[Federal Register Volume 85, Number 157 (Thursday, August 13, 2020)]
[Proposed Rules]
[Pages 49297-49312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15750]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

10 CFR Part 430

[EERE-2020-BT-STD-0001]
RIN 1904-AE86


Energy Conservation Program: Energy Conservation Standards for 
Clothes Washers and Clothes Dryers

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

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Energy Policy and Conservation Act, as amended (``EPCA''), 
prescribes energy conservation standards for various consumer products 
and certain commercial and industrial equipment, including residential 
clothes washers and consumer clothes dryers. In this notice of proposed 
rulemaking (``NOPR''), the Department of Energy (DOE) proposes to 
establish separate product classes for top-loading residential clothes 
washers and consumer clothes dryers that offer cycle times for a normal 
cycle of less than 30 minutes, and for front-loading residential 
clothes washers that offer cycle times for a normal cycle of less than 
45 minutes. DOE would consider appropriate energy and water efficiency 
standards for such product classes, if adopted, in separate 
rulemakings.

DATES: Written comments, data, and information regarding this NOPR will 
be accepted on or before September 14, 2020.

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-2020-BT-
STD-0001, by any of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the instructions for submitting comments.
    (2) Email: [email protected]. Include the 
docket number EERE-2017-BT-STD-0001 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, 6th Floor, 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 the 
rulemaking process, see section V 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, 
not all documents listed in the index may be publicly available, such 
as information that is exempt from public disclosure.
    The docket web page can be found at http://www.regulations.gov/#!docketDetail;D=EERE-2020-BT-STD-0001. The docket web page contains 
instructions on how to access all documents, including public comments, 
in the docket. See section V for information on how to submit comments 
through http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Mr. Bryan Berringer, U.S. Department 
of Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies Office, EE-5B, 1000 Independence Avenue SW, Washington, DC 
20585-0121. Email: [email protected].
    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, review other 
public comments and the docket, or participate in the public meeting, 
contact the Appliance and Equipment Standards Program staff at (202) 
287-1445 or by email: [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
    A. Consumer (Residential) Clothes Washers and Clothes Dryers
    B. Cycle Time Considerations for Appliance Standards
II. General Discussion
    A. Legal Authority
    B. Cycle Time Data
    1. Residential Clothes Washers
    2. Consumer Clothes Dryers
    C. Separate Short-Cycle Product Classes
    1. Residential Clothes Washers
    2. Consumer Clothes Dryers
    D. EPCA's Anti-Backsliding Provision
III. Conclusion
IV. Request for Comments, Data, and Information
V. Submission of Comments
VI. Procedural Issues and Regulatory Review
    A. Review Under Executive Orders 12866 ``Regulatory Planning and 
Review''
    B. Review Under Executive Orders 13771 and 13777
    C. Review Under the Regulatory Flexibility Act
    D. Review Under the Paperwork Reduction Act
    E. Review Under the National Environmental Policy Act of 1969
    F. Review Under Executive Order 13132
    G. Review Under Executive Order 12988
    H. Review Under the Unfunded Mandates Reform Act of 1995
    I. Review Under the Treasury and General Government 
Appropriations Act, 1999

[[Page 49298]]

    J. Review Under Executive Order 12630
    K. Review Under the Treasury and General Government 
Appropriations Act, 2001
    L. Review Under Executive Order 13211
VII. Approval of the Office of the Secretary

I. Background

A. Consumer (Residential) Clothes Washers and Clothes Dryers

    The Energy Policy and Conservation Act, as amended (``EPCA''),\1\ 
authorizes DOE to regulate the energy efficiency of a number of 
consumer products and certain industrial equipment. (42 U.S.C. 6291-
6317) Title III, Part B of EPCA established the Energy Conservation 
Program for Consumer Products Other Than Automobiles. These products 
include consumer (residential) clothes washers and clothes dryers, the 
subject of this document. (42 U.S.C. 6292(a)(7) and (8)) EPCA 
prescribed energy conservation standards for these products, and 
directed DOE to conduct a series of rulemakings to determine whether to 
amend these standards. (42 U.S.C. 6295(g)(2), (3), and (4)(A) and (B))
---------------------------------------------------------------------------

    \1\ All references to EPCA in this document refer to the statute 
in its current form, as amended through America's Water 
Infrastructure Act of 2018, Public Law 115-270 (Oct. 23, 2018).
---------------------------------------------------------------------------

    DOE completed the additional rulemakings for residential clothes 
washers with the publication of a direct final rule on May 31, 2012 
(``May 2012 final rule''). 77 FR 32308. DOE completed the additional 
rulemakings for consumer clothes dryers by publishing a direct final 
rule on April 21, 2011, which amended the energy conservation standards 
for consumer clothes dryers. 76 FR 22454; 76 FR 52852 (Aug. 24, 2011).
    EPCA directs that when prescribing an energy conservation standard 
for a type (or class) of a covered product, DOE must specify--
    [A] Level of energy use or efficiency higher or lower than that 
which applies (or would apply) for such type (or class) for any group 
of covered products which have the same function or intended use, if 
DOE determines that covered products within such a group--
    (A) Consume a different kind of energy from that consumed by other 
covered products within such type (or class); or
    (B) Have a capacity or other such performance-related feature which 
other products within such type (or class) do not have and such feature 
justifies a higher or lower standard from that which applies (or will 
apply) to other products within such type.
    In making a determination concerning whether a performance-related 
feature justifies the establishment of a higher or lower standard, DOE 
must consider such factors as the utility to the consumer of such a 
feature, and such other factors as DOE deems appropriate. (42 U.S.C. 
6295(q)(1))
    The current energy conservation standards establish four product 
classes for residential clothes washers by distinguishing between 
products on the basis of both clothing container capacity and axis of 
loading. 10 CFR 430.32(g)(4). A standard clothes washer has a clothing 
container capacity greater than or equal to 1.6 cubic feet (ft\3\), 
while a compact clothes washer has a clothing container capacity less 
than 1.6 ft\3\. Axis of loading is differentiated by top-loading or 
front-loading. Id.
    For consumer clothes dryers, the current energy conservation 
standards define six product classes, differentiated by the following 
characteristics: fuel source (electric or gas), venting configuration 
(vented or ventless), drum capacity (standard (greater than or equal to 
4.4 ft\3\) or compact (less than 4.4 ft\3\)), integration with a 
clothes washer (combination washer-dryer), and for electric compact 
clothes dryers, voltage (120 V or 240 V). 10 CFR 430.32(h)(3).

B. Cycle Time Considerations for Appliance Standards

    On March 21, 2018, the Competitive Enterprise Institute (``CEI'') 
petitioned DOE to initiate a rulemaking to define a new product class 
under 42 U.S.C. 6295(q) for residential dishwashers.\2\ The new product 
class would cover dishwashers with a cycle time for a normal cycle of 
less than one hour from washing through drying. CEI stated that 
dishwasher cycle times have become dramatically longer under existing 
DOE energy conservation standards, and that consumer satisfaction/
utility has dropped as a result of these longer cycle times. CEI also 
provided data regarding the increase in dishwasher cycle time, 
including data that correlated increased cycle time with DOE's adoption 
of amended efficiency standards for dishwashers.
---------------------------------------------------------------------------

    \2\ The petition for rulemaking, attachments, and data submitted 
by CEI are available in docket number EERE-2018-BT-STD-0005 at 
http://www.regulations.gov.
---------------------------------------------------------------------------

    Based upon its evaluation of the CEI petition and consideration of 
the public comments received in response to the notice of petition 
published in the Federal Register on April 24, 2018 (83 FR 17768), DOE 
granted the petition for rulemaking and proposed a dishwasher product 
class with a cycle time for the normal cycle of less than one hour. 84 
FR 33869 (July 16, 2019). In that proposed rule DOE reiterated its 
prior conclusion with respect to commercial clothes washers that ``the 
longer average cycle time of front-loading machines warrants 
consideration of separate [product] classes.'' 79 FR 74492, 74498 
(Sept. 15, 2014). Further, DOE stated its position that, similar to 
commercial clothes washers, cycle time for dishwashers is a 
performance-related feature for purposes of 6295(q) that justifies a 
higher or lower standard than that applicable to other dishwasher 
product classes.
    Consumer use of residential clothes washers and consumer clothes 
dryers is similar to that of residential dishwashers (i.e., the 
products provide consumer utility over discrete cycles with programmed 
cycle times, and consumers run these cycles multiple times per week on 
average). In Section II of this NOPR, DOE presents cycle time data that 
DOE has gathered in support of its proposal to establish separate 
product classes for residential clothes washers and consumer clothes 
dryers to preserve a performance-related feature of both residential 
clothes washers and consumer clothes dryers (i.e., the consumer utility 
of a short cycle time).

II. General Discussion

A. Legal Authority

    Consistent with the analysis presented in the proposed rulemaking 
to establish a new dishwasher product class (84 FR 33869, 33871-33873; 
July 16, 2019), DOE has concluded it has legal authority pursuant to 42 
U.S.C. 6295(q) to establish separate product classes for residential 
clothes washers and consumer clothes dryers.
    As explained in the dishwasher NOPR, DOE has taken the view in 
numerous prior rulemakings (cited and discussed in this paragraph and 
the next few paragraphs) that consumer utility is an aspect of the 
product that is accessible to the layperson and based on user 
operation, rather than performing a theoretical function. This 
interpretation has been implemented in DOE's previous determinations of 
utility through the value the particular feature brings to the 
consumer, rather than through analyzing more complicated design 
features or costs that anyone, including the consumer, manufacturer, 
installer, or utility companies may bear. DOE has determined that this 
approach is consistent with EPCA's requirement for a separate and 
extensive analysis of economic justification for the adoption of any 
new or amended energy conservation standard. See, e.g., discussion in 
DOE's proposed rule and

[[Page 49299]]

supplemental proposed rule to establish amended energy conservation 
standards for furnaces at 80 FR 13120, 13137 (Mar. 12, 2015); 81 FR 
65720, 65752-65755 (Sept. 23, 2016). Under this approach, DOE 
determined that the window in an oven door was a ``feature'' justifying 
a different standard.\3\ Similarly, DOE also determined that consumers 
may value other features such as the ability to self-clean,\4\ size,\5\ 
and configuration.\6\ In contrast, DOE determined that water heaters 
using electric resistance technology did not merit a product class 
separate from water heaters using heat pump technology.\7\ In both 
heat-pump and electric storage water heaters, the same utility to the 
consumer (i.e., hot water) was provided by units using different 
technology.
---------------------------------------------------------------------------

    \3\ 63 FR 48038, 48041 (Sept. 8, 1998).
    \4\ 73 FR 62034, 62048 (Oct. 17, 2008) (separating standard and 
self-cleaning ovens into different product classes).
    \5\ 77 FR 32037, 32319 (May 31, 2012) (creating a separate 
product class for compact front-loading residential clothes 
washers).
    \6\ 75 FR 59469 (Sept. 27, 2010) (creating a separate product 
class for refrigerators with bottom-mounted freezers).
    \7\ 74 FR 65852, 65871 (Dec. 11, 2009).
---------------------------------------------------------------------------

    In a rulemaking to amend standards applicable to commercial clothes 
washers, DOE determined that the ``axis of loading'' constituted a 
feature that justified separate product classes for top-loading and 
front-loading clothes washers. DOE also determined that ``the longer 
average cycle time of front-loading machines warrants consideration of 
separate [product] classes.'' See final rule to amend standards at 79 
FR 74492, 74498 (Sept. 15, 2014). DOE stated that a split in preference 
between top-loaders and front-loaders would not indicate consumer 
indifference to the axis of loading, but rather that a certain 
percentage of the market expresses a preference for (i.e., derives 
utility from) the top-loading configuration. DOE further noted that 
separation of clothes washer product classes by location of access is 
similar in nature to the product classes for residential refrigerator-
freezers, which include separate product classes based on the access of 
location of the freezer compartment (e.g., top-mounted, side-mounted, 
and bottom-mounted). The location of the freezer compartment on these 
products provides no additional performance-related utility other than 
consumer preference. In other words, the location of access itself 
provides distinct consumer utility. Id. at 79 FR 74499. DOE also 
reasoned that top-loading residential clothes washers are available 
with the same efficiency levels, control panel features, and price 
points as front-loading residential clothes washers, and that given 
these equivalencies, purchase of top-loaders indicates a preference 
among certain consumers for the top-loading configuration, i.e., the 
top-loading configuration provides utility to those customers 
preferring one configuration over another, with all other product 
attributes being equal. Id.
    DOE acknowledged that its determination of what constitutes a 
performance-related feature justifying a different standard could 
change depending on the technology and the consumer, and that as a 
result, certain products may entirely disappear from the market due to 
shifting consumer demand. DOE determines such value on a case-by-case 
basis through its own research as well as public comments received, the 
same approach that DOE employs in all other parts of its energy 
conservation standards rulemaking. See proposed rule to amend standards 
for residential furnaces at 80 FR 13120, 13138 (Mar. 12, 2015).
    DOE applied this same approach to cycle time for dishwashers in the 
product class NOPR. 84 FR 33869, 33872 (July 16, 2019). Consumer use of 
residential clothes washers and consumer clothes dryers is similar to 
that of residential dishwashers, in that the products provide consumer 
utility over discrete cycles with programmed cycle times, and consumers 
run these cycles multiple times per week on average. As such, the 
impact of cycle time on consumer utility identified by CEI in its 
petition regarding dishwashers is also relevant to residential clothes 
washers and consumer clothes dryers. More importantly, DOE previously 
determined in the context of residential clothes washers that cycle 
time warrants consideration of separate classes. See final standards 
rule at 77 FR 32308, 32319 (May 31, 2012).
    DOE understands that a consumer's perception of the utility 
provided by a clothes washer encompasses multiple aspects of 
performance such as: stain removal (i.e., ``cleaning performance''), 
solid particle removal, rinsing effectiveness, fabric gentleness, cycle 
time, noise, vibration, and others. A clothes washer's overall 
performance is a balance among all of these interdependent attributes, 
and each manufacturer chooses how to balance these aspects of 
performance. Furthermore, achieving better performance in one attribute 
may require a tradeoff with one or more other attributes. Similar 
tradeoffs may exist among the performance attributes of clothes dryers 
as well, such as dryness, fabric gentleness, wrinkle removal, and cycle 
time.
    Recognizing the interdependence of these multiple aspects of 
performance in clothes washers and clothes dryers, manufacturers are 
currently offering models implementing a range of clothes washer and 
clothes dryer performance characteristics. DOE presumes that the 
shortest possible cycle times currently available on the market 
represent the models for which manufacturers have prioritized cycle 
time while maintaining adequate performance across the other 
performance aspects. These models must also meet the applicable energy 
and water conservation standard. Based on this presumption, the current 
energy conservation standards may be precluding manufacturers from 
bringing models to the market with substantially shorter cycle times. 
Offering products with shorter cycle times (which would provide greater 
consumer utility for that aspect of performance) would require more 
per-cycle energy and/or water use than would be permitted under the 
current standards in order to maintain the same level of performance in 
other areas (e.g., cleaning, noise, etc.).
    Accordingly, DOE proposes to establish separate product classes for 
residential clothes washers and consumer clothes dryers based on the 
cycle time required for a normal cycle to wash and dry, respectively, 
clothing loads. DOE concludes that cycle time for residential clothes 
washers and clothes dryers is a performance-related feature for 
purposes of 42 U.S.C. 6295(q) that justifies a higher or lower standard 
than that applicable to other product classes of residential clothes 
washers and clothes dryers.
    Based on the data presented in section II.B, DOE proposes to 
establish separate product classes for top-loading residential clothes 
washers with an average cycle time of less than 30 minutes when 
conducting the DOE clothes washer test procedure at 10 CFR part 430, 
subpart B, appendix J2 (``Appendix J2''). DOE also proposes to 
establish separate product classes for front-loading residential 
clothes washers with an average cycle time of less than 45 minutes when 
conducting the same DOE test procedure. For consumer clothes dryers, 
DOE proposes separate product classes for clothes dryers with a cycle 
time of less than 30 minutes when conducting the DOE clothes dryer test 
procedure at 10 CFR part 430, subpart B, appendix D2 (``Appendix D2''). 
DOE seeks comment on other appropriate time frames that it could 
consider in developing the final rule.

[[Page 49300]]

    DOE makes clear that if it were to finalize this proposal and 
thereby establish separate product classes for residential clothes 
washers and consumer clothes dryers, no energy efficiency standards yet 
apply to such products. DOE would need to undertake rulemaking pursuant 
to the procedures established in EPCA and the methodology required by 
its procedures codified at appendix A to subpart C of 10 CFR part 430. 
Accordingly, DOE proposes to establish product classes based on cycle 
time as follows:
    (1) Top-loading, standard-size clothes washers with an average 
cycle time of less than 30 minutes and front-loading, standard-size 
clothes washers with an average cycle time of less than 45 minutes; and
    (2) Vented, electric standard-size clothes dryers and vented gas 
clothes dryers with a test cycle time of less than 30 minutes.
    Such products would not be subject to the applicable DOE test 
procedure or energy conservation standards, unless and until DOE were 
to complete appropriate rulemaking to establish applicable test 
procedures and energy conservation standards.

B. Cycle Time Data

    DOE gathered data on cycle times for a range of residential clothes 
washers and consumer clothes dryers, with test units representing the 
most popular product classes for each product. This document provides a 
high-level summary of this data. DOE is also including a separate 
technical appendix in the docket of this rulemaking that includes a 
more detailed presentation of the data.\8\
---------------------------------------------------------------------------

    \8\ The technical appendix is available in the docket for this 
rulemaking at https://www.regulations.gov.
---------------------------------------------------------------------------

1. Residential Clothes Washers
    For residential clothes washers, the top-loading standard-size and 
front-loading standard-size product classes combined represent over 95 
percent of models currently available on the market. DOE does not have 
data regarding the current distribution of shipments by product class; 
however, in DOE's experience, model-based distributions provide a close 
approximation of shipments-based distributions for residential laundry 
products. DOE's Compliance Certification Database \9\ contains 501 
unique basic models of residential clothes washers. The number of 
unique basic models in each product class (including the corresponding 
percentage of the total 501 models) are as follows:
---------------------------------------------------------------------------

    \9\ DOE's Compliance Certification Database is available at 
https://www.regulations.doe.gov/compliance-certification-database. 
Last accessed March 12, 2020.

 Top-Loading, Standard-Size: 293 (58.5 percent)
 Front-Loading, Standard-Size: 187 (37.3 percent)
 Top-Loading, Compact: 20 (4.0 percent)
 Front-Loading, Compact: 1 (0.2 percent)

    DOE evaluated the cycle times of a representative sample of units 
within the top-loading standard-size and front-loading standard-size 
product classes. For the top-loading standard-size product class, DOE 
tested 23 units representing 10 brands across 7 manufacturers. For the 
front-loading standard-size product class, DOE tested 20 units 
representing 14 brands across 12 manufacturers. The technical appendix 
provides additional details of the technical attributes of each of the 
units evaluated.
    To evaluate the cycle time of each unit, DOE analyzed test data 
from performing the Appendix J2 test procedure once in its entirety for 
each unit. Appendix J2 is the DOE test procedure required to 
demonstrate compliance with the current energy conservation standards. 
The Appendix J2 procedure requires testing a complete set of wash/rinse 
temperature selections and load sizes; the specific temperatures and 
load sizes required for testing are defined in the test procedure and 
are based on the user-selectable options and features available on the 
model.\10\ In general, testing is performed using the ``normal'' cycle 
(i.e., wash program), which is defined as the wash program recommended 
for normal, regular, or typical use for washing up to a full load of 
normally-soiled cotton clothing. For clothes washers with manual water 
fill control systems (in which the user physically selects the water 
fill level), Appendix J2 requires testing each available temperature 
selection using two load sizes: minimum and maximum. For clothes 
washers with automatic water fill control systems (i.e., ``load-
sensing''), Appendix J2 requires testing each available temperature 
selection using three load sizes: minimum, average, and maximum.\11\ 
Among the top-loading standard-size units that DOE evaluated, 5 models 
have a manual water fill control system, 14 models have an automatic 
water fill control system, and 4 models have both manual and automatic 
water fill systems. All 20 front-loading standard-size units that DOE 
evaluated have an automatic water fill control system. DOE is not aware 
of any front-loading models on the market with a manual water fill 
control system. The DOE test procedure specifies usage factors for the 
various tested temperature selections and load sizes, to combine the 
results of all the required wash cycles when calculating the integrated 
modified energy factor (``IMEF'') rating and integrated water factor 
(``IWF'') rating.\12\
---------------------------------------------------------------------------

    \10\ Sections 2.12 and 2.8 of Appendix J2 specify the wash/rinse 
temperatures and load sizes required for testing, respectively.
    \11\ Section 2.8 of Appendix J2 specifies the number of load 
sizes to use based on the model's water fill control system. Table 
5.1 of Appendix J2 specifies the weight of each load size to be used 
for testing, based on the measured capacity of the unit.
    \12\ Table 4.1.1 of Appendix J2 defines the ``temperature use 
factors,'' which are the consumer usage factors applied to the 
temperature selections; and Table 4.1.3 of Appendix J2 defines the 
``load usage factors'', which are the consumer usage factors applied 
to the load sizes. These usage factors are based on based on surveys 
and other data reflecting consumer usage patterns.
---------------------------------------------------------------------------

    Clothes washers offer a variety of wash temperature selections 
(e.g., Cold, Cool, Warm, Hot, Extra Hot/Sanitize, etc.). Typically, 
clothes washer models offer between three and five wash temperatures 
that are available for the consumer to choose when selecting the 
``normal'' cycle. As described, each temperature selection required for 
testing is tested using the two or three different load sizes, 
depending on the type of water fill control, as part of the Appendix J2 
test procedure.
    As an example, consider a representative load-sensing clothes 
washer with four available wash temperatures in the normal cycle (e.g., 
Cold, Cool, Warm, Hot). On such a model, conducting Appendix J2 once in 
its entirety would require performing 12 individual test cycles (i.e., 
running test cycles on all four temperature settings with each of the 
three load sizes), the results of which would be combined in a weighted 
average to produce the IMEF and IWF values.
    For each unit in its test sample, DOE evaluated cycle time using 
the complete set of wash cycle configurations (combinations of wash/
rinse temperature settings and load sizes) required by the DOE test 
procedure. The technical appendix provides additional details of the 
wash cycle configurations for each unit. The number of wash cycle 
configurations ranged from 9 (for a manual water fill unit with three 
temperature selections, each tested with two load sizes) to 21 (for a 
load-sensing unit with seven temperature selections, each tested with 
three load sizes). Appendix J2 does not include provisions for 
determining a single

[[Page 49301]]

cycle time metric for residential clothes washers. To evaluate overall 
cycle times for model-to-model comparisons, DOE considered three 
distinct methods for representing the cycle time of each individual 
unit:
    1. The arithmetic average of the individual cycle times for each 
wash cycle configuration conducted as part of the Appendix J2 test 
procedure.
    2. The weighted average of the individual cycle times for each wash 
cycle configuration conducted as part of the Appendix J2 test 
procedure, using the temperature use factors and load usage factors as 
defined by Appendix J2 for the weighting.
    3. The median cycle time of the complete set of wash cycle 
configurations conducted as part of the Appendix J2 test procedure.
    The data presented below show the results using each of these three 
methods. The technical appendix includes tables that provide, for each 
unit evaluated, the individual cycle times for each wash cycle 
configuration conducted as part of the Appendix J2 test procedure that 
were used as the basis of this analysis. For the purpose of this 
evaluation, DOE considered individual cycle time as the time required 
to complete the entire active washing mode (washing, soaking, tumbling, 
agitating, rinsing, and/or removing water from the load), not including 
any continuous status display, intermittent tumbling, or air 
circulation following operation in active washing mode. DOE recognizes 
that the cycle times associated with specific wash/rinse temperature 
combinations, load sizes, or other cycle configurations could also 
provide useful comparisons across models.
    DOE testing indicates that for a given model, the cycle time of any 
individual wash cycle may be dependent upon the options that are 
selected for the wash cycle and the size of the load being washed. For 
example, an Extra Hot/Sanitize temperature selection typically has a 
longer cycle time than other lower-temperature selections because of 
the need to heat the water internally to high temperatures, and for the 
clothes to remain heated for a sufficient amount of time to achieve 
sanitization. As another example, for load-sensing clothes washers, 
cleaning a large load size will typically result in a longer cycle time 
than a small load size. DOE testing suggests, however, that the 
difference in cycle times as a result of these different selections for 
a given model (other than for an Extra Hot/Sanitize temperature 
selection) is typically less than the range in cycle times among 
different models on the market.
    Table II.1 and Table II.2 of this document provide the cycle time 
(determined using each of the three methods described above) for the 
top-loading standard-size and front-loading standard-size residential 
clothes washer test units, respectively. The data include each unit's 
IMEF and IWF rating, as measured under Appendix J2. Figure II.1 and 
Figure II.2 present the same data graphically, showing cycle time with 
respect to each unit's IMEF rating for each of the three methods 
described above. For the IMEF rating, a higher value indicates more 
efficient energy performance. For the IWF rating, a lower value 
indicates more efficient water performance. (See the technical appendix 
for additional details of the technical attributes of each of the units 
evaluated.)

          Table II.1--Calculated Cycle Time for Top-Loading, Standard-Size Residential Clothes Washers
----------------------------------------------------------------------------------------------------------------
                                                                                 Cycle time (min)
                                    Rated IMEF                   -----------------------------------------------
            Test unit              (cu.ft./kWh/   Rated IWF (gal/    Method 1:       Method 2:
                                      cycle)       cycle/cu.ft.)    arithmetic       weighted        Method 3:
                                                                      average         average         median
----------------------------------------------------------------------------------------------------------------
1...............................            1.57             6.5              41              43              42
2...............................            1.57             6.5              45              50              45
3...............................            1.57             6.5              50              58              51
4...............................            1.57             6.5              64              74              65
5...............................            1.57             6.5              59              61              55
6...............................            1.57             6.5              45              45              44
7...............................            1.57             6.5              40              41              41
8...............................            1.57             6.5              38              38              38
9...............................            1.57             6.5              47              46              46
10..............................            1.71             4.7              40              45              35
11..............................            1.57             6.5              29              29              29
12..............................            1.57             6.5              56              57              57
13..............................            1.57             6.5              55              56              56
14..............................            1.57             6.5              47              54              47
15..............................            2.06             3.8              66              66              66
16..............................            2.38             3.7              66              67              60
17..............................            1.57             6.5              27              28              28
18..............................            1.57             6.5              27              27              27
19..............................            1.57             6.5              42              43              43
20..............................            1.57             6.5              42              43              42
21..............................            1.57             6.5              51              52              52
22..............................            1.57             6.5              50              51              50
23..............................            1.57             6.5              50              51              49
----------------------------------------------------------------------------------------------------------------


[[Page 49302]]


         Table II.2--Calculated Cycle Time for Front-Loading, Standard-Size Residential Clothes Washers
----------------------------------------------------------------------------------------------------------------
                                                                                 Cycle time (min)
                                    Rated IMEF                   -----------------------------------------------
            Test unit              (cu.ft./kWh/   Rated IWF (gal/    Method 1:       Method 2:
                                      cycle)       cycle/cu.ft.)    arithmetic       weighted        Method 3:
                                                                      average         average         median
----------------------------------------------------------------------------------------------------------------
1...............................            2.49             3.5              58              55              56
2...............................            2.22             3.7              69              66              66
3...............................            2.76             3.2              47              47              47
4...............................            2.09             2.8              75              71              70
5...............................            1.86             3.4              68              68              68
6...............................            2.07             4.2              67              59              57
7...............................            2.40             3.7              50              39              35
8...............................            1.85             4.7              78              79              79
9...............................            1.84             4.7              52              54              55
10..............................            1.85             4.6              54              53              53
11..............................            1.85             4.7              77              77              78
12..............................            1.87             4.5              48              48              48
13..............................            2.80             3.0              57              49              49
14..............................            3.00             2.9              68              69              65
15..............................            2.38             3.7              45              45              45
16..............................            1.84             4.6              48              49              46
17..............................            1.85             4.6              77              77              78
18..............................            1.84             4.7              90              78              79
19..............................            1.84             4.7              47              46              43
20..............................            2.38             3.7              59              58              50
----------------------------------------------------------------------------------------------------------------

                                                                                                  [GRAPHIC] [TIFF OMITTED] TP13AU20.005
                                                                                                  

[[Page 49303]]

2. Consumer Clothes Dryers
    For consumer clothes dryers, the vented electric standard-size and 
vented gas product classes combined represent over 89 percent of models 
currently available on the market. DOE does not have data regarding the 
current distribution of shipments by product class; however, in DOE's 
experience, model-based distributions provide a close approximation of 
shipments-based distributions for residential laundry products. DOE's 
Compliance Certification Database contains 686 unique basic models of 
residential clothes dryers. The number of unique basic models in each 
product class (including the corresponding percentage of the total 686 
models) are as follows:

 Vented Electric, Standard-Size: 353 (51.5 percent)
 Vented Gas: 261 (38.0 percent)
 Vented Electric, Compact (120V): 22 (3.2 percent)
 Vented Electric, Compact (240V): 20 (2.9 percent)
 Ventless Electric, Compact (240V): 12 (1.7 percent)
 Ventless Electric, Combination Washer-Dryer: 18 (2.6 percent)

    DOE evaluated the cycle times of a representative sample of units 
within the vented electric standard-size and vented gas product 
classes. For the vented electric standard-size product class, DOE 
tested 6 units representing 4 brands across 4 manufacturers. In 
addition, DOE evaluated cycle time data from the ENERGY STAR product 
database \13\ for an additional 245 vented electric standard-size units 
representing 14 brands across 7 manufacturers. For the vented gas 
product class, DOE tested 8 units representing 4 brands across 4 
manufacturers. In addition, DOE evaluated cycle time data from the 
ENERGY STAR product database for an additional 110 vented gas units 
representing 9 brands across 5 manufacturers. In total, DOE evaluated 
the cycle times of units representing over 50 percent of residential 
clothes dryer basic models. The technical appendix provides additional 
details of the technical attributes of each of the units evaluated.
---------------------------------------------------------------------------

    \13\ Manufacturers must report cycle time as tested under 
Appendix D2 when seeking ENERGY STAR qualification for a consumer 
clothes dryer basic model. ENERGY STAR product database for clothes 
dryers is available at https://www.energystar.gov/productfinder/product/certified-clothes-dryers/results. Last accessed January 22, 
2020.
---------------------------------------------------------------------------

    To evaluate the cycle time of each tested unit, DOE analyzed data 
from performing the Appendix D2 test procedure. Appendix D2 is 
currently optional for demonstrating compliance with the current DOE 
energy conservation standards, but is used for demonstrating compliance 
with ENERGY STAR criteria. Appendix D2 specifies that clothes dryers 
with automatic cycle termination be operated using the ``normal'' 
program (or the cycle recommended by the manufacturer for drying cotton 
or linen clothes in the absence of a normal program) until the 
completion of the cycle, as indicated to the consumer. Where it is 
possible for the drying temperature and dryness level to be selected 
independently of the program, the maximum drying temperature setting is 
used with the ``normal'' or ``medium'' dryness level (or the mid-point 
between the minimum and maximum settings). Section 3.3.2 of Appendix 
D2.
    In contrast, Appendix D1 does not provide data that can be used to 
determine a ``cycle time'' as experienced by the consumer. Performing 
the Appendix D1 test procedure requires operating the dryer on a timed 
dry cycle set to the maximum time available, artificially stopping the 
drying cycle when the moisture content of the load is between 2.0 and 
5.5 percent of the bone-dry weight of the cloth, normalizing the 
measured energy to represent a standardized moisture content removal of 
53.5 percent, and applying a field use factor to calculate the 
representative per-cycle energy use. Because Appendix D1 requires 
manually stopping operation at a specified moisture content, 
normalizing, and applying a field use factor, the length of time that a 
clothes dryer is operated during an Appendix D1 test does not 
necessarily correspond to the length of time that a consumer would 
operate the clothes dryers (in contrast to the calculated energy use, 
which is representative of the energy use experienced by the 
consumer).\14\
---------------------------------------------------------------------------

    \14\ Appendix D1 does not provide data that can be used to 
determine a ``cycle time'' because the drying cycle is artificially 
terminated. The artificially terminated cycle has a field use factor 
applied to calculate representative energy consumption. Appendix D2 
provides representative energy use and a corresponding cycle time, 
because the cycle is run from start to completion without being 
artificially terminated.
---------------------------------------------------------------------------

    The sample of models tested by DOE were certified to DOE using 
Appendix D1, but tested by DOE using Appendix D2 for the purpose of 
determining cycle time in this analysis. All of the models analyzed 
from the ENERGY STAR database were certified to ENERGY STAR using 
Appendix D2. All of the models in DOE's test sample provide automatic 
cycle termination capability.
    Under Appendix D2, the combined energy factor (``CEF'') rating is 
based on the energy consumption of a single test cycle.\15\ The cycle 
time evaluated by DOE represents the total cycle time as tested under 
Appendix D2, excluding any wrinkle prevention mode that continuously or 
intermittently tumbles the clothes dryer drum after the clothes dryer 
indicates to the user that the cycle has finished. Table II.3 and Table 
II.4 provide the Appendix D2 cycle time data for the vented electric 
standard-size and vented gas clothes dryers tested by DOE, 
respectively.\16\ The technical appendix includes the additional cycle 
time data evaluated for the models certified in the ENERGY STAR 
database. Figure II.3 and Figure II.4 present the same data 
graphically, including the additional cycle time data from the ENERGY 
STAR product database.\17\
---------------------------------------------------------------------------

    \15\ For automatic termination control dryers, Appendix D2 
requires that if the clothes dryer is equipped with a mode that 
continuously or intermittently tumbles the load after the indicating 
the cycle has finished (i.e., wrinkle prevention mode) that is 
activated by default in the as-shipped position or if the 
manufacturer's instructions specify that the mode be activated for 
normal use, the cycle is considered complete after the end of 
wrinkle prevention mode. If at the end of the test cycle, the final 
moisture content is greater than 2 percent, then the results for 
that test cycle are discarded and the test is rerun with the highest 
dryness level setting.
    \16\ For both vented electric standard and vented gas clothes 
dryers, baseline units with CEF values near the current energy 
conservation standard level are typically certified to DOE using 
Appendix D1. The presented cycle times, however, are those measured 
by DOE when the units were tested to Appendix D2.
    \17\ The technical appendix tables, available at http://www.regulations.gov include the ENERGY STAR data. This data is not 
included in this document due to the very large number of models 
included.

    Table II.3--Measured Cycle Time for Vented Electric Standard-Size
                    Clothes Dryers Using Appendix D2
------------------------------------------------------------------------
                                          Rated CEF (lbs/   Cycle time
                Test unit                      kWh)            (min)
------------------------------------------------------------------------
1.......................................            3.73              40
2.......................................            3.73              62
3.......................................            3.73              67
4.......................................            3.74              39
5.......................................            3.74              36
6.......................................            3.73              45
------------------------------------------------------------------------


   Table II.4--Measured Cycle Time for Vented Gas Clothes Dryers Using
                               Appendix D2
------------------------------------------------------------------------
                                          Rated CEF (lbs/   Cycle time
                Test unit                      kWh)            (min)
------------------------------------------------------------------------
1.......................................            3.30              89
2.......................................            3.30              78

[[Page 49304]]

 
3.......................................            3.31              36
4.......................................            3.31              35
5.......................................            3.30              63
6.......................................            3.30              54
7.......................................            3.30              33
8.......................................            3.30              51
------------------------------------------------------------------------

                                                          [GRAPHIC] [TIFF OMITTED] TP13AU20.006
                                                          
    The data presented in this NOPR demonstrate a wide range of cycle 
times among the clothes dryer models within each product class. Because 
these cycle times correspond to the ``normal'' program on each model, 
the differences among them may be due to the characteristics of the 
heating element/burner control scheme used by the normal cycle; the 
effectiveness of the automatic termination control system in sensing 
the moisture content of the load and ending the drying cycle when the 
specified final moisture content is reached, without significant over-
drying; or other factors.

C. Separate Short-Cycle Product Classes

1. Residential Clothes Washers
    For residential clothes washers, DOE's data indicate that for 
standard-size top-loading units on the market, the shortest available 
cycle time when tested under Appendix J2 (the currently applicable test 
procedure) is approximately 30 minutes. The data also indicate that for 
standard-size front-loading units on the market, the shortest available 
cycle time when tested under Appendix J2 is approximately 45 minutes. 
This distinction demonstrates that front-loading clothes washers, which 
are generally more efficient than top-loading clothes washers, 
inherently require additional time to wash a load

[[Page 49305]]

of clothes. Front-loading clothes washers typically use less water, and 
thus less water heating energy, than comparably-sized top-loading 
clothes washers due to the tumbling action in front-loading units, but 
the lower mechanical cleaning action of this tumbling as compared to 
the agitation in top-loading units can result in relatively longer 
cycle times to achieve similar cleaning performance. DOE seeks to 
preserve the utility of a short cycle time for both top-loading and 
front-loading clothes washers in this NOPR.
    Appendix J2 specifies multiple test cycles with varying temperature 
selections and load sizes to be run as part of the energy test cycle. 
Because different residential clothes washers may have a differing 
number of wash and rinse temperature selections required to be tested 
as part of the energy test cycle in Appendix J2, and because cycles 
conducted on the same machine at different wash/rinse temperature 
selections may have differing cycle times, DOE proposes in this NOPR 
that the cycle time for a particular residential clothes washer model 
would be considered to be the average of the individual cycle times for 
each test cycle conducted as part of the energy test cycle specified in 
Appendix J2. This corresponds to ``Method 1'' described in section 
II.B.1 of this document. DOE is also proposing that each individual 
cycle time would be based on the time required to complete the entire 
active washing mode (which includes washing, soaking, tumbling, 
agitating, rinsing, and/or removing water from the load), not including 
any continuous status display, intermittent tumbling, or air 
circulation following operation in active washing mode. This approach 
would also provide information to the consumer about an average cycle 
time across all of the cycles that are representative of consumer 
usage, consistent with the energy and water consumption information 
provided in the Integrated Modified Energy Factor (``IMEF'') and 
Integrated Water Factor (``IWF'') metrics, respectively, that are the 
bases of the current energy conservation standards for residential 
clothes washers.
    Issue 1: DOE requests comment on the analysis used to determine 
cycle time for residential clothes washers, including whether 
calculating an average value across all test cycles (Method 1) is 
appropriate.
    Issue 2: DOE also seeks comment on whether, alternatively, a 
different method for calculating cycle time should be used, such as the 
weighted-average method (Method 2 described in section II.B.1 of this 
document) or the median method (Method 3); or any other method that 
would be appropriate.
    DOE is aware that some clothes washers provide, in addition to the 
normal cycle,\18\ a setting that provides a shorter cycle time. While 
clothes washers may offer reduced-time cycle options, such cycles are 
not recommended by the manufacturer for normal, regular, or typical use 
for washing up to a full load of normally-soiled cotton clothing (as 
DOE currently defines the normal cycle). Such cycles are not the 
product's ``normal cycle'' and would not be measured as part of the 
Appendix J2 test because Appendix J2 specifies performing testing on 
the normal cycle.
---------------------------------------------------------------------------

    \18\ Section 1.25 of Appendix J2 defines Normal cycle as the 
cycle recommended by the manufacturer (considering manufacturer 
instructions, control panel labeling, and other markings on the 
clothes washer) for normal, regular, or typical use for washing up 
to a full load of normally-soiled cotton clothing. For machines 
where multiple cycle settings are recommended by the manufacturer 
for normal, regular, or typical use for washing up to a full load of 
normally-soiled cotton clothing, then the Normal cycle is the cycle 
selection that results in the lowest IMEF or MEF value.
---------------------------------------------------------------------------

    DOE presumes that certain manufacturers are currently implementing 
the shortest possible cycle times that enable a clothes washer to 
achieve satisfactory cleaning performance (and other aspects of clothes 
washer performance) while meeting the applicable energy and water 
conservation standards. Based on this presumption, the current energy 
conservation standards may be precluding manufacturers from bringing 
models to the market with substantially shorter cycle times. DOE's data 
suggest that standard-size residential clothes washers may not be able 
to comply with current energy and water conservation standards for 
residential top-loading clothes washers with cycle times substantively 
less than 30 minutes and front-loading clothes washers with cycle times 
substantively less than 45 minutes. To allow manufacturers the 
opportunity to innovate and develop products that would provide 
consumers the utility of such shorter cycle times, DOE proposes in this 
NOPR to establish separate product classes for top-loading standard-
size residential clothes washers with average cycle times less than 30 
minutes and front-loading standard-size residential clothes washers 
with average cycle times less than 45 minutes.
    Issue 3: DOE seeks comment on its proposal to establish separate 
product classes for top-loading standard-size residential clothes 
washers with average cycle times less than 30 minutes, including 
whether the 30-minute threshold average cycle time is appropriate or 
whether DOE should consider a different average cycle time for the 
final rule.
    Issue 4: DOE also seeks comment on its proposal to establish 
separate product classes for front-loading standard-size residential 
clothes washers with average cycle times less than 45 minutes, 
including whether the 45-minute threshold average cycle time is 
appropriate or whether DOE should consider a different average cycle 
time for the final rule.
    DOE is not proposing to establish cycle-time based product classes 
for top-loading compact and front-loading compact residential clothes 
washers because compact-size units are niche products that represent 
less than 4 percent of residential clothes washer models on the 
market.\19\ DOE could consider, however, whether the 30-minute, 45-
minute or some other product class distinction related to cycle time 
should also apply the compact product classes.
---------------------------------------------------------------------------

    \19\ Based on DOE's Compliance Certification Database for 
residential clothes washers, top-loading compact and front-loading 
compact product classes combined represent 32 models out of a total 
of 816 certified basic models. https://www.regulations.doe.gov/certification-data/CCMS-4-Clothes_Washers.html#q=Product_Group_s%3A%22Clothes%20Washers%22. 
Last accessed January 6, 2020.
---------------------------------------------------------------------------

    Issue 5: DOE seeks comment on whether the 30-minute product class 
distinction should apply to both standard and compact residential 
clothes washers, and whether that would include both top-loading and 
front-loading configurations.
2. Consumer Clothes Dryers
    For consumer clothes dryers, DOE's data indicate that for both 
vented electric standard-size and vented gas units, the shortest 
available cycle time when tested under Appendix D2 is approximately 30 
minutes.
    As described, during Appendix D2 testing, consumer clothes dryers 
equipped with automatic cycle termination are operated using 
representative cycle settings (specifically, the ``normal'' program, or 
the cycle recommended by the manufacturer for drying cotton or linen 
clothes; with the maximum drying temperature and ``normal'' or 
``medium'' dryness level, if either setting can be selected independent 
of the ``normal'' program) to completion of the cycle, with the cycle 
deemed valid if the final moisture content of the load is no greater 
than 2 percent.

[[Page 49306]]

    As stated, manufacturers are not required to use Appendix D2 at 
this time to demonstrate compliance with current energy conservation 
standards. However, manufacturers must use Appendix D2 in order to 
qualify a consumer clothes dryer for ENERGY STAR labeling, and 
manufacturers must use a single test procedure (Appendix D1 or Appendix 
D2) for all representations of energy use, including certification of 
compliance with applicable energy conservation standards. Therefore, 
all ENERGY STAR-qualified consumer clothes dryers are already being 
tested according to Appendix D2.
    Issue 6: DOE seeks comment on its use of Appendix D2 to determine 
the cycle time of a clothes dryer.
    DOE's data indicate that vented electric standard-size and vented 
gas clothes dryers that comply with the current energy conservation 
standards exhibit cycle times of approximately 30 minutes or longer. 
Thus, assuming certain manufacturers are currently implementing the 
shortest possible cycle times that enable a clothes dryer to achieve 
satisfactory drying performance (and other aspects of clothes dryer 
performance) while meeting the applicable energy conservation 
standards, the standards may preclude manufacturers from offering 
consumers clothes dryers that provide the utility of cycle times 
shorter than 30 minutes. For these reasons, DOE proposes in this NOPR 
to establish separate product classes for vented electric standard-size 
and vented gas clothes dryers with cycle times less than 30 minutes.
    Issue 7: DOE seeks comment on its proposal to establish separate 
product classes for vented electric standard-size vented gas clothes 
dryers with cycle times less than 30 minutes, including whether the 30-
minute threshold cycle time is appropriate or whether DOE should 
consider a different value for the final rule.
    Because compact consumer clothes dryers and combination washer-
dryers are niche products that represent a relatively low percentage of 
models on the market,\20\ DOE is not proposing to establish short-cycle 
product classes for vented electric compact (120 V or 240 V), ventless 
electric compact (240 V), and ventless electric combination washer-
dryer products. DOE seeks comment on whether to establish separate 
product classes for ventless or compact electric units that offer a 
short cycle, and if so, an appropriate length for such a product class.
---------------------------------------------------------------------------

    \20\ Based on DOE's Compliance Certification Database for 
consumer clothes dryers, vented electric compact (120 V or 240 V), 
ventless electric compact (240 V), and ventless electric combination 
washer-dryer product classes collectively represent 95 models out of 
a total of 1,086 certified basic models. https://www.regulations.doe.gov/certification-data/CCMS-4-Clothes_Dryers_-_Appendix_D1.html#q=Product_Group_s%3A%22Clothes%20Dryers%20-%20Appendix%20D1%22 (Appendix D1 models) and https://www.regulations.doe.gov/certification-data/CCMS-4-Clothes_Dryers_-_Appendix_D2.html#q=Product_Group_s%3A%22Clothes%20Dryers%20-%20Appendix%20D2%22 (Appendix D2 models). Last accessed January 6, 
2020.
---------------------------------------------------------------------------

    Issue 8: DOE seeks comment on whether the 30-minute product class 
distinction should apply only to vented electric standard-size and 
vented gas product classes, or whether shorter cycle times should be 
considered for all consumer clothes dryer product classes.
    Issue 9: DOE further seeks comment on appropriate cycle times for 
any short-cycle vented electric, ventless electric, and ventless 
combination washer-dryer product classes.

D. EPCA's Anti-Backsliding Provision

    In any rulemaking to establish standards for a separate product 
class, DOE must consider EPCA's general prohibition against prescribing 
amended standards that increases the maximum allowable energy use, or, 
in the case of showerheads, faucets, water closets, or urinals, water 
use, or decreases the minimum required energy efficiency, of a covered 
product. (42 U.S.C. 6295(o)(1); the ``anti-backsliding provision'') As 
explained in the proposed rule that would grant a petition for 
rulemaking to establish a new dishwasher product class, the anti-
backsliding provision must be read in conjunction with the product 
class authority in 42 U.S.C. 6295(q), and does not prohibit the 
establishment of product classes as proposed in this document. (84 FR 
33869, 33871-33873; July 16, 2019) DOE presents the substance of that 
explanation in the paragraphs that follow.
    Section 6295(q) directs DOE to specify ``a level of energy use or 
efficiency higher or lower than that which applies (or would apply) for 
such type or class . . .'' if the Secretary determines that covered 
products within such group consume a different type of energy or have a 
capacity or other performance-related feature that justifies ``a higher 
or lower standard from that which applies (or will apply) to other 
products within such type (or class).'' (42 U.S.C. 6295(q)) EPCA 
explicitly acknowledges, therefore, that product features may arise 
that require designation of a product class with a standard lower than 
that applicable to other product classes for that covered product.
    Specifically, by using the present tense, ``a higher or lower 
standard than that which applies,'' EPCA authorizes DOE to reduce the 
stringency of the standard currently applicable to the products covered 
under the newly established separate product class. The applicability 
of this provision to current standards is further evidenced by the 
additional reference to standards that are not yet applicable (i.e., 
standards that ``would apply'' or ``will apply''). If 42 U.S.C. 
6295(q)(1) were to operate only in instances in which standards have 
not yet been established, there would be no need to separately indicate 
the applicability to future standards. Nor would there be any purpose 
to calling out the potential for higher or lower standards, because 
there would not be any standards against which to measure that 
potential. In this manner, 42 U.S.C. 6295(q) authorizes DOE to reduce 
the stringency of a currently applicable standard upon making the 
determinations required by 42 U.S.C. 6295(q).
    This reading of the statutory text recognizes that section 6295(q) 
of EPCA cannot be read to prohibit DOE from establishing standards that 
allow for technological advances or product features that could yield 
significant consumer benefits while providing additional functionality 
(i.e., consumer utility) to the consumer. DOE relied on this concept 
when, in 2011, DOE established separate energy conservation standards 
for ventless clothes dryers, reasoning that the ``unique utility'' 
presented by the ability to have a clothes dryer in a living area where 
vents are impossible to install (i.e., a high-rise apartment) merited 
the establishment of a separate product class. 76 FR 22454, 22485 (Apr. 
21, 2011). Another example of this that DOE is beginning to explore is 
network connectivity of covered products. See DOE's Smart Products RFI 
at 83 FR 46886 (Sept. 18, 2018). Network connectivity is a technology 
that has only recently begun to appear on the market. Moreover, it 
clearly has a desirable consumer utility and is a fast-growing feature 
of new models of covered products. However, network connectivity comes 
with attendant energy use. EPCA's anti-backsliding provision cannot be 
read to prohibit DOE from establishing standards that allow for covered 
products to be connected to a network simply because standards for 
those products were established prior to the time that network 
connectivity was even contemplated, and thereby eliminating

[[Page 49307]]

the ability to implement this consumer-desired option. Similarly, for 
residential clothes washers and consumer clothes dryers, 42 U.S.C. 
6295(q) authorizes DOE to establish standards for product features that 
provide consumer utility, such as shorter cycle times.
    This interpretation is consistent with DOE's previous recognition 
of the importance of technological advances that could yield 
significant consumer benefits in the form of lower energy costs while 
providing the same functionality to the consumer. 80 FR 13120, 13138 
(Mar. 12, 2015); 81 FR 65720, 65752 (Sept. 23, 2016). In the proposed 
and supplemental proposed rule to establish standards for residential 
furnaces, DOE stated that tying the concept of feature to a specific 
technology would effectively ``lock-in'' the currently existing 
technology as the ceiling for product efficiency and eliminate DOE's 
ability to address such technological advances. Id.
    Further, EPCA's anti-backsliding provision is limited in its 
applicability with regard to water use to four specified products, 
i.e., showerheads, faucets, water closets, or urinals. DOE's existing 
energy conservation standards for residential clothes washers include 
both energy and water use components. As residential clothes washers 
are not one of the products listed in the anti-backsliding provision 
with respect to water use, EPCA does not prohibit DOE from specifying a 
maximum amount of water use for residential clothes washers that is 
greater than the existing standard without regard to whether DOE were 
to establish separate product classes for residential clothes washers 
as proposed in this proposed rule.
    Finally, DOE recognizes that 42 U.S.C. 6295(o)(4) prohibits DOE 
from establishing standards that would result in the unavailability in 
any covered product type (or class) of performance characteristics 
(including reliability), features, sizes, capacities and volumes that 
are substantially the same as those generally available at the time of 
the Secretary's finding. Section 6295(q) of EPCA authorizes DOE to set 
standards that recognize new technologies and product features, or in 
this case, features that are no longer available in the market. This 
reading of the statute is consistent with DOE's previous acknowledgment 
that its determination of what constitutes a performance-related 
feature justifying a different standard could change depending on the 
technology and the consumer utility, and that as a result, certain 
products may disappear from (or reappear in) the market entirely due to 
shifting consumer demand. This reading is also consistent with DOE's 
statements that DOE determines this value on a case-by-case basis 
through its own research as well as public comments received. (80 FR 
13120, 13138, Mar. 12, 2015). In addition, once DOE makes a 
determination that a certain product attribute is a feature, DOE cannot 
later set a standard that would eliminate that feature.

III. Conclusion

    DOE has concluded that it has legal authority to establish separate 
short-cycle product classes for residential clothes washers and 
consumer clothes dryers pursuant to 42 U.S.C. 6295(q). DOE proposes to 
establish separate product classes for top-loading standard-size and 
front-loading standard-size residential clothes washers with cycle 
times of less than 30 and 45 minutes, respectively, and for vented 
electric standard-size and vented gas clothes dryers with a cycle time 
of less than 30 minutes. DOE will consider test procedures and energy 
conservation standards in separate rulemakings, should such product 
classes be established.
    DOE also proposes to update the requirements for the residential 
clothes washer and consumer clothes dryer standards at 10 CFR 
430.32(g)(4) and (h)(3), respectively. The current requirements for 
both products include tables that specify the applicable energy 
conservation standards. DOE proposes to add new paragraphs following 
each table showing the current requirements to specify that top-loading 
standard-size and front-loading standard-size residential clothes 
washers with an average cycle time of less than 30 and 45 minutes, 
respectively, are not currently subject to energy or water conservation 
standards, and that vented electric standard-size and vented gas 
clothes dryers with a cycle time of less than 30 minutes are not 
currently subject to energy conservation standards.
    As noted, DOE seeks comment on other potential time limits or 
utilities to delineate the separate product classes, as well as whether 
short-cycle product classes should be established for other product 
classes of residential clothes washers and consumer clothes dryers. 
Should DOE finalize separate product classes, DOE would then evaluate 
energy and water consumption limits to determine standards for each 
product class that provide for the maximum energy efficiency that is 
technologically feasible and economically justified, and will result in 
a significant conservation of energy. (42 U.S.C. 6295(o)(2)(A)) DOE 
will provide additional opportunity for comment on any proposed energy 
conservation standards for short-cycle residential clothes washers and 
consumer clothes dryers.

IV. Request for Comments, Data, and Information

    In this rulemaking, DOE proposes to establish separate product 
classes for top-loading standard-size and front-loading standard-size 
residential clothes washers with cycle times of less than 30 and 45 
minutes, respectively, and vented electric standard-size and vented gas 
consumer clothes dryers with a cycle time of less than 30 minutes. To 
inform its consideration of the proposal and any future energy 
conservation standards for such residential clothes washers and 
consumer clothes dryers, DOE requests additional data on the following:

    Issue 10: DOE requests data on the cycle times of cycles with 
various wash and rinse temperature selections and load sizes for 
residential clothes washers (both standard size and compact).
    Issue 11: DOE requests data on the cycle time of consumer clothes 
dryers (standard size and compact, vented and ventless, 120 V and 240 
V, and combination washer-dryer configurations) currently on the 
market.
    Issue 12: DOE requests comment on whether any current technologies 
are available that could provide a wash cycle (for residential clothes 
washers) or a dry cycle (for consumer clothes dryers) in less than 30 
minutes, and that would allow the product to comply with the applicable 
current energy conservation standards.
    As noted, in addition to the normal cycle, some clothes washers 
provide a cycle that provides a shorter cycle time. To better 
understand the extent of the utility that a short cycle would 
potentially provide consumers, DOE requests comment and data on the 
following:

    Issue 13: For each current residential clothes washer product 
class, DOE seeks data and information on consumer use of reduced-time 
cycles as a percentage of individual residential clothes washer use; 
the cycle time of the reduced-time cycles selected; and the cycle time 
of the ``normal'' cycle of that clothes washer.
    Issue 14: DOE seeks data and information on how residential clothes 
washers with ``express'' or ``quick wash'' cycles operate and how those 
cycles compare to a ``normal cycle'' with regard to cleaning clothing.
    Issue 15: DOE requests information on the operating demands on 
consumers

[[Page 49308]]

that may favor shorter cycle times for both residential clothes washers 
and consumer clothes dryers.
    In analyzing the feasibility of potential energy conservation 
standards, DOE uses information about existing and past technology 
options and prototype designs to help identify technologies that 
manufacturers could use to meet and/or exceed a given set of energy 
conservation standards under consideration.
    Issue 16: DOE seeks information on technologies currently used or 
that could be used to achieve cycles with reduced time. Specifically, 
DOE is interested in information regarding expected market adoption and 
any concerns with incorporating such technologies into products (e.g., 
impacts on consumer utility; potential safety concerns; manufacturing, 
production, implementation issues, etc.).
    Issue 17: DOE seeks input on the costs associated with 
incorporating particular technologies and/or design options to achieve 
cycles with reduced time.
    Issue 18: DOE seeks information on the range of efficiencies or 
performance characteristics associated with each technology option that 
could be used to achieve cycles with reduced time.
    Issue 19: DOE requests information on the investments necessary to 
incorporate specific technologies and design options that could be used 
to achieve cycles with reduced time, including, but not limited to, 
costs related to new or modified tooling (if any), materials, 
engineering and development efforts to implement each design option, 
and manufacturing or production impacts.
    Issue 20: DOE requests comment on any impacts to small businesses 
that may occur as a result of this proposal.
    DOE has identified a variety of issues on which it seeks input in 
this rulemaking to establish separate product classes and the 
appropriate energy conservation standards for such product classes, 
should they be established. Additionally, DOE welcomes comments on 
other issues relevant to the conduct of this rulemaking 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 (Feb. 3, 
2017). Consistent with that Executive Order, DOE encourages the public 
to provide input on measures that DOE could take to lower the cost of 
its energy conservation standards rulemakings, recordkeeping and 
reporting requirements, and compliance and certification requirements 
applicable to residential clothes washers and clothes dryers, while 
remaining consistent with the requirements of EPCA.

V. Submission of Comments

    DOE invites all interested parties to submit in writing by October 
13, 2020, comments and information on matters addressed in this 
document and on other matters relevant to DOE's consideration of a 
separate product classes for top-loading, standard-size residential 
clothes washers with an average cycle time of less than 30 minutes when 
conducting the test procedure at Appendix J2; for front-loading, 
standard-size residential clothes washers with an average cycle time of 
less than 45 minutes when conducting the test procedure at Appendix J2; 
and vented electric standard-size clothes dryers and vented gas clothes 
dryers with a cycle time of less than 30 minutes when conducting the 
test procedure in Appendix D2. DOE also seeks comment on potential 
energy conservations standards for such classes of residential clothes 
washers and consumer clothes dryers, should they be established. After 
the close of the comment period, DOE will review the public comments 
received and begin collecting data and conducting the analyses 
necessary to consider appropriate energy conservation standard levels.
    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. Following this instruction, 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/courier, or postal 
mail. Comments and documents submitted via email, hand delivery/
courier, or postal 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 postal mail 
or hand delivery/courier, please provide all items on a CD, if 
feasible, in which case it is not necessary to submit printed copies. 
No 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.

[[Page 49309]]

    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.
    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 test procedures and energy conservation 
standards. DOE actively encourages the participation and interaction of 
the public during the comment period in each stage of this process. 
Interactions 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].

VI. Procedural Issues and Regulatory Review

A. Review Under Executive Orders 12866 ``Regulatory Planning and 
Review''

    This proposed rule is a ``significant regulatory action'' under the 
criteria set out in section 3(f) of Executive Order 12866, ``Regulatory 
Planning and Review.'' 58 FR 51735 (October 4, 1993). Accordingly, this 
action was subject to review by the Office of Information and 
Regulatory Affairs (``OIRA'') in the Office of Management and Budget 
(``OMB'').

B. Review Under Executive Order 13771

    On January 30, 2017, the President issued Executive Order 
(``E.O.'') 13771, ``Reducing Regulation and Controlling Regulatory 
Costs.'' E.O. 13771 stated the policy of the executive branch is to be 
prudent and financially responsible in the expenditure of funds, from 
both public and private sources. E.O. 13771 stated it is essential to 
manage the costs associated with the governmental imposition of private 
expenditures required to comply with Federal regulations.
    DOE has determined that this proposed rule is a deregulatory 
action. This proposed rule, if adopted, would establish separate 
product classes for short-cycle residential clothes washers and 
consumer clothes dryers. Manufacturers could design and manufacture new 
products in this product class to meet consumer demand. DOE also seeks 
data to assist its determination of the appropriate standard levels for 
such product classes in subsequent rulemakings.

C. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
preparation of an initial regulatory flexibility analysis (``IRFA'') 
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 (Aug. 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 has made 
these procedures and policies available on the Office of the General 
Counsel's website (http://energy.gov/gc/office-general-counsel).
    DOE reviewed this proposed rule under the provisions of the 
Regulatory Flexibility Act and the procedures and policies published on 
February 19, 2003. DOE has tentatively concluded that this proposed 
rule will not have a significant impact on a substantial number of 
small entities. The factual basis for this determination is as follows:
    The Small Business Administration (``SBA'') considers a business 
entity to be a small business, if, together with its affiliates, it 
employs less than a threshold number of workers or earns less than the 
average annual receipts specified in 13 CFR part 121. The threshold 
values set forth in these regulations use size standards and codes 
established by the North American Industry Classification System 
(``NAICS'') that are available at: https://www.sba.gov/document/support-tablesize-standards. The threshold number for NAICS 
classification code 335220, major household appliance manufacturing, 
which includes clothes dryer and clothes washer manufacturers, is 1,500 
employees. Manufacturers must certify compliance of their products to 
DOE prior to distributing them in commerce. Because no small 
manufacturers have certified to DOE in 2019 or 2020, DOE does not 
believe that there are any small manufacturers of these products. In 
addition, this rulemaking proposes to establish product classes for 
residential clothes washers and consumer clothes dryers with cycle 
times less than 30 minutes. Appropriate standard levels would be 
established in subsequent rulemakings. As a result, DOE certifies that 
the proposed rule would not have a significant impact on a substantial 
number of small entities. DOE will transmit the certification and 
supporting statement of factual basis to the Chief Counsel for Advocacy 
of the Small Business Administration for review under 5 U.S.C. 605(b).

D. Review Under the Paperwork Reduction Act

    This rulemaking, which proposes to establish product classes for 
residential clothes washers and consumer clothes dryers with cycle 
times less than 30 minutes, but does not establish standards or new 
testing requirements that would be required for testing such products, 
imposes no new information or record keeping requirements. Accordingly, 
Office of Management and Budget clearance is not required under the 
Paperwork Reduction Act. (44 U.S.C. 3501 et seq.)
    Manufacturers of covered products generally must certify to DOE 
that their products comply with any applicable energy conservation 
standards. To certify compliance, manufacturers must first obtain test 
data for their products according to the DOE test procedures, 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 
residential clothes washers and consumer clothes dryers. (See generally 
10 CFR part 429). The collection-of-information requirement for the 
certification and recordkeeping

[[Page 49310]]

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 35 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.

E. Review Under the National Environmental Policy Act of 1969

    In this proposed rule, DOE proposes to establish product classes 
for residential clothes washers and consumer clothes dryers with cycle 
times less than 30 minutes. 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 only establish new product 
classes for residential clothes washers and consumer clothes dryers 
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.

F. Review Under Executive Order 13132

    Executive Order 13132, ``Federalism,'' 64 FR 43255 (Aug. 10, 1999), 
imposes certain requirements on Federal 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. EPCA governs and 
prescribes Federal preemption of State regulations as to energy 
conservation for the products that are the subject of this proposed 
rule. States can petition DOE for exemption from such preemption to the 
extent, and based on criteria, set forth in EPCA. (42 U.S.C. 6297) No 
further action is required by Executive Order 13132.

G. Review Under Executive Order 12988

    With respect to the review of existing regulations and the 
promulgation of new regulations, section 3(a) of Executive Order 12988, 
``Civil Justice Reform,'' 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, and (3) 
provide a clear legal standard for affected conduct rather than a 
general standard and promote simplification and burden reduction. 61 FR 
4729 (Feb. 7, 1996). 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 section 3(a) and 
section 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, this proposed rule 
meets the relevant standards of Executive Order 12988.

H. 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 them. 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://www.gc.doe.gov). 
This proposed 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 under the Unfunded Mandates Reform Act 
do not apply.

I. 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 proposed 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.

J. Review Under Executive Order 12630

    The Department has determined, under Executive Order 12630, 
``Governmental Actions and Interference with Constitutionally Protected 
Property Rights,'' 53 FR 8859 (March 15, 1988), that this proposed rule 
would not result in any takings that might require compensation under 
the Fifth Amendment to the U.S. Constitution.

K. 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 Federal agencies to 
review most disseminations of information to the public under 
information quality

[[Page 49311]]

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 this proposed rule under the OMB and DOE 
guidelines and has concluded that it is consistent with applicable 
policies in those guidelines.

L. 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 OIRA 
at 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 promulgates 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 for energy supply, distribution, and use. This proposed rule, 
which would establish product classes for residential clothes washers 
and consumer clothes dryers with cycle times less than 30 minutes, 
would not have a significant adverse effect on the supply, 
distribution, or use of energy and, therefore, is not a significant 
energy action. Accordingly, DOE has not prepared a Statement of Energy 
Effects on this proposed rule.

VII. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this 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.

Signing Authority

    This document of the Department of Energy was signed on July 16, 
2020, by Daniel R. Simmons, Assistant Secretary for Energy Efficiency, 
Energy Efficiency and Renewable Energy, pursuant to delegated authority 
from the Secretary of Energy. That document with the original signature 
and date is maintained by DOE. For administrative purposes only, and in 
compliance with requirements of the Office of the Federal Register, the 
undersigned DOE Federal Register Liaison Officer has been authorized to 
sign and submit the document in electronic format for publication, as 
an official document of the Department of Energy. This administrative 
process in no way alters the legal effect of this document upon 
publication in the Federal Register.

    Signed in Washington, DC, on July 16, 2020.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
    For the reasons set forth in the preamble, DOE proposes to amend 
part 430 of chapter II, subchapter D, 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. Section 430.32 is amended by revising paragraphs (g)(4) and (h)(3) 
to read as follows:


Sec.  430.32  Energy and water conservation standards and their 
compliance dates.

* * * * *
    (g) * * *
    (4)(i) Except as provided in paragraph (g)(4)(ii) of this section, 
clothes washers manufactured on or after January 1, 2018, shall have an 
Integrated Modified Energy Factor no less than, and an Integrated Water 
Factor no greater than:

------------------------------------------------------------------------
                                            Integrated
                                             modified       Integrated
              Product class                energy factor   water factor
                                           (cu.ft./kWh/     (gal/cycle/
                                              cycle)          cu.ft.)
------------------------------------------------------------------------
i. Top-loading, Compact (less than 1.6              1.15            12.0
 ft3 capacity)..........................
ii. Top-loading, Standard (1.6 ft3 or               1.57             6.5
 greater capacity)......................
iii. Front-loading, Compact (less than              1.13             8.3
 1.6 ft3 capacity)......................
iv. Front-loading, Standard (1.6 ft3 or             1.84             4.7
 greater capacity)......................
------------------------------------------------------------------------

    (ii) Top-loading, standard clothes washers with an average cycle 
time of less than 30 minutes and front-loading, standard clothes 
washers with an average cycle time of less than 45 minutes are not 
currently subject to energy or water conservation standards.
    (h) * * *
    (3)(i) Except as provided in paragraph (h)(3)(ii) of this section, 
clothes dryers manufactured on or after January 1, 2015, shall have a 
combined energy factor no less than:

------------------------------------------------------------------------
                                                             Combined
                      Product class                        energy factor
                                                             (lbs/kWh)
------------------------------------------------------------------------
i. Vented Electric, Standard (4.4 ft3 or greater                    3.73
 capacity)..............................................
ii. Vented Electric, Compact (120V) (less than 4.4 ft3              3.61
 capacity)..............................................
iii. Vented Electric, Compact (240V) (less than 4.4 ft3             3.27
 capacity)..............................................
iv. Vented Gas..........................................            3.30
v. Ventless Electric, Compact (240V) (less than 4.4 ft3             2.55
 capacity)..............................................
vi. Ventless Electric, Combination Washer-Dryer.........            2.08
------------------------------------------------------------------------

    (ii) Vented, electric standard clothes dryers and vented gas 
clothes dryers with a cycle time of less than 30 minutes, when tested 
according to appendix D2 in subpart B of this part,

[[Page 49312]]

are not currently subject to energy conservation standards.
* * * * *
[FR Doc. 2020-15750 Filed 8-12-20; 8:45 am]
BILLING CODE 6450-01-P