[Federal Register Volume 87, Number 105 (Wednesday, June 1, 2022)]
[Rules and Regulations]
[Pages 33316-33405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10715]



[[Page 33315]]

Vol. 87

Wednesday,

No. 105

June 1, 2022

Part II





Department of Energy





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10 CFR Parts 429, 430 and 431





Energy Conservation Program: Test Procedures for Residential and 
Commercial Clothes Washers; Final Rule

  Federal Register / Vol. 87 , No. 105 / Wednesday, June 1, 2022 / 
Rules and Regulations  

[[Page 33316]]


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DEPARTMENT OF ENERGY

10 CFR Parts 429, 430 and 431

[EERE-2016-BT-TP-0011]
RIN 1904-AD95


Energy Conservation Program: Test Procedures for Residential and 
Commercial Clothes Washers

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

ACTION: Final rule.

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SUMMARY: This final rule amends the U.S. Department of Energy's 
(``DOE'') test procedures for residential and commercial clothes 
washers to further specify test conditions, instrument specifications, 
and test settings; address large clothes container capacities; add 
product-specific enforcement provisions; delete obsolete provisions; 
and consolidate all test cloth-related provisions and codify additional 
test cloth material verification procedures used by industry. This 
final rule also establishes a new test procedure for residential and 
commercial clothes washers with additional modifications for certain 
test conditions, measurement of average cycle time, required test 
cycles, tested load sizes, semi-automatic clothes washer provisions, 
new performance metrics, and updated usage factors. The new test 
procedure will be used for the evaluation and issuance of updated 
efficiency standards, as well as to determine compliance with the 
updated standards, should such standards be established.

DATES: The effective date of this rule is July 1, 2022. The amendments 
will be mandatory for product testing starting November 28, 2022. 
Manufacturers will be required to use the amended test procedure until 
the compliance date of any final rule establishing amended energy 
conservation standards based on the newly established test procedure. 
At such time, manufacturers will be required to begin using the newly 
established test procedure.
    The incorporation by reference of certain materials listed in this 
rule is approved by the Director of the Federal Register on July 1, 
2022.

ADDRESSES: The docket, which includes Federal Register notices, public 
meeting attendee lists and transcripts, comments, and other supporting 
documents/materials, is available for review at www.regulations.gov. 
All documents in the docket are listed in the www.regulations.gov 
index. However, some documents listed in the index, such as those 
containing information that is exempt from public disclosure, may not 
be publicly available.
    A link to the docket web page can be found at www.regulations.gov/docket/EERE2016-BT-TP-0011. The docket web page contains instructions 
on how to access all documents, including public comments, in the 
docket.
    For further information on how to review the docket contact the 
Appliance and Equipment Standards Program staff at (202) 287-1445 or by 
email: [email protected].

FOR FURTHER INFORMATION CONTACT: 
    Mr. Bryan Berringer, U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Building Technologies Office, EE-5B, 
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: 
(202) 586-0371. Email: [email protected].
    Ms. Kathryn McIntosh, U.S. Department of Energy, Office of the 
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC, 
20585-0121. Telephone: (202) 586-2002. Email: 
[email protected].

SUPPLEMENTARY INFORMATION: DOE incorporates by reference the following 
standards into part 430.
    American Association of Textile Chemists and Colorists (``AATCC'') 
Test Method 79-2010, ``Absorbency of Textiles,'' Revised 2010.
    AATCC Test Method 118-2007, ``Oil Repellency: Hydrocarbon 
Resistance Test,'' Revised 2007.
    AATCC Test Method 135-2010, ``Dimensional Changes of Fabrics after 
Home Laundering,'' Revised 2010.
    Copies of AATCC test methods can be obtained from AATCC, P.O. Box 
12215, Research Triangle Park, NC 27709, (919) 549-3526, or by going to 
www.aatcc.org.
    International Electrotechnical Commission (``IEC'') 62301, 
``Household electrical appliances--Measurement of standby power,'' 
(Edition 2.0, 2011-01).
    Copies of IEC 62301 are available from the American National 
Standards Institute, 25 W. 43rd Street, 4th Floor, New York, NY 10036, 
(212) 642-4900, or by going to webstore.ansi.org.
    For a further discussion of these standards, see section IV.N of 
this document.

Table of Contents

I. Authority and Background
    A. Authority
    B. Background
II. Synopsis of the Final Rule
III. Discussion
    A. General Comments
    B. Scope of Applicability
    C. Testing Conditions and Instrumentation
    1. Water Meter Resolution
    2. Installation of Single-Inlet Machines
    3. Water Supply Temperatures
    4. Extra-Hot Wash Determination
    5. Wash Water Temperature Measurement
    6. Pre-Conditioning Requirements
    D. Cycle Selection and Test Conduct
    1. Tested Load Sizes
    2. Water Fill Setting Selections for the Proposed Load Sizes
    3. Determination of Warm Wash Tested Settings
    4. Remaining Moisture Content
    5. Cycle Time
    6. Capacity Measurement
    7. Identifying and Addressing Anomalous Cycles
    8. Semi-Automatic Clothes Washers
    9. Optional Cycle Modifiers
    10. Clothes Washers With Connected Functionality
    E. Metrics
    1. Replacing Capacity with Weighted-Average Load Size
    2. Inverting the Water Metric
    3. Representation Requirements
    F. Cleaning Performance
    G. Consumer Usage Assumptions
    1. Annual Number of Wash Cycles
    2. Drying Energy Assumptions
    3. Low-Power Mode Assumptions
    4. Temperature Usage Factors
    5. Load Usage Factors
    6. Water Heater Assumptions
    7. Commercial Clothes Washer Usage
    H. Clarifications
    1. Water Inlet Hose Length
    2. Water Fill Selection Availability
    3. Water Fill Control Systems
    4. Energy Test Cycle Flowcharts
    5. Wash Time Setting
    6. Annual Operating Cost Calculation
    7. Structure of the New Appendix J
    8. Proposed Deletions and Simplifications
    9. Typographical Errors
    10. Symbology
    I. Test Cloth Provisions
    1. Test Cloth Specification
    2. Consolidation to Appendix J3
    J. Product-Specific RMC Enforcement Provisions
    K. Test Procedure Costs, Harmonization
    1. Test Procedure Costs and Impact
    2. Harmonization With Industry Standards
    L. Effective and Compliance Dates
IV. Procedural Issues and Regulatory Review
    A. Review Under Executive Order 12866 and 13563
    B. Review Under the Regulatory Flexibility Act
    C. Review Under the Paperwork Reduction Act of 1995
    D. Review Under the National Environmental Policy Act of 1969
    E. Review Under Executive Order 13132
    F. Review Under Executive Order 12988
    G. Review Under the Unfunded Mandates Reform Act of 1995
    H. Review Under the Treasury and General Government 
Appropriations Act, 1999
    I. Review Under Executive Order 12630
    J. Review Under Treasury and General Government Appropriations 
Act, 2001

[[Page 33317]]

    K. Review Under Executive Order 13211
    L. Review Under Section 32 of the Federal Energy Administration 
Act of 1974
    M. Congressional Notification
    N. Description of Materials Incorporated by Reference
V. Approval of the Office of the Secretary

I. Authority and Background

    Consumer (residential) clothes washers (``RCWs'') are included in 
the list of ``covered products'' for which DOE is authorized to 
establish and amend energy conservation standards and test procedures. 
(42 U.S.C. 6292(a)(7)) DOE's test procedures for RCWs are currently 
prescribed at title 10 of the Code of Federal Regulations (``CFR'') 
part 430 Section 23(j), and subpart B appendices J1 (``appendix J1'') 
and J2 (``appendix J2''). DOE also prescribes a test method for 
measuring the moisture absorption and retention characteristics of new 
lots of energy test cloth, which is used in testing clothes washers, at 
appendix J3 to subpart B (``appendix J3''). Commercial clothes washers 
(``CCWs'') are included in the list of ``covered equipment'' for which 
DOE is authorized to establish and amend energy conservation standards 
and test procedures. (42 U.S.C. 6311(1)(H)) The test procedures for 
CCWs must be the same as those established for RCWs. (42 U.S.C. 
6314(a)(8)) The following sections discuss DOE's authority to establish 
test procedures for RCWs and CCWs and relevant background information 
regarding DOE's consideration of test procedures for these products and 
equipment.

A. Authority

    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 \2\ of EPCA established the Energy Conservation 
Program for Consumer Products Other Than Automobiles, which sets forth 
a variety of provisions designed to improve energy efficiency. These 
products include RCWs. (42 U.S.C. 6292(a)(7)) Title III, Part C \3\ of 
EPCA, added by Public Law 95-619, Title IV, section 441(a), established 
the Energy Conservation Program for Certain Industrial Equipment. This 
equipment includes CCWs. (42 U.S.C. 6311(1)(H)) Both RCWs and CCWs are 
the subject of this document.
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    \1\ All references to EPCA in this document refer to the statute 
as amended through the Energy Act of 2020, Public Law 116-260 (Dec. 
27, 2020), which reflect the last statutory amendments that impact 
Parts A and A-1 of EPCA.
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated Part A.
    \3\ For editorial reasons, upon codification in the U.S. Code, 
Part C was redesignated Part A-1.
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    The energy conservation program under EPCA consists essentially of 
four parts: (1) Testing, (2) labeling, (3) Federal energy conservation 
standards, and (4) certification and enforcement procedures. Relevant 
provisions of EPCA specifically include definitions (42 U.S.C. 6291; 42 
U.S.C. 6311), test procedures (42 U.S.C. 6293; 42 U.S.C. 6314), 
labeling provisions (42 U.S.C. 6294; 42 U.S.C. 6315), energy 
conservation standards (42 U.S.C. 6295; 42 U.S.C. 6313), and the 
authority to require information and reports from manufacturers (42 
U.S.C. 6296; 42 U.S.C. 6316).
    The Federal testing requirements consist of test procedures that 
manufacturers of covered products must use as the basis for (1) 
certifying to DOE that their products comply with the applicable energy 
conservation standards adopted under EPCA (42 U.S.C. 6295(s); 42 U.S.C. 
6316(a)), and (2) making other representations about the efficiency of 
those products (42 U.S.C. 6293(c); 42 U.S.C. 6314(d)). Similarly, DOE 
must use these test procedures to determine whether the products comply 
with any relevant standards promulgated under EPCA. (42 U.S.C. 6295(s); 
42 U.S.C. 6316(a))
    Federal energy efficiency requirements for covered products and 
equipment established under EPCA generally supersede State laws and 
regulations concerning energy conservation testing, labeling, and 
standards. (42 U.S.C. 6297; 42 U.S.C. 6316(a) and (b)) DOE may, 
however, grant waivers of Federal preemption for particular State laws 
or regulations, in accordance with the procedures and other provisions 
of EPCA. (42 U.S.C. 6297(d); 42 U.S.C. 6316(b)(2)(D))
    Under 42 U.S.C. 6293 and 42 U.S.C. 6314, EPCA sets forth the 
criteria and procedures DOE must follow when prescribing or amending 
test procedures for covered products and equipment, respectively. EPCA 
requires that any test procedures prescribed or amended under this 
section shall be reasonably designed to produce test results which 
measure energy efficiency, energy use or estimated annual operating 
cost of a covered product or equipment during a representative average 
use cycle (as determined by the Secretary) or period of use and shall 
not be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3); 42 U.S.C. 
6314(a)(2))
    In addition, EPCA requires that DOE amend its test procedures for 
all covered products to integrate measures of standby mode and off mode 
energy consumption into the overall energy efficiency, energy 
consumption, or other energy descriptor, unless the current test 
procedure already incorporates the standby mode and off mode energy 
consumption, or if such integration is technically infeasible. (42 
U.S.C. 6295(gg)(2)(A)) \4\ If an integrated test procedure is 
technically infeasible, DOE must prescribe separate standby mode and 
off mode energy use test procedures for the covered product, if a 
separate test is technically feasible. (42 U.S.C. 6295(gg)(2)(A)(ii)) 
Any such amendment must consider the most current versions of the 
International Electrotechnical Commission (``IEC'') Standard 62301 \5\ 
and IEC Standard 62087 \6\ as applicable. (42 U.S.C. 6295(gg)(2)(A))
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    \4\ EPCA does not contain an analogous provision for commercial 
equipment.
    \5\ IEC 62301, Household electrical appliances--Measurement of 
standby power (Edition 2.0, 2011-01).
    \6\ IEC 62087, Audio, video and related equipment--Methods of 
measurement for power consumption (Edition 1.0, Parts 1-6: 2015, 
Part 7: 2018).
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    EPCA also requires that, at least once every 7 years, DOE evaluate 
test procedures for each type of covered product, including RCWs, to 
determine whether amended test procedures would more accurately or 
fully comply with the requirements for the test procedures to not be 
unduly burdensome to conduct and be reasonably designed to produce test 
results that reflect energy efficiency, energy use, and estimated 
operating costs during a representative average use cycle or period of 
use. (42 U.S.C. 6293(b)(1)(A))
    If the Secretary determines, on her own behalf or in response to a 
petition by any interested person, that a test procedure should be 
prescribed or amended, the Secretary shall promptly publish in the 
Federal Register proposed test procedures and afford interested persons 
an opportunity to present oral and written data, views, and arguments 
with respect to such procedures. The comment period on a proposed rule 
to amend a test procedure shall be at least 60 days and may not exceed 
270 days. In prescribing or amending a test procedure, the Secretary 
shall take into account such information as the Secretary determines 
relevant to such procedure, including technological developments 
relating to energy use or energy efficiency of the type (or class) of 
covered products involved. (42 U.S.C. 6293(b)(2)). If DOE determines 
that test procedure revisions are not appropriate, DOE must publish its 
determination not to amend the test procedures.

[[Page 33318]]

    EPCA requires the test procedures for CCWs to be the same as the 
test procedures established for RCWs. (42 U.S.C. 6314(a)(8)) As with 
the test procedures for RCWs, EPCA requires that DOE evaluate, at least 
once every 7 years, the test procedures for CCWs to determine whether 
amended test procedures would more accurately or fully comply with the 
requirements for the test procedures to not be unduly burdensome to 
conduct and be reasonably designed to produce test results that reflect 
energy efficiency, energy use, and estimated operating costs during a 
representative average use cycle. (42 U.S.C. 6314(a)(1))
    DOE is publishing this final rule in satisfaction of the 7-year 
review requirement specified in EPCA. (42 U.S.C. 6293(b)(1)(A); 42 
U.S.C. 6314(a)(1))

B. Background

    As discussed, DOE's existing test procedures for clothes washers 
appear in appendix J1, appendix J2, and appendix J3.
    DOE originally established its clothes washer test procedure, 
codified at 10 CFR part 430, subpart B, appendix J (``appendix J''), in 
a final rule published Sept. 28, 1977. 42 FR 49802 (``September 1977 
Final Rule''). Since that time, the test procedure has undergone 
several amendments that are relevant to this rulemaking, summarized as 
follows and described in additional detail in a notice of proposed 
rulemaking (``NOPR'') that DOE published on September 1, 2021. 86 FR 
49140 (``September 2021 NOPR'').
    DOE amended appendix J in August 1997 (62 FR 45484 (Aug. 27, 1997); 
(``August 1997 Final Rule'') and January 2001 (66 FR 3313 (Jan. 12, 
2001); ``January 2001 Final Rule''). The August 1997 Final Rule also 
established an appendix J1. 62 FR 45484. DOE amended appendix J1 in the 
January 2001 Final Rule (66 FR 3313) and in March 2012. 77 FR 13888 
(Mar. 7, 2012) (``March 2012 Final Rule''). The March 2012 Final Rule 
also established a new test procedure at appendix J2 and removed the 
obsolete appendix J.\7\ Id.
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    \7\ In that rulemaking, DOE also adopted procedures to measure 
standby mode and off mode energy consumption into the energy 
efficiency metrics in the then-newly created appendix J2. 
Manufacturers were not required to incorporate those changes until 
the compliance date of an amended standard. 77 FR 13888, 13932. 
Amended standards were then adopted through a direct final rule that 
required the use of appendix J2 for RCWs manufactured on or after 
the 2015 compliance date. 77 FR 32308, 32313 (May 31, 2012). The 
appendix J follows a similar approach because manufacturers would 
not be required to incorporate the amendments proposed in appendix J 
until the compliance date of an amended standard.
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    DOE most recently amended both appendix J1 and appendix J2 in a 
final rule published on August 5, 2015. 80 FR 46729 (``August 2015 
Final Rule''). The August 2015 Final Rule also moved the test cloth 
qualification procedures from appendix J1 and appendix J2 to the newly 
created appendix J3. 80 FR 46729, 46735. The current version of the 
test procedure at appendix J2 includes provisions for determining 
modified energy factor (``MEFJ2'') \8\ and integrated 
modified energy factor (``IMEF'') in cubic feet per kilowatt-hour per 
cycle (``ft\3\/kWh/cycle''); and water factor (``WF'') and integrated 
water factor (``IWF'') in gallons per cycle per cubic feet (``gal/
cycle/ft\3\''). RCWs manufactured on or after January 1, 2018, must 
meet current energy conservation standards, which are based on IMEF and 
IWF, determined using appendix J2. 10 CFR 430.32(g)(4); 10 CFR 
430.23(j)(2)(ii) and (4)(ii). CCWs manufactured on or after January 1, 
2018, must meet current energy conservation standards, which are based 
on MEFJ2 and IWF, determined using appendix J2. 10 CFR 
431.154 and 10 CFR 431.156(b).
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    \8\ The current appendix J2 test procedure defines modified 
energy factor as ``MEF'' (i.e., without the ``J2'' subscript). In 
the CCW test procedure regulations at 10 CFR 431.152, DOE defines 
the term ``MEFJ2'' to mean modified energy factor as 
determined in section 4.5 of appendix J2. As discussed in a CCW test 
procedure final rule published December 3, 2014, since the 
calculated value of modified energy factor in appendix J2 is not 
equivalent to the calculated value of modified energy factor in 
appendix J1, DOE added the ``J2'' subscript to the appendix J2 MEF 
descriptor to avoid any potential ambiguity that would result from 
using the same energy descriptor for both test procedures. 79 FR 
71624, 71626. To maintain consistency with this approach, this final 
rule adds the ``J2'' subscript to the MEF metric defined in section 
4.5 of appendix J2. See section III.H.10 of this document.
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    On May 22, 2020, DOE published a request for information (``RFI'') 
(``May 2020 RFI'') to initiate an effort to determine whether to amend 
the current test procedures for clothes washers. 85 FR 31065. In the 
September 2021 NOPR, DOE responded to stakeholders' comments on the May 
2020 RFI, and proposed amendments to appendix J2 and appendix J3 as 
well as to establish a new test procedure at 10 CFR part 430, subpart 
B, appendix J (``appendix J'') that would establish new energy 
efficiency metrics: The energy efficiency ratio (``EER'') as the energy 
efficiency metric for RCWs (replacing IMEF); active-mode energy 
efficiency ratio (``AEER'') as the energy efficiency metric for CCWs 
(replacing MEFJ2); and the water efficiency ratio (``WER'') 
as the water efficiency metric for both RCWs and CCWs (replacing IWF); 
as well as incorporate a number of revisions to improve test procedure 
representativeness and reduce test burden. 86 FR 49140.
    On December 16, 2020, DOE established separate product classes for 
top-loading RCWs with a cycle time of less than 30 minutes and for 
front-loading RCWs with a cycle time of less than 45 minutes. 85 FR 
81359 (``December 2020 Final Rule''). DOE re-evaluated the new short-
cycle product classes in response to Executive Order 13900, 
``Protecting Public Health and the Environment and Restoring Science to 
Tackle the Climate Crisis.'' 86 FR 7037 (Jan. 25, 2021). In addition, 
stakeholders and interested parties filed multiple lawsuits challenging 
the December 2020 Final Rule, and DOE received several petitions for 
reconsideration of the December 2020 Final Rule. Following the re-
evaluation of the December 2020 Final Rule, DOE published a NOPR on 
August 11, 2021, that proposed to repeal the short-cycle product 
classes. 86 FR 43970. DOE repealed the short-cycle product classes in a 
final rule published on January 19, 2022. 87 FR 2673.
    The comment period of the September 2021 NOPR was initially set to 
close on November 1, 2021. 86 FR 49140. In response to a stakeholder 
request,\9\ on October 28, 2021, DOE published a notice (``October 2021 
Notice'') extending the comment period until November 29, 2021. 86 FR 
59652.
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    \9\ Request from Association of Home Appliance Manufacturers 
(EERE-2016-BT-TP-0011-0020) available at www.regulations.gov/comment/EERE-2016-BT-TP-0011-0020.
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    DOE received comments in response to the September 2021 NOPR from 
the interested parties listed in Table I.1.

  Table I.1--List of Commenters With Written Submissions in Response to
                           September 2021 NOPR
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                                   Reference in this
          Commenter(s)                final rule        Commenter type
------------------------------------------------------------------------
Anonymous.......................  Anonymous.........  Individual.
John Oeisratnas.................  Oeisratnas........  Individual.
Kenneth Warren..................  Warren............  Individual.

[[Page 33319]]

 
Micah Mutrux....................  Mutrux............  Individual.
Appliance Standards Awareness     Joint Efficiency    Efficiency
 Project, American Council for     Advocates.          Organizations.
 an Energy-Efficient Economy,
 Consumer Federation of America,
 and Natural Resources Defense
 Council.
Ameren, ComEd, and Northwest      Joint Commenters..  Efficiency
 Energy Efficiency Alliance.                           Organization &
                                                       Utilities.
Association of Home Appliance     AHAM..............  Trade Association.
 Manufacturers.
GE Appliances...................  GEA...............  Manufacturer.
Pacific Gas and Electric          CA IOUs...........  Utilities.
 Company, Sempra Energy,
 Southern California Edison
 (collectively, the California
 Investor-Owned Utilities).
People's Republic of China......  P.R. China........  Nation.
Samsung Electronics America.....  Samsung...........  Manufacturer.
Whirlpool Corporation...........  Whirlpool.........  Manufacturer.
------------------------------------------------------------------------

    Whirlpool commented that it supports AHAM's comments on the 
September 2021 NOPR. (Whirlpool, No. 26 at p. 2) GEA also commented 
that it supports AHAM's comments on the September 2021 NOPR, and 
incorporated AHAM's comments by reference. (GEA, No. 32 at p. 2)
    A parenthetical reference at the end of a comment quotation or 
paraphrase provides the location of the item in the public record.\10\
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    \10\ The parenthetical reference provides a reference for 
information located in the docket of DOE's rulemaking to develop 
test procedures for RCWs and CCWs. (Docket No. EERE-2016-BT-TP-0011, 
which is maintained at www.regulations.gov). The references are 
arranged as follows: (Commenter name, comment docket ID number, page 
of that document).
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II. Synopsis of the Final Rule

    In this final rule, DOE amends appendix J2 as follows:
    (1) Further specify supply water temperature test conditions and 
water meter resolution requirements;
    (2) Add specifications for measuring wash water temperature using 
submersible data loggers;
    (3) Expand the load size table to accommodate clothes container 
capacities up to 8.0 cubic feet (``ft\3\'');
    (4) Define ``user-adjustable adaptive water fill control;''
    (5) Specify the applicability of the wash time setting for clothes 
washers with a range of wash time settings;
    (6) Specify how the energy test cycle flow charts apply to clothes 
washers that internally generate hot water;
    (7) Specify that the energy test cycle flow charts are to be 
evaluated using the Maximum load size;
    (8) Specify that testing is to be conducted with any network 
settings disabled if instructions are available to the user to disable 
these functions;
    (9) Further specify the conditions under which data from a test 
cycle would be discarded;
    (10) Add product-specific enforcement provisions to accommodate the 
potential for test cloth lot-to-lot variation in remaining moisture 
content (``RMC'');
    (11) Delete or correct obsolete definitions, metrics, and the 
clothes washer-specific waiver section; and
    (12) Move additional test cloth related specifications to appendix 
J3.
    In this final rule, DOE also updates 10 CFR part 430, subpart B, 
appendix J3, ``Uniform Test Method for Measuring the Moisture 
Absorption and Retention Characteristics,'' as follows:
    (1) Consolidate all test cloth-related provisions, including those 
moved from appendix J2;
    (2) Reorganize sections for improved readability; and
    (3) Codify the test cloth material verification procedure as used 
by industry.
    In this final rule, DOE also adds appendix J to 10 CFR part 430, 
subpart B, ``Uniform Test Method for Measuring the Energy Consumption 
of Automatic and Semi-Automatic Clothes Washers,'' which will be used 
for the evaluation and issuance of any updated efficiency standards, as 
well as to determine compliance with the updated standards, should DOE 
determine that amended standards are warranted based on the criteria 
established by EPCA.\11\ The new appendix J will include the following 
additional provisions beyond the amendments to appendix J2:
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    \11\ Information regarding the ongoing RCW and CCW energy 
conservation standards rulemakings can be found at docket numbers 
EERE-2017-BT-STD-0014 and EERE-2019-BT-STD-0044, respectively.
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    (1) Modify the hot water supply temperature range;
    (2) Modify the clothes washer pre-conditioning requirements;
    (3) Modify the Extra-Hot Wash threshold temperature;
    (4) Add measurement and calculation of average cycle time;
    (5) Reduce the number of required test cycles by requiring the use 
of no more than two Warm Wash/Cold Rinse cycles, and no more than two 
Warm Wash/Warm Rinse cycles;
    (6) Reduce the number of required test cycles by removing the need 
for one or more cycles used for measuring RMC;
    (7) Reduce the number of load sizes from three to two for units 
currently tested with three load sizes;
    (8) Modify the load size definitions consistent with two, rather 
than three, load sizes;
    (9) Update the water fill levels to be used for testing to reflect 
the modified load size definitions;
    (10) Specify the installation of single-inlet clothes washers, and 
simplify the test procedure for semi-automatic clothes washers;
    (11) Define new performance metrics that are based on the weighted-
average load size rather than clothes container capacity: ``energy 
efficiency ratio,'' ``active-mode energy efficiency ratio,'' and 
``water efficiency ratio;''
    (12) Update the final moisture content assumption in the drying 
energy formula;
    (13) Update the number of annual clothes washer cycles from 295 to 
234; and
    (14) Update the number of hours assigned to low-power mode to be 
based on the clothes washer's measured cycle time rather than an 
assumed fixed value.
    Finally, in this final rule, DOE is removing appendix J1 and 
updating the relevant sections of 10 CFR parts 429, 430 and 431 in 
accordance with the edits discussed previously, and modifying the 
product-specific enforcement provisions regarding the determination of 
RMC.
    The adopted amendments are summarized in Table II.1 compared to the 
test procedure provision prior to the

[[Page 33320]]

amendment, as well as the reason for the adopted change.

      Table II.1--Summary of Changes in Appendix J2 Test Procedure
------------------------------------------------------------------------
    Current Appendix J2 test       Amended Appendix
            procedure              J2 test procedure      Attribution
------------------------------------------------------------------------
Specifies a water meter           Requires a water    Improve
 resolution of no larger than      meter with a        representativenes
 0.1 gallons.                      resolution no       s of test
                                   larger than 0.01    results.
                                   gallons if the
                                   hot water use is
                                   less than 0.1
                                   gallons.
Specifies a target water supply   Specifies the       Reduce test
 temperature at the high end of    midpoint of the     burden.
 the water supply temperature      allowable range
 range.                            as the target
                                   water temperature.
Specifically allows the use of    Adds specification  Reduce test
 temperature indicating labels     for using a         burden.
 for measuring wash water          submersible
 temperature.                      temperature
                                   logger to measure
                                   wash water
                                   temperature.
Specifies the test load sizes     Specifies the test  Response to
 for clothes container             load sizes for      waiver.
 capacities up to 6.0 ft\3\.       clothes container
                                   capacities up to
                                   8.0 ft\3\.
Provides product-specific         Provides            Accommodate
 enforcement provisions to         additional          potential source
 address anomalous RMC results     product-specific    of variation in
 that are not representative of    enforcement         enforcement
 a basic model's performance.      provisions to       testing.
                                   accommodate
                                   differences in
                                   RMC values that
                                   may result from
                                   DOE using a
                                   different test
                                   cloth lot than
                                   was used by the
                                   manufacturer for
                                   testing and
                                   certifying the
                                   basic model.
Specifies discarding data from a  Specifies           Response to test
 wash cycle that provides a        discarding the      laboratory
 visual or audio indicator to      test data if        question.
 alert the user that an out-of-    during a wash
 balance condition has been        cycle the clothes
 detected, or that terminates      washer signals
 prematurely if an out-of-         the user by means
 balance condition is detected.    of a visual or
                                   audio alert that
                                   an out-of-balance
                                   condition has
                                   been detected or
                                   terminates
                                   prematurely.
Does not explicitly address the   Specifies that      Improve
 required configuration for        clothes washers     reproducibility
 network-connected functionality.  with connected      of test results.
                                   functionality
                                   shall be tested
                                   with the network-
                                   connected
                                   functions
                                   disabled if such
                                   settings can be
                                   disabled by the
                                   end-user, and the
                                   product's user
                                   manual provides
                                   instructions on
                                   how to do so.
Does not provide an explicit      Provides a          Improve
 definition for ``user-            definition for      readability.
 adjustable adaptive water fill    ``user-adjustable
 controls'' or ``wash time''.      adaptive water
                                   fill controls''
                                   and for ``wash
                                   time''.
Specifies that user-adjustable    Changes the         Response to test
 automatic clothes washers must    wording to          laboratory
 be tested with the water fill     specify selecting   question.
 setting in the most or least      the setting based
 energy-intensive setting          on the most, or
 without defining energy-          least, amount of
 intensive.                        water used.
Does not specify on which load    Specifies           Response to test
 size to evaluate the energy       evaluating the      laboratory
 test cycle flow charts.           flow charts using   question, improve
                                   the maximum load    reproducibility
                                   size.               of test results.
Does not explicitly address how   Explicitly          Response to test
 to evaluate the Cold/Cold         addresses clothes   laboratory
 energy test cycle flow chart      washers that        question.
 for clothes washers that          internally
 internally generate hot water.    generate hot
                                   water.
Does not provide direction for    Clarifies how to    Improve
 all control panel styles on       test cycles with    readability.
 clothes washers that offer a      a range of wash
 range of wash time settings.      time settings.
Includes test cloth verification  Moves all test      Improve
 specifications in appendix J2.    cloth related       readability.
                                   provisions to
                                   appendix J3.
Contains obsolete provisions....  Updates or deletes  Improve
                                   obsolete            readability.
                                   provisions,
                                   including
                                   appendix J1 in
                                   its entirety.
------------------------------------------------------------------------


     Table II.2--Summary of Changes in Appendix J Test Procedure in
                        Comparison to Appendix J2
------------------------------------------------------------------------
    Current Appendix J2 test        New Appendix J
            procedure               test procedure        Attribution
------------------------------------------------------------------------
Specifies a water meter           Requires a water    Improve
 resolution of no larger than      meter with a        representativenes
 0.1 gallons.                      resolution no       s of test
                                   larger than 0.01    results.
                                   gallons if the
                                   hot water use is
                                   less than 0.1
                                   gallons.
Does not specify how to install   Specifies           Provide further
 clothes washers with a single     installing          direction for
 inlet.                            clothes washers     unaddressed
                                   with a single       feature.
                                   inlet to the cold
                                   water inlet.
Specifies a hot water supply      Specifies a hot     Improve
 temperature of 130-135 [deg]F.    water supply        representativenes
                                   temperature of      s of test
                                   120-125 [deg]F.     results.
Defines the Extra-Hot Wash        Specifies an Extra- Improve
 threshold as 135 [deg]F.          Hot Wash            representativenes
                                   threshold of 140    s of test results
                                   [deg]F.             and reduce test
                                                       burden.
Specifies a target water supply   Specifies the       Reduce test
 temperature at the high end of    midpoint of the     burden.
 the water supply temperature      allowable range
 range.                            as the target
                                   water temperature.
Specifically allows the use of    Adds specification  Reduce test
 temperature indicating labels     for using a         burden.
 for measuring wash water          submersible
 temperature.                      temperature
                                   logger to measure
                                   wash water
                                   temperature.
Specifies different pre-          Requires the same   Improve
 conditioning requirements for     pre-conditioning    reproducibility
 water-heating and non-water-      requirements for    of test results.
 heating clothes washers.          all clothes
                                   washers.
Specifies the test load sizes     Specifies the test  Response to
 for clothes container             load sizes for      waiver.
 capacities up to 6.0 ft\3\.       clothes container
                                   capacities up to
                                   8.0 ft\3\.
Requires 3 tested load sizes on   Reduces the number  Reduce test
 clothes washers with automatic    of load sizes to    burden.
 water fill control systems.       test to 2, and
                                   specifies new
                                   load sizes.

[[Page 33321]]

 
Defines load sizes for each 0.1   Redefines load      Maintain
 ft\3\ increment in clothes        sizes for each      representativenes
 container capacity.               increment in        s.
                                   clothes container
                                   capacity,
                                   consistent with
                                   reduction from 3
                                   to 2 load sizes.
Defines water fill levels to use  Changes the water   Maintain
 with each tested load sizes on    fill levels         representativenes
 clothes washers with manual       consistent with     s.
 water fill control systems.       the updated load
                                   sizes.
Requires testing up to 3 Warm     Requires testing a  Reduce test
 Wash temperature selections.      maximum of 2 Warm   burden.
                                   Wash temperature
                                   selections.
Specifies that the RMC is to be   Specifies that the  Reduce test
 measured on separate cycle(s)     RMC is to be        burden, improve
 from the energy test cycle.       measured on all     representativenes
                                   energy test         s of test
                                   cycles.             results.
Provides product-specific         Provides            Accommodate
 enforcement provisions to         additional          potential source
 address anomalous RMC results     product-specific    of variation in
 that are not representative of    enforcement         enforcement
 a basic model's performance.      provisions to       testing.
                                   accommodate
                                   differences in
                                   RMC values that
                                   may result from
                                   DOE using a
                                   different test
                                   cloth lot than
                                   was used by the
                                   manufacturer for
                                   testing and
                                   certifying the
                                   basic model.
Does not specify a measure of     Specifies           Improve
 cycle time.                       provisions for      representativenes
                                   measuring cycle     s of test
                                   time.               results.
Specifies discarding data from a  Specifies           Response to test
 wash cycle that provides a        discarding the      laboratory
 visual or audio indicator to      test data if        question.
 alert the user that an out-of-    during a wash
 balance condition has been        cycle the clothes
 detected, or that terminates      washer signals
 prematurely if an out-of-         the user by means
 balance condition is detected.    of a visual or
                                   audio alert that
                                   an out-of-balance
                                   condition has
                                   been detected or
                                   terminates
                                   prematurely.
Does not explicitly state how to  Provides explicit   Provide further
 test semi-automatic clothes       test provisions     direction for
 washers.                          for testing semi-   unaddressed
                                   automatic clothes   feature.
                                   washers.
Does not explicitly address the   Specifies that      Improve
 required configuration for        clothes washers     reproducibility
 network-connected functionality.  with connected      of test results.
                                   functionality
                                   shall be tested
                                   with the network-
                                   connected
                                   functions
                                   disabled if such
                                   settings can be
                                   disabled by the
                                   end-user, and the
                                   product's user
                                   manual provides
                                   instructions on
                                   how to do so.
Defines metrics that are based    Specifies new       Improve
 on clothes container capacity     metrics that are    representativenes
 (IMEF, MEFJ2, IWF).               based on the        s of test
                                   weighted-average    results.
                                   load size (EER,
                                   AEER, WER).
Calculates the energy required    Updates the         Improve
 for a clothes dryer to remove     assumed final       representativenes
 the remaining moisture of the     moisture content    s of test
 test load assuming a final        to 2 percent.       results.
 moisture content of 4 percent.
Estimates the number of annual    Updates the         Update with more
 use cycles for clothes washers    estimate to 234     recent consumer
 as 295, based on the 2005         cycles per year,    usage data.
 Residential Energy Consumption    based on the
 Survey (``RECS'') data.           latest available
                                   2015 RECS data.
Estimates the number of hours     Calculates the      Improve
 spent in low-power mode as        number of hours     representativenes
 8,465, based on 295 cycles per    spent in low-       s of test
 year and an assumed 1-hour        power mode for      results.
 cycle time.                       each clothes
                                   washer based on
                                   234 cycles per
                                   year and measured
                                   cycle time.
Does not specify how to test a    Specifies using a   Response to test
 clothes washer that does not      water inlet hose    laboratory
 provide water inlet hoses.        length of no more   question.
                                   than 72 inches.
Does not provide an explicit      Provides a          Improve
 definition for ``user-            definition for      readability.
 adjustable adaptive water fill    ``user-adjustable
 controls'' or ``wash time''.      adaptive water
                                   fill controls''
                                   and for ``wash
                                   time''.
Categorizes water fill control    Categorizes water   Improve
 systems into automatic fill or    fill control        readability.
 manual fill categories.           systems based on
                                   how the user
                                   interacts with
                                   the controls and
                                   whether the water
                                   fill level is
                                   based on the size
                                   or weight of the
                                   clothing load.
Specifies that user-adjustable    Changes the         Response to test
 automatic clothes washers must    wording to          laboratory
 be tested with the water fill     specify selecting   question.
 setting in the most or least      the setting based
 energy-intensive setting          on the most, or
 without defining energy-          least, amount of
 intensive.                        water used.
Does not specify on which load    Specifies           Response to test
 size to evaluate the energy       evaluating the      laboratory
 test cycle flow charts.           flow charts using   question, improve
                                   the large load      reproducibility
                                   size.               of test results.
Does not explicitly address how   Explicitly          Response to test
 to evaluate the Cold/Cold         addresses clothes   laboratory
 energy test cycle flow chart      washers that        question.
 for clothes washers that          internally
 internally generate hot water.    generate hot
                                   water.
Does not provide direction for    Clarifies how to    Improve
 all control panel styles on       test cycles with    readability.
 clothes washers that offer a      a range of wash
 range of wash time settings.      time settings.
------------------------------------------------------------------------


      Table II.3--Summary of Changes in Appendix J3 Test Procedure
------------------------------------------------------------------------
    Current Appendix J3 test       Amended Appendix
            procedure              J3 test procedure      Attribution
------------------------------------------------------------------------
Includes test cloth verification  Moves all test      Improve
 specifications in appendix J2.    cloth related       readability.
                                   provisions to
                                   appendix J3.

[[Page 33322]]

 
Does not include all aspects of   Codifies            Codify industry
 test cloth verification           additional test     practice.
 procedures performed by           cloth
 industry.                         verification
                                   procedures
                                   performed by
                                   industry, in
                                   appendix J3.
------------------------------------------------------------------------

    DOE has determined that the amendments to appendix J2 and appendix 
J3 described in section III of this document and adopted in this 
document will not alter the measured efficiency of clothes washers or 
require retesting or recertification solely as a result of DOE's 
adoption of the amendments to the test procedures, and that the 
proposed test procedures would not be unduly burdensome to conduct.
    DOE has determined that the amendments in the new appendix J would 
alter the measured efficiency of clothes washers, in part because the 
amended test procedure adopts a different energy efficiency metric and 
water efficiency metric than in the current test procedures. However, 
use of new appendix J is not required until the compliance date of any 
standards amended based on the test procedure in appendix J, should 
such amendments be adopted. Discussion of DOE's actions are addressed 
in detail in section III of this document.
    The effective date for the amendments adopted in this final rule is 
30 days after publication of this document in the Federal Register. 
Representations of energy use or energy efficiency must be based on 
testing in accordance with the amended appendix J2 test procedures 
beginning 180 days after the publication of this final rule. 
Manufacturers will be required to certify compliance using the new 
appendix J test procedure beginning on the compliance date of any final 
rule establishing amended energy conservation standards for clothes 
washers that are published after the effective date of this final rule.

III. Discussion

    In the following sections, DOE describes the amendments made to the 
test procedures for residential and commercial clothes washers.

A. General Comments

    DOE received a number of general comments from stakeholders, as 
summarized below.
    Oeiratnas, Warren, and an anonymous commenter expressed general 
support of the September 2021 NOPR. (Oeisratnas, No. 24 at p. 1; 
Warren, No. 15 at p. 1; Anonymous, No. 23 at p. 1) Another anonymous 
commenter expressed general support of improving efficiency in clothes 
washers. (Anonymous, No. 21 at p. 1)
    AHAM commented in opposition to DOE publishing the RCW energy 
conservation standards preliminary analysis on September 29, 2021 
(``September 2021 RCW Standards Preliminary Analysis''; 86 FR 53886) 
before finalizing a test procedure, or before the comment period on the 
September 2021 NOPR closed. (AHAM, No. 27 at p. 3) AHAM stated that 
although DOE provided some additional time for comment on both the test 
procedure and the preliminary analysis for standards, having both rules 
open for comment at the same time and before commenters have had 
sufficient time to evaluate and conduct the proposed test procedure 
does not allow commenters to meaningfully comment on either the 
proposed test procedure or the preliminary analysis. (Id.) AHAM also 
commented that, while it recognizes and supports DOE's interest in 
moving the clothes washer energy conservation standards and test 
procedure rulemakings forward, DOE should have released its test 
procedure proposal before conducting its RCW Standards Preliminary 
Analysis so that DOE could receive feedback on the test procedure 
proposal before proceeding with its analysis. (Id.) AHAM concluded that 
it is likely that DOE will need to conduct additional analyses based on 
the finalized test procedure before proposing a new energy conservation 
standard. (Id.)
    GEA expressed concern with the development of an energy 
conservation standard for a product without a set test procedure. (GEA, 
No. 32 at p. 2) GEA stated that without a finalized test procedure, it 
is difficult to effectively comment on the September 2021 RCW Standards 
Preliminary Analysis, particularly due to complexities of comparing 
data between new appendix J and appendix J2 test procedures. (Id.) GEA 
recommended that DOE accept and consider feedback generated by the 
testing program coordinated by AHAM, and that DOE complete the ongoing 
test procedure rulemaking before moving forward with the RCW standards 
rulemaking. (Id.)
    In response to AHAM and GEA's comments regarding the publication of 
the September 2021 NOPR and the September 2021 RCW Standards 
Preliminary Analysis, neither the prior version nor the current version 
of DOE's ``Procedures, Interpretations, and Policies for Consideration 
of New or Revised Energy Conservation Standards and Test Procedures for 
Consumer Products and Certain Commercial/Industrial Equipment'' found 
in appendix A (``appendix A'') specify that a final amended test 
procedure will be issued prior to issuing standards pre-NOPR rulemaking 
documents (e.g., a standards preliminary analysis). See 10 CFR part 
430, subpart C, appendix A (Jan. 1, 2020 edition); 86 FR 70892, 70928 
(Dec. 13, 2021). Rather, the prior version of the Process Rule provided 
that test procedure rulemakings establishing methodologies used to 
evaluate proposed energy conservation standards would be finalized at 
least 180 days prior to publication of a NOPR proposing new or amended 
energy conservation standards. Section 8(d) of appendix A of 10 CFR 
part 430 subpart C (Jan. 1, 2020 edition). The current version of the 
Process Rule generally provides that new test procedures and amended 
test procedures that impact measured energy use or efficiency will be 
finalized at least 180 days prior to the close of the comment period 
for a NOPR proposing new or amended energy conservation standards. 86 
FR 70892, 70928. DOE will continue to conduct additional analyses based 
on this finalized test procedure before proposing any new energy 
conservation standards, and stakeholders will be provided an 
opportunity to comment on any updated analysis as part of any proposal 
published regarding amended standards.
    AHAM commented that DOE should not proceed with its determination 
on a clothes washer energy conservation standard until there is 
adequate data showing the accuracy, repeatability, and reproducibility 
of new appendix J and changes to appendix J2. (AHAM, No. 27 at pp. 2-3) 
AHAM added that it is currently unable to provide detailed comment on 
the accuracy, repeatability, reproducibility, and test burden 
associated with the new test procedure. (Id.) In particular, AHAM 
stated that it cannot provide detailed comment on the following topics: 
Pre-conditioning requirements (see section III.C.6 of this document), 
defining new test load sizes

[[Page 33323]]

and their associated load usage factors (see section III.D.1.b of this 
document), water fill setting selections for the proposed load sizes 
(see section III.D.2 of this document), the revised calculation of RMC 
(see section III.D.4.a of this document), semi-automatic clothes 
washers \12\ (see section III.D.8 of this document), replacing capacity 
with weighted-average load sizes in the efficiency metrics (see section 
III.E.1 of this document), and inverting the water efficiency metric 
(see section III.E.2 of this document). (AHAM, No. 27 at pp. 4-8) AHAM 
stated that it and its members have developed a robust testing plan to 
evaluate the proposed test procedure changes, but will not have the 
testing completed until the end of 2021, and will need much of January 
2022 to aggregate and present the results to DOE. (AHAM, No. 27 at pp. 
2-3) AHAM commented that, while AHAM appreciates DOE's consideration of 
AHAM's October 11, 2021 comment extension request,\13\ the 28-day 
comment period extension DOE provided as part of the October 2021 
Notice is still not sufficient for AHAM and its members to provide a 
full set of meaningful comments. (Id.) AHAM stated that it plans to 
continue testing and, when it is complete, will provide an additional 
comment to DOE based on the test results. (Id.)
---------------------------------------------------------------------------

    \12\ AHAM's comments on semi-automatic clothes washers include 
comments on temperature selection, temperature usage factors, cycles 
required for test, and the general implementation of the proposed 
test provisions for semi-automatic clothes washers. All of these 
aspects are discussed in section III.D.8 of this document.
    \13\ Available at www.regulations.gov/comment/EERE-2016-BT-TP-0011-0020.
---------------------------------------------------------------------------

    Whirlpool commented that industry testing regarding proposed new 
appendix J is ongoing. (Whirlpool, No. 26 at pp. 2-3) Whirlpool 
commented that, given the magnitude of changes proposed for the new 
appendix J test procedure, Whirlpool did not have adequate time to 
complete and analyze all desired testing during the comment period for 
the September 2021 NOPR. (Id.) Whirlpool also commented that it is 
taking appropriate steps in its test laboratory to ensure proper 
testing to new appendix J. (Id.) Whirlpool added that its comments on 
the September 2021 NOPR are preliminary, and that its comments may need 
to be supplemented or corrected once investigative testing is 
completed. (Id.) In particular, Whirlpool stated that it cannot provide 
detailed comments on the following topics: Tested load sizes (see 
section III.D.1 of this document), the efficiency metrics (see section 
III.E of this document), and consumer usage assumptions (see section 
III.G of this document). (Whirlpool, No. 26 at pp. 7-11)
    GEA commented that it is participating in testing organized by AHAM 
to test 26 models across seven test laboratories to evaluate the 
proposed changes to the clothes washer test procedure. (GEA, No. 32 at 
p. 2) GEA expressed concern that GEA and other AHAM members are 
devoting substantial financial resources to this testing, and that DOE 
is not accommodating this test plan by failing to provide the February 
1, 2021 comment deadline extension originally proposed by AHAM. (Id.) 
GEA added that it is particularly concerned about the impact of the 
proposed new metrics, which are based on weighted-average load size 
instead of capacity, and the impact of DOE's proposed changes to the 
load usage factors. (Id.)
    DOE appreciates the efforts described by AHAM and manufacturers in 
conducting testing to evaluate the proposed changes to the clothes 
washer test procedure. DOE welcomes and encourages interested parties 
to submit test data in support of the RCW standards rulemaking. DOE 
notes that much of the reservation expressed by AHAM and manufacturers 
was with regard to the impact on measured energy as a result of the 
proposed amendments to the test procedure. Impacts on measured energy 
use between the then-current appendix J2 and the proposed appendix J 
test procedures were factored into the September 2021 RCW Standards 
Preliminary Analysis and presented in the accompanying Technical 
Support Document (``TSD'').\14\ Specifically, testing and modeling of 
results between the two test procedures were used to generate 
preliminary translations (i.e., ``crosswalks'') between the appendix J2 
and appendix J metrics for each defined efficiency level. To the extent 
that provisions of appendix J result in higher measured energy compared 
to appendix J2, such impacts were factored into the crosswalk of 
baseline \15\ and higher efficiency levels. As stated in chapter 5, 
section 5.3.3.3 of the preliminary analysis TSD, DOE plans to continue 
testing additional units to appendix J as finalized in this document 
and will continue to refine its approach for determining appropriate 
crosswalk translations in future stages of the standards rulemaking. 
Details regarding the expected impacts on measured energy are discussed 
in greater detail throughout sections III.C, III.D, and III.E of this 
document.
---------------------------------------------------------------------------

    \14\ See, for example, Table 5.3.7 in chapter 5 of the RCW 
preliminary analysis TSD describes the impact of each proposed test 
procedure revision on each individual component of the efficiency 
metrics. The Residential Clothes Washers Energy Conservation 
Standards Preliminary Technical Support Document is available at 
www.regulations.gov/document/EERE-2017-BT-STD-0014-0030.
    \15\ DOE uses the term ``baseline'' to refer to performance that 
is minimally compliant with the applicable standard.
---------------------------------------------------------------------------

    In the September 2021 NOPR, DOE proposed introductory text to both 
appendix J2 and the proposed new appendix J that provides the timeline 
for use of appendix J2 and appendix J. 86 FR 49140, 49146, 49205, 
49218.
    P.R. China recommended that DOE clarify the relationship between 
new appendix J and appendix J2, and the implementation timeline of new 
appendix J and appendix J2. (P.R. China, No. 25 at p. 3)
    As discussed, DOE is establishing a new test procedure at a new 
appendix J at 10 CFR part 430 subpart B, which DOE would use for the 
evaluation and issuance of updated efficiency standards. Use of new 
appendix J is not required until the compliance date of any new or 
amended standards that are based on new appendix J. (42 U.S.C. 
6295(gg)(2)(C)).
    This final rule maintains the introductory notes in appendix J and 
appendix J2 as proposed in the September 2021 NOPR, while updating the 
reference date from January 1, 2021, to January 1, 2022. Specifically:
     Manufacturers must use the results of testing under 
appendix J2 to determine compliance with the relevant standards for 
clothes washers from Sec.  430.32(g)(4) and from Sec.  431.156(b) as 
they appeared in the January 1, 2022 edition of 10 CFR parts 200-499.
     Before the date 180 days following publication of this 
final rule, representations must be based upon results generated either 
under appendix J2 as amended in this final rule or under appendix J2 as 
it appeared in the 10 CFR parts 200-499 edition revised as of January 
1, 2022.
     On or after 180 days following publication of this final 
rule, but before the compliance date of any amended standards for 
clothes washers, any representations must be made based upon results 
generated using appendix J2 as amended in this final rule.
     On or after the compliance date of any future amended 
standards provided in Sec.  430.32(g) or in Sec.  431.156 that are 
published after January 1, 2022, any representations must be based upon 
results generated using appendix J.
    DOE further notes that any representations related to energy or 
water consumption of RCWs or CCWs must be made in accordance with the

[[Page 33324]]

appropriate appendix that applies (i.e., appendix J or appendix J2) 
when determining compliance with the relevant standard and that 
manufacturers may also use appendix J to certify compliance with any 
amended standards prior to the applicable compliance date for those 
standards.
    Warren suggested that DOE be more specific in how the proposed 
regulations would be enforced, including who would be responsible to 
verify regulation requirements, the necessary amount of funding to 
support this rule, and the expected process by which clothes washers 
are to be inspected. (Warren, No. 15 at p. 1)
    DOE specifies certification, compliance, and enforcement 
regulations for consumer products and commercial and industry equipment 
covered by DOE's energy conservation standards program at 10 CFR part 
429. Subpart A to part 429 specifies general provisions; subpart B to 
part 429 (``Certification'') sets forth the procedures for 
manufacturers to certify that their covered products and covered 
equipment comply with the applicable energy conservation standards; and 
subpart C to part 429 (``Enforcement'') describes the enforcement 
authority of DOE to ensure compliance with the conservation standards 
and regulations.

B. Scope of Applicability

    This final rule covers those consumer products that meet the 
definition of ``clothes washer,'' as codified at 10 CFR 430.2.
    EPCA does not define the term ``clothes washer.'' DOE has defined a 
``clothes washer'' as a consumer product designed to clean clothes, 
utilizing a water solution of soap and/or detergent and mechanical 
agitation or other movement, that must be one of the following classes: 
Automatic clothes washers, semi-automatic clothes washers, and other 
clothes washers. 10 CFR 430.2.
    An ``automatic clothes washer'' is a class of clothes washer that 
has a control system that is capable of scheduling a preselected 
combination of operations, such as regulation of water temperature, 
regulation of the water fill level, and performance of wash, rinse, 
drain, and spin functions without the need for user intervention 
subsequent to the initiation of machine operation. Some models may 
require user intervention to initiate these different segments of the 
cycle after the machine has begun operation, but they do not require 
the user to intervene to regulate the water temperature by adjusting 
the external water faucet valves. Id.
    A ``semi-automatic clothes washer'' is a class of clothes washer 
that is the same as an automatic clothes washer except that user 
intervention is required to regulate the water temperature by adjusting 
the external water faucet valves. Id.
    ``Other clothes washer'' means a class of clothes washer that is 
not an automatic or semi-automatic clothes washer. Id.
    This final rule also covers commercial equipment that meets the 
definition of ``commercial clothes washer.'' ``Commercial clothes 
washer'' is defined as a soft-mount front-loading or soft-mount top-
loading clothes washer that--
    (A) Has a clothes container compartment that--
    (i) For horizontal-axis clothes washers, is not more than 3.5 cubic 
feet; and
    (ii) For vertical-axis clothes washers, is not more than 4.0 cubic 
feet; and
    (B) Is designed for use in--
    (i) Applications in which the occupants of more than one household 
will be using the clothes washer, such as multi-family housing common 
areas and coin laundries; or
    (ii) Other commercial applications.

(42 U.S.C. 6311(21); 10 CFR 431.452)
    DOE is not changing the scope of products and equipment covered by 
its clothes washer test procedures, or the relevant definitions, in 
this final rule.

C. Testing Conditions and Instrumentation

1. Water Meter Resolution
    Section 2.5.5 of the previous appendix J2 required the use of water 
meters (in both the hot and cold water lines) with a resolution no 
larger than 0.1 gallons and a maximum error no greater than 2 percent 
of the measured flow rate. As discussed in the September 2021 NOPR, DOE 
has observed that some clothes washers use very small amounts of hot 
water on some temperature selections, on the order of 0.1 gallons or 
less. 86 FR 49140, 49146. For example, some clothes washers have both 
Cold and Tap Cold temperature selections, and the Cold selection may 
use a fraction of a gallon of hot water. Id.
    In DOE's experience with such clothes washers, the maximum load 
size typically uses more than 0.1 gallons of hot water on each of the 
available temperature selections (providing indication of which 
temperature selections use hot water), whereas the average and minimum 
load sizes may use a quantity less than 0.1 gallons. Id. For these 
clothes washers, a water meter resolution of 0.1 gallons would be 
insufficient to provide an accurate measurement of hot water 
consumption because the volume of hot water measured would be less than 
the resolution of the water meter. Id. As discussed in the September 
2021 NOPR, DOE's testing suggests that clothes washers that use such 
low volumes of heated water represent a minority of units on the 
market. Id. DOE tentatively concluded that requiring greater water 
meter precision for all clothes washers would represent an undue burden 
for those clothes washer models for which water meters with the 
currently required level of precision provide representative results. 
Id. DOE therefore proposed the use of a hot water meter with more 
precise resolution only for clothes washers with hot water usage less 
than 0.1 gallons in any of the individual cycles within the energy test 
cycle.
    Specifically, DOE proposed to specify in section 2.5.5 of both 
appendix J2 and new appendix J that if the volume of hot water for any 
individual cycle within the energy test cycle is less than 0.1 gallons 
(0.4 liters), the hot water meter must have a resolution no larger than 
0.01 gallons (0.04 liters). 86 FR 49140, 49147. DOE requested comment 
on this proposal, and on the extent to which manufacturers and test 
laboratories already use water meters with this greater resolution. Id. 
DOE also requested comment on whether this proposal would require 
manufacturers to retest any basic models that have already been 
certified under the existing water meter resolution requirements. Id.
    The Joint Efficiency Advocates commented that they support DOE's 
proposal to require higher water meter resolution for hot water use 
measurements. (Joint Efficiency Advocates, No. 28 at pp. 3-4) However, 
the Joint Efficiency Advocates recommended that instead of requiring a 
water meter resolution of 0.01 gallons for clothes washers that use 
less than 0.1 gallons of water, DOE should require a water meter 
resolution of 0.01 gallons for all hot water use measurements. (Id.) 
The Joint Efficiency Advocates added that requiring a resolution no 
larger than 0.01 gallons if hot water use is less than 0.1 gallons 
suggests that hot water usage is known prior to testing. (Id.) The 
Joint Efficiency Advocates concluded that requiring a 0.01-gallon 
resolution would more accurately reflect hot water and energy usage. 
(Id.)
    The CA IOUs commented that they support DOE's proposal to require a 
water meter resolution of 0.01 gallons for clothes washers that use 
less than 0.1 gallons of water. (CA IOUs, No. 29 at p. 6) However, the 
CA IOUs stated

[[Page 33325]]

that it is difficult to discern whether the higher resolution provision 
would be required, since the test laboratory would need previous 
knowledge that there is a low-level use of hot water prior to the test. 
(Id.) The CA IOUs encouraged DOE to consider requiring the 0.01-gallon 
resolution for all products tested under appendix J2 and new appendix 
J, or alternatively provide clarification for how a testing laboratory 
would know prior to testing that it would need to use 0.01-gallon-
resolution water meters. (Id.)
    AHAM commented that DOE's proposal to require a water meter 
resolution of 0.01 gallons for clothes washers that use less than 0.1 
gallons of hot water could provide a benefit by increasing the accuracy 
of the measurements, but could increase test burden due to the cost of 
obtaining higher-resolution meters. (AHAM, No. 27 at p. 8) AHAM 
additionally commented that DOE's water meter resolution proposal may 
not be practical, since laboratories outside of those operated by 
manufacturers may not have insight into which cycles use less than 0.1 
gallons of hot water. (Id.)
    In response to comments that the volume of hot water would need to 
be known prior to testing in order to use a water meter with the 
correct resolution, DOE notes that this concern would likely apply only 
to third-party laboratories, since manufacturers would have advance 
knowledge of the expected water usage of their own products. DOE 
acknowledges that it may not be possible for a third-party test 
laboratory to know in advance the expected water usage of a clothes 
washer. In DOE's experience, in practice, an examination of test 
results during testing can yield insights as to whether a clothes 
washer is using less than 0.1 gallons of hot water. As one example, as 
described earlier in this section, if the maximum load size uses close 
to 0.1 gallons of hot water on a particular temperature setting, the 
average and minimum load sizes are likely to use a quantity less than 
0.1 gallons. As another example, laboratories may be aware of trends 
among models from the same product lines, such as models containing 
both ``Tap Cold'' and ``Cold'' settings that use very little hot water 
on the ``Cold'' setting. As yet another example, other measured 
parameters such as water pressure can indicate when a water valve is 
opened on the clothes washer; e.g., a test cycle that indicates no hot 
water use (in the case where a water meter with 0.1 gallon resolution 
is used), but for which the water pressure data indicated a brief 
opening of the hot water valve, would suggest that a smaller quantity 
of hot water may have been used and that a more precise water meter 
resolution is required.
    DOE tentatively concluded in the September 2021 NOPR that most, if 
not all, third-party laboratories already have water meters with the 
more precise resolution. DOE also estimated the cost of a water meter 
that provides the proposed resolution, including associated hardware, 
to be around $600 for each device. 86 FR 49140, 49191. DOE reiterates 
these cost estimates in section III.K.1 of this document. DOE received 
no comments in response to the September 2021 NOPR regarding DOE's 
estimated cost of a water meter.
    DOE determines in this final rule that for clothes washers that use 
less than 0.1 gallons of hot water on certain temperature selections 
required for testing, the use of the more precise water meters would 
improve the reproducibility of testing and the representativeness of 
the results without being unduly burdensome. DOE also determines that 
requiring greater water meter precision for all clothes washers (i.e., 
as opposed to only those that use less than 0.1 gallons of hot water on 
certain temperature selections) would represent an undue burden for 
those clothes washer models for which water meters with the currently 
required level of precision provide representative results. For these 
reasons and those discussed above, DOE is finalizing its proposal, 
consistent with the September 2021 NOPR, by amending section 2.5.5 of 
both appendix J2 and new appendix J to specify that if the volume of 
hot water for any individual cycle within the energy test cycle is less 
than 0.1 gallons (0.4 liters), the hot water meter must have a 
resolution no larger than 0.01 gallons (0.04 liters).
2. Installation of Single-Inlet Machines
    Section 2.10 of appendix J2 provides specifications for installing 
a clothes washer, referencing both the hot water and cold water inlets. 
Additionally, section 2.5.5 of appendix J2 specifies that a water meter 
must be installed in both the hot and cold water lines. DOE is aware of 
RCWs on the market that have a single water inlet rather than separate 
hot and cold water inlets. 86 FR 49140, 49147. DOE has observed two 
types of single-inlet RCWs: (1) Semi-automatic clothes washers, which 
are generally intended to be connected to a kitchen or bathroom faucet 
and which require user intervention to regulate the water temperature 
by adjusting the external water faucet valves; and (2) automatic 
clothes washers intended to be connected only to a cold water inlet, 
and which regulate the water temperature through the use of an internal 
heating element to generate any hot water used during the cycle. Id.
    For single-inlet semi-automatic clothes washers, DOE has observed 
that these clothes washers are most often designed to be connected to a 
kitchen or bathroom faucet, with a single hose connecting the faucet to 
the single inlet on the clothes washer (i.e., both cold and hot water 
are supplied to the clothes washer through a single hose).\16\ The user 
regulates the water temperature externally by adjusting the faucet(s) 
to provide cold, warm, or hot water temperatures for the wash and rinse 
portions of the cycle.
---------------------------------------------------------------------------

    \16\ As noted, some models may provide or accommodate a Y-shaped 
hose to connect the separate cold and hot water faucets or supply 
lines.
---------------------------------------------------------------------------

    In the September 2021 NOPR, DOE stated that additional direction in 
the test procedure is warranted to produce test results that reflect 
representative consumer usage of cold, warm, and hot wash/rinse 
temperatures. Id. DOE therefore proposed for testing of semi-automatic 
RCWs to require connection to only the cold water supply in new 
appendix J, enabling testing of only the Cold/Cold wash/rinse 
temperature, and proposed to calculate the energy and water performance 
at other wash/rinse temperatures formulaically from the Cold Wash/Cold 
Rinse (``Cold/Cold'') cycle data. 86 FR 49140, 49148. DOE asserted that 
the energy and water performance at temperatures other than Cold/Cold 
could be calculated numerically using test data from the Cold/Cold 
cycle, because the measured characteristics \17\ of a semi-automatic 
clothes washer cycle do not depend on the inlet water temperature. 86 
FR 49140, 49148. DOE proposed to make this change only in the new 
appendix J because connecting to only the cold water inlet may differ 
from how such units are currently being tested by manufacturers and 
laboratories under appendix J2. Id. DOE requested information about 
implementing this change to appendix J2 as well, specifically regarding 
how single-inlet semi-automatic clothes washers are being tested and 
any potential impact on the measured energy use of these clothes 
washers on the market. Id.
---------------------------------------------------------------------------

    \17\ Measured characteristics of a semi-automatic clothes washer 
cycle include total water consumption, electrical energy 
consumption, cycle time, and bone-dry and cycle complete load 
weights. See section III.D.8 of this document for more details.
---------------------------------------------------------------------------

    For single-inlet automatic clothes washers, in the September 2021 
NOPR, DOE proposed to specify that all single-inlet automatic clothes 
washers be

[[Page 33326]]

installed to the cold water supply only, based on a review of user 
manuals. 86 FR 49140, 49148. DOE proposed to include this provision in 
the new appendix J only. Id. The proposed edit to section 2.10.1 of the 
new appendix J is that if the clothes washer has only one water inlet, 
the inlet would be connected to the cold water supply in accordance 
with the manufacturer's instructions. Id. DOE requested comment on this 
proposal, and on whether this requirement should be included in only 
the new appendix J, or whether, if adopted, it should be included as an 
amendment to appendix J2. Id.
    P.R. China commented in support of requiring single-inlet clothes 
washers to be installed to the cold water supply only. (P.R. China, No. 
25 at p. 3) P.R. China also recommended that DOE add test methods that 
would evaluate single-inlet clothes washers' heating functions using 
different programs where the water is heated to different temperatures. 
(Id.) DOE received no comments regarding how single-inlet clothes 
washers are being tested currently to appendix J2 or whether the 
proposed amendments should also be adopted in appendix J2.
    In response to P.R. China's recommendation, DOE notes that a 
single-inlet clothes washer with a heating function would be classified 
as an automatic single-inlet clothes washer and as such would be tested 
using the temperature selections determined to be part of the energy 
test cycle using the flowcharts provided in section 2.12 of appendix J2 
or new appendix J.
    For the reasons discussed, DOE is finalizing its proposal to 
require in section 2.10.1 of the new appendix J that a clothes washer 
with only one water inlet be connected to the cold water supply in 
accordance with the manufacturer's instructions. DOE is unable to 
determine whether these amendments would change how such units are 
currently being tested by manufacturers and laboratories under appendix 
J2 and therefore is not adopting these amendments in appendix J2. As 
described further in section III.D.8 of this document, DOE is also 
finalizing its proposal for semi-automatic clothes washers in new 
appendix J to require testing of only the Cold/Cold wash/rinse 
temperature and to calculate the energy and water performance at other 
wash/rinse temperatures formulaically from the Cold/Cold cycle data.
3. Water Supply Temperatures
a. Hot Water Supply Temperature
    Section 2.2 of appendix J2 requires maintaining the hot water 
supply temperature between 130 degrees Fahrenheit (``[deg]F'') (54.4 
degrees Celsius (``[deg]C'')) and 135 [deg]F (57.2 [deg]C), using 135 
[deg]F as the target temperature.
    DOE has revised the hot water supply temperature requirements 
several times throughout the history of the clothes washer test 
procedures to remain representative of household water temperatures at 
the time of each analysis. When establishing the original clothes 
washer test procedure at appendix J in 1977, DOE specified a hot water 
supply temperature of 140 [deg]F  5 [deg]F for clothes 
washers equipped with thermostatically controlled inlet water valves. 
42 FR 49802, 49808. In the August 1997 Final Rule, DOE specified in 
appendix J1 that for clothes washers in which electrical energy 
consumption or water energy consumption is affected by the inlet water 
temperatures,\18\ the hot water supply temperature cannot exceed 135 
[deg]F (57.2 [deg]C); and for other clothes washers, the hot water 
supply temperature is to be maintained at 135 [deg]F  5 
[deg]F (57.2 [deg]C  2.8 [deg]C). 62 FR 45484, 45497. DOE 
maintained these same requirements in the original version of appendix 
J2. In the August 2015 Final Rule, DOE adjusted the allowable tolerance 
of the hot water supply temperature in section 2.2 of appendix J2 to 
between 130 [deg]F (54.4 [deg]C) and 135 [deg]F (57.2 [deg]C) for all 
clothes washers, but maintained 135 [deg]F as the target temperature. 
80 FR 46729, 46734-46735.
---------------------------------------------------------------------------

    \18\ For example, water-heating clothes washers or clothes 
washers with thermostatically controlled water valves.
---------------------------------------------------------------------------

    As noted in the September 2021 NOPR, DOE analyzed household water 
temperatures as part of the test procedure final rule for residential 
and commercial water heaters published July 11, 2014. 79 FR 40541 
(``July 2014 Water Heater Final Rule''). In the July 2014 Water Heater 
Final Rule, DOE revised the hot water delivery temperature from 135 
[deg]F to 125 [deg]F based on an analysis of data showing that the 
average set point temperature for consumer water heaters in the field 
is 124.2 [deg]F (51.2 [deg]C), which was rounded to the nearest 5 
[deg]F, resulting in a test set point temperature of 125 [deg]F. 79 FR 
40541, 40554. Additionally, a 2011 compilation of field data across the 
United States and southern Ontario by Lawrence Berkeley National 
Laboratory (``LBNL'') \19\ found a median daily outlet water 
temperature of 122.7 [deg]F (50.4 [deg]C). Id. Further, DOE noted in 
the July 2014 Water Heater Final Rule that water heaters are commonly 
set with temperatures in the range of 120 [deg]F to 125 [deg]F. Id.
---------------------------------------------------------------------------

    \19\ Lutz, JD, Renaldi, Lekov A, Qin Y, and Melody M, ``Hot 
Water Draw Patterns in Single Family Houses: Findings from Field 
Studies,'' LBNL Report number LBNL-4830E (May 2011). Available at 
www.escholarship.org/uc/item/2k24v1kj.
---------------------------------------------------------------------------

    Additionally, section 2.3.2. of DOE's consumer dishwasher test 
procedure, codified at 10 CFR part 430 subpart B, appendix C1 
(``appendix C1''), specifies a hot water supply temperature of 120 
[deg]F  2 [deg]F for water-heating dishwashers designed for 
heating water with a nominal inlet temperature of 120 [deg]F, which 
includes nearly all consumer dishwashers currently on the U.S. market. 
This water supply temperature is intended to be representative of 
household hot water temperatures.
    In the September 2021 NOPR, DOE proposed to update the hot water 
supply temperature in the new appendix J from 130-135 [deg]F to 120-125 
[deg]F. Id. Additionally, DOE proposed to change the value of ``T,'' 
the temperature rise that represents the nominal difference between the 
hot and cold water inlet temperatures, from 75 [deg]F to 65 [deg]F, 
consistent with the differential between the nominal values for the 
proposed hot water supply temperature (120-125 [deg]F) and the cold 
water supply temperature (55-60 [deg]F). 86 FR 49140, 49149-49150. DOE 
requested comment on any potential impact to testing costs that may 
occur by harmonizing temperatures between the clothes washer and 
dishwasher test procedures, and the impacts on manufacturer burden 
associated with any changes to the hot water supply temperature. 86 FR 
49140, 49150.
    The Joint Efficiency Advocates commented in support of DOE 
specifying a hot water supply temperature of 120-125 [deg]F and 
decreasing the temperature rise from 75 [deg]F to 65 [deg]F 
accordingly. (Joint Efficiency Advocates, No. 28 at p. 3) Referencing 
DOE's discussion in the July 2014 Water Heater Final Rule and the 
September 2021 NOPR, the Joint Efficiency Advocates stated that a hot 
water supply temperature of 120-125 [deg]F would better reflect current 
clothes washer usage conditions than the 135 [deg]F temperature 
specified in the current test procedure. (Id.) The comment also noted 
that the proposed reduction of the hot water temperature rise for 
appendix J was reasonable. (Id.)
    The Joint Commenters commented in support of DOE's proposal to 
specify the clothes washer hot water supply temperature range from 120 
to 125 [deg]F,

[[Page 33327]]

stating that it is a reasonable representation of real-world supply 
temperatures. (Joint Commenters, No. 31 at p. 10)
    AHAM commented that if DOE proceeds with adjusting the hot water 
temperature to 125 [deg]F, all provisions within the test procedure 
relating to maximum water temperature should be adjusted to 125 [deg]F 
as well, including the flow charts within the test procedure. (AHAM, 
No. 27 at p. 9) AHAM added that the flow charts have been helpful to 
manufacturers and test laboratories, and that it is therefore critical 
that they be properly adjusted to account for the temperature change. 
(Id.) AHAM also commented that this change could limit customer choice 
with respect to temperature controls, asserting that since the proposed 
temperature requirement for the Extra-hot Wash/Cold Rinse cycle would 
be 140 [deg]F, but the Hot Wash/Cold Rinse cycle would not be able to 
get above 125 [deg]F without the use of an internal water heater, a 
clothes washer with a temperature setting between 125 [deg]F and 140 
[deg]F would experience a negative impact to its energy use. (Id.) AHAM 
added that this change would mean that manufacturers would no longer 
realistically be able to offer consumers temperatures between 125 
[deg]F and 140 [deg]F, and that product redesign would be required. 
(Id.) AHAM added that additional testing may illuminate this concern 
and, if so, AHAM would provide DOE with more information. (Id.)
    In response to AHAM's comment that decreasing the hot inlet supply 
temperature to a range of 120 to 125 [deg]F would result in greater 
measured energy for a clothes washer with a temperature setting between 
125 [deg]F and 140 [deg]F due to the need to use an internal water 
heater, DOE expects that the overall measured energy use of a 
temperature setting between 125 [deg]F and 140 [deg]F would remain 
roughly the same even with the reduced hot water inlet temperature. The 
total measured energy for each cycle includes both the machine 
electrical energy (which includes any energy expended for internal 
water heating) as well as the energy used to heat the water externally 
in a water heater (i.e., the water heating energy). As discussed 
further in section III.G.6 of this document, the calculation of water 
heating energy assumes a 100 percent efficient external electric water 
heater. DOE would expect an internal water heater within a clothes 
washer to operate similarly at a thermal efficiency of roughly 100 
percent. Accordingly, for a given wash temperature, the amount of 
thermal energy measured by the test procedure is roughly the same 
regardless of whether the heated water is supplied by an external water 
heater or an internal water heating element within the clothes washer, 
or a combination of both.
    As an example, consider a clothes washer with a hot wash 
temperature of 135 [deg]F and a test cycle that uses 20 gallons of 
water. Under the appendix J2 test procedure with a nominal hot water 
supply temperature of 135 [deg]F, all 20 gallons would be hot water, 
externally heated with an associated water heating energy of 3.6 
kWh.\20\ Using instead a nominal hot water supply temperature of 125 
[deg]F, the same test cycle would similarly use 20 gallons of 
externally-heated water (heated to 125 [deg]F rather than 135 [deg]F), 
plus additional internal water heating to increase the temperature by 
an additional 10 [deg]F to 135 [deg]F. In this scenario, the external 
water heating energy would be calculated as 3.12 kWh,\21\ and the 
internal water heater would be expected to use around 0.48 kWh,\22\ for 
a total of 3.6 kWh (matching the first scenario).
---------------------------------------------------------------------------

    \20\ Calculated as 20 gallons (gal) x 75 [deg]F temperature rise 
x 0.0024 kWh/gal/[deg]F specific heat of water, per section 4.1.2 of 
appendix J2.
    \21\ Calculated as 20 gal x 65 [deg]F temperature rise x 0.0024 
kWh/gal/[deg]F.
    \22\ Calculated as 20 gal x 10 [deg]F temperature rise x 0.0024 
kWh/gal/[deg]F x 100% assumed efficiency.
---------------------------------------------------------------------------

    As exemplified, DOE concludes that any change in the balance 
between externally heated water and internally heated water as a result 
of changing the inlet supply temperature would have negligible, if any, 
impact on overall energy use and therefore would not limit a 
manufacturer's ability to continue to offer wash temperatures between 
125 [deg]F and 140 [deg]F. As discussed previously, any impacts to 
measured energy, however minor, as a result of changes to the hot water 
supply inlet temperature were accounted for in the crosswalk between 
the appendix J2 and appendix J metrics developed for the September 2021 
RCW Standards Preliminary Analysis. DOE will continue to consider any 
such impacts in future stages of the standards rulemaking. Furthermore, 
given DOE's determination that a hot water supply temperature range of 
120 [deg]F to 125 [deg]F is more representative of household hot water 
temperatures, any change in measured energy as a result of changing the 
hot water supply inlet temperature would be more representative of 
consumer use.
    For the reasons discussed previously, DOE is finalizing its 
proposal to update the hot water supply temperature in the new appendix 
J from 130-135 [deg]F to 120-125 [deg]F, and to update the value of 
``T'' to 65 [deg]F accordingly, consistent with the September 2021 
NOPR. DOE reiterates that any impacts to measured energy as a result of 
changes to the hot water inlet supply temperature will be accounted for 
in the crosswalk between the appendix J2 and appendix J metrics as part 
of the ongoing standards analysis, such that DOE does not expect the 
changes implemented in this final rule to require significant product 
redesign.
b. Target Water Supply Temperatures
    Section 2.2 of appendix J2 specified that the hot water supply 
temperature must be maintained between 130 [deg]F (54.4 [deg]C) and 135 
[deg]F (57.2 [deg]C), using 135 [deg]F as the target temperature. 
Section 2.2 of appendix J2 specified maintaining a cold water 
temperature between 55 [deg]F and 60 [deg]F, using 60 [deg]F as the 
target temperature.
    In the September 2021 NOPR, DOE proposed to remove the ``target'' 
temperature associated with each water supply temperature range, and to 
instead define only the allowable temperature range. 86 FR 49140, 
49151. Based on experience working with third-party test laboratories, 
as well as its own testing experience, DOE recognizes that maintaining 
a target temperature for the water supply that represents one edge of 
the allowable temperature range, rather than the midpoint, may be 
difficult. Id. On electronic temperature-mixing valves commonly used by 
test laboratories, the output water temperature is maintained within an 
approximately 2-degree tolerance above or below a target temperature 
programmed by the user (e.g., if the target temperature is set at 135 
[deg]F, the controller may provide water temperatures ranging from 133 
[deg]F to 137 [deg]F). Id. To ensure that the water inlet temperature 
remains within the allowable range, such a temperature controller would 
need to be set to around the midpoint of the range, which conflicts 
with the test procedure requirement. Id.
    Specifically, DOE proposed in the September 2021 NOPR that the cold 
water supply temperature range be defined as 55 [deg]F to 60 [deg]F in 
both appendix J2 and the new appendix J; the hot water supply 
temperature range in appendix J2 be defined as 130 [deg]F to 135 
[deg]F; and the hot water supply temperature range in the new appendix 
J be defined as 120 [deg]F to 125 [deg]F. Id.
    DOE requested comment on its proposal to remove the target 
temperatures and instead specify water supply temperature ranges as 55 
[deg]F to 60 [deg]F for cold water in both appendix J2 and the new 
appendix J, 130 [deg]F to 135 [deg]F for hot water in appendix J2, and 
120 [deg]F

[[Page 33328]]

to 125 [deg]F for hot water in the new appendix J. Id.
    Whirlpool stated that it opposes DOE's proposal to remove the 
target temperatures from the proposed hot or cold water supply 
temperature requirements, stating that DOE provided no strong rationale 
to remove them. (Whirlpool, No. 26 at pp. 5-6) Whirlpool further 
commented that removing the target condition could reduce 
reproducibility by increasing the chances that test laboratories will 
conduct testing throughout the entire allowable range, rather than test 
at or near a single target temperature. (Id.) For example, as stated by 
Whirlpool, the absence of a target temperature may force manufacturers 
to be extremely conservative in the testing and certification of 
products and always test at the part of the range that produces the 
least energy efficient results. (Id.) Whirlpool expressed concern that 
removing the target temperature could increase the overall variation 
between laboratory test results. (Id.)
    AHAM commented that it opposes DOE's proposal to specify a target 
temperature range instead of a target temperature. (AHAM, No. 27 at pp. 
9-10) AHAM recommended that DOE align its proposed test procedure with 
other DOE test procedures in which the target temperature has a 
tolerance and nominal target, rather than any temperature within a 
specified range (e.g., X  Y with nominal X as the target), 
in order to increase reproducibility. (Id.) AHAM commented that while 
it recognizes that any value within a temperature range would be a 
valid test, a target nominal temperature would discourage test 
laboratories from testing at one end of the range or the other. (Id.) 
AHAM further commented that a need for a repeatable, reproducible test 
is increasing since manufacturers' ability to conservatively rate and 
ensure continued compliance with standards decreases as energy 
conservation standards get more stringent. (Id.) AHAM also added that 
removing the target temperature would have an impact on calculating the 
water heating energy, since the temperature rise between the cold and 
hot water supply temperatures would be less certain. (Id.)
    Considering comments received, DOE recognizes that specifying a 
target temperature for the supply water may be helpful in ensuring 
reproducible test results. DOE also recognizes, as discussed, that best 
practice by laboratories is to configure the water temperature 
controller setpoint to the midpoint of the temperature range in order 
to accommodate fluctuations both above and below the setpoint, thus 
ensuring that the water inlet temperature remains within the allowable 
range throughout the duration of testing. For these reasons, in this 
final rule, DOE is amending the temperature supply specifications to 
specify targeting the midpoint of each range. DOE reiterates that 
specifying a target temperature setpoint is intended to promote 
reproducibility of results and does not invalidate test data that is 
not centered around the target temperature but remains within the 
specified allowable range.
    DOE further notes that by targeting the midpoint of both the hot 
water temperature range and the cold water temperature range, the value 
of ``T'' used in the water heating energy formula (as discussed in 
section III.C.3.a of this document) represents the difference between 
the targeted values for both appendix J2 and new appendix J.
4. Extra-Hot Wash Determination
    Clothes washers are tested using an energy test cycle determined by 
taking into consideration all cycle settings available to the end user. 
Section 2.12 of appendix J2. Figure 2.12.5 of appendix J2 specifies 
that for the energy test cycle to include an Extra-Hot Wash/Cold Rinse, 
the clothes washer must have an internal heater and the Normal cycle 
\23\ must, in part, contain a wash/rinse temperature selection that has 
a wash temperature greater than 135 [deg]F. The 135 [deg]F threshold 
matches the high end of the hot water inlet temperature range specified 
in section 2.2 of appendix J2.
---------------------------------------------------------------------------

    \23\ Section 1.25 of appendix J2 defines the 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 MEFJ2 value.
---------------------------------------------------------------------------

    DOE has revised the Extra-Hot wash temperature parameters 
previously. In the August 1997 Final Rule, DOE revised the threshold 
temperature for Extra-Hot Wash from 140 [deg]F to 135 [deg]F in 
conjunction with changing the minimum hot water supply temperature in 
appendix J from 140 [deg]F in appendix J to 135 [deg]F. 62 FR 45484, 
45497. As noted, appendix J2 retains this threshold temperature of 135 
[deg]F for Extra-Hot Wash.
    As described in the September 2021 NOPR, the proposal to update the 
hot water inlet temperature from 130-135 [deg]F to 120-125 [deg]F in 
new appendix J prompted DOE to reassess the threshold temperature for 
the Extra-Hot wash temperature in new appendix J. 86 FR 49140, 49150. 
Because the inclusion of an Extra-Hot Wash/Cold Rinse in the energy 
test cycle requires the clothes washer to have an internal heater, the 
threshold temperature is not limited to the input temperature. Id.
    In the September 2021 NOPR, DOE indicated that based on test data 
from a broad range of clothes washers, over 70 percent of Extra-Hot 
cycles have a wash water temperature that exceeds 140 [deg]F. 86 FR 
49140, 49150. Furthermore, DOE research indicated that 140 [deg]F is 
widely cited as a threshold for achieving sanitization. Id. DOE 
therefore proposed specifying in new appendix J that the Extra-Hot Wash 
threshold be 140 [deg]F. Id. DOE preliminarily concluded that a 
temperature threshold of 140 [deg]F would align with 140 [deg]F as an 
accepted temperature threshold for sanitization, and therefore may be 
more representative of consumer expectations and usage of an Extra-Hot 
Wash cycle, than the current 135 [deg]F threshold. Id.
    In addition to improving representativeness, DOE noted in the 
September 2021 NOPR that changing the Extra-Hot Wash temperature 
threshold to 140 [deg]F could potentially reduce test burden. Id. As 
discussed more fully in section III.C.5 of this document, a threshold 
of 140 [deg]F would enable easier confirmation that an Extra-Hot 
temperature has been achieved when measuring wash temperature with non-
reversible temperature indicator labels, as permitted by section 3.3 of 
appendix J2.
    In the September 2021 NOPR, DOE requested comment on its proposal 
to specify in the new appendix J that the Extra-Hot Wash/Cold Rinse 
designation would apply to a wash temperature greater than or equal to 
140 [deg]F. 86 FR 49140, 49151. DOE also requested any additional data 
on the wash temperature of cycles that meet the appendix J2 definition 
of Extra-Hot Wash/Cold Rinse. Id. DOE also expressed interest in data 
and information on any potential impact to testing costs that may occur 
by changing the Extra-Hot Wash temperature threshold, and the impacts 
on manufacturer burden associated with any changes to the Extra-Hot 
Wash/Cold Rinse definition. Id.
    Whirlpool commented that it supports DOE's proposal to change the 
Extra-Hot Wash temperature threshold to 140 [deg]F because that is the 
minimum threshold temperature for various international clothes 
sanitization standards, including the standards published by the World

[[Page 33329]]

Health Organization. (Whirlpool, No. 26 at p. 5) Whirlpool additionally 
suggested that there should be consideration of some tolerance on top 
of this threshold temperature at 140 [deg]F (e.g., 2 [deg]F). (Id.) 
Whirlpool further explained that without including a tolerance, a 
manufacturer using this Extra-Hot temperature setting for sanitization 
may be penalized for conservatively setting higher Extra-Hot 
temperature settings beyond 140 [deg]F to account for temperature 
variation during a sanitization period. (Id.) Whirlpool added that, 
using submersible temperature loggers to measure water temperatures, as 
proposed in the September 2021 NOPR,\24\ there should be no issue 
identifying when such an Extra-Hot water temperature threshold (e.g., 
142 [deg]F or 143 [deg]F) is reached. (Id.)
---------------------------------------------------------------------------

    \24\ See discussion of wash temperature measurements in section 
III.C.4 of this document.
---------------------------------------------------------------------------

    DOE notes that the Extra-Hot Wash temperature is a threshold 
temperature, rather than a target temperature; as such, defining a 
tolerance on the 140 [deg]F threshold, as suggested by Whirlpool, would 
not be appropriate. Adding a tolerance to the threshold value would 
effectively result in raising the threshold value by the tolerance 
amount. DOE notes that the current Extra-Hot Wash threshold of 135 
[deg]F does not have a defined tolerance. Any wash temperature that 
meets or exceeds the threshold temperature would be considered an 
Extra-Hot Wash. For these reasons, DOE is not adding a tolerance to the 
threshold value for the Extra-Hot Wash water temperature in this final 
rule.
    As discussed previously, any impacts to measured energy as a result 
of changes to the definition of Extra-Hot Wash were accounted for in 
the crosswalk between the appendix J2 and appendix J metrics developed 
for the September 2021 RCW Standards Preliminary Analysis. DOE will 
continue to consider any such impacts in future stages of the standards 
rulemaking.
    For the reasons discussed above, DOE is finalizing its proposal, 
consistent with the September 2021 NOPR, to specify in the new appendix 
J that the minimum temperature threshold for the Extra-Hot Wash/Cold 
Rinse is 140 [deg]F. This change is reflected in the Extra-Hot Wash/
Cold Rinse flowchart and the Hot Wash/Cold Rinse flowchart in section 
2.12.1 of the new appendix J, as well as any references to this 
temperature threshold elsewhere throughout the new appendix J. DOE 
reiterates that any impacts to measured energy as a result of changes 
to the definition of Extra-Hot Wash will be accounted for in the 
crosswalk between the appendix J2 and appendix J metrics as part of the 
ongoing standards analysis, such that DOE does not expect the changes 
implemented in this final rule to require significant product redesign.
5. Wash Water Temperature Measurement
    Section 3.3 of appendix J2 allows the use of non-reversible 
temperature indicator labels to confirm that a wash temperature greater 
than the Extra-Hot Wash threshold temperature of 135 [deg]F has been 
achieved. As discussed in the September 2021 NOPR, DOE is aware that 
none of the temperature indicator labels on the market provide an 
indicator at 135 [deg]F, the current Extra-Hot Wash water temperature 
threshold. 86 FR 49140, 49152. Because of this, temperature indicator 
labels can be used to confirm that the water temperature reached 135 
[deg]F only if the water temperature exceeds 140 [deg]F. Id. Such 
temperature indicator labels are unable to identify an Extra-Hot Wash/
Cold Rinse cycle if the temperature of the cycle is greater than 135 
[deg]F but less than 140 [deg]F. Id. DOE recognizes the potential 
benefit of other methods of measurement to supplement or replace the 
temperature indicator labels. Id.
    In the September 2021 NOPR, DOE proposed to allow the use of a 
submersible temperature logger as an additional temperature measurement 
option to confirm that an Extra-Hot Wash temperature greater than 135 
[deg]F has been achieved during the wash cycle for appendix J2, and 
greater than 140 [deg]F for new appendix J. Id. DOE proposed that the 
submersible temperature logger must have a time resolution of at least 
one data point every 5 seconds and a temperature measurement accuracy 
of 1 [deg]F. Id. As described currently for temperature 
indicator labels, the proposed amendment included a note that failure 
to measure a temperature of 135 [deg]F would not necessarily indicate 
of the lack of an Extra-Hot Wash temperature. Id. However, such a 
result would not be conclusive due to the lack of verification of that 
the required water temperature was achieved, in which case an 
alternative method must be used to confirm that an Extra-Hot Wash 
temperature greater than 135 [deg]F has been achieved during the wash 
cycle. Id.
    DOE requested comment on its proposal to allow the use of a 
submersible temperature logger in appendix J2 and new appendix J as an 
option to confirm that an Extra-Hot Wash temperature greater than the 
Extra-Hot Wash threshold has been achieved during the wash cycle. Id. 
DOE also requested data and information confirming (or disputing) DOE's 
discussion of the benefits and limitations of using a submersible 
temperature logger, including DOE's determination that a submersible 
logger's failure to measure a temperature greater than the Extra-Hot 
Wash threshold does not necessarily indicate that the cycle under test 
does not meet the definition of an Extra-Hot Wash/Cold Rinse cycle. Id.
    AHAM commented in support of DOE's proposal to allow the use of a 
submersible temperature logger, but noted that the shift in the Extra-
Hot Wash temperature threshold makes this change less necessary than it 
may have been in the past. (AHAM, No. 27 at p. 10)
    Whirlpool commented in support of DOE's proposal to allow for the 
use of a submersible temperature logger as an additional temperature 
measurement option to confirm that the Extra-Hot Wash temperature 
threshold has been achieved during the wash cycle. (Whirlpool, No. 26 
at p. 6)
    DOE also proposed in the September 2021 NOPR to move the 
description of allowable temperature measuring devices from section 3.3 
of appendix J2 to section 2.5.4 of both appendix J2 and the proposed 
new appendix J (``Water and air temperature measuring devices''), 
specifying the use of non-reversible temperature indicator labels in 
new section 2.5.4.1, and adding specifications for the use of 
submersible temperature loggers to new section 2.5.4.2 of both appendix 
J2 and the proposed new appendix J. 86 FR 49140, 49152.
    DOE received no comments in response to its proposal to move the 
description of allowable temperature measuring devices.
    For the reasons discussed above, DOE finalizes its proposal, 
consistent with the September 2021 NOPR, to allow the use of a 
submersible temperature logger in appendix J2 and new appendix J as an 
option to confirm that an Extra-Hot Wash temperature greater than the 
Extra-Hot Wash threshold has been achieved during the wash cycle. DOE 
also finalizes its proposal, consistent with the September 2021 NOPR, 
to restructure section 2.5.4 of appendix J2 and new appendix J as 
described.
6. Pre-Conditioning Requirements
    Section 2.11 of appendix J2 specifies the procedure for clothes 
washer pre-conditioning. The current preconditioning procedure requires 
that any clothes washer that has not been

[[Page 33330]]

filled with water in the preceding 96 hours, or any water-heating 
clothes washer that has not been in the test room at the specified 
ambient conditions for 8 hours, must be preconditioned by running it 
through a Cold Rinse cycle and then draining it to ensure that the 
hose, pump, and sump are filled with water. The purpose of pre-
conditioning is to promote repeatability and reproducibility of test 
results by ensuring a consistent starting state for each test, as well 
as to promote the representativeness of test results by ensuring that 
the clothes washer is operated consistent with the defined ambient 
conditions. In particular, the additional specification for water-
heating clothes washers was first suggested in a supplemental NOPR 
published on April 22, 1996, (``April 1996 SNOPR''), in which DOE 
expressed concern about the testing of water-heating clothes washers 
that may have been stored at a temperature outside of the specified 
ambient temperature range (75 [deg]F  5 [deg]F) prior to 
testing. 61 FR 17589, 17594-17595. DOE stated that the energy consumed 
in a water-heating clothes washer may be affected by the ambient 
temperature. Id. Thus, if the ambient temperature prior to and during 
testing is relatively hot, then less energy will be consumed than under 
typical operating conditions, i.e., the test would understate the 
clothes washer's energy consumption. Id. Conversely, if the ambient 
temperature prior to and during the test is relatively cold, then the 
test would overstate the clothes washer's energy consumption. Id. In 
the subsequent August 1997 Final Rule, DOE added the pre-conditioning 
requirement for water-heating clothes washers, which requires water-
heating units to be pre-conditioned if they had not been in the test 
room at ambient conditions for 8 hours. 62 FR 45484, 45002, 45009, 
45010.
    In the September 2021 NOPR, DOE expressed concern that the energy 
use of non-water-heating clothes washers could also be affected by the 
starting temperature of the clothes washer, particularly those that 
implement temperature control by measuring internal water temperatures 
during the wash cycle. 86 FR 49140, 49153. For example, if the ambient 
temperature prior to testing is relatively hot, causing the internal 
components of the clothes washer to be at a higher temperature than the 
specified ambient temperature range, less hot water may be consumed 
during the test than otherwise would be if the starting temperature of 
the clothes washer is within the specified ambient temperature range. 
Id. Noting that third-party test laboratories cannot necessarily 
identify whether a unit is a water-heating clothes washer or not, DOE 
proposed to require pre-conditioning for all clothes washers that have 
not been in the test room at the specified ambient condition for 8 
hours, regardless of whether the clothes washer is water-heating or 
non-water-heating. 86 FR 49140, 49153. DOE proposed to make this change 
only in new appendix J, due to the potential impact on the measured 
energy use. Id.
    DOE requested comment on this proposal and requested information 
regarding whether test laboratories typically pre-condition water-
heating and non-water-heating clothes washers using the same procedure. 
Id.
    DOE also proposed in the September 2021 NOPR to remove the 
definitions of ``water-heating clothes washer'' and ``non-water-heating 
clothes washer'' from section 1 of the proposed new appendix J, since 
the differentiation between these terms would no longer be needed.
    The Joint Commenters commented in support of DOE's proposal to 
specify preconditioning of all clothes washers before measurement in 
order to ensure reproducibility. (Joint Commenters, No. 31 at p. 10)
    Whirlpool commented that, pending results from investigative 
testing, Whirlpool tentatively agrees with DOE's proposal to require 
the pre-conditioning procedure for all clothes washers because it would 
reduce overall variation, and would remove any possible small advantage 
from leftover warm water or warmer components from the previous 
cycle(s). (Whirlpool, No. 26 at p. 6)
    For the reasons discussed above, DOE finalizes its proposal, 
consistent with the September 2021 NOPR, to require pre-conditioning 
for all clothes washers that have not been in the test room at the 
specified ambient condition for 8 hours, regardless of whether the 
clothes washer is water-heating or non-water-heating, in new appendix 
J. DOE also finalizes its proposal, consistent with the September 2021 
NOPR, to remove the definitions of ``water-heating clothes washer'' and 
``non-water-heating clothes washer'' from section 1 of new appendix J.

D. Cycle Selection and Test Conduct

1. Tested Load Sizes
    Table 5.1 of appendix J2 provides the minimum, average, and maximum 
load sizes to be used for testing based on the measured capacity of the 
clothes washer. The table defines capacity ``bins'' in 0.1 ft\3\ 
increments. The load sizes for each capacity bin are determined as 
follows:
     Minimum load is 3 pounds (``lb'') for all capacity bins;
     Maximum load (in lb) is equal to 4.1 times the mean 
clothes washer capacity of each capacity bin (in ft\3\); and
     Average load is the arithmetic mean of the minimum load 
and maximum load.
    These three load sizes are used for testing clothes washers with 
automatic water fill control systems (``WFCS''). Clothes washers with 
manual WFCS are tested with only the minimum and maximum load sizes.
a. Expanding the Load Size Table
    Table 5.1 of appendix J2 previously accommodated clothes washers 
with capacities up to 6.0 ft\3\. On May 2, 2016 and April 10, 2017, DOE 
granted waivers to Whirlpool and Samsung, respectively, for testing 
RCWs \25\ with capacities between 6.0 and 8.0 ft\3\, by further 
extrapolating Table 5.1 using the same equations to define the maximum 
and average load sizes as described above. 81 FR 26215; 82 FR 17229. 
DOE's regulations in 10 CFR 430.27 contain provisions allowing any 
interested person to seek a waiver from the test procedure requirements 
if certain conditions are met. A waiver requires manufacturers to use 
an alternate test procedure in situations where the DOE test procedure 
cannot be used to test the product or equipment, or where use of the 
DOE test procedure would generate unrepresentative results. 10 CFR 
430.27(a)(1). DOE's regulations at 10 CFR 430.27(l) require that as 
soon as practicable after the granting of any waiver, DOE will publish 
in the Federal Register a NOPR to amend its regulations so as to 
eliminate any need for the continuation of such waiver. As soon 
thereafter as practicable, DOE will publish in the Federal Register a 
final rule. 10 CFR 430.27(l).
---------------------------------------------------------------------------

    \25\ As noted, CCWs are limited under the statutory definition 
to a maximum capacity of 3.5 cubic feet for horizontal-axis CCWs and 
4.0 cubic feet for vertical-axis CCWs. (42 U.S.C. 6311(21))
---------------------------------------------------------------------------

    In the September 2021 NOPR, DOE proposed to expand Table 5.1 in 
both appendix J2 and the new appendix J to accommodate clothes washers 
with capacities up to 8.0 ft\3\. 86 FR 49140, 49153. In appendix J2, 
DOE proposed to expand Table 5.1 using the same equations as the 
current table, as described above, and consistent with the load size 
tables provided in the two granted waivers. Id. For the new appendix J, 
DOE proposed to expand Table 5.1 based on a revised

[[Page 33331]]

methodology for defining the load sizes, as further discussed in 
section III.D.1.b of this document. Id. DOE requested comment on its 
proposal to expand the load size table in both appendix J2 and the new 
appendix J to accommodate RCWs with capacities up to 8.0 ft\3\. Id.
    AHAM commented in support of DOE's proposal to expand the load size 
table in appendix J2 and new appendix J to accommodate clothes washers 
with capacities up to 8.0 ft\3\. (AHAM, No. 27 at p. 10)
    For the reasons stated above, DOE is finalizing its proposal, 
consistent with the September 2021 NOPR, to expand Table 5.1 in both 
appendix J2 and the new appendix J to accommodate clothes washers with 
capacities up to 8.0 ft\3\. DOE further discusses the termination of 
the subject waivers in section III.L of this document.
b. Defining New Load Sizes
    As discussed in the previous section, appendix J2 currently defines 
three load sizes for automatic clothes washers (minimum, average, and 
maximum) for each capacity bin in Table 5.1 of the appendix. The 
current load size definitions (i.e., the defining of three load sizes, 
and the equations used to determine each of the three load sizes) are 
based on consumer usage data analyzed during the test procedure 
rulemaking that culminated in the August 1997 Final Rule. As part of 
that rulemaking, AHAM presented to DOE data from the Procter & Gamble 
Company (``P&G'') showing the distribution of consumer load sizes for 
2.4 ft\3\ and 2.8 ft\3\ clothes washers, which represented typical 
clothes washer capacities at the time (``1995 P&G data'').\26\ The 1995 
P&G data indicated that the distribution of consumer load sizes 
followed an approximate normal distribution slightly skewed towards the 
lower end of the size range.
---------------------------------------------------------------------------

    \26\ The full data set presented by AHAM is available at 
www.regulations.gov/document/EERE-2006-TP-0065-0027.
---------------------------------------------------------------------------

    In response to the May 2020 RFI, the Northwest Energy Efficiency 
Alliance (``NEEA'') submitted a comment that cited data from a 2014 
Field Study published on November 10, 2014 (``2014 NEEA Field 
Study'').\27\ 86 FR 49140, 49156. The 2014 NEEA Field Study found an 
average clothes washer load size of 7.6 lb, which NEEA characterized as 
being close to the average load size of 8.5 lb that corresponds with 
the 2010 market-weighted average capacity of 3.5 ft\3\. Id. NEEA 
stated, however, that the market-weighted average capacity as of 2019 
has increased to 4.4 ft\3\, for which appendix J2 defines an average 
load size of 10.4 lb.\28\ Id. NEEA asserted that using a fixed average 
load size of 7.6 lb would increase representativeness, stating that the 
growing inconsistency between field-measured average load size and 
appendix J2-calculated average load size indicates that average load 
size is independent of clothes washer capacity and is relatively small. 
Id. NEEA also stated that using a fixed average load size would reduce 
test burden, since less work would be required by the laboratory to 
build an inventory of custom appendix J2-defined average loads for each 
clothes washer capacity. Id.
---------------------------------------------------------------------------

    \27\ Hannas, Benjamin; Gilman, Lucinda. 2014. Dryer Field Study 
(Report#E14 287). Portland, OR. Northwest Energy Efficiency 
Alliance. Available online at: neea.org/resources/rbsa-laundry-study.
    \28\ NEEA's estimate of 4.4 ft\3\ average capacity in 2019 is 
based on NEEA's 2019 ENERGY STAR Retail Products Platform data.
---------------------------------------------------------------------------

    As stated in the September 2021 NOPR, DOE did not agree with NEEA's 
conclusion that the 2014 NEEA field study confirms that the field 
average load size is independent of clothes container size and is 
relatively small. Id. In particular, NEEA did not present any field 
data demonstrating average consumer load sizes for a sample of clothes 
washers with an average capacity of 4.4 ft\3\. Id. Therefore, DOE 
stated in the September 2021 NOPR that no conclusions could be drawn 
from the 2014 NEEA Field Study regarding how consumer load sizes may 
have changed as average clothes washer capacity has increased from 
around 3.5 ft\3\ in 2010 to 4.4 ft\3\ in 2019. Id. While DOE agreed 
that using a fixed average load size could decrease test burden by 
avoiding the need to inventory different average load sizes for each 
possible capacity, for the reasons described above, DOE preliminarily 
concluded that the data provided by NEEA do not justify using a fixed 
average load size across all clothes container capacities. Id. DOE 
stated in the September 2021 NOPR that it is not aware of any more 
recent, nationally representative field data indicating that the 
consumer load size distribution in relation to clothes washer capacity 
has changed since the introduction of the three load sizes in the 
August 1997 Final Rule. 86 FR 49140, 49158.
    Given the increasing prevalence of more feature-rich clothes washer 
models that require a higher number of test cycles under appendix J2, 
DOE proposed in the September 2021 NOPR to reduce test burden by 
reducing the number of defined load sizes for the proposed new appendix 
J from three to two for clothes washers with automatic WFCS. 
Specifically, DOE proposed to replace the minimum, maximum, and average 
load sizes for automatic clothes washers with two new load sizes in the 
new appendix J, designated as ``small'' and ``large.'' 86 FR 49140, 
49157. The new proposed small and large load sizes would continue to 
represent the same roughly normal distribution presented in the 1995 
P&G data described previously. The weighted-average load size using the 
proposed small and large load sizes would match the weighted-average 
load size using the current minimum, average, and maximum load sizes. 
The small and large load sizes would represent approximately the 25th 
and 75th percentiles of the normal distribution, respectively. As 
proposed, the small and large load sizes would have equal load usage 
factors (``LUFs'') \29\ of 0.5.
---------------------------------------------------------------------------

    \29\ LUFs are weighting factors that represent the percentage of 
wash cycles that consumers run with a given load size and are 
discussed further in section III.G.5 of this document.
---------------------------------------------------------------------------

    Specifically, DOE proposed to calculate the ``small'' and ``large'' 
load sizes using Equation III.1 and Equation III.2, respectively. 86 FR 
49140, 49158.
[GRAPHIC] [TIFF OMITTED] TR01JN22.014


[[Page 33332]]


    In the September 2021 NOPR, DOE tentatively concluded that the new 
small and large load sizes would substantially reduce test burden while 
maintaining or improving representativeness. 86 FR 49140, 49153. DOE's 
proposal would reduce test burden under the new appendix J by requiring 
only two load sizes to be tested instead of three for clothes washers 
with automatic WFCS. Id. 86 FR at 49158. Specifically, the number of 
cycles tested would be reduced by 33 percent for clothes washers with 
automatic WFCS, which represent a large majority of clothes washers on 
the market. Id. DOE tentatively concluded that this proposal would 
maintain representativeness because the new proposed small and large 
load sizes would continue to represent the same roughly normal 
distribution presented in the 1995 P&G data described previously. Id. 
at 86 FR 49157. The weighted-average load size using the proposed small 
and large load sizes would match the weighted-average load size using 
the current minimum, average, and maximum load sizes, and thus would 
produce test results with equivalent representativeness. 86 FR 49140, 
49158. Further, defining the small and large loads to represent 
approximately the 25th and 75th percentiles of the normal distribution 
could improve representativeness by balancing the goal of capturing as 
large of a load size range as possible while remaining representative 
of the ``peak'' of the load distribution curve, which represents the 
most frequently used load sizes. Id.
    As noted in the September 2021 NOPR, clothes washers with manual 
WFCS are tested only with the minimum and maximum load sizes, in 
contrast to clothes washers with automatic WFCS, which are tested with 
all three load sizes in appendix J2. 86 FR 49140, 49158. Given DOE's 
proposal to define only two load sizes in the proposed new appendix J, 
DOE proposed in the September 2021 NOPR that the same two load sizes be 
used for all clothes washers, regardless of whether a clothes washer's 
WFCS is automatic or manual. Id.
    DOE requested comment on its proposal to replace the minimum, 
maximum, and average load sizes with the small and large load sizes in 
the new appendix J. 86 FR 49140, 49158-49159. DOE sought comment on how 
reducing the number of load sizes tested would impact the 
representativeness of test results. Id. DOE also requested data and 
information to quantify the reduction in test burden that would result 
from reducing the number of load sizes from three to two for clothes 
washers with automatic WFCS. Id.
    The Joint Commenters, CA IOUs, and Joint Efficiency Advocates 
expressed concern that the 1995 P&G data used to determine the 
representative load sizes for new appendix J are out of date. (Joint 
Commenters, No. 31 at pp. 8-9; CA IOUs, No. 29 at pp. 3-5; Joint 
Efficiency Advocates, No. 28 at pp. 4-5) The Joint Commenters and Joint 
Efficiency Advocates further commented that capacities represented in 
the P&G study (2.4 and 2.8 ft\3\) are much smaller than the current 
market average of 4.4 ft\3\, and asserted that extrapolation of the P&G 
data may not be appropriate, especially as DOE proposes to extend its 
test procedure to include basket sizes from 6.0 to 8.0 ft\3\. (Joint 
Commenters, No. 31 at pp. 8-9; Joint Efficiency Advocates, No. 28 at 
pp. 4-5) The CA IOUs noted that, at the time of the 1995 P&G Study, the 
``regular'' 2.4 ft\3\ and ``large'' 2.8 ft\3\ clothes washers had 
average load sizes of 5.7 lb and 6.7 lb, respectively; but as the 
average tub volume has since increased to almost 4.0 ft\3\, the average 
clothes washer on the market today uses a weighted-average test load 
size of 9.7 lb. (CA IOUs, No. 29 at pp. 3-5) The Joint Commenters also 
commented that clothes washers in 1995, when the P&G study was 
published, were much less feature rich than today, and that the P&G 
study may not represent consumer choice about load size on modern 
clothes washers. (Joint Commenters, No. 31 at pp. 8-9) The Joint 
Commenters stated as an example that consumers may separate a single 
load into multiple smaller loads to tailor the available washing cycles 
to the textiles. (Id.)
    The CA IOUs presented data from a forthcoming paper titled ``PG&E 
Home Energy Use Study--Laundry Weight Report,'' (``2021 PG&E data''), 
which surveyed 97 California households and which the CA IOUs 
characterized as finding no significant relationship between clothes 
washer capacity and load size. (CA IOUs, No. 29 at pp. 3-5) The CA IOUs 
commented that these findings from the PG&E study align with comments 
made by NEEA and the Joint Efficiency Advocates \30\ in response to the 
May 2020 RFI, which the CA IOUs characterized as also finding no 
correlation between clothes washer capacity and load size. (Id.) The CA 
IOUs further commented that the findings from the 2021 PG&E data do not 
reflect what is represented in Table 5.1 of appendix J2 and new 
appendix J. (Id.) In their comment on the September 2021 NOPR, the CA 
IOUs categorized the 2021 PG&E data by capacity: Clothes washers with 
capacities less than 4.0 ft\3\, clothes washers with capacities between 
4.0 and 5.0 ft\3\, and clothes washers with capacities greater than 5.0 
ft\3\. (Id.) Each capacity category showed a roughly normal 
distribution in load size, but the average load size was roughly the 
same for all three categories: 8.01 lb for clothes washers smaller than 
4.0 ft\3\, 8.34 lb for clothes washers between 4.0 and 5.0 ft\3\, and 
7.17 for clothes washers larger than 5.0 ft\3\. (Id.) The CA IOUs 
commented that, in contrast, Table 5.1 in new appendix J would define 
load sizes of 8.25 lb for clothes washers smaller than 4.0 ft\3\, 10.28 
lb for clothes washers between 4.0 and 5.0 ft\3\, and 12.28 for clothes 
washers larger than 5.0 ft\3\. (Id.)
---------------------------------------------------------------------------

    \30\ In the September 2021 NOPR, the set of joint commenters 
including Appliance Standards Awareness Project, American Council 
for an Energy-Efficient Economy, Consumer Federation of America, and 
Natural Resources Defense Council was abbreviated as the ``Joint 
Commenters'' and this is how the CA IOUs refer to them in their 
comment. In this document, that same set of commenters is 
abbreviated as the ``Joint Efficiency Advocates,'' and are therefore 
referred to as such here.
---------------------------------------------------------------------------

    The Joint Efficiency Advocates also commented that using the 
proposed large and small load sizes continues to result in test loads 
for large-capacity washers being significantly greater than those for 
smaller clothes washers. (Joint Efficiency Advocates, No. 28 at pp. 4-
5) For example, the small and large loads for a 6.0 ft\3\ clothes 
washer are 7.74 and 19.44 lb, respectively, compared to load sizes of 
5.49 and 11.64 lb, respectively, for a 3.5 ft\3\ clothes washer. (Id.) 
The Joint Efficiency Advocates commented that a large difference in 
load sizes between capacities is not consistent with the 2014 NEEA 
Field Study or with the 2021 PG&E data presented by the CA IOUs in 
response to the September 2021 NOPR. (Id.) The Joint Efficiency 
Advocates expressed concern that larger capacity clothes washers may be 
less efficient than smaller capacity clothes washers when washing a 
load of 7 to 8 lb, which they asserted is a load size more 
representative of real-world conditions. (Id.) The Joint Efficiency 
Advocates also referenced a 2020 report published by NEEA titled 
``Coming Clean: Revealing Real-World Efficiency of Clothes Washers'' 
\31\ (``2020 NEEA Report''), which presented test results from 12 RCWs 
and suggested that an efficiency rank order change was observed when 
testing the appendix J2-specified maximum load versus a

[[Page 33333]]

constant load of 8.45 lb. (Id.) The Joint Efficiency Advocates 
summarized an example from the 2020 NEEA Report showing that among 
front-loading RCWs, the largest unit in the sample demonstrated the 
most efficient performance at the maximum load, but the least efficient 
performance using the constant 8.45 lb load. (Id.)
---------------------------------------------------------------------------

    \31\ Foster Porter, Suzanne; Denkenberger, Dave. 2020. Coming 
Clean: Revealing Real-World Efficiency of Clothes Washers. Portland, 
OR. Northwest Energy Efficiency Alliance. Available online at: 
neea.org/resources/coming-clean-revealing-real-world-efficiency-of-clothes-washers.
---------------------------------------------------------------------------

    The Joint Commenters commented that they understand DOE's reasons 
for rejecting the data from the 2014 NEEA Field Study on the grounds 
that they are regional and seasonal in nature, and that they represent 
a limited sample size. (Joint Commenters, No. 31 at pp. 8-9) The CA 
IOUs expressed a similar sentiment, and stated that they acknowledge 
DOE's concerns regarding the potential limitations of regional studies 
such as the ones presented by the CA IOUs' in response to the May 2020 
RFI. (CA IOUs, NO. 29 at pp. 3-5)
    The Joint Commenters, CA IOUs, and Joint Efficiency Advocates 
recommended that DOE conduct further investigation regarding load 
sizes. (Joint Commenters, No. 31 at pp. 8-9; CA IOUs, No. 29 at pp. 3-
5; Joint Efficiency Advocates, No. 28 at pp. 4-5) The Joint Commenters 
and CA IOUs recommended that, before the next clothes washer test 
procedure update, DOE should commission a nationally representative 
field laundry study to improve representativeness of modern load sizes. 
(Joint Commenters, No. 31 at pp. 8-9; CA IOUs, No. 29 at pp. 3-5) The 
Joint Efficiency Advocates encouraged DOE to investigate the 
relationship between clothes washer capacity and energy/water use at a 
constant load size and to consider specifying constant load sizes 
across all capacities. (Joint Efficiency Advocates, No. 28 at pp. 4-5)
    Additionally, the Joint Commenters commented that there was no 
information available on the 1995 P&G study to confirm whether the 
study was nationally, annually, and statistically representative of 
households in the U.S. (Joint Commenters, No. 31 at pp. 8-9) The Joint 
Commenters expressed concern that the P&G study may not be more 
geographically and seasonally relevant than the more recent NEEA 
laundry study. (Id.) The Joint Commenters also added that NEEA is 
planning to update its regional laundry study and would welcome a 
conversation with DOE to determine how its regional data could be made 
more relevant or complementary to DOE's own study. (Id.)
    AHAM commented that it appreciates DOE's proposal to reduce the 
number of load sizes tested from three to two, stating that at a first 
glance, it appears that DOE's proposed new load sizes will reduce test 
burden. (AHAM, No. 27 at p. 4) AHAM commented, however, that it must 
complete its testing in order to more holistically evaluate DOE's 
proposal and provide feedback to DOE on the reduction in test burden 
and the representativeness of test results. (Id.) AHAM added that the 
proposed new load sizes could lead to a need for significant product 
redesign, and could potentially impact RMC. (Id.)
    Samsung recommended that DOE continue to use three test load sizes. 
(Samsung, No. 30 at pp. 2-3) Samsung explained that while reducing the 
number of load sizes would reduce test burden and represent the same 
statistical load usage distribution as in appendix J2, automatic WFCSs 
have been generally designed to detect three to four discrete load 
levels (e.g., minimum, average, maximum, and full). (Id.) Samsung 
expressed concern that reducing the test load to two sizes could result 
in manufacturers changing the load detection algorithm designs to 
detect a lower number of discrete load levels, which could increase the 
amount of water and energy use by consumers. (Id.) Samsung further 
explained that changing from three to two load sizes could result in 
clothes washers using a larger amount of water than necessary for loads 
smaller than the ``small'' load, and more water for loads larger than 
the ``large'' load. (Id.)
    P.R. China recommended that DOE increase the proposed large load 
size. (P.R. China, No. 25 at p. 3) P.R. China commented that, since the 
proposed small and large load sizes are relatively smaller than the 
current average and maximum load sizes, they only evaluate the energy 
consumption of a clothes washer that is loaded with half or less of the 
full capacity. (Id.) P.R. China expressed concern that using the 
proposed small and large load sizes would not be reflective of energy 
consumption for a clothes washer that is heavily or fully loaded, which 
P.R. China asserted is more common in normal use. (Id.)
    DOE greatly appreciates the additional consumer usage data provided 
by commenters and submitted to the docket for DOE's consideration. The 
2021 PG&E data suggests that a roughly normal distribution of load 
sizes remains applicable across the range of clothes washer capacities 
represented in the report (roughly 3.3 to 5.3 ft\3\), consistent with 
the trend from the 1995 P&G data. DOE also acknowledges that the 
results of the 2021 PG&E data are suggestive that consumers may not be 
consistently loading larger capacity machines with proportionately 
larger load sizes (on average), as is implied by the relationship 
between load sizes and capacity defined in Table 5.1 of appendix J2. 
DOE remains concerned, however, that the 2021 PG&E data is not 
nationally representative. DOE would expect clothing load composition 
to vary significantly among regions of the United States (e.g., warmer 
and colder climates, urban and rural households), which could coincide 
with different load size patterns in clothes washer usage. DOE is also 
mindful that population demographics (e.g., household size, age of 
household members, etc.) could also affect laundry usage patterns. DOE 
also notes that the results from the 2021 PG&E data conflict with 2016 
PG&E data presented previously by the CA IOUs in response to the May 
2020 RFI, which suggested that consumer average load sizes for clothes 
washers in the range of 2 to 5 ft\3\ capacity are larger than the 
appendix J2 load sizes. 86 FR 49140, 49157. The conflicting conclusions 
between the submitted reports as well as their limited geographic 
representation do not provide sufficient justification for DOE to 
change the relationship of load size with capacity at this time.
    DOE continues to welcome additional data that could be used to 
inform future changes to the test load sizes. DOE potentially would 
consider a collection of diverse regional studies as a proxy for a 
single nationally representative data set. As suggested by the Joint 
Commenters, DOE welcomes further dialogue to determine how additional 
regional data could be made more relevant or complementary to DOE's 
consideration of potential further amendments to the test procedure.
    DOE also appreciates AHAM's intention to provide test data for DOE 
to consider when it becomes available. DOE reiterates that any impacts 
to measured energy, however minor, as a result of changes to the load 
size definitions were accounted for in the crosswalk between the 
appendix J2 and appendix J metrics developed for the September 2021 RCW 
Standards Preliminary Analysis. DOE will continue to consider any such 
impacts in future stages of the standards rulemaking.
    In response to Samsung's concern that reducing the number of load 
sizes to two could result in manufacturers changing the load detection 
algorithms in way that could increase water and energy use, DOE 
acknowledges that the small and large load sizes proposed for appendix 
J represent a narrower range than the range represented by the

[[Page 33334]]

minimum and maximum load sizes specified in appendix J2.\32\ DOE 
expects that any changes that manufacturers would make to the load 
detection algorithms to optimize performance when tested to appendix J 
(which Samsung asserted could result in fewer discrete water fill 
levels) would be balanced against consumer expectation that when using 
an adaptive fill setting, the quantity of water determined by the 
clothes washer appropriately matches the size of the load. Changing the 
test procedure load size definitions does not preclude clothes washer 
manufacturers from designing load sensing algorithms from detecting any 
number of discrete load levels. DOE further notes that the historical 
data and more recent data discussed in this section indicate that 
consumer load size distribution follows a roughly normal distribution. 
Any impacts due to the type of load detection changes described by 
Samsung would be expected to affect the ``tail ends'' of the normal 
distribution, which by definition represent relatively low consumer 
usage; i.e., the very small and very large load sizes that could be 
impacted are not as representative of average consumer use as the range 
of load sizes represented by the small and large load sizes as 
proposed. Weighing all of these factors, DOE has determined that the 
use of two load sizes as proposed in the September 2021 NOPR provides a 
reasonable balance between considerations of representativeness and 
test burden as required by EPCA. 42 U.S.C. 6293(b)(3); 42 U.S.C. 
6314(a)(2)
---------------------------------------------------------------------------

    \32\ As discussed, the small and load sizes proposed for 
appendix J are defined at approximately the 25th and 75th 
percentiles of the normal distribution, respectively; whereas the 
minimum and maximum load sizes under appendix J2 are defined at 
approximately the 14th and 88th percentiles of the normal 
distribution, respectively, as described in the September 2021 NOPR. 
86 FR 49140, 49154.
---------------------------------------------------------------------------

    In response to P.R. China's comment on the distribution of load 
sizes, DOE does not agree with the assertion that small and large load 
sizes as proposed in the September 2021 NOPR represent half or less 
than half of the full capacity. As proposed, the large load size in 
appendix J represents roughly 80 percent of the maximum load size 
defined in appendix J2; i.e., roughly 80 percent of the full capacity 
of a clothes washer.\33\ As discussed, historical and recent data 
indicate that U.S. consumer load size distribution follows a roughly 
normal distribution, such that the maximum load size is much less 
commonly used than the load sizes proposed for appendix J.
---------------------------------------------------------------------------

    \33\ DOE assumes that the maximum load size defined in appendix 
J2 represents 100 percent full capacity.
---------------------------------------------------------------------------

    Taking into consideration the discussion presented in the September 
2021 NOPR, comments submitted by interested parties in response to 
DOE's proposals, and DOE's analysis and response to comments, DOE 
finalizes its proposal, consistent with the September 2021 NOPR, to 
replace the minimum, maximum, and average load sizes with the small and 
large load sizes in new appendix J. As discussed, DOE welcomes any 
opportunities to continue working with interested parties to collect 
nationally representative data on the relationship between load size 
and capacity. DOE reiterates that any impacts to measured energy as a 
result of changes to the tested load sizes will be accounted for in the 
crosswalk between the appendix J2 and appendix J metrics as part of the 
ongoing standards analysis, such that DOE does not expect the changes 
implemented in this final rule to require significant product redesign.
2. Water Fill Setting Selections for the Proposed Load Sizes
    Section 3.2.6 of appendix J2 prescribes the water fill setting 
selections to use with each load size based on the type of WFCS on the 
clothes washer. As discussed in section III.D.1.b of this document, 
consistent with the proposal in the September 2021 NOPR, DOE is 
defining new small and large load sizes in appendix J, in contrast to 
the minimum, maximum, and average load sizes defined in appendix J2. 86 
FR 49140, 49159-49160. To test clothes washers using these new small 
and large load sizes, the appropriate water fill setting selections 
also needs to be provided in the new appendix J for each load size for 
each type of WFCS.
    Appendix J2 defines two main types of WFCS: Manual WFCS, which 
``requires the user to determine or select the water fill level,'' and 
automatic WFCS, which ``does not allow or require the user to determine 
or select the water fill level, and includes adaptive WFCS and fixed 
WFCS.'' Sections 1.22 and 1.5 of appendix J2, respectively. Section 
3.2.6.2 of appendix J2 further distinguishes between user-adjustable 
and not-user-adjustable automatic WFCS. Additionally, section 3.2.6.3 
of appendix J2 accommodates clothes washers that have both an automatic 
WFCS and an alternate manual WFCS. Amendments to the definitions of 
fixed WFCS and user-adjustable WFCS are further discussed in section 
III.H.3.a of this document.
    Section 3.2.6.1 of appendix J2 specifies that clothes washers with 
a manual WFCS are set to the maximum water level available for the wash 
cycle under test for the maximum test load size and the minimum water 
level available for the wash cycle under test for the minimum test load 
size.
    Section 3.2.6.2.1 of appendix J2 specifies that clothes washers 
with non-user-adjustable automatic WFCS are tested using the specified 
maximum, minimum, and average test load sizes, and that the maximum, 
minimum, and average water levels are selected by the control system 
when the respective test loads are used (i.e., no selection of water 
fill level is required by the user).
    Section 3.2.6.2.2 of appendix J2 specifies that clothes washers 
with user-adjustable automatic WFCS undergo four tests. The first test 
is conducted using the maximum test load and with the automatic WFCS 
set in the setting that will give the most energy intensive result. The 
second test is conducted with the minimum test load and with the 
automatic WFCS set in the setting that will give the least energy 
intensive result. The third test is conducted with the average test 
load and with the automatic WFCS set in the setting that will give the 
most energy intensive result for the given test load. The fourth test 
is conducted with the average test load and with the automatic WFCS set 
in the setting that will give the least energy intensive result for the 
given test load. The energy and water consumption for the average test 
load and water level are calculated as the average of the third and 
fourth tests.
    In the September 2021 NOPR, DOE proposed to specify the use of the 
second-lowest water fill level setting for the proposed small load 
size, and the maximum water fill level setting for the proposed large 
load size for clothes washers with manual WFCS. 86 FR 49140, 49159. DOE 
proposed to use the second-lowest water fill level setting for the 
proposed small size because the proposed small load is larger than the 
current minimum load, and using the minimum water fill setting for the 
larger-sized ``small'' load may not be representative of consumer use, 
particularly because consumers tend to select more water than is 
minimally necessary for the size of the load being washed. Id. Although 
DOE was not aware of any clothes washers with manual WFCS currently on 
the market with only two water fill level settings available, DOE also 
proposed to accommodate such a design by specifying that if the water 
fill level selector has two settings available for the wash cycle under 
test, the minimum

[[Page 33335]]

water fill level setting would be selected for the small load size, 
consistent with the current specification in appendix J2. Id.
    To accommodate the proposed ``small'' and ``large'' load sizes in 
the new appendix J, DOE proposed to require testing clothes washers 
with user-adjustable WFCS using the small test load size at the setting 
that provides the least energy-intensive \34\ result, and the large 
test load size at the setting that provides the most energy-intensive 
result. Id. This proposal captures the same range of water fill 
performance as the current test procedure (i.e., capturing the range of 
least-intensive to most-intensive results). Id.
---------------------------------------------------------------------------

    \34\ As described in section III.H.3.b of this document, DOE is 
updating the phrase ``the setting that will give the most energy-
intensive result'' to ``the setting that uses the most water'' (and 
likewise for the setting that will give the least energy-intensive 
result) to reflect the original intent of this provision.
---------------------------------------------------------------------------

    For clothes washers with non-user-adjustable automatic WFCS, no 
changes are required because the water fill levels are determined 
automatically by the WFCS.
    DOE requested comment on its proposal to change the water fill 
level selections in the new appendix J for clothes washers with manual 
and user-adjustable automatic WFCS to reflect the proposed small and 
large test load sizes. 86 FR 49140, 49160.
    The Joint Commenters commented in support of DOE's proposed water 
fill level selections for manual WFCSs in new appendix J. (Joint 
Commenters, No. 31 at p. 10). The Joint Commenters commented that DOE's 
proposal establishes a reasonable representation of normal consumer use 
given the load sizes proposed in new appendix J. (Id.)
    Although AHAM did not comment specifically on the proposed changes 
to the water fill level selections, AHAM did comment on DOE's proposed 
definitions for certain types of WFCSs. DOE summarizes and addresses 
these comments in section III.H.3.a of this document.
    For the reasons stated above, DOE finalizes its proposal, 
consistent with the September 2021 NOPR, to change the water fill level 
selections in the new appendix J for clothes washers with manual and 
user-adjustable automatic WFCS to reflect the proposed small and large 
test load sizes.
3. Determination of Warm Wash Tested Settings
    Section 3.5 of appendix J2 states that if a clothes washer has four 
or more Warm Wash/Cold Rinse (``Warm/Cold'') temperature selections, 
either all discrete selections shall be tested, or the clothes washer 
shall be tested at the 25-percent, 50- percent, and 75-percent 
positions of the temperature selection device between the hottest hot 
(<=135 [deg]F (57.2 [deg]C)) wash and the coldest cold wash. If a 
selection is not available at the 25-, 50- or 75-percent position, in 
place of each such unavailable selection, the next warmer temperature 
selection shall be used. DOE refers to the latter provision as the 
``25/50/75 test.'' Section 3.6 of appendix J2 states that the 25/50/75 
test provision also applies to the Warm Wash/Warm Rinse (``Warm/Warm'') 
temperature selection.
    DOE first established the 25/50/75 test in appendix J1 as part of 
the August 1997 Final Rule to address the test burden for clothes 
washers that offer a large number of warm wash temperature selections, 
if the test procedure were to require testing all warm temperature 
selections. 62 FR 45484, 45497. In the August 1997 Final Rule, DOE 
considered clothes washers with more than three warm wash temperatures 
to be clothes washers with infinite warm wash temperature selections, 
therefore allowing them to also use the 25/50/75 test. 62 FR 45484, 
45498. DOE concluded at that time that testing at the various test 
points of the temperature range, with a requirement to test to the next 
higher selection if a temperature selection is not available at a 
specified test point, would provide data representative of the warm 
wash temperature selection offerings. Id.
    In the September 2021 NOPR, DOE noted that the 25/50/75 test was 
adopted before the widespread use of electronic controls, which now 
allow for the assignment of wash water temperatures that may not 
reflect the physical spacing between temperature selections on the 
control panel. 86 FR 49140, 49160. For example, with electronic 
controls, the 25-percent, 50-percent, and 75-percent positions on the 
dial may not necessarily correspond to 25-percent, 50-percent, and 75-
percent temperature differences between the hottest and coldest 
selections. Id. DOE is aware of clothes washers on the market with four 
or more warm wash temperature selections, in which the temperature 
selections located at the 25-, 50-, and 75- percent positions are low-
temperature cycles that have wash temperatures only a few degrees 
higher than the coldest wash temperature; whereas the temperature 
selection labeled ``Warm'' is located beyond the 75-percent position on 
the temperature selection dial and is therefore not included for 
testing under the 25/50/75 test. Id.
    In the September 2021 NOPR, DOE proposed to require testing of both 
the hottest Warm/Cold setting and the coldest Warm/Cold setting for all 
clothes washers in the new appendix J instead of the current provisions 
to either test all warm wash selections or conduct the 25/50/75 test. 
86 FR 49140, 49161. Water consumption, electrical energy consumption, 
and all other measured values \35\ would be averaged between the two 
tested cycles to represent the Warm/Cold cycle. Id. DOE proposed to 
make the same changes to the Warm/Warm cycle in the new appendix J. Id. 
DOE's proposal would decrease the test burden under the new appendix J 
for clothes washers that offer more than two Warm/Cold or Warm/Warm 
temperature settings, which DOE estimates represent around half of the 
market, by reducing the number of Warm/Cold and Warm/Warm tested cycles 
from three to two. Id.
---------------------------------------------------------------------------

    \35\ As discussed in sections III.D.4.a and III.D.5 of this 
document, DOE is requiring measurements of wet weight, and cycle 
time for each tested cycle under new appendix J.
---------------------------------------------------------------------------

    Because this proposed approach may change the measured energy use 
of clothes washers that offer more than two Warm/Cold or Warm/Warm 
settings, the proposed edits were not proposed for appendix J2 and 
therefore would not affect the measured efficiency of existing clothes 
washers. Id. As discussed previously, any impacts to measured energy as 
a result of changes to the required warm wash settings were accounted 
for in the crosswalk between the appendix J2 and appendix J metrics 
developed for the September 2021 RCW Standards Preliminary Analysis. 
DOE will continue to consider any such impacts in future stages of the 
standards rulemaking.
    In the September 2021 NOPR, DOE tentatively concluded that the 
proposed approach in the new appendix J would maintain 
representativeness by continuing to capture the complete range of Warm 
Wash temperatures available for selection (i.e., by relying on an 
average of the hottest Warm/Cold setting and the coldest Warm/Cold 
setting). Id. For models that are currently tested using the 25/50/75 
test and for which certain ``Warm'' settings are located beyond the 75-
percent position on the temperature selection dial and therefore not 
included for testing, DOE's proposal would capture entire range of 
available Warm Wash temperatures available to the consumer, and 
therefore would improve representativeness. Id.
    In the September 2021 NOPR, DOE requested comment on the proposal 
to

[[Page 33336]]

require in the new appendix J testing only the hottest and the coldest 
Warm/Cold settings. Id. DOE also requested data and information on how 
this proposed change to the Warm Wash temperature settings required for 
testing would impact representativeness, testing costs, and 
manufacturer burden. Id.
    The Joint Efficiency Advocates commented that DOE's proposal to 
require testing on the hottest Warm/Cold and coldest Warm/Cold settings 
for all clothes washers instead of the ``25/50/75'' test will more 
accurately reflect energy usage of Warm Wash settings while decreasing 
burden. (Joint Efficiency Advocates, No. 28 at pp. 2-3)
    The Joint Commenters commented in support of DOE's proposal to test 
and average the hottest and coldest Warm/Cold temperatures and 
encouraged DOE to apply an identical approach to clothes washers with 
Warm/Warm settings. (Joint Commenters, No. 31 at pp. 3-4) The Joint 
Commenters further agreed with DOE's tentative determination that DOE's 
proposal concerning Warm/Cold testing would reduce test burden by 
eliminating test runs for clothes washers with more than two Warm/Cold 
settings, and increase representation of typical hot water use of 
clothes washer by testing temperature selections that would not have 
been tested using the 25/50/75 rule. (Id.)
    AHAM commented that, while it appreciates DOE's attempt to ease 
testing burden in its proposal by only requiring testing on the hottest 
and coldest Warm/Cold settings for all clothes washers, using only 
coldest and hottest of the warm cycles could increase the measured 
water heating energy in the IMEF calculation. (AHAM, No. 27 at pp. 10-
11) AHAM asserted that in order to offset this increase in water 
heating energy, the hottest warm setting would need to be redesigned 
with a reduced temperature, resulting in the hottest warm setting being 
cooler than what consumers expect for a warm setting. (Id.) AHAM also 
commented that additional testing is required to determine whether 
detergents, especially laundry pods, will dissolve as well at lower 
temperatures. (Id.) Lastly, AHAM stated that this change will impact 
measured energy and commented that this impact needs to be accounted 
for in any energy conservation standard that DOE develops. (Id.)
    Whirlpool commented that DOE's proposal to require testing on the 
hottest and coldest Warm/Cold temperatures may eliminate the ability of 
manufacturers to offer a warm and/or hot wash setting for consumers 
that meets the temperature level(s) and performance that they expect on 
their clothes washer, especially from Warm/Cold temperature settings. 
(Whirlpool, No. 26 at pp. 7-8) Whirlpool added that these impacts could 
also become compounded by any amendment to clothes washer standards. 
(Id.) Whirlpool also expressed concern that lower warm and/or hot wash 
temperatures could impact cleaning performance since most detergents, 
especially lower cost detergents and laundry pods, are designed to be 
most effective at current wash temperatures. (Id.)
    DOE notes that the reservations expressed by AHAM and Whirlpool are 
related to the impact on measured energy as a result of this proposed 
amendment to the test procedure. As discussed previously, impacts on 
measured energy use between the then-current appendix J2 and the 
proposed appendix J test procedures were factored into the crosswalk 
relating the appendix J2 and appendix J metrics developed for the 
September 2021 RCW Standards Preliminary Analysis, such that DOE does 
not expect the changes implemented in this final rule to require any 
significant changes to wash water temperatures. In particular, any 
increase in measured energy as a result of this amendment would be 
factored into the crosswalk (i.e., manufacturers would not necessarily 
be required to decrease wash temperatures to ``offset'' any increase in 
measured energy under appendix J).
    Specifically, as presented in Table 5.3.7 in chapter 5 of the 
preliminary TSD, DOE determined through testing that this amendment 
would result in a 17 percent increase, on average, in the water heating 
energy use for clothes washers with 3 or more Warm/Cold temperature 
settings, in which the two coldest Warm/Cold temperatures use much less 
hot water than the hottest Warm/Cold temperature. This increase was 
factored into the metric translations.
    In response to the Joint Commenters' request that DOE consider 
applying an identical approach to clothes washers with Warm/Warm 
settings, DOE's proposal in the September 2021 NOPR applied to both 
Warm/Cold and Warm/Warm settings.
    For the reasons discussed, DOE finalizes its proposal, consistent 
with the September 2021 NOPR, to require in the new appendix J testing 
only the hottest and the coldest Warm/Cold and Warm/Warm settings. DOE 
reiterates that any impacts to measured energy as a result of changes 
to the tested warm wash settings will be accounted for in the crosswalk 
between the appendix J2 and appendix J metrics as part of the ongoing 
standards analysis, such that DOE does not expect the changes 
implemented in this final rule to require any significant changes to 
wash water temperatures.
4. Remaining Moisture Content
    Section 3.8.4 of appendix J2 requires that for clothes washers that 
have multiple spin settings \36\ available within the energy test cycle 
that result in different RMC values, the maximum and minimum extremes 
of the available spin settings must be tested with the maximum load 
size on the Cold/Cold temperature selection.\37\ The final RMC is the 
weighted average of the maximum and minimum spin settings, with the 
maximum spin setting weighted at 75 percent and the minimum spin 
setting weighted at 25 percent. The RMC measurement is used to 
calculate the drying energy component of IMEF. On most clothes washers, 
the drying energy component represents the largest portion of energy 
captured in the MEFJ2 and IMEF metrics.
---------------------------------------------------------------------------

    \36\ The term ``spin settings'' refers to spin times or spin 
speeds. The maximum spin setting results in a lower (better) RMC.
    \37\ On clothes washers that provide a Warm Rinse option, 
appendix J2 requires that RMC be measured on both Cold Rinse and 
Warm Rinse, with the final RMC calculated as a weighted average 
using TUFs of 73 percent for Cold Rinse and 27 percent for Warm 
Rinse. DOE has observed very few clothes washer models on the market 
that offer Warm Rinse. For simplicity throughout this discussion, 
DOE references the testing requirements for clothes washers that 
offer Cold Rinse only.
---------------------------------------------------------------------------

a. Revised Calculation
    In the September 2021 NOPR, DOE tentatively concluded that the 
current method of measuring RMC may no longer produce test results that 
measure energy and water use during a representative average use cycle 
or period of use, particularly as the prevalence of clothes washers 
with complex electronic controls continues to increase in the market. 
86 FR 49140, 49162. On a clothes washer with basic controls (e.g., in 
which the available spin settings are the same regardless of what wash/
rinse temperature is selected), measuring RMC using only the Cold/Cold 
cycle would be expected to provide RMC results that are equally 
representative of the other available wash/rinse temperatures, which as 
noted comprise the majority of consumer cycle selections. Id. However, 
on a clothes washer in which the selection of wash/rinse temperature 
affects which spin settings are available to be selected, measuring RMC 
using

[[Page 33337]]

only the Cold/Cold cycle may not necessarily provide results that 
measure energy and water use during a representative average use cycle 
or period of use (i.e., across the range of wash/rinse temperature 
options selected by consumers, as represented by the temperature use 
factors). Id. For example, data presented by NEEA in response to the 
May 2020 RFI suggested that the specific cycle configuration from which 
RMC is measured is programed with a longer spin time than other 
temperature settings available to the consumer, resulting in a 
significantly better RMC measurement than would be experienced by the 
consumer on the majority of wash cycles performed. Id.
    In the September 2021 NOPR, DOE proposed an amended method for 
measuring RMC in the new appendix J that would require measuring RMC on 
each of the energy test cycles using the default spin settings, and 
determining the final RMC by weighting the individual RMC measurements 
using the same Temperature Usage Factors (``TUFs'') \38\ and LUFs that 
apply to the water and energy measurements. Id. DOE asserted that the 
proposed update to the RMC measurement would provide a more 
representative measure of RMC than the current test procedures because 
RMC would be measured on all of the energy test cycles rather than only 
the Cold/Cold cycles, which represent only 37 percent of consumer 
cycles and may not share the same RMC performance as the other 63 
percent of consumer cycles.\39\ Id. DOE also tentatively concluded that 
this proposal would reduce overall test burden. 86 FR 49140, 49163. The 
proposal would require weighing the cloth before and after each test 
cycle, but would avoid the need to perform extra cycles for capturing 
both the maximum and minimum spin settings available on the clothes 
washer if such spin settings are not activated by default as part of 
the energy test cycle. Id. To DOE's knowledge, many laboratories 
already measure and record the test load weight after each test cycle 
as a means for identifying potential cycle anomalies or to provide 
additional data that can be used to verify quality control 
retrospectively. Id. In cases where a laboratory currently does not 
measure the weight after completion of the cycle, DOE's proposal would 
incur a de minimis amount of additional time to weigh the load after 
the cycle, which can be performed using the same scale used to weigh 
the load at the beginning of the cycle.
---------------------------------------------------------------------------

    \38\ As described in more detail in section III.G.4 of this 
document, TUFs are weighting factors that represent the percentage 
of time that consumers choose a particular wash/rinse temperature 
selection for the wash cycle.
    \39\ 37 percent is the TUF for the Cold/Cold temperature 
selection as specified in Table 4.1.1 of appendix J2.
---------------------------------------------------------------------------

    DOE acknowledged that its proposal would likely impact the measured 
RMC value and thus would impact a clothes washer's IMEF value. 86 FR 
49140, 49163. Therefore, DOE proposed the revised RMC procedure only in 
the proposed new appendix J and not in appendix J2. Id.
    In the September 2021 NOPR, DOE requested comment on its proposal 
to revise the RMC procedure so that RMC would be measured at the 
default spin setting for each temperature selection and load size, and 
the individual RMC values would be averaged using TUFs and LUFs to 
calculate the final RMC. Id. DOE sought data and information regarding 
how this change to the RMC calculation would impact testing costs and 
manufacturer test burden. Id. DOE further requested comment on whether 
DOE should implement any changes to the RMC calculation in appendix J2 
to address clothes washers with spin settings that are available only 
on certain temperature selections. Id.
    Samsung commented in support of DOE's proposed changes to the RMC 
measurement, stating that the changes would make the metric more 
representative of real-world usage. (Samsung, No. 30 at p. 3)
    The CA IOUs commented in support of DOE's proposal to measure RMC 
as a part of all energy test cycles, stating that it would improve the 
representativeness of the drying energy measurement, which is the 
largest component of energy use. (CA IOUs, No. 29 at p. 2)
    The Joint Efficiency Advocates commented that DOE's proposed 
amendment to measure RMC for all cycles tested rather than on a single 
cold-cold test cycle would more accurately estimate drying energy usage 
than the current method. (Joint Efficiency Advocates, No. 28 at p. 2) 
The Joint Efficiency Advocates noted that, using appendix J2, clothes 
washers that only offer the maximum spin speed on the Cold/Cold cycle 
have lower spin settings at other temperature settings that are not 
being factored into the RMC calculation, even though these cycles 
represent the majority of cycles used by consumers, according to the 
TUFs. (Id.) The Joint Efficiency Advocates also cited data from the 
2020 NEEA Report that showed significant IMEF rank order changes 
between washers when comparing RMC values measured on Cold/Cold cycles 
and RMC values measured on Warm/Cold cycles for the same test loads. 
(Id.) The Joint Efficiency Advocates concluded that DOE's proposal to 
measure RMC for each energy test cycle at the default spin setting and 
calculate an overall RMC using TUF- and LUF-weighted averages would 
make drying energy usage calculations more consistent with the other 
energy and water usage calculations, and that the proposed amendment 
would improve representativeness and provide more accurate relative 
rankings of clothes washers by better capturing real-world RMC and 
drying energy usage. (Id.)
    The Joint Commenters commented in support of DOE's proposal to 
measure RMC at the default spin setting for each test cycle. (Joint 
Commenters, No. 31 at pp. 2-3) The Joint Commenters added that 
measuring RMC at the default setting would reduce test burden, increase 
representativeness, and could potentially result in an estimated 1.0 
quad of energy savings for clothes dryers.\40\ (Id.) The Joint 
Commenters further commented that DOE's proposed RMC measurement 
changes would be one of the best opportunities to improve the test 
procedure for three reasons: drying energy use is the largest and most 
important contributor to IMEF, and would remain the most significant 
contributor to the proposed EER and AEER metrics; according to the 
Joint Commenters, default spin settings are more representative of 
real-world use instead of the ``best case'' scenario; and testing RMC 
under different temperature settings and load sizes revealed 
substantial rank order changes. (Id.)
---------------------------------------------------------------------------

    \40\ The Joint Commenters referenced NEEA's comment on the May 
2020 RFI in which NEEA estimated the potential savings over a 30-
year period, assuming the change in the RMC measurement would lead 
to clothes washer manufacturers changing their machines to make the 
spin portion of all temperature settings match the current spin 
portion of the Cold/Cold setting.
---------------------------------------------------------------------------

    Whirlpool commented that DOE's proposed change to the RMC 
measurement would likely have significant implications on Whirlpool's 
product design, cost, performance, and customer satisfaction. 
(Whirlpool, No. 26 at pp. 8-9) Whirlpool also noted that RMC accounts 
for over 70 to 75 percent of energy measured by the IMEF. (Id.) 
Whirlpool further commented that, since today's clothes washers are 
designed and tested for appendix J2, product redesign would be 
necessary because, without modifying clothes washer spinning strategies 
for the proposed RMC measurement method in new appendix J, Whirlpool 
expects the measured RMC of its clothes washer models under the 
proposed amendments to increase significantly. (Whirlpool, No. 26 at p. 
9) Specifically,

[[Page 33338]]

Whirlpool explained that measuring RMC on smaller loads leads to a 
higher RMC because smaller loads do not experience as much compression 
against the drum during spinning as larger loads. (Id.) Whirlpool also 
commented that their concern about RMC measurement is especially 
pronounced for baseline top-loading clothes washers, which do not spin 
as fast as front-loading clothes washers for a variety of technical 
reasons. (Id.) Whirlpool explained that in order to address DOE's 
proposed RMC change, Whirlpool would need to increase spin speeds and 
have longer high-spin plateau times. (Id.) Whirlpool noted that these 
changes would ultimately lead to enormous stress placed on the clothes 
washers and would degrade their overall reliability. (Id.) Whirlpool 
commented that they would need to make changes to the motor, tub 
composition, and other structural changes to the washer, all of which 
would add product cost. (Id.) Whirlpool also expressed concerns related 
to consumers' perception of these changes, including increased cost and 
performance concerns such as increased vibration and noise from faster 
and longer spins, in addition to longer cycle times from longer high-
spin plateaus. (Id.) Whirlpool also stated that consumers may also 
notice that the overall electrical energy of the clothes washer 
increases as clothes washers spin longer and faster. (Id.) Whirlpool 
also commented that an increase in measured mechanical energy could 
lead to the annual energy consumption reported on the Federal Trade 
Commission (``FTC'') EnergyGuide label showing that a new model uses 
more energy (i.e., appears less efficient) than a model currently owned 
by a consumer. (Id.)
    AHAM commented that it opposes changing the RMC calculation in 
appendix J2, stating that the proposed changes would impact measured 
energy. (AHAM, No. 27 at p. 11)
    DOE also received comments from interested parties suggesting that 
DOE add an RMC adjustment factor to account for test cloth material 
composition. These comments are discussed in section III.I.1 of this 
document.
    DOE notes that the reservations expressed by AHAM and Whirlpool, 
particularly with regard to implications for product design and 
performance, stem from the impact on measured energy as a result of 
this proposed amendment to the test procedure. As discussed previously, 
impacts on measured energy use between the then-current appendix J2 and 
the proposed appendix J test procedures were factored into the 
crosswalk relating to the appendix J2 and appendix J metrics developed 
for the September 2021 RCW Standards Preliminary Analysis. 
Specifically, as presented in Table 5.3.7 in chapter 5 of the 
preliminary TSD, DOE determined through testing that this amendment 
would result in a 3.8 percent increase in drying energy for units in 
which the spin cycle is consistent across temperature selections and 
thus the primary factor affecting measured RMC is the smaller load 
sizes; a 27 percent increase in drying energy for units in which the 
spin cycle is significantly faster or longer on the Cold/Cold setting 
(which would be tested under appendix J2) than on the other temperature 
settings (which would all be tested under appendix J); and a 21 percent 
increase in drying energy for units in which the default spin speed 
setting on the Normal cycle (which would be tested under appendix J) is 
not the maximum spin speed setting (which would be tested under 
appendix J2). These increases in RMC under appendix J were factored 
into the metric translations. As stated in the September 2021 RCW 
Standards Preliminary Analysis, DOE plans to continue testing 
additional units to appendix J and will continue to refine its approach 
for determining appropriate crosswalk translations in future stages of 
the standards rulemaking.
    For the reasons discussed, DOE finalizes its proposal, consistent 
with the September 2021 NOPR, to require measuring RMC on each of the 
energy test cycles in appendix J using the default spin settings, and 
determining the final RMC by weighting the individual RMC measurements 
using the same TUFs and LUFs that apply to the water and energy 
measurements. DOE has determined that the amendment to the RMC 
measurement provides a more representative measure of RMC because RMC 
is measured on all of the energy test cycles. DOE also concludes that 
this amendment reduces overall test burden. DOE reiterates that any 
impacts to measured energy as a result of changes to the RMC 
calculation will be accounted for in the crosswalk between the appendix 
J2 and appendix J metrics as part of the ongoing standards analysis, 
such that DOE does not expect the changes implemented in this final 
rule to require significant product redesign.
b. Definition of Bone-Dry
    In section 1.6 of appendix J2, the term ``bone-dry'' is defined as 
a condition of a load of test cloth that has been dried in a dryer at 
maximum temperature for a minimum of 10 minutes, removed and weighed 
before cool down, and then dried again for 10-minute periods until the 
final weight change of the load is 1 percent or less.
    In the absence of data or information indicating any problems with 
the current procedure, DOE did not propose any changes to the bone-dry 
definition or associated dryer temperature measurement method in the 
September 2021 NOPR. 86 FR 49140, 49163. DOE requested comment on its 
tentative conclusion not to propose changes to the bone-dry definition 
and associated dryer temperature measurement method. Id.
    AHAM commented in support of DOE's proposal not to change the bone-
dry definition and associated dryer temperature measurement method, 
stating that changes would be unnecessary. (AHAM, No. 27 at p. 11)
    For the reasons discussed, this final rule does not make any 
changes to the bone-dry definition or associated dryer temperature 
measurement method.
c. Starting Moisture Content
    Section 2.9.1 of appendix J2 requires the test load for energy and 
water consumption measurements to be bone-dry prior to the first cycle 
of the test, and allows the test load to be dried to a maximum of 104 
percent of the bone-dry weight for subsequent testing. In the September 
2021 NOPR, DOE noted that this allowance effectively allows for an 
increase to the starting moisture content of the load from 1 percent 
moisture (as implied in the definition of ``bone-dry'' in section 1 of 
appendix J2) to 4 percent moisture, which creates two concerns. 86 FR 
49140, 49163.
    First, for the largest clothes washers on the market, which use the 
largest test load sizes, a 4 percent tolerance can represent up to 1 lb 
of additional water weight in a starting test load. Id. DOE expressed 
concern that the range of starting water weights that this provision 
allows could reduce the repeatability and reproducibility of test 
results, particularly for larger clothes washers. Id.
    Second, as described in section III.D.4.a of this document, DOE is 
requiring the measurement of RMC for all tested cycles in the new 
appendix J. Id. The RMC of each tested cycle is calculated based on the 
bone-dry weight at the start of the cycle. Id. Allowing the bone-dry 
weight to vary within a range of 1 percent to 4 percent moisture at the 
beginning of each tested cycle would introduce variability into the RMC 
calculation. Id.

[[Page 33339]]

    Therefore, to improve repeatability and reproducibility of test 
results, DOE proposed in new appendix J to remove the provision that 
allows for a starting test load weight of 104 percent of the bone-dry 
weight, and instead require that each test cycle use a bone-dry test 
load. Id. In DOE's experience, most test laboratories use the bone-dry 
weight as the starting weight of each test load rather than a starting 
weight up to 104 percent of bone-dry, as allowed by section 2.9.1 of 
appendix J2. Id. DOE estimated that if a test laboratory does make use 
of this provision in section 2.9.1 of appendix J2, the requirement to 
use the bone-dry weight would add no more than 10 minutes of drying 
time per cycle to ensure that the test load has reached the bone-dry 
requirement. Id. DOE did not anticipate that this proposal would 
increase test burden because, in DOE's experience, most test 
laboratories dry the load from the previous test cycle while the next 
cycle is being tested on the clothes washer, such that a minor increase 
in drying time would not affect the overall time required to conduct 
the test procedure. Id.
    DOE requested comment on its proposal to require that each test 
cycle use a bone-dry test load in the new appendix J. Id. DOE requested 
comment on whether test laboratories start test cycles with the test 
load at bone-dry or at up to 104 percent of the bone-dry weight. 86 FR 
49140, 49163-49164. DOE further requested feedback on its assessment 
that this change would not affect test burden. 86 FR 49140, 49164.
    The Joint Commenters commented in support of DOE's proposal to 
require bone-drying of textile loads before the start of each test run. 
(Joint Commenters, No. 31 at p. 10) The Joint Commenters further 
asserted that bone-drying the test load before each run would improve 
repeatability and reproducibility, given that RMC would be measured for 
each test run. (Id.) The Joint Commenters concluded that, since test 
laboratories must dry the test load before using it, DOE's proposal 
represents minimal to no additional test burden. (Id.)
    AHAM commented in opposition to DOE's proposal to require each test 
cycle to use a bone-dry test load. (AHAM, No. 27 at p. 12) AHAM 
commented that while it understands the theoretical reason for this 
proposal, it may not be practically possible because as soon as the 
load cools, it starts to collect humidity. Therefore, AHAM asserted 
that it would not be possible for test laboratories to meet this 
requirement. (Id.)
    P.R. China recommended that if each test cycle uses a bone-dry test 
load, DOE should add requirements to the temperature of the test load 
to make sure the test cloth is at ambient temperature prior to testing. 
(P.R. China, No. 25 at p. 3)
    In response to AHAM's comments, DOE acknowledges that the concerns 
DOE expressed regarding the potential for over 1 lb of moisture in the 
starting ``dry'' load would apply only to the largest load sizes, and 
that for the large majority of tested loads, the potential amount of 
moisture in the starting dry load would be a smaller weight. DOE notes 
that the ``large'' test load sizes in appendix J implemented in this 
final rule are smaller than the ``maximum'' test load sizes defined in 
appendix J2 (as discussed in section III.D.1.b of this document), which 
partially alleviates this concern. DOE's testing experience also 
confirms AHAM's statement that a test cloth load begins to collect 
moisture as soon as the drying cycle is complete. DOE therefore 
concludes that logistical constraints during testing could create 
challenges for test laboratories to meet a bone-dry requirement for 
each individual test cycle.
    In response to P.R. China's comment on adding a requirement that 
the load be at ambient temperature prior to testing, DOE does not 
expect that the temperature of the load prior to the start of the test 
cycle would have a significant impact on energy use for two reasons. 
First, DOE's teardowns of clothes washers conducted for the standards 
preliminary analysis indicate that most clothes washers measure wash 
water temperature either as the water enters the clothes washer through 
the inlet valves or within the detergent mixing chamber, such that the 
temperature of the test load would not affect the relative amounts of 
hot and cold water usage. Second, even for clothes washers that may 
measure the water temperature near the bottom of the wash tub in 
proximity to the load, the thermal mass of the test cloth fabric is 
significantly less than thermal mass of the amount of water used during 
the wash portion of the cycle, such that any residual heat contained 
within the test cloth would have a negligible impact on the temperature 
of the water.\41\
---------------------------------------------------------------------------

    \41\ For example, DOE testing indicates that a typical clothes 
washer may use a gallon or more of water (i.e., over 8.3 lb of 
water) per lb of test cloth load. Furthermore, the specific heat of 
cotton and polyester fiber is around one-third of the specific heat 
of water. Based on these parameters, each 1 [deg]F of elevated 
temperature in a given test load would result in no more than a 0.04 
[deg]F temperature rise in the wash water used for that cycle. 
(Calculated as 1 / 8.3 / 3).
---------------------------------------------------------------------------

    For these reasons, DOE is not adopting the proposal from the 
September 2021 NOPR and is including in appendix J the provision from 
section 2.9.1 of appendix J2 to allow the test load to be dried to a 
maximum of 104 percent of the bone-dry weight for subsequent testing. 
Because each subsequent test load may not always start at the bone-dry 
weight, DOE is also not adopting the proposal from the September 2021 
NOPR to require recording the bone-dry weight of the test load weight 
prior to each cycle. DOE notes that it is continuing to require that 
the bone-dry weight of each test load (which would be measured once at 
the start of testing) be used in calculating the RMC for each test 
cycle.
5. Cycle Time
a. Inclusion of a Cycle Time Measurement
    The current test procedure does not specify a measurement for 
average cycle time. In the September 2021 NOPR, DOE is proposed to base 
the allocation of annual combined low-power mode hours on the measured 
average cycle time rather than a fixed value of 8,465 hours, for the 
new appendix J (see section III.G.3 of this document). 86 FR 49140, 
49164. DOE therefore also proposed to require the measurement of 
average cycle time for the new appendix J. Id. Calculating the annual 
standby mode and off mode hours using the measured average cycle time 
would provide a more representative basis for determining the energy 
consumption in the combined low-power modes for the specific clothes 
washer under test. Id.
    DOE proposed to define the overall average cycle time of a clothes 
washer model in new appendix J as the weighted average of the 
individual cycle times for each wash cycle configuration conducted as 
part of the test procedure, using the TUFs and LUFs for the weighting. 
Id. Using the weighted-average approach would align the average cycle 
time calculation with the calculations for determining weighted-average 
energy and water use. Id.
    DOE noted that it does not expect the measurement of cycle time to 
increase test burden. Id. To DOE's knowledge, test laboratories are 
either already measuring cycle time for all tested cycles or using data 
acquisition systems to record electronic logs of each cycle, from which 
determining the cycle time would require minimal additional work. Id.
    DOE requested comment on its proposal to add cycle time 
measurements and to calculate average cycle time using the weighted-
average

[[Page 33340]]

method in the new appendix J. Id. DOE also requested comment on its 
assertion that adding cycle time measurements and a calculation of a 
weighted-average cycle time would not increase testing costs or overall 
test burden. Id.
    Samsung commented in support of DOE's proposal to require reporting 
of weighted-average cycle time, stating that it would provide useful 
information for consumers comparing average cycle time differences 
between clothes washer models. (Samsung, No. 30 at p. 3)
    The CA IOUs commented in support of DOE's proposal to measure cycle 
time on all test cycles and to include an average cycle time 
calculation, stating that there are significant consumer benefits in 
this information being disclosed. (CA IOUs, No. 29 at p. 2) The CA IOUs 
also recommended that DOE report average cycle time in the Compliance 
Certification Management System (``CCMS'') database, and that DOE work 
with the FTC to incorporate average cycle time into product labeling. 
(Id.)
    The Joint Commenters commented in support of DOE's proposal to 
measure the cycle time of each test cycle and to calculate a weighted-
average cycle time. (Joint Commenters, No 31 at p. 5) The Joint 
Commenters further agreed with DOE's tentative determination that DOE's 
cycle time measurement proposal would create no additional test burden 
since most test laboratories use time series data acquisition systems 
that obtain cycle time measurements automatically. (Id.) The Joint 
Commenters also commented that DOE's cycle time proposal would increase 
the representativeness of the low-power-mode energy usage, and would 
standardize cycle time marketing claims by establishing a standardized 
approach for measuring cycle times. (Id.) The Joint Commenters also 
encouraged DOE to require the reporting of average cycle time as part 
of clothes washer certification, stating that it would increase 
consumers' access to relevant information on cycle time, which the 
Joint Commenters asserted is an important aspect of clothes washer 
performance; increase transparency of reported energy efficiency 
metrics by clarifying how the energy efficiency metric is derived for a 
given clothes washer; and lead to continuous improvement of the test 
procedure over time since having access to additional data on cycle 
time would enable DOE and other stakeholders to continually evaluate 
the value of cycle time measurement in future rulemakings. (Id.)
    AHAM commented in opposition to DOE's proposal to include a 
measurement of cycle time and a calculation of weighted-average cycle 
time. (AHAM, No. 27 at p. 12) AHAM commented that while cycle time is a 
key consideration for consumer utility, DOE properly accounts for cycle 
time in its evaluation of possible amended standards. (Id.)
    For the reasons stated above, DOE determines that requiring test 
laboratories to include cycle time measurement would not increase test 
burden. DOE also determines that defining the annual standby mode and 
off mode hours using the measured average cycle time would provide a 
more representative basis for determining the energy consumption in the 
combined low-power modes for the specific clothes washer under test.
    With regard to AHAM's comment opposing the proposed cycle time 
measurement on the basis that DOE accounts for cycle time in its 
evaluation of possible amended standards, DOE notes that the purpose of 
implementing a measurement of cycle time in the test procedure would 
differ from the purpose of evaluating cycle time as part of an energy 
conservation standards analysis. In an energy conservation standards 
analysis, cycle time could be evaluated, for example, to determine 
whether higher efficiency levels under consideration would require 
longer cycle times. Whereas, the purpose of the cycle time measurement 
as proposed in the September 2021 NOPR is to provide a more 
representative allocation of standby and off mode hours for a unit 
under test. Evaluating cycle time as part of an energy conservation 
standards analysis would not contribute to providing more 
representative test results when testing to the DOE test procedure.
    For the reasons discussed in the September 2021 NOPR and in the 
preceding paragraphs, DOE is finalizing its proposal, consistent with 
the September 2021 NOPR, to require cycle time measurement in new 
appendix J. As discussed in section III.G.3 of this document, also 
consistent with the September 2021 NOPR, DOE finalizes its proposal to 
base the allocation of annual combined low-power mode hours on the 
measured average cycle time rather than a fixed value of 8,465 hours, 
for the new appendix J.
    DOE notes it is not amending the certification or reporting 
requirements for clothes washers in this final rule to require 
reporting of cycle time measurements. Instead, DOE may consider 
proposals to amend the certification requirements and reporting for 
RCWs and CCWs under a separate rulemaking regarding appliance and 
equipment certification.
b. Definition of Cycle Time
    Section 3.2.8 of appendix J2 specifies that for each wash cycle 
tested, include the entire active washing mode and exclude any delay 
start or cycle finished modes. ``Active washing mode'' is defined in 
section 1.2 of appendix J2 as ``a mode in which the clothes washer is 
performing any of the operations included in a complete cycle intended 
for washing a clothing load, including the main functions of washing, 
soaking, tumbling, agitating, rinsing, and/or removing water from the 
clothing.'' ``Delay start mode'' is defined in section 1.12 of appendix 
J2 as ``an active mode in which activation of washing mode is 
facilitated by a timer.'' ``Cycle finished mode'' is defined in section 
1.11 of appendix J2 as ``an active mode that provides continuous status 
display, intermittent tumbling, or air circulation following operation 
in active washing mode.''
    The Joint Efficiency Advocates recommended that DOE further clarify 
the definition of a clothes washer cycle. (Joint Efficiency Advocates, 
No. 28 at p. 6) The Joint Efficiency Advocates commented that some 
clothes washers may enter a new mode between the completion of the main 
cycle and subsequent standby mode. (Id.) The Joint Efficiency Advocates 
asserted that it is not clear whether energy usage in these scenarios 
is being captured by either the active mode or standby mode testing. 
(Id.) The Joint Efficiency Advocates also noted that, while the DOE 
test procedure for clothes dryers codified at 10 CFR part 430, subpart 
B, appendix D2 (``appendix D2'') specifies when the cycle shall be 
considered complete, there is no clear definition of what constitutes 
the beginning and end of a clothes washer cycle in the new appendix J. 
(Id.)
    The CA IOUs recommended that DOE provide additional details in new 
appendix J to better define cycle time, stating that on some clothes 
washers the end of the cycle is unclear. (CA IOUs, No. 29 at p. 2) For 
example, the CA IOUs noted that some clothes washers have wrinkle-free 
settings in which the clothes washer tumbles the clothes once every 15 
minutes for up to 12 hours after the cycle has finished. (Id.) The CA 
IOUs suggested that, similar to the way appendix D2 treats clothes 
dryers with similar wrinkle-free settings, DOE should include these 
types of extended cycle operations in the test procedure if they are 
activated by default or instructed by the manufacturer for normal use. 
(Id.)

[[Page 33341]]

    In response to the Joint Efficiency Advocates and the CA IOUs' 
requests to clarify the cycle time definition, DOE reiterates that the 
requirement of section 3.2.8 in appendix J2 (and section 3.2.5 of 
appendix J as proposed) states explicitly that each wash cycle must 
include the entire active washing mode and exclude any delay start or 
cycle finished modes. A mode between completion of the main cycle and 
subsequent standby mode (including, for example, a wrinkle-free setting 
described by the CA IOUs), would be considered a cycle finished mode. 
DOE determines that the specification in section 3.2.8 of appendix J2 
and section 3.2.5 of new appendix J to include only active washing 
mode, and to exclude delay start and cycle finish modes, provides 
sufficient specification regarding the wash cycle operations that 
comprise a complete cycle, and on which the measurement of cycle time 
is to be based.
    For these reasons, DOE is not adding a definition of cycle time to 
either appendix J2 or new appendix J.
    Regarding the suggestion by CA IOUs that DOE include extended cycle 
operations in the test procedure if they are activated by default or 
instructed by the manufacturer for normal use, DOE addressed the 
exclusion of cycle finished mode in the March 2012 Final Rule. Upon 
consideration of data and estimates provided in the NOPR published 
September 21, 2010 (75 FR 57556), additional energy consumption 
estimates provided in the supplemental NOPR published August 9, 2011 
(76 FR 49238), the uncertainty regarding consumer usage patterns, and 
the additional test burden that would be required, DOE determined in 
the March 2012 Final Rule to adopt an ``alternate approach'' to account 
for the energy use in cycle finished mode. 77 FR 13888, 13896. Under 
this approach, all low-power mode hours are allocated to the inactive 
and off modes, and the low-power mode power is then measured in the 
inactive and off modes, depending on which of these modes is present. 
Id. None of the information provided in comments in response to the 
September 2021 NOPR would lead DOE to a different conclusion regarding 
the exclusion of cycle finished mode.
    For these reasons, DOE is not amending in appendix J2 or 
implementing in new appendix J any provisions for measuring operation 
in cycle finished mode.
6. Capacity Measurement
    Section 3.1 of appendix J2 provides the procedure for measuring the 
clothes container capacity, which represents the maximum usable volume 
for washing clothes. The clothes container capacity is measured by 
filling the clothes container with water and using the weight of the 
water to determine the volume of the clothes container. For front-
loading clothes washers, this procedure requires positioning the 
clothes washer on its back surface such that the door opening of the 
clothes container faces upwards and is leveled horizontally. For all 
clothes washers, any volume that cannot be occupied by clothing load 
during operation is excluded.
    In the March 2012 Final Rule, DOE revised the clothes container 
capacity measurement to better reflect the actual usable capacity 
compared to the previous measurement procedures. 77 FR 13888, 13917. In 
the August 2015 Final Rule, DOE further added to the capacity 
measurement procedure a revised description of the maximum fill volume 
for front-loading clothes washers, as well as illustrations of the 
boundaries defining the uppermost edge of the clothes container for 
top-loading vertical-axis clothes washers and the maximum fill volume 
for horizontal-axis clothes washers. 80 FR 46729, 46733.
    For top-loading vertical-axis clothes washers, DOE defined the 
uppermost edge of the clothes container as the uppermost edge of the 
rotating portion of the wash basket. 77 FR 13888, 13917-13918. DOE also 
concluded that the uppermost edge is the highest horizontal plane that 
a dry clothes load could occupy in a top-loading vertical-axis clothes 
washer that would allow clothing to interact with the water and 
detergent properly. Id.
    As discussed in the September 2021 NOPR, DOE is not aware of any 
changes to product designs since the March 2012 Final Rule that would 
cause DOE to reevaluate its conclusions about the most appropriate 
capacity fill level. 86 FR 49140, 49165. In DOE's experience, since the 
March 2012 Final Rule, the existing capacity fill definition is 
implemented consistently by test laboratories and results in repeatable 
and reproducible measurements of capacity. Id. DOE therefore did not 
propose any changes to the existing capacity measurement method. Id.
    DOE requested comment on its tentative determination to maintain 
the current capacity measurement method. Id.
    AHAM commented in support of DOE's proposal to not specify any 
alternatives to the current capacity measurement procedure, stating 
that it is accurate, repeatable, and reproducible. (AHAM, No. 27 at p. 
12)
    The Joint Commenters commented in support of DOE's proposal to 
retain the current capacity measurement test procedure, stating that it 
ensures reproducibility and enables third-party verification. (Joint 
Commenters, No. 31 at p. 11)
    P.R. China recommended that DOE emphasize in the capacity 
measurement procedure that the groove on the rubber door seal of front-
loading clothes washers should not be included in the capacity 
calculation. (P.R. China, No. 25 at pp. 3-4)
    In response to P.R. China's recommendation, DOE notes that the 
groove on the rubber door seal of front-loading clothes washers cannot 
be occupied by the clothing load during operation, and therefore is 
already excluded from the capacity measurement. In practice, during the 
measurement of a front-loading clothes washer's capacity, the groove on 
the rubber door seal would be covered by the plastic bag specified in 
section 3.1.2 of appendix J2 for lining the inside of the clothes 
container for the purpose of the capacity measurement, and therefore 
would not be included in the capacity measurement.
    For the reasons stated previously, DOE makes no changes to the 
capacity measurement method in this final rule.
7. Identifying and Addressing Anomalous Cycles
    Section 3.2.9 of appendix J2 previously specified discarding the 
data from a wash cycle that ``provides a visual or audio indicator to 
alert the user that an out-of-balance condition has been detected, or 
that terminates prematurely if an out-of-balance condition is detected, 
and thus does not include the agitation/tumble operation, spin 
speed(s), wash times, and rinse times applicable to the wash cycle 
under test.''
    In the September 2021 NOPR, DOE discussed that as clothes washer 
technology has improved, certain clothes washers are designed to self-
correct out-of-balance loads or make other adjustments to the operation 
of the unit to complete the cycle without alerting the consumer or 
requiring user intervention. 86 FR 49140, 49166. DOE also recognized 
the benefit of objective and observable criteria to determine when an 
anomalous cycle has occurred, based on a single test, such that the 
data from that anomalous cycle should be discarded. Id.
    To provide more objective and observable criteria, DOE proposed 
that data from a wash cycle would be discarded if either: The washing 
machine signals to the user by means of

[[Page 33342]]

an audio or visual alert that an off-balance condition has occurred; or 
the wash cycle terminates prematurely and thus does not include the 
agitation/tumble operation, spin speed(s), wash times, and rinse times 
applicable to the wash cycle under test. Id. The proposed reference to 
an audio or visual alert refers to a warning sound initiated by the 
clothes washer, or visual cue such as a flashing light or persistent 
error code, that is provided to the user to actively inform the user 
that a problem has occurred; as opposed to a more passive indication 
such as the drum hitting the side of the cabinet or a change in the 
projected cycle duration, which could go unnoticed by the user or which 
itself may not be an indication of an out-of-balance load that warrants 
discarding the data for a test cycle. Id. To emphasize this intent, DOE 
proposed to change the current phrase ``provides a visual or audio 
indicator to alert the user'' to ``signals to the user by means of a 
visual or audio alert'' in both section 3.2.9 of appendix J2 and 
section 3.2.6 of the new appendix J. Id.
    DOE also proposed to change the current phrase ``terminates 
prematurely if an out-of-balance condition is detected'' to simply 
``terminates prematurely,'' in recognition that other factors beyond an 
out-of-balance condition could also cause a wash cycle to terminate 
prematurely (e.g., a clogged filter, mechanical malfunction, etc.), and 
that for any such reason, the data from that wash cycle would be 
discarded. Id.
    DOE further proposed non-substantive wording changes to section 
3.2.9 of appendix J2 and section 3.2.6 of the new appendix J to make 
explicit that if data are discarded for the reasons described in these 
sections, the wash cycle is repeated. Id.
    DOE requested comment on the proposed criteria for determining 
whether test data are to be discarded. Id. Specifically, DOE requested 
comment on the proposal that test data are discarded if a washing 
machine either signals to the user by means of a visual or audio alert 
that an out-of-balance condition has occurred or terminates 
prematurely. Id. DOE requested comment on whether additional or 
alternate criteria would provide objective and observable indication 
during a single test that test data are to be discarded. Id.
    AHAM commented in support of DOE's proposed definition for 
anomalous test cycles, but with one suggested change to replace ``. . 
.b) terminates prematurely and thus does not include the agitation/
tumble operation . . .'' with ``. . . b) terminates prematurely; or c) 
does not include the agitation/tumble operation . . .'' (AHAM, No. 27 
at pp. 12-13) AHAM commented that an anomalous cycle may not always 
terminate prematurely, but may instead only be apparent from the 
objective and observable criteria such as agitation/tumble operation, 
spin speeds, wash times, and rinse times applicable to the cycle under 
test. (Id.) AHAM further commented that a cycle may not terminate 
prematurely due to anomalous behavior because, in order to benefit the 
consumer, the clothes washer will address the anomalous behavior and 
finish the cycle without alerting the consumer or requiring consumer 
interaction. (Id.) AHAM noted that, in addition to benefitting the 
consumer, addressing anomalous behavior often saves energy and water by 
finishing the cycle with some incrementally increased water or energy 
usage instead of requiring a cycle to be canceled and completely re-
run. (Id.) AHAM recommended that test cycles exhibiting signs of 
anomalous behavior without alerting the consumer should be considered 
invalid because they will likely impact test results if they occur 
during a test cycle by increasing energy and/or water consumption for 
that particular test, and it is unlikely that anomalous conditions 
happen frequently when consumers use the clothes washer. (Id.) While 
AHAM recognizes that third-party test laboratories may not know when a 
clothes washer changes its operation due to anomalous behavior without 
an audio/visual indicator, a proposal to require such an indicator 
would necessitate product changes that add unnecessary product cost. 
(Id.) AHAM further asserted that consumers may be dissatisfied if their 
clothes washer presents an audio/visual alert instead of fixing 
anomalous behavior automatically for the user because the user may have 
to fix the issue themselves, or make a service call. (Id.) GEA provided 
specific support of AHAM's comments regarding this proposed amendment. 
(GEA, No. 32 at p. 3)
    Whirlpool commented in agreement with DOE's proposal on anomalous 
cycles to recognize that there may be other factors beyond an out-of-
balance condition that could cause a wash cycle to terminate 
prematurely. (Whirlpool, No. 26 at p. 10) Whirlpool suggested, however, 
that DOE adopt AHAM's recommendation presented in its comments from the 
May 2020 RFI to determine anomalous cycles even when there are no 
visual or audio alerts to the user to indicate that something anomalous 
has occurred during the cycle. (Id.) Whirlpool commented that not 
alerting the user to anomalous clothes washer behavior is beneficial to 
the consumer, since alerting the consumer to anomalous behavior may 
result in the consumer incorrectly believing something is seriously 
wrong with the unit, which could lead to a service call or visit from 
the manufacturer. (Id.) Since consumer intervention may not be needed 
to fix anomalous behavior, Whirlpool suggested that DOE should not 
require that the clothes washer signal the user by means of a visual or 
audio alert. (Id.) Whirlpool also commented that adding a visual or 
audio alert adds unnecessary costs. (Id.)
    GEA commented that it appreciates DOE's evaluation of the issue of 
anomalous cycles during testing. (GEA, No. 32 at pp. 2-3) GEA specified 
that the high spin speeds required by current energy conservation 
standards combined with increasing clothes washer capacity can lead to 
the need for clothes washers to adjust their normal cycle to ensure 
safe and effective cycles. (Id.) GEA also commented that handling of 
anomalous cycles without notifying the user is an important consumer 
feature that saves energy and consumers' time. (Id.) GEA further 
explained that requiring a consumer notification for an anomalous cycle 
that otherwise successfully washes and spins the load may lead to 
unnecessary rewash of cleaned clothing, which could lead to a waste of 
energy. (Id.)
    DOE did not intend its proposal to be a design requirement. Rather, 
the intent of the proposal was to specify objective and observable 
criteria that--if observed on a particular unit under test--would 
indicate that the test data are to be discarded. The proposal would not 
require all clothes washers to provide audio or visual alerts if 
anomalies are detected. As stated above, DOE acknowledges the consumer 
benefit and potential energy savings benefit of clothes washers that 
are able to address anomalous behavior and finish the cycle without 
requiring consumer interaction. DOE expects that such anomalous cycles 
would occur infrequently and only under limited circumstances; more 
frequent occurrence would potentially indicate that such cycle behavior 
may be representative of what a consumer of that model would 
experience.
    For the purpose of specifying criteria by which test data must be 
discarded, DOE reiterates the importance of specifying objective and 
observable criteria that could be used by an independent laboratory to 
determine when an anomalous cycle has occurred,

[[Page 33343]]

based on a single test, such that the data from that anomalous cycle 
would be discarded.
    For these reasons, DOE finalizes its proposal, consistent with the 
September 2021 NOPR, to further specify objective and observable 
criteria that, if were to occur during testing, require the test data 
to be discarded, and the test cycle repeated. This amendment applies to 
both appendix J2 and appendix J.
8. Semi-Automatic Clothes Washers
    Section III.C.2 of this document discussed the installation of 
semi-automatic clothes washers for testing. This section discusses the 
wash/rinse temperature selections and TUFs applicable to semi-automatic 
clothes washers. As noted, semi-automatic clothes washers are defined 
at 10 CFR 430.2 as a class of clothes washer that is the same as an 
automatic clothes washer except that user intervention is required to 
regulate the water temperature by adjusting the external water faucet 
valves. DOE's test procedure requirements at 10 CFR 430.23(j)(2)(ii) 
state that the use of appendix J2 is required to determine IMEF for 
both automatic and semi-automatic clothes washers.
    Semi-automatic clothes washers inherently do not provide wash/rinse 
temperature selections on the control panel, as any combination of 
cold, warm, and hot wash temperatures and rinse temperatures are 
provided by the user's adjustment of the external water faucet valves. 
As discussed in the September 2021 NOPR, inherently, testing the Hot/
Hot, Warm/Warm, and Cold/Cold wash/rinse temperature combinations 
require no changes to the water faucet valve positions between the wash 
and rinse portions of the cycle. However, testing the Hot/Warm, Hot/
Cold, and Warm/Cold temperature combinations requires the test 
administrator to manually adjust the external water faucet valves 
between the wash and rinse portions of the cycle by. As reflected in 
DOE's definition of semi-automatic clothes washer, user intervention is 
required to regulate the water temperature of all semi-automatic 
clothes washers (i.e., user regulation of water temperature is the 
distinguishing characteristic of a semi-automatic clothes washer). See 
10 CFR 430.2.
    Table 4.1.1 in appendix J2 contains columns that list TUFs based on 
the temperature selections available in the energy test cycle. Table 
4.1.1 does not state which column(s) of the table are applicable to 
semi-automatic clothes washers. In the May 2012 Direct Final Rule, DOE 
stated that it was not aware of any semi-automatic clothes washers on 
the market. 77 FR 32307, 32317. However, DOE is currently aware of 
several semi-automatic clothes washer models available in the U.S. 
market.
a. Temperature Selections and Usage Factors
    Appendix J as established in the September 1977 Final Rule required 
testing six wash/rinse temperature combinations: Hot/Hot, Hot/Warm, 
Hot/Cold, Warm/Warm, Warm/Cold and Cold/Cold. The TUFs in Table 6.1 of 
the 1977 version of appendix J used the same general usage factors for 
semi-automatic clothes washers as for automatic clothes washers. 42 FR 
49802, 49810. For example, the Cold/Cold TUF of 0.15 was the same for 
both types, and the sum of Hot/Hot, Hot/Warm and Hot/Cold (with a total 
TUF of 0.30) for semi-automatic clothes washers was the same as the TUF 
for Hot/Cold on an automatic clothes washer with only three temperature 
selections.
    DOE updated the TUFs in the August 1997 Final Rule, based on P&G 
data provided by AHAM. 62 FR 45484, 45491. Currently, Table 4.1.1 of 
appendix J2 does not include TUFs for all six of the temperatures 
required for testing in the 1977 version of appendix J.
    In the September 2021 NOPR, DOE considered requiring that semi-
automatic clothes washers be tested with the same six temperature 
settings as in the 1977 version of appendix J. 86 FR 49140, 49167.
    By including all six possible temperature combinations, Table 6.1 
of the 1977 version of appendix J included wash/rinse temperature 
settings that require the water temperature to be changed between the 
wash portion and the rinse portion of the cycle (i.e., Hot/Warm, Hot/
Cold, and Warm/Cold), and wash/rinse temperature settings that do not 
require any water temperature change (i.e., Hot/Hot, Warm/Warm, and 
Cold/Cold). 86 FR 49140, 49167-49168. In Table 6.1 of the 1977 version 
of appendix J, temperature settings that do not require a water 
temperature change had higher usage factors than temperatures settings 
that do require a water temperature change, reflecting that consumers 
are more likely to use a single temperature for the entire duration of 
the cycle than to change the temperature between the wash and rinse 
portions of the cycle. 86 FR 49140, 49168.
    In the September 2021 NOPR, DOE proposed to require testing only 
those temperature settings that do not require a water temperature 
change (i.e., Hot/Hot, Warm/Warm, and Cold/Cold) for semi-automatic 
clothes washers in new appendix J. As indicated by the TUFs from the 
1977 version of appendix J, consumers are more likely to use a single 
temperature for the entire duration of the cycle than to change the 
temperature between the wash and rinse portions of the cycle. Id. 
Changing the temperature between the wash and rinse portions of the 
cycle would require the consumer to monitor the operation of the 
clothes washer and adjust the temperature at the appropriate time. Id. 
DOE expects that consumers are more likely not to interact with the 
operation of the clothes washer during operation of the unit, once it 
has been started. Id. Not requiring testing of temperature combinations 
that would require the user to change the temperature between wash and 
rinse would reduce test burden significantly, while producing results 
that are representative of consumer usage. Id. DOE tentatively 
concluded that requiring testing all six possible temperature 
combinations would present undue burden compared to testing only those 
temperature combinations that do not require a water temperature 
change. Id.
    In the September 2021 NOPR, DOE requested comment on its proposal 
for testing semi-automatic clothes washers in the proposed new appendix 
J that would require testing only the wash/rinse temperature 
combinations that do not require a wash temperature change between the 
wash and rinse portions of the cycle (i.e., Hot/Hot, Warm/Warm, and 
Cold/Cold). Id.
    To define the TUFs for these three temperature combinations, DOE 
proposed to use the TUFs from the existing column of Table 4.1.1 of 
appendix J2 specified for testing clothes washers with Hot/Cold, Warm/
Cold, and Cold/Cold temperature selections, and presented in Table 
III.1. To further simplify the test procedure, since DOE proposed to 
require testing only those temperature selections that do not require a 
change in the water temperature, DOE proposed to label these selections 
``Hot,'' ``Warm,'' and ``Cold,'' respectively (as opposed to ``Hot/
Hot'', ``Warm/Warm'', and ``Cold/Cold'').

    Table III.1--Temperature Usage Factors for Semi-Automatic Clothes
 Washers Reflecting Three Required Temperature Combinations Proposed in
                         the September 2021 NOPR
------------------------------------------------------------------------
                                                           Proposed TUF
            Wash/rinse temperature  selection                 Values
------------------------------------------------------------------------
Hot.....................................................            0.14
Warm....................................................            0.49

[[Page 33344]]

 
Cold....................................................            0.37
------------------------------------------------------------------------

    DOE requested feedback on its proposal to test semi-automatic 
clothes washers using TUF values of 0.14 for Hot, 0.49 for Warm, and 
0.37 for Cold. Id. DOE further requested comment on whether the 
temperature selections and TUFs that DOE proposed for semi-automatic 
clothes washers would be representative of consumer use; and if not, 
which temperature selections and TUF values would better reflect 
consumer use. Id.
    The Joint Commenters commented in support of DOE's proposal 
regarding temperature selection for semi-automatic clothes washers. 
(Joint Commenters, No. 31 at p. 11) The Joint Commenters further 
commented that consumers are unlikely to monitor the progress of a 
semi-automatic clothes washer cycle to change inlet water temperature 
mid-cycle. (Id.)
    P.R. China recommended that DOE use different TUFs for automatic 
and semi-automatic clothes washers, and that DOE investigate more 
consumer usage data before determining TUF values for semi-automatic 
clothes washers. (P.R. China, No. 25 at p. 4) P.R. China commented 
that, as far as it knows, hot water is rarely used in semi-automatic 
clothes washers. (Id.)
    AHAM commented that if AHAM's test data supports DOE's proposal, 
the proposal should apply only to products plumbed to both hot and cold 
water supplies to avoid penalizing products designed to be plumbed with 
only cold water. (AHAM, No. 27 at p. 7)
    In response to P.R. China's comment that DOE should use different 
TUFs for automatic and semi-automatic clothes washers, the history of 
DOE's test specifications for semi-automatic clothes washers reflects 
DOE's historical understanding that consumers of semi-automatic clothes 
washers select among cold, warm, and hot wash temperatures with similar 
frequencies as consumers of automatic clothes washer. As discussed 
above, in the 1977 version of appendix J, the TUFs for automatic and 
semi-automatic clothes washers were aligned. DOE maintained this 
general alignment in appendix J through subsequent revisions of the 
test procedure in the August 1997 Final Rule and January 2001 Final 
Rule. In the initial version of appendix J1 established in the August 
1997 Final Rule, DOE further maintained this alignment in combining the 
TUFs for both automatic and semi-automatic clothes washers into a 
single table of TUFs applicable to all types of clothes washers. DOE 
maintained this single table in subsequent versions of appendix J1 as 
amended by the January 2001 Final Rule, March 2012 Final Rule, and 
August 2015 Final Rule; as well as appendix J2 as established in the 
March 2012 Final Rule and subsequently amended in the August 2015 Final 
Rule. P.R. China presented no data to support its assertion that the 
TUFs for semi-automatic clothes washers should be different than for 
automatic clothes washers. Lacking any more recent data or information 
to suggest that DOE's historical understanding of consumer usage of 
semi-automatic clothes washers has changed in this regard, DOE 
maintains the alignment of the TUFs between semi-automatic and 
automatic clothes washers, as proposed in the September 2021 NOPR.
    In response to AHAM's comment that the proposed TUFs should apply 
to only products plumbed to both hot and cold water supplies, DOE is 
not aware of any semi-automatic clothes washers that are plumbed to 
both hot and cold water supplies. In DOE's review of products on the 
market, all semi-automatic clothes washers are designed with a single 
water inlet that consumers connect to a water faucet, such as a kitchen 
faucet, that has the ability to provide water at a range of 
temperatures. Therefore, DOE does not make a distinction between semi-
automatic clothes washers plumbed to both hot and cold water supplies--
were such products to be brought to the market--and those plumbed with 
only cold water. To the extent that provisions of appendix J for semi-
automatic clothes washers result in higher measured energy compared to 
appendix J2, impacts on measured energy use between the then-current 
appendix J2 and the proposed appendix J test procedures would be 
factored into the crosswalk relating the appendix J2 and appendix J 
metrics as part of the ongoing standards analysis.
    For the reasons discussed above, DOE finalizes its proposal, 
consistent with the September 2021 NOPR, to test semi-automatic clothes 
washers under appendix J using only the wash/rinse temperature 
combinations that do not require a temperature change between the wash 
and rinse portions of the cycle (i.e., Hot/Hot, Warm/Warm, and Cold/
Cold). Also consistent with the September 2021 NOPR, DOE finalizes its 
proposal to define TUF values of 0.14 for Hot, 0.49 for Warm, and 0.37 
for Cold in appendix J for semi-automatic clothes washers.
b. Cycles Required for Test
    Inherent to semi-automatic clothes washer operation is that the 
clothes washer provides the same cycle operation for a given load size 
and cycle setting, regardless of the water temperature that the user 
provides. 86 FR 49140, 49168. As a result, when testing a semi-
automatic clothes washer, machine energy consumption, total water 
consumption, bone-dry weight, cycle-completion weight, and cycle time 
for a given load size are unaffected by wash/rinse temperature. Id. 
When testing a given load size, only the relative amount of cold and 
hot water consumption is based on the water temperature provided by the 
user. Id. For the Cold cycle as proposed, all of the water used is 
cold; for the Hot cycle as proposed, all of the water used is hot; and 
for the Warm cycle as proposed, half of the water used is cold and half 
is hot.\42\ Based on these relationships, for a given load size, once 
one of the test cycles has been performed and the total water 
consumption determined, the relative amounts of cold and hot water for 
the other required cycles can be determined formulaically rather than 
needing to be determined through testing. Id. Therefore, DOE 
tentatively determined that testing all three of the proposed 
temperature selections would be unnecessary, and that only a single 
test cycle is required for a given load size. Id. In the September 2021 
NOPR, DOE proposed in new appendix J to require testing only the Cold 
cycle, and to determine the representative values for the Hot and Warm 
cycles formulaically based on the values measured for the Cold cycle. 
Id. This approach would reduce the test burden for semi-automatic 
clothes washers by requiring only two test cycles to be conducted 
(using the small and large test loads with the Cold cycle) as opposed 
to six cycles (using the small and large test loads with the Cold, 
Warm, and Hot cycles) and obtaining the other required values through 
calculation. Id.
---------------------------------------------------------------------------

    \42\ These water use determinations are based on the water 
faucet positions specified in section 3.2.3.2 of appendix J2, which 
specifies that to obtain a hot inlet water temperature, open the hot 
water faucet completely and close the cold water faucet; for a warm 
inlet water temperature, open both hot and cold water faucets 
completely; and for a cold inlet water temperature, close the hot 
water faucet and open the cold water faucet completely.

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

[[Page 33345]]

    DOE also noted that if it were to require measuring six temperature 
selections (Hot/Hot, Hot/Warm, Hot/Cold, Warm/Warm, Warm/Cold, and 
Cold/Cold), the determination of hot and cold water use would be more 
complicated for temperature selections that require a water temperature 
change. 86 FR 49140, 49168-49169. The tester would first need to 
determine the proportion of wash water to rinse water, in order to be 
able to apportion the total volume of cold and hot water used between 
wash and rinse for each of the temperature selections determined 
formulaically. 86 FR 49140, 49169.
    In the September 2021 NOPR, DOE requested comment on its proposal 
to require semi-automatic clothes washers to be tested using only the 
Cold cycle, and to determine the representative values for the Warm and 
Hot cycles formulaically, for the proposed new appendix J. 86 FR 49140, 
49168.
    DOE did not receive any comments regarding the proposal to require 
semi-automatic clothes washers to test only the Cold cycle, and to 
determine the representative values for the Warm and Hot cycles 
formulaically, for the proposed new appendix J.
    For the reasons stated above, DOE finalizes its proposal, 
consistent with the September 2021 NOPR, to require semi-automatic 
clothes washers to be tested using only the Cold cycle, and to 
determine the representative values for the Warm and Hot cycles 
formulaically, for the proposed new appendix J.
c. Implementation
    To implement the changes described above for semi-automatic clothes 
washers, DOE proposed in the September 2021 NOPR to create a section 
3.4 in the new appendix J (see discussion in section III.H.7 of this 
document for an explanation of how section 3 of the new appendix J was 
proposed to be structured) specifying the cycles required for testing 
semi-automatic clothes washers. 86 FR 49140, 49169. DOE proposed a new 
section 3.4.1 that would specify the required test measurements for the 
Cold cycle and would define variables for each measured value and a new 
section 3.4.2 that would specify the formulas used to calculate the 
representative values for the Warm and Hot cycles, based on the 
measured values from the Cold cycle. Id.
    DOE also proposed to create a section 2.12.2 in the new appendix J 
to state that the energy test cycle for semi-automatic clothes washers 
includes only the Cold Wash/Cold Rinse (``Cold'') test cycle. Id. DOE 
also proposed to create a section 2.12.1, which would parallel the 
current section 2.12 in appendix J2 and would be identified as applying 
to automatic clothes washers. Id. DOE further proposed to specify that 
section 3.2.1 of the new appendix J (which would mirror section 3.2.4 
of appendix J2) would apply only to automatic clothes washers. Id.
    In the September 2021 NOPR, DOE requested comment on whether to 
include explicit instructions for how to test semi-automatic clothes 
washers in appendix J2, and if so, whether DOE should implement the 
same procedures being proposed for the proposed new appendix J. 86 FR 
49140, 49168. DOE also requested feedback on how manufacturers of semi-
automatic clothes washers are currently testing their products using 
appendix J2. Id.
    DOE did not receive any comments regarding the proposed 
implementation details for including explicit instructions on how to 
test semi-automatic clothes washers in appendix J. DOE also did not 
receive any comments on how manufacturers of semi-automatic clothes 
washers are currently testing their products using appendix J2 or 
whether to include explicit instructions for how to test semi-automatic 
clothes washers in appendix J2.
    For the reasons stated above, DOE finalizes its proposal, 
consistent with the September 2021 NOPR, to create a section 3.4 in the 
new appendix J specifying the cycles required for testing semi-
automatic clothes washers, including a new section 3.4.1 that specifies 
the required test measurements for the Cold cycle and defines variables 
for each measured value; and a new section 3.4.2 that specifies the 
formulas used to calculate the representative values for the Warm and 
Hot cycles, based on the measured values from the Cold cycle. DOE also 
finalizes its proposal, consistent with the September 2021 NOPR, to 
create a section 2.12.2 in the new appendix J to state that the energy 
test cycle for semi-automatic clothes washers includes only the Cold 
test cycle.
9. Optional Cycle Modifiers
    Section 3.2.7 of appendix J2 previously stated that for clothes 
washers with electronic control systems, the manufacturer default 
settings must be used for any cycle selections, except for (1) the 
temperature selection, (2) the wash water fill levels, or (3) if 
necessary, the spin speeds on wash cycles used to determine RMC. 
Specifically, the manufacturer default settings must be used for wash 
conditions such as agitation/tumble operation, soil level, spin speed 
on wash cycles used to determine energy and water consumption, wash 
times, rinse times, optional rinse settings, water heating time for 
water-heating clothes washers, and all other wash parameters or 
optional features applicable to that wash cycle. Any optional wash 
cycle feature or setting (other than wash/rinse temperature, water fill 
level selection, or spin speed on wash cycles used to determine RMC) 
that is activated by default on the wash cycle under test must be 
included for testing unless the manufacturer instructions recommend not 
selecting this option, or recommend selecting a different option, for 
washing normally soiled cotton clothing.
    DOE has observed a trend towards increased availability of optional 
cycle modifiers. 86 FR 49140, 49169. These optional settings may 
significantly impact the water and/or energy consumption of the clothes 
washer when activated. Id. DOE has observed that the default setting of 
these optional settings on the Normal cycle is most often in the off 
position; i.e., the least energy- and water-intensive setting. Id. DOE 
suggested that the growing presence of such features may, however, be 
indicative of an increase in consumer demand and/or usage of these 
features. Id.
    As noted in the September 2021 NOPR, DOE is not aware of any 
consumer usage data concerning the use of optional cycle modifiers, nor 
did interested parties provide any such data. 86 FR 49140, 49170. 
Although DOE maintains that the growing presence of such features may 
be indicative of an increase in consumer usage of these features, DOE 
lacks consumer usage data that would be required to incorporate the 
testing of such features in the test procedure. Id. Therefore, DOE did 
not propose to change the current requirement to use the manufacturer 
default settings for optional cycle modifiers. Id.
    As discussed in section III.D.4 of this document, new appendix J 
requires measuring RMC on each tested cycle using the default spin 
settings for each cycle. Id. Consistent with this change from appendix 
J2, DOE proposed in the September 2021 NOPR to remove ``spin speeds on 
wash cycles used to determine RMC'' from the list of cycle settings 
that are excluded from the requirement to use the manufacturer default 
settings in section 3.2.4 (Manufacturer default settings) of the new 
appendix J. Id.
    DOE requested comment on maintaining the current requirement to use 
the manufacturer default settings for optional cycle modifiers. Id.

[[Page 33346]]

    The Joint Efficiency Advocates encouraged DOE to investigate the 
usage of cycle modifiers and consumer spin cycle selection behaviors, 
and their impact on energy and water use. (Joint Efficiency Advocates, 
No. 28 at p. 7) The Joint Efficiency Advocates stated that they agree 
with DOE's statement in the September 2021 NOPR that cycle modifiers 
have a growing presence, as evidenced by the fact that ``deep fill'' is 
a clothes washer selection filter on certain appliance vendors' 
websites. (Id.) The Joint Efficiency Advocates asserted that cycle 
modifiers such as ``deep fill'' are being captured by the test 
procedure only in certain cases. (e.g., user-adjustable automatic 
clothes washers that have the ``deep fill'' setting on the water level 
control, which would be captured by the provision in section 3.2.6.2.2 
of appendix J2, versus clothes washers that have a separate ``deep 
fill'' button that would be considered a cycle modifier and would not 
be tested under the proposed amended test procedure). (Id.) The Joint 
Efficiency Advocates also restated their comments in response to the 
May 2020 RFI, that if the test procedure requires testing of optional 
cycle modifiers only in their default position, and the default 
settings for optional modifiers are most often in the ``off'' position, 
the test procedure effectively assigns a value of zero to the energy 
and water use of those features, which the Joint Efficiency Advocates 
asserted is not representative of consumer use. (Id.) Additionally, the 
Joint Efficiency Advocates commented that while DOE's proposal to 
measure RMC on each energy test cycle using the default spin setting is 
an improvement upon the current RMC testing method, consumers may still 
select spin settings that are not the default setting, and that the 
proposed amended test procedure may not accurately reflect real-world 
energy usage. (Id.) The Joint Efficiency Advocates therefore concluded 
that DOE should pursue data regarding consumer behavior for spin 
setting selection at different temperature cycles. (Id.)
    The CA IOUs recommended that DOE conduct exploratory research 
testing on cycle modifiers and consider future amendments to the test 
procedure to ensure that the energy conservation standards are 
representative of actual field energy and water use. (CA IOUs, No. 29 
at p. 6) The CA IOUs also recommended that DOE invest in a national 
study to determine how consumers use additional cycle modifiers on a 
national scale. (Id.)
    AHAM commented in support of DOE's proposal to maintain the current 
requirement to use the manufacturer default settings for optional cycle 
modifiers. (AHAM, No. 27 at p. 14) AHAM also commented that it agrees 
with DOE's proposal to remove ``spin speeds on wash cycles used to 
determine RMC'' from the list of cycle settings that are excluded from 
the requirement to use the manufacturer default settings. (Id.)
    Regarding the Joint Efficiency Advocates' assertion that certain 
implementations of ``deep fill'' would be captured by the test 
procedure but that a separate deep fill button would be considered a 
cycle modifier and not be tested, the language of section 3.2.7 
regarding use of default settings during testing does not apply to wash 
water fill levels.\43\ Irrespective of how a deep fill feature is 
implemented on the control panel (e.g., whether as a setting on the 
water level control or as separate ``deep fill'' button), the ``deep 
fill'' option would be tested if the feature meets the definition of a 
user-adjustable adaptive WFCS (see further discussion of this 
definition in section III.H.3.a of this document).
---------------------------------------------------------------------------

    \43\ Section 3.2.7 of appendix J2 states that for clothes 
washers with electronic control systems, use the manufacturer 
default settings for any cycle selections, except for (1) the 
temperature selection, (2) the wash water fill levels, or (3) if 
necessary, the spin speeds on wash cycles used to determine 
remaining moisture content. (emphasis added)
---------------------------------------------------------------------------

    DOE recognizes, as discussed, that clothes washer control panels 
continue to become more complex. The plethora of cycle modifiers 
available--implemented differently by each manufacturer--creates a 
significant challenge in collecting data on consumer usage and in 
considering test procedures for these features that would be 
representative of an average use cycle or period of use without being 
unduly burdensome to conduct, as required by EPCA. DOE lacks data and 
information that could provide insights into average consumer use of 
cycle modifiers.
    For the reasons stated above, DOE is finalizing its proposal, 
consistent with the September 2021 NOPR, to specify in section 3.2.4 of 
new appendix J the use of manufacturer default settings for optional 
cycle modifiers other than temperature selections and wash water fill 
levels, and to remove ``spin speeds on wash cycles used to determine 
RMC'' from the list of cycle settings that are excluded from the 
requirement to use the manufacturer default settings.
10. Clothes Washers With Connected Functionality
    DOE is aware of several ``connected'' RCW models currently on the 
market, from at least six major manufacturers. As discussed in the 
September 2021 NOPR, these products offer optional wireless network 
connectivity to enable features such as remote monitoring and control 
via smartphone, as well as certain demand response features \44\ 
available through partnerships with a small number of local electric 
utilities. 86 FR 49140, 49170. In addition, connected features are 
available via certain external communication modules for CCWs. Id. 
However, DOE is not aware of any CCW models currently on the market 
that incorporate connected features directly into the unit. Id.
---------------------------------------------------------------------------

    \44\ ``Demand response features'' refers to product 
functionality that can be controlled by the ``smart grid'' to 
improve the overall operation of the electrical grid, for example by 
reducing energy consumption during peak periods and/or shifting 
power consumption to off-peak periods.
---------------------------------------------------------------------------

    As noted previously, section 3.2.7 of appendix J2 previously 
specified using the manufacturer default settings for any cycle 
selections except temperature selection, wash water fill level, or spin 
speed. Furthermore, section 3.9.1 of appendix J2 specifies performing 
the combined low-power mode testing without changing any control panel 
settings used for the active mode wash cycle.
    As discussed in the September 2021 NOPR, if connected features on a 
clothes washer affect its inactive mode power consumption in the as-
shipped configuration (e.g., by energizing a wireless communication 
chip on the circuit board by default), such impact would be measured by 
the current test procedure provisions in section 3.9 of appendix J2 for 
measuring combined low-power mode power. Id. Whereas, if the inactive 
mode power consumption is not affected unless the consumer actively 
enables the connected functionality on the unit, any incremental 
inactive mode power consumption resulting from the connected features 
would not be measured by the current test procedure, because the test 
procedure does not include instructions for activating any such 
features before performing the low-power mode measurement. Id. 
Similarly, any incremental energy consumption in active mode, or any 
other modes of operation impacted by the product's connected features, 
would not be measured as part of the current DOE test procedure, 
because the test cycle requirements in section 3.2.7 of appendix J2 do 
not include instructions for activating any such features before 
performing the active mode test cycles. Id.
    In the September 2021 NOPR, DOE recognized the potential benefits 
that could be provided by connected

[[Page 33347]]

capability, such as providing energy saving benefits to consumers, 
enabling peak load shifting on the electrical grid, and other consumer-
related benefits. 86 FR 49140, 49171. While a number of connected 
clothes washers are currently on the market with varying 
implementations of connected features, DOE is not aware of any data 
available regarding the consumer use of connected features. Id.
    DOE also noted that while the current test procedure does not 
specifically consider energy use of network features, the test 
procedure may result in the measurement of the energy use of connected 
features in inactive mode. 86 FR 49140, 49171. Specifically, as 
discussed, any energy use of connected features would be measured in 
section 3.9 of appendix J2 for measuring combined low-power mode power 
if the connected features are enabled in the ``as-shipped'' 
configuration. Id. If the consumer is required to actively enable the 
connected functionality, however, such energy consumption would not be 
measured. Id. Similarly, any incremental energy consumption in active 
mode, or any other modes of operation impacted by the product's 
connected features, would not be measured because the test cycle 
requirements in section 3.2.7 of appendix J2 do not include 
instructions for activating any such features before performing the 
active mode test cycles. Id.
    Given the lack of data to establish a test configuration that would 
be representative of consumer use of connected features on clothes 
washers, DOE proposed to amend section 3.2.7 of appendix J2 and section 
3.2.4 of the new appendix J to specify that network settings (on 
clothes washers with network capabilities) must be disabled during 
testing if such settings can be disabled by the end-user, and the 
product's user manual provides instructions on how to do so. Id.
    If, however, connected functionality cannot be disabled by the end-
user or the product's user manual does not provide instruction for 
disabling connected functionality that is enabled by default, DOE 
proposed that the unit must be tested with the network capability in 
the factory default setting as specified in the current test procedure. 
Id. DOE preliminarily determined that if connected functionality cannot 
be disabled, or the product's user manual does not provide instruction 
for disabling the function, it is more representative to include the 
energy consumption of the clothes washer in the default condition, 
including the enabled connected function, than to exclude the energy 
consumption associated with the connected feature. Id. As such, the 
energy consumption of a connected function that cannot be disabled 
would continue to be measured, as in the current test procedure. Id. 
This approach is consistent with the microwave ovens supplemental NOPR 
published on August 3, 2021, and with the consumer clothes dryer final 
rule published on October 8, 2021. 86 FR 41759 and 86 FR 56608.
    DOE requested comment on its proposed amendment to appendix J2 and 
the proposed new appendix J to specify that network settings (on 
clothes washers with network capabilities) must be disabled during 
testing if such settings can be disabled by the end-user, and the 
product's user manual provides instructions on how to do so. 86 FR 
49140, 49171. DOE also requested information and data regarding 
connected clothes washers that could inform future test procedure 
considerations. Id.
    Whirlpool stated that it supports DOE's proposal to specify that 
network settings on clothes washers with connected functionality should 
be disabled during testing if such settings can be disabled by the end 
user, and if the product's user manual provides instructions on how to 
do so. (Whirlpool, No. 26 at p. 11)
    AHAM commented that it does not oppose the intent behind DOE's 
proposal regarding network-connected clothes washers, but recommended 
that DOE refrain from using the term ``disabled'' and instead adopt 
terminology consistent with IEC Standard 62301, ``Household electrical 
appliances--Measurement of standby power,'' Edition 2.0, 2011-01. 
(AHAM, No. 27 at p. 14) Specifically, AHAM noted that the definition of 
``low power mode'' in IEC 62301 has three conditions: Off, standby, and 
network. (Id.) AHAM added that the power consumption in standby and 
network modes are often negligible, but are not always zero. (Id.) AHAM 
expressed concern that DOE's use of the term ``disable'' could mean 
that power consumption must be zero, which may lead to confusion and 
inaccurate testing. (Id.) AHAM recommended that instead of calling for 
connected functionality to be disabled, DOE should adopt the use of 
``low power mode'' as defined in IEC 62301 as a setting in which the 
testing of connected products may occur. (Id.) AHAM added that the 
approach in IEC 62301 is desirable because connected functionalities 
are still evolving, as are the use cases that connected devices employ, 
and the low power definition in IEC 62301 allows for more flexibility 
while offering the clarity DOE seeks when it comes to connected 
functionality testing for clothes washers. (Id.)
    The Joint Efficiency Advocates recommended that DOE test clothes 
washers with network-connected functionality in their as-shipped 
setting for both the active cycle and low-power modes. (Joint 
Efficiency Advocates, No. 28 at p. 4) The Joint Efficiency Advocates 
commented that while they support clarifying the instructions for 
network-connected functionality testing, they are concerned that DOE's 
proposal to test clothes washers with the network-connected functions 
disabled if such settings can be disabled by the end-user via user 
manual instructions would allow many clothes washers to be tested with 
connected functionality disabled even though those functions may not be 
disabled in the field. (Id.) The Joint Efficiency Advocates asserted 
that if a clothes washer with connected functionality is shipped with 
those features enabled, it is unlikely that most consumers will take 
the necessary steps to disable those features. (Id.) The Joint 
Efficiency Advocates therefore concluded that DOE's proposal for 
testing network-connected functionality would not be representative of 
the model's standby power consumption. (Id.)
    The CA IOUs commented that they support testing all products with 
connected functionality in their as-shipped configuration. (CA IOUs, 
No. 29 at p. 7) The CA IOUs added that there is existing precedent for 
testing network-connected functions in their as-shipped configurations 
that was established under the October 12, 2021 test procedure final 
rule for refrigeration products.\45\ (Id.) The CA IOUs also commented 
that for clothes washers that have directions to disable network-
connected functionality, there is no information available to confirm 
whether consumers disable these functions and at what rate they do so. 
(Id.) The CA IOUs further asserted that without specific consumer use 
information, it is reasonable to assume consumers will operate network-
connected clothes washers in their as-shipped condition, and that 
anything to the contrary would imply a direct action by the consumer 
for which no supporting data exists. (Id.) The CA IOUs requested that 
if such data does exist, DOE should publish this

[[Page 33348]]

information for all stakeholders to view. (Id.)
---------------------------------------------------------------------------

    \45\ The October 12, 2021 test procedure final rule for 
refrigeration products is available online at www.regulations.gov/document/EERE-2017-BT-TP-0004-0029.
---------------------------------------------------------------------------

    The Joint Commenters commented that they disagree with DOE's 
proposal to disable connected functionality during testing. (Joint 
Commenters, No. 31 at pp. 5-6) The Joint Commenters instead recommended 
that DOE require testing connected functionality for all clothes 
washers in the as-shipped configuration. (Id.) The Joint Commenters 
commented that their technical research shows that clothes washers with 
connected functionality may use varying amounts of energy on low power 
mode, and that data trends predict that connected functionality will 
likely be present in 25 percent of RCWs by 2023. (Id.) The Joint 
Commenters further commented that testing connected functionality for 
all clothes washers in the as-shipped condition would reduce test 
burden since the test technician would not need to disable connected 
functionality before low power mode testing. (Id.) The Joint Commenters 
also stated that testing connected functionality in the as-shipped 
configuration would be more representative of typical use, asserting 
that consumers are more likely to use the clothes washer as shipped, 
instead of making extra efforts to disable connected functionality, 
even if they choose not to use it. (Id.) The Joint Commenters also 
added that DOE's general approach in clothes washers and in other 
product categories is to use the default position for most features. 
(Id.)
    Mutrux recommended that DOE implement a more nuanced tracking of 
the standby states of connected appliances since, according to the 
Electronics Device & Networks Annex (``EDNA''), network-connected 
clothes washers are expected to see a ``high rate of proliferation.'' 
(Mutrux, No. 19 at pp. 1-2) Mutrux cited EDNA data showing that smart 
appliances draw an average of 0.4 watts on standby mode, and that the 
worldwide energy consumption of standby power by smart appliances is 
predicted to be 7 terawatt-hours in 2025. (Id.) Mutrux recommended that 
DOE test the three standby configurations proposed by the Edison 
Electric Institute to amend energy conservation standards for 
appliances: Standby non-connected (for traditional clothes washers that 
do not have ``smart'' features and cannot connect to any external 
network or device); standby connected (for ``smart'' clothes washers 
that connect to smart home networks or smart devices); and standby 
disconnected (for ``smart'' clothes washers that have the ability to 
disconnect from smart home networks and smart devices based on user 
command or as a default mode if it detects problems with the 
communication network). (Id.) Mutrux suggested test procedure 
provisions that would address the configuration for network-connected 
functionality. (Id.) Mutrux's proposal specified that clothes washers 
should be tested either (1) without any connectivity if the washing 
machine does not have ``smart'' features and cannot connect to any 
external network or device, or (2) both (a) with network-connected 
settings disabled (if connected settings can be disabled by the end-
user and the product's user manual provides instructions on how to do 
so) or on their ``default mode'' if the clothes washer detects problems 
with the communication network and (b) with their network-connected 
functions enabled. (Id.)
    As discussed, DOE is aware of a number of clothes washers on the 
market with varying implementations of connected functionality. On such 
products, DOE has observed inconsistent implementations of these 
connected features across different brands, and that the design and 
operation of these features is continuously evolving as the nascent 
market continues to grow for these products.
    DOE remains unaware of any data available, nor did interested 
parties provide any such data, regarding the consumer use of connected 
features. Therefore, DOE is unable to establish a representative test 
configuration for assessing the energy consumption of connected 
functionality for clothes washers during an average period of use.
    Furthermore, as noted, while DOE's prior test procedure did not 
explicitly require the measurement of energy use associated with any 
connected features, the previous test procedure, in its required 
measurement of standby mode and off mode power, may have captured the 
energy used by features that provide connected functionality. 
Specifically, any energy use of such connected features may have been 
measured in section 3.9 of previous appendix J2 if manufacturers' 
instructions specify that the features be turned on, or if the 
connected functionality is enabled by default when the unit is powered 
on. If, however, a manufacturer does not provide such an instruction, 
and the product ships with connected features disabled, then such 
energy consumption would not have been measured under the prior test 
procedure because the test cycle requirements in section 3.2.7 of 
appendix J2 did not include instructions for activating any such 
features before performing the active mode test cycles.
    Therefore, to ensure the repeatability and comparability of test 
results between models, especially those with connected functionality, 
DOE is finalizing its proposal, consistent with the September 2021 
NOPR, to specify in section 3.2.7 of appendix J2 and section 3.2.4 of 
the new appendix J that network settings (on clothes washers with 
network capabilities) must be disabled during testing if such settings 
can be disabled by the end-user, and the product's user manual provides 
instructions on how to do so.
    DOE has determined that if network functionality cannot be disabled 
by the consumer, or if the manufacturer's user manual does not provide 
instruction for disabling the function, including the energy 
consumption of the enabled network function is more representative than 
excluding the energy consumption associated with the network function. 
For such products, the energy consumption of a connected function that 
cannot be disabled will continue to be measured, as in the previous 
test procedure.
    Regarding AHAM's comment on use of the term ``disabled,'' DOE does 
not agree that the term ``disable'' implies that the power consumption 
must be zero. The wording implemented in this final rule specifies that 
``. . . the network settings must be disabled throughout testing if 
such settings can be disabled by the end-user . . .'' No implication 
regarding the resulting power consumption is intended by this 
instruction. DOE also notes that this wording maintains consistency 
with the clothes dryer test procedures as amended by the final rule 
published October 8, 2021 (``October 2021 clothes dryer Final 
Rule'').\46\ 86 FR 56608.
---------------------------------------------------------------------------

    \46\ The October 2021 consumer clothes dryers test procedure 
final rule is available online at: www.regulations.gov/document/EERE-2014-BT-TP-0034-0039.
---------------------------------------------------------------------------

    Regarding consideration of alternate methodologies for categorizing 
and testing low power modes (e.g., through further reference to IEC 
62301 or to procedures developed by Edison Electric Institute, as 
suggested by commenters), DOE developed its low-power mode definitions 
and test provisions in the March 2012 Final Rule consistent with the 
requirements of EPCA to integrate measures of standby mode and off mode 
energy consumption into the overall energy efficiency, energy 
consumption, or other energy descriptor, while considering the most 
current version of IEC 62301; (42 U.S.C. 6295(gg)(2)(A)) while also 
considering EPCA requirements that any test procedures shall be 
reasonably designed

[[Page 33349]]

to produce test results which measure energy efficiency, energy use or 
estimated annual operating cost of a covered product or equipment 
during a representative average use cycle or period of use and shall 
not be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3); 42 U.S.C. 
6314(a)(2))

E. Metrics

1. Replacing Capacity With Weighted-Average Load Size
    As discussed, the current energy efficiency standards for RCWs are 
based on the IMEF metric, measured in ft\3\/kWh/cycle, as calculated in 
section 4.6 of appendix J2. IMEF is calculated as the capacity of the 
clothes container (in ft\3\) divided by the total clothes washer energy 
consumption (in kWh) per cycle. The total clothes washer energy 
consumption per cycle is the sum of: (a) The machine electrical energy 
consumption; (b) the water heating energy consumption; (c) the energy 
required for removal of the remaining moisture in the wash load; and 
(d) the combined low-power mode energy consumption.
    The current energy efficiency standards for CCWs are based on the 
MEFJ2 metric, measured in ft\3\/kWh/cycle, as determined in 
section 4.5 of appendix J2. The MEFJ2 metric differs from 
the IMEF metric by not including the combined low-power mode energy 
consumption in the total clothes washer energy consumption per cycle.
    The current water efficiency standards for both RCWs and CCWs are 
based on the IWF metric, measured in gal/cycle/ft\3\, as calculated in 
section 4.2.13 of appendix J2. IWF is calculated as the total weighted 
per-cycle water consumption (in gallons) for all wash cycles divided by 
the capacity of the clothes container (in ft\3\).
    In the September 2021 NOPR, DOE noted that energy use (the 
denominator of the IMEF and MEFJ2 equations) scales with 
weighted-average load size, whereas capacity (the numerator of the IMEF 
and MEFJ2 equations) scales with maximum load size. 86 FR 
49140, 49172. This provides an inherent numerical advantage to large-
capacity clothes washers that is disproportionate to the efficiency 
advantage that can be achieved through ``economies of scale'' 
associated with washing larger loads. Id. This advantage means that a 
larger-capacity clothes washer consumes more energy to wash a pound of 
clothes than a smaller-capacity clothes washer with the same IMEF 
rating. Id. This relationship applies similarly to water efficiency 
through the IWF equation. Id. As noted in the comments summarized in 
the September 2021 NOPR, this disproportionate benefit increases as 
average clothes washer capacity increases over time. Id. To avoid 
providing bias for large-capacity clothes washers, DOE proposed to 
change the energy and water efficiency metrics in the new appendix J by 
replacing the capacity term with the weighted-average load size, in 
pounds. Id. Under this proposed change, energy and water use would 
scale proportionally with weighted-average load size in the IMEF, 
MEFJ2, and IWF formulas and thus eliminate the efficiency 
bias currently provided to large-capacity clothes washers. Id.
    EPCA defines energy efficiency as ``the ratio of the useful output 
of services from a consumer product to the energy use of such 
product.'' (42 U.S.C. 6291(5); 42 U.S.C. 6311(3)) In the current 
efficiency metrics, clothes washer capacity is used to represent the 
measure of useful output. In the September 2021 NOPR, DOE tentatively 
determined that clothing load size (i.e., the weight of clothes 
cleaned), expressed as the weighted-average load size, may better 
represent the ``useful output'' of a clothes washer. 86 FR 49140, 
49172.
    DOE clarified that were DOE to finalize the proposed metric change, 
changes to the energy conservation standards would be addressed in an 
energy conservation standards rulemaking. Id.
    In the September 2021 NOPR, DOE requested comment on its proposal 
to replace the capacity term with weighted-average load size in the 
energy efficiency metrics and the water efficiency metric in the new 
appendix J. Id.
    Samsung commented that it supports DOE's proposal to base the 
efficiency metrics on load size instead of clothes washer capacity. 
(Samsung, No. 30 at p. 3) Samsung added that this proposed change will 
be better understood by consumers and will result in only a numerical 
change since the clothes washer volume and weighted-average load size 
relationship is linear. (Id.)
    The CA IOUs commented in support of DOE's proposal to define the 
efficiency metrics based on the weighted-average load size instead of 
clothes washer capacity, stating that it would help eliminate part of 
the inherent bias toward larger-capacity clothes washers. (CA IOUs, No. 
29 at p. 2; CA IOUs, No. 18 at p. 16)
    The Joint Commenters commented in support of DOE's proposal to 
replace the capacity term in the efficiency metrics with a weighted-
average load size term in new appendix J. (Joint Commenters, No. 31 at 
p. 4) The Joint Commenters further commented that as the average basket 
volume has increased from 2.7 ft\3\ when the test procedure was first 
developed to 4.4 ft\3\ in 2019, aspects of the current test procedure 
and efficiency metrics created unintended advantages for larger 
capacity clothes washers. (Id.) The Joint Commenters specifically noted 
that larger capacity clothes washers could use more energy and water 
per pound of textile washed than smaller capacity clothes washers with 
the same IMEF ratings, without necessarily being more efficient than 
smaller clothes washers. (Id.) The Joint Commenters additionally 
commented in support of DOE's proposed new efficiency metrics due to 
the EER and WER metrics being similar to the appendix D2 efficiency 
metrics for clothes dryers, which also express efficiency in pounds of 
textile per kWh. (Id.)
    The Joint Efficiency Advocates commented that DOE's proposal to 
base efficiency metrics on load size instead of capacity is an 
important step towards eliminating the current bias towards large-
capacity washers and that it will alter the relative efficiency 
rankings of machines, will provide a more accurate representation of 
real-world efficiency across models, and will help consumers make more 
informed purchasing decisions. (Joint Efficiency Advocates, No. 28 at 
p. 1)
    AHAM commented that DOE does not need to change the efficiency 
metrics. (AHAM, No. 27 at pp. 7-8) AHAM also commented that in order to 
provide fully formed comments to DOE on its proposal to introduce new 
efficiency metrics, AHAM needs to understand the impact of the proposed 
changes on products as well as on consumer understanding of the 
metrics. (Id.) Additionally, AHAM commented that since DOE will not be 
able to easily ``crosswalk'' current standards to account for the 
changes in measured efficiency use, DOE's proposals will require 
significant testing and data gathering, which AHAM is just beginning. 
(Id.) AHAM emphasized that the main reason AHAM opposes DOE's process 
of issuing the proposed test procedure and standards preliminary 
analysis concurrently is because it needs more time to understand the 
new metrics' impact on products, consumers and manufacturers. (Id.)
    As discussed previously, the impacts to measured energy as a result 
of changing the metrics were accounted for in the crosswalk between the 
then-current appendix J2 and appendix J metrics developed for the 
September 2021 RCW Standards Preliminary

[[Page 33350]]

Analysis. As stated in the preliminary analysis, DOE plans to continue 
testing additional units to appendix J and will continue to refine its 
approach for determining appropriate crosswalk translations in future 
stages of the standards rulemaking. DOE also welcomes any additional 
data submitted by interested parties as part of the ongoing standards 
rulemaking process.
    Considering the discussion presented in the September 2021 NOPR and 
comments received from interested parties, DOE has determined that 
clothing load size (i.e., the weight of clothes cleaned), expressed as 
the weighted-average load size, better represent the ``useful output'' 
of a clothes washer. As stated, the current metrics provide an inherent 
numerical advantage to large-capacity clothes washers that is 
disproportionate to the efficiency advantage that can be achieved 
through ``economies of scale'' associated with washing larger loads. 
Also as stated, under the new metrics adopted in new appendix J, energy 
and water use scale proportionally with weighted-average load size in 
the EER, AEER, and WER formulas and thus eliminate the efficiency bias 
currently provided to large-capacity clothes washers.
    For the reasons discussed, DOE is finalizing its proposal, 
consistent with the September 2021 NOPR, to change the energy and water 
efficiency metrics in the new appendix J by replacing the capacity term 
with the weighted-average load size, in pounds.
    In the September 2021 NOPR, DOE proposed to rename the efficiency 
metrics in the new appendix J to avoid any confusion between the 
proposed new metrics and the existing metrics. Id. DOE proposed to 
designate EER as the energy efficiency metric for RCWs (replacing 
IMEF); AEER as the energy efficiency metric for CCWs (replacing 
MEFJ2) and WER as the water efficiency metric for both RCWs 
and CCWs (replacing IWF). As proposed, EER would be calculated as the 
quotient of the weighted-average load size (in lb) divided by the total 
clothes washer energy consumption (in kWh) per cycle; and AEER would be 
calculated as the quotient of the weighted-average load size (in lb) 
divided by the total clothes washer energy consumption (in kWh) per 
cycle not including the combined low-power mode energy consumption. Id. 
Section III.E.2 of this document describes how WER would be calculated.
    DOE also proposed to establish provisions in 10 CFR 430.23(j) to 
specify the procedure for determining EER and WER for RCWs, and in 10 
CFR 431.154 to specify the procedure for determining AEER and WER for 
CCWs. Id.
    DOE requested comment on its proposed names for the proposed new 
efficiency metrics in new appendix J: Energy efficiency ratio (EER), 
active-mode energy efficiency ratio (AEER), and water efficiency ratio 
(WER).
    The CA IOUs and the Joint Commenters supported DOE renaming the 
efficiency metrics to EER and WER. (CA IOUs, No. 29 at p. 2; Joint 
Commenters, No. 31 at p. 4) No other comments were received with regard 
to the name changes for the metrics.
    For the reasons discussed above, DOE is finalizing its proposals, 
consistent with the September 2021 NOPR, to rename the efficiency 
metrics in new appendix J and to establish provisions in 10 CFR 
430.23(j) to specify the procedure for determining EER and WER for 
RCWs, and in 10 CFR 431.154 to specify the procedure for determining 
AEER and WER for CCWs.
2. Inverting the Water Metric
    As described previously, IWF is calculated in section 4.2.13 of 
appendix J2 as the total weighted per-cycle water consumption (in 
gallons) for all wash cycles divided by the capacity of the clothes 
container (in ft\3\). Unlike the IMEF metric, in which a higher number 
indicates more efficient performance, a lower IWF value indicates more 
efficient performance.
    In the September 2021 NOPR, DOE proposed to invert the water 
metric, in conjunction with replacing the capacity term with weighted-
average load size, as described in the previous section. 86 FR 49140, 
49173. By inverting the metric, a higher value would represent more 
efficient performance, consistent with the energy efficiency metrics. 
In addition, by inverting the metric, the proposed WER metric would 
represent the ratio of the useful output of services to the water use 
of the product, consistent with EPCA's definition of energy efficiency 
as described. Id.
    DOE proposed to define WER in the new appendix J as the quotient of 
the weighted-average load size (in lb) divided by the total weighted 
per-cycle water consumption for all wash cycles (in gallons). Id.
    DOE requested comment on its proposal to invert the water 
efficiency metric in new appendix J and calculate the newly defined WER 
metric as the quotient of the weighted-average load size divided by the 
total weighted per-cycle water consumption for all wash cycles. Id.
    AHAM commented that upon initial review, inversion makes sense from 
a theoretical standpoint given the other proposed changes to the test 
procedure. (AHAM, No. 27 at p. 8)
    The CA IOUs commented in support of DOE's proposal to invert the 
water metric so that it is aligns with the energy metric, for which 
higher values will equate to more efficient products. (CA IOUs, No. 29 
at p. 1) The CA IOUs stated that they believe this will provide better 
clarity to consumer seeking efficient products. (Id.)
    The Joint Commenters commented in support of DOE's proposal to 
invert the water efficiency metric so that a higher number signifies 
increased efficiency, stating that it is more intuitive to pair higher 
numbers with higher efficiency. (Joint Commenters, No. 31 at p. 11) The 
Joint Commenters also added that there is value in aligning the 
appendix J2 metrics so that higher is better for both metrics. (Id.)
    For the reasons stated above, DOE is finalizing its proposal, 
consistent with the September 2021 NOPR, to invert the water metric in 
the new appendix J and thereby define WER as the quotient of the 
weighted-average load size (in lb) divided by the total weighted per-
cycle water consumption for all wash cycles (in gallons).
    DOE considered whether to invert to the IWF metric in appendix J2 
to align with the MEFJ2 and IMEF metrics such that a higher 
value would indicate higher efficiency. While doing so would provide 
the same benefits described previously as justification for inverting 
the water metric in new appendix J, changing the metric would require 
manufacturers to recertify every model, would require DOE to amend its 
standards according to the new metric, and would not provide 
information to the consumer that is any more representative than the 
current metric. Accordingly, DOE has determined that the burdens 
imposed by inverting the water metric in appendix J2 would outweigh the 
benefits; i.e., such a change would be unduly burdensome. This final 
rule makes no change to the IWF water metric in appendix J2.
3. Representation Requirements
    Representation requirements for RCWs and CCWs are codified at 10 
CFR 429.20(a) and 10 CFR 429.46(a), respectively.
    In the September 2021 NOPR, DOE proposed to specify that the 
sampling requirements for RCWs specified at 10 CFR 429.20(a)(2)(ii) 
would also apply to the new proposed EER and WER metrics when using the 
new appendix J. 86 FR 49140, 49174. DOE also proposed to clarify that 
the capacity specified in 10 CFR 429.20(a)(3) is the clothes container 
capacity (emphasis added). Id.

[[Page 33351]]

    DOE further proposed to specify that the sampling requirements 
specified for CCWs at 10 CFR 429.46(a)(2)(ii) would also apply to the 
new proposed AEER and WER metrics when using the new appendix J. Id.
    DOE requested comment on its proposed representation and sampling 
requirements for RCWs and CCWs when tested according to new appendix J 
and the proposed clarification. Id.
    DOE did not receive any comments regarding is proposal regarding 
representation and sampling requirements for RCWs and CCWs.
    DOE is finalizing its proposal, consistent with the September 2021 
NOPR, to specify that the sampling requirements for RCWs specified at 
10 CFR 429.20(a)(2)(ii) also apply to the new EER and WER metrics when 
using the new appendix J; to clarify that the capacity specified in 10 
CFR 429.20(a)(3) is the clothes container capacity; and to specify that 
the sampling requirements specified for CCWs at 10 CFR 429.46(a)(2)(ii) 
also apply to the new AEER and WER metrics when using the new appendix 
J.

F. Cleaning Performance

    EPCA requires DOE to consider any lessening of the utility or the 
performance of the covered products (and certain commercial equipment, 
including CCWs) likely to result from the imposition of potential new 
or amended standards. (42 U.S.C. 6295(o)(2)(B)(i)(IV); 42 U.S.C. 
6316(a)) EPCA prohibits DOE from prescribing an amended or new standard 
if the Secretary finds that interested persons have established by a 
preponderance of the evidence that the standard is likely to result in 
the unavailability in the United States 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 in the United States at the time of 
the Secretary's finding. (42 U.S.C. 6295(o)(4)) \47\
---------------------------------------------------------------------------

    \47\ The unavailability provision is applicable to CCWs under 42 
U.S.C. 6316(a).
---------------------------------------------------------------------------

    EPCA authorizes DOE to design test procedures that measure energy 
efficiency, energy use, water use (in the case of showerheads, faucets, 
water closets and urinals), or estimated annual operating cost of a 
covered product during a representative average use cycle or period of 
use. (42 U.S.C. 6293(b)(3)) DOE regulates only the energy and water 
efficiency of clothes washers, and DOE's clothes washer test procedures 
do not prescribe a method for testing clothes washer cleaning 
performance.
    In the September 2021 NOPR, DOE noted that, as indicated by 
stakeholder comments, multiple test procedures from industry and 
international organizations are available for measuring clothes washer 
cleaning performance (among other attributes). 86 FR 49140, 49175. DOE 
stated that it may conduct research and testing that uses these or 
other established test methods as part of an energy conservation 
standards rulemaking to evaluate any lessening of the utility or the 
performance of the covered products likely to result from the 
imposition of potential new or amended standards, as required by EPCA. 
Id. For example, in the most recent energy conservation standards final 
rule for CCWs, published on December 15, 2014 (``December 2014 Final 
Rule''), DOE conducted performance testing using AHAM's HLW-1-2010 test 
procedure to quantitatively evaluate potential impacts on cleaning 
performance, rinsing performance, and solid particle removal as a 
result of higher standard levels. 79 FR 74492, 74506.
    In the September 2021 NOPR, DOE did not propose to add a cleaning 
performance test procedure to new appendix J or to appendix J2. 86 FR 
49140, 49175.
    Samsung suggested that DOE's test procedure should ensure a product 
performs its basic function. (Samsung, No. 30 at p. 2) Samsung 
commented that DOE has already established such a test procedure for 
ENERGY STAR called the ``Test Method for Determining Residential 
Clothes Washer Cleaning Performance'' \48\ (``the ENERGY STAR cleaning 
performance test''). (Id.) Samsung added that the ENERGY STAR test 
method uses similar conditions to appendix J2 and could serve as a 
uniform test procedure for DOE, manufacturers, and other stakeholders 
to ensure that products perform their basic functionality while 
reaching new minimum efficiency thresholds. (Id.) Samsung suggested 
that DOE add the ENERGY STAR test method as an informative appendix to 
the clothes washer test procedure. (Id.)
---------------------------------------------------------------------------

    \48\ The ENERGY STAR ``Test Method for Determining Residential 
Clothes Washer Cleaning Performance'' is available online at: 
www.energystar.gov/sites/default/files/asset/document/Test%20Method%20for%20Determining%20Residential%20Clothes%20Washer%20Cleaning%20Performance%20-%20July%202018_0.pdf.
---------------------------------------------------------------------------

    Whirlpool commented in support of DOE's preliminary determination 
not to propose a cleaning performance test procedure to the proposed 
appendix J or updated appendix J2 test procedures. (Whirlpool, No. 26 
at p. 11) Whirlpool recommended that DOE consider the performance 
impacts of any new or amended standards and test procedures, but 
specified that a cleaning performance test method does not need to be 
developed. (Id.)
    AHAM commented that it agrees with DOE's proposal not to add a 
cleaning performance test procedure to appendix J2 and new appendix J, 
asserting that it is not within DOE's authority under EPCA to include a 
performance metric or test. (AHAM, No. 27 at p. 15) AHAM commented, 
however, that cleaning performance is a critical consideration in the 
development of energy conservation standards because, under EPCA, DOE 
must consider the impact of potential new or amended efficiency 
standards on performance and consumer utility. (Id.) AHAM therefore 
commented that it supports a robust analysis of the potential impact of 
proposed new or amended standards on product performance and utility. 
(Id.) AHAM specifically recommended test procedures, such as AHAM HLW-
2-2020: ``Performance Evaluation Procedures for Household Clothes 
Washers'' \49\ to evaluate cleaning performance, and recommended that 
DOE consider testing that would evaluate other performance concerns, 
consumer feedback, and other input. (Id.)
---------------------------------------------------------------------------

    \49\ AHAM HLW-2-2020: ``Performance Evaluation Procedures for 
Household Clothes Washers'' is available for purchase online at: 
www.aham.org/ItemDetail?iProductCode=20002&Category=MADSTD.
---------------------------------------------------------------------------

    As discussed, EPCA requires DOE to establish test procedures that 
are reasonably designed to produce test results that measure energy 
efficiency, energy use, water use (for certain products), or estimated 
annual operating cost of a covered product during a representative 
average use cycle or period of use, as determined by the Secretary, and 
shall not be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) DOE's 
test procedure for clothes washers identifies the ``normal cycle'' as 
the cycle representative of consumer use, defines the term ``normal 
cycle,'' requires testing using the ``normal cycle,'' and compliance 
with the applicable standards is determined based on the measured 
energy and water use of the ``normal cycle.'' 10 CFR 430.23(j) and 10 
CFR 430 subpart B appendix J2. The ``normal cycle'' is defined as the 
cycle recommended by the manufacturer (considering manufacturer 
instructions, control panel labeling, and other markings on the clothes 
washer) for normal, regular, or

[[Page 33352]]

typical use for washing up to a full load of normally soiled cotton 
clothing.\50\ Section 1.25 of appendix J2. As such, the existing test 
procedure does not define what constitutes ``washing'' up to a full 
load of normally soiled cotton clothing (i.e., the cleaning 
performance).
---------------------------------------------------------------------------

    \50\ The definition of ``normal cycle'' also specifies that 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 
MEFJ2 value.
---------------------------------------------------------------------------

    For clothes washers, the cleaning performance at the completion of 
a cycle influences how a consumer uses the product. If the cleanliness 
of the clothing after completion of a wash cycle does not meet consumer 
expectations, consumers may alter their use of the clothes washer. For 
example, consumers may alter the use of the product by choosing cycle 
modifiers to enhance the performance of the selected cycle; selecting 
an alternate cycle that consumes more energy and water to provide a 
higher level of cleaning; operating the selected cycle multiple times; 
or pre-treating (e.g., pre-soaking in water) clothing items before 
loading into the clothes washer to achieve an acceptable level of 
cleaning. As summarized in the September 2021 NOPR, DOE received 
comment from Samsung in response to the May 2020 RFI expressing concern 
that unless clothes washers perform at a minimum level of acceptable 
functionality on the Normal cycle, consumers may use other energy- or 
water-intensive modes and unknowingly sacrifice energy efficiency. 
(Samsung, No. 6 at p. 2) 86 FR 49140, 49174.
    In general, a consumer-acceptable level of cleaning performance 
(i.e., a representative average use cycle) can be easier to achieve 
through the use of higher amounts of energy and water use during the 
clothes washer cycle.\51\ Conversely, maintaining acceptable cleaning 
performance can be more difficult as energy and water levels are 
reduced. Improving one aspect of clothes performance, such as reducing 
energy and/or water use as a result of energy conservation standards, 
may require a trade-off with one or more other aspects of performance, 
such as cleaning performance. DOE expects, however, that consumers 
maintain the same expectations of cleaning performance regardless of 
the efficiency of the clothes washer. As the clothes washer market 
continuously evolves to higher levels of efficiency--either as a result 
of mandatory minimum standards or in response to voluntary programs 
such as ENERGY STAR--it becomes increasingly more important that DOE 
ensures that its test procedure continues to reflect representative 
use. As such, the normal cycle that is used to test the clothes washer 
for energy and water performance must be one that provides a consumer-
acceptable level of cleaning performance, even as efficiency increases.
---------------------------------------------------------------------------

    \51\ Higher energy use may provide increased thermal and 
mechanical action for removing soils. Similarly, higher water use 
may provide better rinsing performance by reducing the amount of 
soil re-deposition on the clothing.
---------------------------------------------------------------------------

    DOE considered, in order to ensure that DOE's clothes washer test 
procedure accurately and fully tests clothes washers during a 
representative average use cycle, whether to propose amendments to the 
test procedure to define what constitutes ``washing up to a full load 
of normally soiled cotton clothing'' (i.e., the cleaning performance) 
to better represent consumer use of the product. DOE notes that it 
proposed amendments in this regard to its dishwasher test procedure in 
a NOPR published December 21, 2021 (``December 2021 dishwasher NOPR''). 
86 FR 72738. Specifically, in the December 2021 dishwasher NOPR, DOE 
proposed to include a methodology for calculating a per-cycle cleaning 
index metric--using a methodology defined in the relevant industry 
standard--and to establish a minimum cleaning index threshold as a 
condition for a test cycle to be valid. Id.
    The ENERGY STAR cleaning performance test has been developed by DOE 
in partnership with U.S. Environmental Protection Agency (``EPA'') to 
determine cleaning performance for clothes washers that meet the ENERGY 
STAR Most Efficient criteria. Cleaning performance is determined on the 
same test units immediately following the energy and water consumption 
tests for ENERGY STAR qualification.
    The ENERGY STAR cleaning performance test is based largely on the 
procedures specified in AHAM HLW-1-2013, but using DOE test cloth 
rather than the 100 percent cotton materials specified in AHAM HLW-1-
2013. The test uses standardized soil/stain removal test strips 
specified in AHAM HLW-1-2013, which are attached to individual pieces 
of test cloth within the load. Testing is performed using the specific 
detergent formulation specified in AHAM HLW-1-2013. The test is 
performed three times on the hottest Warm/Cold temperature selection 
with the maximum load size. After each test, the test strips are 
separated from the cloth, allowed to dry, and the post-wash reflectance 
of each strip is measured to determine how much of each stain was 
removed. A total cleaning score is calculated based on the post-wash 
reflectance values. In order to qualify for ENERGY STAR Most Efficient, 
clothes washers must achieve a minimum total cleaning score of 85.0.
    Since the ENERGY STAR cleaning performance test requires a separate 
set of tests conducted after the DOE energy and water consumption 
tests, it introduces additional test burden beyond the testing required 
to determine compliance with minimum standards. The use of soil/stain 
strips and detergent, and the instrumentation required to measure post-
wash reflectance, also introduce additional material and equipment 
requirements beyond the requirements of the DOE test procedure.
    As discussed, the AHAM HLW-2-2020 test procedure specifies use of a 
100-percent cotton load for testing, which is inconsistent with the 
test load prescribed by the DOE test procedure. Requiring different 
load materials would increase test burden, and given the prevalence of 
adaptive water fill clothes washers (particularly among ENERGY STAR-
qualified clothes washers), the energy and water use associated with 
the AHAM cleaning performance measurement would not be consistent with 
the energy and water use associated with the DOE test procedure. Test 
load composition is further discussed in section III.I.1 of this 
document.
    As stated previously, EPCA requires DOE to establish test 
procedures that are reasonably designed to produce test results that 
measure energy efficiency, energy use, water use, or estimated annual 
operating cost of a covered product during a representative average use 
cycle or period of use, and not be unduly burdensome to conduct. (42 
U.S.C. 6293(b)(3)) DOE is unable to make a determination at this time 
as to whether the ENERGY STAR test procedure for determining cleaning 
performance or the AHAM HLW-2-2020 test procedure would produce results 
for DOE's purposes that are representative of an average use cycle, as 
required by EPCA. Furthermore, both test procedures would introduce 
additional test burden, and DOE is unable to assess whether the 
additional burden would be outweighed by the benefits of incorporating 
either test.
    For these reasons, DOE is finalizing its proposal, consistent with 
the September 2021 NOPR, to not include a measure of cleaning 
performance in the new appendix J or appendix J2 at this time.

[[Page 33353]]

G. Consumer Usage Assumptions

    Discussion and consideration of consumer usage assumptions are 
provided in the following paragraphs.
1. Annual Number of Wash Cycles
    Section 4.4 of appendix J2 provides the representative average 
number of annual clothes washer cycles to translate the annualized 
inactive and off mode energy consumption measurements into a per-cycle 
value applied to each active mode wash cycle. Separately, the number of 
annual wash cycles is also referenced in DOE's test procedure 
provisions at 10 CFR 430.23(j)(1)(i)(A) and (B), (j)(1)(ii)(A) and (B), 
and (j)(3)(i) and (ii) to calculate annual operating cost and annual 
water consumption of a clothes washer. This value was most recently 
updated in the March 2012 Final Rule, to 295 wash cycles per year based 
on an analysis of the 2005 RECS data. 77 FR 13888, 13909.
    Based on the data from the 2015 RECS survey (the most recent data 
available), DOE proposed in the September 2021 NOPR to update the 
number of annual wash cycles to 234 in the new appendix J. 86 FR 49140, 
49154. In proposing this update, DOE considered comments received from 
AHAM and NEEA in response to the May 2020 RFI. Id. The proposed updated 
value would impact the per-cycle low-power mode energy consumption 
value included in the calculation of IMEF and EER. Id. The per-cycle 
low-power mode energy consumption would be divided by a smaller number 
(i.e., 234 instead of 295), and would therefore increase by around 25 
percent. Id. See further discussion of the proposed changes to the 
calculation of low-power mode energy in section III.G.3 of this 
document.
    In addition to other changes discussed in section III.H.6 of this 
document, DOE proposed to update 10 CFR 430.23(j)(1)(i) and (j)(3)(i) 
such that the annual operating cost and annual water consumption 
calculation would reflect the new proposed number of annual wash cycles 
when a clothes washer is tested using the new appendix J, if finalized. 
Id.
    DOE requested comment on its proposal to update the number of 
annual wash cycles to 234 in the new appendix J and 10 CFR 
430.23(j)(1)(i) and (j)(3)(i).
    DOE did not receive any further comments in response to the 
September 2021 NOPR regarding its proposal to update the number of 
annual wash cycles.
    For the reasons discussed, DOE is finalizing its proposal, 
consistent with the September 2021 NOPR, to update the number of annual 
wash cycles to 234 in the low-power mode formula in section 4.6.2 of 
the new appendix J, in 10 CFR 430.23(j)(1)(i), and in 10 CFR 
430.23(j)(3)(i).
2. Drying Energy Assumptions
    Section 4.3 of appendix J2 provides an equation for calculating 
total per-cycle energy consumption for removal of moisture from the 
clothes washer test load in a clothes dryer, i.e., the ``drying 
energy.'' DOE first introduced the drying energy equation in appendix 
J1 as part of the August 1997 Final Rule. The drying energy calculation 
is based on the following three assumed values: (1) A clothes dryer 
final moisture content of 4 percent; (2) the nominal energy required 
for a clothes dryer to remove moisture from a pound of clothes 
(``DEF'') of 0.5 kWh/lb; and (3) a clothes dryer usage factor (``DUF'') 
of 0.91, representing the percentage of clothes washer loads dried in a 
clothes dryer.
    DOE did not propose to make any changes to the values of DEF or DUF 
and received no comments in response to the September 2021 NOPR on its 
preliminary determination to maintain those values. DOE is maintaining 
these values in this final rule.
    Regarding the dryer final moisture content, DOE's test procedure 
for clothes dryers, codified at 10 CFR part 430, subpart B, appendix D1 
(``appendix D1''), prescribes a final moisture content between 2.5 and 
5.0 percent, which is consistent with the 4-percent final moisture 
content value in the clothes washer test procedure for determining the 
drying energy.
    However, DOE's alternate clothes dryer test procedure at appendix 
D2, prescribes a final moisture content between 1 and 2.5 percent for 
timer dryers, which are clothes dryers that can be preset to carry out 
at least one operation that is terminated by a timer, but may also be 
manually controlled without including any automatic termination 
function. For automatic termination control dryers, which can be preset 
to carry out at least one sequence of operations to be terminated by 
means of a system assessing, directly or indirectly, the moisture 
content of the load, the test cycle is deemed invalid if the clothes 
dryer terminates the cycle at a final moisture content greater than 2 
percent. Section 3.3.2 of appendix D2. In the October 2021 clothes 
dryer Final Rile, DOE stated that the current 2-percent final moisture 
content requirement using the DOE test cloth was adopted as 
representative of approximately 5-percent final moisture content for 
``real-world'' clothing, based on data submitted in a joint petition 
for rulemaking.\52\ DOE determined that the specified 2-percent final 
moisture content using the DOE test load was representative of consumer 
expectations for dryness of clothing in field use. 86 FR 56608, 56626.
---------------------------------------------------------------------------

    \52\ The petition was submitted by AHAM, Whirlpool Corporation, 
General Electric Company, Electrolux, LG Electronics, Inc., BSH, 
Alliance Laundry Systems, Viking Range, Sub-Zero Wolf, Friedrich A/
C, U-Line, Samsung, Sharp Electronics, Miele, Heat Controller, AGA 
Marvel, Brown Stove, Haier, Fagor America, Airwell Group, Arcelik, 
Fisher & Paykel, Scotsman Ice, Indesit, Kuppersbusch, Kelon, 
DeLonghi, American Council for an Energy Efficient Economy, 
Appliance Standards Awareness Project, Natural Resources Defense 
Council, Alliance to Save Energy, Alliance for Water Efficiency, 
Northwest Power and Conservation Council, and Northeast Energy 
Efficiency Partnerships, Consumer Federation of America and the 
National Consumer Law Center. See Docket No. EERE-2011-BT-TP-0054, 
No. 3.
---------------------------------------------------------------------------

    In both appendix D1 and appendix D2, timer dryers are allowed a 
range of final moisture contents during the test because DOE concluded 
that it would be unduly burdensome to require the tester to dry the 
test load to an exact final moisture content; however, the measured 
test cycle energy consumption for timer dryers is normalized to 
calculate the energy consumption required to dry the test load to a 
final moisture content of 4 percent in appendix D1 and 2-percent in 
appendix D2.
    Manufacturers may elect to use appendix D2 to demonstrate 
compliance with the January 1, 2015, energy conservation standards; 
however, the procedures in appendix D2 need not be performed to 
determine compliance with energy conservation standards for clothes 
dryers at this time. See introductory paragraph to appendix D1. Use of 
appendix D2 is, however, required for ENERGY STAR certification.\53\ 
Although clothes dryer manufacturers may optionally use appendix D2 to 
demonstrate compliance with the current energy conservation standards, 
appendix D1 provides the basis for the current clothes dryer energy 
conservation standard levels and is the test procedure used as the 
basis for certification for the majority of models on the market.
---------------------------------------------------------------------------

    \53\ The ENERGY STAR Specification of Clothes Dryer Requirements 
Version 1.1 requires the use of appendix D2 for clothes dryers to 
obtain ENERGY STAR certification.
---------------------------------------------------------------------------

    In the September 2021 NOPR, DOE did not propose to change the 
assumed final moisture content of 4 percent in the drying energy 
calculation. 86 FR 49140, 49176.
    The Joint Efficiency Advocates recommended that DOE amend the final 
RMC value in the drying energy

[[Page 33354]]

calculation to align with the clothes dryer test procedure in appendix 
D2, asserting that this would improve the representativeness of the 
test procedure. (Joint Efficiency Advocates, No. 28 at pp. 5-6)
    The CA IOUs commented that they recommend reducing the current 
final remaining moisture content from 4 percent to 2 percent to align 
with the clothes dryer final remaining moisture content specified in 
the appendix D2 test procedure. (CA IOUs, No. 29 at pp. 8-9; CA IOUs, 
No. 18 at pp. 28-29) The CA IOUs also commented that, as stated in the 
October 2021 clothes dryer Final Rule, a final remaining moisture 
content of 2 percent is representative of the ``consumer-acceptable'' 
dryness level for real-life clothing loads with varying weights, 
composition, and load size. (Id.)
    On April 19, 2021, DOE published an energy conservation standards 
preliminary analysis for consumer clothes dryers (``April 2021 clothes 
dryer standards preliminary analysis'') and an accompanying TSD.\54\ 86 
FR 20327. In the April 2021 clothes dryer preliminary analysis, DOE 
relied on test data using appendix D2 to establish efficiency levels, 
indicating use of appendix D2 to define future amended standards for 
clothes dryers. Id. at 20333; see also chapter 5 of the accompanying 
TSD. Updating the final moisture content assumption in the drying 
energy formula in appendix J to 2 percent would ensure consistency 
between the clothes washer and clothes dryer test procedures to be used 
as the basis for future standards for clothes washers and clothes 
dryers, respectively.
---------------------------------------------------------------------------

    \54\ The TSD for the April 2021 clothes dryer standards 
preliminary analysis is available at www.regulations.gov/document/EERE-2014-BT-STD-0058-0016.
---------------------------------------------------------------------------

    For these reasons, in this final rule DOE is defining the final 
moisture content in section 4.4 of the new appendix J as 2 percent.
3. Low-Power Mode Assumptions
    Section 4.4 of appendix J2 allocates 8,465 combined annual hours 
for inactive and off modes. The allocation of 8,465 hours to combined 
inactive and off modes is based on assumptions of 1 hour per cycle and 
295 cycles per year, resulting in 295 active mode hours (for a total of 
8,760 hours per year for all operating modes). As described in the 
September 2010 NOPR and confirmed in the March 2012 Final Rule, the 
estimate of 1 hour per cycle was based on a 2005 report from the EPA 
\55\ that summarized test data from three issues of the Consumer 
Reports magazine, which showed top-loading clothes washers with 
``normal'' cycle times of 37-55 minutes and frontloading clothes 
washers with ``normal'' cycle times of 51-105 minutes.\56\
---------------------------------------------------------------------------

    \55\ C. Wilkes et al. 2005. ``Quantification of Exposure-Related 
Water Uses for Various U.S. Subpopulations.'' U.S. Environmental 
Protection Agency, Office of Research and Development. Report No. 
EPA/600/R-06/003. Washington, DC. December 2005. Available at 
www.wilkestech.com/205edrb06_Final_Water_Use_Report.pdf.
    \56\ These studies appeared in the July 1998, July 1999, and 
August 2000 issues of Consumer Reports, as cited by EPA.
---------------------------------------------------------------------------

    For the new appendix J, DOE proposed in the September 2021 NOPR to 
update the number of hours spent in low-power mode from a fixed 8,465 
total hours to a formula based on the clothes washer's measured cycle 
time, as discussed in section III.D.5 of this document, and the updated 
number of annual cycles, as discussed in section III.G.1 of this 
document. 86 FR 49140, 49177. This proposal would provide for a more 
representative allocation of hours between active mode and low-power 
mode. Id. DOE did not propose to make these changes to appendix J2 
because doing so would likely change the measured efficiency, and DOE 
proposed to make such changes only in the new appendix J, which would 
be used for the evaluation and issuance of updated efficiency 
standards, and for determining compliance with those standards. Id.
    DOE requested comment on its proposal to update the number of hours 
spent in low-power mode in the new appendix J from a fixed 8,465 total 
hours to a formula based on measured cycle time and an assumed number 
of annual cycles. Id.
    AHAM commented that there is little or no benefit to consumers or 
energy savings associated with including the cycle time measurement in 
the test procedure since standby energy use is such a small component 
of overall measured efficiency. (AHAM, No. 27 at p. 12) AHAM also noted 
that the European Union does not calculate standby power for its energy 
label. (Id.)
    DOE acknowledges that for most clothes washer models, the low-power 
mode energy consumption is the smallest of the four energy components 
that comprise the EER equation.\57\ However, at higher efficiency 
levels, the low-power mode energy consumption represents a larger 
portion of the total energy consumption than at lower efficiency 
levels. Depending on the low-power mode energy use and its relation to 
the other three energy components, a difference in average cycle time 
of, for example, 30 minutes, 60 minutes, or 90 minutes can have a 
measurable impact on the calculated value of EER, which this final rule 
requires to be rounded to the nearest 0.01 pound per kilowatt-hour per 
cycle (as discussed in section III.E.3 of this document). Further, as 
discussed in section III.D.5.a of this document, DOE has determined 
that requiring test laboratories to measure cycle time will not 
increase test burden. As discussed previously in this section, basing 
the number of hours spent in low-power mode in part on cycle time would 
provide a more representative allocation of hours between active mode 
and low-power mode.
---------------------------------------------------------------------------

    \57\ See, for example, Tables 7.2.1 through 7.2.4 in chapter 7 
of the RCW preliminary analysis TSD, which present the breakdown in 
energy consumption among the four energy components at each analyzed 
efficiency level. Available at www.regulations.gov/document/EERE-2017-BT-STD-0014-0030.
---------------------------------------------------------------------------

    For these reasons, DOE is finalizing its proposal, consistent with 
the September 2021 NOPR, to update the number of hours spent in low-
power mode in the new appendix J from a fixed 8,465 total hours to a 
formula based on measured cycle time and an assumed number of annual 
cycles.
4. Temperature Usage Factors
    TUFs are weighting factors that represent the percentage of wash 
cycles for which consumers choose a particular wash/rinse temperature 
selection. The TUFs in Table 4.1.1 of appendix J2 are based on the TUFs 
established in appendix J1 as part of the August 1997 Final Rule. As 
described in the April 1996 SNOPR, DOE established the TUFs in appendix 
J1 based on an analysis of consumer usage data provided by P&G, AHAM, 
General Electric Company, and Whirlpool, as well as linear regression 
analyses performed by P&G and the National Institute of Standards and 
Technology (``NIST''). 61 FR 17589, 17593.
    As noted in the September 2021 NOPR, DOE is not aware of any 
nationally representative consumer usage data that demonstrate a change 
in temperature setting usage; therefore, DOE did not propose any 
changes to the TUF values. 86 FR 49140, 49178.
    DOE requested comment on maintaining the current TUF values. Id.
    The Joint Commenters commented in support of DOE's proposal to 
maintain the current TUF values, stating that the current TUF values 
are similar to the TUF values found in the 2014 NEEA Field Study. 
(Joint Commenters, No. 31 at p. 11)
    The CA IOUs commented that new appendix J does not adequately 
account for the impact of control panel designs and optional cycle 
modifiers that may

[[Page 33355]]

result in more energy-intensive wash settings. (CA IOUs, No. 29 at p. 
6) The CA IOUs asserted that in cases where a clothes washer's cycle 
settings are continually reset when turned to the on position (e.g., if 
a product always reverts to the default temperatures of Warm/Cold), it 
is likely that the existing TUFs are less representative since users 
are more likely to use the default settings. (Id.) The CA IOUs 
expressed concern that the prevalence of clothes washers with default 
settings today may be considerably different from the initial studies 
used to develop the TUFs in the August 1997 Final Rule, which was 
created when clothes washers more commonly used electromechanical 
controls for water temperature settings instead of using electronic 
controls that revert to defaults. (Id.) The CA IOUs additionally 
commented that, despite the increasing proliferation of additional 
cycle modifiers, DOE proposed not to require testing of any settings 
that are left ``off'' under the default as-shipped settings in new 
appendix J. (Id.)
    DOE notes that the CA IOUs did not provide any data to support the 
assertion that consumers are more likely to use the default wash/rinse 
temperature setting in cases where a clothes washer's cycle settings 
are continually reset when turned to the on position. DOE's general 
understanding of consumer laundry habits, based on decades of 
conversations with manufacturers and evaluating consumer usage studies, 
is that cycle time (e.g., Normal, Heavy Duty, etc.) and wash/rinse 
temperature are the two foundational decisions that consumers make for 
each wash cycle based on the composition of the load being washed. DOE 
notes, for example, that clothing items often include labels indicating 
the appropriate wash temperature to use. DOE further notes that as 
summarized by the Joint Commenters, the TUF values found in the 2014 
NEEA Field Study are similar to the TUF values in appendix J2. (Joint 
Commenters, No. 31 at p. 11)
    For these reasons, in this final rule DOE does not make any changes 
to the TUF values, consistent with the September 2021 NOPR.
5. Load Usage Factors
    As described previously, LUFs are weighting factors that represent 
the percentage of wash cycles that consumers run with a given load 
size. Table 4.1.3 of appendix J2 provides two sets of LUFs based on 
whether the clothes washer has a manual WFCS or automatic WFCS.
    For a clothes washer with a manual WFCS, the two LUFs represent the 
percentage of wash cycles for which consumers choose the maximum water 
fill level and minimum water fill level in conjunction with the maximum 
and minimum load sizes, respectively. For a clothes washer with an 
automatic WFCS, the three LUFs represent the percentage of cycles for 
which the consumer washes a minimum-size, average-size, and maximum-
size load (for which the clothes washer determines the water fill 
level). As discussed in section III.D.1.b of this document, the values 
of these LUFs are intended to approximate a normal distribution that is 
slightly skewed towards the minimum load size.
    As previously discussed in section III.D.1.b of this document, DOE 
proposed in the September 2021 NOPR to replace the minimum, maximum, 
and average load sizes with the small and large load sizes in the new 
appendix J. DOE has defined the small and large load sizes such that 
the small and large load sizes each have an equal (50-50) weighting. As 
such, DOE proposed to update the LUFs in the new appendix J to 0.5 for 
both the small and the large load size. 86 FR 49140, 49178. Because 
this proposal simplified the LUF definitions by using the same LUFs 
regardless of clothes washer WFCS, a separate LUF table would no longer 
be needed. Id. DOE therefore proposed to remove the LUF Table 4.1.3 and 
to define the LUFs as 0.5 in the equations where the LUFs are first 
used in section 4.1.3 of the new appendix J. Id.
    DOE requested comment on its proposal to update the LUFs for the 
small and large load sizes to be equal to 0.5, consistent with the 
proposed load size definitions in the new appendix J. Id.
    DOE received no comments on the updated LUFs for the new appendix 
J.
    For the reasons stated above, DOE is finalizing its proposal, 
consistent with the September 2021 NOPR, to update the LUFs for the 
small and large load sizes to be equal to 0.5 in the new appendix J and 
to remove the LUF table and instead define the LUFs as 0.5 in the 
equations where the LUFs are first used.
6. Water Heater Assumptions
    Section 4.1.2 of appendix J2 provides equations for calculating 
total per-cycle water heating energy consumption for all water fill 
levels tested. The water heating energy consumption is calculated by 
multiplying the measured volume of hot water by a constant fixed 
temperature rise of 75 [deg]F and by the specific heat of water, 
defined as 0.00240 kilowatt-hours per gallon per degree Fahrenheit 
(``kWh/gal-[deg]F''). No efficiency or loss factor is included in this 
calculation, which implies an electric water heater efficiency of 100 
percent. Similarly, section 4.1.4 of appendix J2 provides an equation 
for calculating total per-cycle water heating energy consumption using 
gas-heated or oil-heated water, for product labeling requirements.\58\ 
This equation includes a multiplication factor ``e,'' representing the 
nominal gas or oil water heater efficiency, defined as 0.75. These 
water-heating energy equations estimate the energy required by the 
household water heater to heat the hot water used by the clothes 
washer. Per-cycle water heating energy consumption is one of the four 
energy components in the IMEF metric.
---------------------------------------------------------------------------

    \58\ The Federal Trade Commission's EnergyGuide label for RCWs 
includes the estimated annual operating cost using natural gas water 
heating.
---------------------------------------------------------------------------

    As stated in the September 2021 NOPR, DOE is unaware of any 
nationally representative data regarding heat losses in residential 
water distribution systems. 86 FR 49140, 49179. In the absence of such 
data, DOE did not propose any changes to the assumed water heater 
efficiency factors in the clothes washer test procedure. Id.
    DOE requested comment on maintaining the current water heater 
efficiency assumptions. Id.
    The Joint Efficiency Advocates recommended that DOE use what they 
described as more realistic assumptions about water heater 
efficiencies. (Joint Efficiency Advocates, No. 28 at p. 3) The Joint 
Efficiency Advocates commented that while the current test procedure 
uses a 100 percent efficiency for electric heaters and a 75 percent 
efficiency for gas water heaters, the Joint Efficiency Advocates 
estimated that, based on shipment data from the last water heaters 
rulemaking and current models in the CCMS database,\59\ the shipment-
weighted efficiencies for new water heaters are about 92 percent for 
electric water heaters and 64 percent for gas water heaters. (Id.) The 
Joint Efficiency Advocates asserted that making this change would 
improve representativeness and would more accurately reflect the 
relative contribution of water heating energy use to total clothes 
washer energy use. (Id.)
---------------------------------------------------------------------------

    \59\ The Joint Efficiency Advocates noted that their analysis 
excluded tankless and heat pump water heaters.
---------------------------------------------------------------------------

    Based on the values presented, DOE interprets the Joint Efficiency 
Advocates' comments as referring to a value of uniform energy factor 
(``UEF''). DOE notes that the UEF is a measure of efficiency based in 
part on a 24-hour simulated use test that measures both energy use 
associated with recovery periods (i.e., the energy embedded

[[Page 33356]]

within each water draw) and energy losses during the time in which 
water is not being withdrawn from the water heater (i.e., standby 
energy losses), and incorporates simulated household water draw 
patterns. In a residential household, numerous appliances draw hot 
water from the water heater, including showers, faucets, and 
dishwashers, in addition to clothes washers. Given the number of 
factors not directly related to clothes washer usage that factor into 
the current UEF metric, DOE has determined that it would not be 
appropriate to use UEF as the basis for determining an estimate of 
water heating energy in the clothes washer test procedure.
    Instead, the appropriate efficiency value to use in the clothes 
washer test procedure would be the recovery efficiency, which 
represents the ratio of energy delivered to the water to the energy 
content of the fuel consumed by the water heater. DOE is not aware of 
any data regarding the efficiency distribution of installed water 
heaters on the basis of recovery efficiency. Recover efficiency is, 
however, a reported value in DOE's CCMS database. DOE assessed the 
representativeness of the currently defined efficiency values 
qualitatively as follows. For electric water heaters, the majority of 
the market has a recovery efficiency of 98 percent. Heat pump models 
have recovery efficiencies greater than 100 percent; however, these 
products represent a small market share and an even smaller share of 
the installed stock of water heaters. For gas water heaters, CCMS lists 
a range of recovery efficiencies from 72 to 92 percent, with the vast 
majority within the range of 72 to 80 percent. Given these ranges, DOE 
determines that the current clothes washer test procedure assumptions 
of 100 percent efficiency for electric water heaters and 75 percent 
efficiency for gas water heaters are representative of the current 
water heater market. This final rule maintains the currently specified 
values.
    For these reasons, in this final rule DOE does not make any changes 
to the water heater efficiency assumptions, consistent with the 
September 2021 NOPR.
7. Commercial Clothes Washer Usage
    As mentioned in section I of this document, CCWs are included in 
the list of ``covered equipment'' for which DOE is authorized to 
establish and amend energy conservation standards and test procedures. 
(42 U.S.C. 6311(1)(H)) EPCA requires the test procedures for CCWs to be 
the same as those established for RCWs. (42 U.S.C. 6314(a)(8))
    In response to the May 2020 RFI, several stakeholders requested 
that DOE develop separate usage factors for CCWs, and that DOE require 
standby/low power mode testing for CCWs and that low-power mode energy 
consumption should be incorporated into the energy efficiency metric 
for CCWs. (CA IOUs, No. 8 at pp. 8-14; NEEA, No. 12 at p. 18; Joint 
Commenters, No. 10 at p. 2)
    As part of its market assessment and engineering analysis for the 
December 2014 Final Rule, DOE performed an in-depth evaluation of the 
standby and off mode power characteristics of a representative sample 
of CCWs spanning a wide range of display types, payment systems, and 
communication features. 79 FR 74492, 74501. DOE observed that 
manufacturers offer a variety of display and payment functionalities 
that can be selected independently from the basic model. The standby 
power associated with these different display and payment 
functionalities varies from 0.88 to 11.77 watts.
    In the December 2014 Final Rule, DOE determined not to include low-
power mode energy in the CCW energy efficiency metric. Id. DOE 
determined that promulgating an amended standard that included low-
power mode energy could enable backsliding and that the IMEF metric 
would not provide a useful means for differentiating the active mode 
characteristics of different CCW models. Id. Because of the wide 
variations in standby power, CCWs with significantly different active 
mode ratings could have similar IMEF ratings depending on their control 
panel functionalities, and vice versa. This would diminish the 
usefulness of the IMEF metric as a means for differentiating the active 
mode characteristics of different CCW models. Id.
    Moreover, as noted, EPCA requires the test procedures for CCWs to 
be the same as those established for RCWs. (42 U.S.C. 6314(a)(8)) 
Creating load, temperature, or dryer usage factors specific to CCWs 
within the RCW test procedure would effectively create a separate test 
procedure for CCWs because the LUF, TUF, DUF, and DEF values are 
integral to the calculations of per-cycle energy and water use, on 
which the regulated metrics for RCWs and CCWs are based.
    DOE did not propose any changes to CCW usage factors or to the CCW 
energy efficiency metric in the September 2021 NOPR. 86 FR 49140, 
49180.
    The Joint Efficiency Advocates, the CA IOUs, and the Joint 
Commenters recommended that DOE consider capturing low-power energy 
consumption in the energy efficiency metric for CCWs. (Joint Efficiency 
Advocates, No. 28 at p. 6; CA IOUs, No. 29 at pp. 7-8; Joint 
Commenters, No. 31 at p. 6) The Joint Efficiency Advocates commented 
that they understand that no further change to the test procedure would 
be necessary to include low-power energy use in the efficiency 
standards for CCWs. (Joint Efficiency Advocates, No. 28 at p. 6) The 
Joint Commenters commented that they understand that DOE will determine 
whether low power mode should be measured on CCWs in the CCW energy 
conservation standards rulemaking. (Joint Commenters, No. 31 at p. 6) 
The Joint Commenters added that, according to EPCA, test procedures for 
CCWs must be the same as those established for RCWs and therefore 
encouraged DOE to also make the low power mode energy use approach 
identical for CCWs and RCWs. (Id.)
    The Joint Efficiency Advocates and the CA IOUs commented that they 
understand DOE's stated concerns in the December 2014 Final Rule 
regarding the potential for backsliding that could result from 
incorporating standby mode power consumption into the overall 
efficiency metric for CCWs. (Joint Efficiency Advocates, No. 28 at p. 
6; CA IOUs, No. 29 at p. 8) The Joint Efficiency Advocates commented 
that strengthening the existing standards for CCWs would likely 
alleviate the backsliding concern. (Joint Efficiency Advocates, No. 28 
at p. 6) The CA IOUs commented that the incorporation of a minimum 
standard level for discrete system functions, such as previously 
established for consumer refrigerated products with automatic icemakers 
or for varying payment mechanisms in refrigerated vending machines, 
would limit the risk of backsliding. (CA IOUs, No. 29 at p. 8) The CA 
IOUs commented that they would strongly prefer to have these functions 
measured as part of a standby power test, rather than with default 
adders, to encourage cost-effective designs to reduce energy 
consumption. (Id.)
    DOE reiterates that any decision regarding the inclusion or 
exclusion of low-power mode energy consumption in the CCW energy 
metric--including reconsideration whether promulgating an amended 
standard that includes low-power mode energy could enable backsliding, 
and whether an integrated metric would provide a useful means for 
differentiating the active mode characteristics of different CCW

[[Page 33357]]

models--would be made as part of an energy conservation standards 
rulemaking for CCWs. 86 FR 49140, 49180. This final rule does not 
implement any changes specific to CCWs in either appendix J2 or the new 
appendix J in this regard.

H. Clarifications

1. Water Inlet Hose Length
    As noted in the September 2021 NOPR, DOE has observed an increasing 
trend of water inlet hoses not being included with the purchase of a 
new clothes washer. 86 FR 49140, 49180. DOE has received questions from 
test laboratories asking how to install a clothes washer that does not 
include water inlet hoses among the installation hardware. Id.
    Multiple styles of water inlet hoses (different materials, lengths, 
durability, etc.) are commercially available from appliance and 
hardware retailers. Id. While most such products intended for consumer 
use would be appropriate for installing a clothes washer, DOE seeks to 
provide additional direction to avoid the use of a hose designed for 
niche purposes (i.e., to ensure representativeness) as well as to 
ensure reproducible results among different laboratories. Id. 
Specifically, DOE observes a wide range of hose lengths available on 
the market, and recognizes that using an excessively long hose could 
result in the water temperature or pressure at the clothes washer inlet 
deviating significantly from the temperature and pressure at the test 
fixture. Id. Based on a review of water inlet hoses available at major 
retailers, the most common lengths for clothes washer hoses range from 
3-6 feet (``ft''). In the September 2021 NOPR, DOE proposed to specify 
the use of hoses that do not exceed 72 inches in length (6 ft) in 
section 2.10.1 of the new appendix J. Id.
    DOE requested comment on its proposal to specify the use of hoses 
not to exceed 72 inches in length in the new appendix J. Id. DOE also 
requested comment on the length of inlet hose typically used for 
testing. Id.
    The Joint Commenters commented in support of DOE's proposal to 
standardize water inlet hose length, stating that it would increase 
reproducibility of the test procedure. (Joint Commenters, No 31 at p. 
11)
    AHAM recommended that DOE specify that its water hose length 
proposal is intended for third-party testing only. (AHAM, No. 27 at p. 
15) AHAM also recommended a more reasonable hose length of 48 inches, 
stating that a 72-inch long hose would still retain a significant 
amount of water. (Id.)
    In response to AHAM's suggestion to shorten the proposed maximum 
hose length from 72 to 48 inches, DOE notes that the difference in 
retained water between a 72-inch hose and a 48-inch hose is around 0.01 
gal, which would have a negligible, if any impact on measured 
results.\60\ As discussed above, representative consumer clothes washer 
hoses range from 36 to 72 inches in length. Any length longer than this 
would not be representative of a consumer clothes washer hose; and any 
length shorter than this would not be practical for installing a 
clothes washer to the inlet water supply.
---------------------------------------------------------------------------

    \60\ Calculated as the internal volume of 24 inches of hose with 
an inner diameter of 0.375 inches, which based on DOE research is a 
typical inner diameter for a clothes washer hose. 24 x [pi] x (0.375 
/ 2)\2\ = 2.65 cubic inches = 0.01 gal.
---------------------------------------------------------------------------

    Regarding AHAM's recommendation that DOE specify hose length only 
for third-party testing only, DOE reiterates that the hose 
specifications would only apply in instances in which a clothes washer 
is shipped without inlet hoses. In such instances, the justification 
for specifying a hose length is applicable regardless of whether a 
clothes washer is tested at a third-party laboratory or a manufacturer 
laboratory.
    For these reasons, DOE is finalizing its proposal, consistent with 
the September 2021 NOPR, to specify the use of hoses not to exceed 72 
inches in length in the new appendix J.
2. Water Fill Selection Availability
    Table 2.8 within section 2.8 of appendix J2 requires that, for 
clothes washers with manual WFCS, each temperature selection that is 
part of the energy test cycle be tested using both the minimum and 
maximum water fill levels, using the minimum and maximum load sizes, 
respectively. Section 3.2.6 of appendix J2 describes these water fill 
levels as the minimum and maximum water levels available for the wash 
cycle under test. DOE has observed one RCW model with electronic 
controls in which the maximum water fill level on the unit cannot be 
selected with all of the temperature selections required for testing.; 
i.e., on at least one temperature setting, the maximum water fill that 
can be selected is one of the intermediate fill levels on the unit. In 
such cases generally, the ``reduced maximum'' water fill level for a 
particular temperature setting may not be appropriate for use with the 
maximum load size required for that particular cycle under test. Using 
a maximum load size with a reduced maximum water fill level may not 
provide results that measure energy efficiency and water use during a 
representative average use cycle or period of use, since the 
unavailability of the ``full maximum'' water fill level for that 
particular cycle under test would suggest that the particular 
temperature selection is not intended to be used with a maximum load 
size.
    The RCW model with this characteristic is no longer available on 
the market, and DOE is not aware of any other clothes washer models 
currently on the market with this characteristic. DOE did not propose, 
in the September 2021 NOPR, any amendments to address the potential for 
the maximum load size required by the test procedure to conflict with 
the maximum load size intended or able to be washed on such a cycle. 86 
FR 49140, 49181.
    DOE requested comment on whether it should amend the test procedure 
to accommodate potential future clothes washer models for which the 
maximum load size required by the test procedure conflicts with the 
maximum load size intended or able to be washed with the cycle required 
for testing. Id. If so, DOE sought additional comment on the approaches 
it has considered, or on any other approaches that could be considered, 
that would address this issue in the test procedure. Id.
    AHAM commented that it is not necessary to amend the test procedure 
to include directions for testing clothes washers with water fill 
levels that are only available at certain temperature settings. (AHAM, 
No. 27 at pp. 15-16) AHAM added that while consumers have options 
available for other needs, the Normal cycle remains the most 
representative of consumer use, and there have not been any data to 
prove otherwise. (Id.)
    The Joint Commenters recommended that DOE specify in new appendix J 
that for possible future clothes washer models where the maximum load 
size conflicts with the cycle required for testing, DOE should not 
allow an alternate test load size. (Joint Commenters, No. 31 at p. 10) 
The Joint Commenters commented that an alternate, smaller test load 
would lower the clothes washer's measured water and drying energy use 
to the extent that test results would no longer be comparable to test 
results from other clothes washers of the same load size. (Id.) 
Instead, the Joint Commenters recommended that DOE specify that such a 
clothes washer should be tested with the next most similar program that 
enables the required load size. (Id.)
    As noted, the RCW model for which the maximum water fill level 
cannot be

[[Page 33358]]

selected with all of the temperature selections required for testing is 
no longer available on the market, and DOE is not aware of any other 
clothes washer models currently on the market with this characteristic. 
To the extent that models with this characteristic were to be 
reintroduced the market, more research would be needed to address any 
potential concerns regarding representative use. DOE also notes that 
the amended load sizes defined for new appendix J (in which the 
``large'' load size is smaller than the ``maximum'' load size currently 
defined by appendix J2) would obviate the need for any changes to the 
test procedure for the one RCW model of concern.
    For these reasons, DOE makes no changes to the test procedure to 
accommodate this potential characteristic, consistent with the 
September 2021 NOPR.
3. Water Fill Control Systems
a. Definitions
    Section 1.5 of appendix J2 previously defined ``automatic water 
fill control system'' as a clothes washer WFCS that does not allow or 
require the user to determine or select the water fill level, and 
includes adaptive WFCS and fixed WFCS. Section 1.4 of appendix J2 
previously defined ``adaptive water fill control system'' as a clothes 
washer automatic WFCS that is capable of automatically adjusting the 
water fill level based on the size or weight of the clothes load placed 
in the clothes container. Section 1.14 of appendix J2 previously 
defined ``fixed water fill control system'' as a clothes washer 
automatic WFCS that automatically terminates the fill when the water 
reaches an appropriate level in the clothes container. Section 
3.2.6.2.2 of appendix J2 previously provided testing instructions for a 
``user-adjustable'' automatic WFCS, which were described in that 
section as an automatic water fill control that affects the relative 
wash water levels.
    To provide additional specificity to both appendix J2 and the new 
appendix J, in the September 2021 NOPR DOE proposed revisions to some 
of the WFCS definitions, as follows. 86 FR 49140, 49181.
    DOE proposed to amend the definition of ``fixed water fill control 
system'' to mean ``a clothes washer automatic water fill control system 
that automatically terminates the fill when the water reaches a pre-
defined level that is not based on the size or weight of the clothes 
load placed in the clothes container, without allowing or requiring the 
user to determine or select the water fill level.'' Id. This proposed 
amendment to the definition would specify that the water fill level for 
this type of WFCS is pre-defined (i.e., fixed) and does not vary based 
on the size or weight of the load. Id. The proposal would incorporate 
the same terminology used in the other WFCS definitions so as to more 
clearly articulate how a fixed WFCS relates to the other defined WFCS. 
Id. This amended definition was proposed for inclusion in the new 
appendix J as well. Id.
    To provide greater specificity regarding user-adjustable automatic 
WFCS, DOE proposed to add a definition of a ``user-adjustable automatic 
water fill control system'' to section 1 of both appendix J2 and the 
new appendix J. Id. DOE proposed to define a user-adjustable automatic 
WFCS as ``an automatic clothes washer fill control system that allows 
the user to adjust the amount of water that the machine provides, which 
is based on the size or weight of the clothes load placed in the 
clothes container.'' Id. Given DOE's proposal to create a definition of 
user-adjustable automatic WFCS, DOE proposed to simplify the wording of 
section 3.2.6.2.2 of appendix J2 from ``[c]onduct four tests on clothes 
washers with user adjustable automatic water fill controls that affect 
the relative wash water levels'' to ``[c]onduct four tests on clothes 
washers with user-adjustable automatic water fill controls.'' Id. For 
the new appendix J, section 3.2.3.2.2 would state ``For the large test 
load size, set the water fill selector to the setting that uses the 
most water. Id. For the small test load size, set the water fill 
selector to the setting that uses the least water.'' Id.
    DOE requested comment on its proposed changes to the definition of 
``fixed water fill control system'' and on its proposal to add a 
definition for ``user-adjustable automatic water fill control system.'' 
Id.
    AHAM commented that it agrees that a better definition for a 
``user-adjustable automatic water fill control system'' is needed since 
there is no specific definition for it in appendix J2. (AHAM, No. 27 at 
pp. 5-6) However, AHAM opposed DOE's proposed definition for ``user-
adjustable automatic water fill control system.'' (Id.) AHAM commented 
that the wording used in DOE's proposed definition uses the language in 
the current definition of an ``adaptive water fill control system.'' 
(Id.) AHAM stated that a definition that implies that a ``user-
adjustable adaptive water fill control system'' represents all ``user-
adjustable automatic water fill control systems'' would narrow the 
current scope so that they no longer include ``user-adjustable fixed 
water fill control systems.'' (Id.) AHAM added that DOE's proposed 
definition would also leave a ``user-adjustable fixed water fill 
control system'' undefined. (Id.) AHAM therefore proposed the following 
definition for ``user-adjustable automatic water fill control system'': 
``User-adjustable automatic water fill control system means an 
automatic clothes washer fill control system that allows the user to 
adjust the relative amount of water that the machine provides.'' (Id.) 
AHAM stated that its proposed definition would reduce redundancy by 
removing the last clause of DOE's proposed definition, which duplicates 
the definition of ``adaptive water fill control system,'' and would add 
the word ``relative.'' (Id.) AHAM commentated that it believes that its 
proposed definition is consistent with DOE's intent and urged DOE to 
adopt it. (Id.)
    DOE notes that at the creation of the user-adjustable distinction 
in the August 1997 Final Rule, section 3.2.3.2.2 of appendix J2 \61\ 
referred to clothes washers with ``adaptive'' WFCS that were user-
adjustable. 62 FR 45484, 45510. In the August 2015 Final Rule, DOE 
added a new definition for ``automatic water fill control system,'' 
which included both fixed WFCS and adaptive WFCS, both of which do not 
require user action to determine the water fill level. In creating the 
new definition for automatic WFCS, DOE replaced all instances of 
``adaptive'' WFCS with ``automatic'' WFCS to indicate that such testing 
provisions apply to both adaptive water fill control systems and fixed 
water fill control systems. 80 FR 46730, 46749. As part of these 
changes, reference to ``user adjustable adaptive water fill controls 
that affect the relative wash water level'' in section 3.2.6.2.2 of 
appendix J2 (``User adjustable'') was amended to refer instead to 
``user adjustable automatic water fill controls that affect the 
relative wash water level'' (emphasis added). AHAM's comment has 
prompted DOE to re-evaluate this wording change. Id. Reference to user-
adjustable automatic WFCS implies that the term encompasses both user-
adjustable adaptive and user-adjustable fixed WFCS. However, DOE 
asserts that a WFCS that provides user-adjustable fixed fill water 
levels is essentially a manual WFCS, in the sense that a manual fill 
WFCS automatically terminates the fill when the water reaches the level 
in the clothes container corresponding to the level select by the user 
(i.e., a ``fixed'' water

[[Page 33359]]

level that is not automatically determined based on the size or weight 
of the clothes load and is selectable (i.e., adjustable) by the user). 
Furthermore, DOE notes that the phrase ``controls that affect the 
relative wash water levels'' (emphasis added) in section 3.2.6.2.2 of 
appendix J2 necessarily applies only to a clothes washer with relative 
wash water levels (i.e., wash water levels that are determined based on 
the size or weight of the clothes load). A fixed WFCS does not provide 
relative wash water levels. For these reasons, DOE asserts that the 
word ``automatic'' was incorrectly applied in section 3.2.6.2.2, and 
that section 3.2.6.2.2 pertaining to user-adjustable WFCSs applies only 
to clothes washer with user-adjustable adaptive WFCS.
---------------------------------------------------------------------------

    \61\ Which has since been renumbered as 3.2.6.2.2.
---------------------------------------------------------------------------

    In this final rule, DOE corrects this error and amends section 
3.2.6.2.2 of appendix J2 to revert each instance of ``automatic'' to 
``adaptive.'' Accordingly, in both appendix J2 and new appendix J, DOE 
finalizes the definition of the term ``user-adjustable adaptive water 
fill control system'' consistent with the definition DOE had proposed 
for ``user-adjustable automatic water fill control system'' in the 
September 2021 NOPR, except to replace the word ``automatic'' with 
``adaptive.''
    In reviewing this matter, DOE has further determined that the 
grouping of fixed WFCS and adaptive WFCS into the single term 
``automatic'' WFCS for the sake of simplicity has potentially created 
ambiguity with certain WFCS types, as evidence by the previous example 
in this discussion. In order to provide greater clarity regarding the 
identification of WFCS type and the corresponding test provisions that 
apply, DOE is removing the ``automatic WFCS'' distinction from appendix 
J and creating a new table that distinguishes WFCS based on how the 
user interacts with the controls (i.e., whether the settings are 
adjustable by the user) and whether the size or weight of the clothing 
load affects the water level, as shown in Table III.2 (implemented as 
Table 3.2.3 in new appendix J).

                 Table III.2--Water Fill Control Systems
------------------------------------------------------------------------
                                  Settings are user-   Settings are not
                                      adjustable        user-adjustable
------------------------------------------------------------------------
Water fill level unaffected by    Manual water fill.  Fixed water fill.
 the size or weight of the
 clothing load.
Water fill level is determined    User-adjustable     Non-user-
 automatically by the clothes      adaptive water      adjustable
 washer based on the size and      fill.               adaptive water
 weight of the clothing load.                          fill.
------------------------------------------------------------------------

    With these clarifications, DOE is not changing how any WFCS is 
classified or tested in appendix J in comparison to the proposed 
version of appendix J presented in the September 2021 NOPR. Rather, DOE 
expects that these changes will help more easily distinguish the 
different types of WFCSs and thus better ensure reproducibility of test 
results.
    As part of this clarification, DOE is removing the definition for 
automatic water fill control system from appendix J, and is removing 
the term ``automatic'' from the definitions for adaptive water fill 
control system, fixed water fill control system, and user-adjustable 
adaptive water fill control system. DOE is also relabeling the 
definition of adaptive water fill control system as non-user-adjustable 
adaptive water fill control system to match how this WFCS is presented 
in new table 3.2.3 of appendix J.
    Further, DOE is establishing subsections within section 3.2.3 of 
appendix J to provide water fill level instructions that align more 
directly with the terminology presented in new table 3.2.3 of appendix 
J, as follows:
     Section 3.2.3.1 ``Clothes washers with a manual water fill 
control system'' (consistent with the September 2021 NOPR);
     Section 3.2.3.2 ``Clothes washers with a fixed water fill 
control system'' (as compared to the proposed section 3.2.3.2.1 from 
the September 2021 NOPR titled ``Not user-adjustable'' within section 
3.2.3.2 titled ``Clothes washers with automatic water fill control 
system'');
     Section 3.2.3.3 ``Clothes washers with a user-adjustable 
adaptive water fill control system'' (as compared to the proposed 
section 3.2.3.2.2 from the September 2021 NOPR titled ``User-
adjustable'' within section 3.2.3.2 titled ``Clothes washers with 
automatic water fill control system'');
     Section 3.2.3.4 ``Clothes washers with a non-user-
adjustable adaptive water fill control system'' (as compared to the 
proposed section 3.2.3.2.1 from the September 2021 NOPR titled ``Not 
user-adjustable'' within section 3.2.3.2 titled ``Clothes washers with 
automatic water fill control system''); and
     Section 3.2.3.5 ``Clothes washers with multiple water fill 
control systems'' (as compared to the proposed section 3.2.3.3 from the 
September 2021 NOPR titled ``Clothes washers with automatic water fill 
controls system and alternate manual water fill control system''). DOE 
is further establishing new section 3.2.3.5 to read ``If a clothes 
washer allows user selection among multiple water fill control systems, 
test all water fill control systems and, for each one, calculate the 
energy consumption (HET, MET, and DET) 
and water consumption (QT) values as set forth in section 4 
of this appendix. Then, calculate the average of the tested values (one 
from each water fill control system) for each variable (HET, 
MET, DET, and QT) and use the average 
value for each variable in the final calculations in section 4 of this 
appendix.''
    b. ``Most Energy Intensive'' Wording for User-Adjustable Automatic 
Water Fill Control Systems.
    As discussed, section 3.2.6.2.2 of appendix J2 previously specified 
how to test clothes washers with user-adjustable automatic WFCS. Four 
tests were required:
     A test using the maximum test load size and with the WFCS 
set in the setting that will give the most energy intensive result;
     a test using the minimum test load size and with the WFCS 
set in the setting that will give the least energy intensive result;
     a test using the average test load size and with the WFCS 
set in the setting that will give the most energy intensive result; and
     a test using the average test load size and with the WFCS 
set in the setting that will give the least energy intensive result.
    The provisions requiring testing the most and least energy 
intensive settings were initially adopted in the August 1997 Final 
Rule. 62 FR 45484, 45487. As evident throughout the discussions in the 
August 1997 Final Rule, absent the consideration of drying energy and 
water efficiency,\62\ DOE used the terms

[[Page 33360]]

``most energy intensive'' and ``least energy intensive'' synonymously 
with discussing the water fill amounts.\63\ The terms ``most energy 
intensive'' and ``least energy intensive'' were originally employed to 
provide direction of the water fill amounts required for testing of the 
adaptive WFCS.
---------------------------------------------------------------------------

    \62\ At the time of the August 1997 Final Rule, the applicable 
energy efficiency metric did not include the drying energy 
component, and the energy conservation standards at the time did not 
regulate the water efficiency of clothes washers.
    \63\ For example, in an interim waiver granted to GEA on April 
24, 1996, DOE stated the following: However, the ``sensitivity'' or 
relative fill amounts of the automatic water fill mode can be 
reprogrammed in the secondary programming mode, thus resulting in an 
increase in energy consumption above the manual mode result. 61 FR 
18125, 18127.
---------------------------------------------------------------------------

    As the test procedures and energy conservation standards have been 
amended, the measured energy use accounts for more than just that which 
correlates to the water fill level. However, use of the energy 
intensity terminology remained in the user-adjustable automatic WFCS 
provisions. Given the evolution of clothes washer control systems and 
operation since the August 1997 Final Rule, more precise language is 
needed to avoid an unnecessary determination of whether the highest (or 
lowest) water fill amount on a user-adjustable automatic WFCS 
corresponds to the most (or least) energy intensive setting. Therefore, 
in the September 2021 NOPR, DOE proposed to change the wording in 
section 3.2.6.2.2 of appendix J2 to update the phrase ``the setting 
that will give the most energy intensive result'' to ``the setting that 
uses the most water'' to reflect the original intent of this provision 
and to use the same updated language in section 3.2.3.2.2 of the new 
appendix J. 86 FR 49140, 49182. Similarly, DOE proposed to update the 
phrase ``the setting that will give the least energy intensive result'' 
to ``the setting that uses the least water.''
    DOE requested comment on its proposal to update the wording of 
section 3.2.6.2.2 of appendix J2 and section 3.2.3.2.2 of the new 
appendix J from ``the setting that will give the most energy intensive 
result'' to ``the setting that uses the most water;'' and from ``the 
setting that will give the least energy intensive result'' to ``the 
setting that uses the least water.'' Id.
    AHAM commented that it supports DOE's proposal to update the 
wording in section 3.2.6.2.2 of appendix J2 and section 3.2.3.2.2 of 
new appendix J from ``the setting that will give the most energy 
intensive result'' to ``the setting that uses the most water,'' and 
from ``the setting that will give the least energy intensive result'' 
to ``the setting that uses the least water,'' stating that using the 
most and least ``energy-intensive result'' conflates an energy metric 
with a water use metric, which may lead to confusion. (AHAM, No. 27 at 
p. 5)
    Based on the reasons discussed in the preceding paragraphs, DOE is 
finalizing its proposal, consistent with the September 2021 NOPR, to 
update the wording of section 3.2.6.2.2 of appendix J2 and section 
3.2.3.2.2 of the new appendix J from ``the setting that will give the 
most energy intensive result'' to ``the setting that uses the most 
water;'' and from ``the setting that will give the least energy 
intensive result'' to ``the setting that uses the least water.''
4. Energy Test Cycle Flowcharts
    In the August 2015 Final Rule, DOE implemented a series of 
flowcharts to determine the wash/rinse temperature selections required 
for testing in section 2.12 of appendix J2. 80 FR 46730, 46744.
a. Clarification of Load Size To Be Used for Temperature Comparisons
    Figure 2.12.5 of appendix J2, which is the flow chart used for the 
determination of the Extra-Hot Wash/Cold Rinse temperature selection, 
asks if the wash/rinse temperature selection has a wash temperature 
greater than 135 [deg]F. DOE is aware that for some clothes washers on 
the market, the answer to that question could differ depending on what 
load size is used, i.e., the wash temperature may exceed 135 [deg]F 
only on certain load sizes, meaning that the determination of whether 
the temperature selection is classified as Hot Wash/Cold Rinse or 
Extra-Hot Wash/Cold Rinse would depend on the load size used for making 
the determination. More generally, all of the flowcharts in section 
2.12 require comparing wash and rinse water temperatures across 
different temperature selections, without specifying a load size to be 
used for making these comparisons.
    In the September 2021 NOPR, DOE proposed to specify using the 
maximum load size to evaluate the flow chart for clothes washers tested 
to appendix J2, and the large load size for the new appendix J.\64\ 86 
FR 49140, 49182. The maximum/large load size is the load size expected 
to use the most water (compared to the other load sizes) under each 
appendix, and in DOE's experience, larger quantities of water 
(particularly hot water) provide a more reliable determination of the 
relative differences in water temperature among the various temperature 
settings. Id. Therefore, the maximum/large load size is likely to 
provide the most repeatable and reproducible end result for each 
flowchart. Id.
---------------------------------------------------------------------------

    \64\ See section III.D.1.b of this document for a discussion of 
the definition of the new ``large'' test load size.
---------------------------------------------------------------------------

    DOE notes that Figure 2.12.1 of appendix J2, which is the flow 
chart used for the determination of the Cold/Cold temperature 
selection, provides direction for cases where multiple wash temperature 
selections in the Normal cycle do not use any hot water for any of the 
water fill levels or test load sizes required for testing. Id. For 
appendix J2, DOE proposed that the new clarifying language would not 
apply to the Cold/Cold temperature settings in order to avoid the 
potential need for retesting under appendix J2 if a clothes washer was 
tested in a manner inconsistent with this proposed change. Id. For the 
new appendix J, DOE proposed to delete from the Cold/Cold flowchart 
(Figure 2.12.1) the clause applying it to all tested load sizes, and to 
instead require the use of the large size, consistent with all the 
other wash/rinse temperature selection flowcharts. 86 FR 49140, 49182-
49183.
    DOE requested comment on its proposal to require that the energy 
test cycle flow charts be evaluated using the large load size for all 
wash/rinse temperature settings in the new appendix J. 86 FR 49140, 
49183. DOE also requested comment on its proposal to require that the 
energy test cycle flow charts be evaluated using the maximum load size, 
except for the Cold/Cold flow chart, in appendix J2. Id.
    DOE received no comments on its proposal to require that the energy 
test cycle flow charts be evaluated using the large load size for all 
wash/rinse temperature settings in the new appendix J and using the 
maximum load size, except for the Cold/Cold flow chart, in appendix J2.
    For the reasons discussed in the preceding paragraphs and in the 
September 2021 NOPR, DOE is finalizing its proposal, consistent with 
the September 2021 NOPR, to require that the energy test cycle flow 
charts be evaluated using the large load size for all wash/rinse 
temperature settings in the new appendix J and using the maximum load 
size, except for the Cold/Cold flow chart, in appendix J2.
    P.R. China noted an inconsistency between section 2.12.1 of the 
proposed new appendix J (which P.R. China characterized as prescribing 
that test evaluations be completed using only a large load) and Table 
3.3 of the proposed new appendix J (which prescribes the use of both a 
large and small load), and recommended that DOE fix the inconsistency. 
(P.R. China, No. 25 at p. 3)

[[Page 33361]]

    With regard to the comment from P.R. China that the proposed test 
procedure contains an inconsistency, DOE further explains here the 
intended difference between evaluating the flow charts and conducting 
testing of each wash-rinse temperature selection determined to be 
available on the unit under test. Section 2.12.1 of new appendix J 
specifies that the large load is to be used to evaluate each flow chart 
(i.e., to answer the questions presented in each flow chart) to 
determine which wash/rinse temperatures are present on the unit under 
test. Although only the large load size is used to evaluate the flow 
charts, both the small and large load sizes must be used to test each 
wash/rinse temperature selection. For example, in Figure 2.12.1.5 
(Determination of Extra-Hot Wash/Cold Rinse), the question ``Does the 
Normal cycle contain any wash/rinse temperature selections that [have 
a] wash temperature greater than or equal to 140 [deg]F?'' must be 
evaluated. As discussed in the previous paragraphs, the answer to that 
question could differ for each load size (e.g., using the small load 
size could yield an answer of ``No'', whereas using the large load size 
could yield an answer if ``Yes.'') By specifying that the flow charts 
are evaluated using the large load size, in this example, the answer to 
the question would be the answer ``Yes'' associated with the large load 
size (i.e., the unit under test has an Extra-Hot Wash/Cold Rinse). 
Having made this determination, both the small and large load sizes 
would be tested to the Extra-Hot Wash/Cold Rinse temperature selection.
b. Clothes Washers That Generate All Hot Water Internally
    As described in section III.C.2 of this document, DOE is aware of 
single-inlet clothes washers on the market that intake only cold water 
and internally generate all hot water required for a cycle by means of 
an internal heating element. As observed on the market, these clothes 
washers offer Cold, Warm, Hot, and/or Extra-Hot temperature selections. 
As part of determining the Cold/Cold temperature selection, the 
instruction box in the flowchart in Figure 2.12.1 of appendix J2 
referred to ``. . . multiple wash temperature selections in the Normal 
cycle [that] do not use any hot water for any of the water fill levels 
or test load sizes required for testing[.]''
    In the September 2021 NOPR, DOE proposed the text in Figure 2.12.1 
of both appendix J2 and the new appendix J to state ``. . . use or 
internally generate any heated water . . .'' (emphasis added) so that 
the wording of the Cold/Cold flowchart in both appendices explicitly 
addresses clothes washers that internally generate hot water. 85 FR 
31065, 31074. This change would be consistent with DOE's interpretation 
of the current Cold/Cold flowchart and subsequent flowcharts for the 
Warm Wash and Hot Wash temperature selections for this type of clothes 
washer. Id. DOE further proposed to phrase the description of Warm/Warm 
in Figure 2.12.4 of both appendix J2 and the new appendix J to state 
``. . . rinse temperature selections that add or internally generate 
hot water . . .'' (emphasis added), for the same reasons. 86 FR 49140, 
49183.
    DOE requested comments on its proposal to update the flowcharts for 
Cold/Cold and Warm/Warm in both appendix J2 and the new appendix J to 
explicitly address clothes washers that internally generate hot water. 
Id.
    In the September 2021 NOPR, DOE summarized comments from 
Underwriters Laboratories (``UL'') and AHAM supporting this change. DOE 
received no additional comments in response to the September 2021 NOPR 
on its proposal to update the flowcharts to explicitly address clothes 
washers that internally generate hot water. Id.
    For the reasons discussed in the preceding paragraphs and in the 
September 2021 NOPR, DOE is finalizing its proposal, consistent with 
the September 2021 NOPR, to update the flowcharts to explicitly address 
clothes washers that internally generate hot water.
5. Wash Time Setting
    Section 3.2.5 of appendix J2 defines how to select the wash time 
setting on a clothes washer. If no one wash time is prescribed for the 
wash cycle under test, the wash time setting is the higher of either 
the minimum or 70 percent of the maximum wash time available, 
regardless of the labeling of suggested dial locations. Hereafter in 
this document, DOE refers to this provision as the ``70-percent test.''
a. Electronic vs. Electromechanical Dials
    DOE has observed on the market clothes washers that have an 
electronic cycle selection dial designed to visually simulate a 
conventional electromechanical dial.\65\ Id. Although the electronic 
dial simulates the visual appearance of an electromechanical dial, the 
electronic dial is programmed with a pre-established set of wash cycle 
parameters, including wash time, for each of the discrete cycle 
selections presented on the machine. Id. For this type of cycle 
selection dial, each of the discrete cycle selection options represents 
a selectable ``wash cycle'' as referred to in section 3.2.5 of appendix 
J2, and a wash time is prescribed for each available wash cycle. Id. 
Therefore, for clothes washers with this type of electronic dial, the 
wash cycle selected for testing must correspond to the wash cycle that 
meets the definition of Normal cycle in section 1.25 of appendix J2. 
The wash time setting thus would be the prescribed wash time for the 
selected wash cycle; i.e., the 70- percent test would not apply to this 
type of dial. Id.
---------------------------------------------------------------------------

    \65\ On most electromechanical dials, the rotational position of 
the dial corresponds to the desired wash time. The user rotates the 
dial from the initial ``off'' position to the desired wash time 
position, and after starting the wash cycle, the dial rotates 
throughout the progression of the wash cycle until it reaches the 
``off'' position at the end of the cycle. In contrast, an electronic 
dial contains a fixed number of selectable positions, and the dial 
remains in the selected position for the duration of the wash cycle.
---------------------------------------------------------------------------

    In the September 2021 NOPR, DOE proposed to include in section 
3.2.5.3 of both appendix J2 and the new appendix J the words ``or 
timer'' after the words ``electromechanical dial'' in order to clarify 
the application of the instructions to electronic cycle selection 
dials. Id.
    DOE further proposed in section 3.2.5 of appendix J2 and section 
3.2.2 of the new appendix J \66\ that the first sentence of the section 
would read, ``If the cycle under test offers a range of wash time 
settings, the wash time setting shall be the higher of either the 
minimum or 70 percent of the maximum wash time available for the wash 
cycle under test, regardless of the labeling of suggested dial 
locations'' (emphasis added). 86 FR 49140, 49183-49184. DOE also 
proposed to separate section 3.2.5 of appendix J2 and section 3.2.2 of 
the new appendix J into two subsections: section 3.2.5.1 (in appendix 
J2) and section 3.2.2.1 (in the new appendix J), which specifies the 
wash time setting for a clothes washer cycle with a range of wash time 
settings; and section 3.2.5.2 (in appendix J2) and 3.2.2.2 (in the new 
appendix J), which specifies the dial rotation procedure for a clothes 
washer equipped with an electromechanical dial or timer that rotates in 
both directions. 86 FR 49140, 49184.
---------------------------------------------------------------------------

    \66\ See section III.H.7 of this document for a discussion of 
the structure of section 3 of the new appendix J.
---------------------------------------------------------------------------

    DOE requested comment on its proposal to clarify the wording of the 
wash time setting specifications in section 3.2.5 of appendix J2 and 
section 3.2.2 of the new appendix J. Id.
    AHAM commented in support of DOE's proposed changes concerning

[[Page 33362]]

electromechanical dials. (AHAM, No. 27 at p. 16)
    For the reasons discussed in the preceding paragraphs and in the 
September 2021 NOPR, DOE is finalizing its proposal, consistent with 
the September 2021 NOPR, to include in section 3.2.5.3 of both appendix 
J2 and the new appendix J the words ``or timer'' after the words 
``electromechanical dial'' in order to clarify the application of the 
instructions to electronic cycle selection dials. DOE is also 
finalizing its proposal, consistent with the September 2021 NOPR, that 
in section 3.2.5 of appendix J2 and section 3.2.2 of the new appendix J 
the first sentence of the section reads, ``If the cycle under test 
offers a range of wash time settings, the wash time setting shall be 
the higher of either the minimum or 70 percent of the maximum wash time 
available for the wash cycle under test, regardless of the labeling of 
suggested dial locations.'' DOE is also finalizing its proposal, 
consistent with the September 2021 NOPR, to separate section 3.2.5 of 
appendix J2 and section 3.2.2 of the new appendix J into two 
subsections each.
b. Direction of Dial Rotation
    Section 3.2.5 of appendix J2 states that, for clothes washers with 
electromechanical dials controlling wash time, the dial must be turned 
in the direction of increasing wash time to reach the appropriate wash 
time setting. DOE is aware that not all electromechanical dials 
currently on the market can be turned in the direction of increasing 
wash time. 86 FR 49140, 49184. On such models, the dial can only be 
turned in the direction of decreasing wash time. Accordingly, DOE 
asserted that the direction of rotation need only be prescribed on a 
clothes washer with an electromechanical dial that can rotate in both 
directions. Id.
    In the September 2021 NOPR, DOE proposed to add in section 3.2.5.2 
of appendix J2 and include in section 3.2.2.2 of the new appendix J a 
clause that would specify that the requirement to rotate the dial in 
the direction of increasing wash time would only apply to dials that 
can rotate in both directions. Id.
    DOE requested comment on its proposal to include a clause in 
section 3.2.5.2 of appendix J2 and section 3.2.2.2 of the new appendix 
J stating that the requirement to rotate the dial in the direction of 
increasing wash time would apply only to dials that can rotate in both 
directions. Id.
    In the September 2021 NOPR, DOE summarized comments from UL and 
AHAM supporting this change. DOE received no additional comments in 
response to the September 2021 NOPR on its proposal to state that the 
requirement to rotate the dial in the direction of increasing wash time 
would apply only to dials that can rotate in both directions.
    For the reasons discussed in the preceding paragraphs and in the 
September 2021 NOPR, DOE is finalizing its proposal, consistent with 
the September 2021 NOPR, to include a clause in section 3.2.5.2 of 
appendix J2 and section 3.2.2.2 of the new appendix J that specifies 
that the requirement to rotate the dial in the direction of increasing 
wash time applies only to dials that can rotate in both directions.
c. ``Wash Time'' Definition
    The 70-percent test described above does not explicitly define how 
to calculate ``wash time.'' In the May 2020 RFI, DOE considered whether 
to state that the phrase ``wash time'' in section 3.2.5 of appendix J2 
refers to the period of agitation or tumble. 85 FR 31065, 31975. This 
clarification would be consistent with the historical context of this 
section of the test procedure. In the August 1997 Final Rule, DOE 
specified that section 2.10 of appendix J Clothes washer setting refers 
to ``actual wash time'' as the ``period of agitation.'' In the 2001 
Final Rule, DOE renamed section 2.10 of appendix J Wash time (period of 
agitation or tumble) setting.\67\ 66 FR 3313, 3330. When establishing 
appendix J1 in the August 1997 Final Rule, DOE did not include 
reference to ``period of agitation or tumble'' in section 2.10 of 
appendix J1. 62 FR 45484, 45510. DOE did not address this difference 
from the 1977 version of appendix J in the preamble of the August 1997 
Final Rule or the NOPRs that preceded that final rule, but given the 
continued reference to ``wash time'' in appendix J1, did not intend to 
change the general understanding that wash time refers to the wash 
portion of the cycle, which includes agitation or tumble time. 86 FR 
49140, 49184. DOE has since further amended section 2.10 of both 
appendix J1 and appendix J2 as part of the March 2012 Final Rule and 
August 2015 Final Rule (in which section 2.10 was renumbered as section 
3.2.5), with no discussion in these final rules of the statement that 
remained in the 2001 version of appendix J, where wash time was 
referred to in the title of section 2.10 as the period of agitation or 
tumble time. Id. DOE further noted in the September 2021 NOPR that in 
current RCW models on the market, agitation or tumble may be periodic 
or continuous during the wash portion of the cycle. Id.
---------------------------------------------------------------------------

    \67\ In this context, ``agitation'' refers to the wash action of 
a top-loading clothes washer, whereas ``tumble'' refers to the wash 
action of a front-loading clothes washer.
---------------------------------------------------------------------------

    In order to provide further clarity in evaluating the wash time 
setting requirements of section 3.2.5 of appendix J2 and section 3.2.2 
of the new appendix J, DOE proposed in the September 2021 NOPR to 
define the term ``wash time'' in section 1 of both appendix J2 and the 
new appendix J as ``the wash portion of the cycle, which begins when 
the cycle is initiated and includes the agitation or tumble time, which 
may be periodic or continuous during the wash portion of the cycle.'' 
86 FR 49140, 49184.
    DOE requested comment on its proposal to add a definition of ``wash 
time'' to section 1 of both appendix J2 and the new appendix J. Id.
    AHAM commented in support of DOE's proposed definition of ``wash 
time.'' (AHAM, No. 27 at p. 16)
    For the reasons discussed in the preceding paragraphs and in the 
September 2021 NOPR, DOE is finalizing its proposal to add a definition 
of ``wash time'' to section 1 of both appendix J2 and the new appendix 
J in order to add more clarity in evaluating the wash time setting 
requirements. To provide greater specificity by referencing other 
defined terms, this final rule changes the wording ``wash portion of 
the cycle'' as proposed in the September 2021 NOPR to ``wash portion of 
active washing mode.'' This change does not affect the substance of the 
September 2021 NOPR proposal.
6. Annual Operating Cost Calculation
    DOE provides in 10 CFR 430.23(j)(1)(ii) the method for calculating 
the estimated annual operating cost for automatic and semiautomatic 
clothes washers, when using appendix J2. In the March 2012 Final Rule, 
DOE assigned the symbol ``ETLP'' to represent combined low-
power mode energy consumption. However, in that rule, DOE used a 
different symbol (``ETSO'') in updating section 10 CFR 
430.23(j)(1)(ii) to represent the same value. 77 FR 12888, 13937-13948. 
In the September 2021 NOPR, DOE proposed to update the symbol 
nomenclature in 10 CFR 430.23(j)(1)(ii) to match the symbol 
nomenclature in appendix J2. 86 FR 49140, 49184.
    In addition, to differentiate between values determined using 
appendix J2 from values determined using the new appendix J throughout 
10 CFR 430.23(j), DOE proposed to add a number ``2'' to

[[Page 33363]]

each of the symbols representing values derived from appendix J2 (e.g., 
ETLP2) that are not already designated accordingly. Id.
    DOE further noted that the formula for calculating the estimated 
annual operating cost for automatic and semiautomatic clothes washers 
when gas-heated or oil-heated water is used, provided in 10 CFR 
430.23(j)(1)(ii)(B), was missing a pair of parentheses. 86 FR 49140, 
49185. The ``N2'' multiplier is intended to apply to all of 
the other factors in the equation, but the lack of parentheses around 
the ``MET2'' through ``CBTU'' terms erroneously 
applied it to only the first term of the sum. DOE proposed to correct 
this error in the September 2021 NOPR. Id.
    Since DOE proposed to remove appendix J1 as part of the September 
2021 NOPR, DOE also proposed to update 10 CFR 430.23(j)(1)(i), which 
specified the formulas for calculating the estimated annual operating 
cost for automatic and semiautomatic clothes washers when using 
appendix J1, with the formulas for calculating the estimated annual 
operating cost for automatic and semiautomatic clothes washers when 
using the new appendix J. Id. These proposed formulas were analogous to 
the formulas in 10 CFR 430.23(j)(1)(ii). Id. As discussed further in 
section III.H.7 of this document, the new appendix J does not include a 
separate calculation for ``ETE'' (the sum of machine 
electrical energy (``MET'') and water heating energy 
(``HET''), as defined in section 4.1.7 of appendix J2). 
Therefore, DOE's proposed revisions to 10 CFR 430.23(j)(1)(i) would 
replace ETE with the individual components MET + 
HET. Id.
    DOE requested comment on its proposed updates to the annual 
operating cost calculations in 10 CFR 430.23(j)(1). Id.
    DOE received no comments on its proposal to update the annual 
operating cost.
    For the reasons discussed in the preceding paragraphs and in the 
September 2021 NOPR, DOE is finalizing its proposal, consistent with 
the September 2021 NOPR, to update the annual operating cost 
calculations in 10 CFR 430.23(j)(1).
7. Structure of the New Appendix J
    DOE proposed a number of changes to the structure of the test 
procedure as part of the creation of the new appendix J to improve 
readability. 86 FR 49140, 49185.
    In the September 2021 NOPR, DOE proposed to better organize section 
2.8 of the proposed new appendix J, as compared to the parallel section 
in appendix J2. Id. Section 2.8 of appendix J2 cross-references the 
load size table to determine the three load sizes, specifies the 
allowable composition of energy test cloths and energy stuffer cloths 
in each load,\68\ and provides a table showing required test load sizes 
and water fill settings for each type of WFCS. Id. DOE proposed that, 
in new appendix J, section 2.8.1 would contain the specifications for 
determining the load sizes; section 2.8.2 would contain the 
specifications describing the allowable composition of energy test 
cloths and energy stuffer cloths in each load; and the table specifying 
the required test load sizes and water fill settings for each type of 
WFCS would not be included. Id. This table would be no longer needed in 
new appendix J because the same two load sizes (small and large) would 
be used for all WFCS types. Id.
---------------------------------------------------------------------------

    \68\ Test loads must consist of energy test cloths and no more 
than five energy stuffer clothes per load to achieve the proper 
weight.
---------------------------------------------------------------------------

    Section 2.9 of appendix J2 is named ``Use of test loads'' and 
provides specifications for drying each load to bone-dry prior to use 
and instructions for loading the test cloth into the clothes washer. In 
the 2021 NOPR, DOE proposed to title section 2.9 of the proposed new 
appendix J ``Preparation and loading of test loads'' and to include a 
statement that the procedures described in section 2.9 to prepare and 
load each test load are applicable when performing the testing 
procedures in section 3 of the appendix. Id.
    Section 3.2 of appendix J2 is titled ``Procedure for measuring 
water and energy consumption values on all automatic and semi-automatic 
washers'' and specifies conducting testing under the energy test cycle 
(3.2.1); provides a table that cross-references to each relevant test 
section in section 3 of the appendix (3.2.2); and provides 
specifications for: Configuring the hot and cold water faucets (3.2.3); 
selecting the wash/rinse temperature selection (3.2.4); selecting the 
wash time setting (3.2.5); selecting water fill levels for each type of 
WFCS (3.2.6); using manufacturer default settings (3.2.7); testing 
active washing mode only (3.2.8); and discarding anomalous data 
(3.2.9).
    In the 2021 NOPR, DOE proposed to title section 3.2 of the new 
appendix J as simply ``Cycle settings'' and to organize the section as 
follows: The contents in section 3.2.1 of appendix J2 would be instead 
included within the instructions of a new section 3.3 (as described 
below); the contents of section 3.2 of appendix J2, including the 
table, would not be included as the contents would be redundant with 
the proposed sections 3.3 and 3.4; the contents of section 3.2.3 of 
appendix J2 would not be included, as the hot and cold water faucet 
instructions would no longer be necessary given the proposed changes 
described in section III.C.2 of this document regarding the 
installation of single-inlet clothes washers; and sections 3.2.4 
through 3.2.9 of appendix J2 would be included as sections 3.2.1 
through 3.2.6, respectively, and include any relevant edits as 
discussed throughout this document. Id.
    Sections 3.3 through 3.7 of appendix J2 contain detailed 
instructions for testing each wash/rinse temperature available in the 
energy test cycle: Extra-Hot/Cold (3.3); Hot/Cold (3.4); Warm/Cold 
(3.5); Warm/Warm (3.6); and Cold/Cold (3.7). The content and structure 
of each of these sections is nearly identical, except for two caveats: 
(1) Describing the use of temperature indicator labels in section 3.3 
of appendix J2 to verify the presence of an Extra-Hot wash; and (2) 
describing the 25/50/75 test, described in section III.D.3 of this 
document, for clothes washers that offer four or more Warm/Cold or 
Warm/Warm selections. To significantly simplify this part of test 
procedure, and because the use of temperature indicator labels would be 
moved to section 2.5.4 of the proposed new appendix J and the 25/50/75 
test would no longer be applicable under the proposals outlined in 
section III.D.3 of this document, DOE proposed to combine the common 
language from sections 3.3 through 3.7 in appendix J2 into a single 
section 3.3 in the new appendix J for automatic clothes washers and an 
analogous section 3.4 in the new appendix J for semi-automatic clothes 
washers. Id. Section 3.3 of the proposed new appendix J would also 
provide a table designating the symbol definitions of each required 
measured value for each wash/rinse temperature selection and load size. 
Id. As discussed in section III.D.8.c of this document, section 3.4 of 
the proposed new appendix J would provide the same information for 
semi-automatic clothes washers. Id.
    Section 3.8 of appendix J2 specifies the procedure for measuring 
and calculating RMC. As described in section III.D.4 of this document, 
DOE proposed in the new appendix J to require measuring the RMC of each 
tested cycle within the energy test cycle, and to calculate final RMC 
using TUFs and LUFs, consistent with how water heating energy, 
electrical energy, and water usage are calculated. Id. Under this 
proposed change, the RMC values would be calculated in section 4

[[Page 33364]]

(``Calculation of Derived Results From Test Measurements'') of the 
proposed new appendix J. Id. Given these proposed changes, the current 
specifications in section 3.8 of appendix J2 would not apply to the 
proposed new appendix J. Id. In the September 2021 NOPR, DOE therefore 
proposed not to include the RMC provisions from section 3 in appendix 
J2 in the new appendix J. Id.
    In the September 2021 NOPR, DOE proposed to include sections 3.9 
and 3.10 of appendix J2 in the proposed new appendix J as sections 3.5 
and 3.6, respectively, and to provide the appropriate cross-references. 
Id.
    Section 3.10 of appendix J2 (section 3.6 in the proposed new 
appendix J) is titled ``Energy consumption for the purpose of 
determining the cycle selection(s) to be included in the energy test 
cycle'' and specifies the following: Establishing the test conditions 
and setting the cycle selections (3.10.1); using the maximum test load 
size (3.10.2); using the maximum water fill level available (3.10.3); 
including only the active washing mode (3.10.4); and calculating 
``total energy consumption'' using a defined equation (3.10.5). In the 
September 2021 NOPR, DOE proposed to simplify section 3.6 in the 
proposed new appendix J by condensing the specifications of sections 
3.10.1 through 3.10.4 in appendix J2 into a single statement in section 
3.6.1 of the new appendix J to use the cycle settings as described in 
section 3.2 of the proposed new appendix J. 86 FR 49140, 49186. Section 
3.10.5 of appendix J2 would be included in the proposed new appendix J 
as section 3.6.2. Id.
    Sections 3 and 4 of appendix J2 assign various different subscripts 
to each symbol definition to denote load size and wash/rinse 
temperature selection, among other attributes. Appendix J2 uses the 
subscript ``x'' to denote the maximum load size and the subscript ``m'' 
to denote the Extra-Hot/Cold temperature selection. In the September 
2021 NOPR, DOE proposed to use new subscripts to represent the large 
load size (``L'') and the small load size (``S'') in the new appendix 
J. Id. Because the maximum load size would no longer apply in the 
proposed new appendix J, DOE proposed to update the subscript for 
Extra-Hot/Cold temperature selection from ``m'' to ``x'' (since ``x'' 
is more intuitive in representing ``Extra''). Id. These changes would 
apply to sections 3.3, 3.4, 3.6 and 4 in the proposed new appendix J. 
Id. Additionally, throughout section 4 of appendix J2, the symbol ``F'' 
is used to refer to load usage factors. For greater clarity in the new 
appendix J, DOE proposed to use the symbol ``LUF'' throughout section 4 
to represent the load usage factors, rather than the symbol ``F.''
    Section 4.1.7 of appendix J2 specifies calculating ``Total per-
cycle energy consumption when electrically heated water is used,'' 
assigned as symbol ``ETE,'' as the sum of machine electrical 
energy and water heating energy. Id. ETE was originally 
defined in the 1977 Final Rule in section 4.6 of appendix J and at the 
time represented the total measured energy consumption, since the 
drying energy (``DE'') and ETLP were not yet 
included as part of the clothes washer test procedure. Currently, 
however, the total measured energy consumption would be more accurately 
represented by the sum of HET, MET, 
DE, and ETLP. Because the calculation of 
ETE as an intermediate step is now obsolete, DOE proposed to 
not include the definition of ETE from section 4.1.7 of new 
appendix J, as well as to edit all cross-references to ETE 
(within sections 4.5 and 4.6 of the proposed new appendix J and 10 CFR 
430.23(j)(1)(i)(A) as proposed). Id. In these instances, DOE proposed 
to replace ETE with its component parts: HET and 
MET. Id.
    Section 4.2 of appendix J2 provides the calculation of water 
consumption and is structured with multiple subsections. Sections 4.2.1 
through 4.2.5 of appendix J2 provide for the calculation of total water 
consumption for each load size within each wash/rinse temperature 
selection by summing the measured values of hot water and cold water: 
Extra-Hot/Cold (4.2.1); Hot/Cold (4.2.2); Warm/Cold (4.2.3); Warm/Warm 
(4.2.4); and Cold/Cold (4.2.5). In sections 4.2.6 through 4.2.10 of 
appendix J2, the total weighted water consumption for each wash/rinse 
temperature selection is calculated by combining the water consumption 
values for each load size as calculated in sections 4.2.1 through 4.2.5 
using the LUFs. In section 4.2.11 of appendix J2, the total weighted 
water consumption for all wash cycles is calculated by combining the 
values calculated in sections 4.2.6 through 4.2.10 (representing each 
wash/rinse temperature) using the TUFs. In the September 2021 NOPR, DOE 
noted that this order of calculations (which combines the measured 
values from the individual cycles first using LUFs, then combines the 
resulting values using TUFs) is the reverse order used for the machine 
electrical and water heating energy calculations in section 4.1 of 
appendix J2 (which combines the measured values from the individual 
cycles first using TUFs, then combines the resulting values using 
LUFs). Id. In the new appendix J, DOE proposed to organize section 4.2 
to simplify the calculations and to provide consistency between the 
water consumption calculations and the energy calculations (i.e., to 
combine the measured values from the individual cycles first using 
TUFs, then combine the resulting values using LUFs). Id. Accordingly, 
section 4.2.1 of the proposed new appendix J would define the per-cycle 
total water consumption for each large load size tested (summing the 
hot and cold water consumption for each load size and temperature 
setting), and section 4.2.2 would similarly define the per-cycle total 
water consumption for each large and small size tested. Id. Section 
4.2.3 of the proposed new appendix J would provide for the calculation 
of the per-cycle total water consumption for all load sizes, using the 
TUFs to calculate the weighted average of all temperature settings for 
each load size. Id. Finally, section 4.2.4 of the proposed new appendix 
J would calculate the total weighted per-cycle water consumption, using 
the LUFs to calculate the weighted average over the two load sizes. Id.
    In the September 2021 NOPR, DOE requested comment on its proposed 
structure of the new appendix J to simplify and improve readability as 
compared to appendix J2. Id.
    DOE received no comments on its proposed structure for the new 
appendix J.
    DOE is finalizing its proposal, consistent with the September 2021 
NOPR, to restructure the new appendix J to simplify and improve 
readability as compared to appendix J2.
8. Proposed Deletions and Simplifications
    In the September 2021 NOPR, DOE proposed to remove appendix J1 to 
subpart B of 10 CFR part 430 along with all references to appendix J1 
in 10 CFR parts 429, 430, and 431. 86 FR 49140, 49186. Appendix J1 
applied only to RCWs manufactured before March 7, 2015, and CCWs 
manufactured before January 1, 2018, and is therefore not applicable to 
models manufactured on or after those dates. Id. Use of appendix J2 to 
subpart B of 10 CFR part 430 is currently required for any 
representations of energy or water consumption of both RCWs and CCWs, 
including demonstrating compliance with the currently applicable energy 
conservation standards. Id. As discussed, DOE proposed to maintain the 
current naming of appendix J2, and to establish a new test procedure at 
appendix J, which would be used for the evaluation and issuance of 
updated

[[Page 33365]]

efficiency standards, and for determining compliance with those 
standards. Id.
    DOE requested comment on its proposal to remove appendix J1 to 
subpart B of 10 CFR part 430 along with all references to appendix J1 
in 10 CFR parts 429, 430, and 431. Id.
    The Joint Commenters commented in support of deleting appendix J1 
and all references to it in 10 CFR parts 429, 430, and 431. (Joint 
Commenters, No. 31 at p. 11)
    DOE is finalizing its proposal, consistent with the September 2021 
NOPR, to remove appendix J1 to subpart B of 10 CFR part 430 along with 
all references to appendix J1 in 10 CFR parts 429, 430, and 431.
    Given DOE's proposal to update the energy and water metrics in the 
new appendix J, as described in section III.E of this document, DOE 
proposed to include references to the proposed new metrics EER, AEER, 
and WER in place of references to the WF, IWF, MEFJ2, and 
IMEF metrics, as appropriate, in the new appendix J. 86 FR 49140, 
49186. Given that the WF metric is no longer the basis for energy 
conservation standards for either RCWs or CCWs, DOE proposed to remove 
the calculation of WF from section 4.2.12 of appendix J2, as well as 
any references to WF in 10 CFR parts 429, 430, and 431. Id. Similarly, 
given that MEFJ2 is no longer the basis for energy 
conservation standards for RCWs, DOE proposed to remove references to 
``MEF'' from 10 CFR 429.20 and 10 CFR 430.23. Id.
    DOE requested comment on its proposal to remove obsolete metric 
definitions. 86 FR 49140, 49187.
    DOE received no comments in response to its proposal to remove 
obsolete metric definitions.
    DOE is finalizing its proposal, consistent with the September 2021 
NOPR, to remove obsolete metric definitions.
    DOE proposed to delete the following definitions from section 1 of 
appendix J2 because they were either no longer used within the then-
current appendix, or would no longer be used given DOE's proposed 
amendments in the September 2021 NOPR: ``adaptive control system,'' 
``compact,'' ``manual control system,'' ``standard,'' and 
``thermostatically controlled water valves.'' 86 FR 49140, 49187.
    Section 1.13 of appendix J2 defined the energy test cycle as 
follows: energy test cycle means the complete set of wash/rinse 
temperature selections required for testing, as determined according to 
section 2.12 [of appendix J2]. Within the energy test cycle, the 
following definitions applied:
    (a) Cold Wash/Cold Rinse is the wash/rinse temperature selection 
determined by evaluating the flowchart in Figure 2.12.1 of this 
appendix.
    (b) Hot Wash/Cold Rinse is the wash/rinse temperature selection 
determined by evaluating the flowchart in Figure 2.12.2 of this 
appendix.
    (c) Warm Wash/Cold Rinse is the wash/rinse temperature selection 
determined by evaluating the flowchart in Figure 2.12.3 of this 
appendix.
    (d) Warm Wash/Warm Rinse is the wash/rinse temperature selection 
determined by evaluating the flowchart in Figure 2.12.4 of this 
appendix.
    (e) Extra-Hot Wash/Cold Rinse is the wash/rinse temperature 
selection determined by evaluating the flowchart in Figure 2.12.5 of 
this appendix.
    Parts (a) through (e) of this definition were redundant with the 
flowchart definitions provided in section 2.12 of appendix J2. 
Therefore, DOE proposed to simplify the definition of energy test cycle 
in both appendix J2 and the new appendix J by keeping only the first 
sentence of the current definition: energy test cycle means the 
complete set of wash/rinse temperature selections required for testing, 
as determined according to section 2.12. Id.
    DOE also proposed to remove section 1.30 of appendix J2, ``Symbol 
usage,'' to rename section 1 of appendix J2 (previously ``Definitions 
and Symbols'') ``Definitions,'' and name section 1 of the new appendix 
J ``Definitions'' accordingly. Id. Throughout the appendices, each 
symbol is defined at each usage, making this section unnecessary for 
executing the test procedure. DOE noted that most other test procedures 
in subpart B to part 430 do not include a symbol usage section. Id.
    DOE also proposed to remove the numbering of all definitions in 
section 1 of appendix J2, and in section 2 of appendix J3, and instead 
list the definitions in alphabetical order, to simplify cross-
references to defined terms and allow for easier editing in the future 
by avoiding the need to renumber all the definitions (and associated 
cross-references) any time a definition is added or deleted. Id.
    DOE requested comment on its proposal to delete the following 
definitions from section 1 of appendix J2: ``adaptive control system,'' 
``compact,'' ``manual control system,'' ``standard,'' and 
``thermostatically controlled water valves.'' Id. DOE also requested 
comment on its proposal to simplify the definition of ``energy test 
cycle.'' Id. DOE also requested comment on its proposal to remove 
section 1.30 ``Symbol usage'' from appendix J2. Id. Lastly, DOE 
requested comment on its proposal to remove the numbering of all 
definitions in section 1 of appendix J2 and section 2 of appendix J3, 
and to instead list the definitions in alphabetical order. Id.
    P.R. China commented that DOE should not delete the definitions of 
``compact'' and ``standard.'' (P.R. China, No. 25 at p. 4) P.R. China 
specifically requested that DOE re-define the ``compact'' product class 
to include units with capacity less than 45 liters, and re-define the 
``standard'' product class to include clothes washers with a capacity 
above 45 liters. (Id.) P.R. China further stated that large-capacity 
machines have inherent advantages in energy efficiency performance over 
smaller-capacity machines. (Id.) P.R. China concluded that it is 
therefore unfair to compare compact and standard clothes washers using 
the same criteria. (Id.)
    In response to P.R. China, DOE notes that its deletion of the 
``compact'' and ``standard'' product class definitions from appendix J2 
does not affect the definition of RCW product classes, which are 
defined in 10 CFR 430.32(g) and include: top-loading compact, top-
loading standard, front-loading compact, and front-loading standard. 
The product class definitions in 10 CFR 430.32(g) include capacity 
thresholds at 1.6 ft\3\, or 45 liters, and are not being amended in 
this final rule.\69\ In this final rule, DOE is removing the 
definitions of the terms ``compact'' and ``standard'' only from 
appendix J2 because they are no longer used within the appendix itself.
---------------------------------------------------------------------------

    \69\ In the RCW Standards Preliminary Analysis, DOE analyzed an 
updated capacity threshold of 3.0 ft\3\ (85 liters) between the 
front-loading compact and front-loading standard product classes. 
Any new definitions of product classes would be finalized in the 
standards rulemaking.
---------------------------------------------------------------------------

    For these reasons, DOE is finalizing its proposal, consistent with 
the September 2021 NOPR, to delete the following definitions from 
section 1 of appendix J2: ``adaptive control system,'' ``compact,'' 
``manual control system,'' ``standard,'' and ``thermostatically 
controlled water valves.'' DOE is also finalizing its proposals, 
consistent with the September 2021 NOPR, to simplify the definition of 
``energy test cycle,'' and remove section 1.30 ``Symbol usage'' from 
appendix J2. DOE is further finalizing its proposal, consistent with 
the September 2021 NOPR to remove the numbering of all definitions in 
section 1 of appendix J2 and section 2 of appendix J3, and to instead 
list the definitions in alphabetical order.
    DOE further proposed to remove section 6, Waivers and Field 
Testing,

[[Page 33366]]

from appendix J2 and not include a parallel section in the new appendix 
J. 86 FR 49140, 49187. The language of section 6 of appendix J2 was 
first introduced as section 7 in the 1997 version of appendix J and has 
been maintained through successive amendments of the test procedures. 
DOE noted in the September 2021 NOPR, however, that none of the waivers 
sought by manufacturers to date have made use of these provisions. Id. 
Instead, the provisions of 10 CFR 430.27 (Petitions for waiver and 
interim waiver) provide comprehensive instructions regarding DOE's 
waiver process. Id. DOE tentatively concluded that the information 
presented in section 6 of appendix J2 was unnecessary given the 
regulatory language of 10 CFR 430.27. Id.
    DOE requested comment on its proposal to remove section 6, Waivers 
and Field Testing, of appendix J2 and proposal not to include a 
parallel section in the new appendix J. Id.
    DOE received no comments on its proposal to remove section 6, 
Waivers and Field Testing, of appendix J2.
    DOE is finalizing its proposal, consistent with the September 2021 
NOPR, to remove section 6, Waivers and Field Testing, of appendix J2 
and to not include a parallel section in the new appendix J.
9. Typographical Errors
    In an effort to improve the readability of the text in certain 
sections of 10 CFR 430.23 and appendix J2, DOE proposed to make minor 
typographical corrections and formatting modifications as follows. 86 
FR 49140, 49187. These minor proposed modifications were not intended 
to change the substance of the test methods or descriptions provided in 
these sections. Id. The language of the proposed new appendix J 
reflects these corrections. Id.
    The test procedure provisions at 10 CFR 430.23(j)(1)(ii)(B) contain 
a definition for ``CKWH,'' which is duplicative with the 
same definition provided in 10 CFR 430.23(j)(1)(ii)(A). In the 
September 2021 NOPR, DOE proposed to remove the duplicate definition of 
CKWH from 10 CFR 430.23(j)(1)(ii)(B). Id.
    DOE proposed to correct two misspellings in section 2.8 of appendix 
J2 referring to energy stuffer cloths (previously ``clothes'') and test 
load sizes (previously ``siszes''). Id. DOE also proposed to correct 
the spelling of ``discrete'' in section 3.2.5 of appendix J2 
(previously ``discreet'') and of ``test cycle'' in section 3.6 of 
appendix J2 (previously ``testy cycle''). Id. DOE also proposed to 
spell out the word ``percent'' in the paragraph in section 3.2.5 of 
appendix J2. Id.
    Currently in appendix J2, the drying energy abbreviation is 
DE. This notation is inconsistent with the notation used for 
machine electrical energy and water heating energy (MET and 
HET, respectively). DOE proposed to standardize the notation 
used for drying energy throughout sections 3 and 4 of new appendix J, 
such that it is listed as DET. Id. DOE stated in the 
September 2021 NOPR that it could consider also making this change in 
appendix J2, but that it understood that changing the symbol definition 
could require test laboratories to update test templates that use the 
DE symbol as currently defined in appendix J2. Id.
    DOE also proposed to rename section 2 in appendix J2 from ``Testing 
Conditions'' to ``Testing Conditions and Instrumentation'' to more 
fully reflect the contents of this section. Id.
    In several instances throughout appendix J2, the qualifier ``of 
this appendix'' was missing in section cross-references. DOE proposed 
to rectify these omissions. Id. DOE also proposed to clarify references 
to appendix J3 in appendix J2, and vice-versa, by using ``to this 
subpart.'' Id. Finally, DOE proposed to update all cross-references as 
needed, following the edits proposed in the September 2021 NOPR. Id.
    DOE received no comments in response to its proposed corrections.
    For the reasons discussed in the preceding paragraphs and in the 
September 2021 NOPR, DOE is finalizing its proposal, consistent with 
the September 2021 NOPR, to make the minor typographical corrections 
and formatting modifications described previously to improve the 
readability of the text in certain sections of 10 CFR 430.23 and 
appendix J2.
10. Symbology
    As discussed in section I.B of this document, in the CCW test 
procedure regulations at 10 CFR 431.152, DOE defines the term 
``MEFJ2'' to mean modified energy factor as determined in 
section 4.5 of appendix J2. Since the calculated value of modified 
energy factor in appendix J2 is not equivalent to the calculated value 
of modified energy factor in appendix J1, DOE added the ``J2'' 
subscript to the appendix J2 MEF descriptor to avoid any potential 
ambiguity that would result from using the same energy descriptor for 
both test procedures. 79 FR 71624, 71626. To maintain consistency with 
this approach, this final rule adds the ``J2'' subscript to the MEF 
metric defined in section 4.5 of appendix J2.

I. Test Cloth Provisions

    Appendix J2 requires using specialized test cloth as the material 
comprising each tested load. The final specifications for the energy 
test cloth were developed to be representative of the range of fabrics 
comprising consumer wash loads: a 50-percent cotton/50-percent 
polyester blended material was specified to approximate the typical mix 
of cotton, cotton/polyester blend, and synthetic articles that are 
machine-washed by consumers. In developing the test cloth 
specifications, DOE also considered:
     Manufacturability: A 50/50 cotton-polyester momie weave 
was specified because at the time, such cloth was produced in high 
volume, had been produced to a consistent specification for many years, 
and was expected to be produced on this basis for the foreseeable 
future. 66 FR 3314, 3331.
     Consistency in test cloth production: The cloth material 
properties were specified in detail, including fiber content, thread 
count, and fabric weight; as well as requirements to verify that water 
repellent finishes are not applied to the cloth. Id.
     Consistency of the RMC measurement among different lots: A 
procedure was developed to generate correction factors for each new 
``lot'' (i.e., batch) of test cloth to normalize test results and 
ensure consistent RMC measurements regardless of which lot is used for 
testing. Id.
1. Test Cloth Specification
    In the September 2021 NOPR, DOE did not propose any changes to the 
test cloth specification.
    The Joint Commenters recommended that DOE mathematically adjust 
clothes washer RMC in the proposed new appendix J to more realistically 
account for drying energy use associated with 100-percent cotton loads. 
(Joint Commenters, No. 31 at pp. 7-8) The Joint Commenters referenced 
the 2020 NEEA Report, which developed a linear mathematical 
relationship between the RMCs of two different types of textiles: The 
50-percent cotton/50-percent polyester DOE test cloth defined in 
appendix J2, and the 100-percent cotton textiles defined in AHAM HLW-1-
2013 and IEC 60456 (2010). The 2020 NEEA Report analyzed the RMC values 
of both types of textiles across a broad range of clothes washer 
efficiency levels and technology types. (Id.) The Joint Commenters 
commented that NEEA's study found what the Joint Commenters 
characterized as excellent R-squared values that could be used to 
adjust the

[[Page 33367]]

RMC of DOE test cloth to the RMC that would be expected by using AHAM-
specified 100-percent cotton textiles. (Id.) The Joint Commenters 
commented that adjusting RMC to account for drying energy use 
associated with 100-percent cotton loads would more realistically 
account for RCW and CCW impacts on drying energy use because, according 
to the Joint Commenters, most typical laundry loads have a cotton 
content higher than 50 percent. (Id.) The Joint Commenters also 
commented that adjusting RMC would increase alignment between the 
proposed new appendix J clothes washer procedure and the appendix D2 
clothes dryer test procedure, asserting that the drying energy 
currently calculated in appendix J2 is much lower than the energy 
consumed by a typical clothes dryer. (Id.) The Joint Commenters further 
explained that using NEEA's mathematical adjustment to increase RMC 
before calculating drying energy would make the drying energy estimated 
in the clothes washer test procedure more similar to the measured 
drying energy in the clothes dryer test procedure, since the RMC 
calculated in new appendix J would be closer to the initial moisture 
content of 57.5 percent specified in appendix D2. (Id.) The Joint 
Commenters also added that their proposed RMC adjustment calculation 
would not add any test burden since the calculation would only affect 
the post-processing of the data, which could be automated. (Id.)
    The Joint Efficiency Advocates similarly recommended that DOE 
include RMC adjustment factors to account for the difference in RMCs 
between DOE test cloth load and ``real-world'' clothing. (Joint 
Efficiency Advocates, No. 28 at p. 5) The Joint Efficiency Advocates 
cited findings from the 2020 NEEA Report that clothes washers removed 
substantially more water from the DOE test cloth loads (36 percent RMC, 
on average) than the AHAM cotton test loads (65 percent RMC, on 
average). (Id.) The Joint Efficiency Advocates therefore concluded that 
RMC and the resulting drying energy are likely being underestimated in 
the current test procedure. (Id.) The Joint Efficiency Advocates 
commented that it is important for each of the components of clothes 
washer energy use (drying energy, water heating energy, etc.) to be 
correctly weighted. (Id.) The Joint Efficiency Advocates further 
explained that if two clothes washers have the same efficiency rating, 
but one optimizes hot water usage and the other optimizes spin speed or 
duration to lower the RMC, then the models that optimize spin speed/
duration may have different real-world efficiencies if RMC is 
underestimated. (Id.) The Joint Efficiency Advocates recommended 
implementing an RMC adjustment factor similar to the one presented in 
the 2020 NEEA Report. (Id.)
    In response to the Joint Commenters' and Joint Efficiency 
Advocates' recommendations that DOE include RMC adjustment factors to 
account for the difference in RMC values between DOE test cloth load 
and what the commenters described as ``real-world'' clothing, DOE 
reiterates that the current test cloth was developed to be 
representative of the range of fabrics comprising consumer wash loads, 
including 100-percent cotton, cotton/polyester blend, and 100-percent 
synthetic articles. As such, DOE intends for the specified test load to 
be nationally and seasonally representative of clothing used across all 
regions of the United States. DOE recognizes that consumer clothing 
(including fabric composition) likely differs between warmer and colder 
climates, between urban and rural households, between regions that do 
and do not experience seasonal changes, and among population 
demographics (e.g., household size, age of household members, etc.). 
While DOE acknowledges that 100-percent cotton clothing may be more 
common among certain regions or demographics, the commenters have not 
presented any data--nor is DOE aware of any data--indicating that 100-
percent cotton clothing is nationally, seasonally, or demographically 
representative across the United States. DOE asserts that the 50-
percent cotton/50-percent polyester material currently specified 
represents the middle of the spectrum between 100-percent cotton and 
100-percent synthetic fabric types and therefore is representative of 
an average use cycle or period of use.
    For these reasons, DOE is not implementing an RMC adjustment factor 
to account for the difference in RMC between the DOE test cloth and a 
100-percent cotton load. However, in light of the feedback received 
regarding test cloth specifications, DOE will continue to evaluate the 
representativeness of test results obtained through the use of the 
current test cloth requirements in the DOE test procedures. DOE will 
also continue to monitor the development of industry standards and 
other efforts related to test cloth and test load composition.
2. Consolidation to Appendix J3
    Appendix J3 specifies a qualification procedure that must be 
conducted on all new lots of energy test cloth prior to the use of such 
test cloths in any clothes washer test procedure. This qualification 
procedure provides a set of correction factors that correlate the 
measured RMC values of the new test cloth lot with a set of standard 
RMC values established as the historical reference point. These 
correction factors are applied to the RMC test results in section 
3.8.2.6 of appendix J2 to ensure the repeatability and reproducibility 
of test results performed using different lots of test cloth. The 
measured RMC of each clothes washer has a significant impact on the 
final IMEF value.
    In the September 2021 NOPR, DOE proposed several structural changes 
to appendix J3 to consolidate all of the test cloth specifications and 
procedures (some of which were previously located in appendix J2) that 
must be evaluated on each new lot of test cloth. 86 FR 49140, 49188. 
Consolidating into a single test procedure would improve the overall 
logical flow of both test procedures and clarify that the test cloth 
procedures need not be conducted for each clothes washer under test. 
Id. As described further, the proposed changes would remove from 
appendix J2 those specifications and procedures that were not intended 
to be completed for every clothes washer test. Id. The proposed edits 
also would formally codify additional qualification procedures that are 
currently conducted for every new lot of test cloth. Id.
a. Test Cloth Requirements in Appendix J2
    Section 2.7 of appendix J2 (``Test cloths'') previously contained 
specifications and procedures regarding the test cloth. Sections 2.7.1 
and 2.7.2 specified the unfinished and finished dimensions, maximum 
lifetime, and marking requirements for energy test cloth and energy 
stuffer cloths, respectively. These sections also specified that mixed 
lots of material must not be used for testing. Section 2.7.3 specified 
a procedure for preconditioning new test cloth, which requires 
performing a series of five wash cycles on all new (unused) test cloths 
before the cloth can be used for clothes washer tests. Section 2.7.4 
provided the material specifications (fabric type, fabric weight, 
thread count, and fiber content) for the energy test cloths and energy 
stuffer cloths, as well as three industry test methods that must be 
performed to confirm the absence of any water-repellent finishes and to 
measure

[[Page 33368]]

the cloth shrinkage after preconditioning. Section 2.7.5 referenced 
appendix J3 for performing the standard extractor procedure to measure 
the moisture absorption and retention characteristic of each new lot of 
cloth.
    Several of these provisions previously contained within section 2.7 
of appendix J2 are not intended to be conducted as part of each 
individual clothes washer test performed under appendix J2. Based on 
discussions with the AHAM Test Cloth Task Force, DOE is aware that some 
of the test cloth provisions previously in section 2.7 of appendix J2 
are performed by a third-party laboratory on each new lot of test 
cloth, avoiding the need for manufacturers and test laboratories to 
perform the same procedures for each individual clothes washer test. 85 
FR 31065, 31071.
    In the September 2021 NOPR, DOE proposed to move most of the 
specifications from section 2.7 of appendix J2 to appendix J3. 86 FR 
49140, 49188. Section 2.7 of appendix J2 would retain the following 
specifications, which are relevant to the conduct of individual clothes 
washer tests: The maximum lifetime specification, marking requirements, 
and the requirement that mixed lots of material must not be used for 
testing. 86 FR 49140, 49188-49189. All other specifications from 
section 2.7 of appendix J2 would be moved to appendix J3. 86 FR 49140, 
49189. DOE proposed to add a general statement in section 2.7 of 
appendix J2 that the test cloth material and dimensions must conform to 
the specifications in appendix J3. Id. These proposed changes would 
also be reflected in the proposed new appendix J. Id.
    In the September 2021 NOPR, DOE requested comment on its proposal 
to consolidate into appendix J3 the test cloth specifications and 
procedures from section 2.7 of appendix J2 that are not intended to be 
conducted as part of each individual clothes washer test performed 
under appendix J2. Id.
    The Joint Commenters commented in support of consolidating test 
cloth instructions into appendix J3, stating that it would increase 
clarity of the test procedure. (Joint Commenters, No. 31 at p. 11)
    For the reasons discussed in the preceding paragraphs and in the 
September 2021 NOPR, DOE is finalizing its proposal, consistent with 
the September 2021 NOPR, to consolidate into appendix J3 the test cloth 
specifications and procedures from section 2.7 of appendix J2 that are 
not intended to be conducted as part of each individual clothes washer 
test performed under appendix J2.
b. Test Cloth Requirements in Appendix J3
    Industry has developed a process by which the qualification 
procedure described above is performed by a third-party laboratory, and 
the results are reviewed and approved by the AHAM Test Cloth Task 
Force, after which the new lot of test cloth is made available for 
purchase by manufacturers and test laboratories. 85 FR 31065, 31071.
    As noted in the September 2021 NOPR, DOE received a request from 
members of the AHAM Test Cloth Task Force to add to appendix J3 
additional steps to the qualification procedure that have historically 
been performed on each new lot of test cloth to ensure uniformity of 
RMC test results on test cloths from the beginning, middle, and end of 
each new lot. Id. Industry practice is to perform this ``uniformity 
check'' before conducting the procedure to develop the RMC correction 
factors currently specified in the DOE test procedure, as described 
previously. Id. Specifically, the uniformity check involves performing 
an RMC measurement on nine bundles of sample cloth representing the 
beginning, middle, and end locations of the first, middle, and last 
rolls of cloth in a new lot. Id. The coefficient of variation across 
the nine RMC values must be less than or equal to 1 percent for the 
test cloth lot to be considered acceptable for use. Id.
    In the September 2021 NOPR, DOE proposed to codify in appendix J3 
this ``uniformity check'' and to restructure appendix J3 to improve the 
overall logical flow of the procedure. 86 FR 49140, 49189.
    The sections of appendix J3 were previously structured as follows: 
(1) Objective; (2) Definitions; (3) Testing Conditions; (4) Test Loads; 
(5) Test Measurements; (6) Calculation of RMC Correction Curve; and (7) 
Application of the RMC Correction Curve.
    In the September 2021 NOPR, DOE proposed to update the objectives 
included in section 1 to specify that appendix J3 now includes: (1) 
Specifications for the energy test cloth to be used for testing clothes 
washers; (2) procedures for verifying that new lots of energy test 
cloth meet the defined material specifications; and (3) procedures for 
developing the RMC correction coefficients. Id.
    In section 2 of appendix J3, DOE proposed to add a definition for 
the term ``roll,'' which refers to a subset of a lot, and to remove the 
definition of roll from appendix J2. Id.
    DOE proposed to create a new section 3, ``Energy Test Cloth 
Specifications,'' that would specify the test cloth material, 
dimensions, and use requirements as previously specified in section 2.7 
of appendix J2. Id.
    DOE proposed to change the title of previous section 3 of appendix 
J3, newly renumbered as section 4, from ``Testing Conditions'' to 
``Equipment Specifications.'' Id. This section would contain the 
specifications for the extractor (previously specified in section 3.2) 
and the bone-dryer (previously specified in section 3.3). Id. DOE 
proposed to merge the previous specification in section 3.1 of appendix 
J3 (which specified the extractor spin conditions to be used) with the 
proposed edits to newly renumbered section 8 (``RMC Correction Curve 
Procedure''), as described below. Id.
    DOE proposed to create a new section 5, ``Pre-Conditioning 
Instructions,'' in appendix J3 that would specify the instructions for 
preconditioning test cloth, as previously specified in section 4.1 of 
appendix J3, with a clarifying wording change. Id. The second paragraph 
of section 4.1 in appendix J3 previously specified ``Perform five 
complete wash-rinse-spin cycles, the first two with current AHAM 
Standard detergent Formula 3 and the last three without detergent.'' 
The last sentence of that paragraph specified: ``Repeat the cycle with 
detergent and then repeat the cycle three additional times without 
detergent, bone drying the load between cycles (for a total of five 
complete wash-rinse-spin cycles).'' In the September 2021 NOPR, DOE 
expressed concern that the wording of the last sentence could be 
misconstrued as requiring the repeating of the entire sequence of five 
wash-rinse-spin cycles specified in the first sentence. Id. To avoid 
this potential misinterpretation, DOE proposed to replace the last 
sentence with the following: ``Dry the load to bone-dry between each of 
the five wash/rinse-spin cycles.'' Id.
    DOE proposed to create a new section 6, ``Extractor Run 
Instructions,'' in appendix J3 that would specify the instructions for 
testing test cloth in the extractor at specific spin speed and time 
conditions, as previously listed in sections 5.1 through 5.10 of 
appendix J3, with some minor organizational changes. Id.
    DOE proposed to create a new section 7, ``Test Cloth Material 
Verification Procedure,'' in appendix J3 that codifies the ``uniformity 
check'' procedure described above. Id.
    DOE proposed to add a new section 8, ``RMC Correction Curve 
Procedure,'' in appendix J3, which would

[[Page 33369]]

consolidate the provisions previously specified in sections 5 and 6 of 
appendix J3. 86 FR 49140, 49189-49190.
    DOE proposed to renumber section 7 to section 9 in appendix J3 and 
to update any applicable cross references. 86 FR 49140, 49190.
    Finally, given the broader scope of appendix J3 as proposed by 
these amendments, DOE proposed to rename appendix J3 from ``Uniform 
Test Method for Measuring the Moisture Absorption and Retention 
Characteristics of New Energy Test Cloth Lots'' to ``Energy Test Cloth 
Specifications and Procedures for Determining Correction Coefficients 
of New Energy Test Cloth Lots.'' Id.
    DOE requested comment on its proposed edits to appendix J3 to 
codify the ``uniformity check'' procedure and to restructure appendix 
J3 to improve the overall logical flow of the procedure. Id.
    AHAM commented in support of DOE's proposed structural changes to 
appendix J3, and added that DOE's proposed changes are consistent with 
AHAM's work on this topic. (AHAM, No. 27 at p. 16)
    For the reasons discussed in the preceding paragraphs and in the 
September 2021 NOPR, DOE is finalizing its proposal, consistent with 
the September 2021 NOPR, to codify the ``uniformity check'' procedure 
and to restructure appendix J3 to improve the overall logical flow of 
the procedure.

J. Product-Specific RMC Enforcement Provisions

    DOE provides product-specific enforcement provisions for all 
clothes washers at 10 CFR 429.134(c), which specify provisions for 
determining RMC. 10 CFR 429.134(c)(1)(i) specifies that the measured 
RMC value of a tested unit will be considered the tested unit's final 
RMC value if the measured RMC value is within two RMC percentage points 
of the certified RMC value of the basic model (expressed as a 
percentage), or is lower than the certified RMC value. 10 CFR 
429.134(c)(1)(ii) specifies that if the measured RMC value of a tested 
unit is more than two RMC percentage points higher than the certified 
RMC value of the basic model, DOE will perform two additional 
replications of the RMC measurement procedure, each pursuant to the 
provisions of section 3.8.5 of appendix J2, for a total of three 
independent RMC measurements of the tested unit. The average of the 
three RMC measurements will be the tested unit's final RMC value and 
will be used as the basis for the calculation of per-cycle energy 
consumption for removal of moisture from the test load for that unit.
    As described in sections I.B and III.I of this document, DOE uses 
the procedures specified in appendix J3 to evaluate the moisture 
absorption and retention characteristics of each new lot of test cloth. 
The results are used to develop a unique correction curve for each new 
lot of test cloth, which helps ensure that a consistent RMC measurement 
is obtained for any test cloth lot used during testing. The correction 
factors developed for each new cloth lot are used to adjust the 
``uncorrected'' RMC measurements obtained when performing an appendix 
J2 test on an individual clothes washer model.\70\ Without the 
application of correction factors, the uncorrected RMC values for a 
given spin setting can vary by more than 10 RMC percentage points. The 
application of correction factors is intended to significantly reduce 
this lot-to-lot variation in RMC results.
---------------------------------------------------------------------------

    \70\ DOE maintains an historical record of the standard 
extractor test data and final correction curve coefficients for each 
approved lot of energy test cloth. These are available through DOE's 
web page for standards and test procedures for residential clothes 
washers at www.energy.gov/eere/buildings/downloads/clothes-washer-test-clothcorrection-factor-information.
---------------------------------------------------------------------------

    In the September 2021 NOPR, DOE noted that multiple interested 
parties have presented confidential data to DOE suggesting that despite 
the application of correction factors, the ``corrected'' RMC values can 
vary by up to three RMC percentage points among different test cloth 
lots. 86 FR 49140, 49190. A variation of three RMC percentage points 
can lead to over a 5-percent variation in IMEF rating.\71\ DOE 
conducted an internal analysis of the confidential data, in which DOE 
investigated three potential sources of the observed variation in 
corrected RMC values: (1) Test-to-test variation masking as lot-to-lot 
variation; (2) spin cycle anomalies masking as lot-to-lot variation; 
and (3) choice of Lot 3 as the reference lot.\72\ Id. Based on DOE's 
investigations, none of these three hypotheses explained the observed 
lot-to-lot variation in corrected RMC values in the data presented by 
the interested parties. Id.
---------------------------------------------------------------------------

    \71\ See discussion in the August 2015 Final Rule in which DOE 
described that limiting RMC variation to 2 RMC percentage points 
would limit the variation in the overall MEFJ2 or IMEF 
calculation to roughly 5 percent. 80 FR 46730, 46756.
    \72\ The RMC characteristics of historical Lot 3 represent the 
``standard RMC values'' defined in Table 6.1 of appendix J3.
---------------------------------------------------------------------------

    Based on these investigations, DOE preliminarily concluded in the 
September 2021 NOPR that although the application of correction factors 
for each test cloth lot significantly reduces the lot-to-lot variation 
in RMC (from over 10 percentage points uncorrected), the current 
methodology may be limited to reducing lot-to-lot variation in 
corrected RMC to around three RMC percentage points. Id.
    Recognizing this potential for lot-to-lot variation of up to three 
RMC percentage points (corrected), DOE proposed to extend its product-
specific enforcement provisions for clothes washers to accommodate up 
to a 3-percentage point variation in the corrected RMC measurement 
based on the test cloth lot used for testing. Id. The following 
paragraphs describe the approach proposed by DOE in the September 2021 
NOPR.
    DOE proposed to modify the text of 10 CFR 429.134(c)(1) to state 
that its provisions address anomalous RMC results that are not 
representative of a basic model's performance, as well as differences 
in RMC values that may result from DOE using a different test cloth lot 
than was used by the manufacturer for testing and certifying the basic 
model. Id.
    DOE proposed to specify the enforcement provisions when testing 
according to the proposed new appendix J at 10 CFR 429.134(c)(1)(i), 
and when testing according to appendix J2 at 10 CFR 429.134(c)(1)(ii). 
Id.
    Under the provisions for appendix J2, DOE proposed new paragraph 
(ii)(A), which would specify that the procedure for determining RMC 
will be performed once in its entirety, pursuant to the test 
requirements of section 3.8 of appendix J2, for each unit tested (as 
currently specified at 10 CFR 429.134(c)(1)). Id.
    DOE proposed new paragraph (ii)(B), which would specify that if the 
measured RMC value of a tested unit is equal to or lower than the 
certified RMC value of the basic model (expressed as a percentage), the 
measured RMC value will be considered the tested unit's final RMC value 
and will be used as the basis for the calculation of per-cycle energy 
consumption for removal of moisture from the test load for that unit 
(consistent with the current specifications at 10 CFR 
429.134(c)(1)(i)). Id.
    DOE proposed new paragraph (ii)(C), which would specify that if the 
difference between the measured RMC value and the certified RMC value 
of the basic model is less than or equal to two RMC percentage points, 
the measured RMC value of a tested unit will be considered the tested 
unit's final RMC value unless DOE used a different test cloth lot than 
was used by the manufacturer for testing and certifying the basic 
model; in which case, DOE

[[Page 33370]]

may apply the proposed new paragraph (c)(1)(ii)(E) of the same section 
if the difference between the measured and certified RMC values would 
affect the unit's compliance with the applicable standards. Id.
    DOE proposed new paragraph (ii)(D)--which would address anomalous 
RMC results that are not representative of a basic model's 
performance--specifying that if the measured RMC value of a tested unit 
is more than two RMC percentage points higher than the certified RMC 
value of the basic model, DOE will perform two replications of the RMC 
measurement procedure, each pursuant to the provisions of section 3.8.5 
of appendix J2, for a total of three independent RMC measurements of 
the tested unit; and that average of the three RMC measurements will be 
calculated (as currently specified at 10 CFR 429.134(c)(1)(ii)). 86 FR 
49140, 49190-49191. Within this section, DOE proposed a new paragraph 
(ii)(D)(1) that would specify that if the average of the three RMC 
measurements is equal to or lower than the certified RMC value of the 
basic model, the average RMC value will be considered the tested unit's 
final RMC value. 86 FR 49140, 49191. A new proposed paragraph 
(ii)(D)(2) would specify that if the average of the three RMC 
measurements is higher than the certified RMC value of the basic model, 
the average RMC value will be considered the tested unit's final RMC 
value unless DOE used a different test cloth lot than was used by the 
manufacturer for testing and certifying the basic model; in which case, 
DOE may apply a new proposed paragraph (c)(1)(ii)(E) of the same 
section if the difference between the average and certified RMC values 
would affect the unit's compliance with the applicable standards. Id.
    The proposed new paragraph (ii)(E)--which would address differences 
in RMC values that may result from DOE using a different test cloth 
lot--would specify two potential courses of action if DOE uses a 
different test cloth lot than was used by the manufacturer for testing 
and certifying the basic model. Id. New paragraph (ii)(E)(1) would 
specify that if the difference between the tested unit's measured RMC 
value (or average RMC value pursuant to the new proposed paragraph 
(c)(1)(ii)(D) of the same section) and the certified RMC value of the 
basic model is less than or equal to three RMC percentage points, then 
the certified RMC value of the basic model may be considered the tested 
unit's final RMC value. Id. New proposed paragraph (ii)(E)(2) would 
specify that if the tested unit's measured RMC value (or average RMC 
value pursuant to paragraph (c)(1)(ii)(D) of the same section) is more 
than three RMC percentage points higher than the certified RMC value of 
the basic model, then a value three RMC percentage points less than the 
measured RMC value may be considered the tested unit's final RMC value. 
Id.
    For testing conducted according to the proposed new appendix J, 
several modifications would be made to the procedures described for 
appendix J2 due to the revised methodology for measuring RMC in the 
proposed new appendix J, as described in section III.D.4 of this 
document (specifically, that in the proposed new appendix J, RMC would 
be measured for each individual test cycle as opposed to measured using 
a separate set of additional test cycles, as is required by appendix 
J2). Id. The provisions for the proposed new appendix J would not 
include the specifications for 10 CFR 429.134(c)(1)(ii)(A) or 10 CFR 
429.134(c)(1)(ii)(D) as described previously. Id.
    In the September 2021 NOPR, DOE requested comment on its proposal 
to extend its product-specific enforcement provisions for clothes 
washers to accommodate up to a 3-percentage point variation in the 
corrected RMC measurement based on the test cloth lot used for testing. 
Id. DOE also requested comment on alternate enforcement approaches that 
could be implemented. Id.
    The CA IOUs recommended that DOE consider obtaining samples from 
each test cloth lot and use the applicable lot when conducting 
compliance testing to reduce the need to use the three percent 
tolerance for the RMC enforcement provisions, as was proposed in new 
appendix J. (CA IOUs, No. 29 at p. 7) The CA IOUs also recommended that 
DOE add the test cloth lot number to the certification data collection 
sheets for RCWs and CCWs to aid in DOE's compliance efforts. (Id.)
    Whirlpool recommended that DOE use decision tree flow charts for 
the product-specific RMC enforcement provisions, similar to the charts 
used in Figures 2.12.1-2.12.5 in section 2.12 of appendix J2. 
(Whirlpool, No. 26 at pp. 11-13) Whirlpool commented that a flowchart 
would help provide further clarity for stakeholders. (Id.) Whirlpool 
also attached drafts of the two suggested flow charts for initial 
consideration by DOE. (Id.)
    Whirlpool also suggested edits to the wording of the proposed 
product-specific enforcement provisions found in 10 CFR 429.134(c) in 
order to add clarity. (Whirlpool, No. 26 at pp. 13-14) In 10 CFR 
429.134(c)(i)(C)(1), Whirlpool suggested that instead of, ``If the 
difference between the tested unit's measured RMC value and the 
certified RMC value of the basic model is less than or equal to three 
RMC percentage points, then the certified RMC value of the basic model 
may be considered the tested unit's final RMC value,'' DOE should use 
the following wording, ``If the tested unit's measured RMC value is 
more than the certified RMC value of the basic model and is less than 
or equal to three RMC percentage points higher than the certified RMC 
value, then the certified RMC value of the basic model may be 
considered the tested unit's final RMC value.'' (Id.) Whirlpool 
suggested similar wording changes to increase the parallelism of the 
language for 10 CFR 429.134(c)(ii)(C) and 10 CFR 429.134(c)(ii)(E)(1). 
(Id.)
    Whirlpool also suggested that instead of using the word ``may'' in 
10 CFR 429.134(c)(i)(B), 10 CFR 429.134(c)(i)(C)(1), 10 CFR 
429.134(c)(i)(C)(2), 10 CFR 429.134(c)(ii)(C), 10 CFR 
429.134(c)(ii)(E)(1) and 10 CFR 429.134(c)(ii)(E)(2), DOE should use 
the word ``will.'' (Id.) Whirlpool stated that using ``may'' is 
troublesome because of its ambiguous nature in particular due to its 
use in an enforcement provision. (Id.)
    DOE notes it is not amending the certification or reporting 
requirements for clothes washers in this final rule to require 
reporting of test cloth lot. Instead, DOE may consider proposals to 
amend the certification requirements and reporting for RCWs and CCWs 
under a separate rulemaking regarding appliance and equipment 
certification.
    In response to the CA IOUs' suggestion that DOE obtain samples from 
each test cloth lot and use the applicable lot when conducting 
compliance testing, DOE notes that this approach would not be feasible 
due to the nature of how test laboratories acquire and use test cloth. 
Test cloth is produced in large batches (i.e., lots) by a single 
textile manufacturer. A new test cloth lot is produced roughly every 
year. Test laboratories typically purchase in bulk whichever test cloth 
lot is available at the time of purchase. Depending on a laboratory's 
testing throughput, each bulk purchase of a particular lot may provide 
enough material for several years of testing. As a result, in DOE's 
experience, test laboratories typically do not have test cloth 
available from every test cloth lot, and will typically only have a few 
lots available at a time. DOE conducts enforcement testing using 
certified third-party test laboratories, and therefore during such 
testing only

[[Page 33371]]

has access to that test laboratory's supply of any given test cloth 
lot.
    DOE appreciates Whirlpool's detailed suggested edits the wording of 
the product-specific RMC enforcement provisions, has reviewed 
Whirlpool's proposals, and is making some clarifying changes to the 
wording to 10 CFR 429.134(c)(1) consistent with the intent of the 
wording as presented in the September 2021 NOPR.
    In the September 2021 NOPR, DOE proposed to use the phrase ``may 
apply,'' as opposed to ``will apply'' (or ``shall apply'') to allow for 
appropriate discretion by DOE and allow DOE to not need to seek the 
test cloth lot information from the manufacturer in every such case, 
since lot number is not a reported value. 86 FR 49140, 49190. In this 
final rule, DOE has determined that the wording of 10 CFR 429.134 would 
require DOE to seek test cloth lot information from the manufacturer 
only for cases in which the difference between the measured and 
certified RMC values would affect the unit's compliance with the 
applicable standards. DOE agrees that use of the word ``will'' instead 
of ``may'' would provide greater certainty to describe DOE's course of 
action during enforcement testing. Therefore, DOE is revising the 
wording of the language in proposed 10 CFR 429.134(c)(i)(B), 10 CFR 
429.134(c)(i)(C)(1), 10 CFR 429.134(c)(i)(C)(2), 10 CFR 
429.134(c)(ii)(C), 10 CFR 429.134(c)(ii)(E)(1) and 10 CFR 
429.134(c)(ii)(E)(2) to use the phrase ``will'' instead of ``may.''
    In this final rule, DOE is also re-ordering the RMC enforcement 
provisions within 10 CFR 429.134(c)(1) to improve the logical flow of 
the revised enforcement provisions. Furthermore, to aid in 
understanding these product-specific RMC enforcement provisions via 
visual representation, DOE is providing informative flow charts in the 
docket for this rulemaking, available at www.regulations.gov/docket/EERE-2016-BT-TP-0011/document. The logical flow through the finalized 
RMC enforcement provisions matches the logical flow through the flow 
chart.
    In reviewing the language in 10 CFR 429.134, DOE determined an 
incompatibility in the language, which it is removing in this final 
rule. In the language as proposed in the September 2021 NOPR, paragraph 
(ii)(C)--which applied if the difference between the measured and 
certified RMC values is less than or equal to two RMC percentage 
points--cross-referenced proposed paragraph (ii)(E) if DOE used a 
different test cloth lot than was used by the manufacturer for testing 
and certifying the basic model and the difference between the measured 
and certified RMC values would affect the unit's compliance with the 
applicable standards. Within paragraph (ii)(E), paragraph (ii)(E)(2) as 
proposed applied to cases in which the measured RMC value is more than 
three RMC percentage points higher than the certified RMC value. DOE 
notes that it would be impossible for a situation to arise in which the 
difference between the measured and certified RMC values is less than 
or equal to two RMC percentage points and in which the measured RMC 
value is more than three RMC percentage points higher than the 
certified RMC value (i.e., it would be impossible for the provisions at 
proposed paragraph (ii)(C) to lead to proposed paragraph (ii)(E)(2)). 
DOE removes this incompatibility in this final rule.
    This final rule also implements non-substantive wording changes to 
use more consistent language among each paragraph within 10 CFR 
429.134(c)(1).

K. Test Procedure Costs, Harmonization

1. Test Procedure Costs and Impact
    EPCA requires that test procedures proposed by DOE not be unduly 
burdensome to conduct. (42 U.S.C. 6293(b)(3)) The following sections 
discuss DOE's evaluation of estimated costs and savings associated with 
the amendments in this final rule.
a. Appendix J2 and Appendix J3 Amendments
    In this document, DOE amends the existing test procedure for 
clothes washers by:
    (1) Further specifying supply water temperature test conditions and 
water meter resolution requirements;
    (2) Adding specifications for measuring wash water temperature 
using submersible data loggers;
    (3) Expanding the load size table to accommodate clothes container 
capacities up to 8.0 ft\3\;
    (4) Defining user-adjustable adaptive WFCS;
    (5) Specifying the applicability of the wash time setting for 
clothes washers with a range of wash time settings;
    (6) Specifying how the energy test cycle flow charts apply to 
clothes washers that internally generate hot water;
    (7) Specifying that the energy test cycle flow charts be evaluated 
using the Maximum load size;
    (8) Specifying that testing is to be conducted with any network 
settings disabled if instructions are available to the user to disable 
these functions;
    (9) Further specifying the conditions under which data from a test 
cycle would be discarded;
    (10) Adding a product-specific enforcement provision to accommodate 
the potential for test cloth lot-to-lot variation in RMC;
    (11) Deleting obsolete definitions, metrics, and the clothes 
washer-specific waiver section;
    (12) Consolidating all test cloth-related specifications in 
appendix J3;
    (13) Reorganizing sections of appendix J3 for improved readability; 
and
    (14) Codifying the test cloth material verification procedure as 
used by industry.
    In the September 2021 NOPR, DOE tentatively determined that the 
proposed amendments to appendix J2 and appendix J3 would not be unduly 
burdensome for manufacturers to conduct and would not result in the 
need for any re-testing. 86 FR 49140, 49191.
    DOE requested comment on its characterization of the expected costs 
of the proposed amendments to appendix J2 and appendix J3 and on DOE's 
preliminary determination that the proposed amendments would not be 
unduly burdensome. Id. DOE received no comments on its characterization 
of the expected costs of the proposed amendments to appendix J2 and 
appendix J3. DOE has addressed in the preceding sections of this 
document comments regarding the related test procedure burdens 
associated with the amendments adopted in this final rule.
    DOE has determined that the amendment to change the target inlet 
water temperatures to the midpoint of each defined range may reduce 
test burden by reducing the potential for invalid cycles to occur due 
to a deviation in water temperatures outside the specified range.
    DOE has determined that the amendment to require more precise hot 
water meters for clothes washers with hot water usage less than 0.1 
gallons in any of the energy test cycles would require additional cost 
to upgrade existing water meters if a manufacturer or test laboratory 
expects to test such clothes washers but does not already have a water 
meter with the proposed more precise resolution. Based on a market 
survey of water meters, DOE determined the cost of a water meter that 
provides the proposed resolution, including associated hardware, to be 
around $600 for each device. DOE recognizes that laboratories may have 
multiple test stands, and that each test stand would likely be upgraded 
with the more precise hot water meter (if such an

[[Page 33372]]

upgrade is required). As an example, for a laboratory with 10 test 
stands, the material cost associated with installing a more precise hot 
water meter would total approximately $6,000. However, as discussed, at 
least one manufacturer already uses water meters with the proposed more 
precise resolution, and DOE's experience working with third-party 
laboratories indicates that most, if not all, third-party laboratories 
already use water meters with this resolution. DOE has not included the 
potential costs associated with this amendment based on stakeholders' 
comments and DOE's knowledge of third-party laboratory capabilities 
that suggest that laboratories that test clothes washers with hot water 
usage less than 0.1 gallons already use water meters with the proposed 
more precise resolution.
    The amendment to explicitly allow for the use of submersible 
temperature loggers specifies an additional means for determining wash 
water temperatures to confirm whether a wash temperature greater than 
135 [deg]F (defined as an Extra-Hot Wash) has been achieved during the 
wash cycle. As discussed, other methods for measuring wash water 
temperatures may provide inconclusive results, thus requiring retesting 
of cycles or additional ``exploratory'' testing to accurately determine 
the wash water temperature. Explicitly providing for the use of 
submersible temperature loggers may avoid the need for such additional 
testing. Based on a market survey of submersible data loggers, the cost 
of a submersible data logger is around $230 for each device. As 
discussed, laboratories may have multiple test stands, and DOE expects 
that a laboratory would purchase a separate data logger for each test 
stand. As an example, for a laboratory with 10 test stands, the 
material cost associated with purchasing submersible data loggers for 
each test stand would total around $2,300. DOE expects that the 
recurring cost savings enabled by the use of submersible temperature 
loggers (due to reducing the need for re-testing certain cycles or 
performing additional exploratory testing) would substantially outweigh 
the one-time purchase cost associated with each device and therefore 
has not included this cost in its summary of costs associated with this 
final rule.
    The amendment to extend the load size table applies only to clothes 
washers with capacities exceeding 6.0 ft\3\. Any such clothes washers 
currently on the market have already been granted a test procedure 
waiver from DOE, which specifies the same extended capacity table.
    The amendment to more explicitly define user-adjustable adaptive 
WFCS provides greater specification of DOE's existing definitions and 
could potentially alleviate test burden resulting from an incorrect 
application of the existing language. The amendments specifying updated 
language regarding cycle selection for clothes washers with a range of 
wash time settings are expected to improve repeatability and 
reproducibility without imposing any additional test burden. The 
amendment to specify how the energy test cycle flow charts apply to 
clothes washers that internally generate hot water reflects DOE's 
interpretation of the current Cold/Cold flowchart and subsequent 
flowcharts for the Warm Rinse temperature selections for this type of 
clothes washer; in addition, comments from interested parties suggest 
that this interpretation is generally consistent with that of 
manufacturers and third-party laboratories. The amendment to specify 
that the energy test cycle flow charts be evaluated using the Maximum 
load size are expected to improve repeatability and reproducibility 
without imposing any additional test burden.
    The amendment to specify that network settings must be disabled for 
testing under appendix J2 will impact only clothes washers with network 
settings that are enabled by default. DOE is not aware of any clothes 
washers currently on the market that meet these characteristics, and as 
such DOE does not expect this proposal to change how any current models 
are tested.
    The amendment to add product-specific enforcement provisions to 
accommodate the potential for lot-to-lot variation in RMC will extend 
current product-specific enforcement provisions for clothes washers to 
accommodate up to a 3-percentage point variation in the corrected RMC 
measurement based on the test cloth lot used for testing, and will not 
impact manufacturers' testing costs.
    The amendments to delete obsolete definitions, metrics, and the 
waiver section will not impact manufacturers' testing costs because 
these sections of the test procedure are no longer in use.
    The amendment to move all test cloth-related sections of the test 
procedures into appendix J3 will simplify appendix J2 without any 
changes to the test conduct or cost to manufacturers. The amendment to 
add additional test cloth qualification procedures to appendix J3 will 
not affect manufacturer cost because the proposal would codify existing 
industry-standard practices.
    For the reasons discussed in the preceding paragraphs and in the 
September 2021 NOPR, DOE has determined that the amendments to appendix 
J2 and appendix J3 adopted in this final rule are not unduly 
burdensome. Moreover, DOE has determined that the amendments to 
appendix J2 and appendix J3 would not alter the measure energy and 
water efficiency of currently certified clothes washers and therefore 
would not require retesting or recertification.
b. Appendix J Test Procedure
    In this document, DOE is creating a new appendix J that includes, 
in addition to the amendments discussed previously for appendix J2, 
significant additional changes that will affect the measured efficiency 
of a clothes washer. Because DOE will use the new appendix J for the 
evaluation and issuance of any updated efficiency standards, and for 
determining compliance with those standards, the use of the new 
appendix J will not be required until such a time as compliance with 
any amended energy conservation standards that are developed with 
consideration of new appendix J are required. The differences between 
appendix J2 and new appendix J are the following:
    (1) Modifying the hot water supply temperature range;
    (2) Modifying the clothes washer preconditioning requirements;
    (3) Modifying the Extra-Hot Wash threshold temperature;
    (4) Adding a measurement and calculation of average cycle time;
    (5) Requiring the testing of no more than two Warm Wash/Cold Rinse 
cycles, and no more than two Warm Wash/Warm Rinse cycles;
    (6) Measuring RMC on each cycle within the energy test cycle, 
rather than on cycles specifically dedicated to measuring RMC;
    (7) Reducing the number of load sizes from three to two for units 
currently tested with three load sizes;
    (8) Modifying the load size definitions consistent with two, rather 
than three, load sizes;
    (9) Updating the water fill levels to be used for testing to 
reflect the modified load size definitions;
    (10) Specifying the installation of single-inlet clothes washers, 
and simplifying the test procedure for semi-automatic clothes washers;
    (11) Defining new performance metrics that are based on the 
weighted-average load size rather than clothes container capacity;
    (12) Updating the final moisture content assumption in the drying 
energy formula;

[[Page 33373]]

    (13) Updating the number of annual clothes washer cycles from 295 
to 234; and
    (14) Updating the number of hours assigned to low-power mode to be 
based on the clothes washer's average measured cycle time rather than 
an assumed fixed value.
    In the September 2021 NOPR, DOE preliminarily concluded that the 
proposal to require measurement of cycle time is unlikely to result in 
an increase in test burden. 86 FR 49140, 49193. The proposal to require 
the measurement of cycle time could result in an increase in test 
burden if a laboratory is not currently measuring cycle time. However, 
although cycle time is not currently required to be measured, it is 
DOE's understanding that test laboratories already measure cycle time 
or use a data acquisition system to record electronic logs of each test 
cycle, from which average cycle time can be readily determined such 
that any increase in test burden would be de minimis.
    DOE further tentatively concluded in the September 2021 NOPR that 
none of the other proposed changes for appendix J would result in an 
increase in test burden. 86 FR 49140, 49193. In the September 2021 
NOPR, DOE tentatively determined that several of the proposed changes 
would result in a substantial decrease in test burden, an average 
savings of $348 per basic model of RCW and $153 per basic model of CCW. 
86 FR 49140, 49193-49194.
    DOE did not receive any comments regarding the test burden, average 
costs or savings of the proposed appendix J. In this final rule, DOE 
determines, consistent with the September 2021 NOPR, that the new 
appendix J will not result in any increase in test burden, as compared 
to appendix J2, and that it will result in a decrease in test burden. 
DOE based its determination on the following.
    To determine the potential savings to manufacturers, DOE first 
estimated the number of RCW and CCW models that are currently 
certified, using data from DOE's publicly available CCMS database.\73\ 
DOE identified approximately 25 manufacturers selling an estimated 718 
basic models of RCWs and 43 basic models of CCWs.
---------------------------------------------------------------------------

    \73\ www.regulations.doe.gov/certification-data. Last accessed 
on January 12, 2022.
---------------------------------------------------------------------------

    To enable an estimate of cost savings associated with specific 
features, as described in the paragraphs that follow, DOE developed 
representative market samples consisting of 100 basic models of RCWs 
and 10 basic models of CCWs (representing approximately 15 percent of 
the total basic models for each) that capture the range of available 
functionalities and options available to consumers. To develop these 
market samples, DOE selected a sample of basic models for which 
detailed product features could be determined from product brochures 
and other marketing materials, representing all major manufacturers and 
product designs currently on the market, and spanning all available 
efficiency levels.
    Reducing the number of load sizes from three to two for units with 
an automatic WFCS will reduce test burden for all clothes washers with 
an automatic WFCS. DOE's representative market sample suggests that 11 
percent of RCWs have a manual WFCS and therefore will experience no 
change in test burden as a result of this change. This being the case, 
89 percent of RCWs on the market will experience a reduction in test 
burden as follows: 20 percent of RCWs will experience a reduction in 
test burden of 2 to 4 cycles; 54 percent of RCWs will experience a 
reduction in test burden of 5 to 8 cycles; and 15 percent of RCWs will 
experience a reduction in test burden of more than 9 cycles. DOE's 
representative market sample suggests that all CCWs have an automatic 
WFCS and therefore DOE estimates that 70 percent of CCWs will 
experience a reduction in test burden of 3 or 4 cycles and that 30 
percent of CCWs will experience a reduction in test burden of 5 cycles. 
Id. Based on these estimates, DOE estimates a weighted-average test 
burden reduction of 5.1 cycles per RCW, and 3.7 cycles per CCW.
    Reducing the number of required test cycles by requiring the use of 
no more than two Warm/Cold cycles, and no more than two Warm/Warm 
cycles, will reduce the number of tested cycles for any clothes washer 
offering more than two Warm Wash temperatures. Based on DOE's 
representative market sample, DOE estimates that 49 percent of RCWs 
offer two or fewer Warm Wash temperature options and therefore will 
experience no change; 44 percent of RCWs will experience a reduction in 
test burden of 2 cycles; and 7 percent of RCWs will experience a 
reduction in test burden of 4 cycles. Id. DOE estimates that 70 percent 
of CCWs will experience no change and that 30 percent of CCWs will 
experience a reduction in test burden of 4 cycles. Id. Based on these 
estimates, DOE estimates a weighted-average additional test burden 
reduction of 1.2 cycles per RCW, and 0.6 cycles per CCW.\74\
---------------------------------------------------------------------------

    \74\ These savings assume the savings from reducing the number 
of load sizes have already been implemented.
---------------------------------------------------------------------------

    Reducing the number of required test cycles by measuring RMC on 
each tested cycle instead of measuring it on dedicated RMC cycles will 
remove the need for one or more cycles used for measuring RMC for any 
clothes washer offering more than one spin speed selectable on the 
Normal cycle. Based on DOE's representative market sample, DOE 
estimates that 45 percent of RCWs will experience no change; 27 percent 
of RCWs will experience a reduction in test burden of 1 cycle; 27 
percent of RCWs will experience a reduction in test burden of 2 cycles; 
and 1 percent of RCWs will experience a reduction in test burden of 4 
cycles. DOE estimates that no CCWs will experience a reduction in test 
burden from this change. Based on these estimates, DOE estimates a 
weighted-average additional test burden reduction of 0.9 cycles per 
RCW.\75\
---------------------------------------------------------------------------

    \75\ These savings assume the savings from reducing the number 
of load sizes and from reducing the number of Warm Wash temperature 
selections under test have already been implemented.
---------------------------------------------------------------------------

    Simplifying the test procedure for semi-automatic clothes washers 
will reduce test burden for all semi-automatic clothes washers by 10 
cycles. DOE has determined that approximately 2 percent of RCW basic 
models in the CCMS database are semi-automatic and is not aware of any 
semi-automatic CCWs. DOE therefore estimates a weighted-average 
additional test burden reduction of 0.2 cycles per RCW.
    To estimate the cost savings associated with the changes that are 
expected to reduce the number of cycles required for testing, DOE 
estimated each RCW cycle to have a duration of 1 hour, and each CCW 
cycle to have a duration of 45 minutes. Based on data from the Bureau 
of Labor Statistics' (``BLS's'') Occupational Employment and Wage 
Statistics, the mean hourly wage for mechanical engineering 
technologists and technicians is $29.27.\76\ Additionally, DOE used 
data from BLS's Employer Costs for Employee Compensation to estimate 
the percent that wages comprise the total compensation for an employee. 
DOE estimates that wages make up 70.8 percent of the total compensation 
for

[[Page 33374]]

private industry employees.\77\ Therefore, DOE estimated that the total 
hourly compensation (including all fringe benefits) of a technician 
performing the testing is $41.34.\78\
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    \76\ DOE used the mean hourly wage of the ``17-3027 Mechanical 
Engineering Technologists and Technicians'' from the most recent BLS 
Occupational Employment and Wage Statistics (May 2020) to estimate 
the hourly wage rate of a technician assumed to perform this 
testing. See www.bls.gov/oes/current/oes173027.htm. Last accessed on 
January 11, 2022.
    \77\ DOE used the September 2021 ``Employer Costs for Employee 
Compensation'' to estimate that for ``Private Industry Workers,'' 
``Wages and Salaries'' are 70.8 percent of the total employee 
compensation. See www.bls.gov/news.release/pdf/ecec.pdf. Last 
accessed on January 11, 2022.
    \78\ $29.27 / 0.708 = $41.34.
---------------------------------------------------------------------------

    Based on a January 2022 price list from the test cloth 
manufacturer, the cost of the test cloth required for performing 
testing is $7.16 per cloth.\79\ Based on an average RCW capacity of 
4.14 ft\3\,\80\ the load sizes associated with testing an average-
capacity RCW,\81\ and the maximum allowable usage of 60 test cycles per 
cloth,\82\ DOE estimates a total material cost of $5.13 per wash cycle 
on average across all RCWs on the market. 86 FR 49140, 49193-49194. 
Using these material costs, labor rates and time estimates, DOE 
estimates that the reduction in burden of a single test cycle on an RCW 
will provide $46.47 in costs savings \83\ for tests conducted at an in-
house test facility. Based on discussions with manufacturers over the 
course of multiple rulemakings, DOE understands that the majority of 
manufacturer testing is conducted at in-house test facilities.
---------------------------------------------------------------------------

    \79\ testgewebe.de/en/products/ballast-loads-base-load-textiles/
doe-energy-test-cloth/. Last accessed and converted to U.S. dollars 
on January 11, 2022.
    \80\ AHAM Trends in Energy Efficiency, 2018.
    \81\ The load sizes associated with a 4.14 ft\3\ clothes washer 
are 3.0 lb (minimum), 10.0 lb (average), and 17.0 lb (maximum) under 
appendix J2; and 6.1 lb (small) and 13.65 lb (large) under new 
appendix J, resulting in an average load size of 10.0 lb under 
appendix J2 or 9.9 lb under appendix J. For the purpose of the 
calculations in this analysis, DOE used 10.0 lb to represent the 
average load size.
    \82\ Section 2.7.1 of appendix J2 specifies that each energy 
test cloth must not be used for more than 60 test runs (after 
preconditioning).
    \83\ 1 x $41.34 + $5.13 = $46.47.
---------------------------------------------------------------------------

    Based on an average CCW capacity of 3.17 ft\3\,\84\ the load sizes 
associated with testing an average-capacity CCW,\85\ and the maximum 
allowable usage of 60 test cycles per cloth, DOE estimates a total 
material cost of $4.18 per wash cycle on average across all CCWs on the 
market. Using these material costs, labor rates and time estimates, DOE 
estimates that the reduction in burden of a single test cycle on a CCW 
will provide $35.19 in costs savings \86\ for tests conducted at an in-
house test facility.
---------------------------------------------------------------------------

    \84\ DOE calculated the average CCW capacity based on the 
average capacity of the representative sample of CCWs presented in 
chapter 5 of the technical support document accompanying the 
December 2014 Final Rule. Available at www.regulations.gov/document/EERE-2012-BTSTD-0020-0036.
    \85\ The load sizes associated with a 3.17 ft\3\ clothes washer 
are 3.0 lb (minimum), 7.95 lb (average), and 12.9 lb (maximum) under 
appendix J2; and 5.2 lb (small) and 10.55 lb (large) under new 
appendix J, resulting in an average load size of 7.95 lb under 
appendix J2 or 7.9 lb under appendix J. For the purpose of the 
calculations in this analysis, DOE used 7.95 lb to represent the 
average load size.
    \86\ 0.75 x $41.34 + $4.18 = $35.19.
---------------------------------------------------------------------------

    Based on these estimates, DOE has determined that the use of new 
appendix J will result in a total burden reduction of 7.4 cycles per 
RCW on average, which results in an average saving of $344 per basic 
model of RCW.\87\ For CCWs, use of new appendix J will result in a 
total burden reduction of 4.3 cycles per CCW on average, which results 
in an average saving of $151 per basic model of CCW.\88\
---------------------------------------------------------------------------

    \87\ 7.4 x $46.47 = $344.
    \88\ 4.3 x $35.19 = $151.
---------------------------------------------------------------------------

    Based on these estimates, DOE determines that the new test 
procedure at appendix J is not unduly burdensome for manufacturers to 
conduct.
2. Harmonization With Industry Standards
    DOE's established practice is to adopt relevant industry standards 
as DOE test procedures unless such methodology would be unduly 
burdensome to conduct or would not produce test results that reflect 
the energy efficiency, energy use, water use (as specified in EPCA) or 
estimated operating costs of that product during a representative 
average use cycle or period of use. Section 8(c) of appendix A of 10 
CFR part 430 subpart C; 10 CFR 431.4. In cases where the industry 
standard does not meet EPCA statutory criteria for test procedures, DOE 
will make modifications through the rulemaking process to these 
standards as the DOE test procedures.
    The test procedures for clothes washers at the new appendix J and 
appendix J2 and appendix J3 incorporate by reference certain provisions 
of IEC Standard 62301 that provide test conditions, testing equipment, 
and methods for measuring standby mode and off mode power consumption. 
These appendices also reference AATCC test methods for qualifying new 
batches of test cloth, and AHAM Standard Test Detergent Formula 3 for 
preconditioning new test cloths. DOE is not aware of any existing 
industry test procedures for clothes washers that measure energy and 
water efficiency.
    DOE is aware of two clothes washer test procedures established by 
industry: AHAM HLW-2-2020 and IEC 60456. AHAM's existing clothes washer 
procedure, AHAM HLW-2-2020, does not include a procedure for measuring 
energy and water. IEC 60456 includes tests for water and energy use, 
water extraction (i.e., RMC), washing performance, rinsing performance, 
and wool shrinkage. DOE noted several key differences between IEC 60456 
and DOE's test procedure, including:
    (1) IEC 60456 uses manufacturer-declared capacity or, in the 
absence of a declared capacity, specifies two alternative capacity 
measurement procedures: A table tennis ball method (in which the drum 
is filled with table tennis balls) and a water fill method, which more 
closely resembles DOE's capacity measurement method. However, the water 
fill method for top-loading clothes washers corresponds to ``Fill Level 
1,'' as defined in the March 2012 Final Rule, in contrast to DOE's 
currently specified ``Fill Level 2.''
    (2) IEC 60456 defines two types of load materials that can be used: 
A 100-percent cotton load, consisting of sheets, pillowcases, and 
towels; or a synthetics/blends load (65-percent polyester, 35-percent 
cotton), consistent of men's shirt and pillowcases. IEC 60456 requires 
a distribution in age (i.e., number of cycles that have been performed) 
for each different item type comprising the load.
    (3) The procedure for determining water and energy consumption 
(Section 8.6 of IEC 60456) specifies that the test load shall be 
subjected to ``performance'' testing, which requires operating a 
reference clothes washer in parallel with the unit under test; using a 
test load that includes stain strips used to evaluate cleaning 
performance; and using detergent as specified.
    (4) IEC 60456 does not define the ``Normal'' cycle or energy test 
cycle; rather, the procedures in IEC 60456 are generic and can be 
applied to any wash program or cycle selections defined by the tester.
    In the September 2021 NOPR, DOE tentatively concluded that IEC 
60456 does not meet EPCA statutory criteria, in that IEC 60456 would be 
unduly burdensome to conduct and would not produce test results that 
reflect the energy efficiency, energy use, water use, or estimated 
operating costs of a clothes washer during a representative average use 
cycle or period of use for a U.S. consumer. 86 FR 49140, 49194.
    The Joint Commenters commented in disagreement with DOE's 
assessment that the industry-developed IEC 60456 test procedure is 
significantly more burdensome to conduct and less representative than 
DOE's own test procedure. (Joint Commenters, No. 31 at pp. 9-10) The 
Joint Commenters commented that IEC 60456 has the benefit of industry 
familiarity, asserting that U.S. and European manufacturers

[[Page 33375]]

use this test procedure to verify that their European models meet 
European energy standards. (Id.) The Joint Commenters also commented 
that IEC 60456 can represent U.S.-specific test conditions, including 
use of the Normal cycle and specific load sizes. (Id.) The Joint 
Commenters added that IEC 60456 uses a more representative 100 percent 
cotton test cloth, which the Joint Commenters asserted is more 
representative of real textiles. (Id.) The Joint Commenters also 
commented that using IEC 60456 could possibly increase the availability 
of European models in the U.S. market, since reducing the U.S.-specific 
testing burden may enable manufacturers to build models for U.S. 
markets. (Id.) Lastly, the Joint Commenters commented that because the 
IEC 60456 test procedure is updated by industry, DOE could expend less 
effort on maintaining repeatability and reproducibility, and instead 
focus updates on additional instructions needed to ensure 
representation of U.S. consumer use. (Id.)
    In response to the Joint Commenters' comments, DOE continues to 
assert that a test load that is 100 percent cotton is not more 
representative of consumer usage (as discussed in section III.I.1 of 
this document). For the reasons discussed, DOE maintains its conclusion 
from the September 2021 NOPR that IEC 60456 would be unduly burdensome 
to conduct and would not produce test results that reflect the energy 
efficiency, energy use, water use, or estimated operating costs of a 
clothes washer during a representative average use cycle or period of 
use for a U.S. consumer.

L. Effective and Compliance Dates

    The effective date for the adopted test procedure amendments is 30 
days after publication of this final rule in the Federal Register. EPCA 
prescribes that all representations of energy efficiency and energy 
use, including those made on marketing materials and product labels, 
must be made in accordance with an amended test procedure, beginning 
180 days after publication of the final rule in the Federal Register. 
(42 U.S.C. 6293(c)(2); 42 U.S.C. 6314(d)(1)) EPCA provides an allowance 
for individual manufacturers to petition DOE for an extension of the 
180-day period if the manufacturer may experience undue hardship in 
meeting the deadline. (42 U.S.C. 6293(c)(3); 42 U.S.C. 6314(d)(2)) To 
receive such an extension, petitions must be filed with DOE no later 
than 60 days before the end of the 180-day period and must detail how 
the manufacturer will experience undue hardship. (Id.) To the extent 
the modified test procedure adopted in this final rule is required only 
for the evaluation and issuance of updated efficiency standards, 
compliance with the amended test procedure does not require use of such 
modified test procedure provisions until the compliance date of updated 
standards.
    Upon the compliance date of test procedure provisions in this final 
rule, any waivers that had been previously issued and are in effect 
that pertain to issues addressed by such provisions are terminated. 10 
CFR 430.27(h)(3); 10 CFR 431.401(h)(3). Recipients of any such waivers 
are required to test the products subject to the waiver according to 
the amended test procedure as of the compliance date of the amended 
test procedure. The amendments adopted in this document pertain to 
issues addressed by waivers granted to Whirlpool and Samsung on May 2, 
2016, and April 10, 2017, respectively. 81 FR 26215 (Case No. CW-026); 
82 FR 17229 (Case No. CW-027). Specifically, both waivers specified 
load sizes for basic models with capacity larger than 6.0 ft\3\. As 
discussed in section III.D.1.a of this document, this final rule 
expands Table 5.1 in both appendix J2 and the new appendix J to 
accommodate clothes washers with capacities up to 8.0 ft\3\. Per 10 CFR 
430.27(l), the publication of this final rule eliminates the need for 
the continuation of granted waivers. The publication of this final rule 
terminates these waivers consistent with 10 CFR 430.27(h)(3) and 10 CFR 
430.27(l). Under 10 CFR 430.27(h)(3), the waivers automatically 
terminate on the date on which use of the amended appendix J2 test 
procedure is required to demonstrate compliance (i.e., 180 days after 
publication of the final rule in the Federal Register).

IV. Procedural Issues and Regulatory Review

A. Review Under Executive Order 12866 and 13563

    Executive Order (``E.O.'') 12866, ``Regulatory Planning and 
Review,'' as supplemented and reaffirmed by E.O. 13563, ``Improving 
Regulation and Regulatory Review, 76 FR 3821 (Jan. 21, 2011), requires 
agencies, to the extent permitted by law, to (1) propose or adopt a 
regulation only upon a reasoned determination that its benefits justify 
its costs (recognizing that some benefits and costs are difficult to 
quantify); (2) tailor regulations to impose the least burden on 
society, consistent with obtaining regulatory objectives, taking into 
account, among other things, and to the extent practicable, the costs 
of cumulative regulations; (3) select, in choosing among alternative 
regulatory approaches, those approaches that maximize net benefits 
(including potential economic, environmental, public health and safety, 
and other advantages; distributive impacts; and equity); (4) to the 
extent feasible, specify performance objectives, rather than specifying 
the behavior or manner of compliance that regulated entities must 
adopt; and (5) identify and assess available alternatives to direct 
regulation, including providing economic incentives to encourage the 
desired behavior, such as user fees or marketable permits, or providing 
information upon which choices can be made by the public. DOE 
emphasizes as well that E.O. 13563 requires agencies to use the best 
available techniques to quantify anticipated present and future 
benefits and costs as accurately as possible. In its guidance, the 
Office of Information and Regulatory Affairs (``OIRA'') in the Office 
of Management and Budget (``OMB'') has emphasized that such techniques 
may include identifying changing future compliance costs that might 
result from technological innovation or anticipated behavioral changes. 
For the reasons stated in the preamble, this final regulatory action is 
consistent with these principles.
    Section 6(a) of E.O. 12866 also requires agencies to submit 
``significant regulatory actions'' to OIRA for review. OIRA has 
determined that this final regulatory action does not constitute a 
``significant regulatory action'' under section 3(f) of E.O. 12866. 
Accordingly, this action was not submitted to OIRA for review under 
E.O. 12866.

B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
preparation of a final regulatory flexibility analysis (``FRFA'') for 
any final rule where the agency was first required by law to publish a 
proposed rule 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 E.O. 13272, 
``Proper Consideration of Small Entities in Agency Rulemaking,'' 67 FR 
53461 (August 16, 2002), DOE published procedures and policies on 
February 19, 2003, to ensure that the potential impacts of its rules on 
small entities are properly considered during the DOE rulemaking 
process. 68 FR 7990. DOE has made its procedures and policies available 
on the Office of the General Counsel's website: energy.gov/gc/office-general-counsel.

[[Page 33376]]

    DOE reviewed this final rule under the provisions of the Regulatory 
Flexibility Act and the policies and procedures published on February 
19, 2003. DOE has concluded that the rule would not have a significant 
impact on a substantial number of small entities. The factual basis for 
this certification is as follows.
    DOE uses the Small Business Administration's (``SBA'') small 
business size standards to determine whether manufacturers qualify as 
small businesses, which are listed by the North American Industry 
Classification System (``NAICS''). The SBA considers a business entity 
to be a small business if, together with its affiliates, it employs 
less than a threshold number of workers specified in 13 CFR part 121. 
The NAICS code for clothes washers is 335220, ``Major Household 
Appliance Manufacturing.'' The threshold number for NAICS code 335220 
is 1,500 employees.\89\ This employee threshold includes all employees 
in a business's parent company and any other subsidiaries.
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    \89\ Available online at: www.sba.gov/document/support--table-size-standards.
---------------------------------------------------------------------------

    DOE reviewed its CCMS database and other publicly available data to 
identify original equipment manufacturers (``OEMs'') of the products 
and equipment covered by this rulemaking. DOE then consulted individual 
company websites and subscription-based market research tools (e.g., 
reports from Dun & Bradstreet \90\), to determine whether they meet the 
SBA's definition of a small business manufacturer. DOE screened out 
companies that do not offer products or equipment covered by this 
rulemaking, do not meet the definition of a ``small business,'' or are 
foreign-owned and operated.
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    \90\ The Dun & Bradstreet Hoovers subscription login is 
available at app.dnbhoovers.com/.
---------------------------------------------------------------------------

    DOE identified 25 companies that import, private label, produce, or 
manufacture clothes washers. Of those 25 companies, DOE determined 15 
are OEMs of the covered products and equipment. Of those 15 companies, 
one is a small domestic OEM that offers a single model of RCWs. DOE 
determined no small domestic OEMs manufacture CCWs.
    In this final rule, DOE amends appendix J2 by (1) Further 
specifying supply water temperature test conditions and water meter 
resolution requirements; (2) Adding specifications for measuring wash 
water temperature using submersible data loggers; (3) Expanding the 
load size table to accommodate clothes container capacities up to 8.0 
ft\3\; (4) Defining ``user-adjustable adaptive water fill control;'' 
(5) Specifying the applicability of the wash time setting for clothes 
washers with a range of wash time settings; (6) Specifying how the 
energy test cycle flow charts apply to clothes washers that internally 
generate hot water; (7) Specifying that the energy test cycle flow 
charts are to be evaluated using the Maximum load size; (8) Specifying 
that testing is to be conducted with any network settings disabled if 
instructions are available to the user to disable these functions; (9) 
Further specifying the conditions under which data from a test cycle 
would be discarded; (10) Adding product-specific enforcement provisions 
to accommodate the potential for test cloth lot-to-lot variation in 
remaining moisture content (``RMC''); (11) Deleting obsolete 
definitions, metrics, and the clothes washer-specific waiver section; 
and (12) Moving additional test cloth related specifications to 
appendix J3.
    In this final rule, DOE also updates 10 CFR part 430, subpart B, 
appendix J3, ``Uniform Test Method for Measuring the Moisture 
Absorption and Retention Characteristics,'' by: (1) Consolidating all 
test cloth-related provisions, including those proposed to be moved 
from appendix J2; (2) Reorganizing sections for improved readability; 
and (3) Codifying the test cloth material verification procedure as 
used by industry.
    DOE has determined that these amendments to appendix J2 and 
appendix J3 would not result in manufacturers needing to re-rate 
clothes washers. The amendment (1) to appendix J2 (i.e., further 
specifying water meter resolution requirements) may require more 
precise hot water meters for clothes washers with hot water usage less 
than 0.1 gallons in any of the energy test cycles. However, DOE's 
analysis of the small manufacturer's product offering indicates that 
the amendment will not apply and no capital expenditures would be 
necessary for the business.
    In this final rule, DOE also adds appendix J to 10 CFR part 430, 
subpart B, ``Uniform Test Method for Measuring the Energy Consumption 
of Automatic and Semi-Automatic Clothes Washers,'' which will be used 
for the evaluation and issuance of any updated efficiency standards, as 
well as to determine compliance with the updated standards, should DOE 
determine that amended standards are warranted based on the criteria 
established by EPCA.\91\ The new appendix J will include the following 
additional provisions beyond the amendments to appendix J2 that: (1) 
Modify the hot water supply temperature range; (2) Modify the clothes 
washer pre-conditioning requirements; (3) Modify the Extra-Hot Wash 
threshold temperature; (4) Add measurement and calculation of average 
cycle time; (5) Reduce the number of required test cycles by requiring 
the use of no more than two Warm Wash/Cold Rinse cycles, and no more 
than two Warm Wash/Warm Rinse cycles; (6) Reduce the number of required 
test cycles by removing the need for one or more cycles used for 
measuring RMC; (7) Reduce the number of load sizes from three to two 
for units currently tested with three load sizes; (8) Modify the load 
size definitions consistent with two, rather than three, load sizes; 
(9) Update the water fill levels to be used for testing to reflect the 
modified load size definitions; (10) Specify the installation of 
single-inlet clothes washers, and simplify the test procedure for semi-
automatic clothes washers; (11) Define new performance metrics that are 
based on the weighted-average load size rather than clothes container 
capacity: ``energy efficiency ratio,'' ``active-mode energy efficiency 
ratio,'' and ``water efficiency ratio;'' (12) Update the final moisture 
content assumption in the drying energy formula; (13) Update the number 
of annual clothes washer cycles from 295 to 234; and (14) Update the 
number of hours assigned to low-power mode to be based on the clothes 
washer's measured cycle time rather than an assumed fixed value.
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    \91\ Information regarding the ongoing RCW and CCW energy 
conservation standards rulemakings can be found at docket numbers 
EERE-2017-BT-STD-0014 and EERE-2019-BT-STD-0044, respectively.
---------------------------------------------------------------------------

    Due to the reduction in number of loads and number of wash cycles, 
the proposed new appendix J would be less burdensome than appendix J2 
for industry. However, the small manufacturer would need to re-rate its 
one model when any future amended energy conservation standard requires 
the use of the proposed new appendix J. Taking into account the fully-
burdened wage of a technician ($41.34/hour), the estimated time per 
wash cycle (1 hour for a RCW), the average cost of test cloth per RCW 
wash cycle ($5.13 of cloth), the estimated number of test cycles for 
the small entity's basic model (6 cycles), and the number of test units 
(2 units tested), DOE estimates the cost of re-rating one model would 
be less than $1,000.\92\ Using subscription-based market research 
tools, DOE found the

[[Page 33377]]

small business annual revenue to be approximately $6 million. DOE 
calculates the cost of re-rating one model to Appendix J to be less 
than 0.1 percent of revenue for the small manufacturer.
---------------------------------------------------------------------------

    \92\ Additional detail can be found in section III.K.1.b ``Test 
Procedure Costs and Impacts'' of the test procedure Final Rule 
notice.
---------------------------------------------------------------------------

    DOE identified 15 OEMs affected by this final rule. One OEM is a 
small entity that certifies a single basic model of RCW, in an industry 
with 718 basic models of RCWs. As discussed previously, the amendments 
to appendix J2 will result in zero costs to the small manufacturer and 
the proposed new appendix J would be less burdensome to conduct than 
appendix J2 for all manufacturers. Additionally, the new appendix J 
will have no impact before an amended energy conservation standard is 
adopted.
    If and when amended energy conservation standards are adopted, DOE 
expects the new appendix J to have de minimis cost impacts on the small 
manufacturer. DOE estimated the cost to re-test the small entity's 
basic model to appendix J would be less than $1,000. DOE calculates 
this potential cost to be less than 0.1 percent of revenue for the one 
small manufacturer. Based on this analysis, DOE certifies that this 
final rule does not have a ``significant economic impact on a 
substantial number of small entities,'' and determined that the 
preparation of a FRFA is not warranted. DOE will transmit a 
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).

C. Review Under the Paperwork Reduction Act of 1995

    Manufacturers of RCWs and CCWs 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 RCWs and CCWs. 
(See generally 10 CFR part 429.) The collection-of-information 
requirement for the certification and recordkeeping is subject to 
review and approval by OMB under the Paperwork Reduction Act (``PRA''). 
This requirement has been approved by OMB under OMB control number 
1910-1400. Public reporting burden for the certification is estimated 
to average 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.
    DOE is not amending the certification or reporting requirements for 
RCWs or CCWs in this final rule. Instead, DOE may consider proposals to 
amend the certification requirements and reporting for RCWs and CCWs 
under a separate rulemaking regarding appliance and equipment 
certification. DOE will address changes to OMB Control Number 1910-1400 
at that time, as necessary.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB Control Number.

D. Review Under the National Environmental Policy Act of 1969

    In this final rule, DOE establishes test procedure amendments that 
it expects will be used to develop and implement future energy 
conservation standards for RCWs and CCWs. 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, DOE has determined that adopting test procedures for 
measuring energy efficiency of consumer products and industrial 
equipment is consistent with activities identified in 10 CFR part 1021, 
appendix A to subpart D, A5 and A6. Accordingly, neither an 
environmental assessment nor an environmental impact statement is 
required.

E. Review Under Executive Order 13132

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

F. Review Under Executive Order 12988

    Regarding the review of existing regulations and the promulgation 
of new regulations, section 3(a) of E.O. 12988, ``Civil Justice 
Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal agencies the 
general duty to adhere to the following requirements: (1) Eliminate 
drafting errors and ambiguity; (2) write regulations to minimize 
litigation; (3) provide a clear legal standard for affected conduct 
rather than a general standard; and (4) promote simplification and 
burden reduction. Section 3(b) of E.O. 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 
E.O. 12988 requires executive agencies to review regulations in light 
of applicable standards in sections 3(a) and 3(b) to determine whether 
they are met or it is unreasonable to meet one or more of them. DOE has 
completed the required review and determined that, to the extent 
permitted by law, this final rule meets the relevant standards of E.O. 
12988.

G. Review Under the Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA'') 
requires each Federal agency to assess the effects of Federal 
regulatory actions on State, local, and Tribal governments and the 
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531). 
For a regulatory action resulting in a rule that

[[Page 33378]]

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

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

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

I. Review Under Executive Order 12630

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

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

    Section 515 of the Treasury and General Government Appropriations 
Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most 
disseminations of information to the public under guidelines 
established by each agency pursuant to general guidelines issued by 
OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and 
DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). Pursuant 
to OMB Memorandum M-19-15, Improving Implementation of the Information 
Quality Act (April 24, 2019), DOE published updated guidelines which 
are available at www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf. DOE has 
reviewed this final rule under the OMB and DOE guidelines and has 
concluded that it is consistent with applicable policies in those 
guidelines.

K. Review Under Executive Order 13211

    E.O. 13211, ``Actions Concerning Regulations That Significantly 
Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 (May 22, 
2001), requires Federal agencies to prepare and submit to OMB, a 
Statement of Energy Effects for any significant energy action. A 
``significant energy action'' is defined as any action by an agency 
that promulgated or is expected to lead to promulgation of a final 
rule, and that (1) is a significant regulatory action under E.O. 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 significant energy action, the agency must give a detailed 
statement of any adverse effects on energy supply, distribution, or use 
if the regulation is implemented, and of reasonable alternatives to the 
action and their expected benefits on energy supply, distribution, and 
use.
    This regulatory action is not a significant regulatory action under 
E.O. 12866. Moreover, it would not have a significant adverse effect on 
the supply, distribution, or use of energy, nor has it been designated 
as a significant energy action by the Administrator of OIRA. Therefore, 
it is not a significant energy action, and, accordingly, DOE has not 
prepared a Statement of Energy Effects.

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

    Under section 301 of the Department of Energy Organization Act 
(Pub. L. 95-91; 42 U.S.C. 7101), DOE must comply with section 32 of the 
Federal Energy Administration Act of 1974, as amended by the Federal 
Energy Administration Authorization Act of 1977. (15 U.S.C. 788; 
``FEAA'') Section 32 essentially provides in relevant part that, where 
a proposed rule authorizes or requires use of commercial standards, the 
notice of proposed rulemaking must inform the public of the use and 
background of such standards. In addition, section 32(c) requires DOE 
to consult with the Attorney General and the Chairman of the FTC 
concerning the impact of the commercial or industry standards on 
competition.
    The modifications to the test procedure for clothes washers adopted 
in this final rule incorporates testing methods contained in certain 
sections of the following commercial standards: AATCC Test Method 79-
2010, AATCC Test Method 118-2007, AATCC Test Method 135-2010, and IEC 
62031. DOE has evaluated these standards and is unable to conclude 
whether it fully complies with the requirements of section 32(b) of the 
FEAA (i.e., whether it was developed in a manner that fully provides 
for public participation, comment, and review.) DOE has consulted with 
both the Attorney General and the Chairman of the FTC about the impact 
on competition of using the methods contained in these standards and 
has received no comments objecting to their use.

M. Congressional Notification

    As required by 5 U.S.C. 801, DOE will report to Congress on the 
promulgation of this rule before its effective date. The report will 
state that it has been determined that the rule is not a ``major rule'' 
as defined by 5 U.S.C. 804(2).

N. Description of Materials Incorporated by Reference

    In this final rule, DOE incorporates by reference the test standard 
published by AATCC, titled ``Absorbency of Textiles,'' AATCC Test 
Method 79-2010. DOE also incorporates by reference the test standard 
published by AATCC, titled ``Oil Repellency: Hydrocarbon Resistance 
Test,'' AATCC Test Method 118-2007. AATCC 79-2010 and AATCC 118-2007 
are industry-accepted test procedure that verify the presence or 
absence of water repellent finishes on fabric by measuring the water 
absorbency and oil repellency of the fabric, respectively.
    In this final rule, DOE incorporates by reference the test standard 
published by AATCC, titled ``Dimensional Changes of Fabrics after Home 
Laundering,'' AATCC Test Method 135-2010. AATCC 135-2010 is an 
industry-accepted test procedure for measuring dimensional changes in 
fabric (i.e., ``shrinkage'') due to laundering.
    All three of these AATCC test methods are currently incorporated by 
reference for use in appendix J2. This

[[Page 33379]]

final rule transfers the references to these test methods to appendix 
J3. Copies of AATCC test methods can be obtained from AATCC, P.O. Box 
12215, Research Triangle Park, NC 27709, (919) 549-3526, or by going to 
www.aatcc.org.
    In this final rule, DOE incorporates by reference the test standard 
published by IEC, titled ``Household electrical appliances--Measurement 
of standby power,'' (Edition 2.0, 2011-01), IEC 62301. IEC 62301 is an 
industry-accepted test procedure for measuring standby energy 
consumption. IEC 62301 is currently incorporated by reference for use 
in appendix J2, which references specific provisions of the industry 
standard. See 10 CFR 430.3(o)(6). This final rule includes the same 
references in the new appendix J.
    Copies of IEC 62301 available from the American National Standards 
Institute, 25 W 43rd Street, 4th Floor, New York, NY 10036, (212) 642-
4900, or by going to webstore.ansi.org.
    In this final rule, DOE adds a new section 0 (Incorporation by 
Reference) to appendix J2 listing the applicable sections of the 
incorporated test standard and specifying that in cases in which there 
is a conflict, the language of the DOE test procedure takes precedence 
over the referenced test standards. DOE also includes a similar section 
0 in appendix J. This approach is consistent with the approach taken by 
DOE in other recent consumer product test procedure amendments (see, 
for example, test procedure final rules for consumer clothes dryers 
(October 8, 2021; 86 FR 56608) and water closets and urinals (March 23, 
2022; 87 FR 16375)).

V. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this final 
rule.

List of Subjects

10 CFR Part 429

    Administrative practice and procedure, Confidential business 
information, Energy conservation, Household appliances, Imports, 
Intergovernmental relations, Reporting and recordkeeping requirements, 
Small businesses.

10 CFR Part 430

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

10 CFR Part 431

    Administrative practice and procedure, Confidential business 
information, Energy conservation test procedures, and Reporting and 
recordkeeping requirements.

Signing Authority

    This document of the Department of Energy was signed on May 13, 
2022, by Kelly J. Speakes-Backman, Principal Deputy Assistant Secretary 
for 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 May 13, 2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.

    For the reasons stated in the preamble, DOE amends parts 429, 430, 
and 431 of Chapter II of Title 10, Code of Federal Regulations as set 
forth below:

PART 429--CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER 
PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT

0
1. The authority citation for part 429 continues to read as follows:

    Authority:  42 U.S.C. 6291-6317; 28 U.S.C. 2461 note.


0
2. Section 429.20 is amended by revising paragraphs (a)(2)(i) 
introductory text, (a)(2)(ii) introductory text, and (a)(3) to read as 
follows:


Sec.  429.20  Residential clothes washers.

    (a) * * *
    (2) * * *
    (i) Any represented value of the integrated water factor, the 
estimated annual operating cost, the energy or water consumption, or 
other measure of energy or water consumption of a basic model for which 
consumers would favor lower values shall be greater than or equal to 
the higher of:
* * * * *
    (ii) Any represented value of the integrated modified energy 
factor, energy efficiency ratio, water efficiency ratio, or other 
measure of energy or water consumption of a basic model for which 
consumers would favor higher values shall be less than or equal to the 
lower of:
* * * * *
    (3) The clothes container capacity of a basic model reported in 
accordance with paragraph (b)(2) of this section shall be the mean of 
the measured clothes container capacity, C, of all tested units of the 
basic model.
* * * * *

0
3. Section 429.46 is amended by revising paragraph (a)(2)(ii) 
introductory text to read as follows:


Sec.  429.46  Commercial clothes washers.

    (a) * * *
    (2) * * *
    (ii) Any represented value of the modified energy factor, active-
mode energy efficiency ratio, water efficiency ratio, or other measure 
of energy or water consumption of a basic model for which consumers 
would favor higher values shall be greater than or equal to the higher 
of:
* * * * *

0
4. Section 429.134 is amended by revising paragraph (c)(1) to read as 
follows:


Sec.  429.134  Product-specific enforcement provisions.

* * * * *
    (c) Clothes washers--(1) Determination of Remaining Moisture 
Content. These provisions address anomalous remaining moisture content 
(RMC) results that are not representative of a basic model's 
performance, as well as differences in RMC values that may result from 
DOE using a different test cloth lot than was used by the manufacturer 
for testing and certifying the basic model.
    (i) When testing according to appendix J to subpart B of part 430:
    (A) If the measured RMC value of a tested unit is equal to or lower 
than the certified RMC value of the basic model (expressed as a 
percentage), then the measured RMC value will be considered the tested 
unit's final RMC value and will be used as the basis for the 
calculation of per-cycle energy consumption for removal of moisture 
from the test load for that unit.
    (B) If the measured RMC value of a tested unit is higher than the 
certified RMC value of the basic model but the difference between the 
measured and certified RMC values would not affect the unit's 
compliance with the applicable standards, then the measured RMC value 
will be considered the tested unit's final RMC value.

[[Page 33380]]

    (C) If the measured RMC value of a tested unit is higher than the 
certified RMC value of the basic model and the difference between the 
measured and certified RMC values would affect the unit's compliance 
with the applicable standards, then:
    (1) If DOE used the same test cloth lot that was used by the 
manufacturer for testing and certifying the basic model, then the 
measured RMC value will be considered the tested unit's final RMC 
value.
    (2) If DOE used a different test cloth lot than was used by the 
manufacturer for testing and certifying the basic model, then:
    (i) If the measured RMC value of a tested unit is higher than the 
certified RMC value of the basic model by more than three RMC 
percentage points, then a value three RMC percentage points less than 
the measured RMC value will be considered the tested unit's final RMC 
value.
    (ii) If the measured RMC value of a tested unit is higher than the 
certified RMC value of the basic model, but by no more than three RMC 
percentage points, then the certified RMC value of the basic model will 
be considered the tested unit's final RMC value.
    (ii) When testing according to appendix J2 to subpart B of part 
430:
    (A) The procedure for determining remaining moisture content (RMC) 
will be performed once in its entirety, pursuant to the test 
requirements of section 3.8 of appendix J2 to subpart B of part 430, 
for each unit tested.
    (B) If the measured RMC value of a tested unit is equal to or lower 
than the certified RMC value of the basic model (expressed as a 
percentage), then the measured RMC value will be considered the tested 
unit's final RMC value and will be used as the basis for the 
calculation of per-cycle energy consumption for removal of moisture 
from the test load for that unit.
    (C) If the measured RMC value of a tested unit is higher than the 
certified RMC value of the basic model but by no more than two RMC 
percentage points and the difference between the measured and certified 
RMC values would not affect the unit's compliance with the applicable 
standards, then the measured RMC value will be considered the tested 
unit's final RMC value.
    (D) If the measured RMC value of a tested unit is higher than the 
certified RMC value of the basic model but by no more than two RMC 
percentage points and the difference between the measured and certified 
RMC values would affect the unit's compliance with the applicable 
standards, then:
    (1) If DOE used the same test cloth lot that was used by the 
manufacturer for testing and certifying the basic model, then the 
measured RMC value will be considered the tested unit's final RMC 
value.
    (2) If DOE used a different test cloth lot than was used by the 
manufacturer for testing and certifying the basic model, then the 
certified RMC value of the basic model would be considered the tested 
unit's final RMC value.
    (E) If the measured RMC value of a tested unit is higher than the 
certified RMC value of the basic model by more than two RMC percentage 
points, then DOE will perform two replications of the RMC measurement 
procedure, each pursuant to the provisions of section 3.8.5 of appendix 
J2 to subpart B of part 430, for a total of three independent RMC 
measurements of the tested unit. The average of the three RMC 
measurements will be calculated.
    (1) If the average of the three RMC measurements is equal to or 
lower than the certified RMC value of the basic model, then the average 
RMC value will be considered the tested unit's final RMC value.
    (2) If the average of the three RMC measurements is higher than the 
certified RMC value of the basic model but the difference between the 
measured and certified RMC values would not affect the unit's 
compliance with the applicable standards, then the average RMC value 
will be considered the tested unit's final RMC value.
    (3) If the average of the three RMC measurements is higher than the 
certified RMC value of the basic model and the difference between the 
measured and certified RMC values would affect the unit's compliance 
with the applicable standards, then DOE will apply paragraph 
(c)(1)(ii)(F) of this section.
    (F) If the average of the three RMC measurements is higher than the 
certified RMC value of the basic model and the difference between the 
measured and certified RMC values would affect the unit's compliance 
with the applicable standards, then:
    (1) If DOE used the same test cloth lot that was used by the 
manufacturer for testing and certifying the basic model, then the 
average RMC pursuant to paragraph (c)(1)(ii)(E) of this section will be 
considered the tested unit's final RMC value.
    (2) If DOE used a different test cloth lot than was used by the 
manufacturer for testing and certifying the basic model, then:
    (i) If the average RMC value pursuant to paragraph (c)(1)(ii)(D) of 
this section is higher than the certified valued of the basic model by 
more than three RMC percentage points, then a value three RMC 
percentage points less than the average RMC value will be considered 
the tested unit's final RMC value.
    (ii) If the average RMC value pursuant to paragraph (c)(1)(ii)(D) 
of this section is higher than the certified RMC value of the basic 
model, but by no more than three RMC percentage points, then the 
certified RMC value of the basic model will be considered the tested 
unit's final RMC value.
* * * * *

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

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

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


Sec.  430.3  [Amended]

0
6. Section 430.3 is amended as follows:
0
a. In paragraphs (d)(1) through (3), remove the text ``J2'' and add, in 
its place, the text ``J3'' wherever it appears; and
0
b. In paragraph (o)(6), remove the text ``J2'' and add, in its place, 
the text ``J, J2''.

0
7. Section 430.23 is amended by:
0
a. Revising paragraphs (j)(1)(i) and (ii);
0
b. Removing paragraph (j)(2)(i);
0
c. Redesignating paragraph (j)(2)(ii) as (j)(2)(i);
0
d. Adding a new paragraph (j)(2)(ii);
0
e. Revising paragraph (j)(3)(i);
0
f. Removing paragraph (j)(4)(i);
0
g. Redesignating paragraph (j)(4)(ii) as (j)(4)(i);
0
h. Revising newly redesignated paragraph (j)(4)(i);
0
i. Adding a new paragraph (j)(4)(ii); and
0
j. Revising paragraph (j)(5).
    The additions and revisions read as follows:


Sec.  430.23  Test procedures for the measurement of energy and water 
consumption.

* * * * *
    (j) * * *
    (1) * * *
    (i) When using appendix J (see the note at the beginning of 
appendix J),
    (A) When electrically heated water is used,

(N x (MET + HET + ETLP) x 
CKWH)

Where:

N = the representative average residential clothes washer use of 234 
cycles per year according to appendix J,
MET = the total weighted per-cycle machine electrical 
energy consumption, in

[[Page 33381]]

kilowatt-hours per cycle, determined according to section 4.1.6 of 
appendix J,
HET = the total weighted per-cycle hot water energy 
consumption using an electrical water heater, in kilowatt-hours per 
cycle, determined according to section 4.1.3 of appendix J,
ETLP = the per-cycle combined low-power mode energy 
consumption, in kilowatt-hours per cycle, determined according to 
section 4.6.2 of appendix J, and
CKWH = the representative average unit cost, in dollars 
per kilowatt-hour, as provided by the Secretary.

    (B) When gas-heated or oil-heated water is used,

(N x (((MET + ETLP) x CKWH) + 
(HETG x CBTU)))

Where:

N, MET, ETLP, and CKWH are defined 
in paragraph (j)(1)(i)(A) of this section,
HETG = the total per-cycle hot water energy consumption 
using gas-heated or oil-heated water, in Btu per cycle, determined 
according to section 4.1.4 of appendix J, and
CBTU = the representative average unit cost, in dollars 
per Btu for oil or gas, as appropriate, as provided by the 
Secretary.

    (ii) When using appendix J2 (see the note at the beginning of 
appendix J2),
    (A) When electrically heated water is used

(N2 x (ETE2 + ETLP2) x 
CKWH)

Where:

N2 = the representative average residential clothes 
washer use of 295 cycles per year according to appendix J2,
ETE2 = the total per-cycle energy consumption when 
electrically heated water is used, in kilowatt-hours per cycle, 
determined according to section 4.1.7 of appendix J2,
ETLP2 = the per-cycle combined low-power mode energy 
consumption, in kilowatt-hours per cycle, determined according to 
section 4.4 of appendix J2, and
CKWH = the representative average unit cost, in dollars 
per kilowatt-hour, as provided by the Secretary

    (B) When gas-heated or oil-heated water is used,

(N2 x (((MET2 + ETLP2) x 
CKWH) + (HETG2 x CBTU)))

Where:

N2, ETLP2, and CKWH are defined in 
paragraph (j)(1)(ii)(A) of this section,
MET2 = the total weighted per-cycle machine electrical 
energy consumption, in kilowatt-hours per cycle, determined 
according to section 4.1.6 of appendix J2,
HETG2 = the total per-cycle hot water energy consumption 
using gas-heated or oil-heated water, in Btu per cycle, determined 
according to section 4.1.4 of appendix J2, and
CBTU = the representative average unit cost, in dollars 
per Btu for oil or gas, as appropriate, as provided by the 
Secretary.

    (2) * * *
    (ii) The energy efficiency ratio for automatic and semi-automatic 
clothes washers is determined according to section 4.9 of appendix J 
(when using appendix J). The result shall be rounded to the nearest 
0.01 pound per kilowatt-hour per cycle.
    (3) * * *
    (i) When using appendix J, the product of the representative 
average-use of 234 cycles per year and the total weighted per-cycle 
water consumption in gallons per cycle determined according to section 
4.2.4 of appendix J.
* * * * *
    (4)(i) The integrated water factor must be determined according to 
section 4.2.12 of appendix J2, with the result rounded to the nearest 
0.1 gallons per cycle per cubic foot.
    (ii) The water efficiency ratio for automatic and semi-automatic 
clothes washers is determined according to section 4.7 of appendix J 
(when using appendix J). The result shall be rounded to the nearest 
0.01 pound per gallon per cycle.
    (5) Other useful measures of energy consumption for automatic or 
semi-automatic clothes washers shall be those measures of energy 
consumption that the Secretary determines are likely to assist 
consumers in making purchasing decisions and that are derived from the 
application of appendix J or appendix J2, as appropriate.
* * * * *

0
8. Add Appendix J to subpart B of part 430 to read as follows:

Appendix J to Subpart B of Part 430--Uniform Test Method for Measuring 
the Energy Consumption of Automatic and Semi-Automatic Clothes Washers

    Note:  Manufacturers must use the results of testing under 
Appendix J2 to determine compliance with the relevant standards for 
clothes washers from Sec.  430.32(g)(4) and from Sec.  431.156(b) as 
they appeared in January 1, 2022 edition of 10 CFR parts 200-499. 
Specifically, before November 28, 2022 representations must be based 
upon results generated either under Appendix J2 as codified on July 
1, 2022 or under Appendix J2 as it appeared in the 10 CFR parts 200-
499 edition revised as of January 1, 2022. Any representations made 
on or after November 28, 2022 but before the compliance date of any 
amended standards for clothes washers must be made based upon 
results generated using Appendix J2 as codified on July 1, 2022.
    Manufacturers must use the results of testing under this 
appendix to determine compliance with any amended standards for 
clothes washers provided in Sec.  430.32(g) and in Sec.  431.156 
that are published after January 1, 2022. Any representations 
related to energy or water consumption of residential or commercial 
clothes washers must be made in accordance with the appropriate 
appendix that applies (i.e., this appendix or Appendix J2) when 
determining compliance with the relevant standard. Manufacturers may 
also use this appendix to certify compliance with any amended 
standards prior to the applicable compliance date for those 
standards.

0. Incorporation by Reference

    DOE incorporated by reference in Sec.  430.3, the entire test 
standard for IEC 62301. However, only enumerated provisions of this 
standard are applicable to this appendix, as follows. In cases in 
which there is a conflict, the language of the test procedure in 
this appendix takes precedence over the referenced test standard.
    0.1 IEC 62301:
    (a) Section 4.2 as referenced in section 2.4 of this appendix;
    (b) Section 4.3.2 as referenced in section 2.1.2 of this 
appendix;
    (c) Section 4.4 as referenced in section 2.5.3 of this appendix;
    (d) Section 5.1 as referenced in section 3.5.2 of this appendix;
    (e) Section 5.2 as referenced in section 2.10.2 of this 
appendix; and
    (f) Section 5.3.2 as referenced in section 3.5.3 of this 
appendix.
    0.2 [Reserved]

1. Definitions

    Active mode means a mode in which the clothes washer is 
connected to a mains power source, has been activated, and is 
performing one or more of the main functions of washing, soaking, 
tumbling, agitating, rinsing, and/or removing water from the 
clothing, or is involved in functions necessary for these main 
functions, such as admitting water into the washer or pumping water 
out of the washer. Active mode also includes delay start and cycle 
finished modes.
    Active-mode energy efficiency ratio means the quotient of the 
weighted-average load size divided by the total clothes washer 
energy consumption per cycle, with such energy consumption expressed 
as the sum of the machine electrical energy consumption, the hot 
water energy consumption, and the energy required for removal of the 
remaining moisture in the wash load.
    Active washing mode means a mode in which the clothes washer is 
performing any of the operations included in a complete cycle 
intended for washing a clothing load, including the main functions 
of washing, soaking, tumbling, agitating, rinsing, and/or removing 
water from the clothing.
    Bone-dry means a condition of a load of test cloth that has been 
dried in a dryer at maximum temperature for a minimum of 10 minutes, 
removed and weighed before cool down, and then dried again for 10 
minute periods until the final weight change of the load is 1 
percent or less.
    Clothes container means the compartment within the clothes 
washer that holds the clothes during the operation of the machine.
    Cold rinse means the coldest rinse temperature available on the 
machine, as indicated to the user on the clothes washer control 
panel.

[[Page 33382]]

    Combined low-power mode means the aggregate of available modes 
other than active washing mode, including inactive mode, off mode, 
delay start mode, and cycle finished mode.
    Cycle finished mode means an active mode that provides 
continuous status display, intermittent tumbling, or air circulation 
following operation in active washing mode.
    Delay start mode means an active mode in which activation of 
active washing mode is facilitated by a timer.
    Energy efficiency ratio means the quotient of the weighted-
average load size divided by the total clothes washer energy 
consumption per cycle, with such energy consumption expressed as the 
sum of:
    (a) The machine electrical energy consumption;
    (b) The hot water energy consumption;
    (c) The energy required for removal of the remaining moisture in 
the wash load; and
    (d) The combined low-power mode energy consumption.
    Energy test cycle means the complete set of wash/rinse 
temperature selections required for testing, as determined according 
to section 2.12 of this appendix.
    Fixed water fill control system means a clothes washer water 
fill control system that automatically terminates the fill when the 
water reaches a pre-defined level that is not based on the size or 
weight of the clothes load placed in the clothes container, without 
allowing or requiring the user to determine or select the water fill 
level.
    Inactive mode means a standby mode that facilitates the 
activation of active mode by remote switch (including remote 
control), internal sensor, or timer, or that provides continuous 
status display.
    Load usage factor means the percentage of the total number of 
wash loads that a user would wash a particular size (weight) load.
    Lot means a quantity of cloth that has been manufactured with 
the same batches of cotton and polyester during one continuous 
process.
    Manual water fill control system means a clothes washer water 
fill control system that requires the user to determine or select 
the water fill level.
    Non-user-adjustable adaptive water fill control system means a 
clothes washer water fill control system that is capable of 
automatically adjusting the water fill level based on the size or 
weight of the clothes load placed in the clothes container.
    Normal cycle means 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 EER 
or AEER value.
    Off mode means a mode in which the clothes washer is connected 
to a mains power source and is not providing any active or standby 
mode function, and where the mode may persist for an indefinite 
time.
    Standby mode means any mode in which the clothes washer is 
connected to a mains power source and offers one or more of the 
following user oriented or protective functions that may persist for 
an indefinite time:
    (a) Facilitating the activation of other modes (including 
activation or deactivation of active mode) by remote switch 
(including remote control), internal sensor, or timer;
    (b) Continuous functions, including information or status 
displays (including clocks) or sensor-based functions.
    A timer is a continuous clock function (which may or may not be 
associated with a display) that provides regular scheduled tasks 
(e.g., switching) and that operates on a continuous basis.
    Temperature use factor means, for a particular wash/rinse 
temperature setting, the percentage of the total number of wash 
loads that an average user would wash with that setting.
    User-adjustable adaptive water fill control system means a 
clothes washer fill control system that allows the user to adjust 
the amount of water that the machine provides, which is based on the 
size or weight of the clothes load placed in the clothes container.
    Wash time means the wash portion of active washing mode, which 
begins when the cycle is initiated and includes the agitation or 
tumble time, which may be periodic or continuous during the wash 
portion of active washing mode.
    Water efficiency ratio means the quotient of the weighted-
average load size divided by the total weighted per-cycle water 
consumption for all wash cycles in gallons.

2. Testing Conditions and Instrumentation

    2.1 Electrical energy supply.
    2.1.1 Supply voltage and frequency. Maintain the electrical 
supply at the clothes washer terminal block within 2 percent of 120, 
120/240, or 120/208Y volts as applicable to the particular terminal 
block wiring system and within 2 percent of the nameplate frequency 
as specified by the manufacturer. If the clothes washer has a dual 
voltage conversion capability, conduct test at the highest voltage 
specified by the manufacturer.
    2.1.2 Supply voltage waveform. For the combined low-power mode 
testing, maintain the electrical supply voltage waveform indicated 
in Section 4, Paragraph 4.3.2 of IEC 62301. If the power measuring 
instrument used for testing is unable to measure and record the 
total harmonic content during the test measurement period, total 
harmonic content may be measured and recorded immediately before and 
after the test measurement period.
    2.2 Supply water. Maintain the temperature of the hot water 
supply at the water inlets between 120 [deg]F (48.9 [deg]C) and 125 
[deg]F (51.7 [deg]C), targeting the midpoint of the range. Maintain 
the temperature of the cold water supply at the water inlets between 
55 [deg]F (12.8 [deg]C) and 60 [deg]F (15.6 [deg]C), targeting the 
midpoint of the range.
    2.3 Water pressure. Maintain the static water pressure at the 
hot and cold water inlet connection of the clothes washer at 35 
pounds per square inch gauge (psig)  2.5 psig (241.3 kPa 
 17.2 kPa) when the water is flowing.
    2.4 Test room temperature. For all clothes washers, maintain the 
test room ambient air temperature at 75  5 [deg]F (23.9 
 2.8 [deg]C) for active mode testing and combined low-
power mode testing. Do not use the test room ambient air temperature 
conditions specified in Section 4, Paragraph 4.2 of IEC 62301 for 
combined low-power mode testing.
    2.5 Instrumentation. Perform all test measurements using the 
following instruments, as appropriate:
    2.5.1 Weighing scales.
    2.5.1.1 Weighing scale for test cloth. The scale used for 
weighing test cloth must have a resolution of no larger than 0.2 oz 
(5.7 g) and a maximum error no greater than 0.3 percent of the 
measured value.
    2.5.1.2 Weighing scale for clothes container capacity 
measurement. The scale used for performing the clothes container 
capacity measurement must have a resolution no larger than 0.50 lbs 
(0.23 kg) and a maximum error no greater than 0.5 percent of the 
measured value.
    2.5.2 Watt-hour meter. The watt-hour meter used to measure 
electrical energy consumption must have a resolution no larger than 
1 Wh (3.6 kJ) and a maximum error no greater than 2 percent of the 
measured value for any demand greater than 50 Wh (180.0 kJ).
    2.5.3 Watt meter. The watt meter used to measure combined low-
power mode power consumption must comply with the requirements 
specified in Section 4, Paragraph 4.4 of IEC 62301. If the power 
measuring instrument used for testing is unable to measure and 
record the crest factor, power factor, or maximum current ratio 
during the test measurement period, the crest factor, power factor, 
and maximum current ratio may be measured and recorded immediately 
before and after the test measurement period.
    2.5.4 Water and air temperature measuring devices. The 
temperature devices used to measure water and air temperature must 
have an error no greater than 1 [deg]F (0.6 
[deg]C) over the range being measured.
    2.5.4.1 Non-reversible temperature indicator labels, adhered to 
the inside of the clothes container, may be used to confirm that an 
extra-hot wash temperature greater than or equal to 140 [deg]F has 
been achieved during the wash cycle, under the following conditions. 
The label must remain waterproof, intact, and adhered to the wash 
drum throughout an entire wash cycle; provide consistent maximum 
temperature readings; and provide repeatable temperature indications 
sufficient to demonstrate that a wash temperature of greater than or 
equal to 140 [deg]F has been achieved. The label must have been 
verified to consistently indicate temperature measurements with an 
accuracy of 1 [deg]F. If using a temperature indicator 
label to test a front-loading clothes washer, adhere the label along 
the interior surface of the clothes container drum, midway between 
the front and the back of the drum, adjacent to one of the baffles. 
If using a temperature indicator label to test a top-loading clothes 
washer, adhere the label along the interior surface of the clothes 
container drum, on the

[[Page 33383]]

vertical portion of the sidewall, as close to the bottom of the 
container as possible.
    2.5.4.2 Submersible temperature loggers placed inside the wash 
drum may be used to confirm that an extra-hot wash temperature 
greater than or equal to 140 [deg]F has been achieved during the 
wash cycle, under the following conditions. The submersible 
temperature logger must have a time resolution of at least 1 data 
point every 5 seconds and a temperature measurement accuracy of 
1 [deg]F. Due to the potential for a waterproof capsule 
to provide a thermal insulating effect, failure to measure a 
temperature of 140 [deg]F does not necessarily indicate the lack of 
an extra-hot wash temperature. However, such a result would not be 
conclusive due to the lack of verification of the water temperature 
requirement, in which case an alternative method must be used to 
confirm that an extra-hot wash temperature greater than or equal to 
140 [deg]F has been achieved during the wash cycle.
    2.5.5 Water meter. A water meter must be installed in both the 
hot and cold water lines to measure water flow and/or water 
consumption. The water meters must have a resolution no larger than 
0.1 gallons (0.4 liters) and a maximum error no greater than 2 
percent for the water flow rates being measured. If the volume of 
hot water for any individual cycle within the energy test cycle is 
less than 0.1 gallons (0.4 liters), the hot water meter must have a 
resolution no larger than 0.01 gallons (0.04 liters).
    2.5.6 Water pressure gauge. A water pressure gauge must be 
installed in both the hot and cold water lines to measure water 
pressure. The water pressure gauges must have a resolution of 1 
pound per square inch gauge (psig) (6.9 kPa) and a maximum error no 
greater than 5 percent of any measured value.
    2.6 Bone-dryer. The dryer used for drying the cloth to bone-dry 
must heat the test cloth load above 210 [deg]F (99 [deg]C).
    2.7 Test cloths. The test cloth material and dimensions must 
conform to the specifications in appendix J3 to this subpart. The 
energy test cloth and the energy stuffer cloths must be clean and 
must not be used for more than 60 test runs (after preconditioning 
as specified in section 5 of appendix J3 to this subpart). All 
energy test cloth must be permanently marked identifying the lot 
number of the material. Mixed lots of material must not be used for 
testing a clothes washer. The moisture absorption and retention must 
be evaluated for each new lot of test cloth using the standard 
extractor Remaining Moisture Content (RMC) procedure specified in 
appendix J3 to this subpart.
    2.8 Test Loads.
    2.8.1 Test load sizes. Create small and large test loads as 
defined in Table 5.1 of this appendix based on the clothes container 
capacity as measured in section 3.1 of this appendix. Record the 
bone-dry weight for each test load.
    2.8.2 Test load composition. Test loads must consist primarily 
of energy test cloths and no more than five energy stuffer cloths 
per load to achieve the proper weight.
    2.9 Preparation and loading of test loads. Use the following 
procedures to prepare and load each test load for testing in section 
3 of this appendix.
    2.9.1 Test loads for energy and water consumption measurements 
must be bone-dry prior to the first cycle of the test, and dried to 
a maximum of 104 percent of bone-dry weight for subsequent testing.
    2.9.2 Prepare the energy test cloths for loading by grasping 
them in the center, lifting, and shaking them to hang loosely, as 
illustrated in Figure 2.9.2 of this appendix.
BILLING CODE 6450-01-P
[GRAPHIC] [TIFF OMITTED] TR01JN22.000

    For all clothes washers, follow any manufacturer loading 
instructions provided to the user regarding the placement of 
clothing within the clothes container. In the absence of any 
manufacturer instructions regarding the placement of clothing within 
the clothes container, the following loading instructions apply.
    2.9.2.1 To load the energy test cloths in a top-loading clothes 
washer, arrange the cloths circumferentially around the axis of 
rotation of the clothes container, using alternating lengthwise 
orientations for adjacent pieces of cloth. Complete each cloth layer 
across its horizontal plane within the clothes container before 
adding a new layer. Figure 2.9.2.1 of this appendix illustrates the 
correct loading technique for a vertical-axis clothes washer.

[[Page 33384]]

[GRAPHIC] [TIFF OMITTED] TR01JN22.001

    2.9.2.2 To load the energy test cloths in a front-loading 
clothes washer, grasp each test cloth in the center as indicted in 
section 2.9.2 of this appendix, and then place each cloth into the 
clothes container prior to activating the clothes washer.
    2.10 Clothes washer installation. Install the clothes washer in 
accordance with manufacturer's instructions.
    2.10.1 Water inlet connections. If the clothes washer has 2 
water inlets, connect the inlets to the hot water and cold water 
supplies, in accordance with the manufacturer's instructions. If the 
clothes washer has only 1 water inlet, connect the inlet to the cold 
water supply, in accordance with the manufacturer's instructions. 
Use the water inlet hoses provided with the clothes washer; 
otherwise use commercially available water inlet hoses, not to 
exceed 72 inches in length, in accordance with manufacturer's 
instructions.
    2.10.2 Low-power mode testing. For combined low-power mode 
testing, install the clothes washer in accordance with Section 5, 
Paragraph 5.2 of IEC 62301, disregarding the provisions regarding 
batteries and the determination, classification, and testing of 
relevant modes.
    2.11 Clothes washer pre-conditioning. If the clothes washer has 
not been filled with water in the preceding 96 hours, or if it has 
not been in the test room at the specified ambient conditions for 8 
hours, pre-condition it by running it through a cold rinse cycle and 
then draining it to ensure that the hose, pump, and sump are filled 
with water.
    2.12 Determining the energy test cycle.
    2.12.1 Automatic clothes washers. To determine the energy test 
cycle, evaluate the wash/rinse temperature selection flowcharts in 
the order in which they are presented in this section. Use the large 
load size to evaluate each flowchart. The determination of the 
energy test cycle must take into consideration all cycle settings 
available to the end user, including any cycle selections or cycle 
modifications provided by the manufacturer via software or firmware 
updates to the product, for the basic model under test. The energy 
test cycle does not include any cycle that is recommended by the 
manufacturer exclusively for cleaning, deodorizing, or sanitizing 
the clothes washer.
BILLING CODE 6450-01-P
[GRAPHIC] [TIFF OMITTED] TR01JN22.002


[[Page 33385]]


[GRAPHIC] [TIFF OMITTED] TR01JN22.003


[[Page 33386]]


[GRAPHIC] [TIFF OMITTED] TR01JN22.004


[[Page 33387]]


[GRAPHIC] [TIFF OMITTED] TR01JN22.005


[[Page 33388]]


[GRAPHIC] [TIFF OMITTED] TR01JN22.006

    2.12.2. Semi-automatic clothes washers. The energy test cycle 
for semi-automatic clothes washers includes only the Cold Wash/Cold 
Rinse (``Cold'') test cycle. Energy and water use for all other 
wash/rinse temperature combinations are calculated numerically in 
section 3.4.2 of this appendix.

3. Test Measurements

    3.1 Clothes container capacity. Measure the entire volume that a 
clothes load could occupy within the clothes container during active 
mode washer operation according to the following procedures:
    3.1.1 Place the clothes washer in such a position that the 
uppermost edge of the clothes container opening is leveled 
horizontally, so that the container will hold the maximum amount of 
water. For front-loading clothes washers, the door seal and shipping 
bolts or other forms of bracing hardware to support the wash drum 
during shipping must remain in place during the capacity 
measurement. If the design of a front-loading clothes washer does 
not include shipping bolts or other forms of bracing hardware to 
support the wash drum during shipping, a laboratory may support the 
wash drum by other means, including temporary bracing or support 
beams. Any temporary bracing or support beams must keep the wash 
drum in a fixed position, relative to the geometry of the door and 
door seal components, that is representative of the position of the 
wash drum during normal operation. The method used must avoid damage 
to the unit that would affect the results of the energy and water 
testing. For a front-loading clothes washer that does not include 
shipping bolts or other forms of bracing hardware to support the 
wash drum during shipping, the laboratory must fully document the 
alternative method used to support the wash drum during capacity 
measurement, include such documentation in the final test report, 
and pursuant to Sec.  429.71 of this chapter, the manufacturer must 
retain such documentation as part its test records.
    3.1.2 Line the inside of the clothes container with a 2 mil 
thickness (0.051 mm) plastic bag. All clothes washer components that 
occupy space within the clothes container and that are recommended 
for use during a wash cycle must be in place and must be lined with 
a 2 mil thickness (0.051 mm) plastic bag to prevent water from 
entering any void space.
    3.1.3 Record the total weight of the machine before adding 
water.
    3.1.4 Fill the clothes container manually with either 60 [deg]F 
 5 [deg]F (15.6 [deg]C  2.8 [deg]C) or 100 
[deg]F  10 [deg]F (37.8 [deg]C  5.5 [deg]C) 
water, with the door open. For a top-loading vertical-axis clothes 
washer, fill the clothes container to the uppermost edge of the 
rotating portion, including any balance ring. Figure 3.1.4.1 of this 
appendix illustrates the maximum fill level for top-loading clothes 
washers.

[[Page 33389]]

[GRAPHIC] [TIFF OMITTED] TR01JN22.007

    For a front-loading horizontal-axis clothes washer, fill the 
clothes container to the highest point of contact between the door 
and the door gasket. If any portion of the door or gasket would 
occupy the measured volume space when the door is closed, exclude 
from the measurement the volume that the door or gasket portion 
would occupy. For a front-loading horizontal-axis clothes washer 
with a concave door shape, include any additional volume above the 
plane defined by the highest point of contact between the door and 
the door gasket, if that area can be occupied by clothing during 
washer operation. For a top-loading horizontal-axis clothes washer, 
include any additional volume above the plane of the door hinge that 
clothing could occupy during washer operation. Figure 3.1.4.2 of 
this appendix illustrates the maximum fill volumes for all 
horizontal-axis clothes washer types.
[GRAPHIC] [TIFF OMITTED] TR01JN22.008

BILLING CODE 6450-01-C
    For all clothes washers, exclude any volume that cannot be 
occupied by the clothing load during operation.
    3.1.5 Measure and record the weight of water, W, in pounds.
    3.1.6 Calculate the clothes container capacity as follows:

C = W/d

Where:

C = Capacity in cubic feet (liters).
W = Mass of water in pounds (kilograms).
d = Density of water (62.0 lbs/ft\3\ for 100 [deg]F (993 kg/m\3\ for 
37.8 [deg]C) or 62.3 lbs/ft\3\ for 60 [deg]F (998 kg/m\3\ for 15.6 
[deg]C)).

    3.1.7 Calculate the clothes container capacity, C, to the 
nearest 0.01 cubic foot for the purpose of determining test load 
sizes per Table 5.1 of this appendix and for all subsequent 
calculations that include the clothes container capacity.
    3.2 Cycle settings.
    3.2.1 Wash/rinse temperature selection. For automatic clothes 
washers, set the wash/rinse temperature selection control to obtain 
the desired wash/rinse temperature selection within the energy test 
cycle.
    3.2.2 Wash time setting.
    3.2.2.1 If the cycle under test offers a range of wash time 
settings, the wash time setting shall be the higher of either the 
minimum or 70 percent of the maximum wash time available for the 
wash cycle under test, regardless of the labeling of suggested dial 
locations. If 70 percent of the maximum wash time is not available 
on a dial with a discrete number of wash time settings, choose the 
next-highest setting greater than 70 percent.
    3.2.2.2 If the clothes washer is equipped with an 
electromechanical dial or timer controlling wash time that rotates 
in both directions, reset the dial to the minimum wash time and then 
turn it in the direction of increasing wash time to reach the 
appropriate setting. If the appropriate setting is passed, return 
the dial to the minimum wash time and then turn in the direction of 
increasing wash time until the appropriate setting is reached.
    3.2.3 Water fill level settings. The water fill level settings 
depend on the clothes washer's water fill control system, as 
determined in Table 3.2.3.

         Table 3.2.3--Clothes Washer Water Fill Control Settings
------------------------------------------------------------------------
                                  Settings are user-   Settings are not
                                      adjustable        user-adjustable
------------------------------------------------------------------------
Water fill level unaffected by    Manual water fill.  Fixed water fill.
 the size or weight of the
 clothing load.
Water fill level is determined    User-adjustable     Non-user-
 automatically by the clothes      adaptive water      adjustable
 washer based on the size and      fill.               adaptive water
 weight of the clothing load.                          fill.
------------------------------------------------------------------------


[[Page 33390]]

    3.2.3.1 Clothes washers with a manual water fill control system. 
For the large test load size, set the water fill level selector to 
the maximum water fill level setting available for the wash cycle 
under test. If the water fill level selector has two settings 
available for the wash cycle under test, for the small test load 
size, select the minimum water fill level setting available for the 
wash cycle under test.
    If the water fill level selector has more than two settings 
available for the wash cycle under test, for the small test load 
size, select the second-lowest water fill level setting.
    3.2.3.2 Clothes washers with a fixed water fill control system. 
The water level is automatically determined by the water fill 
control system.
    3.2.3.3 Clothes washers with a user-adjustable adaptive water 
fill control system. For the large test load size, set the water 
fill selector to the setting that uses the most water. For the small 
test load size, set the water fill selector to the setting that uses 
the least water.
    3.2.3.4 Clothes washers with a non-user-adjustable adaptive 
water fill control system. The water level is automatically 
determined by the water fill control system.
    3.2.3.5 Clothes washers with multiple water fill control 
systems. If a clothes washer allows user selection among multiple 
water fill control systems, test all water fill control systems and, 
for each one, calculate the energy consumption (HET, 
MET, and DET) and water consumption 
(QT) values as set forth in section 4 of this appendix. 
Then, calculate the average of the tested values (one from each 
water fill control system) for each variable (HET, 
MET, DET, and QT) and use the 
average value for each variable in the final calculations in section 
4 of this appendix.
    3.2.4 Manufacturer default settings. For clothes washers with 
electronic control systems, use the manufacturer default settings 
for any cycle selections, except for (1) the temperature selection, 
(2) the wash water fill levels, or (3) network settings. If the 
clothes washer has network capabilities, the network settings must 
be disabled throughout testing if such settings can be disabled by 
the end-user and the product's user manual provides instructions on 
how to do so. For all other cycle selections, the manufacturer 
default settings must be used for wash conditions such as agitation/
tumble operation, soil level, spin speed, wash times, rinse times, 
optional rinse settings, water heating time for water heating 
clothes washers, and all other wash parameters or optional features 
applicable to that wash cycle. Any optional wash cycle feature or 
setting (other than wash/rinse temperature, water fill level 
selection, or network settings on clothes washers with network 
capabilities) that is activated by default on the wash cycle under 
test must be included for testing unless the manufacturer 
instructions recommend not selecting this option, or recommend 
selecting a different option, for washing normally soiled cotton 
clothing. For clothes washers with control panels containing 
mechanical switches or dials, any optional settings, except for the 
temperature selection or the wash water fill levels, must be in the 
position recommended by the manufacturer for washing normally soiled 
cotton clothing. If the manufacturer instructions do not recommend a 
particular switch or dial position to be used for washing normally 
soiled cotton clothing, the setting switch or dial must remain in 
its as-shipped position.
    3.2.5 For each wash cycle tested, include the entire active 
washing mode and exclude any delay start or cycle finished modes.
    3.2.6 Anomalous Test Cycles. If during a wash cycle the clothes 
washer: (a) Signals to the user by means of a visual or audio alert 
that an out-of-balance condition has been detected; or (b) 
terminates prematurely and thus does not include the agitation/
tumble operation, spin speed(s), wash times, and rinse times 
applicable to the wash cycle under test, discard the test data and 
repeat the wash cycle. Document in the test report the rejection of 
data from any wash cycle during testing and the reason for the 
rejection.
    3.3 Test cycles for automatic clothes washers. Perform testing 
on each wash/rinse temperature selection available in the energy 
test cycle was defined in section 2.12.1 of this appendix. Test each 
load size as defined in section 2.8 of this appendix with its 
associated water fill level defined in section 3.2.3 of this 
appendix. Assign the bone-dry weight according to the value measured 
in section 2.8 of this appendix. Place the test load in the clothes 
washer and initiate the cycle under test. Measure the values for hot 
water consumption, cold water consumption, electrical energy 
consumption, and cycle time for the complete cycle. Record the 
weight of the test load immediately after completion of the cycle. 
Table 3.3 of this appendix provides the symbol definitions for each 
measured value.

                                                    Table 3.3--Symbol Definitions of Measured Values for Automatic Clothes Washer Test Cycles
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
     Wash/rinse temperature
           selection                   Load size           Bone-dry weight           Hot water              Cold water         Electrical energy          Cycle time       Cycle complete weight
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Extra-Hot/Cold.................  Large................  WIxL.................  HxL..................  CxL..................  ExL..................  TxL..................  WCxL
                                 Small................  WIxS.................  HxS..................  CxS..................  ExS..................  TxS..................  WCxS
Hot/Cold.......................  Large................  WIhL.................  HhL..................  ChL..................  EhL..................  ThL..................  WChL
                                 Small................  WIhS.................  HhS..................  ChS..................  EhS..................  ThS..................  WChS
Warm/Cold *....................  Large................  WIwL.................  HwL..................  CwL..................  EwL..................  TwL..................  WCwL
                                 Small................  WIwS.................  HwS..................  CwS..................  EwS..................  TwS..................  WCwS
Warm/Warm *....................  Large................  WIwwL................  HwwL.................  CwwL.................  EwwL.................  TwwL.................  WCwwL
                                 Small................  WIwwS................  HwwS.................  CwwS.................  EwwS.................  TwwS.................  WCwwS
Cold/Cold......................  Large................  WIcL.................  HcL..................  CcL..................  EcL..................  TcL..................  WCcL
                                 Small................  WIcS.................  HcS..................  CcS..................  EcS..................  TcS..................  WCcS
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* If two cycles are tested to represent the Warm/Cold selection or the Warm/Warm selection, calculate the average of the two tested cycles and use that value for all further calculations.

    3.4 Test cycles for semi-automatic clothes washers.
    3.4.1 Test Measurements. Perform testing on each wash/rinse 
temperature selection available in the energy test cycle as defined 
in section 2.12.2 of this appendix. Test each load size as defined 
in section 2.8 of this appendix with the associated water fill level 
defined in section 3.2.3 of this appendix. Assign the bone-dry 
weight according to the value measured in section 2.8 of this 
appendix. Place the test load in the clothes washer and initiate the 
cycle under test. Measure the values for cold water consumption, 
electrical energy consumption, and cycle time for the complete 
cycle. Record the weight of the test load immediately after 
completion of the cycle. Table 3.4.1 of this appendix provides 
symbol definitions for each measured value for the Cold temperature 
selection.

                                                Table 3.4.1--Symbol Definitions of Measured Values for Semi-Automatic Clothes Washer Test Cycles
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
     Temperature selection             Load size           Bone-dry weight           Hot water              Cold water         Electrical energy          Cycle time       Cycle complete weight
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Cold...........................  Large................  WIcL.................  not measured.........  CcL..................  EcL..................  TcL..................  WCcL

[[Page 33391]]

 
                                 Small................  WIcS.................  not measured.........  CcS..................  EcS..................  TcS..................  WCcS
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

    3.4.2 Calculation of Hot and Warm measured values. In lieu of 
testing, the measured values for the Hot and Warm cycles are 
calculated based on the measured values for the Cold cycle, as 
defined in section 3.4.1 of this appendix. Table 3.4.2 of this 
appendix provides the symbol definitions and calculations for each 
value for the Hot and Warm temperature selections.

                                        Table 3.4.2--Symbol Definitions and Calculation of Measured Values for Semi-Automatic Clothes Washer Test Cycles
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
     Temperature selection             Load Size           Bone-Dry weight           Hot water              Cold water         Electrical energy          Cycle time       Cycle complete weight
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Hot............................  Large................  WIhL = WIcL..........  HhL = CcL............  .....................  EhL = EcL............  ThL = TcL............  WChL = WCcL
                                 Small................  WIhS = WIcS..........  HhS = CcS............  .....................  EhS = EcS............  ThS = TcS............  WChS = WCcS
Warm...........................  Large................  WIwL = WIcL..........  HwL = CcL / 2........  CwL = CcL / 2........  EwL = EcL............  TwL = TcL............  WCwL = WCcL
                                 Small................  WIwS = WIcS..........  HwS = CcS / 2........  CwS = CcS / 2........  EwS = EcS............  TwS = TcS............  WCwS = WCcS
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

    3.5 Combined low-power mode power. Connect the clothes washer to 
a watt meter as specified in section 2.5.3 of this appendix. 
Establish the testing conditions set forth in sections 2.1, 2.4, and 
2.10.2 of this appendix.
    3.5.1 Perform combined low-power mode testing after completion 
of an active mode wash cycle included as part of the energy test 
cycle; after removing the test load; without changing the control 
panel settings used for the active mode wash cycle; with the door 
closed; and without disconnecting the electrical energy supply to 
the clothes washer between completion of the active mode wash cycle 
and the start of combined low-power mode testing.
    3.5.2 For a clothes washer that takes some time to automatically 
enter a stable inactive mode or off mode state from a higher power 
state as discussed in Section 5, Paragraph 5.1, note 1 of IEC 62301, 
allow sufficient time for the clothes washer to automatically reach 
the default inactive/off mode state before proceeding with the test 
measurement.
    3.5.3 Once the stable inactive/off mode state has been reached, 
measure and record the default inactive/off mode power, 
Pdefault, in watts, following the test procedure for the 
sampling method specified in Section 5, Paragraph 5.3.2 of IEC 
62301.
    3.5.4 For a clothes washer with a switch, dial, or button that 
can be optionally selected by the end user to achieve a lower-power 
inactive/off mode state than the default inactive/off mode state 
measured in section 3.5.3 of this appendix, after performing the 
measurement in section 3.5.3 of this appendix, activate the switch, 
dial, or button to the position resulting in the lowest power 
consumption and repeat the measurement procedure described in 
section 3.5.3 of this appendix. Measure and record the lowest-power 
inactive/off mode power, Plowest, in Watts.
    3.6 Energy consumption for the purpose of determining the cycle 
selection(s) to be included in the energy test cycle. This section 
is implemented only in cases where the energy test cycle flowcharts 
in section 2.12.1 of this appendix require the determination of the 
wash/rinse temperature selection with the highest energy 
consumption.
    3.6.1 For the wash/rinse temperature selection being considered 
under this section, establish the testing conditions set forth in 
section 2 of this appendix. Select the applicable cycle selection 
and wash/rinse temperature selection. For all wash/rinse temperature 
selections, select the cycle settings as described in section 3.2 of 
this appendix.
    3.6.2 Measure each wash cycle's electrical energy consumption 
(EL) and hot water consumption (HL). Calculate 
the total energy consumption for each cycle selection 
(ETL), as follows:

ETL = EL + (HL x T x K)

Where:

EL is the electrical energy consumption, expressed in 
kilowatt-hours per cycle.
HL is the hot water consumption, expressed in gallons per 
cycle.
T = nominal temperature rise = 65 [deg]F (36.1 [deg]C).
K = Water specific heat in kilowatt-hours per gallon per degree F = 
0.00240 kWh/gal - [deg]F (0.00114 kWh/L - [deg]C).

4. Calculation of Derived Results From Test Measurements

    4.1 Hot water and machine electrical energy consumption of 
clothes washers.
    4.1.1 Per-cycle temperature-weighted hot water consumption for 
all load sizes tested. Calculate the per-cycle temperature-weighted 
hot water consumption for the large test load size, VhL, 
and the small test load size, VhS, expressed in gallons 
per cycle (or liters per cycle) and defined as:

(a) VhL = [HxL x TUFx] + 
[HhL x TUFh] + [HwL x 
TUFw] + [HwwL x TUFww] + 
[HcL x TUFc]
(b) VhS = [HxS x TUFx] + 
[HhS x TUFh] + [HwS x 
TUFw] + [HwwS x TUFww] + 
[HcS x TUFc]

Where:

    HxL, HhL, HwL, HwwL, 
HcL, HxS, HhS, HwS, 
HwwS, and HcS are the hot water consumption 
values, in gallons per-cycle (or liters per cycle) as measured in 
section 3.3 of this appendix for automatic clothes washers or 
section 3.4 of this appendix for semi-automatic clothes washers.
    TUFx, TUFh, TUFw, 
TUFww, and TUFc are temperature use factors 
for Extra-Hot Wash/Cold Rinse, Hot Wash/Cold Rinse, Warm Wash/Cold 
Rinse, Warm Wash/Warm Rinse, and Cold Wash/Cold Rinse temperature 
selections, respectively, as defined in Table 4.1.1 of this 
appendix.

[[Page 33392]]



                                                          Table 4.1.1--Temperature Use Factors
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Clothes washers with cold rinse only                 Clothes washers with both cold and
                                                 -----------------------------------------------------------------               warm rinse
 Wash/rinse temperature selections available in                                                                   --------------------------------------
              the energy test cycle                   C/C        H/C C/C    H/C W/C C/C  XH/C H/C C/  XH/C H/C W/  H/C W/C W/W  XH/C H/C W/  XH/C H/C W/
                                                                                 *            C          C C/C         C/C         W C/C      C W/W C/C
--------------------------------------------------------------------------------------------------------------------------------------------------------
TUFx (Extra-Hot/Cold)...........................  ...........  ...........  ...........         0.14         0.05  ...........         0.14         0.05
TUFh (Hot/Cold).................................  ...........         0.63         0.14      ** 0.49         0.09         0.14      ** 0.22         0.09
TUFw (Warm/Cold)................................  ...........  ...........         0.49  ...........         0.49         0.22  ...........         0.22
TUFww (Warm/Warm)...............................  ...........  ...........  ...........  ...........  ...........         0.27         0.27         0.27
TUFc (Cold/Cold)................................         1.00         0.37         0.37         0.37         0.37         0.37         0.37         0.37
--------------------------------------------------------------------------------------------------------------------------------------------------------
* This column applies to all semi-automatic clothes washers.
** On clothes washers with only two wash temperature selections <140 [deg]F, the higher of the two wash temperatures is classified as a Hot Wash/Cold
  Rinse, in accordance with the wash/rinse temperature definitions within the energy test cycle.

    4.1.2 Total per-cycle hot water energy consumption for all load 
sizes tested. Calculate the total per-cycle hot water energy 
consumption for the large test load size, HEL, and the 
small test load size, HES, expressed in kilowatt-hours 
per cycle and defined as:

(a) HEL = [VhL x T x K] = Total energy when 
the large test load is tested.
(b) HES = [VhS x T x K] = Total energy when 
the small test load is tested.

Where:

VhL and VhS are defined in section 4.1.1 of 
this appendix.
T = Temperature rise = 65 [deg]F (36.1 [deg]C).
K = Water specific heat in kilowatt-hours per gallon per degree F = 
0.00240 kWh/gal - [deg]F (0.00114 kWh/L - [deg]C).

    4.1.3 Total weighted per-cycle hot water energy consumption. 
Calculate the total weighted per-cycle hot water energy consumption, 
HET, expressed in kilowatt-hours per cycle and defined 
as:

HET = [HEL x LUFL] + 
[HES x LUFS]

Where:

HEL and HES are defined in section 4.1.2 of 
this appendix.
LUFL = Load usage factor for the large test load = 0.5.
LUFS = Load usage factor for the small test load = 0.5.

    4.1.4 Total per-cycle hot water energy consumption using gas-
heated or oil-heated water, for product labeling requirements. 
Calculate for the energy test cycle the per-cycle hot water 
consumption, HETG, using gas-heated or oil-heated water, 
expressed in Btu per cycle (or megajoules per cycle) and defined as:

HETG = HET x 1/e x 3412 Btu/kWh or 
HETG = HET x 1/e x 3.6 MJ/kWh.
Where:

e = Nominal gas or oil water heater efficiency = 0.75.
HET = As defined in section 4.1.3 of this appendix.

    4.1.5 Per-cycle machine electrical energy consumption for all 
load sizes tested. Calculate the total per-cycle machine electrical 
energy consumption for the large test load size, MEL, and 
the small test load size, MES, expressed in kilowatt-
hours per cycle and defined as:

(a) MEL = [ExL x TUFx] + 
[EhL x TUFh] + [EwL x 
TUFw] + [EwwL x TUFww] + 
[EcL x TUFc]
(b) MES = [ExS x TUFx] + 
[EhS x TUFh] + [EwS x 
TUFw] + [EwwS x TUFww] + 
[EcS x TUFc]

Where:

ExL, EhL, EwL, EwwL, 
EcL, ExS, EhS, EwS, 
EwwS, and EcS are the electrical energy 
consumption values, in kilowatt-hours per cycle as measured in 
section 3.3 of this appendix for automatic clothes washers or 
section 3.4 of this appendix for semi-automatic clothes washers.
TUFx, TUFh, TUFw, TUFww, 
and TUFc are defined in Table 4.1.1 of this appendix.

    4.1.6 Total weighted per-cycle machine electrical energy 
consumption. Calculate the total weighted per-cycle machine 
electrical energy consumption, MET, expressed in 
kilowatt-hours per cycle and defined as:

MET = [MEL x LUFL] + 
[MES x LUFS]

Where:

MEL and MES are defined in section 4.1.5 of 
this appendix.
LUFL and LUFS are defined in section 4.1.3 of 
this appendix.

    4.2 Water consumption of clothes washers.
    4.2.1 Per cycle total water consumption for each large load size 
tested. Calculate the per-cycle total water consumption of the large 
test load for the Extra-Hot Wash/Cold Rinse cycle, QxL, 
Hot Wash/Cold Rinse cycle, QhL, Warm Wash/Cold Rinse 
cycle, QwL, Warm Wash/Warm Rinse cycle, QwwL, 
and Cold Wash/Cold Rinse cycle, QcL, defined as:

(a) QxL = HxL + CxL
(b) QhL = HhL + ChL
(c) QwL = HwL + CwL
(d) QwwL = HwwL + CwwL
(e) QcL = HcL + CcL

Where:

HxL, HhL, HwL, HwwL, 
HcL, CxL, ChL, CwL, 
CwwL, and CcL are defined in section 3.3 of 
this appendix for automatic clothes washers or section 3.4 of this 
appendix for semi-automatic clothes washers.

    4.2.2 Per cycle total water consumption for each small load size 
tested. Calculate the per-cycle total water consumption of the small 
test load for the Extra-Hot Wash/Cold Rinse cycle, QxS, 
Hot Wash/Cold Rinse cycle, QhS, Warm Wash/Cold Rinse 
cycle, QwS, Warm Wash/Warm Rinse cycle, QwwS, 
and Cold Wash/Cold Rinse cycle, QcS, defined as:

(a) QxS = HxS + CxS
(b) QhS = HhS + ChS
(c) QwS = HwS + CwS
(d) QwwS = HwwS + CwwS
(e) QcS = HcS + CcS

Where:

HxS, HhS, HwS, HwwS, 
HcS, CxS, ChS, CwS, 
CwwS, and CcS are defined in section 3.3 of 
this appendix for automatic clothes washers or section 3.4 of this 
appendix for semi-automatic clothes washers.

    4.2.3 Per-cycle total water consumption for all load sizes 
tested. Calculate the total per-cycle water consumption for the 
large test load size, QL, and the small test load size, 
QS, expressed in gallons per cycle (or liters per cycle) 
and defined as:

(a) QL = [QxL x TUFx] + [QhL x 
TUFh] + [QwL x TUFw] + [QwwL x TUFww] + 
[QcL x TUFc]
(b) QS = [QxS x TUFx] + [QhS x 
TUFh] + [QwS x TUFw] + [QwwS x TUFww] + 
[QcS x TUFc]

Where:

QxL, QhL, QwL, QwwL, and 
QcL are defined in section 4.2.1 of this appendix.

QxS, QhS, QwS, QwwS, and 
QcS are defined in section 4.2.2 of this appendix.

TUFx, TUFh, TUFw, TUFww, and TUFc are defined in Table 4.1.1 of this 
appendix.

    4.2.4 Total weighted per-cycle water consumption. Calculate the 
total per-cycle water consumption, QT, expressed in 
gallons per cycle (or liters per cycle) and defined as:

QT = [QL x LUFL] + [QS x 
LUFS]

Where:

QL and QS are defined in section 4.2.3 of this 
appendix.

LUFL and LUFS are defined in section 4.1.3 of 
this appendix.

    4.3 Remaining moisture content (RMC).
    4.3.1 Per cycle remaining moisture content for each large load 
size tested. Calculate the per-cycle remaining moisture content of 
the large test load for the Extra-Hot Wash/Cold Rinse cycle, 
RMCxL, Hot Wash/Cold Rinse cycle, RMChL, Warm 
Wash/Cold Rinse cycle, RMCwL, Warm Wash/Warm Rinse cycle, 
RMCwwL, and Cold Wash/Cold Rinse cycle, RMCcL, 
defined as:

(a) RMCxL = (WCxL - WIxL)/
WIxL
(b) RMChL = (WChL - WIhL)/
WIhL
(c) RMCwL = (WCwL - WIwL)/
WIwL
(d) RMCwwL = (WCwwL - WIwwL)/
WIwwL
(e) RMCcL = (WCcL - WIcL)/
WIcL

Where:


[[Page 33393]]


WCxL, WChL, WCwL, WCwwL, 
WCcL, WIxL, WIhL, WIwL, 
WIwwL, and WIcL are the bone-dry weights and 
cycle completion weights as measured in section 3.3 of this appendix 
for automatic clothes washers or section 3.4 of this appendix for 
semi-automatic clothes washers.
    4.3.2 Per cycle remaining moisture content for each small load 
size tested. Calculate the per-cycle remaining moisture content of 
the small test load for the Extra-Hot Wash/Cold Rinse cycle, 
RMCxS, Hot Wash/Cold Rinse cycle, RMChS, Warm 
Wash/Cold Rinse cycle, RMCwS, Warm Wash/Warm Rinse cycle, 
RMCwwS, and Cold Wash/Cold Rinse cycle, RMCcS, 
defined as:

(a) RMCxS = (WCxS--WIxS)/
WIxS
(b) RMChS = (WChS--WIhS)/
WIhS
(c) RMCwS = (WCwS--WIwS)/
WIwS
(d) RMCwwS = (WCwwS--WIwwS)/
WIwwS
(e) RMCcS = (WCcS--WIcS)/
WIcS

Where:

WCxS, WChS, WCwS, WCwwS, 
WCcS, WIxS, WIhS, WIwS, 
WIwwS, and WIcS are the bone-dry weights and 
cycle completion weights as measured in section 3.3 of this appendix 
for automatic clothes washers or section 3.4 of this appendix for 
semi-automatic clothes washers.
    4.3.3 Per-cycle remaining moisture content for all load sizes 
tested. Calculate the per-cycle temperature-weighted remaining 
moisture content for the large test load size, RMCL, and 
the small test load size, RMCS, defined as:

(a) RMCL = [RMCxL x TUFx] + 
[RMChL x TUFh] + [RMCwL x 
TUFw] + [RMCwwL x TUFww] + 
[RMCcL x TUFc]
(b) RMCS = [RMCxS x TUFx] + 
[RMChS x TUFh] + [RMCwS x 
TUFw] + [RMCwwS x TUFww] + 
[RMCcS x TUFc]

Where:

RMCxL, RMChL, RMCwL, 
RMCwwL, and RMCcL are defined in section 4.3.1 
of this appendix.
RMCxS, RMChS, RMCwS, 
RMCwwS, and RMCcS are defined in section 4.3.2 
of this appendix.
TUFx, TUFh, TUFw, TUFww, 
and TUFc are defined in Table 4.1.1 of this appendix.

    4.3.4 Weighted per-cycle remaining moisture content. Calculate 
the weighted per-cycle remaining moisture content, RMCT, 
defined as:

RMCT = [RMCL x LUFL] + 
[RMCS x LUFS]

Where:

RMCL and RMCS are defined in section 4.3.3 of 
this appendix.
LUFL and LUFS are defined in section 4.1.3 of 
this appendix.

    4.3.5 Apply the RMC correction curve as described in section 9 
of appendix J3 to this subpart to calculate the corrected remaining 
moisture content, RMCcorr, expressed as a percentage as 
follows:

RMCcorr = (A x RMCT + B) x 100%

Where:

A and B are the coefficients of the RMC correction curve as defined 
in section 8.7 of appendix J3 to this subpart.
RMCT = As defined in section 4.3.4 of this appendix.

    4.4 Per-cycle energy consumption for removal of moisture from 
test load. Calculate the per-cycle energy required to remove the 
remaining moisture of the test load, DET, expressed in 
kilowatt-hours per cycle and defined as:

DET = [(LUFL x Large test load weight) + 
(LUFS x Small test load weight)] x (RMCcorr-
2%) x (DEF) x (DUF)

Where:

LUFL and LUFS are defined in section 4.1.3 of 
this appendix.
Large and small test load weights are defined in Table 5.1 of this 
appendix.
RMCcorr = As defined in section 4.3.5 of this appendix.
DEF = Nominal energy required for a clothes dryer to remove moisture 
from clothes = 0.5 kWh/lb (1.1 kWh/kg).
DUF = Dryer usage factor, percentage of washer loads dried in a 
clothes dryer = 0.91.

    4.5 Cycle time.
    4.5.1 Per-cycle temperature-weighted cycle time for all load 
sizes tested. Calculate the per-cycle temperature-weighted cycle 
time for the large test load size, TL, and the small test 
load size, TS, expressed in minutes, and defined as:

(a) TL = [TxL x TUFx] + 
[ThL x TUFh] + [TwL x 
TUFw] + [TwwL x TUFww] + 
[TcL x TUFc]
(b) TS = [TxS x TUFx] + 
[ThS x TUFh] + [TwS x 
TUFw] + [TwwS x TUFww] + 
[TcS x TUFc]

Where:

TxL, ThL, TwL, TwwL, 
TcL, TxS, ThS, TwS, 
TwwS, and TcS are the cycle time values, in 
minutes as measured in section 3.3 of this appendix for automatic 
clothes washers or section 3.4 of this appendix for semi-automatic 
clothes washers.
TUFx, TUFh, TUFw, TUFww, 
and TUFc are temperature use factors for Extra-Hot Wash/
Cold Rinse, Hot Wash/Cold Rinse, Warm Wash/Cold Rinse, Warm Wash/
Warm Rinse, and Cold Wash/Cold Rinse temperature selections, 
respectively, as defined in Table 4.1.1 of this appendix.

    4.5.2 Total weighted per-cycle cycle time. Calculate the total 
weighted per-cycle cycle time, TT, expressed in minutes, 
rounded to the nearest minute, and defined as:

TT = [TL x LUFL] + [TS x 
LUFS]

Where:

TL and TS are defined in section 4.5.1 of this 
appendix.
LUFL and LUFS are defined in section 4.1.3 of 
this appendix.

    4.6 Combined low-power mode energy consumption.
    4.6.1 Annual hours in default inactive/off mode. Calculate the 
annual hours spent in default inactive/off mode, 
Sdefault, expressed in hours and defined as:

Sdefault = [8,760-(234 x TT/60)]/N

Where:

TT = As defined in section 4.5.2 of this appendix, in 
minutes.
N = Number of inactive/off modes, defined as 1 if no optional 
lowest-power inactive/off mode is available; otherwise 2.
8,760 = Total number of hours in a year.
234 = Representative average number of clothes washer cycles in a 
year.
60 = Conversion from minutes to hours.

    4.6.2 Per-cycle combined low-power mode energy consumption. 
Calculate the per-cycle combined low-power mode energy consumption, 
ETLP, expressed in kilowatt-hours per cycle and defined 
as:

ETLP = [(Pdefault x Sdefault) + 
(Plowest x Slowest)] x Kp/234

Where:

Pdefault = Default inactive/off mode power, in watts, as 
measured in section 3.5.3 of this appendix.
Plowest = Lowest-power inactive/off mode power, in watts, 
as measured in section 3.5.4 of this appendix for clothes washers 
with a switch, dial, or button that can be optionally selected by 
the end user to achieve a lower-power inactive/off mode than the 
default inactive/off mode; otherwise, Plowest = 0.
Sdefault = Annual hours in default inactive/off mode, as 
calculated in section 4.6.1 of this appendix.
Slowest = Annual hours in lowest-power inactive/off mode, 
defined as 0 if no optional lowest-power inactive/off mode is 
available; otherwise equal to Sdefault, as calculated in 
section 4.6.1 of this appendix.
Kp = Conversion factor of watt-hours to kilowatt-hours = 
0.001.
234 = Representative average number of clothes washer cycles in a 
year.

    4.7 Water efficiency ratio. Calculate the water efficiency 
ratio, WER, expressed in pounds per gallon per cycle (or kilograms 
per liter per cycle), as:

WER = [(LUFL x Large test load weight) + (LUFS 
x Small test load weight)]/QT

Where:

LUFL and LUFS are defined in section 4.1.3 of 
this appendix.
Large and small test load weights are defined in Table 5.1 of this 
appendix.
QT = As defined in section 4.2.4 of this appendix.
    4.8 Active-mode energy efficiency ratio. Calculate the active-
mode energy efficiency ratio, AEER, expressed in pounds per 
kilowatt-hour per cycle (or kilograms per kilowatt-hour per cycle) 
and defined as:

AEER = [(LUFL x Large test load weight) + 
(LUFS x Small test load weight)]/(MET + 
HET + DET)

Where:

LUFL and LUFS are defined in section 4.1.3 of 
this appendix.

Large and small test load weights are defined in Table 5.1 of this 
appendix.
MET = As defined in section 4.1.6 of this appendix.
HET = As defined in section 4.1.3 of this appendix.
DET = As defined in section 4.4 of this appendix.

    4.9 Energy efficiency ratio. Calculate the energy efficiency 
ratio, EER, expressed in pounds per kilowatt-hour per cycle (or 
kilograms per kilowatt-hour per cycle) and defined as:

EER = [(LUFL x Large test load weight) + (LUFS 
x Small test load weight)]/(MET + HET + 
DET + ETLP)


[[Page 33394]]


Where:

LUFL and LUFS are defined in section 4.1.3 of 
this appendix.
Large and small test load weights are defined in Table 5.1 of this 
appendix.
MET = As defined in section 4.1.6 of this appendix.
HET = As defined in section 4.1.3 of this appendix.
DET = As defined in section 4.4 of this appendix.
ETLP = As defined in section 4.6.2 of this appendix.

5. Test Loads

                                           Table 5.1--Test Load Sizes
----------------------------------------------------------------------------------------------------------------
                Container volume                            Small load                      Large load
----------------------------------------------------------------------------------------------------------------
            cu. ft.                   liter
-------------------------------------------------       lb              kg              lb              kg
             >= <                     >= <
----------------------------------------------------------------------------------------------------------------
0.00-0.80.....................  0.00-22.7.......            3.00            1.36            3.00            1.36
0.80-0.90.....................  22.7-25.5.......            3.10            1.41            3.35            1.52
0.90-1.00.....................  25.5-28.3.......            3.20            1.45            3.70            1.68
1.00-1.10.....................  28.3-31.1.......            3.30            1.50            4.00            1.81
1.10-1.20.....................  31.1-34.0.......            3.40            1.54            4.30            1.95
1.20-1.30.....................  34.0-36.8.......            3.45            1.56            4.60            2.09
1.30-1.40.....................  36.8-39.6.......            3.55            1.61            4.95            2.25
1.40-1.50.....................  39.6-42.5.......            3.65            1.66            5.25            2.38
1.50-1.60.....................  42.5-45.3.......            3.75            1.70            5.55            2.52
1.60-1.70.....................  45.3-48.1.......            3.80            1.72            5.85            2.65
1.70-1.80.....................  48.1-51.0.......            3.90            1.77            6.20            2.81
1.80-1.90.....................  51.0-53.8.......            4.00            1.81            6.50            2.95
1.90-2.00.....................  53.8-56.6.......            4.10            1.86            6.80            3.08
2.00-2.10.....................  56.6-59.5.......            4.20            1.91            7.10            3.22
2.10-2.20.....................  59.5-62.3.......            4.30            1.95            7.45            3.38
2.20-2.30.....................  62.3-65.1.......            4.35            1.97            7.75            3.52
2.30-2.40.....................  65.1-68.0.......            4.45            2.02            8.05            3.65
2.40-2.50.....................  68.0-70.8.......            4.55            2.06            8.35            3.79
2.50-2.60.....................  70.8-73.6.......            4.65            2.11            8.70            3.95
2.60-2.70.....................  73.6-76.5.......            4.70            2.13            9.00            4.08
2.70-2.80.....................  76.5-79.3.......            4.80            2.18            9.30            4.22
2.80-2.90.....................  79.3-82.1.......            4.90            2.22            9.60            4.35
2.90-3.00.....................  82.1-85.0.......            5.00            2.27            9.90            4.49
3.00-3.10.....................  85.0-87.8.......            5.10            2.31           10.25            4.65
3.10-3.20.....................  87.8-90.6.......            5.20            2.36           10.55            4.79
3.20-3.30.....................  90.6-93.4.......            5.25            2.38           10.85            4.92
3.30-3.40.....................  93.4-96.3.......            5.35            2.43           11.15            5.06
3.40-3.50.....................  96.3-99.1.......            5.45            2.47           11.50            5.22
3.50-3.60.....................  99.1-101.9......            5.55            2.52           11.80            5.35
3.60-3.70.....................  101.9-104.8.....            5.65            2.56           12.10            5.49
3.70-3.80.....................  104.8-107.6.....            5.70            2.59           12.40            5.62
3.80-3.90.....................  107.6-110.4.....            5.80            2.63           12.75            5.78
3.90-4.00.....................  110.4-113.3.....            5.90            2.68           13.05            5.92
4.00-4.10.....................  113.3-116.1.....            6.00            2.72           13.35            6.06
4.10-4.20.....................  116.1-118.9.....            6.10            2.77           13.65            6.19
4.20-4.30.....................  118.9-121.8.....            6.15            2.79           14.00            6.35
4.30-4.40.....................  121.8-124.6.....            6.25            2.83           14.30            6.49
4.40-4.50.....................  124.6-127.4.....            6.35            2.88           14.60            6.62
4.50-4.60.....................  127.4-130.3.....            6.45            2.93           14.90            6.76
4.60-4.70.....................  130.3-133.1.....            6.55            2.97           15.25            6.92
4.70-4.80.....................  133.1-135.9.....            6.60            2.99           15.55            7.05
4.80-4.90.....................  135.9-138.8.....            6.70            3.04           15.85            7.19
4.90-5.00.....................  138.8-141.6.....            6.80            3.08           16.15            7.33
5.00-5.10.....................  141.6-144.4.....            6.90            3.13           16.50            7.48
5.10-5.20.....................  144.4-147.2.....            7.00            3.18           16.80            7.62
5.20-5.30.....................  147.2-150.1.....            7.05            3.20           17.10            7.76
5.30-5.40.....................  150.1-152.9.....            7.15            3.24           17.40            7.89
5.40-5.50.....................  152.9-155.7.....            7.25            3.29           17.70            8.03
5.50-5.60.....................  155.7-158.6.....            7.35            3.33           18.05            8.19
5.60-5.70.....................  158.6-161.4.....            7.45            3.38           18.35            8.32
5.70-5.80.....................  161.4-164.2.....            7.50            3.40           18.65            8.46
5.80-5.90.....................  164.2-167.1.....            7.60            3.45           18.95            8.60
5.90-6.00.....................  167.1-169.9.....            7.70            3.49           19.30            8.75
6.00-6.10.....................  169.9-172.7.....            7.80            3.54           19.60            8.89
6.10-6.20.....................  172.7-175.6.....            7.90            3.58           19.90            9.03
6.20-6.30.....................  175.6-178.4.....            7.95            3.61           20.20            9.16
6.30-6.40.....................  178.4-181.2.....            8.05            3.65           20.55            9.32
6.40-6.50.....................  181.2-184.1.....            8.15            3.70           20.85            9.46
6.50-6.60.....................  184.1-186.9.....            8.25            3.74           21.15            9.59
6.60-6.70.....................  186.9-189.7.....            8.30            3.76           21.45            9.73
6.70-6.80.....................  189.7-192.6.....            8.40            3.81           21.80            9.89
6.80-6.90.....................  192.6-195.4.....            8.50            3.86           22.10           10.02

[[Page 33395]]

 
6.90-7.00.....................  195.4-198.2.....            8.60            3.90           22.40           10.16
7.00-7.10.....................  198.2-201.0.....            8.70            3.95           22.70           10.30
7.10-7.20.....................  201.0-203.9.....            8.80            3.99           23.05           10.46
7.20-7.30.....................  203.9-206.7.....            8.85            4.01           23.35           10.59
7.30-7.40.....................  206.7-209.5.....            8.95            4.06           23.65           10.73
7.40-7.50.....................  209.5-212.4.....            9.05            4.11           23.95           10.86
7.50-7.60.....................  212.4-215.2.....            9.15            4.15           24.30           11.02
7.60-7.70.....................  215.2-218.0.....            9.25            4.20           24.60           11.16
7.70-7.80.....................  218.0-220.9.....            9.30            4.22           24.90           11.29
7.80-7.90.....................  220.9-223.7.....            9.40            4.26           25.20           11.43
7.90-8.00.....................  223.7-226.5.....            9.50            4.31           25.50           11.57
----------------------------------------------------------------------------------------------------------------
Notes: (1) All test load weights are bone-dry weights.
(2) Allowable tolerance on the test load weights is 0.10 lbs (0.05 kg).

Appendix J1 [Removed and Reserved]

0
9. Remove and reserve Appendix J1 to subpart B of part 430.

0
10. Appendix J2 to subpart B of part 430 is amended by:
0
a. Revising the introductory note;
0
b. Adding section 0;
0
c. Revising section 1;
0
d. Revising the heading for section 2;
0
e. Revising section 2.2;
0
f. Adding sections 2.5.4.1 and 2.5.4.2;
0
g. Revising sections 2.5.5, 2.7 and 2.12;
0
h. Removing sections 2.7.1, 2.7.2, 2.7.3, 2.7.4, 2.7.4.1, 2.7.4.2, 
2.7.4.3, 2.7.4.4, 2.7.4.5, 2.7.4.6, 2.7.4.6.1, 2.7.4.6.2, 2.7.4.7, and 
2.7.5;
0
i. Removing ``energy stuffer clothes'' and adding in its place, 
``energy stuffer cloths'' in section 2.8;
0
j. Revising section 3.2.5;
0
k. Adding sections 3.2.5.1 and 3.2.5.2;
0
l. Revising sections 3.2.6.2.2, 3.2.7 and 3.2.9;
0
m. Revising sections 3.3 and 3.6;
0
n. In sections 3.8.2.6, 3.8.3.2, and 3.8.3.4 removing ``section 7 of 
appendix J3'' and adding in its place, ``section 9 of appendix J3'', 
and removing ``section 6.1 of appendix J3'' and adding in its place, 
``section 8.7 of appendix J3'';
0
o. Removing section 4.2.12;
0
p. Redesignating section 4.2.13 as 4.2.12;
0
q. Removing ``MEF'' and adding in its place ``MEFJ2'' in all 
instances in section 4.5;
0
r. Revising Table 5.1; and
0
s. Removing section 6.
    The additions and revisions read as follows:

Appendix J2 to Subpart B of Part 430--Uniform Test Method for Measuring 
the Energy Consumption of Automatic and Semi-Automatic Clothes Washers

    Note: Manufacturers must use the results of testing under this 
appendix to determine compliance with the relevant standards for 
clothes washers from Sec.  430.32(g)(4) and from Sec.  431.156(b) as 
they appeared in January 1, 2022 edition of 10 CFR parts 200-499. 
Specifically, before November 28, 2022 representations must be based 
upon results generated either under this appendix as codified on 
July 1, 2022 or under this appendix as it appeared in the 10 CFR 
parts 200-499 edition revised as of January 1, 2022. Any 
representations made on or after November 28, 2022 but before the 
compliance date of any amended standards for clothes washers must be 
made based upon results generated using this appendix as codified on 
July 1, 2022. Manufacturers must use the results of testing under 
Appendix J to determine compliance with any amended standards for 
clothes washers provided in 10 CFR 430.32(g) and in Sec.  431.156 
that are published after January 1, 2022. Any representations 
related to energy or water consumption of residential or commercial 
clothes washers must be made in accordance with the appropriate 
appendix that applies (i.e., Appendix J or this appendix) when 
determining compliance with the relevant standard. Manufacturers may 
also use Appendix J to certify compliance with any amended standards 
prior to the applicable compliance date for those standards.

0. Incorporation by Reference

    DOE incorporated by reference in Sec.  430.3, the entire test 
standard for IEC 62301. However, only enumerated provisions of this 
standard are applicable to this appendix, as follows. In cases in 
which there is a conflict, the language of the test procedure in 
this appendix takes precedence over the referenced test standard.
    0.1 IEC 62301:
    (a) Section 4.2 as referenced in section 2.4 of this appendix;
    (b) Section 4.3.2 as referenced in section 2.1.2 of this 
appendix;
    (c) Section 4.4 as referenced in section 2.5.3 of this appendix;
    (d) Section 5.1 as referenced in section 3.9.2 of this appendix;
    (e) Section 5.2 as referenced in section 2.10 of this appendix; 
and
    (f) Section 5.3.2 as referenced in section 3.9.3 of this 
appendix.
    0.2 [Reserved]

1. Definitions

    Active mode means a mode in which the clothes washer is 
connected to a mains power source, has been activated, and is 
performing one or more of the main functions of washing, soaking, 
tumbling, agitating, rinsing, and/or removing water from the 
clothing, or is involved in functions necessary for these main 
functions, such as admitting water into the washer or pumping water 
out of the washer. Active mode also includes delay start and cycle 
finished modes.
    Active washing mode means a mode in which the clothes washer is 
performing any of the operations included in a complete cycle 
intended for washing a clothing load, including the main functions 
of washing, soaking, tumbling, agitating, rinsing, and/or removing 
water from the clothing.
    Adaptive water fill control system means a clothes washer 
automatic water fill control system that is capable of automatically 
adjusting the water fill level based on the size or weight of the 
clothes load placed in the clothes container.
    Automatic water fill control system means a clothes washer water 
fill control system that does not allow or require the user to 
determine or select the water fill level, and includes adaptive 
water fill control systems and fixed water fill control systems.
    Bone-dry means a condition of a load of test cloth that has been 
dried in a dryer at maximum temperature for a minimum of 10 minutes, 
removed and weighed before cool down, and then dried again for 10 
minute periods until the final weight change of the load is 1 
percent or less.
    Clothes container means the compartment within the clothes 
washer that holds the clothes during the operation of the machine.
    Cold rinse means the coldest rinse temperature available on the 
machine, as indicated to the user on the clothes washer control 
panel.
    Combined low-power mode means the aggregate of available modes 
other than active washing mode, including inactive

[[Page 33396]]

mode, off mode, delay start mode, and cycle finished mode.
    Cycle finished mode means an active mode that provides 
continuous status display, intermittent tumbling, or air circulation 
following operation in active washing mode.
    Delay start mode means an active mode in which activation of 
active washing mode is facilitated by a timer.
    Energy test cycle means the complete set of wash/rinse 
temperature selections required for testing, as determined according 
to section 2.12 of this appendix.
    Fixed water fill control system means a clothes washer automatic 
water fill control system that automatically terminates the fill 
when the water reaches a pre-defined level that is not based on the 
size or weight of the clothes load placed in the clothes container, 
without allowing or requiring the user to determine or select the 
water fill level.
    Inactive mode means a standby mode that facilitates the 
activation of active mode by remote switch (including remote 
control), internal sensor, or timer, or that provides continuous 
status display.
    Integrated modified energy factor means the quotient of the 
cubic foot (or liter) capacity of the clothes container divided by 
the total clothes washer energy consumption per cycle, with such 
energy consumption expressed as the sum of:
    (a) The machine electrical energy consumption;
    (b) The hot water energy consumption;
    (c) The energy required for removal of the remaining moisture in 
the wash load; and
    (d) The combined low-power mode energy consumption.
    Integrated water factor means the quotient of the total weighted 
per-cycle water consumption for all wash cycles in gallons divided 
by the cubic foot (or liter) capacity of the clothes washer.
    Load usage factor means the percentage of the total number of 
wash loads that a user would wash a particular size (weight) load.
    Lot means a quantity of cloth that has been manufactured with 
the same batches of cotton and polyester during one continuous 
process.
    Manual water fill control system means a clothes washer water 
fill control system that requires the user to determine or select 
the water fill level.
    Modified energy factor means the quotient of the cubic foot (or 
liter) capacity of the clothes container divided by the total 
clothes washer energy consumption per cycle, with such energy 
consumption expressed as the sum of the machine electrical energy 
consumption, the hot water energy consumption, and the energy 
required for removal of the remaining moisture in the wash load.
    Non-water-heating clothes washer means a clothes washer that 
does not have an internal water heating device to generate hot 
water.
    Normal cycle means 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 MEFJ2 value.
    Off mode means a mode in which the clothes washer is connected 
to a mains power source and is not providing any active or standby 
mode function, and where the mode may persist for an indefinite 
time.
    Standby mode means any mode in which the clothes washer is 
connected to a mains power source and offers one or more of the 
following user oriented or protective functions that may persist for 
an indefinite time:
    (a) Facilitating the activation of other modes (including 
activation or deactivation of active mode) by remote switch 
(including remote control), internal sensor, or timer;
    (b) Continuous functions, including information or status 
displays (including clocks) or sensor-based functions.
    (c) A timer is a continuous clock function (which may or may not 
be associated with a display) that provides regular scheduled tasks 
(e.g., switching) and that operates on a continuous basis.
    Temperature use factor means, for a particular wash/rinse 
temperature setting, the percentage of the total number of wash 
loads that an average user would wash with that setting.
    User-adjustable adaptive water fill control system means a 
clothes washer fill control system that allows the user to adjust 
the amount of water that the machine provides, which is based on the 
size or weight of the clothes load placed in the clothes container.
    Wash time means the wash portion of active washing mode, which 
begins when the cycle is initiated and includes the agitation or 
tumble time, which may be periodic or continuous during the wash 
portion of active washing mode.
    Water factor means the quotient of the total weighted per-cycle 
water consumption for cold wash divided by the cubic foot (or liter) 
capacity of the clothes washer.
    Water-heating clothes washer means a clothes washer where some 
or all of the hot water for clothes washing is generated by a water 
heating device internal to the clothes washer.

2. Testing Conditions and Instrumentation

* * * * *
    2.2 Supply water. Maintain the temperature of the hot water 
supply at the water inlets between 130 [deg]F (54.4 [deg]C) and 135 
[deg]F (57.2 [deg]C), targeting the midpoint of the range. Maintain 
the temperature of the cold water supply at the water inlets between 
55 [deg]F (12.8 [deg]C) and 60 [deg]F (15.6 [deg]C), targeting the 
midpoint of the range.
* * * * *
    2.5.4 * * *
    2.5.4.1 Non-reversible temperature indicator labels, adhered to 
the inside of the clothes container, may be used to confirm that an 
extra-hot wash temperature greater than 135 [deg]F has been achieved 
during the wash cycle, under the following conditions. The label 
must remain waterproof, intact, and adhered to the wash drum 
throughout an entire wash cycle; provide consistent maximum 
temperature readings; and provide repeatable temperature indications 
sufficient to demonstrate that a wash temperature of greater than 
135 [deg]F has been achieved. The label must have been verified to 
consistently indicate temperature measurements with an accuracy of 
1 [deg]F if the label provides a temperature indicator 
at 135 [deg]F. If the label does not provide a temperature indicator 
at 135 [deg]F, the label must have been verified to consistently 
indicate temperature measurements with an accuracy of 1 
[deg]F if the next-highest temperature indicator is greater than 135 
[deg]F and less than 140 [deg]F, or 3 [deg]F if the 
next-highest temperature indicator is 140 [deg]F or greater. If the 
label does not provide a temperature indicator at 135 [deg]F, 
failure to activate the next-highest temperature indicator does not 
necessarily indicate the lack of an extra-hot wash temperature. 
However, such a result would not be conclusive due to the lack of 
verification of the water temperature requirement, in which case an 
alternative method must be used to confirm that an extra-hot wash 
temperature greater than 135 [deg]F has been achieved during the 
wash cycle. If using a temperature indicator label to test a front-
loading clothes washer, adhere the label along the interior surface 
of the clothes container drum, midway between the front and the back 
of the drum, adjacent to one of the baffles. If using a temperature 
indicator label to test a top-loading clothes washer, adhere the 
label along the interior surface of the clothes container drum, on 
the vertical portion of the sidewall, as close to the bottom of the 
container as possible.
    2.5.4.2 Submersible temperature loggers placed inside the wash 
drum may be used to confirm that an extra-hot wash temperature 
greater than 135 [deg]F has been achieved during the wash cycle, 
under the following conditions. The submersible temperature logger 
must have a time resolution of at least 1 data point every 5 seconds 
and a temperature measurement accuracy of 1 [deg]F. Due 
to the potential for a waterproof capsule to provide a thermal 
insulating effect, failure to measure a temperature of 135 [deg]F 
does not necessarily indicate the lack of an extra-hot wash 
temperature. However, such a result would not be conclusive due to 
the lack of verification of the water temperature requirement, in 
which case an alternative method must be used to confirm that an 
extra-hot wash temperature greater than 135 [deg]F has been achieved 
during the wash cycle.
    2.5.5 Water meter. A water meter must be installed in both the 
hot and cold water lines to measure water flow and/or water 
consumption. The water meters must have a resolution no larger than 
0.1 gallons (0.4 liters) and a maximum error no greater than 2 
percent for the water flow rates being measured. If the volume of 
hot water for any individual cycle within the energy test cycle is 
less than 0.1 gallons (0.4 liters), the hot water meter must have a 
resolution no larger than 0.01 gallons (0.04 liters).
* * * * *
    2.7 Test cloths. The test cloth material and dimensions must 
conform to the specifications in appendix J3 to this subpart.

[[Page 33397]]

The energy test cloth and the energy stuffer cloths must be clean 
and must not be used for more than 60 test runs (after 
preconditioning as specified in section 5 of appendix J3 to this 
subpart). All energy test cloth must be permanently marked 
identifying the lot number of the material. Mixed lots of material 
must not be used for testing a clothes washer. The moisture 
absorption and retention must be evaluated for each new lot of test 
cloth using the standard extractor Remaining Moisture Content (RMC) 
procedure specified in appendix J3 to this subpart.
* * * * *
    2.12 Determining the energy test cycle. To determine the energy 
test cycle, evaluate the wash/rinse temperature selection flowcharts 
in the order in which they are presented in this section. Except for 
Cold Wash/Cold Rinse, use the maximum load size to evaluate each 
flowchart. The determination of the energy test cycle must take into 
consideration all cycle settings available to the end user, 
including any cycle selections or cycle modifications provided by 
the manufacturer via software or firmware updates to the product, 
for the basic model under test. The energy test cycle does not 
include any cycle that is recommended by the manufacturer 
exclusively for cleaning, deodorizing, or sanitizing the clothes 
washer.
BILLING CODE 6450-01-P
[GRAPHIC] [TIFF OMITTED] TR01JN22.009


[[Page 33398]]


[GRAPHIC] [TIFF OMITTED] TR01JN22.010


[[Page 33399]]


[GRAPHIC] [TIFF OMITTED] TR01JN22.011


[[Page 33400]]


[GRAPHIC] [TIFF OMITTED] TR01JN22.012


[[Page 33401]]


[GRAPHIC] [TIFF OMITTED] TR01JN22.013

BILLING CODE 6450-01-C

3. Test Measurements

* * * * *
    3.2.5 Wash time setting.
    3.2.5.1 If the cycle under test offers a range of wash time 
settings, the wash time setting shall be the higher of either the 
minimum or 70 percent of the maximum wash time available for the 
wash cycle under test, regardless of the labeling of suggested dial 
locations. If 70 percent of the maximum wash time is not available 
on a dial with a discrete number of wash time settings, choose the 
next-highest setting greater than 70 percent.
    3.2.5.2 If the clothes washer is equipped with an 
electromechanical dial or timer controlling wash time that rotates 
in both directions, reset the dial to the minimum wash time and then 
turn it in the direction of increasing wash time to reach the 
appropriate setting. If the appropriate setting is passed, return 
the dial to the minimum wash time and then turn in the direction of 
increasing wash time until the appropriate setting is reached.
* * * * *
    3.2.6 * * *
* * * * *
    3.2.6.2.2 User-adjustable adaptive. Conduct four tests on 
clothes washers with user-adjustable adaptive water fill controls. 
Conduct the first test using the maximum test load and with the 
adaptive water fill control system set in the setting that uses the 
most water. Conduct the second test using the minimum test load and 
with the adaptive water fill control system set in the setting that 
uses the least water. Conduct the third test using the average test 
load and with the adaptive water fill control system set in the 
setting that uses the most water. Conduct the fourth test using the 
average test load and with the adaptive water fill control system 
set in the setting that uses the least water. Average the results of 
the third and fourth tests to obtain the energy and water 
consumption values for the average test load size.
* * * * *
    3.2.7 Manufacturer default settings. For clothes washers with 
electronic control systems, use the manufacturer default settings 
for any cycle selections, except for (1) the temperature selection, 
(2) the wash water fill levels, (3) if necessary, the spin speeds on 
wash cycles used to determine remaining moisture content, or (4) 
network settings. If the clothes washer has network capabilities, 
the network settings must be disabled throughout testing if such 
settings can be disabled by the end-user and the product's user 
manual provides instructions on how to do so. For all other cycle 
selections, the manufacturer default settings must be used for wash 
conditions such as

[[Page 33402]]

agitation/tumble operation, soil level, spin speed on wash cycles 
used to determine energy and water consumption, wash times, rinse 
times, optional rinse settings, water heating time for water heating 
clothes washers, and all other wash parameters or optional features 
applicable to that wash cycle. Any optional wash cycle feature or 
setting (other than wash/rinse temperature, water fill level 
selection, spin speed on wash cycles used to determine remaining 
moisture content, or network settings on clothes washers with 
network capabilities) that is activated by default on the wash cycle 
under test must be included for testing unless the manufacturer 
instructions recommend not selecting this option, or recommend 
selecting a different option, for washing normally soiled cotton 
clothing. For clothes washers with control panels containing 
mechanical switches or dials, any optional settings, except for (1) 
the temperature selection, (2) the wash water fill levels, or (3) if 
necessary, the spin speeds on wash cycles used to determine 
remaining moisture content, must be in the position recommended by 
the manufacturer for washing normally soiled cotton clothing. If the 
manufacturer instructions do not recommend a particular switch or 
dial position to be used for washing normally soiled cotton 
clothing, the setting switch or dial must remain in its as-shipped 
position.
* * * * *
    3.2.9 Anomalous Test Cycles. If during a wash cycle the clothes 
washer: (a) Signals to the user by means of a visual or audio alert 
that an out-of-balance condition has been detected; or (b) 
terminates prematurely and thus does not include the agitation/
tumble operation, spin speed(s), wash times, and rinse times 
applicable to the wash cycle under test, discard the test data and 
repeat the wash cycle. Document in the test report the rejection of 
data from any wash cycle during testing and the reason for the 
rejection.
    3.3 Extra-Hot Wash/Cold Rinse. Measure the water and electrical 
energy consumption for each water fill level and test load size as 
specified in sections 3.3.1 through 3.3.3 of this appendix for the 
Extra-Hot Wash/Cold Rinse as defined within the energy test cycle.
* * * * *
    3.6 Warm Wash/Warm Rinse. Measure the water and electrical 
energy consumption for each water fill level and/or test load size 
as specified in sections 3.6.1 through 3.6.3 of this appendix for 
the applicable Warm Wash/Warm Rinse temperature selection(s), as 
defined within the energy test cycle. For a clothes washer with 
fewer than four discrete Warm Wash/Warm Rinse temperature 
selections, test all Warm Wash/Warm Rinse selections. For a clothes 
washer that offers four or more Warm Wash/Warm Rinse selections, 
test at all discrete selections, or test at 25 percent, 50 percent, 
and 75 percent positions of the temperature selection device between 
the hottest hot (<= 135 [deg]F (57.2 [deg]C)) wash and the coldest 
cold wash. If a selection is not available at the 25, 50 or 75 
percent position, in place of each such unavailable selection use 
the next warmer setting. For each reportable value to be used for 
the Warm Wash/Warm Rinse temperature selection, calculate the 
average of all Warm Wash/Warm Rinse temperature selections tested 
pursuant to this section.
* * * * *

5. Test Loads

                                                               Table 5.1--Test Load Sizes
--------------------------------------------------------------------------------------------------------------------------------------------------------
                    Container volume                               Minimum load                    Maximum load                    Average load
--------------------------------------------------------------------------------------------------------------------------------------------------------
              cu. ft.                       liter
---------------------------------------------------------       lb              kg              lb              kg              lb              kg
               >= <                         >= <
--------------------------------------------------------------------------------------------------------------------------------------------------------
0.00-0.80.........................  0.00-22.7...........            3.00            1.36            3.00            1.36            3.00            1.36
0.80-0.90.........................  22.7-25.5...........            3.00            1.36            3.50            1.59            3.25            1.47
0.90-1.00.........................  25.5-28.3...........            3.00            1.36            3.90            1.77            3.45            1.56
1.00-1.10.........................  28.3-31.1...........            3.00            1.36            4.30            1.95            3.65            1.66
1.10-1.20.........................  31.1-34.0...........            3.00            1.36            4.70            2.13            3.85            1.75
1.20-1.30.........................  34.0-36.8...........            3.00            1.36            5.10            2.31            4.05            1.84
1.30-1.40.........................  36.8-39.6...........            3.00            1.36            5.50            2.49            4.25            1.93
1.40-1.50.........................  39.6-42.5...........            3.00            1.36            5.90            2.68            4.45            2.02
1.50-1.60.........................  42.5-45.3...........            3.00            1.36            6.40            2.90            4.70            2.13
1.60-1.70.........................  45.3-48.1...........            3.00            1.36            6.80            3.08            4.90            2.22
1.70-1.80.........................  48.1-51.0...........            3.00            1.36            7.20            3.27            5.10            2.31
1.80-1.90.........................  51.0-53.8...........            3.00            1.36            7.60            3.45            5.30            2.40
1.90-2.00.........................  53.8-56.6...........            3.00            1.36            8.00            3.63            5.50            2.49
2.00-2.10.........................  56.6-59.5...........            3.00            1.36            8.40            3.81            5.70            2.59
2.10-2.20.........................  59.5-62.3...........            3.00            1.36            8.80            3.99            5.90            2.68
2.20-2.30.........................  62.3-65.1...........            3.00            1.36            9.20            4.17            6.10            2.77
2.30-2.40.........................  65.1-68.0...........            3.00            1.36            9.60            4.35            6.30            2.86
2.40-2.50.........................  68.0-70.8...........            3.00            1.36           10.00            4.54            6.50            2.95
2.50-2.60.........................  70.8-73.6...........            3.00            1.36           10.50            4.76            6.75            3.06
2.60-2.70.........................  73.6-76.5...........            3.00            1.36           10.90            4.94            6.95            3.15
2.70-2.80.........................  76.5-79.3...........            3.00            1.36           11.30            5.13            7.15            3.24
2.80-2.90.........................  79.3-82.1...........            3.00            1.36           11.70            5.31            7.35            3.33
2.90-3.00.........................  82.1-85.0...........            3.00            1.36           12.10            5.49            7.55            3.42
3.00-3.10.........................  85.0-87.8...........            3.00            1.36           12.50            5.67            7.75            3.52
3.10-3.20.........................  87.8-90.6...........            3.00            1.36           12.90            5.85            7.95            3.61
3.20-3.30.........................  90.6-93.4...........            3.00            1.36           13.30            6.03            8.15            3.70
3.30-3.40.........................  93.4-96.3...........            3.00            1.36           13.70            6.21            8.35            3.79
3.40-3.50.........................  96.3-99.1...........            3.00            1.36           14.10            6.40            8.55            3.88
3.50-3.60.........................  99.1-101.9..........            3.00            1.36           14.60            6.62            8.80            3.99
3.60-3.70.........................  101.9-104.8.........            3.00            1.36           15.00            6.80            9.00            4.08
3.70-3.80.........................  104.8-107.6.........            3.00            1.36           15.40            6.99            9.20            4.17
3.80-3.90.........................  107.6-110.4.........            3.00            1.36           15.80            7.16            9.40            4.26
3.90-4.00.........................  110.4-113.3.........            3.00            1.36           16.20            7.34            9.60            4.35
4.00-4.10.........................  113.3-116.1.........            3.00            1.36           16.60            7.53            9.80            4.45
4.10-4.20.........................  116.1-118.9.........            3.00            1.36           17.00            7.72           10.00            4.54
4.20-4.30.........................  118.9-121.8.........            3.00            1.36           17.40            7.90           10.20            4.63
4.30-4.40.........................  121.8-124.6.........            3.00            1.36           17.80            8.09           10.40            4.72
4.40-4.50.........................  124.6-127.4.........            3.00            1.36           18.20            8.27           10.60            4.82
4.50-4.60.........................  127.4-130.3.........            3.00            1.36           18.70            8.46           10.85            4.91
4.60-4.70.........................  130.3-133.1.........            3.00            1.36           19.10            8.65           11.05            5.00

[[Page 33403]]

 
4.70-4.80.........................  133.1-135.9.........            3.00            1.36           19.50            8.83           11.25            5.10
4.80-4.90.........................  135.9-138.8.........            3.00            1.36           19.90            9.02           11.45            5.19
4.90-5.00.........................  138.8-141.6.........            3.00            1.36           20.30            9.20           11.65            5.28
5.00-5.10.........................  141.6-144.4.........            3.00            1.36           20.70            9.39           11.85            5.38
5.10-5.20.........................  144.4-147.2.........            3.00            1.36           21.10            9.58           12.05            5.47
5.20-5.30.........................  147.2-150.1.........            3.00            1.36           21.50            9.76           12.25            5.56
5.30-5.40.........................  150.1-152.9.........            3.00            1.36           21.90            9.95           12.45            5.65
5.40-5.50.........................  152.9-155.7.........            3.00            1.36           22.30           10.13           12.65            5.75
5.50-5.60.........................  155.7-158.6.........            3.00            1.36           22.80           10.32           12.90            5.84
5.60-5.70.........................  158.6-161.4.........            3.00            1.36           23.20           10.51           13.10            5.93
5.70-5.80.........................  161.4-164.2.........            3.00            1.36           23.60           10.69           13.30            6.03
5.80-5.90.........................  164.2-167.1.........            3.00            1.36           24.00           10.88           13.50            6.12
5.90-6.00.........................  167.1-169.9.........            3.00            1.36           24.40           11.06           13.70            6.21
6.00-6.10.........................  169.9-172.7.........            3.00            1.36           24.80           11.25           13.90            6.30
6.10-6.20.........................  172.7-175.6.........            3.00            1.36           25.20           11.43           14.10            6.40
6.20-6.30.........................  175.6-178.4.........            3.00            1.36           25.60           11.61           14.30            6.49
6.30-6.40.........................  178.4-181.2.........            3.00            1.36           26.00           11.79           14.50            6.58
6.40-6.50.........................  181.2-184.1.........            3.00            1.36           26.40           11.97           14.70            6.67
6.50-6.60.........................  184.1-186.9.........            3.00            1.36           26.90           12.20           14.95            6.78
6.60-6.70.........................  186.9-189.7.........            3.00            1.36           27.30           12.38           15.15            6.87
6.70-6.80.........................  189.7-192.6.........            3.00            1.36           27.70           12.56           15.35            6.96
6.80-6.90.........................  192.6-195.4.........            3.00            1.36           28.10           12.75           15.55            7.05
6.90-7.00.........................  195.4-198.2.........            3.00            1.36           28.50           12.93           15.75            7.14
7.00-7.10.........................  198.2-201.0.........            3.00            1.36           28.90           13.11           15.95            7.23
7.10-7.20.........................  201.0-203.9.........            3.00            1.36           29.30           13.29           16.15            7.33
7.20-7.30.........................  203.9-206.7.........            3.00            1.36           29.70           13.47           16.35            7.42
7.30-7.40.........................  206.7-209.5.........            3.00            1.36           30.10           13.65           16.55            7.51
7.40-7.50.........................  209.5-212.4.........            3.00            1.36           30.50           13.83           16.75            7.60
7.50-7.60.........................  212.4-215.2.........            3.00            1.36           31.00           14.06           17.00            7.71
7.60-7.70.........................  215.2-218.0.........            3.00            1.36           31.40           14.24           17.20            7.80
7.70-7.80.........................  218.0-220.9.........            3.00            1.36           31.80           14.42           17.40            7.89
7.80-7.90.........................  220.9-223.7.........            3.00            1.36           32.20           14.61           17.60            7.98
7.90-8.00.........................  223.7-226.5.........            3.00            1.36           32.60           14.79           17.80            8.07
--------------------------------------------------------------------------------------------------------------------------------------------------------


0
11. Appendix J3 to subpart B of part 430 is revised to read as follows:

Appendix J3 to Subpart B of Part 430--Energy Test Cloth Specifications 
and Procedures for Determining Correction Coefficients of New Energy 
Test Cloth Lots

    Note: DOE maintains an historical record of the standard 
extractor test data and final correction curve coefficients for each 
approved lot of energy test cloth. These can be accessed through 
DOE's web page for standards and test procedures for residential 
clothes washers at DOE's Building Technologies Office Appliance and 
Equipment Standards website.

1. Objective

    This appendix includes the following: (1) Specifications for the 
energy test cloth to be used for testing clothes washers; (2) 
procedures for verifying that new lots of energy test cloth meet the 
defined material specifications; and (3) procedures for developing a 
set of correction coefficients that correlate the measured remaining 
moisture content (RMC) values of each new test cloth lot with a set 
of standard RMC values established as an historical reference point. 
These correction coefficients are applied to the RMC measurements 
performed during testing according to appendix J or appendix J2 to 
this subpart, ensuring that the final corrected RMC measurement for 
a clothes washer remains independent of the test cloth lot used for 
testing.

2. Definitions

    AHAM means the Association of Home Appliance Manufacturers.
    Bone-dry means a condition of a load of test cloth that has been 
dried in a dryer at maximum temperature for a minimum of 10 minutes, 
removed and weighed before cool down, and then dried again for 10 
minute periods until the final weight change of the load is 1 
percent or less.
    Lot means a quantity of cloth that has been manufactured with 
the same batches of cotton and polyester during one continuous 
process.
    Roll means a subset of a lot.

3. Energy Test Cloth Specifications

    The energy test cloths and energy stuffer cloths must meet the 
following specifications:
    3.1 The test cloth material should come from a roll of material 
with a width of approximately 63 inches and approximately 500 yards 
per roll. However, other sizes may be used if the test cloth 
material meets the specifications listed in sections 3.2 through 3.6 
of this appendix.
    3.2 Nominal fabric type. Pure finished bleached cloth made with 
a momie or granite weave, which is nominally 50 percent cotton and 
50 percent polyester.
    3.3 Fabric weight. 5.60  0.25 ounces per square yard 
(190.0  8.4 g/m2).
    3.4 Thread count. 65 x 57 per inch (warp x fill), 2 
percent.
    3.5 Fiber content of warp and filling yarn. 50 percent 4 percent cotton, with the balance being polyester, open end 
spun, 15/1 5 percent cotton count blended yarn.
    3.6 Water repellent finishes, such as fluoropolymer stain 
resistant finishes, must not be applied to the test cloth.
    3.7. Test cloth dimensions.
    3.7.1 Energy test cloth. The energy test cloth must be made from 
energy test cloth material, as specified in section 3.1 of this 
appendix, that is 24  \1/2\ inches by 36  
\1/2\ inches (61.0  1.3 cm by 91.4  1.3 cm) 
and has been hemmed to 22  \1/2\ inches by 34  \1/2\ inches (55.9  1.3 cm by 86.4  
1.3 cm) before washing.
    3.7.2 Energy stuffer cloth. The energy stuffer cloth must be 
made from energy test cloth material, as specified in section 3.1 of 
this appendix, that is 12  \1/4\ inches by 12  \1/4\ inches (30.5  0.6 cm by 30.5  
0.6 cm) and has been hemmed to 10  \1/4\ inches by

[[Page 33404]]

10  \1/4\ inches (25.4  0.6 cm by 25.4 
 0.6 cm) before washing.
    3.8 The test cloth must be clean and must not be used for more 
than 60 test runs (after pre-conditioning as specified in section 5 
of this appendix). All test cloth must be permanently marked 
identifying the lot number of the material. Mixed lots of material 
must not be used for testing a clothes washer according to appendix 
J or appendix J2 to this subpart.

4. Equipment Specifications

    4.1 Extractor. Use a North Star Engineered Products Inc. 
(formerly Bock) Model 215 extractor (having a basket diameter of 20 
inches, height of 11.5 inches, and volume of 2.09 ft\3\), with a 
variable speed drive (North Star Engineered Products, P.O. Box 5127, 
Toledo, OH 43611) or an equivalent extractor with same basket design 
(i.e., diameter, height, volume, and hole configuration) and 
variable speed drive. Table 4.1 of this appendix shows the extractor 
spin speed, in revolutions per minute (RPM), that must be used to 
attain each required g-force level.

        Table 4.1--Extractor Spin Speeds for Each Test Condition
------------------------------------------------------------------------
                       ``g Force''                              RPM
------------------------------------------------------------------------
100.....................................................      594  1
200.....................................................      840  1
350.....................................................    1,111  1
500.....................................................    1,328  1
650.....................................................    1,514  1
------------------------------------------------------------------------

    4.2 Bone-dryer. The dryer used for drying the cloth to bone-dry 
must heat the test cloth and energy stuffer cloths above 210 [deg]F 
(99 [deg]C).

5. Test Cloth Pre-Conditioning Instructions

    Use the following instructions for performing pre-conditioning 
of new energy test cloths and energy stuffer cloths as specified 
throughout section 7 and section 8 of this appendix, and before any 
clothes washer testing using appendix J or appendix J2 to this 
subpart: Perform five complete wash-rinse-spin cycles, the first two 
with current AHAM Standard detergent Formula 3 and the last three 
without detergent. Place the test cloth in a clothes washer set at 
the maximum water level. Wash the load for ten minutes in soft water 
(17 ppm hardness or less) using 27.0 grams + 4.0 grams per pound of 
cloth load of AHAM Standard detergent Formula 3. The wash 
temperature is to be controlled to 135 [deg]F  5 [deg]F 
(57.2 [deg]C  2.8 [deg]C) and the rinse temperature is 
to be controlled to 60 [deg]F  5 [deg]F (15.6 [deg]C 
 2.8 [deg]C). Dry the load to bone-dry between each of 
the five wash-rinse-spin cycles. The maximum shrinkage after 
preconditioning must not be more than 5 percent of the length and 
width. Measure per AATCC Test Method 135-2010 (incorporated by 
reference; see Sec.  430.3).

6. Extractor Run Instructions

    Use the following instructions for performing each of the 
extractor runs specified throughout section 7 and section 8 of this 
appendix:
    6.1 Test load size. Use a test load size of 8.4 lbs.
    6.2 Measure the average RMC for each sample loads as follows:
    6.2.1 Dry the test cloth until it is bone-dry according to the 
definition in section 2 of this appendix. Record the bone-dry weight 
of the test load (WI).
    6.2.2 Prepare the test load for soak by grouping four test 
cloths into loose bundles. Create the bundles by hanging four cloths 
vertically from one corner and loosely wrapping the test cloth onto 
itself to form the bundle. Bundles should be wrapped loosely to 
ensure consistency of water extraction. Then place the bundles into 
the water to soak. Eight to nine bundles will be formed depending on 
the test load. The ninth bundle may not equal four cloths but can 
incorporate energy stuffer cloths to help offset the size 
difference.
    6.2.3 Soak the test load for 20 minutes in 10 gallons of soft 
(<17 ppm) water. The entire test load must be submerged. Maintain a 
water temperature of 100 [deg]F  5 [deg]F (37.8 [deg]C 
 2.8 [deg]C) at all times between the start and end of 
the soak.
    6.2.4 Remove the test load and allow each of the test cloth 
bundles to drain over the water bath for a maximum of 5 seconds.
    6.2.5 Manually place the test cloth bundles in the basket of the 
extractor, distributing them evenly by eye. The draining and loading 
process must take no longer than 1 minute. Spin the load at a fixed 
speed corresponding to the intended centripetal acceleration level 
(measured in units of the acceleration of gravity, g)  
1g for the intended time period  5 seconds. Begin the 
timer when the extractor meets the required spin speed for each 
test.
    6.2.6 Record the weight of the test load immediately after the 
completion of the extractor spin cycle (WC).
    6.2.7 Calculate the remaining moisture content of the test load 
as (WC-WI)/WI.
    6.2.8 Draining the soak tub is not necessary if the water bath 
is corrected for water level and temperature before the next 
extraction.
    6.2.9 Drying the test load in between extraction runs is not 
necessary. However, the bone-dry weight must be checked after every 
12 extraction runs to make sure the bone-dry weight is within 
tolerance (8.4  0.1 lbs). Following this, the test load 
must be soaked and extracted once before continuing with the 
remaining extraction runs. Perform this extraction at the same spin 
speed used for the extraction run prior to checking the bone-dry 
weight, for a time period of 4 minutes. Either warm or cold soak 
temperature may be used.

7. Test Cloth Material Verification Procedure

    7.1 Material Properties Verification. The test cloth 
manufacturer must supply a certificate of conformance to ensure that 
the energy test cloth and stuffer cloth samples used for 
prequalification testing meet the specifications in section 3 of 
this appendix. The material properties of one energy test cloth from 
each of the first, middle, and last rolls must be evaluated as 
follows, prior to pre-conditioning:
    7.1.1 Dimensions. Each hemmed energy test cloth must meet the 
size specifications in section 3.7.1 of this appendix. Each hemmed 
stuffer cloth must meet the size specifications in section 3.7.2 of 
this appendix.
    7.1.2 Oil repellency. Perform AATCC Test Method 118-2007, Oil 
Repellency: Hydrocarbon Resistance Test, (incorporated by reference, 
see Sec.  430.3), to confirm the absence of ScotchguardTM 
or other water-repellent finish. An Oil Repellency Grade of 0 (Fails 
Kaydol) is required.
    7.1.3 Absorbency. Perform AATCC Test Method 79-2010, Absorbency 
of Textiles, (incorporated by reference, see Sec.  430.3), to 
confirm the absence of ScotchguardTM or other water-
repellent finish. The time to absorb one drop must be on the order 
of 1 second.
    7.2 Uniformity Verification. The uniformity of each test cloth 
lot must be evaluated as follows.
    7.2.1 Pre-conditioning. Pre-condition the energy test cloths and 
energy stuffer cloths used for uniformity verification, as specified 
in section 5 of this appendix.
    7.2.2 Distribution of samples. Test loads must be comprised of 
cloth from three different rolls from the sample lot. Each roll from 
a lot must be marked in the run order that it was made. The three 
rolls are selected based on the run order such that the first, 
middle, and last rolls are used. As the rolls are cut into cloth, 
fabric must be selected from the beginning, middle, and end of the 
roll to create separate loads from each location, for a total of 
nine sample loads according to Table 7.2.2.

 Table 7.2.2--Distribution of Sample Loads for Prequalification Testing
------------------------------------------------------------------------
                Roll No.                          Roll location
------------------------------------------------------------------------
First..................................  Beginning.
                                         Middle.
                                         End.
Middle.................................  Beginning.
                                         Middle.
                                         End.
Last...................................  Beginning.
                                         Middle.
                                         End.
------------------------------------------------------------------------

    7.2.3 Measure the remaining moisture content of each of the nine 
sample test loads, as specified in section 6 of this appendix, using 
a centripetal acceleration of 350g (corresponding to 1111  1 RPM) and a spin duration of 15 minutes  5 
seconds.
    7.2.4 Repeat section 7.2.3 of this appendix an additional two 
times and calculate the arithmetic average of the three RMC values 
to determine the average RMC value for each sample load. It is not 
necessary to dry the load to bone-dry the load before the second and 
third replications.
    7.2.5 Calculate the coefficient of variation (CV) of the nine 
average RMC values from each sample load. The CV must be less than 
or equal to 1 percent for the test cloth lot to be considered 
acceptable and to perform the standard extractor RMC testing.

8. RMC Correction Curve Procedure

    8.1 Pre-conditioning. Pre-condition the energy test cloths and 
energy stuffer cloths

[[Page 33405]]

used for RMC correction curve measurements, as specified in section 
5 of this appendix.
    8.2 Distribution of samples. Test loads must be comprised of 
randomly selected cloth at the beginning, middle and end of a lot. 
Two test loads may be used, with each load used for half of the 
total number of required tests. Separate test loads must be used 
from the loads used for uniformity verification.
    8.3 Measure the remaining moisture content of the test load, as 
specified in section 6 of this appendix at five g-force levels: 100 
g, 200 g, 350 g, 500 g, and 650 g, using two different spin times at 
each g level: 4 minutes and 15 minutes. Table 4.1 of this appendix 
provides the corresponding spin speeds for each g-force level.
    8.4 Repeat section 8.3 of this appendix using soft (<17 ppm) 
water at 60 [deg]F  5 [deg]F (15.6 [deg]C  
2.8 [deg]C).
    8.5 Repeat sections 8.3.3 and 8.3.4 of this appendix an 
additional two times, so that three replications at each extractor 
condition are performed. When this procedure is performed in its 
entirety, a total of 60 extractor RMC test runs are required.
    8.6 Average the values of the 3 replications performed for each 
extractor condition specified in section 8.3 of this appendix.
    8.7 Perform a linear least-squares fit to determine coefficients 
A and B such that the standard RMC values shown in Table 8.7 of this 
appendix (RMCstandard) are linearly related to the 
average RMC values calculated in section 8.6 of this appendix 
(RMCcloth):

RMCstandard ~ A x RMCcloth + B

where A and B are coefficients of the linear least-squares fit.

                                                             Table 8.7--Standard RMC Values
                                                                      [RMCstandard]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                RMC percentage
                                                     ---------------------------------------------------------------------------------------------------
                     ``g Force''                                          Warm soak                                         Cold soak
                                                     ---------------------------------------------------------------------------------------------------
                                                       4 min. spin (percent)    4 min. spin (percent)    15 min. spin (percent)   15 min. spin (percent)
--------------------------------------------------------------------------------------------------------------------------------------------------------
100.................................................                     45.9                     49.9                     49.7                     52.8
200.................................................                     35.7                     40.4                     37.9                     43.1
350.................................................                     29.6                     33.1                     30.7                     35.8
500.................................................                     24.2                     28.7                     25.5                     30.0
650.................................................                     23.0                     26.4                     24.1                     28.0
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    8.8 Perform an analysis of variance with replication test using 
two factors, spin speed and lot, to check the interaction of speed 
and lot. Use the values from section 8.6 of this appendix and Table 
8.7 of this appendix in the calculation. The ``P'' value of the F-
statistic for interaction between spin speed and lot in the variance 
analysis must be greater than or equal to 0.1. If the ``P'' value is 
less than 0.1, the test cloth is unacceptable. ``P'' is a 
theoretically based measure of interaction based on an analysis of 
variance.

9. Application of the RMC Correction Curve

    9.1 Using the coefficients A and B calculated in section 8.7 of 
this appendix:

RMCcorr = A x RMC + B

    9.2 Apply this RMC correction curve to measured RMC values in 
appendix J and appendix J2 to this subpart.

PART 431--ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND 
INDUSTRIAL EQUIPMENT

0
12. The authority citation for part 431 continues to read as follows:

    Authority: 42 U.S.C. 6291-6317; 28 U.S.C. 2461 note.

0
13. Section 431.152 is revised to read as follows:


Sec.  431.152  Definitions concerning commercial clothes washers.

    AEER means active-mode energy efficiency ratio, in pounds per 
kilowatt-hour per cycle (lbs/kWh/cycle), as determined in section 4.8 
of appendix J to subpart B of part 430 (when using appendix J).
    Basic model means all units of a given type of covered product (or 
class thereof) manufactured by one manufacturer, having the same 
primary energy source, and which have essentially identical electrical, 
physical, and functional (or hydraulic) characteristics that affect 
energy consumption, energy efficiency, water consumption, or water 
efficiency.
    Commercial clothes washer means a soft-mounted front-loading or 
soft-mounted top-loading clothes washer that--
    (1) Has a clothes container compartment that--
    (i) For horizontal-axis clothes washers, is not more than 3.5 cubic 
feet; and
    (ii) For vertical-axis clothes washers, is not more than 4.0 cubic 
feet; and
    (2) Is designed for use in--
    (i) Applications in which the occupants of more than one household 
will be using the clothes washer, such as multi-family housing common 
areas and coin laundries; or
    (ii) Other commercial applications.
    IWF means integrated water factor, in gallons per cubic feet per 
cycle (gal/cu ft/cycle), as determined in section 4.2.12 of appendix J2 
to subpart B of part 430 (when using appendix J2).
    MEFJ2 means modified energy factor, in cu ft/kWh/cycle, as 
determined in section 4.5 of appendix J2 to subpart B of part 430 (when 
using appendix J2).
    WER means water efficiency ratio, in pounds per gallon per cycle 
(lbs/gal/cycle), as determined in section 4.7 of appendix J to subpart 
B of part 430 (when using appendix J).

0
14. Section 431.154 is revised to read as follows:


Sec.  431.154  Test procedures.

    The test procedures for clothes washers in appendix J2 to subpart B 
of part 430 must be used to determine compliance with the energy 
conservation standards at Sec.  431.156(b).

[FR Doc. 2022-10715 Filed 5-31-22; 8:45 am]
BILLING CODE 6450-01-P