[Federal Register Volume 88, Number 142 (Wednesday, July 26, 2023)]
[Rules and Regulations]
[Pages 48035-48055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14980]


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DEPARTMENT OF ENERGY

10 CFR Part 430

[EERE-2019-BT-TP-0026]
RIN 1904-AE60


Energy Conservation Program: Test Procedure for Dehumidifiers

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

ACTION: Final rule.

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SUMMARY: The U.S. Department of Energy (``DOE'') is amending its test 
procedure for dehumidifiers to reference the current version of an 
applicable industry standard; change the rating test period to be two 
hours; permit the use of sampling trees in conjunction with an 
aspirating psychrometer or relative humidity sensor; and provide 
additional specification for testing dehumidifiers with network 
capabilities. This rulemaking fulfills DOE's obligation to review its 
test procedures for covered products at least once every seven years.

DATES: The effective date of this rule is August 25, 2023. The 
amendments will be mandatory for product testing starting January 22, 
2024.
    The incorporation by reference of certain material listed in this 
rule is approved by the Director of the Federal Register on August 25, 
2023. The incorporation by reference of certain other materials listed 
in this rule were approved by the Director of the Federal Register as 
of April 6, 2012 and August 31, 2015.

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, not all documents listed in the index may be publicly 
available, such as those containing information that is exempt from 
public disclosure.
    A link to the docket web page can be found at www.regulations.gov/docket/EERE-2019-BT-TP-0026. 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: 
    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].
    Mr. Peter Cochran, U.S. Department of Energy, Office of the General 
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121. 
Telephone: (202) 586-9496. Email: [email protected].

SUPPLEMENTARY INFORMATION: DOE maintains previously approved 
incorporations by reference and incorporates by reference the following 
industry standard into part 430:
    AHAM Standard DH-1-2022, Energy Measurement Test Procedure for 
Dehumidifiers, copyright 2022 (``AHAM DH-1-2022'').
    A copy of AHAM DH-1-2022 can be obtained from the Association of 
Home Appliance Manufacturers (``AHAM''), 1111 19th Street NW, Suite 
402, Washington, DC 20036, (202) 872-5955; or www.aham.org.
    For a further discussion of this standard, 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
    1. Dehumidifier Configuration Definitions
    2. Non-Residential Dehumidifiers
    3. Dehumidifiers With External Heat Rejection
    C. Test Procedure
    1. Relevant Industry Standard
    2. Updates to Industry Standards
    3. Run-In and Pre-Stabilization Periods
    4. Variable-Speed Dehumidifiers
    5. Test Duration
    6. Psychrometer Setup and Instrumentation
    7. Whole-Home Dehumidifiers
    8. Network Functions
    9. Removal of Appendix X
    D. Test Procedure Costs
    1. Reduced Test Period
    2. Sampling Tree
    3. Other Amendments
    E. Effective and Compliance Dates
IV. Procedural Issues and Regulatory Review
    A. Review Under Executive Orders 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
    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

    Dehumidifiers 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. 6293(b)(13); 42 U.S.C. 
6295(cc)) DOE's energy conservation standards and test procedures for 
dehumidifiers are

[[Page 48036]]

currently prescribed at 10 CFR 430.32(v); and 10 CFR part 430, subpart 
B, appendix X (``appendix X'') and appendix X1 (``appendix X1''), 
respectively. The following sections discuss DOE's authority to 
establish test procedures for dehumidifiers and relevant background 
information regarding DOE's consideration of test procedures for this 
product.

A. Authority

    The Energy Policy and Conservation Act, Public Law 94-163, as 
amended (``EPCA''),\1\ authorizes DOE to regulate the energy efficiency 
of a number of consumer products and certain industrial equipment. (42 
U.S.C. 6291-6317) Title III, Part B of EPCA \2\ 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 dehumidifiers, the subject of this 
document. (42 U.S.C. 6291(34); 42 U.S.C. 6293(b)(13); 42 U.S.C. 
6295(cc))
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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.
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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), 
test procedures (42 U.S.C. 6293), labeling provisions (42 U.S.C. 6294), 
energy conservation standards (42 U.S.C. 6295), and the authority to 
require information and reports from manufacturers (42 U.S.C. 6296).
    The testing requirements consist of test procedures that 
manufacturers of covered products must use as the basis for (1) 
certifying to DOE that their products comply with the applicable energy 
conservation standards adopted under EPCA (42 U.S.C. 6295(s)), and (2) 
making other representations about the efficiency of those products (42 
U.S.C. 6293(c)). 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))
    Federal energy efficiency requirements for covered products 
established under EPCA generally supersede State laws and regulations 
concerning energy conservation testing, labeling, and standards. (42 
U.S.C. 6297) 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))
    Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures 
DOE must follow when prescribing or amending test procedures for 
covered products. 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 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))
    EPCA also requires that, at least once every 7 years, DOE evaluate 
test procedures for each type of covered product, including 
dehumidifiers, 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. (42 U.S.C. 
6293(b)(1)(A)(ii))
    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)) 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. Id. Any such amendment must consider the most 
current versions of the IEC 62301 \3\ and IEC Standard 62087 \4\ as 
applicable. Id.
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    \3\ IEC 62301, Household electrical appliances--Measurement of 
standby power (Edition 2.0, 2011-01).
    \4\ 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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    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))

B. Background

    DOE last amended the test procedure for dehumidifiers at appendix X 
on July 31, 2015 (``July 2015 Final Rule''), to provide technical 
clarifications and improve repeatability of the test procedure. 80 FR 
45801. The July 2015 Final Rule also established a new test procedure 
for dehumidifiers at appendix X1 that, among other things, changed the 
test conditions for portable dehumidifiers and established separate 
provisions for testing whole-home dehumidifiers. Id. Manufacturers were 
not required to use appendix X1 until the compliance date of a 
subsequent amendment to the energy conservation standards for 
dehumidifiers. On June 13, 2016, DOE published a final rule 
establishing amended energy conservation standards for dehumidifiers, 
for which compliance, and the use of appendix X1, was required 
beginning June 13, 2019. 81 FR 38337.
    On June 30, 2021, DOE published in the Federal Register an early 
assessment review request for information (``June 2021 RFI'') in which 
it sought data and information regarding issues pertinent to whether an 
amended test procedure would more accurately or fully comply with the 
requirement that the test procedure produces results that measure 
energy use during a representative average use cycle for the product 
without being unduly burdensome to conduct. 86 FR 34640. DOE also 
requested comments on specific topics relevant to the proposed 
dehumidifier test procedure, including updates to industry test 
standards, variable-speed dehumidifiers, psychrometer setup, network 
functions, and ventilation air for whole-home dehumidifiers. Id.

[[Page 48037]]

    On June 9, 2022, DOE published in the Federal Register a notice of 
proposed rulemaking (``June 2022 NOPR'') proposing to reference the 
current version of an applicable industry standard, allow the rating 
test period to be two or six hours, permit the use of a sampling tree 
in conjunction with an aspirating psychrometer or relative humidity 
sensor, and specify for dehumidifiers with network capabilities that 
all network functions must be disabled throughout testing. DOE 
requested comments from interested parties on the proposal. 87 FR 
35286. DOE held a public meeting related to the June 2022 NOPR on July 
12, 2022.
    In response to the June 2022 NOPR, DOE received comments from the 
interested parties listed in Table II.1.

            Table II.1--List of Commenters With Written Submissions in Response to the June 2022 NOPR
----------------------------------------------------------------------------------------------------------------
                                            Reference in this final   Comment No. in
              Commenter(s)                           rule               the Locket          Commenter type
----------------------------------------------------------------------------------------------------------------
Anonymous...............................  Anonymous.................              12  Individual.
Intertek Laboratories...................  Intertek..................              13  Test Laboratory.
Aprilaire, a division of Research         Aprilaire.................              14  Manufacturer.
 Products Corporation.
Madison Indoor Air Quality..............  MIAQ......................              15  Manufacturer.
GE Appliances...........................  GEA.......................              16  Manufacturer.
Association of Home Appliance             AHAM......................              17  Trade Association.
 Manufacturers.
Appliance Standards Awareness Project,    Joint Commenters..........              18  Efficiency Organizations.
 American Council for an Energy-
 Efficient Economy, Consumer Federation
 of America, Natural Resources Defense
 Council, Northwest Energy Efficiency
 Alliance.
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    A parenthetical reference at the end of a comment quotation or 
paraphrase provides the location of the item in the public record.\5\ 
To the extent that interested parties have provided written comments 
that are substantively consistent with any oral comments provided 
during the July 12, 2022 public meeting, DOE cites the written comments 
throughout this final rule. Any oral comments provided during the 
webinar that are not substantively addressed by written comments are 
summarized and cited separately throughout this final rule.
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    \5\ The parenthetical reference provides a reference for 
information located in the docket of DOE's rulemaking to develop 
test procedures for dehumidifiers. (Docket No. EERE-2019-BT-TP-0026, 
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 the test procedures for 
dehumidifiers as follows:
    (1) Incorporate by reference the most recent version of the 
relevant industry test procedure, AHAM DH-1-2022, ``Energy Measurement 
Test Procedure for Dehumidifiers'';
    (2) Amend the definitions at 10 CFR 430.2 for ``portable 
dehumidifier'' and ``whole-home dehumidifier'' to reference the 
manufacturer instructions available to a consumer as they relate to the 
ducting configuration and installation;
    (3) Change the rating test period in sections 4.1.1, 4.1.2, and 5.4 
of appendix X1 to 2 hours;
    (4) Add a provision in section 3.1.1.2 of appendix X1 allowing for 
the use of a sampling tree for all dehumidifier tests; and
    (5) Add a requirement in section 3.1.2.4 of appendix X1 that 
dehumidifiers be tested in accordance with Section 5.5 of AHAM DH-1-
2022, including with the network functions in the ``off'' position if 
it can be disabled by the end-user; otherwise test in the factory 
default setting.
    (6) Remove appendix X and references to appendix X at 10 CFR 430.3 
and 10 CFR 430.23.
    The adopted amendments are summarized in Table II.1 compared to the 
test procedure provision prior to the amendment, as well as the reason 
for the adopted change.

      Table II.1--Summary of Changes in the Amended Test Procedure
------------------------------------------------------------------------
 DOE test procedure prior to the     Amended test
            amendment                  procedure          Attribution
------------------------------------------------------------------------
Incorporates by reference ANSI/   Incorporates by     Updated industry
 AHAM DH-1-2008.                   reference AHAM DH-  test method.
                                   1-2022.
Defines ``portable                Defines ``portable  Improve clarity of
 dehumidifier'' and ``whole-home   dehumidifier''      definitions to
 dehumidifier'' based on design    and ``whole-home    provide added
 intent.                           dehumidifier'' by   specificity to
                                   reference to the    product
                                   manufacturer        definitions.
                                   instructions and
                                   operational
                                   capabilities.
Does not allow for the use of a   Adds provision to   Improve test
 sampling tree for a               allow for the use   procedure
 dehumidifier with a single        of a sampling       repeatability and
 process air intake grille.        tree for all        reproducibility.
                                   tests.
Specifies a test period of 6      Specifies a test    Reduce test burden
 hours for dehumidification mode.  period of 2 hours   while maintaining
                                   for                 representativenes
                                   dehumidification    s.
                                   mode.
Does not explicitly address       Adds a requirement  Ensure test
 dehumidifiers with network        to test             procedure
 functions.                        dehumidifiers       reproducibility.
                                   that offer
                                   network functions
                                   with the network
                                   functions in the
                                   ``off'' position
                                   if it can be
                                   disabled by the
                                   end-user;
                                   otherwise test in
                                   the factory
                                   default setting.
Subpart B contains appendix X     Removes appendix X  Remove obsolete
 and appendix X1.                                      test procedure.

[[Page 48038]]

 
10 CFR 430.3 includes materials   Removes materials   Remove obsolete
 incorporated by reference for     incorporated by     test procedure
 appendix X.                       reference for       references.
                                   appendix X.
10 CFR 430.23(z) specifies        Removes appendix X  Remove obsolete
 instructions for determining      instructions at     test procedure
 capacity and efficiency using     10 CFR 430.23(z).   references.
 appendix X or appendix X1.
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    DOE has determined that the amendments described in section III of 
this document and adopted in this document will not alter the measured 
efficiency of dehumidifiers or require retesting or recertification 
solely as a result of DOE's adoption of the amendments to the test 
procedures. Additionally, DOE has determined that the amendments will 
not increase the cost of testing. DOE's actions are addressed in detail 
in section III of this document.
    The effective date for the amended test procedures 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 test procedures 
beginning 180 days after the publication of this final rule.

III. Discussion

    In the following sections, DOE provides certain amendments to its 
test procedures for dehumidifiers. For each amendment, DOE provides 
relevant background information and discusses relevant public comments.

A. General Comments

    In response to the June 2022 NOPR, DOE received the following 
general comments regarding the proposed changes to the test procedure.
    According to an anonymous commenter, the amended test procedure 
should require the same level of rigor as the current one. (Anonymous, 
No. 12 at p. (1)
    DOE has evaluated the changes to the test procedure adopted in this 
rulemaking and determined that they will not adversely affect test 
procedure representativeness or reproducibility and will not be unduly 
burdensome to conduct.
    AHAM stated that the overlapping comment periods for this test 
procedure rulemaking and the preliminary technical support document 
from the dehumidifier energy conservation standards rulemaking posed a 
challenge to manufacturers seeking to evaluate both documents. AHAM 
stated that DOE should fully receive stakeholder comments on the test 
procedure before proceeding with the energy conservation standards 
rulemaking. AHAM commented that the current process diminishes the 
value of stakeholder engagement early in the process. (AHAM, No. 17 at 
pp. 4-5)
    MIAQ supported the finalization of changes to the test procedure 
before undertaking a new standards rulemaking. (MIAQ, No. 15 at p. 10)
    Section 8(d)(1) of appendix A to 10 CFR part 430, subpart C 
(``appendix A'') 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. 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 new or amended standards.

B. Scope of Applicability

    EPCA defines a dehumidifier as a self-contained, electrically 
operated, and mechanically encased assembly consisting of (1) a 
refrigerated surface (evaporator) that condenses moisture from the 
atmosphere; (2) a refrigerating system, including an electric motor; 
(3) an air-circulating fan; and (4) a means for collecting or disposing 
of the condensate. (42 U.S.C. 6291(34)) In the July 2015 Final Rule, 
DOE codified a regulatory definition of ``dehumidifier'' that clarified 
the definition by excluding products that may provide condensate 
removal or latent heat removal as a secondary function. 80 FR 45801, 
45805. DOE, therefore, adopted a definition that explicitly excluded 
portable air conditioners, room air conditioners, and packaged terminal 
air conditioners, because these are products that may provide 
condensate removal or latent heat removal as a secondary function.
    Consumer products meeting the definition of ``dehumidifier'' as 
codified at 10 CFR 430.2 are subject to DOE's regulations for testing, 
certifying, and complying with energy conservation standards.
    In the July 2015 Final Rule, DOE established definitions for two 
groups of dehumidifiers: ``portable dehumidifiers'' and ``whole-home 
dehumidifiers.'' 80 FR 45801, 45805. A ``portable dehumidifier'' is a 
dehumidifier designed to operate within the dehumidified space without 
ducting (although means may be provided for optional duct attachment). 
10 CFR 430.2. A ``whole-home dehumidifier'' is a dehumidifier designed 
to be installed with ducting to deliver return process air to its inlet 
and dehumidified process air to one or more locations in the 
dehumidified space. Id. The July 2015 Final Rule also established a 
definition for ``refrigerant-desiccant dehumidifier'' to mean a whole-
home dehumidifier that removes moisture from the process air by means 
of a desiccant material in addition to a refrigeration system. Id.
1. Dehumidifier Configuration Definitions
    As stated, a whole-home dehumidifier is designed to be installed 
with ducting while a portable dehumidifier is designed to operate 
without the attachment of additional ducting, although a means may be 
provided for optional duct attachment [emphasis added]. In the June 
2022 NOPR, DOE stated that the ``designed to'' wording in these 
definitions may imply that DOE makes subjective determinations about 
how a dehumidifier is categorized, which may lead to confusion. 87 FR 
35286, 35291. DOE proposed to amend the portable dehumidifier and 
whole-home dehumidifier definitions to instead reference manufacturer 
instructions available to a consumer as they relate to the ducting 
configuration. Id. Specifically, DOE proposed to define a portable 
dehumidifier as a dehumidifier that, in accordance with any 
manufacturer instructions available to a consumer, operates within the 
dehumidified space without the attachment of additional ducting, 
although means may be provided for optional duct attachment. Id. DOE 
proposed to define a whole-home dehumidifier as a dehumidifier that, in 
accordance with any manufacturer

[[Page 48039]]

instructions available to a consumer, operates with ducting to deliver 
return process air to its inlet and to supply dehumidified process air 
from its outlet to one or more locations in the dehumidified space. Id. 
DOE also proposed not to delineate a definition for ``crawlspace 
dehumidifiers,'' as suggested by commenters, because of concerns that 
such a definition would not only reduce regulatory transparency but 
also create challenges for enforcement. Id.
    The anonymous commenter supported the use of clear product 
categories for dehumidifiers and specifically supported DOE's decision 
not to create a ``crawlspace dehumidifier'' definition. The commenter 
stated that new dehumidifier definitions that do not represent true 
differences between units could lead to new retail price tiers, which 
would negatively affect the secondary market. (Anonymous, No. 12 at p. 
1)
    MIAQ proposed that DOE change the configuration names from portable 
dehumidifier and whole-home dehumidifier to ``ductless dehumidifier'' 
and ``ducted dehumidifier,'' respectively. MIAQ stated that these 
changes to the definition would reduce market and regulatory confusion 
and result in more units being tested using the most representative 
conditions. MIAQ commented that its proposed ``ductless'' definition 
would eliminate confusion around dehumidifiers intended for crawlspace 
use, as these units meet the DOE definition of a portable dehumidifier 
because manufacturers provide instructions for operation without 
ducting, but industry stakeholders consider the units to be different 
from portable dehumidifiers because they are often hung from joists or 
placed in inaccessible areas. (MIAQ, No. 15 at pp. 2-3)
    DOE notes that the currently applicable definition in 10 CFR 430.2, 
as well as the definition proposed in the June 2022 NOPR and finalized 
in this final rule, for ``portable dehumidifier'' expressly states that 
such a dehumidifier is designed to operate within the dehumidified 
space without ducting (although means may be provided for optional duct 
attachment), thereby providing as much clarity in determining product 
classification on the basis of duct configuration as would MIAQ's 
proposed term ``ductless dehumidifier.'' Similarly, the definition of 
``whole-home dehumidifier'' states that it is designed to be installed 
with ducting (i.e., is a ``ducted dehumidifier''). Further, the 
``portable'' and ``whole-home'' dehumidifier categories are widely 
known and used in industry and are the basis of the current DOE energy 
conservation standards. Additionally, the installation circumstances of 
portable dehumidifiers mounted between joists do not in themselves 
necessitate a change in test approach, as the portable dehumidifier 
test conditions and test setup are representative of typical conditions 
encountered by dehumidifiers without installed ducting. For these 
reasons, DOE is maintaining the current nomenclature of ``whole-home'' 
and ``portable'' dehumidifiers in this final rule.
    MIAQ also suggested that DOE remove the words ``to deliver return 
process air to its inlet and'' from the whole-home dehumidifier 
definition because whole-home dehumidifiers may be installed such that 
they draw air from a single space, such as a basement or hallway, 
rather than from the heating, ventilation, and air conditioning 
(``HVAC'') return air supply. MIAQ said that if DOE removed ``to 
deliver return process air to its inlet and'' from the whole-home 
dehumidifier definition, it would suggest that some whole-home 
dehumidifiers typically operate with inlet air conditions of 65 degrees 
Fahrenheit (``[deg]F'') and 60 percent relative humidity. (MIAQ, No. 15 
at pp. 3-4)
    DOE recognizes that whole-home dehumidifiers may be installed in 
various ducting configurations, as specified by manufacturers. These 
include installation with inlet ducting connected to the HVAC supply, 
as well as other sources of return air, (e.g., return air from a 
centrally located area of the structure, as identified by MIAQ in their 
comment), or other areas. DOE notes that whole-home dehumidifier 
configurations that include ducting from either the HVAC return or from 
other central locations in the dwelling both meet the existing whole-
home dehumidifier definition, as these units ``operate with ducting'' 
to collect return process air and supply dehumidified process air from 
its outlet. As discussed in the June 2015 Final Rule, DOE considers an 
inlet air temperature of 73 [deg]F, representing a whole-home 
dehumidifier ducted to an HVAC return air supply, to be the most 
representative test configuration for whole-home dehumidifiers. 80 FR 
45802, 45811. In this way, DOE's whole-home dehumidifier test procedure 
determines performance in the most representative configuration and 
with the most representative test conditions. Therefore, in this final 
rule, DOE is making no further amendments to the whole-home 
dehumidifier definition beyond those proposed in the June 2022 NOPR and 
discussed previously.
2. Non-Residential Dehumidifiers
    In the June 2022 NOPR, DOE responded to comments suggesting that 
DOE clarify how the current dehumidifier definitions apply to non-
residential dehumidifiers, such as horticultural dehumidifiers. 87 FR 
35286, 35291. With respect to horticultural dehumidifiers and other 
dehumidifiers marketed for non-residential applications, DOE noted that 
dehumidifiers are ``consumer products.'' Id. EPCA defines a ``consumer 
product'' as any article (other than an automobile, as defined in 
section 32901(a)(3) of title 49) of a type (A) which in operation 
consumes, or is designed to consume, energy or, with respect to 
showerheads, faucets, water closets, and urinals, water; and (B) which, 
to any significant extent, is distributed in commerce for personal use 
or consumption by individuals; without regard to whether such article 
of such type is in fact distributed in commerce for personal use or 
consumption by an individual. (42 U.S.C. 6291(1)) Accordingly, DOE 
stated in the June 2022 NOPR that to the extent that a dehumidifier 
model is of a type distributed in commerce for personal use or use by 
an individual, it would be within the scope of the dehumidifier test 
procedure, regardless of how they are marketed and whether they are 
distributed for personal or individual use. 87 FR 35286, 35291.
    MIAQ also commented that the use of ``portable'' in the ``portable 
dehumidifier'' definition could lead to confusion regarding the 
applicability of appendix X1 to fire and flood remediation 
dehumidifiers, which are portable but not intended for consumer use. 
Further, MIAQ stated that changing the name of ``whole-home 
dehumidifiers'' to ``ducted dehumidifiers'' would clearly indicate that 
this product category is intended to be ducted dehumidifier whether 
that unit is ducted into a home, apartment, or light commercial space 
or any other space units in the product category can be found. (MIAQ, 
No. 15 at pp. 2-3)
    In response to MIAQ, DOE reiterates its discussion from the June 
2022 NOPR that with respect to dehumidifiers marketed for non-
residential applications, such as horticultural, flood and fire 
remediation, and light commercial uses, to the extent that a 
dehumidifier model is of a type that is, to any significant extent, 
distributed in commerce for personal use or use by an individual, it 
would meet the definition of ``dehumidifier'' and would be within

[[Page 48040]]

the scope of the dehumidifier test procedure in accordance with the 
definition of a consumer product in 42 U.S.C. 6291(1)(B), regardless of 
how it is marketed and whether the model is distributed for personal or 
individual use. To the extent that dehumidifiers marketed for non-
residential applications do not meet the definition of consumer 
product, such as dehumidifiers that are connected exclusively to three-
phase power that is not present in U.S. households, they are excluded 
from the DOE test procedure. DOE has not received any information from 
commenters about specific features or designs that would differentiate 
horticultural, fire and flood remediation, or non-residential 
dehumidifiers from those within the scope of the DOE test procedure. 
DOE has published guidance on making ``of a type'' determinations at 
www.energy.gov/gc/enforcement-policies-and-statements, ``Guidance 
Concerning Consumer/Commercial Distinction.'' A manufacturer may submit 
a petition to waive any test procedure requirements if it believes that 
its dehumidifier contains one or more design characteristics that 
either (1) prevent testing of the basic model according to the 
prescribed test procedure; or (2) cause the prescribed test procedure 
to evaluate the dehumidifier in a manner so unrepresentative of its 
true energy and/or water consumption characteristics as to provide 
materially inaccurate comparative data. 10 CFR 430.27(a). The petition 
should suggest an alternative method for testing the basic models 
identified in the waiver. 10 CFR 430.27(b)(1)(iii).
3. Dehumidifiers With External Heat Rejection
    In the June 2022 NOPR, DOE responded to a comment from MIAQ 
suggesting that DOE consider a definition that includes dehumidifiers 
with external heat rejection, which MIAQ described as units that 
provide cool, dry air as an air conditioner does, except that the focus 
is on obtaining the proper level of dehumidification first, and cooling 
is a by-product of the process. 87 FR 35286, 35290. In response, DOE 
explained that the primary function of an air conditioner is to provide 
cooling by removing both sensible and latent heat, whereas a 
dehumidifier is intended to remove only latent heat. Id. Accordingly, 
portable air conditioners, room air conditioners, and packaged terminal 
air conditioners are explicitly excluded in the existing definition of 
``dehumidifier.'' These explicit exclusions include the unitary air 
conditioning products of concern to MIAQ. Id. Any other non-
dehumidifier product on the market that would meet the definition of 
``dehumidifier'' is already explicitly excluded. Id. Accordingly, DOE 
tentatively determined that the explicit exclusions in the regulatory 
definition of dehumidifier already address MIAQ's concern and therefore 
did not propose to add any such exclusions to the dehumidifier 
definition. Id.
    In response to the June 2022 NOPR, MIAQ recommended that DOE revise 
the dehumidifier definition by replacing the wording ``that is self-
contained'' with ``that is predominately intended to remove latent 
heat.'' MIAQ commented that this change would acknowledge that there 
are dehumidifiers that include external heat rejection with an outdoor 
condenser and that these products provide cooling but, because their 
primary purpose is dehumidification, they should be considered 
dehumidifiers. MIAQ asserted that adding this phrase to the 
dehumidifier definition would clarify that units with a primary 
function of dehumidification should be certified as dehumidifiers. 
(MIAQ, No. 15 at p. 2)
    Following a review of the market, DOE is not aware of any 
residential dehumidifiers on the market that are not self-contained. 
With respect to latent heat removal, DOE reiterates its discussion from 
the June 2022 NOPR that the primary function of an air conditioner is 
to provide cooling by removing both sensible and latent heat, whereas a 
dehumidifier is intended to remove only latent heat. 87 FR 35286, 
35290. The dehumidifier definition explicitly excludes portable air 
conditioners, room air conditioners, and packaged terminal air 
conditioners to ensure that other non-dehumidifier products on the 
market that would meet the definition of ``dehumidifier'' but primarily 
provide cooling, do not meet the definition. These explicit exclusions 
limit the dehumidifier definition to units that primarily remove latent 
heat, instead of both sensible and latent heat. Accordingly, DOE has 
determined that the explicit exclusions in the regulatory definition of 
dehumidifier found in 10 CFR 430.2 already address MIAQ's concern. 
Therefore, DOE is not adding exclusions to the dehumidifier definition 
in this final rule.

C. Test Procedure

    Dehumidifiers are currently tested in accordance with appendix X1, 
which adopts certain text provisions from ANSI/AHAM DH-1-2008, with 
modification. In part, the DOE test procedure specifies a different 
dry-bulb temperature (65 [deg]F for portable dehumidifiers and 73 
[deg]F for whole-home dehumidifiers) than ANSI/AHAM DH-1-2008, while 
still maintaining the relative humidity specified by ANSI/AHAM DH-1-
2008, and specifies provisions for inactive, off-cycle, and off mode 
testing. See sections 4.1.1 and 3.2 of appendix X1. Appendix X1 also 
includes instructions regarding instrumentation, condensate collection, 
control settings, setup, and ducting for whole-home dehumidifiers. See 
sections 3.1.2.2; 3.1.1.4; 3.1.1.5; 3.1.1.1; and 3.1.3 of appendix X1.
    Under the current test procedure, a unit's capacity is the volume 
of water, in pints, the unit removes from the ambient air per day, 
normalized to a standard ambient temperature and relative humidity. See 
section 2.14 of appendix X1. The integrated energy factor (``IEF''), 
representing the efficiency of the unit expressed in liters per 
kilowatt-hour, is the ratio between the capacity and the combined 
amount of energy consumed by the unit in dehumidification mode and 
standby and/or off mode(s), adjusted for the representative number of 
hours per year spent in each mode. See section 5.4 of appendix X1.
1. Relevant Industry Standard
    Intertek recommended that the DOE test procedure reference ANSI/
American Society of Heating, Refrigerating and Air-Conditioning 
Engineers (``ASHRAE'') 37 rather than ANSI/AMCA 210, as Intertek 
believes that ANSI/ASHRAE 37 is more appropriate and accurate for 
dehumidifiers. (Intertek, No. 13 at p. 1)
    DOE has reviewed ANSI/ASHRAE 37-2009 (reaffirmed in 2019) and found 
it to be largely consistent with the requirements from ANSI/AMCA 210, 
used in appendix X1. DOE was not able to identify provisions in ANSI/
ASHRAE 37 that would improve the representativeness or reproducibility 
of the whole-home dehumidifier test procedure, and Intertek did not 
identify which provisions in ANSI/ASHRAE 37 are more appropriate for 
the test procedure. Without additional information and given the 
overall general consistency between the two standards, DOE is 
maintaining ANSI/AMCA 210 as the test standard referenced in appendix 
X1 for whole-home dehumidifiers.
2. Updates to Industry Standards
    As discussed, the dehumidifier test procedure at appendix X1 
references ANSI/AHAM DH-1-2008, an industry test procedure for 
dehumidifiers, with modification. While ANSI/AHAM DH-

[[Page 48041]]

1-2008 provides instructions for testing portable dehumidifiers, 
appendix X1 also references ANSI/AHAM DH-1-2008 when specifying test 
setup and instrumentation requirements for whole-home dehumidifiers. In 
2017, AHAM published a revision to AHAM DH-1, (i.e., AHAM DH-1-2017), 
which established provisions for testing dehumidifier energy use in 
off-cycle, inactive, and off modes, and for including energy 
consumption in those modes in efficiency calculations. AHAM DH-1-2017 
also added guidance for instrumentation setup, multiple air-intakes, 
and control settings; lowered air temperature; and tightened 
tolerances. Specifically, AHAM DH-1-2017 lowered the standard dry-bulb 
temperature condition for dehumidifiers from 80 [deg]F (as in ANSI/AHAM 
DH-1-2008) to 65 [deg]F (with the required wet-bulb temperature 
changing accordingly to maintain the same relative humidity) and 
tightened the maximum allowed variation for dry-bulb and wet-bulb 
temperature readings from 2.0 [deg]F to 1.0 [deg]F and from 1.0 [deg]F 
to 0.5 [deg]F, respectively. In the June 2022 NOPR, DOE requested 
comment on the proposal to incorporate AHAM DH-1-2017 by reference.
    DOE also noted in the June 2022 NOPR that the AHAM DH-1 task force 
had released a publicly available draft version of the updated 
standard, AHAM DH-1-2022, on March 30, 2022, but had not yet finalized 
the standard. DOE had reviewed the changes to AHAM DH-1-2017 made in 
the draft and either proposed to adopt the changes or raised them for 
comment in the NOPR. DOE also stated that if AHAM DH-1-2022 was 
finalized during the course of this rulemaking, DOE would consider 
adopting that updated version in the final rule to the extent it is 
consistent with the discussions presented in the NOPR. 87 FR 35286, 
35292 (See also Public Meeting Transcript, No. 11 at pp. 8-10).
    MIAQ supported DOE's proposal to incorporate AHAM DH-1-2017 by 
reference. (MIAQ, No. 15 at p. 4)
    AHAM recommended that DOE adopt a more recently updated version of 
AHAM DH-1, (i.e., AHAM DH-1-2022), resulting from cooperation between 
AHAM, DOE, and efficiency advocates. AHAM noted that AHAM DH-1-2022 
addresses many of the issues that DOE raised in the June 2022 NOPR and 
is consistent with EPCA's requirements that an amended test procedure 
be reasonably designed to produce test results that represent an 
average period of use and not unduly burdensome to conduct. (AHAM, No. 
17 at pp. 1-2)
    AHAM DH-1-2022 was finalized and published on December 12, 2022. 
DOE has reviewed AHAM DH-1-2022 and found it is reasonably designed to 
produce test results that represent an average period of use and not 
unduly burdensome to conduct, and is therefore incorporating by 
reference this version of the industry standard with the following 
exceptions: the test duration, as discussed in section III.C.5 of this 
document; the sampling tree requirements in section 8.4 of the 
standard, as discussed in section III.C.6 of this document; and the 
run-in period and pre-stabilization period requirements in sections 5.6 
and 5.7 of the standard, discussed in the section that follows. DOE 
further found that the provisions it is adopting in this final rule are 
consistent with the 2017 edition of the standard and the discussions 
presented in the June 2022 NOPR. of these exceptions and DOE's 
amendments to the AHAM DH-1-2022 approach that are adopted in this 
final rule are discussed below in the relevant sections.
3. Run-In and Pre-Stabilization Periods
    Section 3.1.1.6 of the current appendix X1 requires a run-in 
period, during which the compressor operates for a cumulative total of 
at least 24 hours prior to dehumidification mode testing, consistent 
with ANSI/AHAM DH-1-2008 and AHAM DH-1-2017. AHAM DH-1-2022 adds new 
requirements for the run-in period in section 5.6 of the standard, 
namely that the dehumidifier shall not be exposed to temperatures less 
than 62 [deg]F during the run-in period, and that after the run-in 
period, the unit must be inactive for 4 hours before the beginning of 
the pre-stabilization period; a pre-stabilization period was also newly 
introduced in AHAM DH-1-2022. The new pre-stabilization period, 
discussed in section 5.7 of AHAM DH-1-2022, takes place between the 
time a unit is turned on in the test chamber and the start of the 30-
minute stabilization period. AHAM DH-1-2022 also specifies that the 
dehumidifier must not be exposed to temperatures less than 62 [deg]F 
during the pre-stabilization period.
    While not explicitly discussed in AHAM DH-1-2022, it is DOE's 
understanding through participation in the process to develop AHAM DH-
1-2022 that these new provisions in AHAM DH-1-2022 are intended to 
ensure that there is no frost build-up on the evaporator coils prior to 
testing, which could directly reduce performance during the test or 
result in periods of defrost during which a test unit may shut off the 
compressor, resulting in further reduction in measured efficiency and 
performance.
    DOE has evaluated the additional test burden that would be 
associated with the new provisions in AHAM DH-1-2022. These new 
requirements in AHAM DH-1-2022 would increase the total time required 
to test a dehumidifier by 4 hours compared to the current testing time 
of approximately 30 hours. Furthermore, ensuring that the ambient 
temperature remains above 62 [deg]F during the run-in period and pre-
stabilization period could require that the run-in period be conducted 
in a different location in the laboratory that has better temperature 
controls and monitoring rather than the current locations within the 
test laboratory where they may be currently performed.
    DOE has conducted an evaluation to determine whether the new 
requirements in AHAM DH-1-2022 would satisfy the EPCA criteria that 
test procedures produce test results that measure energy efficiency, 
energy use, or estimated annual operating cost of a covered product 
during a representative average use cycle or period of use, without 
being unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) 
Specifically, DOE reviewed testing that was conducted in support of 
this rulemaking to determine whether the addition of the pre-
stabilization period and the temperature requirement for the run-in 
period would improve the representativeness of test results. DOE's 
review of its test data indicates that the 30-minute stabilization 
period conducted in the chamber at the test temperature of 65 [deg]F, 
during which all conditions are maintained and the test unit operates 
in a stable manner, is sufficient to produce test results that measure 
the energy use of a dehumidifier during a representative average use 
cycle or period of use, as none of the dehumidifiers tested entered 
defrost operation at any time during the test. Because DOE does not 
expect frost to develop during testing that would necessitate a defrost 
operation, the additional test time and test requirements would not 
change the performance measured by the test procedure. Furthermore, as 
discussed in section III.C.5 of this document, DOE considers defrost 
operation in dehumidifiers to be uncharacteristic of typical 
dehumidifier operation at the 65 [deg]F test condition. Based on this 
evaluation, DOE has determined that the new requirements in AHAM DH-1-
2022 would not provide an improvement in representativeness 
commensurate with the additional test burden that would be imposed, and

[[Page 48042]]

therefore would be unduly burdensome. As the new AHAM DH-1-2022 run-in 
and pre-stabilization requirements do not conflict with the current 
appendix X1 requirements, manufacturers may choose to test units in 
accordance with the AHAM DH-1-2022 run-in and pre-stabilization 
requirements and still comply with the DOE test procedure. Therefore, 
DOE is maintaining the current appendix X1 run-in period requirements 
in this final rule.
4. Variable-Speed Dehumidifiers
a. Variable-Speed Compressors
    Some dehumidifiers available on the U.S. market incorporate 
variable-speed compressors (i.e., ``variable-speed dehumidifiers''). A 
variable-speed compressor can operate at a variety of speeds rather 
than just the single speed achievable by conventional compressors. A 
single-speed compressor cycles on and off during operation, which can 
introduce inefficiencies in performance often referred to as ``cycling 
losses,'' whereas a variable-speed compressor is able to adjust its 
speed up or down during operation, thereby reducing or eliminating 
cycling losses. Variable-speed dehumidifiers may avoid condensate re-
evaporation into the ambient room air, which can occur when a 
dehumidifier cycles off its compressor but not its fan during off-cycle 
mode. The current test procedure in appendix X1 does not capture any 
``cycling losses'' for single-speed dehumidifiers (nor, conversely, 
does it capture the avoidance of such losses for variable-speed 
dehumidifiers) because the test unit operates at full capacity 
throughout the test.
    In the June 2022 NOPR, DOE evaluated whether the avoidance of 
``cycling losses'' for variable-speed dehumidifiers provides 
significant energy savings that should be captured by the test 
procedure, as in the case of room air conditioners and portable air 
conditioners. Based on DOE's evaluation, and consistent with the points 
raised by commenters, DOE tentatively determined in the June 2022 NOPR 
that variable-speed dehumidifiers may not be able to achieve 
significant efficiency gains over single-speed units, given that 
dehumidifiers must maintain evaporator temperatures below the dew point 
to efficiently remove water from the air. 87 FR 35286, 35293. DOE 
noted, however, that there could be some efficiency gains if the 
variable-speed compressor is inherently more efficient. DOE requested 
information and data regarding any efficiency and performance benefits 
associated with variable-speed dehumidifiers, both generally and 
relative to those with single-speed dehumidifiers. Id.
    DOE did not receive additional information and data regarding any 
efficiency and performance benefits associated with variable-speed 
dehumidifiers and therefore is not adopting additional test procedure 
provisions to address their operation.
b. Multiple Test Conditions
    The current test procedure specified in appendix X1 requires one 
test condition for each category of dehumidifier: a dry-bulb 
temperature of 65 [deg]F for portable dehumidifiers and 73 [deg]F for 
whole-home dehumidifiers. See section 4.1.1 of appendix X1.
    In the June 2022 NOPR, in response to comments submitted by 
interested parties, DOE considered expanding the portable dehumidifier 
test to three test conditions. 87 FR 35286, 35296-35297. DOE discussed 
its findings through investigative testing that a three-temperature-
condition approach resulted in no substantive improvement in 
representativeness compared to the current test procedure that uses a 
single temperature condition. Id. Accordingly, DOE tentatively 
determined that the increase in test burden associated with requiring 
multiple test conditions would not be justified, and DOE did not 
propose any new test conditions in the June 2022 NOPR. Id.
    Aprilaire supported maintaining a single-temperature-condition test 
procedure for each dehumidifier configuration. Aprilaire stated that 
additional test conditions would result in unwarranted test burden in 
the form of lengthened product design cycles and added quality control 
costs. (Aprilaire, No. 14 at p. 1)
    MIAQ stated that a three-temperature-condition test would be more 
representative of the average period of use for a dehumidifier and 
supported expanding the number of test conditions required. MIAQ noted 
that dehumidifiers can have a variety of inlet process air conditions 
depending on their installation configuration or placement within a 
home. MIAQ stated that more test conditions would provide additional 
information to consumers and industry stakeholders while not 
constituting an unnecessary test burden. (MIAQ, No. 15 at pp. 4-5)
    As discussed in the June 2022 NOPR, while dehumidifiers may 
encounter temperatures between 55 [deg]F and 80 [deg]F depending on 
their installation and operating conditions, DOE's investigative 
testing showed that when additional test conditions were added and 
performance at these test conditions was weighted based on the 
operating hours DOE expected at each test condition, the resulting 
efficiency corresponded very closely to the measured efficiency at 65 
[deg]F using the existing test procedure. 87 FR 35286, 35296-35297. 
This result suggests that the current single test condition already 
produces a measure of efficiency that is representative of dehumidifier 
performance across the range of temperature conditions it may 
encounter. Therefore, DOE maintains its conclusion that the weighted-
average performance based on additional test conditions is not 
substantively different than the performance represented by the current 
single-temperature-condition test procedure. Accordingly, DOE has 
determined that the additional test burden that would be associated 
with a three-temperature-condition test would be unduly burdensome. 
Therefore, in this final rule, DOE is maintaining the existing single-
temperature-condition test approach in appendix X1.
c. Load-Based Test
    Under the current test procedure, temperature and humidity 
conditions are held constant throughout the test (i.e., a steady-state 
test). As such, the test unit operates at full capacity throughout the 
duration of the test.
    In the July 2015 Final Rule, DOE considered a load-based test for 
dehumidifiers, which would capture cycling behavior in dehumidifiers 
with single-speed compressors or compressor speed modulation for 
variable-speed dehumidifiers. The load-based test would involve adding 
moisture to the test chamber at a fixed rate and allowing the control 
system of the dehumidifier to respond to changing moisture levels in 
the room. 80 FR 45801, 45809. DOE determined not to adopt a load-based 
test for the dehumidifier test procedure in the July 2015 Final Rule, 
due to concerns about the potential increase in test burden. Id. at 80 
FR 45810.
    In the June 2022 NOPR, DOE presented the results of investigative 
testing using a load-based approach. 87 FR 35286, 35298-35299. The 
testing did not show that variable-speed dehumidifiers were more 
efficient than single-speed dehumidifiers. This finding corresponded 
with the evaluation discussed above that variable-speed dehumidifiers 
do not have any unique efficiency benefits over single-speed 
dehumidifiers. In the June 2022 NOPR, DOE tentatively concluded that 
load-based testing was not appropriate for appendix X1 because the 
increases in test burden were not justified by improvements in test 
representativeness. Id.

[[Page 48043]]

    Aprilaire agreed that load-based testing should not be implemented 
in appendix X1 due to novel testing challenges associated with load-
based testing. Aprilaire stated that overcoming these challenges would 
represent a significant test burden and could limit competition because 
smaller manufacturers may not be able to conduct load-based testing. 
(Aprilaire, No. 14 at pp. 1-2)
    MIAQ stated that it does not produce dehumidifiers with variable-
speed dehumidifiers. MIAQ commented that the most efficient way to 
operate a dehumidifier is to operate at full capacity and that 
reductions in dehumidification capacity due to variable-speed operation 
are hard for users to perceive and have little effect on mold or mildew 
control. Because variable-speed dehumidifiers offer little consumer 
benefit, MIAQ stated that load-based testing would constitute an 
unnecessary test burden. (MIAQ, No. 15 at pp. 5-6)
    The anonymous commenter supported load-based testing. (Anonymous, 
No. 12 at p. 1)
    The Joint Commenters encouraged DOE to continue investigating load-
based testing for dehumidifiers. While DOE did not find that load-based 
testing captured any unique efficiency of variable-speed dehumidifiers, 
the Joint Commenters noted that the discrepancy between the performance 
of the single-speed and variable-speed units under load-based testing 
suggests that the current DOE test procedure may overestimate the real-
world efficiency of variable-speed units. (Joint Commenters, No. 18 at 
pp. 1-2; Appliance Standards Awareness Project, Public Meeting 
Transcript, No. 11 at pp. 25-26)
    DOE's testing showed that as the moisture load (i.e., the rate at 
which moisture was introduced to the test room) decreased below the 
full-load dehumidification capacity of the dehumidifiers tested, the 
efficiency of both the single-speed and variable-speed dehumidifiers 
decreased. As the load decreased, the efficiency of the variable-speed 
dehumidifier decreased by a greater amount than for the single-speed 
dehumidifier, contrary to any initial expectation that the variable-
speed dehumidifier would operate more efficiently than the single-speed 
dehumidifier at reduced loads. 87 FR 35286, 35299. This result 
confirmed DOE's understanding that variable-speed dehumidifiers do not 
offer efficiency benefits relative to single-speed dehumidifiers. 
However, the finding that the variable-speed dehumidifier performed 
less efficiently than the single-speed dehumidifier at the same 
conditions was unexpected, given DOE's understanding that variable-
speed and single-speed dehumidifiers typically operate in the same 
manner in real-world conditions (i.e., cycling the compressor on and 
off to maintain the relative humidity setpoint). This result from 
testing a single variable-speed and single-speed dehumidifier suggests 
that future investigation may be warranted to better understand any 
differences between variable-speed and single-speed dehumidifier 
performance at such time that additional variable-speed dehumidifiers 
are available for testing.
    AHAM requested that DOE provide test data from load-based testing 
on the record, along with details of the load-based test procedure 
used. Specifically, AHAM requested data regarding the test conditions 
(dry-bulb temperature, etc.), general information about test setup 
including dehumidifier set point, use of manufacturer settings, type of 
test room, rate of moisture load change, method of moisture load 
control and monitoring, and whether DOE conducted a repeatability 
assessment. (AHAM, No. 17 at p. 4)
    In response to AHAM's request, DOE describes its investigative 
load-based testing process. DOE conducted the investigative load-based 
testing for this rulemaking with the test chamber at the appendix X1 
portable dehumidifier test conditions--65 [deg]F dry-bulb and 56.6 
[deg]F wet-bulb. The dehumidifiers were set using user controls to 
maintain a 60-percent relative humidity in the room. The testing was 
conducted in a calorimeter chamber in order to achieve the precise 
level of moisture control necessary to conduct load-based testing, 
because as discussed in the June 2022 NOPR, psychrometer chambers lack 
the equipment and controls necessary to maintain a given moisture load 
(see 87 FR 35286, 35297). DOE did not conduct tests with a dynamically 
variable moisture load, but instead collected performance data with the 
moisture introduction rate held fixed at percentages of the full-load 
dehumidification capacity of each tested unit. The testing was 
conducted in a calorimeter chamber in order to achieve the precise 
level of moisture control necessary to conduct load-based testing. DOE 
tested two dehumidifiers with comparable capacities from the same 
manufacturer, one with a variable-speed compressor and one with a 
single-speed compressor. This investigative testing effort included 
testing each unit once at each of the four tested moisture load 
conditions (100 percent, 75 percent, 50 percent, and 25 percent of the 
full-load dehumidification capacity for the unit under test). 87 FR 
35286, 35298.
    Based on DOE's finding discussed in the June 2022 NOPR that load-
based testing does not improve the representativeness of the 
dehumidifier test procedure, concerns about the potential significant 
increase in test burden, and in the absence of any additional data from 
commenters showing the viability of load-based testing, DOE is not 
prescribing a load-based test in appendix X1 in this final rule.
5. Test Duration
    Appendix X1 requires a test duration of 6 hours for the 
dehumidification mode test, after a 30-minute stabilization period. See 
section 5.4 of appendix X1. In the June 2022 NOPR, DOE discussed that 
DOE and AHAM's DH-1 working group identified an opportunity to reduce 
this test duration, thereby reducing test burden. 87 FR 35286, 35299-
35300. To identify a potential shorter test duration that could be 
considered, DOE conducted investigative testing on 13 portable 
dehumidifiers of varying capacities, one of which was variable-speed, 
at the 65 [deg]F dry-bulb temperature, in accordance with appendix X1. 
DOE used the gravity drain condensate collection approach in appendix 
X1 and recorded the weight of the condensate collected every 30 
seconds. See section 3.1.1.4 of the current appendix X1. DOE was, 
therefore, able to calculate energy consumption and collected 
condensate at any of the 30-second intervals throughout the 6-hour test 
and did so at each hour of testing.
    The results of DOE's testing indicated that capacity and efficiency 
vary only slightly from the 6-hour test results when using shorter test 
durations. This investigative testing suggested that a 6-hour 
dehumidification mode test duration for portable dehumidifiers may be 
unnecessary, as the data showed there is minimal difference in measured 
efficiency between the 2-hour and 6-hour test durations. DOE 
tentatively determined that a 2-hour test duration is appropriate for 
both whole-home dehumidifiers and portable dehumidifiers and would 
provide representative results with minimized test burden. DOE also 
recognized, however, that removing the requirement for a 6-hour test 
duration would require recertification for units previously certified 
under a test duration of 6 hours. Therefore, in the June 2022 NOPR, DOE 
proposed a dehumidification mode test duration of either 2 or 6 hours 
for both portable and whole-home dehumidifiers. 87 FR

[[Page 48044]]

35286, 35299-35300. DOE notes that AHAM DH-1-2022 contains the same 
provision specifying either a 2-hour or 6-hour test.
    Aprilaire supported DOE's proposal to add a 2-hour test option and 
stated that based on its testing experience, results for both portable 
and whole-home dehumidifiers at this shorter test duration would not 
vary significantly. (Aprilaire, No. 14 at p. 2)
    MIAQ stated that the variation in power use and condensate 
collected over the course of tests on two units running for 2, 3, 4, 5, 
and 6 hours was under 4 percent for all test durations. MIAQ noted that 
neither unit entered a defrost cycle during this testing and stated 
that a 4-hour or 6-hour test would be more appropriate for a unit that 
enters a defrost cycle. MIAQ stated that reducing the required test 
time to 2 hours would represent a reduction in test burden, mainly in 
the form of saved technician hours. The reduced test burden could allow 
2-3 times more tests to be conducted per day for the same cost. (MIAQ, 
No. 15 at pp. 6, 9)
    AHAM stated that a 2-hour test duration would result in a loss of 
test repeatability and reproducibility for dehumidifiers that enter 
defrost during the test. AHAM noted that defrost cycles are within 
typical use conditions and should be considered in the DOE test 
procedure. AHAM commented that in a 2-hour test, a defrost cycle could 
account for 30 minutes of the 2-hour test, or 25 percent of the total 
test time; whereas, in a 6-hour test, this 30-minute cycle would only 
account for 8 percent of the test time, resulting in a higher 
efficiency rating more representative of the actual percentage of time 
spent by dehumidifiers in defrost cycles in the field. AHAM generally 
favored test procedure amendments that decrease test burden but 
commented that in this case, the 2-hour test period is more likely to 
cause a failed test or force manufacturers to conservatively rate their 
products to avoid false findings of noncompliance. AHAM asked whether 
DOE would conduct enforcement testing using the test duration used in 
the certification test or whether the verification laboratory would be 
able to choose the duration used. Because of the potential impacts on 
measured efficiency, AHAM stated that if DOE proceeds with the proposed 
2-hour test duration, DOE should require compliance with the revised 
test procedure when the amended energy conservation standards next come 
into effect. (AHAM, No. 17 at p. 3)
    GEA presented data detailing the performance of how a dehumidifier 
entering defrost mode impacts the measured efficiency over a number of 
test durations, with lower impacts associated with longer test 
durations. GEA's data showed a decrease in variance in efficiency 
results of approximately 5 percent in a 2-hour test down to 
approximately 2 percent in a 6-hour test. According to GEA, these data 
show that a 2-hour test option would have an unacceptable amount of 
variance due to the impact of defrost cycles. GEA supported AHAM's 
position that the test procedure should include only a 6-hour test 
option, which would reduce these impacts to an appropriate level. (GEA, 
No. 16 at p. 1)
    DOE recognizes that 30 minutes of defrost activity within a 2-hour 
test would be likely to impact the final measured efficiency, given 
that 30 minutes would represent a significant portion of a 2-hour test 
period. However, DOE notes that the defrost operation shown in GEA's 
data appears to occur roughly 5 hours and 30 minutes into the test 
duration, suggesting that the defrost operation would not affect the 
result of a 2-hour test for this GEA unit. Additionally, based on 
extensive testing in support of this rulemaking, DOE has not observed 
defrost behavior in any models at the appendix X1 test conditions. 
Specifically, none of the 13 units that DOE tested in support of this 
rulemaking entered defrost operation at any point during the test. 
Based on these observations, DOE concludes that defrost operation is 
uncharacteristic of dehumidifier operation while conducting the 
appendix X1 test procedure. While the data provided by GEA does show a 
unit entering defrost operation, it is unclear which model was tested, 
which test procedure was performed, and whether the model that was 
tested is currently on the market and certified to the currently 
applicable appendix X1. As discussed above, no units in DOE's sample of 
dehumidifiers, containing models representative of products on the 
market certified using the currently applicable appendix X1, entered 
defrost operation during the test. Therefore, DOE finds that a 2-hour 
test duration produces test results that are representative of 
dehumidifier operation by consumers.
    For the reasons discussed in the June 2022 NOPR, and in 
consideration of comments as discussed in this section, DOE has 
concluded that a 2-hour test duration produces test results that are 
comparable to test results produced by a 6-hour test duration, that 
test results produced by a 2-hour test duration are representative of 
dehumidifier operation by consumers, and that a 2-hour test duration 
would reduce test burden as compared to a 6-hour test duration. As 
discussed above, DOE does not consider defrost operation to be 
characteristic of dehumidifiers at the DOE test condition, so DOE has 
concluded that retaining the 6-hour test option is not necessary to 
maintain test procedure representativeness or reproducibility nor would 
adopting a 2-hour test duration require re-testing of any currently 
certified dehumidifier, given that measured performance would be 
comparable under a 2-hour and 6-hour test. Retaining the option of 
either a 2-hour or 6-hour test duration could create ambiguity 
regarding which test duration should be used for certification, as 
noted in AHAM's comments. Accordingly, in this final rule, DOE is 
adopting a 2-hour test duration requirement for appendix X1. DOE is not 
maintaining an option to perform a 6-hour test, as was proposed in the 
June 2022 NOPR.
6. Psychrometer Setup and Instrumentation
    Appendix X1, through reference to section 4 ``Instrumentation'' of 
ANSI/AHAM DH-1-2008, requires dehumidifiers with a single air intake to 
be monitored with an aspirating-type psychrometer \6\ perpendicular to, 
and 1 foot in front of, the unit; and, in the case of multiple air 
intakes, monitored with a separate sampling tree. See sections 3.1.1, 
3.1.1.2, 3.1.1.3 of appendix X1.
---------------------------------------------------------------------------

    \6\ In an aspirating-type psychrometer, a wet-bulb and a dry-
bulb thermometer are mounted inside a case that also contains a fan. 
The fan draws air across both thermometers, and the resulting wet-
bulb and dry-bulb temperatures are used to determine the percent 
relative humidity.
---------------------------------------------------------------------------

    The test procedure at appendix X1 does not currently permit the use 
of a sampling tree in conjunction with an aspirating psychrometer to 
measure relative humidity for portable dehumidifiers with a single air 
inlet. In the July 2015 Final Rule, DOE was unable to conclude whether 
using a psychrometer only or using a psychrometer in conjunction with a 
sampling tree would produce the most repeatable results. 80 FR 45802.
    DOE is aware, however, that using a sampling tree with an 
aspirating psychrometer is standard practice for many test laboratories 
when conducting psychrometric testing. Therefore, in the June 2022 
NOPR, DOE proposed to allow measurements taken using an aspirating 
psychrometer or relative humidity sensor with a sampling tree in 
appendix X1 for dehumidifiers with a single air inlet, which is 
required in the currently applicable test procedure for dehumidifiers 
with multiple air inlets. 87 FR 35286, 35302.

[[Page 48045]]

    Aprilaire supported DOE's proposal to allow use of an aspirating 
psychrometer in conjunction with a sampling tree to measure humidity. 
Aprilaire stated that this sort of apparatus is common and familiar in 
the HVAC industry. (Aprilaire, No. 14 at p. 2)
    MIAQ supported DOE's proposal of allowing relative humidity 
measurements taken using an aspirating psychrometer with sampling tree 
in appendix X1 for dehumidifiers with a single air inlet. (MIAQ, No. 15 
at pp. 6-7)
    AHAM stated that sampling trees should be required for both 
psychrometer testing (as was proposed) and for relative humidity 
sensors. AHAM claimed that use of sampling trees leads to more 
representative results by sampling across the entire inlet air of the 
dehumidifier and noted that sampling trees are already required in the 
test procedures for other HVAC equipment. AHAM stated that multiple 
measurement points are needed to produce representative results because 
dehumidifiers measure air temperature and humidity using air from a 
wider inlet area, not a single point. (AHAM, No. 17 at p. 2)
    These comments support DOE's understanding that using a sampling 
tree with an aspirating psychrometer is already standard practice for 
many test laboratories when testing dehumidifiers; effectively measures 
the inlet operating conditions for a dehumidifier while under test, 
both for units with a single air inlet and for units with multiple air 
inlets; and facilitates the determination of representative 
dehumidifier performance. Therefore, for the reasons discussed in the 
June 2022 NOPR and summarized above, DOE is permitting the use of 
sampling trees in conjunction with either an aspirating psychrometer or 
relative humidity sensor for all dehumidifier test configurations in 
appendix X1. DOE is not aware of data that quantify any benefits that 
sampling trees may provide over a single point measurement and is thus 
unable to determine if requiring sampling trees for all dehumidifier 
tests, as AHAM suggests, would be unduly burdensome for test 
laboratories that currently use single-point aspirating psychrometer or 
relative humidity sensor measurements. Therefore, to avoid imposing an 
undue test burden, DOE is allowing the test procedure to be conducted 
with or without sampling trees in appendix X1 in this final rule, when 
using either an aspirating psychrometer or relative humidity sensor.
    In addition to the proposal to allow sampling trees in conjunction 
with aspirated psychrometer testing, DOE proposed in the June 2022 NOPR 
to require that the sensing elements within the psychrometer box be 
shielded or positioned to minimize radiation effects from the fan 
motor; that there be line of sight separation between any fans and 
sensing elements within the test fixture; and that at least 3 feet of 
separation, along the path of airflow, be maintained between any fans 
and sensing elements within the test fixture. 87 FR 35286, 35302. DOE 
notes that AHAM subsequently adopted the same requirements for 
psychrometer shielding and placement in AHAM DH-1-2022.
    MIAQ supported DOE's proposal to require that the psychrometer box 
contain shielding or be configured to minimize radiation effects on the 
sensing elements. (MIAQ, No. 15 at p. 7)
    For the reasons discussed in the June 2022 NOPR, in this final 
rule, DOE is incorporating in appendix X1 the AHAM DH-1-2022 
requirements for psychrometer shielding and placement. These 
requirements are consistent with the requirements for psychrometer 
shielding and placement as proposed in the June 2022 NOPR.
7. Whole-Home Dehumidifiers
    In the July 2015 Final Rule, DOE established a test procedure for 
whole-home dehumidifiers in appendix X1. 80 FR 45802, 45810-45811. 
Whole-home dehumidifiers differ from portable dehumidifiers, as they 
are installed in a ducted configuration in a home. The whole-home 
dehumidifier test procedure specifies a ducted test setup with 
instructions for measuring and maintaining the air flow through these 
ducts. See section 3.1.3 of appendix X1.
a. Air Velocity
    Section 5.2 of AHAM DH-1-2017 requires that ``the air flow 
approaching the test unit shall be uniform in temperature, humidity and 
velocity. The air velocity shall not exceed 50 feet per minute (``ft/
min'') (0.25 meters per second (``m/s'')) within 3 ft (0.91 m) of the 
dehumidifier with the unit not operating.''
    In the June 2022 NOPR, DOE considered alternate air velocity 
specifications based on suggestions by commenters that the 50 ft/min 
maximum air velocity requirement in AHAM DH-1-2017 may represent an 
undue burden on manufacturers of large-capacity portable dehumidifiers 
and whole-home dehumidifiers. Although DOE did not propose changing the 
maximum air velocity requirement in the June 2022 NOPR, DOE discussed 
that it would consider raising the maximum air flow requirement by an 
amount appropriate to the increased air flow of the largest units on 
the market, e.g., to 100 ft/min. DOE stated, however, that it was not 
aware of any data that quantify the impact on repeatability and 
reproducibility of raising the maximum air velocity requirement to a 
less-stringent level. 87 FR 35286, 35302-35303.
    MIAQ recommended that DOE continue to investigate the value of an 
increased air velocity. MIAQ noted that it is in the process of 
conducting air velocity testing and would be willing to confidentially 
share this data with DOE for analysis. (MIAQ, No. 15 at p. 7)
    DOE notes that AHAM DH-1-2022 maintains 50 ft/min maximum air 
velocity requirement, indicating that there is not an industry 
consensus that a requirement higher than 50 ft/min would be acceptable. 
DOE has not received any data supporting that a 100 ft/min air velocity 
requirement would maintain test procedure repeatability and 
reproducibility. Therefore, without sufficient data to confirm that 
this test procedure change would allow for equally repeatable and 
reproduceable tests as the current requirement, in this final rule, DOE 
is maintaining the air velocity minimum requirement of 50 ft/min, 
consistent with AHAM DH-1-2022.
b. Nozzle Test Method
    Section 3.1.2.2.3.2 of appendix X1 specifies measuring velocity 
pressures using the same pitot traverses as are used for measuring 
external static pressure (``ESP''), which are specified in section 
3.1.2.2.3.1 of appendix X1, and calculating volumetric flow rates in 
each duct in accordance with section 7.3.1, ``Velocity Traverse,'' of 
ANSI/AMCA 210.
    In the June 2022 NOPR, DOE summarized a comment submitted by 
Aprilaire asserting that there are a limited number of test facilities 
that still use this technology for measuring airflow. 87 FR 35286, 
35303. Aprilaire suggested that DOE adopt the alternative method of 
using airflow nozzles to measure airflow as specified in section 7.3.2 
of ANSI/AMCA 210. Aprilaire stated that most laboratories are using the 
nozzle method in ANSI/AMCA 210 for measuring airflow and that this 
method is listed by ASHRAE Standard 37 as the method to use for HVAC 
equipment. Id.
    In the June 2022 NOPR, DOE discussed that it had inquired with a 
number of laboratories and is aware that a limited number of test 
laboratories use pitot-tube traverses when conducting

[[Page 48046]]

testing in accordance with ANSI/AMCA 210. (See sections 4.2.2, 4.3.1, 
and 7.3.1 of ANSI/AMCA 210) DOE discussed that it is aware that test 
laboratories typically use the alternate calibrated nozzle approach 
detailed in sections 4.2.3, 4.3.2 and 7.3.2 of ANSI/AMCA 210 when 
conducting testing in accordance with ANSI/AMCA 210 for products other 
than dehumidifiers, which is not currently permitted in appendix X1. 
Based on the industry-accepted standard (i.e., ANSI/AMCA 210), the 
understanding that the two approaches are substantively similar, and 
feedback from test laboratories that use of the calibrated nozzle 
approach can reduce the test burden as compared to use of the pitot-
tube traverses, DOE proposed in the June 2022 NOPR to allow calibrated 
nozzle testing according to the requirements of sections 4.2.3, 4.3.2, 
and 7.3.2 of ANSI/AMCA 210 for whole-home dehumidifiers in appendix X1. 
87 FR 35286, 35303.
    Aprilaire and MIAQ both supported DOE's proposal to include the 
calibrated nozzle approach from AMCA 210 in the appendix X1 test 
procedure for whole-home dehumidifiers. (Aprilaire, No. 14 at p. 2; 
MIAQ, No. 15 at p. 7)
    DOE concludes, for the reasons discussed in the June 2022 NOPR, 
that the calibrated nozzle approach from ANSI/AMCA 210 produces 
repeatable and reproduceable results consistent with the pitot tube 
traverse method. Therefore, in this final rule, DOE is permitting the 
use of the calibrated nozzle approach in appendix X1, as proposed in 
the June 2022 NOPR.
c. Ventilation Air
    Section 3.1.3 of appendix X1 requires capping and sealing any 
fresh-air inlet on a whole-home dehumidifier during testing. In the 
July 2015 Final Rule, DOE determined that, while sealing the fresh-air 
inlet on dehumidifiers designed to operate with the fresh-air intake 
open may negatively impact capacity and efficiency, those effects are 
not significant enough to warrant the added test burden of providing 
separate fresh-air inflow. 80 FR 45802, 45811. In the June 2022 NOPR, 
DOE summarized comments received by interested parties stating that 
capping the fresh-air intake should not appreciably impact the total 
airflow through the unit and subsequently should have little effect on 
the efficiency. DOE stated that is not aware of publicly available 
data, nor has DOE received information from commenters, regarding the 
prevalence of fresh-air inlet use among whole-home dehumidifier 
consumers. DOE further stated that comments received on this issue are 
consistent with DOE's prior determination that the burden of adding an 
additional air stream in the testing configuration to account for 
fresh-air inlet on those whole-home dehumidifiers equipped with such a 
feature would outweigh the benefits. Therefore, in the June 2022 NOPR, 
DOE tentatively determined to continue requiring capping and sealing 
the fresh-air inlet during testing of a whole-home dehumidifier in 
appendix X1. 87 FR 35286, 35303.
    MIAQ supported DOE's tentative determination to retain the 
requirement to cap and seal the fresh-air inlet during testing of a 
whole-home dehumidifier. (MIAQ, No. 15 at p. 7)
    For the reasons discussed in the June 2022 NOPR, DOE is retaining 
the requirement to cap and seal the fresh-air inlet during testing of a 
whole-home dehumidifier in appendix X1 in this final rule.
d. External Static Pressure
    The DOE test procedure at appendix X1 requires that the ESP, the 
difference in process air outlet static pressure minus the process air 
inlet static pressure, be 0.2 inches of water column (``in. w.c.'') for 
the duration of the test when conducting whole-home dehumidifier 
testing. See section 3.1.2.2.3.1 of appendix X1.
    In the June 2022 NOPR, DOE responded to comments submitted by MIAQ 
suggesting that DOE adopt two to different ESP conditions--one at 0 in. 
w.c. and the other at 0.4 in. w.c.--for testing whole-home 
dehumidifiers. In considering this comment, DOE noted that MIAQ did not 
provide support regarding the representativeness of its suggested ESP 
requirements. In addition, DOE discussed that it had previously 
considered and rejected multiple ESP requirements in a previous 
rulemaking based on a field study and other information. DOE explained 
that while DOE understands that installation configurations and 
environmental factors vary for whole-home dehumidifiers, DOE 
tentatively concluded that testing whole-home dehumidifiers twice--once 
with 0 in. w.c. ESP and once with 0.4 in. w.c. ESP--would not be 
sufficiently more representative than the current single 0.2 in. w.c. 
ESP requirement as to justify the increased test burden. Therefore, DOE 
did not propose to amend the ESP requirements for whole-home 
dehumidifiers in the June 2022 NOPR. 87 FR 35286, 35303.
    In response to the June 2022 NOPR, Aprilaire noted that HVAC system 
pressures vary greatly with system design for residential applications. 
Aprilaire stated that a single static test pressure test point is 
preferrable, as a second test point would increase test burden in the 
form of both an extra rating test and additional quality verification 
testing. (Aprilaire, No. 14 at p. 2)
    MIAQ stated that 0.2 in. w.c. ESP is a representative test 
condition for ducted dehumidifiers. MIAQ also suggested that additional 
research be conducted into whether higher external pressures could be 
representative of typical installation cases, such as when 
dehumidifiers are connected to furnace systems. MIAQ cited studies from 
the National Renewable Energy Laboratory and the California Energy 
Commission that observed pressures between 0.53 and 0.9 in. w.c in 
practice. (MIAQ, No. 15 at pp. 7-8)
    For the reasons discussed in the June 2022 NOPR, and in 
consideration of these additional comments suggesting that 0.2 in. w.c. 
ESP is a representative test condition for ducted dehumidifiers and 
that requiring an additional test point would increase test burden, DOE 
continues to conclude that a single test approach for whole-home 
dehumidifiers is fully representative of whole-home dehumidifier 
performance. The studies referenced by MIAQ do not provide information 
specific to whole-home dehumidifiers sufficient for DOE to determine 
that ESP conditions between 0.53 and 0.9 in. w.c. are representative of 
typical whole-home dehumidifier installation. Therefore, DOE is 
maintaining the current test approach in appendix X1.
e. Additional Test Condition
    In response to the June 2022 NOPR, MIAQ commented that all whole-
home dehumidifiers should be tested at both the whole-home dehumidifier 
test conditions and the portable dehumidifier test conditions. MIAQ 
stated that adopting this change would be more representative of actual 
whole-home dehumidifier operation because whole-home units can be 
installed in configurations where the inlet air is drawn from indoor 
basement air, such as in crawlspace applications or when not connected 
to the HVAC return air stream. (MIAQ, No. 15 at pp. 3-4)
    While DOE acknowledges that whole-home dehumidifiers may be 
installed in situations where the unit inlet air is drawn from 
unconditioned spaces (e.g., a basement or crawlspace), such a situation 
does not represent typical operation of these units. As indicated by 
the product definition, whole-home dehumidifiers are designed to be 
installed in a ducted configuration, typically in line with an HVAC 
system,

[[Page 48047]]

and the test procedure requirements for whole-home dehumidifiers 
reflect this most representative installation scenario. Requiring 
whole-home units to be tested at an additional test condition 
applicable to portable dehumidifiers would add test burden without 
improving the representativeness of test results. Therefore, in this 
final rule, DOE is maintaining the single test condition for whole-home 
dehumidifiers. However, to the extent that a unit meets both the whole-
home and portable dehumidifier definitions, it must be tested in each 
configuration and comply with both applicable energy conservation 
standards.
8. Network Functions
    Many types of consumer products (e.g., refrigerators, clothes 
dryers, room air conditioners) are now equipped with ``network 
functions,'' such as mobile alerts/messages, remote control, and energy 
information and demand response capabilities to support future smart 
grid interconnection. In the June 2022 NOPR, DOE noted that certain 
manufacturers have also incorporated some of these features, such as 
Wi-Fi capability, into dehumidifiers. 87 FR 35286, 35304.
    Based on testing and information from interested parties regarding 
network functions in consumer products, DOE stated in the June 2022 
NOPR that it expects the power consumption attributable to network 
functions to be on the order of 1 watt (``W'') or less. The impact on 
IEF of power consumption of network functions is expected to be no more 
than 1 percent, based on DOE's testing that indicated an average impact 
on IEF of less than 0.75 percent for the units in DOE's test sample. 87 
FR 35286, 35304-35305. DOE also stated that it is aware there are 
dehumidifiers on the market with varying implementations of network 
functions. However, DOE stated that it was not aware of any data 
available, nor did interested parties provide any data, regarding the 
consumer use of network functions. Without this data, DOE stated it was 
unable to establish a representative test configuration to assess the 
energy consumption of network functions for dehumidifiers. Id.
    Therefore, in the June 2022 NOPR, DOE proposed to specify that if a 
dehumidifier has network functions, all network functions must be 
disabled throughout testing using means available to the end user 
pursuant to instructions provided in the product's user manual. DOE 
further proposed to specify that if network functions cannot be 
disabled by the consumer or the manufacturer's user manual does not 
provide instruction for disabling the function, the energy consumption 
of the enabled network function must be included, as it is more 
representative than excluding the energy consumption associated with 
the network function. Id.
    Aprilaire, MIAQ, and AHAM supported DOE's proposal to disable 
network functions if possible. AHAM noted that this proposal is 
consistent with the draft of AHAM DH-1-2022. (Aprilaire, No. 14 at p. 
2; MIAQ, No. 15 at p. 8; AHAM, No. 17 at p. 3)
    The anonymous commentor recommended developing test methods which 
can better accommodate networked models (Anonymous, No. 12 at p. 1)
    The Joint Commenters requested that DOE require dehumidifiers to be 
tested with network functions in the factory default setting if 
possible, rather than disabled. The Joint Commenters stated that DOE's 
approach may not be representative of real-world operation, as 
consumers would be unlikely to disable connected functionality if a 
unit is shipped with connected functions enabled, and testing using the 
network default settings would result in a more representative energy 
use measurement. (Joint Commenters, No. 18 at p. 2; Appliance Standard 
Awareness Project, Public Meeting Transcript, No. 11 at p. 21)
    As discussed in the June 2022 NOPR, DOE is not aware of any 
consumer usage data, nor did interested parties provide any such data, 
regarding the consumer use of network connectivity. Without this data, 
DOE is unable to establish a representative test configuration for 
assessing the energy consumption of network connectivity features for 
dehumidifiers. 87 FR 35286, 35305.
    DOE similarly lacks data regarding whether consumers not using 
connected functions would disable such functions or leave them in the 
as-shipped setting. Therefore, due to a lack of data regarding consumer 
usage of network connectivity features and to harmonize with the 
industry standard, DOE maintains its June 2022 NOPR proposals and in 
this final rule is requiring that for dehumidifiers with network 
functions, follow the requirements in section 5.5 of AHAM DH-1-2022, 
that (1) the network functions 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; and (2) if network 
functions cannot be disabled by the end-user, or the product's user 
manual does not provide instruction for disabling network functions, 
then the unit must be tested with the network functions in the factory 
default configuration for the test period.
9. Removal of Appendix X
    Appendix X to subpart B of 10 CFR part 430 is no longer required 
for use. For dehumidifiers manufactured on or after January 27, 2016, 
use of appendix X1 to subpart B of 10 CFR part 430 is required for any 
representations of energy use or efficiency of portable and whole-home 
dehumidifiers, including demonstrating compliance with the currently 
applicable energy conservation standards. As discussed in this 
document, DOE is maintaining the currently applicable appendix X1, with 
amendments. The updated version of appendix X1 will be used for the 
evaluation and issuance of any updated efficiency standards, and for 
determining compliance with those standards. In the June 2022 NOPR, DOE 
proposed to remove the obsolete appendix X. 87 FR 35286, 35305.
    MIAQ supported DOE's proposal to remove appendix X along with all 
references to appendix X in 10 CFR parts 429 and 430.
    In this final rule, DOE removes appendix X to subpart B of 10 CFR 
part 430, along with all references to appendix X in 10 CFR part 430.

D. Test Procedure Costs

    EPCA requires that test procedures proposed by DOE not be unduly 
burdensome to conduct. (42 U.S.C. 6293(b)(3)) DOE has determined that 
the amendments in this final rule are not unduly burdensome. The 
following sections discuss DOE's evaluation of estimated costs and 
savings associated with the amendments to appendix X1.
    In this final rule, DOE updates the existing test procedure for 
dehumidifiers by amending appendix X1 to incorporate the current 
version of the applicable industry standard, specify the 
dehumidification mode rating test period to be 2 hours, permit the use 
of a sampling tree in conjunction with an aspirating psychrometer or 
relative humidity sensor for a dehumidifier with a single process air 
intake grille, and specify requirements for testing dehumidifiers with 
network functions. If the network functions can be disabled by the end-
user and instructions to disable appear in the manual, test with those 
functions disabled; otherwise, test in the factory default setting. DOE 
has determined that these proposed amendments would not increase 
testing costs. As discussed in the following paragraphs, DOE has also 
determined that two amendments would likely reduce testing costs:

[[Page 48048]]

shortening the test duration and permitting use of a sampling tree.
1. Reduced Test Period
    DOE amends appendix X1 to specify the dehumidification mode rating 
test period to be 2 hours for portable and whole-home dehumidifiers. As 
discussed in section III.C.5 of this document, DOE expects that this 
amendment will decrease test cost for dehumidifier manufacturers due to 
reduced test chamber time. Based on past experiences with conducting 
appendix X1 testing, DOE estimates that 6 hours in a psychrometric 
chamber for dehumidifier testing according to appendix X1 costs $1,100. 
Reducing the test period by 4 hours yields an estimated cost savings 
per test of $750, which is two-thirds of the estimated cost of 
operation of the test chamber for 6 hours.
    DOE has determined that the amendments would not affect the 
representations of dehumidifier energy efficiency/energy use, as 
discussed in section III.C.5 of this document. DOE expects that 
manufacturers would be able to rely on data generated under the current 
test procedure. As such, retesting and recertification of dehumidifiers 
would not be required solely as a result of DOE's adoption of the 
amendments to the test procedure.
2. Sampling Tree
    DOE amends appendix X1 to allow relative humidity measurements 
using an aspirating psychrometer or relative humidity sensor with a 
sampling tree for all dehumidifiers. As discussed in section III.C.6 of 
this document, DOE expects this would not substantively impact 
repeatability or reproducibility of the test procedure or the 
representativeness of the measured energy efficiency. The amendment 
would not result in a change of the measured energy efficiency of any 
currently certified dehumidifiers because the proposed use of a 
sampling tree would be an alternate test set-up to the current test 
set-up. The amendment would also likely reduce the test burden for 
certain test laboratories that would otherwise be required to change 
their aspirating psychrometer or relative humidity sensor configuration 
to remove the sampling tree and reposition the psychrometer within the 
test chamber. There is no cost attributable to this amendment.
    DOE has determined that the amendments in this final rule would not 
impact the measured energy use or representations of dehumidifier 
energy efficiency/energy use. DOE has also determined that 
manufacturers would be able to rely on data generated under the current 
test procedure as amended. As such, DOE does not expect re-testing of 
any dehumidifier would be required solely as a result of DOE's adoption 
of these amendments to the test procedure.
3. Other Amendments
    DOE has determined that the amendments to incorporate the updated 
version of the relevant industry testing standard and to provide 
additional direction regarding units with network functions will not 
change the measured energy efficiency as compared to the current test 
procedure and would not change the test costs. DOE expects that 
manufacturers would be able to rely on data generated under the current 
test procedure. As such, retesting and recertification of dehumidifiers 
would not be required solely as a result of DOE's adoption of the 
amendments to the test procedure. Based on review of AHAM DH-1-2022, 
DOE expects that the amended test procedure for measuring IEF will not 
increase testing costs per unit compared to the current DOE test 
procedure. DOE also does not expect that the direction to disable 
network functions during testing will impact test cost or the measured 
energy efficiency, as network function does not represent a significant 
portion of the overall energy efficiency, as discussed previously.
    While DOE does not expect that the amendments to the test procedure 
will require manufacturers to re-test and recertify their models, 
manufacturers may choose to re-test units using the new test procedure. 
DOE estimates that testing under the new test procedure would cost 
roughly $2,000 per test, based on recent testing quotes and reduced 
testing cost due to the shorter test duration.

E. Effective and Compliance Dates

    The effective date for the adopted test procedure amendment will be 
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))
    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)) 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.

IV. Procedural Issues and Regulatory Review

A. Review Under Executive Orders 12866, 13563, and 14094

    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) and 
amended by E.O. 14094, ``Modernizing Regulatory Review,'' 88 FR 21879 
(April 11, 2023), 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

[[Page 48049]]

stated in this 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 Executive Order 
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: www.energy.gov/gc/office-general-counsel. DOE reviewed this final rule under the 
provisions of the Regulatory Flexibility Act and the procedures and 
policies published on February 19, 2003. DOE has concluded that this 
rule would not have a significant impact on a substantial number of 
small entities. The factual basis for this certification is as follows:
    For manufacturers of dehumidifiers, the Small Business 
Administration (``SBA'') considers a business entity to be small 
business, if, together with its affiliates, it employs less than a 
threshold number of workers specified in 13 CFR part 121. DOE used 
SBA's small business size standards to determine whether any small 
entities would be subject to the requirements of the rule. These size 
standards and codes are established by the North American Industry 
Classification System (``NAICS'') and are available at www.sba.gov/document/support_table-size-standards. Manufacturing of portable 
dehumidifiers is classified under NAICS 335210, ``Small Electrical 
Appliance Manufacturing,'' whereas the manufacturing of whole-home 
dehumidifiers is classified under NAICS 333415, ``Air-Conditioning and 
Warm Air Heating Equipment and Commercial and Industrial Refrigeration 
Equipment Manufacturing.'' The SBA sets a threshold of 1,500 employees 
or fewer and 1,250 employees or fewer for an entity to be considered as 
a small business in these industry categories, respectively.\7\ For 
manufacturers of both portable and whole-home dehumidifiers, DOE used 
the higher (or more conservative) threshold of 1,500 employees or 
fewer.
---------------------------------------------------------------------------

    \7\ U.S. Small Business Administration, ``Table of Size 
Standards.'' (Effective December 19, 2022). Available at 
www.sba.gov/document/support_table-size-standards">www.sba.gov/document/support_table-size-standards (last accessed 
January 23, 2023).
---------------------------------------------------------------------------

    DOE used its Compliance Certification Database (``CCD''),\8\ 
California Energy Commission's Modernized Appliance Efficiency Database 
System (``MAEDbS''),\9\ and ENERGY STAR's Product Finder dataset \10\ 
to create a list of companies that sell the products covered by this 
rulemaking in the United States. DOE then consulted publicly available 
data, such as manufacturer websites, manufacturer specifications and 
product literature, import/export logs, and basic model numbers, to 
identify original equipment manufacturers (``OEMs'') of the products 
covered by this rulemaking. DOE relied on public data and subscription-
based market research tools (e.g., Dun & Bradstreet reports \11\) to 
determine company location, headcount, and annual revenue. DOE screened 
out companies that do not offer products covered by this proposed 
rulemaking, do not meet the SBA's definition of a ``small business,'' 
or are foreign-owned and operated.
---------------------------------------------------------------------------

    \8\ U.S. Department of Energy, Compliance Certification 
Database. Available at www.regulations.doe.gov/certification-data/#q=Product_Group_s%3A* (last accessed October 11, 2022).
    \9\ California Energy Commission, Modernized Appliance 
Efficiency Database System. Available at: 
cacertappliances.energy.ca.gov/Pages/Search/AdvancedSearch.aspx 
(last accessed January 23, 2022).
    \10\ U.S. Environmental Protection Agency, ENERGY STAR Product 
Finder data set. Available at www.energystar.gov/productfinder/ 
(last accessed January 24, 2022).
    \11\ The Dun & Bradstreet Hoovers subscription login is 
available online at app.dnbhoovers.com/ (last accessed January 23, 
2023).
---------------------------------------------------------------------------

    DOE identified 16 OEMs of dehumidifiers for the U.S. market. DOE 
estimates that 12 are OEMs of portable dehumidifiers, three are OEMs of 
whole-home dehumidifiers, and one is an OEM of both portable and whole-
home dehumidifiers. Of the 16 total OEMs identified, one qualifies as a 
``small business'' and is not foreign-owned or operated.
    DOE did not receive any comments that specifically addressed 
impacts on small businesses or that were provided in response to the 
initial regulatory flexibility analysis.
    In this final rule, DOE updates the existing test procedure for 
dehumidifiers by amending appendix X1 to incorporate the current 
version of the applicable industry standard, specify the 
dehumidification mode rating test period to be 2 hours, permit the use 
of a sampling tree in conjunction with an aspirating psychrometer or 
relative humidity sensor for a dehumidifier with a single process air 
intake grille, and specify requirements for testing dehumidifiers with 
network functions. If the network functions can be disabled by the end-
user and instructions to disable appear in the manual, test with those 
functions disabled; otherwise, test in the factory default setting. DOE 
has determined that these amendments would not increase testing costs. 
DOE has also determined that two amendments would likely reduce testing 
costs: shortening the test duration and permitting use of a sampling 
tree.
    DOE has determined that the amendments in this final rule would not 
impact the measured energy use or representations of dehumidifier 
energy efficiency/energy use. DOE has also determined that 
manufacturers would be able to rely on data generated under the current 
test procedure as amended. As such, DOE does not expect retesting of 
any dehumidifier would be required solely as a result of DOE's adoption 
of these amendments to the test procedure.
    Therefore, DOE concludes that the cost effects accruing from the 
final rule would not have a ``significant economic impact on a 
substantial number of small entities,'' and that the preparation of a 
FRFA is not warranted. DOE has submitted 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 dehumidifiers 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 dehumidifiers. 
(See generally 10 CFR part 429.) The collection-of-information 
requirement for the

[[Page 48050]]

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 
dehumidifiers in this final rule.
    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 dehumidifiers. 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

    Executive Order 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 Executive order requires agencies to 
examine the constitutional and statutory authority supporting any 
action that would limit the policymaking discretion of the States and 
to carefully assess the necessity for such actions. The Executive order 
also requires agencies to have an accountable process to ensure 
meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications. 
On March 14, 2000, DOE published a statement of policy describing the 
intergovernmental consultation process it will follow in the 
development of such regulations. 65 FR 13735. 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 Executive Order 13132.

F. Review Under Executive Order 12988

    Regarding the review of existing regulations and the promulgation 
of new regulations, section 3(a) of Executive Order 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 Executive Order 12988 
specifically requires that Executive agencies make every reasonable 
effort to ensure that the regulation (1) clearly specifies the 
preemptive effect, if any; (2) clearly specifies any effect on existing 
Federal law or regulation; (3) provides a clear legal standard for 
affected conduct while promoting simplification and burden reduction; 
(4) specifies the retroactive effect, if any; (5) adequately defines 
key terms; and (6) addresses other important issues affecting clarity 
and general draftsmanship under any guidelines issued by the Attorney 
General. Section 3(c) of Executive Order 12988 requires Executive 
agencies to review regulations in light of applicable standards in 
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 Executive Order 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 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 www.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 Executive Order 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.

[[Page 48051]]

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

    Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 
(May 22, 2001), requires Federal agencies to prepare and submit to 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 Executive 
Order 12866, or any successor order; and (2) is likely to have a 
significant adverse effect on the supply, distribution, or use of 
energy; or (3) is designated by the Administrator of OIRA as a 
significant energy action. For any 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 
Executive Order 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 Federal 
Trade Commission (``FTC'') concerning the impact of the commercial or 
industry standards on competition.
    The modifications to the test procedure for dehumidifiers adopted 
in this final rule incorporates testing methods contained in certain 
sections of the following commercial standards: AHAM DH-1-2022, ANSI/
AMCA 210, ANSI/ASHRAE 41.1, and IEC 62301. 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

    AHAM DH-1-2022 is an industry-accepted test procedure that measures 
the capacity and energy input of portable dehumidifiers under specified 
test conditions. AHAM DH-1-2022 includes provisions for testing 
dehumidifier energy use in off-cycle, inactive, and off modes, and for 
including energy consumption in those modes in efficiency calculations. 
Appendix X1 references sections of AHAM DH-1-2022 for definitions, 
instrumentation, and test procedure requirements. AHAM DH-1-2022 is 
reasonably available from AHAM at www.aham.org/AHAM/AuxStore.
    The following standards appear in the amendatory text of this 
document and were previously approved for the locations in which they 
appear: ANSI/AMCA 210, ANSI/ASHRAE 41.1, and IEC 62301.

V. Approval of the Office of the Secretary

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

List of Subjects in 10 CFR Part 430

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

Signing Authority

    This document of the Department of Energy was signed on July 11, 
2023, by Francisco Alejandro Moreno, Acting 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 July 11, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.

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

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

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

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

0
2. Section 430.2 is amended by revising the definitions of ``Portable 
dehumidifier'' and ``Whole-home dehumidifier'' to read as follows:


Sec.  430.2  Definitions.

* * * * *

[[Page 48052]]

    Portable dehumidifier means a dehumidifier that, in accordance with 
any manufacturer instructions available to a consumer, operates within 
the dehumidified space without the attachment of additional ducting, 
although means may be provided for optional duct attachment.
* * * * *
    Whole-home dehumidifier means a dehumidifier that, in accordance 
with any manufacturer instructions available to a consumer, operates 
with ducting to deliver return process air to its inlet and to supply 
dehumidified process air from its outlet to one or more locations in 
the dehumidified space.

0
3. Section 430.3 is amended by:
0
a. Removing the words ``http://'' and ``https://'' wherever they 
appear;
0
b. Revising paragraphs (a) and (i)(3);
0
c. Removing paragraph (o)(2);
0
d. Redesignating paragraphs (o)(3) and (4) as paragraphs (o)(2) and 
(3), respectively;
0
e. Revising paragraph (q)(6); and
0
f. Redesignating paragraph (q)(9) as paragraph (q)(8).
    The revisions read as follows:


Sec.  430.3  Materials incorporated by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the U.S. Department of Energy (DOE) must 
publish a document in the Federal Register and the material must be 
available to the public. All approved incorporation by reference (IBR) 
material is available for inspection at the Department of Energy (DOE) 
and at the National Archives and Records Administration (NARA). Contact 
DOE at: The 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, (202) 586-9127, 
[email protected], www.energy.gov/eere/buildings/appliance-and-equipment-standards-program. For information on the availability of 
this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email [email protected]. The material may be 
obtained from the sources in the following paragraphs of this section.
* * * * *
    (i) * * *
    (3) AHAM DH-1-2022, Energy Measurement Test Procedure for 
Dehumidifiers, copyright 2022; IBR approved for appendix X1 to subpart 
B.
* * * * *
    (q) * * *
    (6) IEC 62301 (``IEC 62301''), Household electrical appliances--
Measurement of standby power, (Edition 2.0, 2011-01); IBR approved for 
appendices C1, C2, D1, D2, F, G, I, I1, J, J2, N, O, P, Q, U, X1, Y, 
Y1, Z, BB, CC, CC1, EE, and FF to subpart B.
* * * * *

0
4. Section 430.23 is amended by revising paragraph (z) to read as 
follows:


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

* * * * *
    (z) Dehumidifiers. (1) Determine the capacity, expressed in pints/
day, according to section 5.2 of appendix X1 to this subpart.
    (2) Determine the integrated energy factor, expressed in L/kWh, 
according to section 5.4 of appendix X1 to this subpart.
    (3) Determine the case volume, expressed in cubic feet, for whole-
home dehumidifiers in accordance with section 5.7 of appendix X1 of 
this subpart.
* * * * *

Appendix X to Subpart B of Part 430 [Removed and Reserved]

0
5. Remove and reserve appendix X to subpart B of part 430.

0
6. Amend Appendix X1 to subpart B of part 430 by:
0
a. Revising the introductory note;
0
b. Adding section 0;
0
c. Revising sections 2 and 3.1.1;
0
d. Removing section 3.1.1.2;
0
e. Redesignating sections 3.1.1.3 through 3.1.1.6 as sections 3.1.1.2 
through 3.1.1.5;
0
f. Revising newly redesignated sections 3.1.1.2 and 3.1.1.4;
0
g. Revising sections 3.1.2, 3.1.2.2.3.1, 3.1.2.2.3.2, 3.1.2.3, 3.2.2.1, 
4.1.1, 4.1.2, 4.2, and 4.3;
0
h. Removing sections 4.3.1 and 4.3.2; and
0
i. Revising section 5.4.
    The revisions and additions read as follows:

Appendix X1 to Subpart B of Part 430--Uniform Test Method for Measuring 
the Energy Consumption of Dehumidifiers

    Note:  After January 22, 2024, any representations made with 
respect to the energy efficiency of a dehumidifier must be made in 
accordance with the results of testing pursuant to this appendix. 
Manufacturers conducting tests of a dehumidifier prior to January 
22, 2024, must conduct such test in accordance with either this 
appendix or the previous version of this appendix as it appeared in 
the Code of Federal Regulations on January 1, 2023. Any 
representations made with respect to the energy efficiency of such 
dehumidifier must be in accordance with whichever version is 
selected.

0. Incorporation by Reference

    DOE incorporated by reference in Sec.  430.3, the entire 
standard for AHAM DH-1-2022, ANSI/AMCA 210, ANSI/ASHRAE 41.1, and 
IEC 62301; however, only enumerated provisions of those documents 
are applicable to this appendix. To the extent there is a conflict 
between the terms or provisions of a referenced industry standard 
and the CFR, the CFR provisions control.

0.1 AHAM DH-1-2022

    (a) Section 3 ``Definitions'', as specified in sections 2 and 
3.1.2 of this appendix.
    (b) Section 4 ``Instrumentation'', as specified in sections 
3.1.1 and 3.1.2 of this appendix.
    (c) Section 5.1 ``General'', as specified in sections 3.1.1 and 
3.1.2 of this appendix.
    (d) Section 5.2 ``Test Room'', as specified in sections 3.1.1 
and 3.1.2 of this appendix.
    (e) Section 5.3 ``Positioning of Test Unit'', as specified in 
sections 3.1.1 and 3.1.1.2 of this appendix.
    (f) Section 5.5 ``Control settings'', as specified in sections 
3.1.1, 3.1.1.4, and 3.1.2 of this appendix.
    (g) Section 7 ``Test Tolerances'', as specified in section 4.1.1 
of this appendix.
    (h) Section 8 ``Capacity Test'', as specified in sections 4.1.1 
and 4.1.2 of this appendix.
    (i) Section 8.3 ``Standard Test Voltage'', as specified in 
section 3.2.2.1 of this appendix.
    (j) Section 8.4 ``Psychrometer Placement'', as specified in 
section 3.1.1.2 of this appendix.
    (k) Section 9 ``Energy Consumption'', as specified in sections 
4.1.1 and 4.1.2 of this appendix.
    (l) Section 9.3.2 ``Inactive/Off Mode'', as specified in section 
4.2 of this appendix.
    (m) Section 9.3.1 ``Off-Cycle Mode'', as specified in section 
4.3 of this appendix.
    (n) Section 9.4 ``Calculation of Test Results'', as specified in 
section 4.1.2 of this appendix.

0.2 ANSI/AMCA 210

    (a) Section 5.2.1.6 ``Airflow straightener'', as specified in 
section 3.1.2.1 of this appendix.
    (b) Figure 6A ``Flow Straightener--Cell Type'', as specified in 
section 3.1.2.1 of this appendix.
    (c) Section 4.2.2 ``Pitot-static tube'', as specified in section 
3.1.2.2.3.1 of this appendix.
    (d) Section 4.2.3 ``Static pressure tap'', as specified in 
section 3.1.2.2.3.1 of this appendix.
    (e) Section 4.3.1 ``Pitot Traverse'', as specified in section 
3.1.2.2.3.1 of this appendix.
    (f) Section 4.3.2 ``Flow nozzle'', as specified in section 
3.1.2.2.3.1 of this appendix.

[[Page 48053]]

    (g) Section 7.5.2 ``Pressure Losses'', as specified in section 
3.1.2.2.3.1 of this appendix.
    (h) Section 7.3.1 ``Velocity Traverse'', as specified in section 
3.1.2.2.3.2 of this appendix.
    (i) Section 7.3.2 ``Nozzle'', as specified in section 
3.1.2.2.3.2 of this appendix.
    (j) Section 7.3 ``Fan airflow rate at test conditions'', as 
specified in section 5.6 of this appendix.

0.3 ANSI/ASHRAE 41.1

    (a) Section 5.3.5 ``Centers of Segments--Grids'', as specified 
in section 3.1.2.2.1 of this appendix.
    (b) [Reserved]

0.4 IEC 62301

    (a) Section 5.2 ``Preparation of product'', as specified in 
section 3.2.1 of this appendix.
    (b) Section 4.3.2 ``Supply voltage waveform'', as specified in 
section 3.2.2.2 of this appendix.
    (c) Section 4.4 ``Power measuring instruments'', as specified in 
section 3.2.3 of this appendix.
    (d) Section 4.2 ``Test room'', as specified in section 3.2.4 of 
this appendix.
* * * * *

2. Definitions

    Definitions for terms, modes, calculations, etc. are in 
accordance with AHAM DH-1-2022, section 3, with the following added 
definitions:
    Energy factor for dehumidifiers means a measure of energy 
efficiency of a dehumidifier calculated by dividing the water 
removed from the air by the energy consumed, measured in liters per 
kilowatt-hour (L/kWh).
    External static pressure (ESP) means the process air outlet 
static pressure minus the process air inlet static pressure, 
measured in inches of water column (in. w.c.).
    Process air means the air supplied to the dehumidifier from the 
dehumidified space and discharged to the dehumidified space after 
some of the moisture has been removed by means of the refrigeration 
system.
    Product capacity for dehumidifiers means a measure of the 
ability of the dehumidifier to remove moisture from its surrounding 
atmosphere, measured in pints collected per 24 hours of operation 
under the specified ambient conditions.
    Product case volume for whole-home dehumidifiers means a measure 
of the rectangular volume that the product case occupies, exclusive 
of any duct attachment collars or other external components.
    Reactivation air means the air drawn from unconditioned space to 
remove moisture from the desiccant wheel of a refrigerant-desiccant 
dehumidifier and discharged to unconditioned space.
* * * * *
    3.1 * * *
    3.1.1 Portable dehumidifiers and whole-home dehumidifiers other 
than refrigerant-desiccant dehumidifiers. The test apparatus and 
instructions for testing in dehumidification mode and off-cycle mode 
must conform to the requirements specified in Section 4, 
``Instrumentation,'' section 5.1, ``General,'' section 5.2, ``Test 
Room,'' Section 5.3, ``Positioning of Test Unit,'' and section 5.5, 
``Control settings'' of AHAM DH-1-2022, with the following 
exceptions. If a product is able to operate as either a portable or 
whole-home dehumidifier by means of removal or installation of an 
optional ducting kit, in accordance with any manufacturer 
instructions available to a consumer, test and rate both 
configurations.
* * * * *
    3.1.1.2 Instrumentation placement. If using a sampling tree, 
follow the instrumentation placement instructions in sections 5.3 
and 8.4 of AHAM DH-1-2022. If not using a sampling tree, place the 
aspirating psychrometer or relative humidity and dry-bulb 
temperature sensors perpendicular to, and 1 ft. in front of, the 
center of the process air intake grille. During each test, use the 
psychrometer or relative humidity and dry-bulb sensors to monitor 
inlet conditions of only one unit under test. When using relative 
humidity and dry-bulb temperature sensors without sampling trees to 
test a unit that has multiple process air intake grilles, place a 
relative humidity sensor and dry-bulb temperature sensor 
perpendicular to, and 1 ft. in front of, the center of each process 
air intake grille.
* * * * *
    3.1.1.4 Control settings. Follow the control settings 
instructions in section 5.5 of AHAM DH-1-2022.
* * * * *
    3.1.2 Refrigerant-desiccant dehumidifiers. The test apparatus 
and instructions for testing refrigerant-desiccant dehumidifiers in 
dehumidification mode must conform to the requirements specified in 
section 3, ``Definitions,'' section 4, ``Instrumentation,'' and 
section 5.1, ``General,'' section 5.2, ``Test Room,'' and section 
5.5, ``Control settings,'' of AHAM DH-1-2022, except as follows.
* * * * *
    3.1.2.2.3.1 External static pressure. Measure static pressures 
in each duct using pitot-static tube traverses, a flow nozzle or a 
bank of flow nozzles. For pitot-static tube traverses, conform to 
the specifications in section 4.3.1, ``Pitot Traverse,'' of ANSI/
AMCA 210 and section 4.2.2, ``Pitot-Static Tube,'' of ANSI/AMCA 210, 
except use only two intersecting and perpendicular rows of pitot-
static tube traverses. For a flow nozzle or bank of flow nozzles, 
conform to the specifications in section 4.3.2, ``Flow nozzle,'' of 
ANSI/AMCA 210 and section 4.2.3, ``Static pressure tap'' of ANSI/
AMCA 210. Record the static pressure within the test duct as 
follows. When using pitot-static tube traverses, record the pressure 
as measured at the pressure tap in the manifold of the traverses 
that averages the individual static pressures at each pitot-static 
tube. When using a flow nozzle or bank of nozzles, record the 
pressure or in accordance with section 4.2.3.2, ``Averaging,'' of 
ANSI/AMCA 210. Calculate duct pressure losses between the unit under 
test and the plane of each static pressure measurement in accordance 
with section 7.5.2, ``Pressure Losses,'' of ANSI/AMCA 210. The 
external static pressure is the difference between the measured 
inlet and outlet static pressure measurements, minus the sum of the 
inlet and outlet duct pressure losses. For any port with no duct 
attached, use a static pressure of 0.00 in. w.c. with no duct 
pressure loss in the calculation of external static pressure. During 
dehumidification mode testing, the external static pressure must 
equal 0.20 in. w.c.  0.02 in. w.c.
    3.1.2.2.3.2 Velocity pressure. Measure velocity pressures using 
the same pitot traverses or nozzles as used for measuring external 
static pressure, which are specified in section 3.1.2.2.3.1 of this 
appendix. When using pitot-static tube traverses, determine velocity 
pressures at each pitot-static tube in a traverse as the difference 
between the pressure at the impact pressure tap and the pressure at 
the static pressure tap and calculate volumetric flow rates in each 
duct in accordance with section 7.3.1, ``Velocity Traverse,'' of 
ANSI/AMCA 210. When using a flow nozzle or a bank of flow nozzles, 
calculate the volumetric flow rates in each duct in accordance with 
section 7.3.2, ``Nozzle,'' of ANSI/AMCA 210.
* * * * *
    3.1.2.3 Control settings. Follow the control settings 
instructions in section 5.5 of AHAM DH-1-2022.
* * * * *
    3.2.2 * * *
    3.2.2.1 Electrical supply. For the inactive mode and off mode 
testing, maintain the electrical supply voltage and frequency 
indicated in section 8.3, ``Standard Test Voltage,'' of AHAM DH-1-
2022. The electrical supply frequency shall be maintained 1 percent.
* * * * *
    4.1 * * *
    4.1.1 Portable dehumidifiers and whole-home dehumidifiers other 
than refrigerant-desiccant dehumidifiers. Measure the energy 
consumption in dehumidification mode, EDM, in kilowatt-hours (kWh), 
the average percent relative humidity, Ht, either as measured using 
a relative humidity sensor or using Tables 2 and 3 when using an 
aspirating psychrometer, and the product capacity, Ct, in pints per 
day (pints/day), in accordance with the test requirements specified 
in section 7, ``Test Tolerances,'' section 8, ``Capacity Test,'' and 
section 9, ``Energy Consumption,'' of AHAM DH-1-2022, with two 
exceptions. First, the rating test period must be 2 hours. Second, 
maintain the standard test conditions as shown in Table 1.

[[Page 48054]]



                  Table 1 to Paragraph 4.1.1--Standard Test Conditions for Dehumidifier Testing
----------------------------------------------------------------------------------------------------------------
                                                                                Aspirating          Relative
                                                              Dry-bulb      psychrometer  Wet-  humidity sensor
                     Configuration                          temperature     bulb  temperature       relative
                                                              ([deg]F)           ([deg]F)         humidity (%)
----------------------------------------------------------------------------------------------------------------
Portable dehumidifiers.................................    65   56.6   60  2
                                                                       2.0                1.0
Whole-home dehumidifiers...............................    73   63.6   60  2
                                                                       2.0                1.0
----------------------------------------------------------------------------------------------------------------

    When using relative humidity and dry-bulb temperature sensors, 
for dehumidifiers with multiple process air intake grilles, average 
the measured relative humidities and average the measured dry-bulb 
temperatures to determine the overall intake air conditions.

              Table 2 to Paragraph 4.1.1--Relative Humidity as a Function of Dry-Bulb and Wet-Bulb Temperatures for Portable Dehumidifiers
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                              Dry-bulb temperature  ([deg]F)
 Wet-bulb temperature  ([deg]F) ------------------------------------------------------------------------------------------------------------------------
                                    64.5       64.6       64.7       64.8       64.9        65        65.1       65.2       65.3       65.4       65.5
--------------------------------------------------------------------------------------------------------------------------------------------------------
56.3...........................      60.32      59.94      59.57      59.17       58.8      58.42      58.04      57.67       57.3      56.93      56.56
56.4...........................      60.77      60.38         60      59.62      59.24      58.86      58.48      58.11      57.73      57.36      56.99
56.5...........................      61.22      60.83      60.44      60.06      59.68       59.3      58.92      58.54      58.17       57.8      57.43
56.6...........................      61.66      61.27      60.89       60.5      60.12      59.74      59.36      58.98       58.6      58.23      57.86
56.7...........................       62.4      61.72      61.33      60.95      60.56      60.18       59.8      59.42      59.04      58.67      58.29
56.8...........................      62.56      62.17      61.78      61.39         61      60.62      60.24      59.86      59.48       59.1      58.73
56.9...........................      63.01      62.62      62.23      61.84      61.45      61.06      60.68       60.3      59.92      59.54      59.16
--------------------------------------------------------------------------------------------------------------------------------------------------------


             Table 3 to Paragraph 4.1.1--Relative Humidity as a Function of Dry-Bulb and Wet-Bulb Temperatures for Whole-Home Dehumidifiers
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                              Dry-bulb temperature  ([deg]F)
 Wet-bulb temperature  ([deg]F) ------------------------------------------------------------------------------------------------------------------------
                                    72.5       72.6       72.7       72.8       72.9        73        73.1       73.2       73.3       73.4       73.5
--------------------------------------------------------------------------------------------------------------------------------------------------------
63.3...........................      60.59      60.26      59.92      59.59      59.26      58.92       58.6      58.27      57.94      57.62       57.3
63.4...........................      60.98      60.64      60.31      59.75      59.64      59.31      58.98      58.65      58.32         58      57.67
63.5...........................      61.37      61.03       60.7      60.36      60.02      59.69      59.36      59.03       58.7      58.38      58.05
63.6...........................      61.76      61.42      61.08      60.75      60.41      60.08      59.74      59.41      59.08      58.76      58.43
63.7...........................      62.16      61.81      61.47      61.13       60.8      60.46      60.13       59.8      59.47      59.14      58.81
63.8...........................      62.55       62.2      61.86      61.52      61.18      60.85      60.51      60.18      59.85      59.52      59.19
63.9...........................      62.94       62.6      62.25      61.91      61.57      61.23       60.9      60.56      60.23       59.9      59.57
--------------------------------------------------------------------------------------------------------------------------------------------------------

    4.1.2 Refrigerant-desiccant dehumidifiers. Establish the testing 
conditions set forth in section 3.1.2 of this appendix. Measure the 
energy consumption, EDM, in kWh, in accordance with the test 
requirements specified in section 8, ``Capacity Test,'' and section 
9, ``Energy Consumption,'' respectively, of AHAM DH-1-2022, with the 
following exceptions and adjustments:
    (a) Each measurement of the temperature and relative humidity of 
the air entering the process air inlet duct and the reactivation air 
inlet must be within 73 [deg]F  2.0 [deg]F dry-bulb 
temperature and 60 percent  5 percent relative humidity, 
and the arithmetic average of the inlet test conditions over the 
test period shall be within 73 [deg]F  0.5 [deg]F dry-
bulb temperature and 60 percent  2 percent relative 
humidity;
    (b) Disregard the instructions for psychrometer placement;
    (c) Record dry-bulb temperatures, relative humidities, static 
pressures, velocity pressures in each duct, volumetric air flow 
rates, and the number of measurements in the test period;
    (d) Disregard the requirement to weigh the condensate collected 
during the test;
    (e) The rating test period must be 2 hours; and
    (f) To perform the calculations in section 9.4, ``Calculation of 
Test Results,'' of AHAM DH-1-2022:
    (i) Replace ``Condensate collected (lb)'' and ``mlb'', with the 
weight of condensate removed, W, as calculated in section 5.6 of 
this appendix; and
    (ii) Use the recorded relative humidities, not the tables in 
section 4.1.1 of this appendix, to determine average relative 
humidity.
    4.2 Off-cycle mode. Follow requirements for test measurement in 
off-cycle mode of operation in accordance with section 9.3.2 of AHAM 
DH-1-2022.
    4.3 Inactive and off mode. Follow requirements for test 
measurement in inactive and off modes of operation in accordance 
with section 9.3.1 of AHAM DH-1-2022.
* * * * *
    5. * * *
    5.4 Integrated energy factor. Calculate the integrated energy 
factor, IEF, in L/kWh, rounded to two decimal places, according to 
the following:
[GRAPHIC] [TIFF OMITTED] TR26JY23.017


[[Page 48055]]


Where:

Cr = corrected product capacity in pints per day, as 
determined in section 5.2 of this appendix;
2 = dehumidification mode test duration in hours;
EDM = energy consumption during the 2-hour 
dehumidification mode test in kWh, as measured in section 4.1 of 
this appendix;
ETLP = annual combined low-power mode energy consumption 
in kWh per year, as calculated in section 5.3 of this appendix;
1,095 = dehumidification mode annual hours, used to convert 
ETLP to combined low-power mode energy consumption per 
hour of dehumidification mode;
1.04 = the density of water in pounds per pint;
0.454 = the liters of water per pound of water; and
24 = the number of hours per day.
* * * * *
[FR Doc. 2023-14980 Filed 7-25-23; 8:45 am]
BILLING CODE 6450-01-P