[Federal Register Volume 87, Number 246 (Friday, December 23, 2022)]
[Rules and Regulations]
[Pages 78819-78821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27877]



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 Rules and Regulations
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  Federal Register / Vol. 87, No. 246 / Friday, December 23, 2022 / 
Rules and Regulations  

[[Page 78819]]



DEPARTMENT OF ENERGY

10 CFR Part 430

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


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

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

ACTION: Correcting amendments.

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

SUMMARY: On June 1, 2022, the U.S. Department of Energy (``DOE'' or 
``the Department'') published a final rule amending DOE's clothes 
washer test procedures. This document corrects formatting and 
typographical errors and omissions in the regulatory text of that final 
rule. Neither the errors and omissions nor the corrections in this 
document affect the substance of the rulemaking or any conclusions 
reached in support of the final rule.

DATES: Effective December 23, 2022.

FOR FURTHER INFORMATION CONTACT:
    Dr. Carl Shapiro, 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) 287-5649. Email: [email protected].
    Ms. Melanie Lampton, U.S. Department of Energy, Office of the 
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 
20585-0121. Telephone: (240) 751-5157. Email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On June 1, 2022, DOE published a final rule amending DOE's clothes 
washer test procedures (``June 2022 Final Rule''). 87 FR 33316. The 
June 2022 Final Rule amended provisions in DOE's test procedure 
prescribed at title 10 of the Code of Federal Regulations (``CFR'') 
part 430, subpart B, appendix J2 (``appendix J2''); established a new 
test procedure at 10 CFR part 430, subpart B, appendix J (``appendix 
J''); and amended provisions in DOE's 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 10 CFR part 
430, subpart B, appendix J3 (``appendix J3''). DOE is issuing this rule 
to correct certain technical errors and omissions in the June 2022 
Final Rule, specifically appendices J, J2, and J3 of 10 CFR part 430, 
and to assist regulated entities with compliance efforts.

II. Discussion

    As established in the June 2022 Final Rule, section 4 of appendix J 
defines the four energy components (HET, MET, 
DET, and ETLP) \1\ comprising the energy 
efficiency metric. For clothes washers with multiple water fill control 
systems, each of these four components yields a different result for 
each type of water fill control system and therefore must be calculated 
separately for each control type and then averaged, with the average 
value used for the final calculations in section 4, as directed by 
section 3.2.3.5 of appendix J. Specifically, section 3.2.3.5 of 
appendix J specifies that if a clothes washer allows user selection 
among multiple water fill control systems, all water fill control 
systems must be tested and, for each one, each energy consumption and 
water consumption value as set forth in section 4 of appendix J must be 
calculated and averaged across the water fill control systems. The 
average value is then used in the final calculations in section 4 of 
appendix J. But, in the June 2022 Final Rule, the Department 
inadvertently omitted ETLP from the list of variables used 
to calculate energy consumption in section 3.2.3.5 of appendix J. DOE 
is correcting that omission by adding ETLP to the 
parenthetical list of energy consumption parameters in section 3.2.3.5 
of appendix J.
---------------------------------------------------------------------------

    \1\ HET is the total weighted per-cycle hot water 
energy consumption, MET is the total weighted per-cycle 
machine electrical energy consumption, DET is the per-
cycle energy consumption for removal of moisture content from test 
load, and ETLP is the per-cycle combined low-power mode.
---------------------------------------------------------------------------

    In the June 2022 Final Rule, DOE made a typographical error in 
section 3.3 of appendix J, stating that testing is to be performed ``on 
each wash/rinse temperature selection available in the energy test 
cycle was [sic] defined in section 2.12.1 of this appendix.'' 87 FR 
33390. In this document, DOE corrects the word ``was'' to ``as'' in 
section 3.3 of appendix J.
    In the June 2022 Final Rule, DOE expanded Table 5.1 of appendix J2; 
however, the expanded table did not re-print with the two established 
notes \2\ at the end of the table. 87 FR 33402-33403. These two notes 
have been incorporated in Table 5.1 since the table's inclusion in 
appendix J2. Additionally, DOE did not propose their removal during the 
rulemaking process. The regulatory instruction provided for this 
amendment in the June 2022 Final Rule resulted in the inadvertent 
removal of the notes from Table 5.1 of appendix J2. This document 
corrects the omission by adding the two notes at end of the revised 
table.
---------------------------------------------------------------------------

    \2\ Two notes indicate that (1) all test load weights are bone-
dry weights; and (2) allowable tolerance on the test load weights is 
0.10 lbs (0.05 kg).
---------------------------------------------------------------------------

    In the regulatory text of the June 2022 Final Rule, the title and 
the column headings of new Table 8.7 of appendix J3 were mis-printed. 
The title of Table 8.7 inadvertently included an extra line break 
before the variable name provided in parentheses, i.e., 
``(RMCstandard).'' To simplify the table heading, DOE is 
removing the variable name in parentheses in the title of Table 8.7. 
Additionally, the column headers for Table 8.7 list the water soak 
temperature and the spin times used to develop the values presented in 
the table. In the regulatory text of the June 2022 Final Rule, the spin 
time column headers were listed in the wrong order. 87 FR 33405. This 
document corrects the order of the headings in Table 8.7 of appendix 
J3.
    Because this final rule simply corrects errors and omissions in the 
text without making substantive changes, the changes addressed in this 
document are technical in nature.

III. Procedural Issues and Regulatory Review

    DOE has concluded that the determinations made pursuant to the

[[Page 78820]]

various procedural requirements applicable to the June 2022 Final Rule 
remain unchanged for this final rule's technical corrections. These 
determinations are set forth in the June 2022 Final Rule and are 
adopted here. 87 FR 33316, 33375-33379.
    Pursuant to the Administrative Procedure Act, 5 U.S.C. 553(b), DOE 
finds that there is good cause to not issue a separate notice to 
solicit public comment on those technical corrections contained in this 
document. Issuing a separate notice to solicit public comment would be 
impracticable, unnecessary, and contrary to the public interest. As 
explained above, the corrections in this document do not affect the 
substance of the June 2022 Final Rule or any of the conclusions reached 
in support of the final rule. Additionally, given the final rule is a 
product of an extensive administrative record with numerous 
opportunities for public comment, DOE finds additional comment on the 
technical corrections is unnecessary. Therefore, providing prior notice 
and an opportunity for public comment on correcting objective, 
typographical errors and omissions that do not change the substance of 
the test procedure serves no useful purpose.
    Further, this rule correcting typographical errors and omissions 
makes non-substantive changes to the test procedure in the June 2022 
Final Rule. As such, this final rule is not subject to the 30-day delay 
in effective date requirement of 5 U.S.C. 553(d) otherwise applicable 
to rules that make substantive changes.

List of Subjects in 10 CFR Part 430

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

Signing Authority

    This document of the Department of Energy was signed on December 
16, 2022, by Francisco Alejandro Moreno, Acting Assistant Secretary for 
Energy Efficiency and Renewable Energy, U.S. Department of 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 December 19, 2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.

    For the reasons stated in the preamble, DOE corrects part 430 of 
chapter II, subchapter D, of title 10 of the Code of Federal 
Regulations by making the following correcting amendments:

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

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

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


0
2. Appendix J to subpart B of part 430 is amended by:
0
a. Revising section 3.2.3.5; and
0
b. In section 3.3, in the first sentence, removing the words ``was 
defined'' and adding in their place ``as defined''.
    The revision reads 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

* * * * *
    3. * * *
    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, DET, and ETLP) 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, ETLP, and QT) 
and use the average value for each variable in the final 
calculations in section 4 of this appendix.
* * * * *

0
3. Appendix J2 to subpart B of part 430 is amended by adding notes 1 
and 2 following Table 5.1 in section 5 to 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

* * * * *
    5. * * *

Table 5.1--Test Load Sizes

* * * * *

    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).

0
4. Appendix J3 to subpart B of part 430 is amended by revising Table 
8.7 in section 8.7 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

* * * * *
    8. * * *

                                         Table 8.7--Standard RMC Values
----------------------------------------------------------------------------------------------------------------
                                                             RMC percentage
                      ------------------------------------------------------------------------------------------
                                         Warm soak                                    Cold soak
     ``g Force''      ------------------------------------------------------------------------------------------
                            15 min. spin                                  15 min. spin           4 min. spin
                             (percent)        4 min. spin (percent)        (percent)              (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
----------------------------------------------------------------------------------------------------------------


[[Page 78821]]

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[FR Doc. 2022-27877 Filed 12-22-22; 8:45 am]
BILLING CODE 6450-01-P