Energy Conservation Program: Energy Conservation Standards for Clothes Washers and Clothes Dryers, 49297-49312 [2020-15750]
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Federal Register / Vol. 85, No. 157 / Thursday, August 13, 2020 / Proposed Rules
in their entirety in § 430.3; however, only
enumerated provisions of these documents
are applicable to this appendix, as follows:
(a) ASME A112.18.1–2012, Plumbing
supply fittings, section 5.4, Flow rate,’’ as
specified in section 2.a. of this appendix.
(b) ASME A112.18.1–2018, Plumbing
supply fittings, section 5.4, Flow rate,’’ as
specified in section 2.b. of this appendix.
*
*
*
*
*
*
*
*
2. * * *
*
*
b. Showerheads—(1) The test procedures to
measure the water flow rate for showerheads,
expressed in gallons per minute (gpm) and
liters per minute (L/min), shall be conducted
in accordance with the test requirements
specified in section 5.4, Flow Rate, of ASME
A112.18.1–2018 (incorporated by reference,
see § 430.3). Measurements shall be recorded
at the resolution of the test instrumentation.
Calculations shall be rounded off to the same
number of significant digits as the previous
step. The final water consumption value
shall be rounded to one decimal place. If the
time/volume method of section 5.4.2.2(d) is
used, the container must be positioned as to
collect all water flowing from the
showerhead, including any leakage from the
ball joint.
(2) For products with multiple
showerheads, test one showerhead if each
showerhead has an identical flow control
mechanism attached to or installed within
the supply fitting and identical water-passage
design features that use the same path of
water in the highest flow mode. If all
showerheads are not identical, test the
showerhead with the maximum water flow
rate. Where it is not possible to isolate the
showerhead under test, test with all
showerheads flowing at the maximum rate
and measure the flow rate of only the
showerhead under test.
[FR Doc. 2020–15749 Filed 8–12–20; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
10 CFR Part 430
[EERE–2020–BT–STD–0001]
RIN 1904–AE86
Energy Conservation Program: Energy
Conservation Standards for Clothes
Washers and Clothes Dryers
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Energy Policy and
Conservation Act, as amended
(‘‘EPCA’’), prescribes energy
conservation standards for various
consumer products and certain
commercial and industrial equipment,
including residential clothes washers
and consumer clothes dryers. In this
notice of proposed rulemaking
SUMMARY:
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(‘‘NOPR’’), the Department of Energy
(DOE) proposes to establish separate
product classes for top-loading
residential clothes washers and
consumer clothes dryers that offer cycle
times for a normal cycle of less than 30
minutes, and for front-loading
residential clothes washers that offer
cycle times for a normal cycle of less
than 45 minutes. DOE would consider
appropriate energy and water efficiency
standards for such product classes, if
adopted, in separate rulemakings.
DATES: Written comments, data, and
information regarding this NOPR will be
accepted on or before September 14,
2020.
Interested persons are
encouraged to submit comments using
the Federal eRulemaking Portal at
https://www.regulations.gov. Follow the
instructions for submitting comments.
Alternatively, interested persons may
submit comments, identified by docket
number EERE–2020–BT–STD–0001, by
any of the following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
(2) Email: ConsumerWashersDryers
2020STD0001@ee.doe.gov. Include the
docket number EERE–2017–BT–STD–
0001 in the subject line of the message.
(3) Postal Mail: Appliance and
Equipment Standards Program, U.S.
Department of Energy, Building
Technologies Office, Mailstop EE–5B,
1000 Independence Avenue SW,
Washington, DC 20585–0121.
Telephone: (202) 287–1445. If possible,
please submit all items on a compact
disc (‘‘CD’’), in which case it is not
necessary to include printed copies.
(4) Hand Delivery/Courier: Appliance
and Equipment Standards Program, U.S.
Department of Energy, Building
Technologies Office, 950 L’Enfant Plaza
SW, 6th Floor, Washington, DC 20024.
Telephone: (202) 287–1445. If possible,
please submit all items on a CD, in
which case it is not necessary to include
printed copies.
No telefacsimilies (‘‘faxes’’) will be
accepted. For detailed instructions on
submitting comments and additional
information on the rulemaking process,
see section V of this document.
Docket: The docket for this activity,
which includes Federal Register
notices, comments, and other
supporting documents/materials, is
available for review at https://
www.regulations.gov. All documents in
the docket are listed in the https://
www.regulations.gov index. However,
not all documents listed in the index
may be publicly available, such as
ADDRESSES:
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information that is exempt from public
disclosure.
The docket web page can be found at
https://www.regulations.gov/#!docket
Detail;D=EERE-2020-BT-STD-0001. The
docket web page contains instructions
on how to access all documents,
including public comments, in the
docket. See section V for information on
how to submit comments through
https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Mr.
Bryan Berringer, U.S. Department of
Energy, Office of Energy Efficiency and
Renewable Energy, Building
Technologies Office, EE–5B, 1000
Independence Avenue SW, Washington,
DC 20585–0121. Email: Appliance
StandardsQuestions@ee.doe.gov.
Ms. Jennifer Tiedeman, U.S.
Department of Energy, Office of the
General Counsel, GC–33, 1000
Independence Avenue SW, Washington,
DC 20585–0121. Telephone: (202) 287–
6111. Email: Jennifer.Tiedeman@
hq.doe.gov.
For further information on how to
submit a comment, review other public
comments and the docket, or participate
in the public meeting, contact the
Appliance and Equipment Standards
Program staff at (202) 287–1445 or by
email: ApplianceStandardsQuestions@
ee.doe.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
A. Consumer (Residential) Clothes Washers
and Clothes Dryers
B. Cycle Time Considerations for
Appliance Standards
II. General Discussion
A. Legal Authority
B. Cycle Time Data
1. Residential Clothes Washers
2. Consumer Clothes Dryers
C. Separate Short-Cycle Product Classes
1. Residential Clothes Washers
2. Consumer Clothes Dryers
D. EPCA’s Anti-Backsliding Provision
III. Conclusion
IV. Request for Comments, Data, and
Information
V. Submission of Comments
VI. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866
‘‘Regulatory Planning and Review’’
B. Review Under Executive Orders 13771
and 13777
C. Review Under the Regulatory Flexibility
Act
D. Review Under the Paperwork Reduction
Act
E. Review Under the National
Environmental Policy Act of 1969
F. Review Under Executive Order 13132
G. Review Under Executive Order 12988
H. Review Under the Unfunded Mandates
Reform Act of 1995
I. Review Under the Treasury and General
Government Appropriations Act, 1999
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J. Review Under Executive Order 12630
K. Review Under the Treasury and General
Government Appropriations Act, 2001
L. Review Under Executive Order 13211
VII. Approval of the Office of the Secretary
I. Background
A. Consumer (Residential) Clothes
Washers and Clothes Dryers
The Energy Policy and Conservation
Act, as amended (‘‘EPCA’’),1 authorizes
DOE to regulate the energy efficiency of
a number of consumer products and
certain industrial equipment. (42 U.S.C.
6291–6317) Title III, Part B of EPCA
established the Energy Conservation
Program for Consumer Products Other
Than Automobiles. These products
include consumer (residential) clothes
washers and clothes dryers, the subject
of this document. (42 U.S.C. 6292(a)(7)
and (8)) EPCA prescribed energy
conservation standards for these
products, and directed DOE to conduct
a series of rulemakings to determine
whether to amend these standards. (42
U.S.C. 6295(g)(2), (3), and (4)(A) and
(B))
DOE completed the additional
rulemakings for residential clothes
washers with the publication of a direct
final rule on May 31, 2012 (‘‘May 2012
final rule’’). 77 FR 32308. DOE
completed the additional rulemakings
for consumer clothes dryers by
publishing a direct final rule on April
21, 2011, which amended the energy
conservation standards for consumer
clothes dryers. 76 FR 22454; 76 FR
52852 (Aug. 24, 2011).
EPCA directs that when prescribing
an energy conservation standard for a
type (or class) of a covered product,
DOE must specify—
[A] Level of energy use or efficiency
higher or lower than that which applies
(or would apply) for such type (or class)
for any group of covered products
which have the same function or
intended use, if DOE determines that
covered products within such a group—
(A) Consume a different kind of
energy from that consumed by other
covered products within such type (or
class); or
(B) Have a capacity or other such
performance-related feature which other
products within such type (or class) do
not have and such feature justifies a
higher or lower standard from that
which applies (or will apply) to other
products within such type.
In making a determination concerning
whether a performance-related feature
1 All references to EPCA in this document refer
to the statute in its current form, as amended
through America’s Water Infrastructure Act of 2018,
Public Law 115–270 (Oct. 23, 2018).
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justifies the establishment of a higher or
lower standard, DOE must consider
such factors as the utility to the
consumer of such a feature, and such
other factors as DOE deems appropriate.
(42 U.S.C. 6295(q)(1))
The current energy conservation
standards establish four product classes
for residential clothes washers by
distinguishing between products on the
basis of both clothing container capacity
and axis of loading. 10 CFR 430.32(g)(4).
A standard clothes washer has a
clothing container capacity greater than
or equal to 1.6 cubic feet (ft3), while a
compact clothes washer has a clothing
container capacity less than 1.6 ft3. Axis
of loading is differentiated by toploading or front-loading. Id.
For consumer clothes dryers, the
current energy conservation standards
define six product classes, differentiated
by the following characteristics: fuel
source (electric or gas), venting
configuration (vented or ventless), drum
capacity (standard (greater than or equal
to 4.4 ft3) or compact (less than 4.4 ft3)),
integration with a clothes washer
(combination washer-dryer), and for
electric compact clothes dryers, voltage
(120 V or 240 V). 10 CFR 430.32(h)(3).
B. Cycle Time Considerations for
Appliance Standards
On March 21, 2018, the Competitive
Enterprise Institute (‘‘CEI’’) petitioned
DOE to initiate a rulemaking to define
a new product class under 42 U.S.C.
6295(q) for residential dishwashers.2
The new product class would cover
dishwashers with a cycle time for a
normal cycle of less than one hour from
washing through drying. CEI stated that
dishwasher cycle times have become
dramatically longer under existing DOE
energy conservation standards, and that
consumer satisfaction/utility has
dropped as a result of these longer cycle
times. CEI also provided data regarding
the increase in dishwasher cycle time,
including data that correlated increased
cycle time with DOE’s adoption of
amended efficiency standards for
dishwashers.
Based upon its evaluation of the CEI
petition and consideration of the public
comments received in response to the
notice of petition published in the
Federal Register on April 24, 2018 (83
FR 17768), DOE granted the petition for
rulemaking and proposed a dishwasher
product class with a cycle time for the
normal cycle of less than one hour. 84
FR 33869 (July 16, 2019). In that
2 The petition for rulemaking, attachments, and
data submitted by CEI are available in docket
number EERE–2018–BT–STD–0005 at https://
www.regulations.gov.
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proposed rule DOE reiterated its prior
conclusion with respect to commercial
clothes washers that ‘‘the longer average
cycle time of front-loading machines
warrants consideration of separate
[product] classes.’’ 79 FR 74492, 74498
(Sept. 15, 2014). Further, DOE stated its
position that, similar to commercial
clothes washers, cycle time for
dishwashers is a performance-related
feature for purposes of 6295(q) that
justifies a higher or lower standard than
that applicable to other dishwasher
product classes.
Consumer use of residential clothes
washers and consumer clothes dryers is
similar to that of residential
dishwashers (i.e., the products provide
consumer utility over discrete cycles
with programmed cycle times, and
consumers run these cycles multiple
times per week on average). In Section
II of this NOPR, DOE presents cycle
time data that DOE has gathered in
support of its proposal to establish
separate product classes for residential
clothes washers and consumer clothes
dryers to preserve a performance-related
feature of both residential clothes
washers and consumer clothes dryers
(i.e., the consumer utility of a short
cycle time).
II. General Discussion
A. Legal Authority
Consistent with the analysis
presented in the proposed rulemaking to
establish a new dishwasher product
class (84 FR 33869, 33871–33873; July
16, 2019), DOE has concluded it has
legal authority pursuant to 42 U.S.C.
6295(q) to establish separate product
classes for residential clothes washers
and consumer clothes dryers.
As explained in the dishwasher
NOPR, DOE has taken the view in
numerous prior rulemakings (cited and
discussed in this paragraph and the next
few paragraphs) that consumer utility is
an aspect of the product that is
accessible to the layperson and based on
user operation, rather than performing a
theoretical function. This interpretation
has been implemented in DOE’s
previous determinations of utility
through the value the particular feature
brings to the consumer, rather than
through analyzing more complicated
design features or costs that anyone,
including the consumer, manufacturer,
installer, or utility companies may bear.
DOE has determined that this approach
is consistent with EPCA’s requirement
for a separate and extensive analysis of
economic justification for the adoption
of any new or amended energy
conservation standard. See, e.g.,
discussion in DOE’s proposed rule and
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supplemental proposed rule to establish
amended energy conservation standards
for furnaces at 80 FR 13120, 13137 (Mar.
12, 2015); 81 FR 65720, 65752–65755
(Sept. 23, 2016). Under this approach,
DOE determined that the window in an
oven door was a ‘‘feature’’ justifying a
different standard.3 Similarly, DOE also
determined that consumers may value
other features such as the ability to selfclean,4 size,5 and configuration.6 In
contrast, DOE determined that water
heaters using electric resistance
technology did not merit a product class
separate from water heaters using heat
pump technology.7 In both heat-pump
and electric storage water heaters, the
same utility to the consumer (i.e., hot
water) was provided by units using
different technology.
In a rulemaking to amend standards
applicable to commercial clothes
washers, DOE determined that the ‘‘axis
of loading’’ constituted a feature that
justified separate product classes for
top-loading and front-loading clothes
washers. DOE also determined that ‘‘the
longer average cycle time of frontloading machines warrants
consideration of separate [product]
classes.’’ See final rule to amend
standards at 79 FR 74492, 74498 (Sept.
15, 2014). DOE stated that a split in
preference between top-loaders and
front-loaders would not indicate
consumer indifference to the axis of
loading, but rather that a certain
percentage of the market expresses a
preference for (i.e., derives utility from)
the top-loading configuration. DOE
further noted that separation of clothes
washer product classes by location of
access is similar in nature to the product
classes for residential refrigeratorfreezers, which include separate
product classes based on the access of
location of the freezer compartment
(e.g., top-mounted, side-mounted, and
bottom-mounted). The location of the
freezer compartment on these products
provides no additional performancerelated utility other than consumer
preference. In other words, the location
of access itself provides distinct
consumer utility. Id. at 79 FR 74499.
DOE also reasoned that top-loading
residential clothes washers are available
with the same efficiency levels, control
3 63
FR 48038, 48041 (Sept. 8, 1998).
FR 62034, 62048 (Oct. 17, 2008) (separating
standard and self-cleaning ovens into different
product classes).
5 77 FR 32037, 32319 (May 31, 2012) (creating a
separate product class for compact front-loading
residential clothes washers).
6 75 FR 59469 (Sept. 27, 2010) (creating a separate
product class for refrigerators with bottom-mounted
freezers).
7 74 FR 65852, 65871 (Dec. 11, 2009).
4 73
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panel features, and price points as frontloading residential clothes washers, and
that given these equivalencies, purchase
of top-loaders indicates a preference
among certain consumers for the toploading configuration, i.e., the toploading configuration provides utility to
those customers preferring one
configuration over another, with all
other product attributes being equal. Id.
DOE acknowledged that its
determination of what constitutes a
performance-related feature justifying a
different standard could change
depending on the technology and the
consumer, and that as a result, certain
products may entirely disappear from
the market due to shifting consumer
demand. DOE determines such value on
a case-by-case basis through its own
research as well as public comments
received, the same approach that DOE
employs in all other parts of its energy
conservation standards rulemaking. See
proposed rule to amend standards for
residential furnaces at 80 FR 13120,
13138 (Mar. 12, 2015).
DOE applied this same approach to
cycle time for dishwashers in the
product class NOPR. 84 FR 33869,
33872 (July 16, 2019). Consumer use of
residential clothes washers and
consumer clothes dryers is similar to
that of residential dishwashers, in that
the products provide consumer utility
over discrete cycles with programmed
cycle times, and consumers run these
cycles multiple times per week on
average. As such, the impact of cycle
time on consumer utility identified by
CEI in its petition regarding
dishwashers is also relevant to
residential clothes washers and
consumer clothes dryers. More
importantly, DOE previously
determined in the context of residential
clothes washers that cycle time warrants
consideration of separate classes. See
final standards rule at 77 FR 32308,
32319 (May 31, 2012).
DOE understands that a consumer’s
perception of the utility provided by a
clothes washer encompasses multiple
aspects of performance such as: stain
removal (i.e., ‘‘cleaning performance’’),
solid particle removal, rinsing
effectiveness, fabric gentleness, cycle
time, noise, vibration, and others. A
clothes washer’s overall performance is
a balance among all of these
interdependent attributes, and each
manufacturer chooses how to balance
these aspects of performance.
Furthermore, achieving better
performance in one attribute may
require a tradeoff with one or more
other attributes. Similar tradeoffs may
exist among the performance attributes
of clothes dryers as well, such as
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dryness, fabric gentleness, wrinkle
removal, and cycle time.
Recognizing the interdependence of
these multiple aspects of performance in
clothes washers and clothes dryers,
manufacturers are currently offering
models implementing a range of clothes
washer and clothes dryer performance
characteristics. DOE presumes that the
shortest possible cycle times currently
available on the market represent the
models for which manufacturers have
prioritized cycle time while maintaining
adequate performance across the other
performance aspects. These models
must also meet the applicable energy
and water conservation standard. Based
on this presumption, the current energy
conservation standards may be
precluding manufacturers from bringing
models to the market with substantially
shorter cycle times. Offering products
with shorter cycle times (which would
provide greater consumer utility for that
aspect of performance) would require
more per-cycle energy and/or water use
than would be permitted under the
current standards in order to maintain
the same level of performance in other
areas (e.g., cleaning, noise, etc.).
Accordingly, DOE proposes to
establish separate product classes for
residential clothes washers and
consumer clothes dryers based on the
cycle time required for a normal cycle
to wash and dry, respectively, clothing
loads. DOE concludes that cycle time for
residential clothes washers and clothes
dryers is a performance-related feature
for purposes of 42 U.S.C. 6295(q) that
justifies a higher or lower standard than
that applicable to other product classes
of residential clothes washers and
clothes dryers.
Based on the data presented in section
II.B, DOE proposes to establish separate
product classes for top-loading
residential clothes washers with an
average cycle time of less than 30
minutes when conducting the DOE
clothes washer test procedure at 10 CFR
part 430, subpart B, appendix J2
(‘‘Appendix J2’’). DOE also proposes to
establish separate product classes for
front-loading residential clothes
washers with an average cycle time of
less than 45 minutes when conducting
the same DOE test procedure. For
consumer clothes dryers, DOE proposes
separate product classes for clothes
dryers with a cycle time of less than 30
minutes when conducting the DOE
clothes dryer test procedure at 10 CFR
part 430, subpart B, appendix D2
(‘‘Appendix D2’’). DOE seeks comment
on other appropriate time frames that it
could consider in developing the final
rule.
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DOE makes clear that if it were to
finalize this proposal and thereby
establish separate product classes for
residential clothes washers and
consumer clothes dryers, no energy
efficiency standards yet apply to such
products. DOE would need to undertake
rulemaking pursuant to the procedures
established in EPCA and the
methodology required by its procedures
codified at appendix A to subpart C of
10 CFR part 430. Accordingly, DOE
proposes to establish product classes
based on cycle time as follows:
(1) Top-loading, standard-size clothes
washers with an average cycle time of
less than 30 minutes and front-loading,
standard-size clothes washers with an
average cycle time of less than 45
minutes; and
(2) Vented, electric standard-size
clothes dryers and vented gas clothes
dryers with a test cycle time of less than
30 minutes.
Such products would not be subject to
the applicable DOE test procedure or
energy conservation standards, unless
and until DOE were to complete
appropriate rulemaking to establish
applicable test procedures and energy
conservation standards.
B. Cycle Time Data
DOE gathered data on cycle times for
a range of residential clothes washers
and consumer clothes dryers, with test
units representing the most popular
product classes for each product. This
document provides a high-level
summary of this data. DOE is also
including a separate technical appendix
in the docket of this rulemaking that
includes a more detailed presentation of
the data.8
1. Residential Clothes Washers
For residential clothes washers, the
top-loading standard-size and frontloading standard-size product classes
combined represent over 95 percent of
models currently available on the
market. DOE does not have data
regarding the current distribution of
shipments by product class; however, in
DOE’s experience, model-based
distributions provide a close
approximation of shipments-based
distributions for residential laundry
products. DOE’s Compliance
Certification Database 9 contains 501
unique basic models of residential
clothes washers. The number of unique
8 The
technical appendix is available in the
docket for this rulemaking at https://
www.regulations.gov.
9 DOE’s Compliance Certification Database is
available at https://www.regulations.doe.gov/
compliance-certification-database. Last accessed
March 12, 2020.
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DOE evaluated the cycle times of a
representative sample of units within
the top-loading standard-size and frontloading standard-size product classes.
For the top-loading standard-size
product class, DOE tested 23 units
representing 10 brands across 7
manufacturers. For the front-loading
standard-size product class, DOE tested
20 units representing 14 brands across
12 manufacturers. The technical
appendix provides additional details of
the technical attributes of each of the
units evaluated.
To evaluate the cycle time of each
unit, DOE analyzed test data from
performing the Appendix J2 test
procedure once in its entirety for each
unit. Appendix J2 is the DOE test
procedure required to demonstrate
compliance with the current energy
conservation standards. The Appendix
J2 procedure requires testing a complete
set of wash/rinse temperature selections
and load sizes; the specific temperatures
and load sizes required for testing are
defined in the test procedure and are
based on the user-selectable options and
features available on the model.10 In
general, testing is performed using the
‘‘normal’’ cycle (i.e., wash program),
which is defined as the wash program
recommended for normal, regular, or
typical use for washing up to a full load
of normally-soiled cotton clothing. For
clothes washers with manual water fill
control systems (in which the user
physically selects the water fill level),
Appendix J2 requires testing each
available temperature selection using
two load sizes: minimum and
maximum. For clothes washers with
automatic water fill control systems
(i.e., ‘‘load-sensing’’), Appendix J2
requires testing each available
temperature selection using three load
sizes: minimum, average, and
maximum.11 Among the top-loading
standard-size units that DOE evaluated,
5 models have a manual water fill
control system, 14 models have an
automatic water fill control system, and
4 models have both manual and
automatic water fill systems. All 20
front-loading standard-size units that
DOE evaluated have an automatic water
fill control system. DOE is not aware of
any front-loading models on the market
with a manual water fill control system.
The DOE test procedure specifies usage
factors for the various tested
temperature selections and load sizes, to
combine the results of all the required
wash cycles when calculating the
integrated modified energy factor
(‘‘IMEF’’) rating and integrated water
factor (‘‘IWF’’) rating.12
Clothes washers offer a variety of
wash temperature selections (e.g., Cold,
Cool, Warm, Hot, Extra Hot/Sanitize,
etc.). Typically, clothes washer models
offer between three and five wash
temperatures that are available for the
consumer to choose when selecting the
‘‘normal’’ cycle. As described, each
temperature selection required for
testing is tested using the two or three
different load sizes, depending on the
type of water fill control, as part of the
Appendix J2 test procedure.
As an example, consider a
representative load-sensing clothes
washer with four available wash
temperatures in the normal cycle (e.g.,
Cold, Cool, Warm, Hot). On such a
model, conducting Appendix J2 once in
its entirety would require performing 12
individual test cycles (i.e., running test
cycles on all four temperature settings
with each of the three load sizes), the
results of which would be combined in
a weighted average to produce the IMEF
and IWF values.
For each unit in its test sample, DOE
evaluated cycle time using the complete
set of wash cycle configurations
(combinations of wash/rinse
temperature settings and load sizes)
required by the DOE test procedure. The
technical appendix provides additional
details of the wash cycle configurations
for each unit. The number of wash cycle
configurations ranged from 9 (for a
manual water fill unit with three
temperature selections, each tested with
two load sizes) to 21 (for a load-sensing
unit with seven temperature selections,
each tested with three load sizes).
Appendix J2 does not include
provisions for determining a single
10 Sections 2.12 and 2.8 of Appendix J2 specify
the wash/rinse temperatures and load sizes required
for testing, respectively.
11 Section 2.8 of Appendix J2 specifies the
number of load sizes to use based on the model’s
water fill control system. Table 5.1 of Appendix J2
specifies the weight of each load size to be used for
testing, based on the measured capacity of the unit.
12 Table 4.1.1 of Appendix J2 defines the
‘‘temperature use factors,’’ which are the consumer
usage factors applied to the temperature selections;
and Table 4.1.3 of Appendix J2 defines the ‘‘load
usage factors’’, which are the consumer usage
factors applied to the load sizes. These usage factors
are based on based on surveys and other data
reflecting consumer usage patterns.
basic models in each product class
(including the corresponding percentage
of the total 501 models) are as follows:
• Top-Loading, Standard-Size: 293 (58.5
percent)
• Front-Loading, Standard-Size: 187
(37.3 percent)
• Top-Loading, Compact: 20 (4.0
percent)
• Front-Loading, Compact: 1 (0.2
percent)
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cycle time metric for residential clothes
washers. To evaluate overall cycle times
for model-to-model comparisons, DOE
considered three distinct methods for
representing the cycle time of each
individual unit:
1. The arithmetic average of the
individual cycle times for each wash
cycle configuration conducted as part of
the Appendix J2 test procedure.
2. The weighted average of the
individual cycle times for each wash
cycle configuration conducted as part of
the Appendix J2 test procedure, using
the temperature use factors and load
usage factors as defined by Appendix J2
for the weighting.
3. The median cycle time of the
complete set of wash cycle
configurations conducted as part of the
Appendix J2 test procedure.
The data presented below show the
results using each of these three
methods. The technical appendix
includes tables that provide, for each
unit evaluated, the individual cycle
times for each wash cycle configuration
conducted as part of the Appendix J2
test procedure that were used as the
basis of this analysis. For the purpose of
this evaluation, DOE considered
individual cycle time as the time
required to complete the entire active
washing mode (washing, soaking,
tumbling, agitating, rinsing, and/or
removing water from the load), not
including any continuous status
display, intermittent tumbling, or air
circulation following operation in active
washing mode. DOE recognizes that the
cycle times associated with specific
wash/rinse temperature combinations,
load sizes, or other cycle configurations
could also provide useful comparisons
across models.
DOE testing indicates that for a given
model, the cycle time of any individual
wash cycle may be dependent upon the
options that are selected for the wash
cycle and the size of the load being
washed. For example, an Extra Hot/
Sanitize temperature selection typically
has a longer cycle time than other
lower-temperature selections because of
the need to heat the water internally to
high temperatures, and for the clothes to
remain heated for a sufficient amount of
time to achieve sanitization. As another
example, for load-sensing clothes
washers, cleaning a large load size will
typically result in a longer cycle time
than a small load size. DOE testing
suggests, however, that the difference in
cycle times as a result of these different
selections for a given model (other than
for an Extra Hot/Sanitize temperature
selection) is typically less than the range
in cycle times among different models
on the market.
Table II.1 and Table II.2 of this
document provide the cycle time
(determined using each of the three
methods described above) for the toploading standard-size and front-loading
standard-size residential clothes washer
test units, respectively. The data include
each unit’s IMEF and IWF rating, as
measured under Appendix J2. Figure
II.1 and Figure II.2 present the same
data graphically, showing cycle time
with respect to each unit’s IMEF rating
for each of the three methods described
above. For the IMEF rating, a higher
value indicates more efficient energy
performance. For the IWF rating, a
lower value indicates more efficient
water performance. (See the technical
appendix for additional details of the
technical attributes of each of the units
evaluated.)
TABLE II.1—CALCULATED CYCLE TIME FOR TOP-LOADING, STANDARD-SIZE RESIDENTIAL CLOTHES WASHERS
Rated IMEF
(cu.ft./kWh/
cycle)
Test unit
1 ...........................................................................................
2 ...........................................................................................
3 ...........................................................................................
4 ...........................................................................................
5 ...........................................................................................
6 ...........................................................................................
7 ...........................................................................................
8 ...........................................................................................
9 ...........................................................................................
10 .........................................................................................
11 .........................................................................................
12 .........................................................................................
13 .........................................................................................
14 .........................................................................................
15 .........................................................................................
16 .........................................................................................
17 .........................................................................................
18 .........................................................................................
19 .........................................................................................
20 .........................................................................................
21 .........................................................................................
22 .........................................................................................
23 .........................................................................................
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Rated IWF
(gal/cycle/
cu.ft.)
1.57
1.57
1.57
1.57
1.57
1.57
1.57
1.57
1.57
1.71
1.57
1.57
1.57
1.57
2.06
2.38
1.57
1.57
1.57
1.57
1.57
1.57
1.57
Fmt 4702
Sfmt 4702
Cycle time
(min)
Method 1:
arithmetic
average
6.5
6.5
6.5
6.5
6.5
6.5
6.5
6.5
6.5
4.7
6.5
6.5
6.5
6.5
3.8
3.7
6.5
6.5
6.5
6.5
6.5
6.5
6.5
E:\FR\FM\13AUP1.SGM
Method 2:
weighted
average
41
45
50
64
59
45
40
38
47
40
29
56
55
47
66
66
27
27
42
42
51
50
50
13AUP1
Method 3:
median
43
50
58
74
61
45
41
38
46
45
29
57
56
54
66
67
28
27
43
43
52
51
51
42
45
51
65
55
44
41
38
46
35
29
57
56
47
66
60
28
27
43
42
52
50
49
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TABLE II.2—CALCULATED CYCLE TIME FOR FRONT-LOADING, STANDARD-SIZE RESIDENTIAL CLOTHES WASHERS
Test unit
1 ...........................................................................................
2 ...........................................................................................
3 ...........................................................................................
4 ...........................................................................................
5 ...........................................................................................
6 ...........................................................................................
7 ...........................................................................................
8 ...........................................................................................
9 ...........................................................................................
10 .........................................................................................
11 .........................................................................................
12 .........................................................................................
13 .........................................................................................
14 .........................................................................................
15 .........................................................................................
16 .........................................................................................
17 .........................................................................................
18 .........................................................................................
19 .........................................................................................
20 .........................................................................................
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Rated IWF
(gal/cycle/
cu.ft.)
2.49
2.22
2.76
2.09
1.86
2.07
2.40
1.85
1.84
1.85
1.85
1.87
2.80
3.00
2.38
1.84
1.85
1.84
1.84
2.38
Fmt 4702
Sfmt 4725
Cycle time
(min)
Method 1:
arithmetic
average
3.5
3.7
3.2
2.8
3.4
4.2
3.7
4.7
4.7
4.6
4.7
4.5
3.0
2.9
3.7
4.6
4.6
4.7
4.7
3.7
E:\FR\FM\13AUP1.SGM
Method 2:
weighted
average
58
69
47
75
68
67
50
78
52
54
77
48
57
68
45
48
77
90
47
59
13AUP1
Method 3:
median
55
66
47
71
68
59
39
79
54
53
77
48
49
69
45
49
77
78
46
58
56
66
47
70
68
57
35
79
55
53
78
48
49
65
45
46
78
79
43
50
EP13AU20.005</GPH>
Rated IMEF
(cu.ft./kWh/
cycle)
Federal Register / Vol. 85, No. 157 / Thursday, August 13, 2020 / Proposed Rules
2. Consumer Clothes Dryers
For consumer clothes dryers, the
vented electric standard-size and vented
gas product classes combined represent
over 89 percent of models currently
available on the market. DOE does not
have data regarding the current
distribution of shipments by product
class; however, in DOE’s experience,
model-based distributions provide a
close approximation of shipments-based
distributions for residential laundry
products. DOE’s Compliance
Certification Database contains 686
unique basic models of residential
clothes dryers. The number of unique
basic models in each product class
(including the corresponding percentage
of the total 686 models) are as follows:
• Vented Electric, Standard-Size: 353
(51.5 percent)
• Vented Gas: 261 (38.0 percent)
• Vented Electric, Compact (120V): 22
(3.2 percent)
• Vented Electric, Compact (240V): 20
(2.9 percent)
• Ventless Electric, Compact (240V): 12
(1.7 percent)
• Ventless Electric, Combination
Washer-Dryer: 18 (2.6 percent)
DOE evaluated the cycle times of a
representative sample of units within
the vented electric standard-size and
vented gas product classes. For the
vented electric standard-size product
class, DOE tested 6 units representing 4
brands across 4 manufacturers. In
addition, DOE evaluated cycle time data
from the ENERGY STAR product
database 13 for an additional 245 vented
electric standard-size units representing
14 brands across 7 manufacturers. For
the vented gas product class, DOE tested
8 units representing 4 brands across 4
manufacturers. In addition, DOE
evaluated cycle time data from the
ENERGY STAR product database for an
additional 110 vented gas units
representing 9 brands across 5
manufacturers. In total, DOE evaluated
the cycle times of units representing
over 50 percent of residential clothes
dryer basic models. The technical
appendix provides additional details of
the technical attributes of each of the
units evaluated.
To evaluate the cycle time of each
tested unit, DOE analyzed data from
performing the Appendix D2 test
procedure. Appendix D2 is currently
optional for demonstrating compliance
13 Manufacturers must report cycle time as tested
under Appendix D2 when seeking ENERGY STAR
qualification for a consumer clothes dryer basic
model. ENERGY STAR product database for clothes
dryers is available at https://www.energystar.gov/
productfinder/product/certified-clothes-dryers/
results. Last accessed January 22, 2020.
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with the current DOE energy
conservation standards, but is used for
demonstrating compliance with
ENERGY STAR criteria. Appendix D2
specifies that clothes dryers with
automatic cycle termination be operated
using the ‘‘normal’’ program (or the
cycle recommended by the
manufacturer for drying cotton or linen
clothes in the absence of a normal
program) until the completion of the
cycle, as indicated to the consumer.
Where it is possible for the drying
temperature and dryness level to be
selected independently of the program,
the maximum drying temperature
setting is used with the ‘‘normal’’ or
‘‘medium’’ dryness level (or the midpoint between the minimum and
maximum settings). Section 3.3.2 of
Appendix D2.
In contrast, Appendix D1 does not
provide data that can be used to
determine a ‘‘cycle time’’ as experienced
by the consumer. Performing the
Appendix D1 test procedure requires
operating the dryer on a timed dry cycle
set to the maximum time available,
artificially stopping the drying cycle
when the moisture content of the load
is between 2.0 and 5.5 percent of the
bone-dry weight of the cloth,
normalizing the measured energy to
represent a standardized moisture
content removal of 53.5 percent, and
applying a field use factor to calculate
the representative per-cycle energy use.
Because Appendix D1 requires
manually stopping operation at a
specified moisture content, normalizing,
and applying a field use factor, the
length of time that a clothes dryer is
operated during an Appendix D1 test
does not necessarily correspond to the
length of time that a consumer would
operate the clothes dryers (in contrast to
the calculated energy use, which is
representative of the energy use
experienced by the consumer).14
The sample of models tested by DOE
were certified to DOE using Appendix
D1, but tested by DOE using Appendix
D2 for the purpose of determining cycle
time in this analysis. All of the models
analyzed from the ENERGY STAR
database were certified to ENERGY
STAR using Appendix D2. All of the
models in DOE’s test sample provide
automatic cycle termination capability.
14 Appendix D1 does not provide data that can be
used to determine a ‘‘cycle time’’ because the
drying cycle is artificially terminated. The
artificially terminated cycle has a field use factor
applied to calculate representative energy
consumption. Appendix D2 provides representative
energy use and a corresponding cycle time, because
the cycle is run from start to completion without
being artificially terminated.
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49303
Under Appendix D2, the combined
energy factor (‘‘CEF’’) rating is based on
the energy consumption of a single test
cycle.15 The cycle time evaluated by
DOE represents the total cycle time as
tested under Appendix D2, excluding
any wrinkle prevention mode that
continuously or intermittently tumbles
the clothes dryer drum after the clothes
dryer indicates to the user that the cycle
has finished. Table II.3 and Table II.4
provide the Appendix D2 cycle time
data for the vented electric standard-size
and vented gas clothes dryers tested by
DOE, respectively.16 The technical
appendix includes the additional cycle
time data evaluated for the models
certified in the ENERGY STAR database.
Figure II.3 and Figure II.4 present the
same data graphically, including the
additional cycle time data from the
ENERGY STAR product database.17
TABLE II.3—MEASURED CYCLE TIME
FOR VENTED ELECTRIC STANDARDSIZE CLOTHES DRYERS USING APPENDIX D2
Test unit
1
2
3
4
5
6
................
................
................
................
................
................
Rated CEF
(lbs/kWh)
3.73
3.73
3.73
3.74
3.74
3.73
Cycle time
(min)
40
62
67
39
36
45
TABLE II.4—MEASURED CYCLE TIME
FOR VENTED GAS CLOTHES DRYERS
USING APPENDIX D2
Test unit
1 ................
2 ................
Rated CEF
(lbs/kWh)
3.30
3.30
Cycle time
(min)
89
78
15 For automatic termination control dryers,
Appendix D2 requires that if the clothes dryer is
equipped with a mode that continuously or
intermittently tumbles the load after the indicating
the cycle has finished (i.e., wrinkle prevention
mode) that is activated by default in the as-shipped
position or if the manufacturer’s instructions
specify that the mode be activated for normal use,
the cycle is considered complete after the end of
wrinkle prevention mode. If at the end of the test
cycle, the final moisture content is greater than 2
percent, then the results for that test cycle are
discarded and the test is rerun with the highest
dryness level setting.
16 For both vented electric standard and vented
gas clothes dryers, baseline units with CEF values
near the current energy conservation standard level
are typically certified to DOE using Appendix D1.
The presented cycle times, however, are those
measured by DOE when the units were tested to
Appendix D2.
17 The technical appendix tables, available at
https://www.regulations.gov include the ENERGY
STAR data. This data is not included in this
document due to the very large number of models
included.
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TABLE II.4—MEASURED CYCLE TIME
FOR VENTED GAS CLOTHES DRYERS
USING APPENDIX D2—Continued
Test unit
3 ................
4 ................
Rated CEF
(lbs/kWh)
Cycle time
(min)
3.31
3.31
36
35
The data presented in this NOPR
demonstrate a wide range of cycle times
among the clothes dryer models within
each product class. Because these cycle
times correspond to the ‘‘normal’’
program on each model, the differences
among them may be due to the
characteristics of the heating element/
burner control scheme used by the
normal cycle; the effectiveness of the
automatic termination control system in
sensing the moisture content of the load
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TABLE II.4—MEASURED CYCLE TIME
FOR VENTED GAS CLOTHES DRYERS
USING APPENDIX D2—Continued
Test unit
Rated CEF
(lbs/kWh)
5 ................
6 ................
Cycle time
(min)
3.30
3.30
63
54
and ending the drying cycle when the
specified final moisture content is
reached, without significant overdrying; or other factors.
C. Separate Short-Cycle Product Classes
1. Residential Clothes Washers
For residential clothes washers, DOE’s
data indicate that for standard-size toploading units on the market, the shortest
available cycle time when tested under
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TABLE II.4—MEASURED CYCLE TIME
FOR VENTED GAS CLOTHES DRYERS
USING APPENDIX D2—Continued
Test unit
7 ................
8 ................
Rated CEF
(lbs/kWh)
3.30
3.30
Cycle time
(min)
33
51
Appendix J2 (the currently applicable
test procedure) is approximately 30
minutes. The data also indicate that for
standard-size front-loading units on the
market, the shortest available cycle time
when tested under Appendix J2 is
approximately 45 minutes. This
distinction demonstrates that frontloading clothes washers, which are
generally more efficient than toploading clothes washers, inherently
require additional time to wash a load
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of clothes. Front-loading clothes
washers typically use less water, and
thus less water heating energy, than
comparably-sized top-loading clothes
washers due to the tumbling action in
front-loading units, but the lower
mechanical cleaning action of this
tumbling as compared to the agitation in
top-loading units can result in relatively
longer cycle times to achieve similar
cleaning performance. DOE seeks to
preserve the utility of a short cycle time
for both top-loading and front-loading
clothes washers in this NOPR.
Appendix J2 specifies multiple test
cycles with varying temperature
selections and load sizes to be run as
part of the energy test cycle. Because
different residential clothes washers
may have a differing number of wash
and rinse temperature selections
required to be tested as part of the
energy test cycle in Appendix J2, and
because cycles conducted on the same
machine at different wash/rinse
temperature selections may have
differing cycle times, DOE proposes in
this NOPR that the cycle time for a
particular residential clothes washer
model would be considered to be the
average of the individual cycle times for
each test cycle conducted as part of the
energy test cycle specified in Appendix
J2. This corresponds to ‘‘Method 1’’
described in section II.B.1 of this
document. DOE is also proposing that
each individual cycle time would be
based on the time required to complete
the entire active washing mode (which
includes washing, soaking, tumbling,
agitating, rinsing, and/or removing
water from the load), not including any
continuous status display, intermittent
tumbling, or air circulation following
operation in active washing mode. This
approach would also provide
information to the consumer about an
average cycle time across all of the
cycles that are representative of
consumer usage, consistent with the
energy and water consumption
information provided in the Integrated
Modified Energy Factor (‘‘IMEF’’) and
Integrated Water Factor (‘‘IWF’’)
metrics, respectively, that are the bases
of the current energy conservation
standards for residential clothes
washers.
Issue 1: DOE requests comment on the
analysis used to determine cycle time
for residential clothes washers,
including whether calculating an
average value across all test cycles
(Method 1) is appropriate.
Issue 2: DOE also seeks comment on
whether, alternatively, a different
method for calculating cycle time
should be used, such as the weightedaverage method (Method 2 described in
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section II.B.1 of this document) or the
median method (Method 3); or any other
method that would be appropriate.
DOE is aware that some clothes
washers provide, in addition to the
normal cycle,18 a setting that provides a
shorter cycle time. While clothes
washers may offer reduced-time cycle
options, such cycles are not
recommended by the manufacturer for
normal, regular, or typical use for
washing up to a full load of normallysoiled cotton clothing (as DOE currently
defines the normal cycle). Such cycles
are not the product’s ‘‘normal cycle’’
and would not be measured as part of
the Appendix J2 test because Appendix
J2 specifies performing testing on the
normal cycle.
DOE presumes that certain
manufacturers are currently
implementing the shortest possible
cycle times that enable a clothes washer
to achieve satisfactory cleaning
performance (and other aspects of
clothes washer performance) while
meeting the applicable energy and water
conservation standards. Based on this
presumption, the current energy
conservation standards may be
precluding manufacturers from bringing
models to the market with substantially
shorter cycle times. DOE’s data suggest
that standard-size residential clothes
washers may not be able to comply with
current energy and water conservation
standards for residential top-loading
clothes washers with cycle times
substantively less than 30 minutes and
front-loading clothes washers with cycle
times substantively less than 45
minutes. To allow manufacturers the
opportunity to innovate and develop
products that would provide consumers
the utility of such shorter cycle times,
DOE proposes in this NOPR to establish
separate product classes for top-loading
standard-size residential clothes
washers with average cycle times less
than 30 minutes and front-loading
standard-size residential clothes
washers with average cycle times less
than 45 minutes.
Issue 3: DOE seeks comment on its
proposal to establish separate product
classes for top-loading standard-size
residential clothes washers with average
18 Section 1.25 of Appendix J2 defines Normal
cycle as the cycle recommended by the
manufacturer (considering manufacturer
instructions, control panel labeling, and other
markings on the clothes washer) for normal, regular,
or typical use for washing up to a full load of
normally-soiled cotton clothing. For machines
where multiple cycle settings are recommended by
the manufacturer for normal, regular, or typical use
for washing up to a full load of normally-soiled
cotton clothing, then the Normal cycle is the cycle
selection that results in the lowest IMEF or MEF
value.
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49305
cycle times less than 30 minutes,
including whether the 30-minute
threshold average cycle time is
appropriate or whether DOE should
consider a different average cycle time
for the final rule.
Issue 4: DOE also seeks comment on
its proposal to establish separate
product classes for front-loading
standard-size residential clothes
washers with average cycle times less
than 45 minutes, including whether the
45-minute threshold average cycle time
is appropriate or whether DOE should
consider a different average cycle time
for the final rule.
DOE is not proposing to establish
cycle-time based product classes for toploading compact and front-loading
compact residential clothes washers
because compact-size units are niche
products that represent less than 4
percent of residential clothes washer
models on the market.19 DOE could
consider, however, whether the 30minute, 45-minute or some other
product class distinction related to cycle
time should also apply the compact
product classes.
Issue 5: DOE seeks comment on
whether the 30-minute product class
distinction should apply to both
standard and compact residential
clothes washers, and whether that
would include both top-loading and
front-loading configurations.
2. Consumer Clothes Dryers
For consumer clothes dryers, DOE’s
data indicate that for both vented
electric standard-size and vented gas
units, the shortest available cycle time
when tested under Appendix D2 is
approximately 30 minutes.
As described, during Appendix D2
testing, consumer clothes dryers
equipped with automatic cycle
termination are operated using
representative cycle settings
(specifically, the ‘‘normal’’ program, or
the cycle recommended by the
manufacturer for drying cotton or linen
clothes; with the maximum drying
temperature and ‘‘normal’’ or ‘‘medium’’
dryness level, if either setting can be
selected independent of the ‘‘normal’’
program) to completion of the cycle,
with the cycle deemed valid if the final
moisture content of the load is no
greater than 2 percent.
19 Based on DOE’s Compliance Certification
Database for residential clothes washers, toploading compact and front-loading compact product
classes combined represent 32 models out of a total
of 816 certified basic models. https://
www.regulations.doe.gov/certification-data/CCMS4-Clothes_Washers.html#q=Product_Group_
s%3A%22Clothes%20Washers%22. Last accessed
January 6, 2020.
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As stated, manufacturers are not
required to use Appendix D2 at this
time to demonstrate compliance with
current energy conservation standards.
However, manufacturers must use
Appendix D2 in order to qualify a
consumer clothes dryer for ENERGY
STAR labeling, and manufacturers must
use a single test procedure (Appendix
D1 or Appendix D2) for all
representations of energy use, including
certification of compliance with
applicable energy conservation
standards. Therefore, all ENERGY
STAR-qualified consumer clothes dryers
are already being tested according to
Appendix D2.
Issue 6: DOE seeks comment on its
use of Appendix D2 to determine the
cycle time of a clothes dryer.
DOE’s data indicate that vented
electric standard-size and vented gas
clothes dryers that comply with the
current energy conservation standards
exhibit cycle times of approximately 30
minutes or longer. Thus, assuming
certain manufacturers are currently
implementing the shortest possible
cycle times that enable a clothes dryer
to achieve satisfactory drying
performance (and other aspects of
clothes dryer performance) while
meeting the applicable energy
conservation standards, the standards
may preclude manufacturers from
offering consumers clothes dryers that
provide the utility of cycle times shorter
than 30 minutes. For these reasons, DOE
proposes in this NOPR to establish
separate product classes for vented
electric standard-size and vented gas
clothes dryers with cycle times less than
30 minutes.
Issue 7: DOE seeks comment on its
proposal to establish separate product
classes for vented electric standard-size
vented gas clothes dryers with cycle
times less than 30 minutes, including
whether the 30-minute threshold cycle
time is appropriate or whether DOE
should consider a different value for the
final rule.
Because compact consumer clothes
dryers and combination washer-dryers
are niche products that represent a
relatively low percentage of models on
the market,20 DOE is not proposing to
20 Based on DOE’s Compliance Certification
Database for consumer clothes dryers, vented
electric compact (120 V or 240 V), ventless electric
compact (240 V), and ventless electric combination
washer-dryer product classes collectively represent
95 models out of a total of 1,086 certified basic
models. https://www.regulations.doe.gov/
certification-data/CCMS-4-Clothes_Dryers_-_
Appendix_D1.html#q=Product_Group_
s%3A%22Clothes%20Dryers%20%20Appendix%20D1%22 (Appendix D1 models)
and https://www.regulations.doe.gov/certificationdata/CCMS-4-Clothes_Dryers_-_Appendix_
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establish short-cycle product classes for
vented electric compact (120 V or 240
V), ventless electric compact (240 V),
and ventless electric combination
washer-dryer products. DOE seeks
comment on whether to establish
separate product classes for ventless or
compact electric units that offer a short
cycle, and if so, an appropriate length
for such a product class.
Issue 8: DOE seeks comment on
whether the 30-minute product class
distinction should apply only to vented
electric standard-size and vented gas
product classes, or whether shorter
cycle times should be considered for all
consumer clothes dryer product classes.
Issue 9: DOE further seeks comment
on appropriate cycle times for any shortcycle vented electric, ventless electric,
and ventless combination washer-dryer
product classes.
D. EPCA’s Anti-Backsliding Provision
In any rulemaking to establish
standards for a separate product class,
DOE must consider EPCA’s general
prohibition against prescribing amended
standards that increases the maximum
allowable energy use, or, in the case of
showerheads, faucets, water closets, or
urinals, water use, or decreases the
minimum required energy efficiency, of
a covered product. (42 U.S.C. 6295(o)(1);
the ‘‘anti-backsliding provision’’) As
explained in the proposed rule that
would grant a petition for rulemaking to
establish a new dishwasher product
class, the anti-backsliding provision
must be read in conjunction with the
product class authority in 42 U.S.C.
6295(q), and does not prohibit the
establishment of product classes as
proposed in this document. (84 FR
33869, 33871–33873; July 16, 2019)
DOE presents the substance of that
explanation in the paragraphs that
follow.
Section 6295(q) directs DOE to specify
‘‘a level of energy use or efficiency
higher or lower than that which applies
(or would apply) for such type or class
. . .’’ if the Secretary determines that
covered products within such group
consume a different type of energy or
have a capacity or other performancerelated feature that justifies ‘‘a higher or
lower standard from that which applies
(or will apply) to other products within
such type (or class).’’ (42 U.S.C. 6295(q))
EPCA explicitly acknowledges,
therefore, that product features may
arise that require designation of a
product class with a standard lower
D2.html#q=Product_Group_
s%3A%22Clothes%20Dryers%20%20Appendix%20D2%22 (Appendix D2 models).
Last accessed January 6, 2020.
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than that applicable to other product
classes for that covered product.
Specifically, by using the present
tense, ‘‘a higher or lower standard than
that which applies,’’ EPCA authorizes
DOE to reduce the stringency of the
standard currently applicable to the
products covered under the newly
established separate product class. The
applicability of this provision to current
standards is further evidenced by the
additional reference to standards that
are not yet applicable (i.e., standards
that ‘‘would apply’’ or ‘‘will apply’’). If
42 U.S.C. 6295(q)(1) were to operate
only in instances in which standards
have not yet been established, there
would be no need to separately indicate
the applicability to future standards.
Nor would there be any purpose to
calling out the potential for higher or
lower standards, because there would
not be any standards against which to
measure that potential. In this manner,
42 U.S.C. 6295(q) authorizes DOE to
reduce the stringency of a currently
applicable standard upon making the
determinations required by 42 U.S.C.
6295(q).
This reading of the statutory text
recognizes that section 6295(q) of EPCA
cannot be read to prohibit DOE from
establishing standards that allow for
technological advances or product
features that could yield significant
consumer benefits while providing
additional functionality (i.e., consumer
utility) to the consumer. DOE relied on
this concept when, in 2011, DOE
established separate energy
conservation standards for ventless
clothes dryers, reasoning that the
‘‘unique utility’’ presented by the ability
to have a clothes dryer in a living area
where vents are impossible to install
(i.e., a high-rise apartment) merited the
establishment of a separate product
class. 76 FR 22454, 22485 (Apr. 21,
2011). Another example of this that DOE
is beginning to explore is network
connectivity of covered products. See
DOE’s Smart Products RFI at 83 FR
46886 (Sept. 18, 2018). Network
connectivity is a technology that has
only recently begun to appear on the
market. Moreover, it clearly has a
desirable consumer utility and is a fastgrowing feature of new models of
covered products. However, network
connectivity comes with attendant
energy use. EPCA’s anti-backsliding
provision cannot be read to prohibit
DOE from establishing standards that
allow for covered products to be
connected to a network simply because
standards for those products were
established prior to the time that
network connectivity was even
contemplated, and thereby eliminating
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the ability to implement this consumerdesired option. Similarly, for residential
clothes washers and consumer clothes
dryers, 42 U.S.C. 6295(q) authorizes
DOE to establish standards for product
features that provide consumer utility,
such as shorter cycle times.
This interpretation is consistent with
DOE’s previous recognition of the
importance of technological advances
that could yield significant consumer
benefits in the form of lower energy
costs while providing the same
functionality to the consumer. 80 FR
13120, 13138 (Mar. 12, 2015); 81 FR
65720, 65752 (Sept. 23, 2016). In the
proposed and supplemental proposed
rule to establish standards for
residential furnaces, DOE stated that
tying the concept of feature to a specific
technology would effectively ‘‘lock-in’’
the currently existing technology as the
ceiling for product efficiency and
eliminate DOE’s ability to address such
technological advances. Id.
Further, EPCA’s anti-backsliding
provision is limited in its applicability
with regard to water use to four
specified products, i.e., showerheads,
faucets, water closets, or urinals. DOE’s
existing energy conservation standards
for residential clothes washers include
both energy and water use components.
As residential clothes washers are not
one of the products listed in the antibacksliding provision with respect to
water use, EPCA does not prohibit DOE
from specifying a maximum amount of
water use for residential clothes washers
that is greater than the existing standard
without regard to whether DOE were to
establish separate product classes for
residential clothes washers as proposed
in this proposed rule.
Finally, DOE recognizes that 42 U.S.C.
6295(o)(4) prohibits DOE from
establishing standards that would result
in the unavailability in any covered
product type (or class) of performance
characteristics (including reliability),
features, sizes, capacities and volumes
that are substantially the same as those
generally available at the time of the
Secretary’s finding. Section 6295(q) of
EPCA authorizes DOE to set standards
that recognize new technologies and
product features, or in this case, features
that are no longer available in the
market. This reading of the statute is
consistent with DOE’s previous
acknowledgment that its determination
of what constitutes a performancerelated feature justifying a different
standard could change depending on
the technology and the consumer utility,
and that as a result, certain products
may disappear from (or reappear in) the
market entirely due to shifting
consumer demand. This reading is also
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consistent with DOE’s statements that
DOE determines this value on a case-bycase basis through its own research as
well as public comments received. (80
FR 13120, 13138, Mar. 12, 2015). In
addition, once DOE makes a
determination that a certain product
attribute is a feature, DOE cannot later
set a standard that would eliminate that
feature.
III. Conclusion
DOE has concluded that it has legal
authority to establish separate shortcycle product classes for residential
clothes washers and consumer clothes
dryers pursuant to 42 U.S.C. 6295(q).
DOE proposes to establish separate
product classes for top-loading
standard-size and front-loading
standard-size residential clothes
washers with cycle times of less than 30
and 45 minutes, respectively, and for
vented electric standard-size and vented
gas clothes dryers with a cycle time of
less than 30 minutes. DOE will consider
test procedures and energy conservation
standards in separate rulemakings,
should such product classes be
established.
DOE also proposes to update the
requirements for the residential clothes
washer and consumer clothes dryer
standards at 10 CFR 430.32(g)(4) and
(h)(3), respectively. The current
requirements for both products include
tables that specify the applicable energy
conservation standards. DOE proposes
to add new paragraphs following each
table showing the current requirements
to specify that top-loading standard-size
and front-loading standard-size
residential clothes washers with an
average cycle time of less than 30 and
45 minutes, respectively, are not
currently subject to energy or water
conservation standards, and that vented
electric standard-size and vented gas
clothes dryers with a cycle time of less
than 30 minutes are not currently
subject to energy conservation
standards.
As noted, DOE seeks comment on
other potential time limits or utilities to
delineate the separate product classes,
as well as whether short-cycle product
classes should be established for other
product classes of residential clothes
washers and consumer clothes dryers.
Should DOE finalize separate product
classes, DOE would then evaluate
energy and water consumption limits to
determine standards for each product
class that provide for the maximum
energy efficiency that is technologically
feasible and economically justified, and
will result in a significant conservation
of energy. (42 U.S.C. 6295(o)(2)(A)) DOE
will provide additional opportunity for
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comment on any proposed energy
conservation standards for short-cycle
residential clothes washers and
consumer clothes dryers.
IV. Request for Comments, Data, and
Information
In this rulemaking, DOE proposes to
establish separate product classes for
top-loading standard-size and frontloading standard-size residential clothes
washers with cycle times of less than 30
and 45 minutes, respectively, and
vented electric standard-size and vented
gas consumer clothes dryers with a
cycle time of less than 30 minutes. To
inform its consideration of the proposal
and any future energy conservation
standards for such residential clothes
washers and consumer clothes dryers,
DOE requests additional data on the
following:
Issue 10: DOE requests data on the
cycle times of cycles with various wash
and rinse temperature selections and
load sizes for residential clothes
washers (both standard size and
compact).
Issue 11: DOE requests data on the
cycle time of consumer clothes dryers
(standard size and compact, vented and
ventless, 120 V and 240 V, and
combination washer-dryer
configurations) currently on the market.
Issue 12: DOE requests comment on
whether any current technologies are
available that could provide a wash
cycle (for residential clothes washers) or
a dry cycle (for consumer clothes
dryers) in less than 30 minutes, and that
would allow the product to comply with
the applicable current energy
conservation standards.
As noted, in addition to the normal
cycle, some clothes washers provide a
cycle that provides a shorter cycle time.
To better understand the extent of the
utility that a short cycle would
potentially provide consumers, DOE
requests comment and data on the
following:
Issue 13: For each current residential
clothes washer product class, DOE seeks
data and information on consumer use
of reduced-time cycles as a percentage
of individual residential clothes washer
use; the cycle time of the reduced-time
cycles selected; and the cycle time of
the ‘‘normal’’ cycle of that clothes
washer.
Issue 14: DOE seeks data and
information on how residential clothes
washers with ‘‘express’’ or ‘‘quick
wash’’ cycles operate and how those
cycles compare to a ‘‘normal cycle’’
with regard to cleaning clothing.
Issue 15: DOE requests information on
the operating demands on consumers
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that may favor shorter cycle times for
both residential clothes washers and
consumer clothes dryers.
In analyzing the feasibility of
potential energy conservation standards,
DOE uses information about existing
and past technology options and
prototype designs to help identify
technologies that manufacturers could
use to meet and/or exceed a given set of
energy conservation standards under
consideration.
Issue 16: DOE seeks information on
technologies currently used or that
could be used to achieve cycles with
reduced time. Specifically, DOE is
interested in information regarding
expected market adoption and any
concerns with incorporating such
technologies into products (e.g., impacts
on consumer utility; potential safety
concerns; manufacturing, production,
implementation issues, etc.).
Issue 17: DOE seeks input on the costs
associated with incorporating particular
technologies and/or design options to
achieve cycles with reduced time.
Issue 18: DOE seeks information on
the range of efficiencies or performance
characteristics associated with each
technology option that could be used to
achieve cycles with reduced time.
Issue 19: DOE requests information on
the investments necessary to
incorporate specific technologies and
design options that could be used to
achieve cycles with reduced time,
including, but not limited to, costs
related to new or modified tooling (if
any), materials, engineering and
development efforts to implement each
design option, and manufacturing or
production impacts.
Issue 20: DOE requests comment on
any impacts to small businesses that
may occur as a result of this proposal.
DOE has identified a variety of issues
on which it seeks input in this
rulemaking to establish separate product
classes and the appropriate energy
conservation standards for such product
classes, should they be established.
Additionally, DOE welcomes comments
on other issues relevant to the conduct
of this rulemaking that may not
specifically be identified in this
document. In particular, DOE notes that
under Executive Order 13771,
‘‘Reducing Regulation and Controlling
Regulatory Costs,’’ Executive Branch
agencies such as DOE are directed to
manage the costs associated with the
imposition of expenditures required to
comply with Federal regulations. See 82
FR 9339 (Feb. 3, 2017). Consistent with
that Executive Order, DOE encourages
the public to provide input on measures
that DOE could take to lower the cost of
its energy conservation standards
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rulemakings, recordkeeping and
reporting requirements, and compliance
and certification requirements
applicable to residential clothes washers
and clothes dryers, while remaining
consistent with the requirements of
EPCA.
V. Submission of Comments
DOE invites all interested parties to
submit in writing by October 13, 2020,
comments and information on matters
addressed in this document and on
other matters relevant to DOE’s
consideration of a separate product
classes for top-loading, standard-size
residential clothes washers with an
average cycle time of less than 30
minutes when conducting the test
procedure at Appendix J2; for frontloading, standard-size residential
clothes washers with an average cycle
time of less than 45 minutes when
conducting the test procedure at
Appendix J2; and vented electric
standard-size clothes dryers and vented
gas clothes dryers with a cycle time of
less than 30 minutes when conducting
the test procedure in Appendix D2. DOE
also seeks comment on potential energy
conservations standards for such classes
of residential clothes washers and
consumer clothes dryers, should they be
established. After the close of the
comment period, DOE will review the
public comments received and begin
collecting data and conducting the
analyses necessary to consider
appropriate energy conservation
standard levels.
Submitting comments via https://
www.regulations.gov. The https://
www.regulations.gov web page will
require you to provide your name and
contact information. Your contact
information will be viewable to DOE
Building Technologies staff only. Your
contact information will not be publicly
viewable except for your first and last
names, organization name (if any), and
submitter representative name (if any).
If your comment is not processed
properly because of technical
difficulties, DOE will use this
information to contact you. If DOE
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, DOE may not be
able to consider your comment.
However, your contact information
will be publicly viewable if you include
it in the comment or in any documents
attached to your comment. Any
information that you do not want to be
publicly viewable should not be
included in your comment, nor in any
document attached to your comment.
Following this instruction, persons
viewing comments will see only first
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and last names, organization names,
correspondence containing comments,
and any documents submitted with the
comments.
Do not submit to https://
www.regulations.gov information for
which disclosure is restricted by statute,
such as trade secrets and commercial or
financial information (hereinafter
referred to as Confidential Business
Information (‘‘CBI’’)). Comments
submitted through https://
www.regulations.gov cannot be claimed
as CBI. Comments received through the
website will waive any CBI claims for
the information submitted. For
information on submitting CBI, see the
Confidential Business Information
section.
DOE processes submissions made
through https://www.regulations.gov
before posting. Normally, comments
will be posted within a few days of
being submitted. However, if large
volumes of comments are being
processed simultaneously, your
comment may not be viewable for up to
several weeks. Please keep the comment
tracking number that https://
www.regulations.gov provides after you
have successfully uploaded your
comment.
Submitting comments via email, hand
delivery/courier, or postal mail.
Comments and documents submitted
via email, hand delivery/courier, or
postal mail also will be posted to https://
www.regulations.gov. If you do not want
your personal contact information to be
publicly viewable, do not include it in
your comment or any accompanying
documents. Instead, provide your
contact information on a cover letter.
Include your first and last names, email
address, telephone number, and
optional mailing address. The cover
letter will not be publicly viewable as
long as it does not include any
comments.
Include contact information each time
you submit comments, data, documents,
and other information to DOE. If you
submit via postal mail or hand delivery/
courier, please provide all items on a
CD, if feasible, in which case it is not
necessary to submit printed copies. No
faxes will be accepted.
Comments, data, and other
information submitted to DOE
electronically should be provided in
PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file
format. Provide documents that are not
secured, written in English and free of
any defects or viruses. Documents
should not contain special characters or
any form of encryption and, if possible,
they should carry the electronic
signature of the author.
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Campaign form letters. Please submit
campaign form letters by the originating
organization in batches of between 50 to
500 form letters per PDF or as one form
letter with a list of supporters’ names
compiled into one or more PDFs. This
reduces comment processing and
posting time.
Confidential Business Information.
According to 10 CFR 1004.11, any
person submitting information that he
or she believes to be confidential and
exempt by law from public disclosure
should submit via email, postal mail, or
hand delivery/courier two well-marked
copies: One copy of the document
marked confidential including all the
information believed to be confidential,
and one copy of the document marked
‘‘non-confidential’’ with the information
believed to be confidential deleted.
Submit these documents via email or on
a CD, if feasible. DOE will make its own
determination about the confidential
status of the information and treat it
according to its determination.
It is DOE’s policy that all comments
may be included in the public docket,
without change and as received,
including any personal information
provided in the comments (except
information deemed to be exempt from
public disclosure).
DOE considers public participation to
be a very important part of the process
for developing test procedures and
energy conservation standards. DOE
actively encourages the participation
and interaction of the public during the
comment period in each stage of this
process. Interactions with and between
members of the public provide a
balanced discussion of the issues and
assist DOE in the process. Anyone who
wishes to be added to the DOE mailing
list to receive future notices and
information about this process should
contact Appliance and Equipment
Standards Program staff at (202) 287–
1445 or via email at
ApplianceStandardsQuestions@
ee.doe.gov.
VI. Procedural Issues and Regulatory
Review
A. Review Under Executive Orders
12866 ‘‘Regulatory Planning and
Review’’
This proposed rule is a ‘‘significant
regulatory action’’ under the criteria set
out in section 3(f) of Executive Order
12866, ‘‘Regulatory Planning and
Review.’’ 58 FR 51735 (October 4, 1993).
Accordingly, this action was subject to
review by the Office of Information and
Regulatory Affairs (‘‘OIRA’’) in the
Office of Management and Budget
(‘‘OMB’’).
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B. Review Under Executive Order 13771
On January 30, 2017, the President
issued Executive Order (‘‘E.O.’’) 13771,
‘‘Reducing Regulation and Controlling
Regulatory Costs.’’ E.O. 13771 stated the
policy of the executive branch is to be
prudent and financially responsible in
the expenditure of funds, from both
public and private sources. E.O. 13771
stated it is essential to manage the costs
associated with the governmental
imposition of private expenditures
required to comply with Federal
regulations.
DOE has determined that this
proposed rule is a deregulatory action.
This proposed rule, if adopted, would
establish separate product classes for
short-cycle residential clothes washers
and consumer clothes dryers.
Manufacturers could design and
manufacture new products in this
product class to meet consumer
demand. DOE also seeks data to assist
its determination of the appropriate
standard levels for such product classes
in subsequent rulemakings.
C. Review Under the Regulatory
Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) requires preparation
of an initial regulatory flexibility
analysis (‘‘IRFA’’) for any rule that by
law must be proposed for public
comment, unless the agency certifies
that the rule, if promulgated, will not
have a significant economic impact on
a substantial number of small entities.
As required by Executive Order 13272,
‘‘Proper Consideration of Small Entities
in Agency Rulemaking,’’ 67 FR 53461
(Aug. 16, 2002), DOE published
procedures and policies on February 19,
2003, to ensure that the potential
impacts of its rules on small entities are
properly considered during the
rulemaking process. 68 FR 7990. DOE
has made these procedures and policies
available on the Office of the General
Counsel’s website (https://energy.gov/gc/
office-general-counsel).
DOE reviewed this proposed rule
under the provisions of the Regulatory
Flexibility Act and the procedures and
policies published on February 19,
2003. DOE has tentatively concluded
that this proposed rule will not have a
significant impact on a substantial
number of small entities. The factual
basis for this determination is as
follows:
The Small Business Administration
(‘‘SBA’’) considers a business entity to
be a small business, if, together with its
affiliates, it employs less than a
threshold number of workers or earns
less than the average annual receipts
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specified in 13 CFR part 121. The
threshold values set forth in these
regulations use size standards and codes
established by the North American
Industry Classification System
(‘‘NAICS’’) that are available at: https://
www.sba.gov/document/supporttablesize-standards. The threshold
number for NAICS classification code
335220, major household appliance
manufacturing, which includes clothes
dryer and clothes washer
manufacturers, is 1,500 employees.
Manufacturers must certify compliance
of their products to DOE prior to
distributing them in commerce. Because
no small manufacturers have certified to
DOE in 2019 or 2020, DOE does not
believe that there are any small
manufacturers of these products. In
addition, this rulemaking proposes to
establish product classes for residential
clothes washers and consumer clothes
dryers with cycle times less than 30
minutes. Appropriate standard levels
would be established in subsequent
rulemakings. As a result, DOE certifies
that the proposed rule would not have
a significant impact on a substantial
number of small entities. DOE will
transmit the certification and supporting
statement of factual basis to the Chief
Counsel for Advocacy of the Small
Business Administration for review
under 5 U.S.C. 605(b).
D. Review Under the Paperwork
Reduction Act
This rulemaking, which proposes to
establish product classes for residential
clothes washers and consumer clothes
dryers with cycle times less than 30
minutes, but does not establish
standards or new testing requirements
that would be required for testing such
products, imposes no new information
or record keeping requirements.
Accordingly, Office of Management and
Budget clearance is not required under
the Paperwork Reduction Act. (44
U.S.C. 3501 et seq.)
Manufacturers of covered products
generally must certify to DOE that their
products comply with any applicable
energy conservation standards. To
certify compliance, manufacturers must
first obtain test data for their products
according to the DOE test procedures,
including any amendments adopted for
those test procedures. DOE has
established regulations for the
certification and recordkeeping
requirements for all covered consumer
products and commercial equipment,
including residential clothes washers
and consumer clothes dryers. (See
generally 10 CFR part 429). The
collection-of-information requirement
for the certification and recordkeeping
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is subject to review and approval by
OMB under the Paperwork Reduction
Act (‘‘PRA’’). This requirement has been
approved by OMB under OMB control
number 1910–1400. Public reporting
burden for the certification is estimated
to average 35 hours per response,
including the time for reviewing
instructions, searching existing data
sources, gathering and maintaining the
data needed, and completing and
reviewing the collection of information.
Notwithstanding any other provision
of the law, no person is required to
respond to, nor shall any person be
subject to a penalty for failure to comply
with, a collection of information subject
to the requirements of the PRA, unless
that collection of information displays a
currently valid OMB Control Number.
E. Review Under the National
Environmental Policy Act of 1969
In this proposed rule, DOE proposes
to establish product classes for
residential clothes washers and
consumer clothes dryers with cycle
times less than 30 minutes. DOE has
determined that this rule falls into a
class of actions that are categorically
excluded from review under the
National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) and DOE’s
implementing regulations at 10 CFR part
1021. Specifically, this proposed rule
would only establish new product
classes for residential clothes washers
and consumer clothes dryers and,
therefore, would not result in any
environmental impacts. Thus, this
rulemaking is covered by Categorical
Exclusion A5 under 10 CFR part 1021,
subpart D, which applies to any
rulemaking that interprets or amends an
existing rule without changing the
environmental effect of that rule.
Accordingly, neither an environmental
assessment nor an environmental
impact statement is required.
F. Review Under Executive Order 13132
Executive Order 13132, ‘‘Federalism,’’
64 FR 43255 (Aug. 10, 1999), imposes
certain requirements on Federal
agencies formulating and implementing
policies or regulations that preempt
State law or that have federalism
implications. The Executive Order
requires agencies to examine the
constitutional and statutory authority
supporting any action that would limit
the policymaking discretion of the
States and to carefully assess the
necessity for such actions. The
Executive Order also requires agencies
to have an accountable process to
ensure meaningful and timely input by
State and local officials in the
development of regulatory policies that
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have federalism implications. On March
14, 2000, DOE published a statement of
policy describing the intergovernmental
consultation process it will follow in the
development of such regulations. 65 FR
13735. EPCA governs and prescribes
Federal preemption of State regulations
as to energy conservation for the
products that are the subject of this
proposed rule. States can petition DOE
for exemption from such preemption to
the extent, and based on criteria, set
forth in EPCA. (42 U.S.C. 6297) No
further action is required by Executive
Order 13132.
G. Review Under Executive Order 12988
With respect to the review of existing
regulations and the promulgation of
new regulations, section 3(a) of
Executive Order 12988, ‘‘Civil Justice
Reform,’’ imposes on Federal agencies
the general duty to adhere to the
following requirements: (1) Eliminate
drafting errors and ambiguity, (2) write
regulations to minimize litigation, and
(3) provide a clear legal standard for
affected conduct rather than a general
standard and promote simplification
and burden reduction. 61 FR 4729 (Feb.
7, 1996). Section 3(b) of Executive Order
12988 specifically requires that
Executive agencies make every
reasonable effort to ensure that the
regulation: (1) Clearly specifies the
preemptive effect, if any, (2) clearly
specifies any effect on existing Federal
law or regulation, (3) provides a clear
legal standard for affected conduct
while promoting simplification and
burden reduction, (4) specifies the
retroactive effect, if any, (5) adequately
defines key terms, and (6) addresses
other important issues affecting clarity
and general draftsmanship under any
guidelines issued by the Attorney
General. Section 3(c) of Executive Order
12988 requires Executive agencies to
review regulations in light of applicable
standards in section 3(a) and section
3(b) to determine whether they are met
or it is unreasonable to meet one or
more of them. DOE has completed the
required review and determined that, to
the extent permitted by law, this
proposed rule meets the relevant
standards of Executive Order 12988.
H. Review Under the Unfunded
Mandates Reform Act of 1995
Title II of the Unfunded Mandates
Reform Act of 1995 (‘‘UMRA’’) requires
each Federal agency to assess the effects
of Federal regulatory actions on State,
local, and Tribal governments and the
private sector. Public Law 104–4, sec.
201 (codified at 2 U.S.C. 1531). For a
proposed regulatory action likely to
result in a rule that may cause the
PO 00000
Frm 00030
Fmt 4702
Sfmt 4702
expenditure by State, local, and Tribal
governments, in the aggregate, or by the
private sector of $100 million or more
in any one year (adjusted annually for
inflation), section 202 of UMRA requires
a Federal agency to publish a written
statement that estimates the resulting
costs, benefits, and other effects on the
national economy. (2 U.S.C. 1532(a), (b))
The UMRA also requires a Federal
agency to develop an effective process
to permit timely input by elected
officers of State, local, and Tribal
governments on a proposed ‘‘significant
intergovernmental mandate,’’ and
requires an agency plan for giving notice
and opportunity for timely input to
potentially affected small governments
before establishing any requirements
that might significantly or uniquely
affect them. On March 18, 1997, DOE
published a statement of policy on its
process for intergovernmental
consultation under UMRA (62 FR
12820) (also available at https://
www.gc.doe.gov). This proposed rule
contains neither an intergovernmental
mandate nor a mandate that may result
in the expenditure of $100 million or
more in any year, so these requirements
under the Unfunded Mandates Reform
Act do not apply.
I. Review Under the Treasury and
General Government Appropriations
Act, 1999
Section 654 of the Treasury and
General Government Appropriations
Act, 1999 (Pub. L. 105–277) requires
Federal agencies to issue a Family
Policymaking Assessment for any rule
that may affect family well-being. This
proposed rule would not have any
impact on the autonomy or integrity of
the family as an institution.
Accordingly, DOE has concluded that it
is not necessary to prepare a Family
Policymaking Assessment.
J. Review Under Executive Order 12630
The Department has determined,
under Executive Order 12630,
‘‘Governmental Actions and Interference
with Constitutionally Protected Property
Rights,’’ 53 FR 8859 (March 15, 1988),
that this proposed rule would not result
in any takings that might require
compensation under the Fifth
Amendment to the U.S. Constitution.
K. Review Under the Treasury and
General Government Appropriations
Act, 2001
Section 515 of the Treasury and
General Government Appropriations
Act, 2001 (44 U.S.C. 3516, note)
provides for Federal agencies to review
most disseminations of information to
the public under information quality
E:\FR\FM\13AUP1.SGM
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Federal Register / Vol. 85, No. 157 / Thursday, August 13, 2020 / Proposed Rules
guidelines established by each agency
pursuant to general guidelines issued by
OMB. OMB’s guidelines were published
at 67 FR 8452 (Feb. 22, 2002), and
DOE’s guidelines were published at 67
FR 62446 (Oct. 7, 2002). DOE has
reviewed this proposed rule under the
OMB and DOE guidelines and has
concluded that it is consistent with
applicable policies in those guidelines.
establish product classes for residential
clothes washers and consumer clothes
dryers with cycle times less than 30
minutes, would not have a significant
adverse effect on the supply,
distribution, or use of energy and,
therefore, is not a significant energy
action. Accordingly, DOE has not
prepared a Statement of Energy Effects
on this proposed rule.
L. Review Under Executive Order 13211
VII. Approval of the Office of the
Secretary
The Secretary of Energy has approved
publication of this notice of proposed
rulemaking.
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use,’’ 66 FR 28355 (May
22, 2001), requires Federal agencies to
prepare and submit to OIRA at OMB, a
Statement of Energy Effects for any
proposed significant energy action. A
‘‘significant energy action’’ is defined as
any action by an agency that
promulgates or is expected to lead to
promulgation of a final rule, and that (1)
is a significant regulatory action under
Executive Order 12866, or any successor
order; and (2) is likely to have a
significant adverse effect on the supply,
distribution, or use of energy, or (3) is
designated by the Administrator of
OIRA as a significant energy action. For
any proposed significant energy action,
the agency must give a detailed
statement of any adverse effects on
energy supply, distribution, or use
should the proposal be implemented,
and of reasonable alternatives to the
action and their expected benefits for
energy supply, distribution, and use.
This proposed rule, which would
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.
document in electronic format for
publication, as an official document of
the Department of Energy. This
administrative process in no way alters
the legal effect of this document upon
publication in the Federal Register.
Signed in Washington, DC, on July 16,
2020.
Treena V. Garrett,
Federal Register Liaison Officer, U.S.
Department of Energy.
For the reasons set forth in the
preamble, DOE proposes to amend part
430 of chapter II, subchapter D, of title
10 of the Code of Federal Regulations,
as set forth below:
PART 430—ENERGY CONSERVATION
PROGRAM FOR CONSUMER
PRODUCTS
1. The authority citation for part 430
continues to read as follows:
■
Signing Authority
This document of the Department of
Energy was signed on July 16, 2020, by
Daniel R. Simmons, Assistant Secretary
for Energy Efficiency, Energy Efficiency
and Renewable Energy, pursuant to
delegated authority from the Secretary
of Energy. That document with the
original signature and date is
maintained by DOE. For administrative
purposes only, and in compliance with
requirements of the Office of the Federal
Register, the undersigned DOE Federal
Register Liaison Officer has been
authorized to sign and submit the
Authority: 42 U.S.C. 6291–6309; 28 U.S.C.
2461 note.
2. Section 430.32 is amended by
revising paragraphs (g)(4) and (h)(3) to
read as follows:
■
§ 430.32 Energy and water conservation
standards and their compliance dates.
*
*
*
*
*
(g) * * *
(4)(i) Except as provided in paragraph
(g)(4)(ii) of this section, clothes washers
manufactured on or after January 1,
2018, shall have an Integrated Modified
Energy Factor no less than, and an
Integrated Water Factor no greater than:
Integrated
modified
energy factor
(cu.ft./kWh/
cycle)
Product class
i. Top-loading, Compact (less than 1.6 ft3 capacity) ..............................................................................................
ii. Top-loading, Standard (1.6 ft3 or greater capacity) ............................................................................................
iii. Front-loading, Compact (less than 1.6 ft3 capacity) ...........................................................................................
iv. Front-loading, Standard (1.6 ft3 or greater capacity) .........................................................................................
(ii) Top-loading, standard clothes
washers with an average cycle time of
less than 30 minutes and front-loading,
standard clothes washers with an
average cycle time of less than 45
minutes are not currently subject to
energy or water conservation standards.
(h) * * *
(3)(i) Except as provided in paragraph
(h)(3)(ii) of this section, clothes dryers
manufactured on or after January 1,
2015, shall have a combined energy
factor no less than:
VerDate Sep<11>2014
16:27 Aug 12, 2020
Jkt 250001
Combined
energy factor
(lbs/kWh)
Product class
i. Vented Electric, Standard
(4.4 ft3 or greater capacity) .....................................
ii. Vented Electric, Compact
(120V) (less than 4.4 ft3
capacity) ............................
iii. Vented Electric, Compact
(240V) (less than 4.4 ft3
capacity) ............................
iv. Vented Gas ......................
v. Ventless Electric, Compact
(240V) (less than 4.4 ft3
capacity) ............................
PO 00000
Frm 00031
Fmt 4702
Sfmt 4702
49311
1.15
1.57
1.13
1.84
Product class
vi. Ventless Electric, Combination Washer-Dryer ......
Integrated
water
factor
(gal/cycle/
cu.ft.)
12.0
6.5
8.3
4.7
Combined
energy factor
(lbs/kWh)
2.08
3.73
(ii) Vented, electric standard clothes
dryers
and vented gas clothes dryers
3.61
with a cycle time of less than 30
minutes, when tested according to
3.27 appendix D2 in subpart B of this part,
3.30
2.55
E:\FR\FM\13AUP1.SGM
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49312
Federal Register / Vol. 85, No. 157 / Thursday, August 13, 2020 / Proposed Rules
FEDERAL HOUSING FINANCE
AGENCY
Alfred M. Pollard, General Counsel,
Attention: Comments/RIN 2590–AB04,
Federal Housing Finance Agency,
Eighth Floor, 400 Seventh Street SW,
Washington, DC 20219. Please note that
all mail sent to FHFA via U.S. Mail is
routed through a national irradiation
facility, a process that may delay
delivery by approximately two weeks.
12 CFR Part 1282
FOR FURTHER INFORMATION CONTACT:
are not currently subject to energy
conservation standards.
*
*
*
*
*
[FR Doc. 2020–15750 Filed 8–12–20; 8:45 am]
BILLING CODE 6450–01–P
RIN 2590–AB04
2021 Enterprise Housing Goals
Federal Housing Finance
Agency.
ACTION: Proposed rule.
AGENCY:
The Federal Housing Finance
Agency (FHFA) is proposing a rule and
seeking comments on proposed
benchmark levels for the 2021 housing
goals for Fannie Mae and Freddie Mac
(the Enterprises). The housing goals
apply to mortgages purchased by the
Enterprises and include separate
categories for single-family and
multifamily housing that is affordable to
low-income and very low-income
families, among other categories. This
proposed rule would establish
benchmark levels for each of the
housing goals for 2021.
DATES: Comments must be received on
or before October 13, 2020.
ADDRESSES: You may submit your
comments on the proposed rule,
identified by regulatory information
number (RIN) 2590–AB04, by any one of
the following methods:
• Agency Website: https://
www.fhfa.gov/open-for-comment-orinput.
• Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments. If
you submit your comment to the
Federal eRulemaking Portal, please also
send it by email to FHFA at
RegComments@fhfa.gov to ensure
timely receipt by FHFA. Include the
following information in the subject line
of your submission: Comments/RIN
2590–AB04.
• Hand Delivered/Courier: The hand
delivery address is: Alfred M. Pollard,
General Counsel, Attention: Comments/
RIN 2590–AB04, Federal Housing
Finance Agency, Eighth Floor, 400
Seventh Street SW, Washington, DC
20219. Deliver the package at the
Seventh Street entrance Guard Desk,
First Floor, on business days between 9
a.m. and 5 p.m.
• U.S. Mail, United Parcel Service,
Federal Express, or Other Mail Service:
The mailing address for comments is:
SUMMARY:
VerDate Sep<11>2014
16:27 Aug 12, 2020
Jkt 250001
Ted
Wartell, Associate Director, Housing &
Community Investment, Division of
Housing Mission and Goals, at (202)
649–3157, Ted.Wartell@fhfa.gov;
Padmasini Raman at (202) 649–3633,
Padmasini.Raman@fhfa.gov; or Kevin
Sheehan, Associate General Counsel,
Office of General Counsel, (202) 649–
3086, Kevin.Sheehan@fhfa.gov. These
are not toll-free numbers. The mailing
address is: Federal Housing Finance
Agency, 400 Seventh Street SW,
Washington, DC 20219. The telephone
number for the Telecommunications
Device for the Deaf is (800) 877–8339.
SUPPLEMENTARY INFORMATION:
I. Comments
FHFA invites comments on all aspects
of the proposed rule and will take all
comments into consideration before
issuing a final rule. Copies of all
comments on the proposed rule will be
posted without change, including any
personal information you provide such
as your name, address, email address,
and telephone number, on the FHFA
website at https://www.fhfa.gov. In
addition, copies of all comments
received will be available for
examination by the public through the
electronic rulemaking docket for this
proposed rule also located on the FHFA
website.
II. Background
Uncertainty over public health and
the economic impacts of the COVID–19
pandemic has caused significant
disruption in both the single-family and
multifamily housing markets since
March. For reasons explained in more
detail later in the proposed rule, due to
the unexpectedly severe nature of the
COVID–19 pandemic and associated
economic uncertainty, FHFA is
proposing benchmark levels for the
single-family and multifamily goals for
calendar year 2021 only. The proposed
benchmark levels are set forth below
and would be the same as those for
2018–2020. FHFA will subsequently
conduct a new round of notice and
comment rulemaking to establish
benchmark levels for 2022 and beyond.
PO 00000
Frm 00032
Fmt 4702
Sfmt 4702
A. Statutory and Regulatory Background
for the Existing Housing Goals
The Federal Housing Enterprises
Financial Safety and Soundness Act of
1992 (Safety and Soundness Act)
requires FHFA to establish several
annual housing goals for both singlefamily and multifamily mortgages
purchased by Fannie Mae and Freddie
Mac.1 The annual housing goals are one
measure of the extent to which the
Enterprises are meeting their public
purposes, which include ‘‘an affirmative
obligation to facilitate the financing of
affordable housing for low- and
moderate-income families in a manner
consistent with their overall public
purposes, while maintaining a strong
financial condition and a reasonable
economic return.’’ 2
FHFA has established annual housing
goals for Enterprise purchases of singlefamily and multifamily goals consistent
with the requirements of the Safety and
Soundness Act. The structure of the
housing goals and the rules for
determining how mortgage purchases
are counted or not counted are defined
in the housing goals regulation.3 The
most recent rule established benchmark
levels for the housing goals for 2018–
2020.4 This proposed rule would
establish benchmark levels for 2021, but
it would not make any other changes to
the housing goals regulation.
Single-family goals. The single-family
goals defined under the Safety and
Soundness Act include separate
categories for home purchase mortgages
for low-income families, very lowincome families, and families that reside
in low-income areas.5 FHFA has also
established a subgoal within the lowincome areas goal that is limited to
families in low-income census tracts
and moderate-income families in
minority census tracts. Performance on
the single-family home purchase goals is
measured as the percentage of the total
home purchase mortgages purchased by
an Enterprise each year that qualify for
each goal or subgoal. There is also a
separate goal for refinancing mortgages
for low-income families, and
1 See
12 U.S.C. 4561(a).
12 U.S.C. 4501(7).
3 See 12 CFR part 1282.
4 See 83 FR 5878 (Feb. 12, 2018).
5 The low-income areas housing goal includes (1)
families in ‘‘low-income census tracts,’’ defined as
census tracts with median income less than or equal
to 80 percent of AMI; (2) families with incomes less
than or equal to area median income who reside in
minority census tracts (defined as census tracts
with a minority population of at least 30 percent
and a tract median income of less than 100 percent
of AMI); and (3) families with incomes less than or
equal to 100 percent of area median income who
reside in designated disaster areas.
2 See
E:\FR\FM\13AUP1.SGM
13AUP1
]]>Agencies
[Federal Register Volume 85, Number 157 (Thursday, August 13, 2020)]
[Proposed Rules]
[Pages 49297-49312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15750]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
10 CFR Part 430
[EERE-2020-BT-STD-0001]
RIN 1904-AE86
Energy Conservation Program: Energy Conservation Standards for
Clothes Washers and Clothes Dryers
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Energy Policy and Conservation Act, as amended (``EPCA''),
prescribes energy conservation standards for various consumer products
and certain commercial and industrial equipment, including residential
clothes washers and consumer clothes dryers. In this notice of proposed
rulemaking (``NOPR''), the Department of Energy (DOE) proposes to
establish separate product classes for top-loading residential clothes
washers and consumer clothes dryers that offer cycle times for a normal
cycle of less than 30 minutes, and for front-loading residential
clothes washers that offer cycle times for a normal cycle of less than
45 minutes. DOE would consider appropriate energy and water efficiency
standards for such product classes, if adopted, in separate
rulemakings.
DATES: Written comments, data, and information regarding this NOPR will
be accepted on or before September 14, 2020.
ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at https://www.regulations.gov. Follow
the instructions for submitting comments. Alternatively, interested
persons may submit comments, identified by docket number EERE-2020-BT-
STD-0001, by any of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov. Follow
the instructions for submitting comments.
(2) Email: [email protected]. Include the
docket number EERE-2017-BT-STD-0001 in the subject line of the message.
(3) Postal Mail: Appliance and Equipment Standards Program, U.S.
Department of Energy, Building Technologies Office, Mailstop EE-5B,
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone:
(202) 287-1445. If possible, please submit all items on a compact disc
(``CD''), in which case it is not necessary to include printed copies.
(4) Hand Delivery/Courier: Appliance and Equipment Standards
Program, U.S. Department of Energy, Building Technologies Office, 950
L'Enfant Plaza SW, 6th Floor, Washington, DC 20024. Telephone: (202)
287-1445. If possible, please submit all items on a CD, in which case
it is not necessary to include printed copies.
No telefacsimilies (``faxes'') will be accepted. For detailed
instructions on submitting comments and additional information on the
rulemaking process, see section V of this document.
Docket: The docket for this activity, which includes Federal
Register notices, comments, and other supporting documents/materials,
is available for review at https://www.regulations.gov. All documents in
the docket are listed in the https://www.regulations.gov index. However,
not all documents listed in the index may be publicly available, such
as information that is exempt from public disclosure.
The docket web page can be found at https://www.regulations.gov/#!docketDetail;D=EERE-2020-BT-STD-0001. The docket web page contains
instructions on how to access all documents, including public comments,
in the docket. See section V for information on how to submit comments
through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Mr. Bryan Berringer, U.S. Department
of Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies Office, EE-5B, 1000 Independence Avenue SW, Washington, DC
20585-0121. Email: [email protected].
Ms. Jennifer Tiedeman, U.S. Department of Energy, Office of the
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC
20585-0121. Telephone: (202) 287-6111. Email:
[email protected].
For further information on how to submit a comment, review other
public comments and the docket, or participate in the public meeting,
contact the Appliance and Equipment Standards Program staff at (202)
287-1445 or by email: [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
A. Consumer (Residential) Clothes Washers and Clothes Dryers
B. Cycle Time Considerations for Appliance Standards
II. General Discussion
A. Legal Authority
B. Cycle Time Data
1. Residential Clothes Washers
2. Consumer Clothes Dryers
C. Separate Short-Cycle Product Classes
1. Residential Clothes Washers
2. Consumer Clothes Dryers
D. EPCA's Anti-Backsliding Provision
III. Conclusion
IV. Request for Comments, Data, and Information
V. Submission of Comments
VI. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866 ``Regulatory Planning and
Review''
B. Review Under Executive Orders 13771 and 13777
C. Review Under the Regulatory Flexibility Act
D. Review Under the Paperwork Reduction Act
E. Review Under the National Environmental Policy Act of 1969
F. Review Under Executive Order 13132
G. Review Under Executive Order 12988
H. Review Under the Unfunded Mandates Reform Act of 1995
I. Review Under the Treasury and General Government
Appropriations Act, 1999
[[Page 49298]]
J. Review Under Executive Order 12630
K. Review Under the Treasury and General Government
Appropriations Act, 2001
L. Review Under Executive Order 13211
VII. Approval of the Office of the Secretary
I. Background
A. Consumer (Residential) Clothes Washers and Clothes Dryers
The Energy Policy and Conservation Act, as amended (``EPCA''),\1\
authorizes DOE to regulate the energy efficiency of a number of
consumer products and certain industrial equipment. (42 U.S.C. 6291-
6317) Title III, Part B of EPCA established the Energy Conservation
Program for Consumer Products Other Than Automobiles. These products
include consumer (residential) clothes washers and clothes dryers, the
subject of this document. (42 U.S.C. 6292(a)(7) and (8)) EPCA
prescribed energy conservation standards for these products, and
directed DOE to conduct a series of rulemakings to determine whether to
amend these standards. (42 U.S.C. 6295(g)(2), (3), and (4)(A) and (B))
---------------------------------------------------------------------------
\1\ All references to EPCA in this document refer to the statute
in its current form, as amended through America's Water
Infrastructure Act of 2018, Public Law 115-270 (Oct. 23, 2018).
---------------------------------------------------------------------------
DOE completed the additional rulemakings for residential clothes
washers with the publication of a direct final rule on May 31, 2012
(``May 2012 final rule''). 77 FR 32308. DOE completed the additional
rulemakings for consumer clothes dryers by publishing a direct final
rule on April 21, 2011, which amended the energy conservation standards
for consumer clothes dryers. 76 FR 22454; 76 FR 52852 (Aug. 24, 2011).
EPCA directs that when prescribing an energy conservation standard
for a type (or class) of a covered product, DOE must specify--
[A] Level of energy use or efficiency higher or lower than that
which applies (or would apply) for such type (or class) for any group
of covered products which have the same function or intended use, if
DOE determines that covered products within such a group--
(A) Consume a different kind of energy from that consumed by other
covered products within such type (or class); or
(B) Have a capacity or other such performance-related feature which
other products within such type (or class) do not have and such feature
justifies a higher or lower standard from that which applies (or will
apply) to other products within such type.
In making a determination concerning whether a performance-related
feature justifies the establishment of a higher or lower standard, DOE
must consider such factors as the utility to the consumer of such a
feature, and such other factors as DOE deems appropriate. (42 U.S.C.
6295(q)(1))
The current energy conservation standards establish four product
classes for residential clothes washers by distinguishing between
products on the basis of both clothing container capacity and axis of
loading. 10 CFR 430.32(g)(4). A standard clothes washer has a clothing
container capacity greater than or equal to 1.6 cubic feet (ft\3\),
while a compact clothes washer has a clothing container capacity less
than 1.6 ft\3\. Axis of loading is differentiated by top-loading or
front-loading. Id.
For consumer clothes dryers, the current energy conservation
standards define six product classes, differentiated by the following
characteristics: fuel source (electric or gas), venting configuration
(vented or ventless), drum capacity (standard (greater than or equal to
4.4 ft\3\) or compact (less than 4.4 ft\3\)), integration with a
clothes washer (combination washer-dryer), and for electric compact
clothes dryers, voltage (120 V or 240 V). 10 CFR 430.32(h)(3).
B. Cycle Time Considerations for Appliance Standards
On March 21, 2018, the Competitive Enterprise Institute (``CEI'')
petitioned DOE to initiate a rulemaking to define a new product class
under 42 U.S.C. 6295(q) for residential dishwashers.\2\ The new product
class would cover dishwashers with a cycle time for a normal cycle of
less than one hour from washing through drying. CEI stated that
dishwasher cycle times have become dramatically longer under existing
DOE energy conservation standards, and that consumer satisfaction/
utility has dropped as a result of these longer cycle times. CEI also
provided data regarding the increase in dishwasher cycle time,
including data that correlated increased cycle time with DOE's adoption
of amended efficiency standards for dishwashers.
---------------------------------------------------------------------------
\2\ The petition for rulemaking, attachments, and data submitted
by CEI are available in docket number EERE-2018-BT-STD-0005 at
https://www.regulations.gov.
---------------------------------------------------------------------------
Based upon its evaluation of the CEI petition and consideration of
the public comments received in response to the notice of petition
published in the Federal Register on April 24, 2018 (83 FR 17768), DOE
granted the petition for rulemaking and proposed a dishwasher product
class with a cycle time for the normal cycle of less than one hour. 84
FR 33869 (July 16, 2019). In that proposed rule DOE reiterated its
prior conclusion with respect to commercial clothes washers that ``the
longer average cycle time of front-loading machines warrants
consideration of separate [product] classes.'' 79 FR 74492, 74498
(Sept. 15, 2014). Further, DOE stated its position that, similar to
commercial clothes washers, cycle time for dishwashers is a
performance-related feature for purposes of 6295(q) that justifies a
higher or lower standard than that applicable to other dishwasher
product classes.
Consumer use of residential clothes washers and consumer clothes
dryers is similar to that of residential dishwashers (i.e., the
products provide consumer utility over discrete cycles with programmed
cycle times, and consumers run these cycles multiple times per week on
average). In Section II of this NOPR, DOE presents cycle time data that
DOE has gathered in support of its proposal to establish separate
product classes for residential clothes washers and consumer clothes
dryers to preserve a performance-related feature of both residential
clothes washers and consumer clothes dryers (i.e., the consumer utility
of a short cycle time).
II. General Discussion
A. Legal Authority
Consistent with the analysis presented in the proposed rulemaking
to establish a new dishwasher product class (84 FR 33869, 33871-33873;
July 16, 2019), DOE has concluded it has legal authority pursuant to 42
U.S.C. 6295(q) to establish separate product classes for residential
clothes washers and consumer clothes dryers.
As explained in the dishwasher NOPR, DOE has taken the view in
numerous prior rulemakings (cited and discussed in this paragraph and
the next few paragraphs) that consumer utility is an aspect of the
product that is accessible to the layperson and based on user
operation, rather than performing a theoretical function. This
interpretation has been implemented in DOE's previous determinations of
utility through the value the particular feature brings to the
consumer, rather than through analyzing more complicated design
features or costs that anyone, including the consumer, manufacturer,
installer, or utility companies may bear. DOE has determined that this
approach is consistent with EPCA's requirement for a separate and
extensive analysis of economic justification for the adoption of any
new or amended energy conservation standard. See, e.g., discussion in
DOE's proposed rule and
[[Page 49299]]
supplemental proposed rule to establish amended energy conservation
standards for furnaces at 80 FR 13120, 13137 (Mar. 12, 2015); 81 FR
65720, 65752-65755 (Sept. 23, 2016). Under this approach, DOE
determined that the window in an oven door was a ``feature'' justifying
a different standard.\3\ Similarly, DOE also determined that consumers
may value other features such as the ability to self-clean,\4\ size,\5\
and configuration.\6\ In contrast, DOE determined that water heaters
using electric resistance technology did not merit a product class
separate from water heaters using heat pump technology.\7\ In both
heat-pump and electric storage water heaters, the same utility to the
consumer (i.e., hot water) was provided by units using different
technology.
---------------------------------------------------------------------------
\3\ 63 FR 48038, 48041 (Sept. 8, 1998).
\4\ 73 FR 62034, 62048 (Oct. 17, 2008) (separating standard and
self-cleaning ovens into different product classes).
\5\ 77 FR 32037, 32319 (May 31, 2012) (creating a separate
product class for compact front-loading residential clothes
washers).
\6\ 75 FR 59469 (Sept. 27, 2010) (creating a separate product
class for refrigerators with bottom-mounted freezers).
\7\ 74 FR 65852, 65871 (Dec. 11, 2009).
---------------------------------------------------------------------------
In a rulemaking to amend standards applicable to commercial clothes
washers, DOE determined that the ``axis of loading'' constituted a
feature that justified separate product classes for top-loading and
front-loading clothes washers. DOE also determined that ``the longer
average cycle time of front-loading machines warrants consideration of
separate [product] classes.'' See final rule to amend standards at 79
FR 74492, 74498 (Sept. 15, 2014). DOE stated that a split in preference
between top-loaders and front-loaders would not indicate consumer
indifference to the axis of loading, but rather that a certain
percentage of the market expresses a preference for (i.e., derives
utility from) the top-loading configuration. DOE further noted that
separation of clothes washer product classes by location of access is
similar in nature to the product classes for residential refrigerator-
freezers, which include separate product classes based on the access of
location of the freezer compartment (e.g., top-mounted, side-mounted,
and bottom-mounted). The location of the freezer compartment on these
products provides no additional performance-related utility other than
consumer preference. In other words, the location of access itself
provides distinct consumer utility. Id. at 79 FR 74499. DOE also
reasoned that top-loading residential clothes washers are available
with the same efficiency levels, control panel features, and price
points as front-loading residential clothes washers, and that given
these equivalencies, purchase of top-loaders indicates a preference
among certain consumers for the top-loading configuration, i.e., the
top-loading configuration provides utility to those customers
preferring one configuration over another, with all other product
attributes being equal. Id.
DOE acknowledged that its determination of what constitutes a
performance-related feature justifying a different standard could
change depending on the technology and the consumer, and that as a
result, certain products may entirely disappear from the market due to
shifting consumer demand. DOE determines such value on a case-by-case
basis through its own research as well as public comments received, the
same approach that DOE employs in all other parts of its energy
conservation standards rulemaking. See proposed rule to amend standards
for residential furnaces at 80 FR 13120, 13138 (Mar. 12, 2015).
DOE applied this same approach to cycle time for dishwashers in the
product class NOPR. 84 FR 33869, 33872 (July 16, 2019). Consumer use of
residential clothes washers and consumer clothes dryers is similar to
that of residential dishwashers, in that the products provide consumer
utility over discrete cycles with programmed cycle times, and consumers
run these cycles multiple times per week on average. As such, the
impact of cycle time on consumer utility identified by CEI in its
petition regarding dishwashers is also relevant to residential clothes
washers and consumer clothes dryers. More importantly, DOE previously
determined in the context of residential clothes washers that cycle
time warrants consideration of separate classes. See final standards
rule at 77 FR 32308, 32319 (May 31, 2012).
DOE understands that a consumer's perception of the utility
provided by a clothes washer encompasses multiple aspects of
performance such as: stain removal (i.e., ``cleaning performance''),
solid particle removal, rinsing effectiveness, fabric gentleness, cycle
time, noise, vibration, and others. A clothes washer's overall
performance is a balance among all of these interdependent attributes,
and each manufacturer chooses how to balance these aspects of
performance. Furthermore, achieving better performance in one attribute
may require a tradeoff with one or more other attributes. Similar
tradeoffs may exist among the performance attributes of clothes dryers
as well, such as dryness, fabric gentleness, wrinkle removal, and cycle
time.
Recognizing the interdependence of these multiple aspects of
performance in clothes washers and clothes dryers, manufacturers are
currently offering models implementing a range of clothes washer and
clothes dryer performance characteristics. DOE presumes that the
shortest possible cycle times currently available on the market
represent the models for which manufacturers have prioritized cycle
time while maintaining adequate performance across the other
performance aspects. These models must also meet the applicable energy
and water conservation standard. Based on this presumption, the current
energy conservation standards may be precluding manufacturers from
bringing models to the market with substantially shorter cycle times.
Offering products with shorter cycle times (which would provide greater
consumer utility for that aspect of performance) would require more
per-cycle energy and/or water use than would be permitted under the
current standards in order to maintain the same level of performance in
other areas (e.g., cleaning, noise, etc.).
Accordingly, DOE proposes to establish separate product classes for
residential clothes washers and consumer clothes dryers based on the
cycle time required for a normal cycle to wash and dry, respectively,
clothing loads. DOE concludes that cycle time for residential clothes
washers and clothes dryers is a performance-related feature for
purposes of 42 U.S.C. 6295(q) that justifies a higher or lower standard
than that applicable to other product classes of residential clothes
washers and clothes dryers.
Based on the data presented in section II.B, DOE proposes to
establish separate product classes for top-loading residential clothes
washers with an average cycle time of less than 30 minutes when
conducting the DOE clothes washer test procedure at 10 CFR part 430,
subpart B, appendix J2 (``Appendix J2''). DOE also proposes to
establish separate product classes for front-loading residential
clothes washers with an average cycle time of less than 45 minutes when
conducting the same DOE test procedure. For consumer clothes dryers,
DOE proposes separate product classes for clothes dryers with a cycle
time of less than 30 minutes when conducting the DOE clothes dryer test
procedure at 10 CFR part 430, subpart B, appendix D2 (``Appendix D2'').
DOE seeks comment on other appropriate time frames that it could
consider in developing the final rule.
[[Page 49300]]
DOE makes clear that if it were to finalize this proposal and
thereby establish separate product classes for residential clothes
washers and consumer clothes dryers, no energy efficiency standards yet
apply to such products. DOE would need to undertake rulemaking pursuant
to the procedures established in EPCA and the methodology required by
its procedures codified at appendix A to subpart C of 10 CFR part 430.
Accordingly, DOE proposes to establish product classes based on cycle
time as follows:
(1) Top-loading, standard-size clothes washers with an average
cycle time of less than 30 minutes and front-loading, standard-size
clothes washers with an average cycle time of less than 45 minutes; and
(2) Vented, electric standard-size clothes dryers and vented gas
clothes dryers with a test cycle time of less than 30 minutes.
Such products would not be subject to the applicable DOE test
procedure or energy conservation standards, unless and until DOE were
to complete appropriate rulemaking to establish applicable test
procedures and energy conservation standards.
B. Cycle Time Data
DOE gathered data on cycle times for a range of residential clothes
washers and consumer clothes dryers, with test units representing the
most popular product classes for each product. This document provides a
high-level summary of this data. DOE is also including a separate
technical appendix in the docket of this rulemaking that includes a
more detailed presentation of the data.\8\
---------------------------------------------------------------------------
\8\ The technical appendix is available in the docket for this
rulemaking at https://www.regulations.gov.
---------------------------------------------------------------------------
1. Residential Clothes Washers
For residential clothes washers, the top-loading standard-size and
front-loading standard-size product classes combined represent over 95
percent of models currently available on the market. DOE does not have
data regarding the current distribution of shipments by product class;
however, in DOE's experience, model-based distributions provide a close
approximation of shipments-based distributions for residential laundry
products. DOE's Compliance Certification Database \9\ contains 501
unique basic models of residential clothes washers. The number of
unique basic models in each product class (including the corresponding
percentage of the total 501 models) are as follows:
---------------------------------------------------------------------------
\9\ DOE's Compliance Certification Database is available at
https://www.regulations.doe.gov/compliance-certification-database.
Last accessed March 12, 2020.
Top-Loading, Standard-Size: 293 (58.5 percent)
Front-Loading, Standard-Size: 187 (37.3 percent)
Top-Loading, Compact: 20 (4.0 percent)
Front-Loading, Compact: 1 (0.2 percent)
DOE evaluated the cycle times of a representative sample of units
within the top-loading standard-size and front-loading standard-size
product classes. For the top-loading standard-size product class, DOE
tested 23 units representing 10 brands across 7 manufacturers. For the
front-loading standard-size product class, DOE tested 20 units
representing 14 brands across 12 manufacturers. The technical appendix
provides additional details of the technical attributes of each of the
units evaluated.
To evaluate the cycle time of each unit, DOE analyzed test data
from performing the Appendix J2 test procedure once in its entirety for
each unit. Appendix J2 is the DOE test procedure required to
demonstrate compliance with the current energy conservation standards.
The Appendix J2 procedure requires testing a complete set of wash/rinse
temperature selections and load sizes; the specific temperatures and
load sizes required for testing are defined in the test procedure and
are based on the user-selectable options and features available on the
model.\10\ In general, testing is performed using the ``normal'' cycle
(i.e., wash program), which is defined as the wash program recommended
for normal, regular, or typical use for washing up to a full load of
normally-soiled cotton clothing. For clothes washers with manual water
fill control systems (in which the user physically selects the water
fill level), Appendix J2 requires testing each available temperature
selection using two load sizes: minimum and maximum. For clothes
washers with automatic water fill control systems (i.e., ``load-
sensing''), Appendix J2 requires testing each available temperature
selection using three load sizes: minimum, average, and maximum.\11\
Among the top-loading standard-size units that DOE evaluated, 5 models
have a manual water fill control system, 14 models have an automatic
water fill control system, and 4 models have both manual and automatic
water fill systems. All 20 front-loading standard-size units that DOE
evaluated have an automatic water fill control system. DOE is not aware
of any front-loading models on the market with a manual water fill
control system. The DOE test procedure specifies usage factors for the
various tested temperature selections and load sizes, to combine the
results of all the required wash cycles when calculating the integrated
modified energy factor (``IMEF'') rating and integrated water factor
(``IWF'') rating.\12\
---------------------------------------------------------------------------
\10\ Sections 2.12 and 2.8 of Appendix J2 specify the wash/rinse
temperatures and load sizes required for testing, respectively.
\11\ Section 2.8 of Appendix J2 specifies the number of load
sizes to use based on the model's water fill control system. Table
5.1 of Appendix J2 specifies the weight of each load size to be used
for testing, based on the measured capacity of the unit.
\12\ Table 4.1.1 of Appendix J2 defines the ``temperature use
factors,'' which are the consumer usage factors applied to the
temperature selections; and Table 4.1.3 of Appendix J2 defines the
``load usage factors'', which are the consumer usage factors applied
to the load sizes. These usage factors are based on based on surveys
and other data reflecting consumer usage patterns.
---------------------------------------------------------------------------
Clothes washers offer a variety of wash temperature selections
(e.g., Cold, Cool, Warm, Hot, Extra Hot/Sanitize, etc.). Typically,
clothes washer models offer between three and five wash temperatures
that are available for the consumer to choose when selecting the
``normal'' cycle. As described, each temperature selection required for
testing is tested using the two or three different load sizes,
depending on the type of water fill control, as part of the Appendix J2
test procedure.
As an example, consider a representative load-sensing clothes
washer with four available wash temperatures in the normal cycle (e.g.,
Cold, Cool, Warm, Hot). On such a model, conducting Appendix J2 once in
its entirety would require performing 12 individual test cycles (i.e.,
running test cycles on all four temperature settings with each of the
three load sizes), the results of which would be combined in a weighted
average to produce the IMEF and IWF values.
For each unit in its test sample, DOE evaluated cycle time using
the complete set of wash cycle configurations (combinations of wash/
rinse temperature settings and load sizes) required by the DOE test
procedure. The technical appendix provides additional details of the
wash cycle configurations for each unit. The number of wash cycle
configurations ranged from 9 (for a manual water fill unit with three
temperature selections, each tested with two load sizes) to 21 (for a
load-sensing unit with seven temperature selections, each tested with
three load sizes). Appendix J2 does not include provisions for
determining a single
[[Page 49301]]
cycle time metric for residential clothes washers. To evaluate overall
cycle times for model-to-model comparisons, DOE considered three
distinct methods for representing the cycle time of each individual
unit:
1. The arithmetic average of the individual cycle times for each
wash cycle configuration conducted as part of the Appendix J2 test
procedure.
2. The weighted average of the individual cycle times for each wash
cycle configuration conducted as part of the Appendix J2 test
procedure, using the temperature use factors and load usage factors as
defined by Appendix J2 for the weighting.
3. The median cycle time of the complete set of wash cycle
configurations conducted as part of the Appendix J2 test procedure.
The data presented below show the results using each of these three
methods. The technical appendix includes tables that provide, for each
unit evaluated, the individual cycle times for each wash cycle
configuration conducted as part of the Appendix J2 test procedure that
were used as the basis of this analysis. For the purpose of this
evaluation, DOE considered individual cycle time as the time required
to complete the entire active washing mode (washing, soaking, tumbling,
agitating, rinsing, and/or removing water from the load), not including
any continuous status display, intermittent tumbling, or air
circulation following operation in active washing mode. DOE recognizes
that the cycle times associated with specific wash/rinse temperature
combinations, load sizes, or other cycle configurations could also
provide useful comparisons across models.
DOE testing indicates that for a given model, the cycle time of any
individual wash cycle may be dependent upon the options that are
selected for the wash cycle and the size of the load being washed. For
example, an Extra Hot/Sanitize temperature selection typically has a
longer cycle time than other lower-temperature selections because of
the need to heat the water internally to high temperatures, and for the
clothes to remain heated for a sufficient amount of time to achieve
sanitization. As another example, for load-sensing clothes washers,
cleaning a large load size will typically result in a longer cycle time
than a small load size. DOE testing suggests, however, that the
difference in cycle times as a result of these different selections for
a given model (other than for an Extra Hot/Sanitize temperature
selection) is typically less than the range in cycle times among
different models on the market.
Table II.1 and Table II.2 of this document provide the cycle time
(determined using each of the three methods described above) for the
top-loading standard-size and front-loading standard-size residential
clothes washer test units, respectively. The data include each unit's
IMEF and IWF rating, as measured under Appendix J2. Figure II.1 and
Figure II.2 present the same data graphically, showing cycle time with
respect to each unit's IMEF rating for each of the three methods
described above. For the IMEF rating, a higher value indicates more
efficient energy performance. For the IWF rating, a lower value
indicates more efficient water performance. (See the technical appendix
for additional details of the technical attributes of each of the units
evaluated.)
Table II.1--Calculated Cycle Time for Top-Loading, Standard-Size Residential Clothes Washers
----------------------------------------------------------------------------------------------------------------
Cycle time (min)
Rated IMEF -----------------------------------------------
Test unit (cu.ft./kWh/ Rated IWF (gal/ Method 1: Method 2:
cycle) cycle/cu.ft.) arithmetic weighted Method 3:
average average median
----------------------------------------------------------------------------------------------------------------
1............................... 1.57 6.5 41 43 42
2............................... 1.57 6.5 45 50 45
3............................... 1.57 6.5 50 58 51
4............................... 1.57 6.5 64 74 65
5............................... 1.57 6.5 59 61 55
6............................... 1.57 6.5 45 45 44
7............................... 1.57 6.5 40 41 41
8............................... 1.57 6.5 38 38 38
9............................... 1.57 6.5 47 46 46
10.............................. 1.71 4.7 40 45 35
11.............................. 1.57 6.5 29 29 29
12.............................. 1.57 6.5 56 57 57
13.............................. 1.57 6.5 55 56 56
14.............................. 1.57 6.5 47 54 47
15.............................. 2.06 3.8 66 66 66
16.............................. 2.38 3.7 66 67 60
17.............................. 1.57 6.5 27 28 28
18.............................. 1.57 6.5 27 27 27
19.............................. 1.57 6.5 42 43 43
20.............................. 1.57 6.5 42 43 42
21.............................. 1.57 6.5 51 52 52
22.............................. 1.57 6.5 50 51 50
23.............................. 1.57 6.5 50 51 49
----------------------------------------------------------------------------------------------------------------
[[Page 49302]]
Table II.2--Calculated Cycle Time for Front-Loading, Standard-Size Residential Clothes Washers
----------------------------------------------------------------------------------------------------------------
Cycle time (min)
Rated IMEF -----------------------------------------------
Test unit (cu.ft./kWh/ Rated IWF (gal/ Method 1: Method 2:
cycle) cycle/cu.ft.) arithmetic weighted Method 3:
average average median
----------------------------------------------------------------------------------------------------------------
1............................... 2.49 3.5 58 55 56
2............................... 2.22 3.7 69 66 66
3............................... 2.76 3.2 47 47 47
4............................... 2.09 2.8 75 71 70
5............................... 1.86 3.4 68 68 68
6............................... 2.07 4.2 67 59 57
7............................... 2.40 3.7 50 39 35
8............................... 1.85 4.7 78 79 79
9............................... 1.84 4.7 52 54 55
10.............................. 1.85 4.6 54 53 53
11.............................. 1.85 4.7 77 77 78
12.............................. 1.87 4.5 48 48 48
13.............................. 2.80 3.0 57 49 49
14.............................. 3.00 2.9 68 69 65
15.............................. 2.38 3.7 45 45 45
16.............................. 1.84 4.6 48 49 46
17.............................. 1.85 4.6 77 77 78
18.............................. 1.84 4.7 90 78 79
19.............................. 1.84 4.7 47 46 43
20.............................. 2.38 3.7 59 58 50
----------------------------------------------------------------------------------------------------------------
[GRAPHIC] [TIFF OMITTED] TP13AU20.005
[[Page 49303]]
2. Consumer Clothes Dryers
For consumer clothes dryers, the vented electric standard-size and
vented gas product classes combined represent over 89 percent of models
currently available on the market. DOE does not have data regarding the
current distribution of shipments by product class; however, in DOE's
experience, model-based distributions provide a close approximation of
shipments-based distributions for residential laundry products. DOE's
Compliance Certification Database contains 686 unique basic models of
residential clothes dryers. The number of unique basic models in each
product class (including the corresponding percentage of the total 686
models) are as follows:
Vented Electric, Standard-Size: 353 (51.5 percent)
Vented Gas: 261 (38.0 percent)
Vented Electric, Compact (120V): 22 (3.2 percent)
Vented Electric, Compact (240V): 20 (2.9 percent)
Ventless Electric, Compact (240V): 12 (1.7 percent)
Ventless Electric, Combination Washer-Dryer: 18 (2.6 percent)
DOE evaluated the cycle times of a representative sample of units
within the vented electric standard-size and vented gas product
classes. For the vented electric standard-size product class, DOE
tested 6 units representing 4 brands across 4 manufacturers. In
addition, DOE evaluated cycle time data from the ENERGY STAR product
database \13\ for an additional 245 vented electric standard-size units
representing 14 brands across 7 manufacturers. For the vented gas
product class, DOE tested 8 units representing 4 brands across 4
manufacturers. In addition, DOE evaluated cycle time data from the
ENERGY STAR product database for an additional 110 vented gas units
representing 9 brands across 5 manufacturers. In total, DOE evaluated
the cycle times of units representing over 50 percent of residential
clothes dryer basic models. The technical appendix provides additional
details of the technical attributes of each of the units evaluated.
---------------------------------------------------------------------------
\13\ Manufacturers must report cycle time as tested under
Appendix D2 when seeking ENERGY STAR qualification for a consumer
clothes dryer basic model. ENERGY STAR product database for clothes
dryers is available at https://www.energystar.gov/productfinder/product/certified-clothes-dryers/results. Last accessed January 22,
2020.
---------------------------------------------------------------------------
To evaluate the cycle time of each tested unit, DOE analyzed data
from performing the Appendix D2 test procedure. Appendix D2 is
currently optional for demonstrating compliance with the current DOE
energy conservation standards, but is used for demonstrating compliance
with ENERGY STAR criteria. Appendix D2 specifies that clothes dryers
with automatic cycle termination be operated using the ``normal''
program (or the cycle recommended by the manufacturer for drying cotton
or linen clothes in the absence of a normal program) until the
completion of the cycle, as indicated to the consumer. Where it is
possible for the drying temperature and dryness level to be selected
independently of the program, the maximum drying temperature setting is
used with the ``normal'' or ``medium'' dryness level (or the mid-point
between the minimum and maximum settings). Section 3.3.2 of Appendix
D2.
In contrast, Appendix D1 does not provide data that can be used to
determine a ``cycle time'' as experienced by the consumer. Performing
the Appendix D1 test procedure requires operating the dryer on a timed
dry cycle set to the maximum time available, artificially stopping the
drying cycle when the moisture content of the load is between 2.0 and
5.5 percent of the bone-dry weight of the cloth, normalizing the
measured energy to represent a standardized moisture content removal of
53.5 percent, and applying a field use factor to calculate the
representative per-cycle energy use. Because Appendix D1 requires
manually stopping operation at a specified moisture content,
normalizing, and applying a field use factor, the length of time that a
clothes dryer is operated during an Appendix D1 test does not
necessarily correspond to the length of time that a consumer would
operate the clothes dryers (in contrast to the calculated energy use,
which is representative of the energy use experienced by the
consumer).\14\
---------------------------------------------------------------------------
\14\ Appendix D1 does not provide data that can be used to
determine a ``cycle time'' because the drying cycle is artificially
terminated. The artificially terminated cycle has a field use factor
applied to calculate representative energy consumption. Appendix D2
provides representative energy use and a corresponding cycle time,
because the cycle is run from start to completion without being
artificially terminated.
---------------------------------------------------------------------------
The sample of models tested by DOE were certified to DOE using
Appendix D1, but tested by DOE using Appendix D2 for the purpose of
determining cycle time in this analysis. All of the models analyzed
from the ENERGY STAR database were certified to ENERGY STAR using
Appendix D2. All of the models in DOE's test sample provide automatic
cycle termination capability.
Under Appendix D2, the combined energy factor (``CEF'') rating is
based on the energy consumption of a single test cycle.\15\ The cycle
time evaluated by DOE represents the total cycle time as tested under
Appendix D2, excluding any wrinkle prevention mode that continuously or
intermittently tumbles the clothes dryer drum after the clothes dryer
indicates to the user that the cycle has finished. Table II.3 and Table
II.4 provide the Appendix D2 cycle time data for the vented electric
standard-size and vented gas clothes dryers tested by DOE,
respectively.\16\ The technical appendix includes the additional cycle
time data evaluated for the models certified in the ENERGY STAR
database. Figure II.3 and Figure II.4 present the same data
graphically, including the additional cycle time data from the ENERGY
STAR product database.\17\
---------------------------------------------------------------------------
\15\ For automatic termination control dryers, Appendix D2
requires that if the clothes dryer is equipped with a mode that
continuously or intermittently tumbles the load after the indicating
the cycle has finished (i.e., wrinkle prevention mode) that is
activated by default in the as-shipped position or if the
manufacturer's instructions specify that the mode be activated for
normal use, the cycle is considered complete after the end of
wrinkle prevention mode. If at the end of the test cycle, the final
moisture content is greater than 2 percent, then the results for
that test cycle are discarded and the test is rerun with the highest
dryness level setting.
\16\ For both vented electric standard and vented gas clothes
dryers, baseline units with CEF values near the current energy
conservation standard level are typically certified to DOE using
Appendix D1. The presented cycle times, however, are those measured
by DOE when the units were tested to Appendix D2.
\17\ The technical appendix tables, available at https://www.regulations.gov include the ENERGY STAR data. This data is not
included in this document due to the very large number of models
included.
Table II.3--Measured Cycle Time for Vented Electric Standard-Size
Clothes Dryers Using Appendix D2
------------------------------------------------------------------------
Rated CEF (lbs/ Cycle time
Test unit kWh) (min)
------------------------------------------------------------------------
1....................................... 3.73 40
2....................................... 3.73 62
3....................................... 3.73 67
4....................................... 3.74 39
5....................................... 3.74 36
6....................................... 3.73 45
------------------------------------------------------------------------
Table II.4--Measured Cycle Time for Vented Gas Clothes Dryers Using
Appendix D2
------------------------------------------------------------------------
Rated CEF (lbs/ Cycle time
Test unit kWh) (min)
------------------------------------------------------------------------
1....................................... 3.30 89
2....................................... 3.30 78
[[Page 49304]]
3....................................... 3.31 36
4....................................... 3.31 35
5....................................... 3.30 63
6....................................... 3.30 54
7....................................... 3.30 33
8....................................... 3.30 51
------------------------------------------------------------------------
[GRAPHIC] [TIFF OMITTED] TP13AU20.006
The data presented in this NOPR demonstrate a wide range of cycle
times among the clothes dryer models within each product class. Because
these cycle times correspond to the ``normal'' program on each model,
the differences among them may be due to the characteristics of the
heating element/burner control scheme used by the normal cycle; the
effectiveness of the automatic termination control system in sensing
the moisture content of the load and ending the drying cycle when the
specified final moisture content is reached, without significant over-
drying; or other factors.
C. Separate Short-Cycle Product Classes
1. Residential Clothes Washers
For residential clothes washers, DOE's data indicate that for
standard-size top-loading units on the market, the shortest available
cycle time when tested under Appendix J2 (the currently applicable test
procedure) is approximately 30 minutes. The data also indicate that for
standard-size front-loading units on the market, the shortest available
cycle time when tested under Appendix J2 is approximately 45 minutes.
This distinction demonstrates that front-loading clothes washers, which
are generally more efficient than top-loading clothes washers,
inherently require additional time to wash a load
[[Page 49305]]
of clothes. Front-loading clothes washers typically use less water, and
thus less water heating energy, than comparably-sized top-loading
clothes washers due to the tumbling action in front-loading units, but
the lower mechanical cleaning action of this tumbling as compared to
the agitation in top-loading units can result in relatively longer
cycle times to achieve similar cleaning performance. DOE seeks to
preserve the utility of a short cycle time for both top-loading and
front-loading clothes washers in this NOPR.
Appendix J2 specifies multiple test cycles with varying temperature
selections and load sizes to be run as part of the energy test cycle.
Because different residential clothes washers may have a differing
number of wash and rinse temperature selections required to be tested
as part of the energy test cycle in Appendix J2, and because cycles
conducted on the same machine at different wash/rinse temperature
selections may have differing cycle times, DOE proposes in this NOPR
that the cycle time for a particular residential clothes washer model
would be considered to be the average of the individual cycle times for
each test cycle conducted as part of the energy test cycle specified in
Appendix J2. This corresponds to ``Method 1'' described in section
II.B.1 of this document. DOE is also proposing that each individual
cycle time would be based on the time required to complete the entire
active washing mode (which includes washing, soaking, tumbling,
agitating, rinsing, and/or removing water from the load), not including
any continuous status display, intermittent tumbling, or air
circulation following operation in active washing mode. This approach
would also provide information to the consumer about an average cycle
time across all of the cycles that are representative of consumer
usage, consistent with the energy and water consumption information
provided in the Integrated Modified Energy Factor (``IMEF'') and
Integrated Water Factor (``IWF'') metrics, respectively, that are the
bases of the current energy conservation standards for residential
clothes washers.
Issue 1: DOE requests comment on the analysis used to determine
cycle time for residential clothes washers, including whether
calculating an average value across all test cycles (Method 1) is
appropriate.
Issue 2: DOE also seeks comment on whether, alternatively, a
different method for calculating cycle time should be used, such as the
weighted-average method (Method 2 described in section II.B.1 of this
document) or the median method (Method 3); or any other method that
would be appropriate.
DOE is aware that some clothes washers provide, in addition to the
normal cycle,\18\ a setting that provides a shorter cycle time. While
clothes washers may offer reduced-time cycle options, such cycles are
not recommended by the manufacturer for normal, regular, or typical use
for washing up to a full load of normally-soiled cotton clothing (as
DOE currently defines the normal cycle). Such cycles are not the
product's ``normal cycle'' and would not be measured as part of the
Appendix J2 test because Appendix J2 specifies performing testing on
the normal cycle.
---------------------------------------------------------------------------
\18\ Section 1.25 of Appendix J2 defines Normal cycle as the
cycle recommended by the manufacturer (considering manufacturer
instructions, control panel labeling, and other markings on the
clothes washer) for normal, regular, or typical use for washing up
to a full load of normally-soiled cotton clothing. For machines
where multiple cycle settings are recommended by the manufacturer
for normal, regular, or typical use for washing up to a full load of
normally-soiled cotton clothing, then the Normal cycle is the cycle
selection that results in the lowest IMEF or MEF value.
---------------------------------------------------------------------------
DOE presumes that certain manufacturers are currently implementing
the shortest possible cycle times that enable a clothes washer to
achieve satisfactory cleaning performance (and other aspects of clothes
washer performance) while meeting the applicable energy and water
conservation standards. Based on this presumption, the current energy
conservation standards may be precluding manufacturers from bringing
models to the market with substantially shorter cycle times. DOE's data
suggest that standard-size residential clothes washers may not be able
to comply with current energy and water conservation standards for
residential top-loading clothes washers with cycle times substantively
less than 30 minutes and front-loading clothes washers with cycle times
substantively less than 45 minutes. To allow manufacturers the
opportunity to innovate and develop products that would provide
consumers the utility of such shorter cycle times, DOE proposes in this
NOPR to establish separate product classes for top-loading standard-
size residential clothes washers with average cycle times less than 30
minutes and front-loading standard-size residential clothes washers
with average cycle times less than 45 minutes.
Issue 3: DOE seeks comment on its proposal to establish separate
product classes for top-loading standard-size residential clothes
washers with average cycle times less than 30 minutes, including
whether the 30-minute threshold average cycle time is appropriate or
whether DOE should consider a different average cycle time for the
final rule.
Issue 4: DOE also seeks comment on its proposal to establish
separate product classes for front-loading standard-size residential
clothes washers with average cycle times less than 45 minutes,
including whether the 45-minute threshold average cycle time is
appropriate or whether DOE should consider a different average cycle
time for the final rule.
DOE is not proposing to establish cycle-time based product classes
for top-loading compact and front-loading compact residential clothes
washers because compact-size units are niche products that represent
less than 4 percent of residential clothes washer models on the
market.\19\ DOE could consider, however, whether the 30-minute, 45-
minute or some other product class distinction related to cycle time
should also apply the compact product classes.
---------------------------------------------------------------------------
\19\ Based on DOE's Compliance Certification Database for
residential clothes washers, top-loading compact and front-loading
compact product classes combined represent 32 models out of a total
of 816 certified basic models. https://www.regulations.doe.gov/certification-data/CCMS-4-Clothes_Washers.html#q=Product_Group_s%3A%22Clothes%20Washers%22.
Last accessed January 6, 2020.
---------------------------------------------------------------------------
Issue 5: DOE seeks comment on whether the 30-minute product class
distinction should apply to both standard and compact residential
clothes washers, and whether that would include both top-loading and
front-loading configurations.
2. Consumer Clothes Dryers
For consumer clothes dryers, DOE's data indicate that for both
vented electric standard-size and vented gas units, the shortest
available cycle time when tested under Appendix D2 is approximately 30
minutes.
As described, during Appendix D2 testing, consumer clothes dryers
equipped with automatic cycle termination are operated using
representative cycle settings (specifically, the ``normal'' program, or
the cycle recommended by the manufacturer for drying cotton or linen
clothes; with the maximum drying temperature and ``normal'' or
``medium'' dryness level, if either setting can be selected independent
of the ``normal'' program) to completion of the cycle, with the cycle
deemed valid if the final moisture content of the load is no greater
than 2 percent.
[[Page 49306]]
As stated, manufacturers are not required to use Appendix D2 at
this time to demonstrate compliance with current energy conservation
standards. However, manufacturers must use Appendix D2 in order to
qualify a consumer clothes dryer for ENERGY STAR labeling, and
manufacturers must use a single test procedure (Appendix D1 or Appendix
D2) for all representations of energy use, including certification of
compliance with applicable energy conservation standards. Therefore,
all ENERGY STAR-qualified consumer clothes dryers are already being
tested according to Appendix D2.
Issue 6: DOE seeks comment on its use of Appendix D2 to determine
the cycle time of a clothes dryer.
DOE's data indicate that vented electric standard-size and vented
gas clothes dryers that comply with the current energy conservation
standards exhibit cycle times of approximately 30 minutes or longer.
Thus, assuming certain manufacturers are currently implementing the
shortest possible cycle times that enable a clothes dryer to achieve
satisfactory drying performance (and other aspects of clothes dryer
performance) while meeting the applicable energy conservation
standards, the standards may preclude manufacturers from offering
consumers clothes dryers that provide the utility of cycle times
shorter than 30 minutes. For these reasons, DOE proposes in this NOPR
to establish separate product classes for vented electric standard-size
and vented gas clothes dryers with cycle times less than 30 minutes.
Issue 7: DOE seeks comment on its proposal to establish separate
product classes for vented electric standard-size vented gas clothes
dryers with cycle times less than 30 minutes, including whether the 30-
minute threshold cycle time is appropriate or whether DOE should
consider a different value for the final rule.
Because compact consumer clothes dryers and combination washer-
dryers are niche products that represent a relatively low percentage of
models on the market,\20\ DOE is not proposing to establish short-cycle
product classes for vented electric compact (120 V or 240 V), ventless
electric compact (240 V), and ventless electric combination washer-
dryer products. DOE seeks comment on whether to establish separate
product classes for ventless or compact electric units that offer a
short cycle, and if so, an appropriate length for such a product class.
---------------------------------------------------------------------------
\20\ Based on DOE's Compliance Certification Database for
consumer clothes dryers, vented electric compact (120 V or 240 V),
ventless electric compact (240 V), and ventless electric combination
washer-dryer product classes collectively represent 95 models out of
a total of 1,086 certified basic models. https://www.regulations.doe.gov/certification-data/CCMS-4-Clothes_Dryers_-_Appendix_D1.html#q=Product_Group_s%3A%22Clothes%20Dryers%20-%20Appendix%20D1%22 (Appendix D1 models) and https://www.regulations.doe.gov/certification-data/CCMS-4-Clothes_Dryers_-_Appendix_D2.html#q=Product_Group_s%3A%22Clothes%20Dryers%20-%20Appendix%20D2%22 (Appendix D2 models). Last accessed January 6,
2020.
---------------------------------------------------------------------------
Issue 8: DOE seeks comment on whether the 30-minute product class
distinction should apply only to vented electric standard-size and
vented gas product classes, or whether shorter cycle times should be
considered for all consumer clothes dryer product classes.
Issue 9: DOE further seeks comment on appropriate cycle times for
any short-cycle vented electric, ventless electric, and ventless
combination washer-dryer product classes.
D. EPCA's Anti-Backsliding Provision
In any rulemaking to establish standards for a separate product
class, DOE must consider EPCA's general prohibition against prescribing
amended standards that increases the maximum allowable energy use, or,
in the case of showerheads, faucets, water closets, or urinals, water
use, or decreases the minimum required energy efficiency, of a covered
product. (42 U.S.C. 6295(o)(1); the ``anti-backsliding provision'') As
explained in the proposed rule that would grant a petition for
rulemaking to establish a new dishwasher product class, the anti-
backsliding provision must be read in conjunction with the product
class authority in 42 U.S.C. 6295(q), and does not prohibit the
establishment of product classes as proposed in this document. (84 FR
33869, 33871-33873; July 16, 2019) DOE presents the substance of that
explanation in the paragraphs that follow.
Section 6295(q) directs DOE to specify ``a level of energy use or
efficiency higher or lower than that which applies (or would apply) for
such type or class . . .'' if the Secretary determines that covered
products within such group consume a different type of energy or have a
capacity or other performance-related feature that justifies ``a higher
or lower standard from that which applies (or will apply) to other
products within such type (or class).'' (42 U.S.C. 6295(q)) EPCA
explicitly acknowledges, therefore, that product features may arise
that require designation of a product class with a standard lower than
that applicable to other product classes for that covered product.
Specifically, by using the present tense, ``a higher or lower
standard than that which applies,'' EPCA authorizes DOE to reduce the
stringency of the standard currently applicable to the products covered
under the newly established separate product class. The applicability
of this provision to current standards is further evidenced by the
additional reference to standards that are not yet applicable (i.e.,
standards that ``would apply'' or ``will apply''). If 42 U.S.C.
6295(q)(1) were to operate only in instances in which standards have
not yet been established, there would be no need to separately indicate
the applicability to future standards. Nor would there be any purpose
to calling out the potential for higher or lower standards, because
there would not be any standards against which to measure that
potential. In this manner, 42 U.S.C. 6295(q) authorizes DOE to reduce
the stringency of a currently applicable standard upon making the
determinations required by 42 U.S.C. 6295(q).
This reading of the statutory text recognizes that section 6295(q)
of EPCA cannot be read to prohibit DOE from establishing standards that
allow for technological advances or product features that could yield
significant consumer benefits while providing additional functionality
(i.e., consumer utility) to the consumer. DOE relied on this concept
when, in 2011, DOE established separate energy conservation standards
for ventless clothes dryers, reasoning that the ``unique utility''
presented by the ability to have a clothes dryer in a living area where
vents are impossible to install (i.e., a high-rise apartment) merited
the establishment of a separate product class. 76 FR 22454, 22485 (Apr.
21, 2011). Another example of this that DOE is beginning to explore is
network connectivity of covered products. See DOE's Smart Products RFI
at 83 FR 46886 (Sept. 18, 2018). Network connectivity is a technology
that has only recently begun to appear on the market. Moreover, it
clearly has a desirable consumer utility and is a fast-growing feature
of new models of covered products. However, network connectivity comes
with attendant energy use. EPCA's anti-backsliding provision cannot be
read to prohibit DOE from establishing standards that allow for covered
products to be connected to a network simply because standards for
those products were established prior to the time that network
connectivity was even contemplated, and thereby eliminating
[[Page 49307]]
the ability to implement this consumer-desired option. Similarly, for
residential clothes washers and consumer clothes dryers, 42 U.S.C.
6295(q) authorizes DOE to establish standards for product features that
provide consumer utility, such as shorter cycle times.
This interpretation is consistent with DOE's previous recognition
of the importance of technological advances that could yield
significant consumer benefits in the form of lower energy costs while
providing the same functionality to the consumer. 80 FR 13120, 13138
(Mar. 12, 2015); 81 FR 65720, 65752 (Sept. 23, 2016). In the proposed
and supplemental proposed rule to establish standards for residential
furnaces, DOE stated that tying the concept of feature to a specific
technology would effectively ``lock-in'' the currently existing
technology as the ceiling for product efficiency and eliminate DOE's
ability to address such technological advances. Id.
Further, EPCA's anti-backsliding provision is limited in its
applicability with regard to water use to four specified products,
i.e., showerheads, faucets, water closets, or urinals. DOE's existing
energy conservation standards for residential clothes washers include
both energy and water use components. As residential clothes washers
are not one of the products listed in the anti-backsliding provision
with respect to water use, EPCA does not prohibit DOE from specifying a
maximum amount of water use for residential clothes washers that is
greater than the existing standard without regard to whether DOE were
to establish separate product classes for residential clothes washers
as proposed in this proposed rule.
Finally, DOE recognizes that 42 U.S.C. 6295(o)(4) prohibits DOE
from establishing standards that would result in the unavailability in
any covered product type (or class) of performance characteristics
(including reliability), features, sizes, capacities and volumes that
are substantially the same as those generally available at the time of
the Secretary's finding. Section 6295(q) of EPCA authorizes DOE to set
standards that recognize new technologies and product features, or in
this case, features that are no longer available in the market. This
reading of the statute is consistent with DOE's previous acknowledgment
that its determination of what constitutes a performance-related
feature justifying a different standard could change depending on the
technology and the consumer utility, and that as a result, certain
products may disappear from (or reappear in) the market entirely due to
shifting consumer demand. This reading is also consistent with DOE's
statements that DOE determines this value on a case-by-case basis
through its own research as well as public comments received. (80 FR
13120, 13138, Mar. 12, 2015). In addition, once DOE makes a
determination that a certain product attribute is a feature, DOE cannot
later set a standard that would eliminate that feature.
III. Conclusion
DOE has concluded that it has legal authority to establish separate
short-cycle product classes for residential clothes washers and
consumer clothes dryers pursuant to 42 U.S.C. 6295(q). DOE proposes to
establish separate product classes for top-loading standard-size and
front-loading standard-size residential clothes washers with cycle
times of less than 30 and 45 minutes, respectively, and for vented
electric standard-size and vented gas clothes dryers with a cycle time
of less than 30 minutes. DOE will consider test procedures and energy
conservation standards in separate rulemakings, should such product
classes be established.
DOE also proposes to update the requirements for the residential
clothes washer and consumer clothes dryer standards at 10 CFR
430.32(g)(4) and (h)(3), respectively. The current requirements for
both products include tables that specify the applicable energy
conservation standards. DOE proposes to add new paragraphs following
each table showing the current requirements to specify that top-loading
standard-size and front-loading standard-size residential clothes
washers with an average cycle time of less than 30 and 45 minutes,
respectively, are not currently subject to energy or water conservation
standards, and that vented electric standard-size and vented gas
clothes dryers with a cycle time of less than 30 minutes are not
currently subject to energy conservation standards.
As noted, DOE seeks comment on other potential time limits or
utilities to delineate the separate product classes, as well as whether
short-cycle product classes should be established for other product
classes of residential clothes washers and consumer clothes dryers.
Should DOE finalize separate product classes, DOE would then evaluate
energy and water consumption limits to determine standards for each
product class that provide for the maximum energy efficiency that is
technologically feasible and economically justified, and will result in
a significant conservation of energy. (42 U.S.C. 6295(o)(2)(A)) DOE
will provide additional opportunity for comment on any proposed energy
conservation standards for short-cycle residential clothes washers and
consumer clothes dryers.
IV. Request for Comments, Data, and Information
In this rulemaking, DOE proposes to establish separate product
classes for top-loading standard-size and front-loading standard-size
residential clothes washers with cycle times of less than 30 and 45
minutes, respectively, and vented electric standard-size and vented gas
consumer clothes dryers with a cycle time of less than 30 minutes. To
inform its consideration of the proposal and any future energy
conservation standards for such residential clothes washers and
consumer clothes dryers, DOE requests additional data on the following:
Issue 10: DOE requests data on the cycle times of cycles with
various wash and rinse temperature selections and load sizes for
residential clothes washers (both standard size and compact).
Issue 11: DOE requests data on the cycle time of consumer clothes
dryers (standard size and compact, vented and ventless, 120 V and 240
V, and combination washer-dryer configurations) currently on the
market.
Issue 12: DOE requests comment on whether any current technologies
are available that could provide a wash cycle (for residential clothes
washers) or a dry cycle (for consumer clothes dryers) in less than 30
minutes, and that would allow the product to comply with the applicable
current energy conservation standards.
As noted, in addition to the normal cycle, some clothes washers
provide a cycle that provides a shorter cycle time. To better
understand the extent of the utility that a short cycle would
potentially provide consumers, DOE requests comment and data on the
following:
Issue 13: For each current residential clothes washer product
class, DOE seeks data and information on consumer use of reduced-time
cycles as a percentage of individual residential clothes washer use;
the cycle time of the reduced-time cycles selected; and the cycle time
of the ``normal'' cycle of that clothes washer.
Issue 14: DOE seeks data and information on how residential clothes
washers with ``express'' or ``quick wash'' cycles operate and how those
cycles compare to a ``normal cycle'' with regard to cleaning clothing.
Issue 15: DOE requests information on the operating demands on
consumers
[[Page 49308]]
that may favor shorter cycle times for both residential clothes washers
and consumer clothes dryers.
In analyzing the feasibility of potential energy conservation
standards, DOE uses information about existing and past technology
options and prototype designs to help identify technologies that
manufacturers could use to meet and/or exceed a given set of energy
conservation standards under consideration.
Issue 16: DOE seeks information on technologies currently used or
that could be used to achieve cycles with reduced time. Specifically,
DOE is interested in information regarding expected market adoption and
any concerns with incorporating such technologies into products (e.g.,
impacts on consumer utility; potential safety concerns; manufacturing,
production, implementation issues, etc.).
Issue 17: DOE seeks input on the costs associated with
incorporating particular technologies and/or design options to achieve
cycles with reduced time.
Issue 18: DOE seeks information on the range of efficiencies or
performance characteristics associated with each technology option that
could be used to achieve cycles with reduced time.
Issue 19: DOE requests information on the investments necessary to
incorporate specific technologies and design options that could be used
to achieve cycles with reduced time, including, but not limited to,
costs related to new or modified tooling (if any), materials,
engineering and development efforts to implement each design option,
and manufacturing or production impacts.
Issue 20: DOE requests comment on any impacts to small businesses
that may occur as a result of this proposal.
DOE has identified a variety of issues on which it seeks input in
this rulemaking to establish separate product classes and the
appropriate energy conservation standards for such product classes,
should they be established. Additionally, DOE welcomes comments on
other issues relevant to the conduct of this rulemaking that may not
specifically be identified in this document. In particular, DOE notes
that under Executive Order 13771, ``Reducing Regulation and Controlling
Regulatory Costs,'' Executive Branch agencies such as DOE are directed
to manage the costs associated with the imposition of expenditures
required to comply with Federal regulations. See 82 FR 9339 (Feb. 3,
2017). Consistent with that Executive Order, DOE encourages the public
to provide input on measures that DOE could take to lower the cost of
its energy conservation standards rulemakings, recordkeeping and
reporting requirements, and compliance and certification requirements
applicable to residential clothes washers and clothes dryers, while
remaining consistent with the requirements of EPCA.
V. Submission of Comments
DOE invites all interested parties to submit in writing by October
13, 2020, comments and information on matters addressed in this
document and on other matters relevant to DOE's consideration of a
separate product classes for top-loading, standard-size residential
clothes washers with an average cycle time of less than 30 minutes when
conducting the test procedure at Appendix J2; for front-loading,
standard-size residential clothes washers with an average cycle time of
less than 45 minutes when conducting the test procedure at Appendix J2;
and vented electric standard-size clothes dryers and vented gas clothes
dryers with a cycle time of less than 30 minutes when conducting the
test procedure in Appendix D2. DOE also seeks comment on potential
energy conservations standards for such classes of residential clothes
washers and consumer clothes dryers, should they be established. After
the close of the comment period, DOE will review the public comments
received and begin collecting data and conducting the analyses
necessary to consider appropriate energy conservation standard levels.
Submitting comments via https://www.regulations.gov. The https://www.regulations.gov web page will require you to provide your name and
contact information. Your contact information will be viewable to DOE
Building Technologies staff only. Your contact information will not be
publicly viewable except for your first and last names, organization
name (if any), and submitter representative name (if any). If your
comment is not processed properly because of technical difficulties,
DOE will use this information to contact you. If DOE cannot read your
comment due to technical difficulties and cannot contact you for
clarification, DOE may not be able to consider your comment.
However, your contact information will be publicly viewable if you
include it in the comment or in any documents attached to your comment.
Any information that you do not want to be publicly viewable should not
be included in your comment, nor in any document attached to your
comment. Following this instruction, persons viewing comments will see
only first and last names, organization names, correspondence
containing comments, and any documents submitted with the comments.
Do not submit to https://www.regulations.gov information for which
disclosure is restricted by statute, such as trade secrets and
commercial or financial information (hereinafter referred to as
Confidential Business Information (``CBI'')). Comments submitted
through https://www.regulations.gov cannot be claimed as CBI. Comments
received through the website will waive any CBI claims for the
information submitted. For information on submitting CBI, see the
Confidential Business Information section.
DOE processes submissions made through https://www.regulations.gov
before posting. Normally, comments will be posted within a few days of
being submitted. However, if large volumes of comments are being
processed simultaneously, your comment may not be viewable for up to
several weeks. Please keep the comment tracking number that https://www.regulations.gov provides after you have successfully uploaded your
comment.
Submitting comments via email, hand delivery/courier, or postal
mail. Comments and documents submitted via email, hand delivery/
courier, or postal mail also will be posted to https://www.regulations.gov. If you do not want your personal contact
information to be publicly viewable, do not include it in your comment
or any accompanying documents. Instead, provide your contact
information on a cover letter. Include your first and last names, email
address, telephone number, and optional mailing address. The cover
letter will not be publicly viewable as long as it does not include any
comments.
Include contact information each time you submit comments, data,
documents, and other information to DOE. If you submit via postal mail
or hand delivery/courier, please provide all items on a CD, if
feasible, in which case it is not necessary to submit printed copies.
No faxes will be accepted.
Comments, data, and other information submitted to DOE
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file format. Provide documents that
are not secured, written in English and free of any defects or viruses.
Documents should not contain special characters or any form of
encryption and, if possible, they should carry the electronic signature
of the author.
[[Page 49309]]
Campaign form letters. Please submit campaign form letters by the
originating organization in batches of between 50 to 500 form letters
per PDF or as one form letter with a list of supporters' names compiled
into one or more PDFs. This reduces comment processing and posting
time.
Confidential Business Information. According to 10 CFR 1004.11, any
person submitting information that he or she believes to be
confidential and exempt by law from public disclosure should submit via
email, postal mail, or hand delivery/courier two well-marked copies:
One copy of the document marked confidential including all the
information believed to be confidential, and one copy of the document
marked ``non-confidential'' with the information believed to be
confidential deleted. Submit these documents via email or on a CD, if
feasible. DOE will make its own determination about the confidential
status of the information and treat it according to its determination.
It is DOE's policy that all comments may be included in the public
docket, without change and as received, including any personal
information provided in the comments (except information deemed to be
exempt from public disclosure).
DOE considers public participation to be a very important part of
the process for developing test procedures and energy conservation
standards. DOE actively encourages the participation and interaction of
the public during the comment period in each stage of this process.
Interactions with and between members of the public provide a balanced
discussion of the issues and assist DOE in the process. Anyone who
wishes to be added to the DOE mailing list to receive future notices
and information about this process should contact Appliance and
Equipment Standards Program staff at (202) 287-1445 or via email at
[email protected].
VI. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866 ``Regulatory Planning and
Review''
This proposed rule is a ``significant regulatory action'' under the
criteria set out in section 3(f) of Executive Order 12866, ``Regulatory
Planning and Review.'' 58 FR 51735 (October 4, 1993). Accordingly, this
action was subject to review by the Office of Information and
Regulatory Affairs (``OIRA'') in the Office of Management and Budget
(``OMB'').
B. Review Under Executive Order 13771
On January 30, 2017, the President issued Executive Order
(``E.O.'') 13771, ``Reducing Regulation and Controlling Regulatory
Costs.'' E.O. 13771 stated the policy of the executive branch is to be
prudent and financially responsible in the expenditure of funds, from
both public and private sources. E.O. 13771 stated it is essential to
manage the costs associated with the governmental imposition of private
expenditures required to comply with Federal regulations.
DOE has determined that this proposed rule is a deregulatory
action. This proposed rule, if adopted, would establish separate
product classes for short-cycle residential clothes washers and
consumer clothes dryers. Manufacturers could design and manufacture new
products in this product class to meet consumer demand. DOE also seeks
data to assist its determination of the appropriate standard levels for
such product classes in subsequent rulemakings.
C. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of an initial regulatory flexibility analysis (``IRFA'')
for any rule that by law must be proposed for public comment, unless
the agency certifies that the rule, if promulgated, will not have a
significant economic impact on a substantial number of small entities.
As required by Executive Order 13272, ``Proper Consideration of Small
Entities in Agency Rulemaking,'' 67 FR 53461 (Aug. 16, 2002), DOE
published procedures and policies on February 19, 2003, to ensure that
the potential impacts of its rules on small entities are properly
considered during the rulemaking process. 68 FR 7990. DOE has made
these procedures and policies available on the Office of the General
Counsel's website (https://energy.gov/gc/office-general-counsel).
DOE reviewed this proposed rule under the provisions of the
Regulatory Flexibility Act and the procedures and policies published on
February 19, 2003. DOE has tentatively concluded that this proposed
rule will not have a significant impact on a substantial number of
small entities. The factual basis for this determination is as follows:
The Small Business Administration (``SBA'') considers a business
entity to be a small business, if, together with its affiliates, it
employs less than a threshold number of workers or earns less than the
average annual receipts specified in 13 CFR part 121. The threshold
values set forth in these regulations use size standards and codes
established by the North American Industry Classification System
(``NAICS'') that are available at: https://www.sba.gov/document/support-tablesize-standards. The threshold number for NAICS
classification code 335220, major household appliance manufacturing,
which includes clothes dryer and clothes washer manufacturers, is 1,500
employees. Manufacturers must certify compliance of their products to
DOE prior to distributing them in commerce. Because no small
manufacturers have certified to DOE in 2019 or 2020, DOE does not
believe that there are any small manufacturers of these products. In
addition, this rulemaking proposes to establish product classes for
residential clothes washers and consumer clothes dryers with cycle
times less than 30 minutes. Appropriate standard levels would be
established in subsequent rulemakings. As a result, DOE certifies that
the proposed rule would not have a significant impact on a substantial
number of small entities. DOE will transmit the certification and
supporting statement of factual basis to the Chief Counsel for Advocacy
of the Small Business Administration for review under 5 U.S.C. 605(b).
D. Review Under the Paperwork Reduction Act
This rulemaking, which proposes to establish product classes for
residential clothes washers and consumer clothes dryers with cycle
times less than 30 minutes, but does not establish standards or new
testing requirements that would be required for testing such products,
imposes no new information or record keeping requirements. Accordingly,
Office of Management and Budget clearance is not required under the
Paperwork Reduction Act. (44 U.S.C. 3501 et seq.)
Manufacturers of covered products generally must certify to DOE
that their products comply with any applicable energy conservation
standards. To certify compliance, manufacturers must first obtain test
data for their products according to the DOE test procedures, including
any amendments adopted for those test procedures. DOE has established
regulations for the certification and recordkeeping requirements for
all covered consumer products and commercial equipment, including
residential clothes washers and consumer clothes dryers. (See generally
10 CFR part 429). The collection-of-information requirement for the
certification and recordkeeping
[[Page 49310]]
is subject to review and approval by OMB under the Paperwork Reduction
Act (``PRA''). This requirement has been approved by OMB under OMB
control number 1910-1400. Public reporting burden for the certification
is estimated to average 35 hours per response, including the time for
reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number.
E. Review Under the National Environmental Policy Act of 1969
In this proposed rule, DOE proposes to establish product classes
for residential clothes washers and consumer clothes dryers with cycle
times less than 30 minutes. DOE has determined that this rule falls
into a class of actions that are categorically excluded from review
under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and DOE's implementing regulations at 10 CFR part 1021.
Specifically, this proposed rule would only establish new product
classes for residential clothes washers and consumer clothes dryers
and, therefore, would not result in any environmental impacts. Thus,
this rulemaking is covered by Categorical Exclusion A5 under 10 CFR
part 1021, subpart D, which applies to any rulemaking that interprets
or amends an existing rule without changing the environmental effect of
that rule. Accordingly, neither an environmental assessment nor an
environmental impact statement is required.
F. Review Under Executive Order 13132
Executive Order 13132, ``Federalism,'' 64 FR 43255 (Aug. 10, 1999),
imposes certain requirements on Federal agencies formulating and
implementing policies or regulations that preempt State law or that
have federalism implications. The Executive Order requires agencies to
examine the constitutional and statutory authority supporting any
action that would limit the policymaking discretion of the States and
to carefully assess the necessity for such actions. The Executive Order
also requires agencies to have an accountable process to ensure
meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.
On March 14, 2000, DOE published a statement of policy describing the
intergovernmental consultation process it will follow in the
development of such regulations. 65 FR 13735. EPCA governs and
prescribes Federal preemption of State regulations as to energy
conservation for the products that are the subject of this proposed
rule. States can petition DOE for exemption from such preemption to the
extent, and based on criteria, set forth in EPCA. (42 U.S.C. 6297) No
further action is required by Executive Order 13132.
G. Review Under Executive Order 12988
With respect to the review of existing regulations and the
promulgation of new regulations, section 3(a) of Executive Order 12988,
``Civil Justice Reform,'' imposes on Federal agencies the general duty
to adhere to the following requirements: (1) Eliminate drafting errors
and ambiguity, (2) write regulations to minimize litigation, and (3)
provide a clear legal standard for affected conduct rather than a
general standard and promote simplification and burden reduction. 61 FR
4729 (Feb. 7, 1996). Section 3(b) of Executive Order 12988 specifically
requires that Executive agencies make every reasonable effort to ensure
that the regulation: (1) Clearly specifies the preemptive effect, if
any, (2) clearly specifies any effect on existing Federal law or
regulation, (3) provides a clear legal standard for affected conduct
while promoting simplification and burden reduction, (4) specifies the
retroactive effect, if any, (5) adequately defines key terms, and (6)
addresses other important issues affecting clarity and general
draftsmanship under any guidelines issued by the Attorney General.
Section 3(c) of Executive Order 12988 requires Executive agencies to
review regulations in light of applicable standards in section 3(a) and
section 3(b) to determine whether they are met or it is unreasonable to
meet one or more of them. DOE has completed the required review and
determined that, to the extent permitted by law, this proposed rule
meets the relevant standards of Executive Order 12988.
H. Review Under the Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA'')
requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and Tribal governments and the
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531).
For a proposed regulatory action likely to result in a rule that may
cause the expenditure by State, local, and Tribal governments, in the
aggregate, or by the private sector of $100 million or more in any one
year (adjusted annually for inflation), section 202 of UMRA requires a
Federal agency to publish a written statement that estimates the
resulting costs, benefits, and other effects on the national economy.
(2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to
develop an effective process to permit timely input by elected officers
of State, local, and Tribal governments on a proposed ``significant
intergovernmental mandate,'' and requires an agency plan for giving
notice and opportunity for timely input to potentially affected small
governments before establishing any requirements that might
significantly or uniquely affect them. On March 18, 1997, DOE published
a statement of policy on its process for intergovernmental consultation
under UMRA (62 FR 12820) (also available at https://www.gc.doe.gov).
This proposed rule contains neither an intergovernmental mandate nor a
mandate that may result in the expenditure of $100 million or more in
any year, so these requirements under the Unfunded Mandates Reform Act
do not apply.
I. Review Under the Treasury and General Government Appropriations Act,
1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any rule that may affect family well-being.
This proposed rule would not have any impact on the autonomy or
integrity of the family as an institution. Accordingly, DOE has
concluded that it is not necessary to prepare a Family Policymaking
Assessment.
J. Review Under Executive Order 12630
The Department has determined, under Executive Order 12630,
``Governmental Actions and Interference with Constitutionally Protected
Property Rights,'' 53 FR 8859 (March 15, 1988), that this proposed rule
would not result in any takings that might require compensation under
the Fifth Amendment to the U.S. Constitution.
K. Review Under the Treasury and General Government Appropriations Act,
2001
Section 515 of the Treasury and General Government Appropriations
Act, 2001 (44 U.S.C. 3516, note) provides for Federal agencies to
review most disseminations of information to the public under
information quality
[[Page 49311]]
guidelines established by each agency pursuant to general guidelines
issued by OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22,
2002), and DOE's guidelines were published at 67 FR 62446 (Oct. 7,
2002). DOE has reviewed this proposed rule under the OMB and DOE
guidelines and has concluded that it is consistent with applicable
policies in those guidelines.
L. Review Under Executive Order 13211
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355
(May 22, 2001), requires Federal agencies to prepare and submit to OIRA
at OMB, a Statement of Energy Effects for any proposed significant
energy action. A ``significant energy action'' is defined as any action
by an agency that promulgates or is expected to lead to promulgation of
a final rule, and that (1) is a significant regulatory action under
Executive Order 12866, or any successor order; and (2) is likely to
have a significant adverse effect on the supply, distribution, or use
of energy, or (3) is designated by the Administrator of OIRA as a
significant energy action. For any proposed significant energy action,
the agency must give a detailed statement of any adverse effects on
energy supply, distribution, or use should the proposal be implemented,
and of reasonable alternatives to the action and their expected
benefits for energy supply, distribution, and use. This proposed rule,
which would establish product classes for residential clothes washers
and consumer clothes dryers with cycle times less than 30 minutes,
would not have a significant adverse effect on the supply,
distribution, or use of energy and, therefore, is not a significant
energy action. Accordingly, DOE has not prepared a Statement of Energy
Effects on this proposed rule.
VII. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this notice of
proposed rulemaking.
List of Subjects in 10 CFR Part 430
Administrative practice and procedure, Confidential business
information, Energy conservation, Household appliances, Imports,
Incorporation by reference, Intergovernmental relations, Small
businesses.
Signing Authority
This document of the Department of Energy was signed on July 16,
2020, by Daniel R. Simmons, Assistant Secretary for Energy Efficiency,
Energy Efficiency and Renewable Energy, pursuant to delegated authority
from the Secretary of Energy. That document with the original signature
and date is maintained by DOE. For administrative purposes only, and in
compliance with requirements of the Office of the Federal Register, the
undersigned DOE Federal Register Liaison Officer has been authorized to
sign and submit the document in electronic format for publication, as
an official document of the Department of Energy. This administrative
process in no way alters the legal effect of this document upon
publication in the Federal Register.
Signed in Washington, DC, on July 16, 2020.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
For the reasons set forth in the preamble, DOE proposes to amend
part 430 of chapter II, subchapter D, of title 10 of the Code of
Federal Regulations, as set forth below:
PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS
0
1. The authority citation for part 430 continues to read as follows:
Authority: 42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.
0
2. Section 430.32 is amended by revising paragraphs (g)(4) and (h)(3)
to read as follows:
Sec. 430.32 Energy and water conservation standards and their
compliance dates.
* * * * *
(g) * * *
(4)(i) Except as provided in paragraph (g)(4)(ii) of this section,
clothes washers manufactured on or after January 1, 2018, shall have an
Integrated Modified Energy Factor no less than, and an Integrated Water
Factor no greater than:
------------------------------------------------------------------------
Integrated
modified Integrated
Product class energy factor water factor
(cu.ft./kWh/ (gal/cycle/
cycle) cu.ft.)
------------------------------------------------------------------------
i. Top-loading, Compact (less than 1.6 1.15 12.0
ft3 capacity)..........................
ii. Top-loading, Standard (1.6 ft3 or 1.57 6.5
greater capacity)......................
iii. Front-loading, Compact (less than 1.13 8.3
1.6 ft3 capacity)......................
iv. Front-loading, Standard (1.6 ft3 or 1.84 4.7
greater capacity)......................
------------------------------------------------------------------------
(ii) Top-loading, standard clothes washers with an average cycle
time of less than 30 minutes and front-loading, standard clothes
washers with an average cycle time of less than 45 minutes are not
currently subject to energy or water conservation standards.
(h) * * *
(3)(i) Except as provided in paragraph (h)(3)(ii) of this section,
clothes dryers manufactured on or after January 1, 2015, shall have a
combined energy factor no less than:
------------------------------------------------------------------------
Combined
Product class energy factor
(lbs/kWh)
------------------------------------------------------------------------
i. Vented Electric, Standard (4.4 ft3 or greater 3.73
capacity)..............................................
ii. Vented Electric, Compact (120V) (less than 4.4 ft3 3.61
capacity)..............................................
iii. Vented Electric, Compact (240V) (less than 4.4 ft3 3.27
capacity)..............................................
iv. Vented Gas.......................................... 3.30
v. Ventless Electric, Compact (240V) (less than 4.4 ft3 2.55
capacity)..............................................
vi. Ventless Electric, Combination Washer-Dryer......... 2.08
------------------------------------------------------------------------
(ii) Vented, electric standard clothes dryers and vented gas
clothes dryers with a cycle time of less than 30 minutes, when tested
according to appendix D2 in subpart B of this part,
[[Page 49312]]
are not currently subject to energy conservation standards.
* * * * *
[FR Doc. 2020-15750 Filed 8-12-20; 8:45 am]
BILLING CODE 6450-01-P
