Energy Conservation Program: Test Procedure for Dehumidifiers, 48035-48055 [2023-14980]
Download as PDF
<![CDATA[
Federal Register / Vol. 88, No. 142 / Wednesday, July 26, 2023 / Rules and Regulations
funded by USDA (not all bases apply to
all programs). Remedies and complaint
filing deadlines vary by program or
incident.
Program information may be made
available in languages other than
English. Persons with disabilities who
require alternative means of
communication to obtain program
information (e.g., Braille, large print,
audiotape, American Sign Language)
should contact the responsible Mission
Area, agency, or staff office; the USDA
TARGET Center at (202) 720–2600
(voice and TTY); or the Federal Relay
Service at 711.
To file a program discrimination
complaint, a complainant should
complete a Form AD–3027, USDA
Program Discrimination Complaint
Form, which can be obtained online at
https://www.ascr.usda.gov/complaint_
filing_cust.html, from any USDA office,
by calling (866) 632–9992, or by writing
a letter addressed to USDA. The letter
must contain the complainant’s name,
address, telephone number, and a
written description of the alleged
discriminatory action in sufficient detail
to inform the Assistant Secretary for
Civil Rights (ASCR) about the nature
and date of an alleged civil rights
violation. The completed AD–3027 form
or letter must be submitted to USDA by:
(1) Mail: U.S. Department of
Agriculture, Office of the Assistant
Secretary for Civil Rights, 1400
Independence Avenue, Washington, DC
20250–9410; or
(2) Fax: (833) 256–1665 or (202) 690–
7442; or
(3) Email: Program.Intake@usda.gov.
Cathy Glover,
Acting Administrator, Rural Housing Service,
Rural Development, USDA.
[FR Doc. 2023–15759 Filed 7–25–23; 8:45 am]
BILLING CODE 3410–XV–P
DEPARTMENT OF ENERGY
10 CFR Part 430
[EERE–2019–BT–TP–0026]
RIN 1904–AE60
Energy Conservation Program: Test
Procedure for Dehumidifiers
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Final rule.
lotter on DSK11XQN23PROD with RULES1
AGENCY:
The U.S. Department of
Energy (‘‘DOE’’) is amending its test
procedure for dehumidifiers to reference
the current version of an applicable
SUMMARY:
VerDate Sep<11>2014
17:11 Jul 25, 2023
Jkt 259001
industry standard; change the rating test
period to be two hours; permit the use
of sampling trees in conjunction with an
aspirating psychrometer or relative
humidity sensor; and provide additional
specification for testing dehumidifiers
with network capabilities. This
rulemaking fulfills DOE’s obligation to
review its test procedures for covered
products at least once every seven years.
DATES: The effective date of this rule is
August 25, 2023. The amendments will
be mandatory for product testing
starting January 22, 2024.
The incorporation by reference of
certain material listed in this rule is
approved by the Director of the Federal
Register on August 25, 2023. The
incorporation by reference of certain
other materials listed in this rule were
approved by the Director of the Federal
Register as of April 6, 2012 and August
31, 2015.
ADDRESSES: The docket, which includes
Federal Register notices, public meeting
attendee lists and transcripts,
comments, and other supporting
documents/materials, is available for
review at www.regulations.gov. All
documents in the docket are listed in
the www.regulations.gov index.
However, not all documents listed in
the index may be publicly available,
such as those containing information
that is exempt from public disclosure.
A link to the docket web page can be
found at www.regulations.gov/docket/
EERE-2019-BT-TP-0026. The docket
web page contains instructions on how
to access all documents, including
public comments, in the docket.
For further information on how to
review the docket contact the Appliance
and Equipment Standards Program staff
at (202) 287–1445 or by email:
ApplianceStandardsQuestions@
ee.doe.gov.
FOR FURTHER INFORMATION CONTACT:
Dr. Carl Shapiro, U.S. Department of
Energy, Office of Energy Efficiency and
Renewable Energy, Building
Technologies Office, EE–5B, 1000
Independence Avenue SW, Washington,
DC 20585–0121. Telephone: (202) 287–
5649. Email: carl.shapiro@ee.doe.gov.
Mr. Peter Cochran, U.S. Department of
Energy, Office of the General Counsel,
GC–33, 1000 Independence Avenue SW,
Washington, DC 20585–0121.
Telephone: (202) 586–9496. Email:
Peter.Cochran@hq.doe.gov.
SUPPLEMENTARY INFORMATION: DOE
maintains previously approved
incorporations by reference and
incorporates by reference the following
industry standard into part 430:
AHAM Standard DH–1–2022, Energy
Measurement Test Procedure for
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
48035
Dehumidifiers, copyright 2022 (‘‘AHAM
DH–1–2022’’).
A copy of AHAM DH–1–2022 can be
obtained from the Association of Home
Appliance Manufacturers (‘‘AHAM’’),
1111 19th Street NW, Suite 402,
Washington, DC 20036, (202) 872–5955;
or www.aham.org.
For a further discussion of this
standard, see section IV.N of this
document.
Table of Contents
I. Authority and Background
A. Authority
B. Background
II. Synopsis of the Final Rule
III. Discussion
A. General Comments
B. Scope of Applicability
1. Dehumidifier Configuration Definitions
2. Non-Residential Dehumidifiers
3. Dehumidifiers With External Heat
Rejection
C. Test Procedure
1. Relevant Industry Standard
2. Updates to Industry Standards
3. Run-In and Pre-Stabilization Periods
4. Variable-Speed Dehumidifiers
5. Test Duration
6. Psychrometer Setup and Instrumentation
7. Whole-Home Dehumidifiers
8. Network Functions
9. Removal of Appendix X
D. Test Procedure Costs
1. Reduced Test Period
2. Sampling Tree
3. Other Amendments
E. Effective and Compliance Dates
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866
and 13563
B. Review Under the Regulatory Flexibility
Act
C. Review Under the Paperwork Reduction
Act of 1995
D. Review Under the National
Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates
Reform Act of 1995
H. Review Under the Treasury and General
Government Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under Treasury and General
Government Appropriations Act, 2001
K. Review Under Executive Order 13211
L. Review Under Section 32 of the Federal
Energy Administration Act of 1974
M. Congressional Notification
N. Description of Materials Incorporated by
Reference
V. Approval of the Office of the Secretary
I. Authority and Background
Dehumidifiers are included in the list
of ‘‘covered products’’ for which DOE is
authorized to establish and amend
energy conservation standards and test
procedures. (42 U.S.C. 6293(b)(13); 42
U.S.C. 6295(cc)) DOE’s energy
conservation standards and test
procedures for dehumidifiers are
E:\FR\FM\26JYR1.SGM
26JYR1
48036
Federal Register / Vol. 88, No. 142 / Wednesday, July 26, 2023 / Rules and Regulations
currently prescribed at 10 CFR
430.32(v); and 10 CFR part 430, subpart
B, appendix X (‘‘appendix X’’) and
appendix X1 (‘‘appendix X1’’),
respectively. The following sections
discuss DOE’s authority to establish test
procedures for dehumidifiers and
relevant background information
regarding DOE’s consideration of test
procedures for this product.
lotter on DSK11XQN23PROD with RULES1
A. Authority
The Energy Policy and Conservation
Act, Public Law 94–163, as amended
(‘‘EPCA’’),1 authorizes DOE to regulate
the energy efficiency of a number of
consumer products and certain
industrial equipment. (42 U.S.C. 6291–
6317) Title III, Part B of EPCA 2
established the Energy Conservation
Program for Consumer Products Other
Than Automobiles, which sets forth a
variety of provisions designed to
improve energy efficiency. These
products include dehumidifiers, the
subject of this document. (42 U.S.C.
6291(34); 42 U.S.C. 6293(b)(13); 42
U.S.C. 6295(cc))
The energy conservation program
under EPCA consists essentially of four
parts: (1) testing, (2) labeling, (3) Federal
energy conservation standards, and (4)
certification and enforcement
procedures. Relevant provisions of
EPCA specifically include definitions
(42 U.S.C. 6291), test procedures (42
U.S.C. 6293), labeling provisions (42
U.S.C. 6294), energy conservation
standards (42 U.S.C. 6295), and the
authority to require information and
reports from manufacturers (42 U.S.C.
6296).
The testing requirements consist of
test procedures that manufacturers of
covered products must use as the basis
for (1) certifying to DOE that their
products comply with the applicable
energy conservation standards adopted
under EPCA (42 U.S.C. 6295(s)), and (2)
making other representations about the
efficiency of those products (42 U.S.C.
6293(c)). Similarly, DOE must use these
test procedures to determine whether
the products comply with any relevant
standards promulgated under EPCA. (42
U.S.C. 6295(s))
Federal energy efficiency
requirements for covered products
established under EPCA generally
supersede State laws and regulations
concerning energy conservation testing,
labeling, and standards. (42 U.S.C. 6297)
1 All references to EPCA in this document refer
to the statute as amended through the Energy Act
of 2020, Public Law 116–260 (Dec. 27, 2020), which
reflect the last statutory amendments that impact
Parts A and A–1 of EPCA.
2 For editorial reasons, upon codification in the
U.S. Code, Part B was redesignated Part A.
VerDate Sep<11>2014
17:11 Jul 25, 2023
Jkt 259001
DOE may, however, grant waivers of
Federal preemption for particular State
laws or regulations, in accordance with
the procedures and other provisions of
EPCA. (42 U.S.C. 6297(d))
Under 42 U.S.C. 6293, EPCA sets forth
the criteria and procedures DOE must
follow when prescribing or amending
test procedures for covered products.
EPCA requires that any test procedures
prescribed or amended under this
section shall be reasonably designed to
produce test results which measure
energy efficiency, energy use, or
estimated annual operating cost of a
covered product during a representative
average use cycle (as determined by the
Secretary) or period of use and shall not
be unduly burdensome to conduct. (42
U.S.C. 6293(b)(3))
EPCA also requires that, at least once
every 7 years, DOE evaluate test
procedures for each type of covered
product, including dehumidifiers, to
determine whether amended test
procedures would more accurately or
fully comply with the requirements for
the test procedures to not be unduly
burdensome to conduct and be
reasonably designed to produce test
results that reflect energy efficiency,
energy use, and estimated operating
costs during a representative average
use cycle or period of use. (42 U.S.C.
6293(b)(1)(A))
If the Secretary determines, on her
own behalf or in response to a petition
by any interested person, that a test
procedure should be prescribed or
amended, the Secretary shall promptly
publish in the Federal Register
proposed test procedures and afford
interested persons an opportunity to
present oral and written data, views,
and arguments with respect to such
procedures. The comment period on a
proposed rule to amend a test procedure
shall be at least 60 days and may not
exceed 270 days. In prescribing or
amending a test procedure, the
Secretary shall take into account such
information as the Secretary determines
relevant to such procedure, including
technological developments relating to
energy use or energy efficiency of the
type (or class) of covered products
involved. (42 U.S.C. 6293(b)(2)) If DOE
determines that test procedure revisions
are not appropriate, DOE must publish
its determination not to amend the test
procedures. (42 U.S.C. 6293(b)(1)(A)(ii))
In addition, EPCA requires that DOE
amend its test procedures for all covered
products to integrate measures of
standby mode and off mode energy
consumption into the overall energy
efficiency, energy consumption, or other
energy descriptor, unless the current
test procedure already incorporates the
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
standby mode and off mode energy
consumption, or if such integration is
technically infeasible. (42 U.S.C.
6295(gg)(2)(A)) If an integrated test
procedure is technically infeasible, DOE
must prescribe separate standby mode
and off mode energy use test procedures
for the covered product, if a separate
test is technically feasible. Id. Any such
amendment must consider the most
current versions of the IEC 62301 3 and
IEC Standard 62087 4 as applicable. Id.
DOE is publishing this final rule in
satisfaction of the 7-year review
requirement specified in EPCA. (42
U.S.C. 6293(b)(1)(A))
B. Background
DOE last amended the test procedure
for dehumidifiers at appendix X on July
31, 2015 (‘‘July 2015 Final Rule’’), to
provide technical clarifications and
improve repeatability of the test
procedure. 80 FR 45801. The July 2015
Final Rule also established a new test
procedure for dehumidifiers at
appendix X1 that, among other things,
changed the test conditions for portable
dehumidifiers and established separate
provisions for testing whole-home
dehumidifiers. Id. Manufacturers were
not required to use appendix X1 until
the compliance date of a subsequent
amendment to the energy conservation
standards for dehumidifiers. On June
13, 2016, DOE published a final rule
establishing amended energy
conservation standards for
dehumidifiers, for which compliance,
and the use of appendix X1, was
required beginning June 13, 2019. 81 FR
38337.
On June 30, 2021, DOE published in
the Federal Register an early assessment
review request for information (‘‘June
2021 RFI’’) in which it sought data and
information regarding issues pertinent
to whether an amended test procedure
would more accurately or fully comply
with the requirement that the test
procedure produces results that measure
energy use during a representative
average use cycle for the product
without being unduly burdensome to
conduct. 86 FR 34640. DOE also
requested comments on specific topics
relevant to the proposed dehumidifier
test procedure, including updates to
industry test standards, variable-speed
dehumidifiers, psychrometer setup,
network functions, and ventilation air
for whole-home dehumidifiers. Id.
3 IEC 62301, Household electrical appliances—
Measurement of standby power (Edition 2.0, 2011–
01).
4 IEC 62087, Audio, video and related
equipment—Methods of measurement for power
consumption (Edition 1.0, Parts 1–6: 2015, Part 7:
2018).
E:\FR\FM\26JYR1.SGM
26JYR1
Federal Register / Vol. 88, No. 142 / Wednesday, July 26, 2023 / Rules and Regulations
On June 9, 2022, DOE published in
the Federal Register a notice of
proposed rulemaking (‘‘June 2022
NOPR’’) proposing to reference the
current version of an applicable
industry standard, allow the rating test
period to be two or six hours, permit the
use of a sampling tree in conjunction
with an aspirating psychrometer or
relative humidity sensor, and specify for
dehumidifiers with network capabilities
that all network functions must be
disabled throughout testing. DOE
requested comments from interested
48037
parties on the proposal. 87 FR 35286.
DOE held a public meeting related to
the June 2022 NOPR on July 12, 2022.
In response to the June 2022 NOPR,
DOE received comments from the
interested parties listed in Table II.1.
TABLE II.1—LIST OF COMMENTERS WITH WRITTEN SUBMISSIONS IN RESPONSE TO THE JUNE 2022 NOPR
Commenter(s)
Reference in this final rule
Anonymous ...............................................................................
Intertek Laboratories .................................................................
Aprilaire, a division of Research Products Corporation ...........
Madison Indoor Air Quality .......................................................
GE Appliances ..........................................................................
Association of Home Appliance Manufacturers ........................
Appliance Standards Awareness Project, American Council
for an Energy-Efficient Economy, Consumer Federation of
America, Natural Resources Defense Council, Northwest
Energy Efficiency Alliance.
Anonymous .............................
Intertek ....................................
Aprilaire ...................................
MIAQ .......................................
GEA ........................................
AHAM ......................................
Joint Commenters ...................
A parenthetical reference at the end of
a comment quotation or paraphrase
provides the location of the item in the
public record.5 To the extent that
interested parties have provided written
comments that are substantively
consistent with any oral comments
provided during the July 12, 2022
public meeting, DOE cites the written
comments throughout this final rule.
Any oral comments provided during the
webinar that are not substantively
addressed by written comments are
summarized and cited separately
throughout this final rule.
II. Synopsis of the Final Rule
In this final rule, DOE amends the test
procedures for dehumidifiers as follows:
(1) Incorporate by reference the most
recent version of the relevant industry
test procedure, AHAM DH–1–2022,
‘‘Energy Measurement Test Procedure
for Dehumidifiers’’;
(2) Amend the definitions at 10 CFR
430.2 for ‘‘portable dehumidifier’’ and
‘‘whole-home dehumidifier’’ to
reference the manufacturer instructions
available to a consumer as they relate to
the ducting configuration and
installation;
(3) Change the rating test period in
sections 4.1.1, 4.1.2, and 5.4 of
appendix X1 to 2 hours;
(4) Add a provision in section 3.1.1.2
of appendix X1 allowing for the use of
a sampling tree for all dehumidifier
tests; and
Comment No.
in the
Locket
12
13
14
15
16
17
18
Commenter type
Individual.
Test Laboratory.
Manufacturer.
Manufacturer.
Manufacturer.
Trade Association.
Efficiency Organizations.
(5) Add a requirement in section
3.1.2.4 of appendix X1 that
dehumidifiers be tested in accordance
with Section 5.5 of AHAM DH–1–2022,
including with the network functions in
the ‘‘off’’ position if it can be disabled
by the end-user; otherwise test in the
factory default setting.
(6) Remove appendix X and
references to appendix X at 10 CFR
430.3 and 10 CFR 430.23.
The adopted amendments are
summarized in Table II.1 compared to
the test procedure provision prior to the
amendment, as well as the reason for
the adopted change.
TABLE II.1—SUMMARY OF CHANGES IN THE AMENDED TEST PROCEDURE
DOE test procedure prior to the amendment
Amended test procedure
Incorporates by reference ANSI/AHAM DH–1–
2008.
Defines ‘‘portable dehumidifier’’ and ‘‘wholehome dehumidifier’’ based on design intent.
Incorporates by reference AHAM DH–1–2022
Updated industry test method.
Defines ‘‘portable dehumidifier’’ and ‘‘wholehome dehumidifier’’ by reference to the
manufacturer instructions and operational
capabilities.
Adds provision to allow for the use of a sampling tree for all tests.
Improve clarity of definitions to provide added
specificity to product definitions.
Specifies a test period of 2 hours for
dehumidification mode.
Adds a requirement to test dehumidifiers that
offer network functions with the network
functions in the ‘‘off’’ position if it can be
disabled by the end-user; otherwise test in
the factory default setting.
Removes appendix X .......................................
Reduce test burden while maintaining representativeness.
Ensure test procedure reproducibility.
lotter on DSK11XQN23PROD with RULES1
Does not allow for the use of a sampling tree
for a dehumidifier with a single process air
intake grille.
Specifies a test period of 6 hours for
dehumidification mode.
Does not explicitly address dehumidifiers with
network functions.
Subpart B contains appendix X and appendix
X1.
5 The parenthetical reference provides a reference
for information located in the docket of DOE’s
rulemaking to develop test procedures for
VerDate Sep<11>2014
17:11 Jul 25, 2023
Jkt 259001
dehumidifiers. (Docket No. EERE–2019–BT–TP–
0026, which is maintained at www.regulations.gov).
The references are arranged as follows: (commenter
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
Attribution
Improve test procedure repeatability and reproducibility.
Remove obsolete test procedure.
name, comment docket ID number, page of that
document).
E:\FR\FM\26JYR1.SGM
26JYR1
48038
Federal Register / Vol. 88, No. 142 / Wednesday, July 26, 2023 / Rules and Regulations
TABLE II.1—SUMMARY OF CHANGES IN THE AMENDED TEST PROCEDURE—Continued
DOE test procedure prior to the amendment
Amended test procedure
10 CFR 430.3 includes materials incorporated
by reference for appendix X.
10 CFR 430.23(z) specifies instructions for determining capacity and efficiency using appendix X or appendix X1.
Removes materials incorporated by reference
for appendix X.
Removes appendix X instructions at 10 CFR
430.23(z).
DOE has determined that the
amendments described in section III of
this document and adopted in this
document will not alter the measured
efficiency of dehumidifiers or require
retesting or recertification solely as a
result of DOE’s adoption of the
amendments to the test procedures.
Additionally, DOE has determined that
the amendments will not increase the
cost of testing. DOE’s actions are
addressed in detail in section III of this
document.
The effective date for the amended
test procedures adopted in this final
rule is 30 days after publication of this
document in the Federal Register.
Representations of energy use or energy
efficiency must be based on testing in
accordance with the amended test
procedures beginning 180 days after the
publication of this final rule.
III. Discussion
In the following sections, DOE
provides certain amendments to its test
procedures for dehumidifiers. For each
amendment, DOE provides relevant
background information and discusses
relevant public comments.
lotter on DSK11XQN23PROD with RULES1
A. General Comments
In response to the June 2022 NOPR,
DOE received the following general
comments regarding the proposed
changes to the test procedure.
According to an anonymous
commenter, the amended test procedure
should require the same level of rigor as
the current one. (Anonymous, No. 12 at
p. (1)
DOE has evaluated the changes to the
test procedure adopted in this
rulemaking and determined that they
will not adversely affect test procedure
representativeness or reproducibility
and will not be unduly burdensome to
conduct.
AHAM stated that the overlapping
comment periods for this test procedure
rulemaking and the preliminary
technical support document from the
dehumidifier energy conservation
standards rulemaking posed a challenge
to manufacturers seeking to evaluate
both documents. AHAM stated that DOE
should fully receive stakeholder
comments on the test procedure before
VerDate Sep<11>2014
17:11 Jul 25, 2023
Jkt 259001
proceeding with the energy
conservation standards rulemaking.
AHAM commented that the current
process diminishes the value of
stakeholder engagement early in the
process. (AHAM, No. 17 at pp. 4–5)
MIAQ supported the finalization of
changes to the test procedure before
undertaking a new standards
rulemaking. (MIAQ, No. 15 at p. 10)
Section 8(d)(1) of appendix A to 10
CFR part 430, subpart C (‘‘appendix A’’)
generally provides that new test
procedures and amended test
procedures that impact measured energy
use or efficiency will be finalized at
least 180 days prior to the close of the
comment period for a NOPR proposing
new or amended energy conservation
standards. DOE will continue to
conduct additional analyses based on
this finalized test procedure before
proposing any new energy conservation
standards, and stakeholders will be
provided an opportunity to comment on
any updated analysis as part of any
proposal published regarding new or
amended standards.
B. Scope of Applicability
EPCA defines a dehumidifier as a selfcontained, electrically operated, and
mechanically encased assembly
consisting of (1) a refrigerated surface
(evaporator) that condenses moisture
from the atmosphere; (2) a refrigerating
system, including an electric motor; (3)
an air-circulating fan; and (4) a means
for collecting or disposing of the
condensate. (42 U.S.C. 6291(34)) In the
July 2015 Final Rule, DOE codified a
regulatory definition of ‘‘dehumidifier’’
that clarified the definition by excluding
products that may provide condensate
removal or latent heat removal as a
secondary function. 80 FR 45801,
45805. DOE, therefore, adopted a
definition that explicitly excluded
portable air conditioners, room air
conditioners, and packaged terminal air
conditioners, because these are products
that may provide condensate removal or
latent heat removal as a secondary
function.
Consumer products meeting the
definition of ‘‘dehumidifier’’ as codified
at 10 CFR 430.2 are subject to DOE’s
regulations for testing, certifying, and
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
Attribution
Remove obsolete test procedure references.
Remove obsolete test procedure references.
complying with energy conservation
standards.
In the July 2015 Final Rule, DOE
established definitions for two groups of
dehumidifiers: ‘‘portable
dehumidifiers’’ and ‘‘whole-home
dehumidifiers.’’ 80 FR 45801, 45805. A
‘‘portable dehumidifier’’ is a
dehumidifier designed to operate within
the dehumidified space without ducting
(although means may be provided for
optional duct attachment). 10 CFR
430.2. A ‘‘whole-home dehumidifier’’ is
a dehumidifier designed to be installed
with ducting to deliver return process
air to its inlet and dehumidified process
air to one or more locations in the
dehumidified space. Id. The July 2015
Final Rule also established a definition
for ‘‘refrigerant-desiccant dehumidifier’’
to mean a whole-home dehumidifier
that removes moisture from the process
air by means of a desiccant material in
addition to a refrigeration system. Id.
1. Dehumidifier Configuration
Definitions
As stated, a whole-home dehumidifier
is designed to be installed with ducting
while a portable dehumidifier is
designed to operate without the
attachment of additional ducting,
although a means may be provided for
optional duct attachment [emphasis
added]. In the June 2022 NOPR, DOE
stated that the ‘‘designed to’’ wording in
these definitions may imply that DOE
makes subjective determinations about
how a dehumidifier is categorized,
which may lead to confusion. 87 FR
35286, 35291. DOE proposed to amend
the portable dehumidifier and wholehome dehumidifier definitions to
instead reference manufacturer
instructions available to a consumer as
they relate to the ducting configuration.
Id. Specifically, DOE proposed to define
a portable dehumidifier as a
dehumidifier that, in accordance with
any manufacturer instructions available
to a consumer, operates within the
dehumidified space without the
attachment of additional ducting,
although means may be provided for
optional duct attachment. Id. DOE
proposed to define a whole-home
dehumidifier as a dehumidifier that, in
accordance with any manufacturer
E:\FR\FM\26JYR1.SGM
26JYR1
lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 88, No. 142 / Wednesday, July 26, 2023 / Rules and Regulations
instructions available to a consumer,
operates with ducting to deliver return
process air to its inlet and to supply
dehumidified process air from its outlet
to one or more locations in the
dehumidified space. Id. DOE also
proposed not to delineate a definition
for ‘‘crawlspace dehumidifiers,’’ as
suggested by commenters, because of
concerns that such a definition would
not only reduce regulatory transparency
but also create challenges for
enforcement. Id.
The anonymous commenter
supported the use of clear product
categories for dehumidifiers and
specifically supported DOE’s decision
not to create a ‘‘crawlspace
dehumidifier’’ definition. The
commenter stated that new
dehumidifier definitions that do not
represent true differences between units
could lead to new retail price tiers,
which would negatively affect the
secondary market. (Anonymous, No. 12
at p. 1)
MIAQ proposed that DOE change the
configuration names from portable
dehumidifier and whole-home
dehumidifier to ‘‘ductless
dehumidifier’’ and ‘‘ducted
dehumidifier,’’ respectively. MIAQ
stated that these changes to the
definition would reduce market and
regulatory confusion and result in more
units being tested using the most
representative conditions. MIAQ
commented that its proposed ‘‘ductless’’
definition would eliminate confusion
around dehumidifiers intended for
crawlspace use, as these units meet the
DOE definition of a portable
dehumidifier because manufacturers
provide instructions for operation
without ducting, but industry
stakeholders consider the units to be
different from portable dehumidifiers
because they are often hung from joists
or placed in inaccessible areas. (MIAQ,
No. 15 at pp. 2–3)
DOE notes that the currently
applicable definition in 10 CFR 430.2,
as well as the definition proposed in the
June 2022 NOPR and finalized in this
final rule, for ‘‘portable dehumidifier’’
expressly states that such a
dehumidifier is designed to operate
within the dehumidified space without
ducting (although means may be
provided for optional duct attachment),
thereby providing as much clarity in
determining product classification on
the basis of duct configuration as would
MIAQ’s proposed term ‘‘ductless
dehumidifier.’’ Similarly, the definition
of ‘‘whole-home dehumidifier’’ states
that it is designed to be installed with
ducting (i.e., is a ‘‘ducted
dehumidifier’’). Further, the ‘‘portable’’
VerDate Sep<11>2014
17:11 Jul 25, 2023
Jkt 259001
and ‘‘whole-home’’ dehumidifier
categories are widely known and used
in industry and are the basis of the
current DOE energy conservation
standards. Additionally, the installation
circumstances of portable dehumidifiers
mounted between joists do not in
themselves necessitate a change in test
approach, as the portable dehumidifier
test conditions and test setup are
representative of typical conditions
encountered by dehumidifiers without
installed ducting. For these reasons,
DOE is maintaining the current
nomenclature of ‘‘whole-home’’ and
‘‘portable’’ dehumidifiers in this final
rule.
MIAQ also suggested that DOE
remove the words ‘‘to deliver return
process air to its inlet and’’ from the
whole-home dehumidifier definition
because whole-home dehumidifiers may
be installed such that they draw air from
a single space, such as a basement or
hallway, rather than from the heating,
ventilation, and air conditioning
(‘‘HVAC’’) return air supply. MIAQ said
that if DOE removed ‘‘to deliver return
process air to its inlet and’’ from the
whole-home dehumidifier definition, it
would suggest that some whole-home
dehumidifiers typically operate with
inlet air conditions of 65 degrees
Fahrenheit (‘‘°F’’) and 60 percent
relative humidity. (MIAQ, No. 15 at pp.
3–4)
DOE recognizes that whole-home
dehumidifiers may be installed in
various ducting configurations, as
specified by manufacturers. These
include installation with inlet ducting
connected to the HVAC supply, as well
as other sources of return air, (e.g.,
return air from a centrally located area
of the structure, as identified by MIAQ
in their comment), or other areas. DOE
notes that whole-home dehumidifier
configurations that include ducting from
either the HVAC return or from other
central locations in the dwelling both
meet the existing whole-home
dehumidifier definition, as these units
‘‘operate with ducting’’ to collect return
process air and supply dehumidified
process air from its outlet. As discussed
in the June 2015 Final Rule, DOE
considers an inlet air temperature of
73 °F, representing a whole-home
dehumidifier ducted to an HVAC return
air supply, to be the most representative
test configuration for whole-home
dehumidifiers. 80 FR 45802, 45811. In
this way, DOE’s whole-home
dehumidifier test procedure determines
performance in the most representative
configuration and with the most
representative test conditions.
Therefore, in this final rule, DOE is
making no further amendments to the
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
48039
whole-home dehumidifier definition
beyond those proposed in the June 2022
NOPR and discussed previously.
2. Non-Residential Dehumidifiers
In the June 2022 NOPR, DOE
responded to comments suggesting that
DOE clarify how the current
dehumidifier definitions apply to nonresidential dehumidifiers, such as
horticultural dehumidifiers. 87 FR
35286, 35291. With respect to
horticultural dehumidifiers and other
dehumidifiers marketed for nonresidential applications, DOE noted that
dehumidifiers are ‘‘consumer products.’’
Id. EPCA defines a ‘‘consumer product’’
as any article (other than an automobile,
as defined in section 32901(a)(3) of title
49) of a type (A) which in operation
consumes, or is designed to consume,
energy or, with respect to showerheads,
faucets, water closets, and urinals,
water; and (B) which, to any significant
extent, is distributed in commerce for
personal use or consumption by
individuals; without regard to whether
such article of such type is in fact
distributed in commerce for personal
use or consumption by an individual.
(42 U.S.C. 6291(1)) Accordingly, DOE
stated in the June 2022 NOPR that to the
extent that a dehumidifier model is of
a type distributed in commerce for
personal use or use by an individual, it
would be within the scope of the
dehumidifier test procedure, regardless
of how they are marketed and whether
they are distributed for personal or
individual use. 87 FR 35286, 35291.
MIAQ also commented that the use of
‘‘portable’’ in the ‘‘portable
dehumidifier’’ definition could lead to
confusion regarding the applicability of
appendix X1 to fire and flood
remediation dehumidifiers, which are
portable but not intended for consumer
use. Further, MIAQ stated that changing
the name of ‘‘whole-home
dehumidifiers’’ to ‘‘ducted
dehumidifiers’’ would clearly indicate
that this product category is intended to
be ducted dehumidifier whether that
unit is ducted into a home, apartment,
or light commercial space or any other
space units in the product category can
be found. (MIAQ, No. 15 at pp. 2–3)
In response to MIAQ, DOE reiterates
its discussion from the June 2022 NOPR
that with respect to dehumidifiers
marketed for non-residential
applications, such as horticultural, flood
and fire remediation, and light
commercial uses, to the extent that a
dehumidifier model is of a type that is,
to any significant extent, distributed in
commerce for personal use or use by an
individual, it would meet the definition
of ‘‘dehumidifier’’ and would be within
E:\FR\FM\26JYR1.SGM
26JYR1
48040
Federal Register / Vol. 88, No. 142 / Wednesday, July 26, 2023 / Rules and Regulations
lotter on DSK11XQN23PROD with RULES1
the scope of the dehumidifier test
procedure in accordance with the
definition of a consumer product in 42
U.S.C. 6291(1)(B), regardless of how it is
marketed and whether the model is
distributed for personal or individual
use. To the extent that dehumidifiers
marketed for non-residential
applications do not meet the definition
of consumer product, such as
dehumidifiers that are connected
exclusively to three-phase power that is
not present in U.S. households, they are
excluded from the DOE test procedure.
DOE has not received any information
from commenters about specific features
or designs that would differentiate
horticultural, fire and flood
remediation, or non-residential
dehumidifiers from those within the
scope of the DOE test procedure. DOE
has published guidance on making ‘‘of
a type’’ determinations at
www.energy.gov/gc/enforcementpolicies-and-statements, ‘‘Guidance
Concerning Consumer/Commercial
Distinction.’’ A manufacturer may
submit a petition to waive any test
procedure requirements if it believes
that its dehumidifier contains one or
more design characteristics that either
(1) prevent testing of the basic model
according to the prescribed test
procedure; or (2) cause the prescribed
test procedure to evaluate the
dehumidifier in a manner so
unrepresentative of its true energy and/
or water consumption characteristics as
to provide materially inaccurate
comparative data. 10 CFR 430.27(a). The
petition should suggest an alternative
method for testing the basic models
identified in the waiver. 10 CFR
430.27(b)(1)(iii).
3. Dehumidifiers With External Heat
Rejection
In the June 2022 NOPR, DOE
responded to a comment from MIAQ
suggesting that DOE consider a
definition that includes dehumidifiers
with external heat rejection, which
MIAQ described as units that provide
cool, dry air as an air conditioner does,
except that the focus is on obtaining the
proper level of dehumidification first,
and cooling is a by-product of the
process. 87 FR 35286, 35290. In
response, DOE explained that the
primary function of an air conditioner is
to provide cooling by removing both
sensible and latent heat, whereas a
dehumidifier is intended to remove only
latent heat. Id. Accordingly, portable air
conditioners, room air conditioners, and
packaged terminal air conditioners are
explicitly excluded in the existing
definition of ‘‘dehumidifier.’’ These
explicit exclusions include the unitary
VerDate Sep<11>2014
17:11 Jul 25, 2023
Jkt 259001
air conditioning products of concern to
MIAQ. Id. Any other non-dehumidifier
product on the market that would meet
the definition of ‘‘dehumidifier’’ is
already explicitly excluded. Id.
Accordingly, DOE tentatively
determined that the explicit exclusions
in the regulatory definition of
dehumidifier already address MIAQ’s
concern and therefore did not propose
to add any such exclusions to the
dehumidifier definition. Id.
In response to the June 2022 NOPR,
MIAQ recommended that DOE revise
the dehumidifier definition by replacing
the wording ‘‘that is self-contained’’
with ‘‘that is predominately intended to
remove latent heat.’’ MIAQ commented
that this change would acknowledge
that there are dehumidifiers that include
external heat rejection with an outdoor
condenser and that these products
provide cooling but, because their
primary purpose is dehumidification,
they should be considered
dehumidifiers. MIAQ asserted that
adding this phrase to the dehumidifier
definition would clarify that units with
a primary function of dehumidification
should be certified as dehumidifiers.
(MIAQ, No. 15 at p. 2)
Following a review of the market,
DOE is not aware of any residential
dehumidifiers on the market that are not
self-contained. With respect to latent
heat removal, DOE reiterates its
discussion from the June 2022 NOPR
that the primary function of an air
conditioner is to provide cooling by
removing both sensible and latent heat,
whereas a dehumidifier is intended to
remove only latent heat. 87 FR 35286,
35290. The dehumidifier definition
explicitly excludes portable air
conditioners, room air conditioners, and
packaged terminal air conditioners to
ensure that other non-dehumidifier
products on the market that would meet
the definition of ‘‘dehumidifier’’ but
primarily provide cooling, do not meet
the definition. These explicit exclusions
limit the dehumidifier definition to
units that primarily remove latent heat,
instead of both sensible and latent heat.
Accordingly, DOE has determined that
the explicit exclusions in the regulatory
definition of dehumidifier found in 10
CFR 430.2 already address MIAQ’s
concern. Therefore, DOE is not adding
exclusions to the dehumidifier
definition in this final rule.
C. Test Procedure
Dehumidifiers are currently tested in
accordance with appendix X1, which
adopts certain text provisions from
ANSI/AHAM DH–1–2008, with
modification. In part, the DOE test
procedure specifies a different dry-bulb
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
temperature (65 °F for portable
dehumidifiers and 73 °F for whole-home
dehumidifiers) than ANSI/AHAM DH–
1–2008, while still maintaining the
relative humidity specified by ANSI/
AHAM DH–1–2008, and specifies
provisions for inactive, off-cycle, and off
mode testing. See sections 4.1.1 and 3.2
of appendix X1. Appendix X1 also
includes instructions regarding
instrumentation, condensate collection,
control settings, setup, and ducting for
whole-home dehumidifiers. See sections
3.1.2.2; 3.1.1.4; 3.1.1.5; 3.1.1.1; and 3.1.3
of appendix X1.
Under the current test procedure, a
unit’s capacity is the volume of water,
in pints, the unit removes from the
ambient air per day, normalized to a
standard ambient temperature and
relative humidity. See section 2.14 of
appendix X1. The integrated energy
factor (‘‘IEF’’), representing the
efficiency of the unit expressed in liters
per kilowatt-hour, is the ratio between
the capacity and the combined amount
of energy consumed by the unit in
dehumidification mode and standby
and/or off mode(s), adjusted for the
representative number of hours per year
spent in each mode. See section 5.4 of
appendix X1.
1. Relevant Industry Standard
Intertek recommended that the DOE
test procedure reference ANSI/
American Society of Heating,
Refrigerating and Air-Conditioning
Engineers (‘‘ASHRAE’’) 37 rather than
ANSI/AMCA 210, as Intertek believes
that ANSI/ASHRAE 37 is more
appropriate and accurate for
dehumidifiers. (Intertek, No. 13 at p. 1)
DOE has reviewed ANSI/ASHRAE
37–2009 (reaffirmed in 2019) and found
it to be largely consistent with the
requirements from ANSI/AMCA 210,
used in appendix X1. DOE was not able
to identify provisions in ANSI/ASHRAE
37 that would improve the
representativeness or reproducibility of
the whole-home dehumidifier test
procedure, and Intertek did not identify
which provisions in ANSI/ASHRAE 37
are more appropriate for the test
procedure. Without additional
information and given the overall
general consistency between the two
standards, DOE is maintaining ANSI/
AMCA 210 as the test standard
referenced in appendix X1 for wholehome dehumidifiers.
2. Updates to Industry Standards
As discussed, the dehumidifier test
procedure at appendix X1 references
ANSI/AHAM DH–1–2008, an industry
test procedure for dehumidifiers, with
modification. While ANSI/AHAM DH–
E:\FR\FM\26JYR1.SGM
26JYR1
lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 88, No. 142 / Wednesday, July 26, 2023 / Rules and Regulations
1–2008 provides instructions for testing
portable dehumidifiers, appendix X1
also references ANSI/AHAM DH–1–
2008 when specifying test setup and
instrumentation requirements for
whole-home dehumidifiers. In 2017,
AHAM published a revision to AHAM
DH–1, (i.e., AHAM DH–1–2017), which
established provisions for testing
dehumidifier energy use in off-cycle,
inactive, and off modes, and for
including energy consumption in those
modes in efficiency calculations. AHAM
DH–1–2017 also added guidance for
instrumentation setup, multiple airintakes, and control settings; lowered air
temperature; and tightened tolerances.
Specifically, AHAM DH–1–2017
lowered the standard dry-bulb
temperature condition for dehumidifiers
from 80 °F (as in ANSI/AHAM DH–1–
2008) to 65 °F (with the required wetbulb temperature changing accordingly
to maintain the same relative humidity)
and tightened the maximum allowed
variation for dry-bulb and wet-bulb
temperature readings from 2.0 °F to 1.0
°F and from 1.0 °F to 0.5 °F,
respectively. In the June 2022 NOPR,
DOE requested comment on the
proposal to incorporate AHAM DH–1–
2017 by reference.
DOE also noted in the June 2022
NOPR that the AHAM DH–1 task force
had released a publicly available draft
version of the updated standard, AHAM
DH–1–2022, on March 30, 2022, but had
not yet finalized the standard. DOE had
reviewed the changes to AHAM DH–1–
2017 made in the draft and either
proposed to adopt the changes or raised
them for comment in the NOPR. DOE
also stated that if AHAM DH–1–2022
was finalized during the course of this
rulemaking, DOE would consider
adopting that updated version in the
final rule to the extent it is consistent
with the discussions presented in the
NOPR. 87 FR 35286, 35292 (See also
Public Meeting Transcript, No. 11 at pp.
8–10).
MIAQ supported DOE’s proposal to
incorporate AHAM DH–1–2017 by
reference. (MIAQ, No. 15 at p. 4)
AHAM recommended that DOE adopt
a more recently updated version of
AHAM DH–1, (i.e., AHAM DH–1–2022),
resulting from cooperation between
AHAM, DOE, and efficiency advocates.
AHAM noted that AHAM DH–1–2022
addresses many of the issues that DOE
raised in the June 2022 NOPR and is
consistent with EPCA’s requirements
that an amended test procedure be
reasonably designed to produce test
results that represent an average period
of use and not unduly burdensome to
conduct. (AHAM, No. 17 at pp. 1–2)
VerDate Sep<11>2014
17:11 Jul 25, 2023
Jkt 259001
AHAM DH–1–2022 was finalized and
published on December 12, 2022. DOE
has reviewed AHAM DH–1–2022 and
found it is reasonably designed to
produce test results that represent an
average period of use and not unduly
burdensome to conduct, and is therefore
incorporating by reference this version
of the industry standard with the
following exceptions: the test duration,
as discussed in section III.C.5 of this
document; the sampling tree
requirements in section 8.4 of the
standard, as discussed in section III.C.6
of this document; and the run-in period
and pre-stabilization period
requirements in sections 5.6 and 5.7 of
the standard, discussed in the section
that follows. DOE further found that the
provisions it is adopting in this final
rule are consistent with the 2017 edition
of the standard and the discussions
presented in the June 2022 NOPR. of
these exceptions and DOE’s
amendments to the AHAM DH–1–2022
approach that are adopted in this final
rule are discussed below in the relevant
sections.
3. Run-In and Pre-Stabilization Periods
Section 3.1.1.6 of the current
appendix X1 requires a run-in period,
during which the compressor operates
for a cumulative total of at least 24
hours prior to dehumidification mode
testing, consistent with ANSI/AHAM
DH–1–2008 and AHAM DH–1–2017.
AHAM DH–1–2022 adds new
requirements for the run-in period in
section 5.6 of the standard, namely that
the dehumidifier shall not be exposed to
temperatures less than 62 °F during the
run-in period, and that after the run-in
period, the unit must be inactive for 4
hours before the beginning of the prestabilization period; a pre-stabilization
period was also newly introduced in
AHAM DH–1–2022. The new prestabilization period, discussed in
section 5.7 of AHAM DH–1–2022, takes
place between the time a unit is turned
on in the test chamber and the start of
the 30-minute stabilization period.
AHAM DH–1–2022 also specifies that
the dehumidifier must not be exposed to
temperatures less than 62 °F during the
pre-stabilization period.
While not explicitly discussed in
AHAM DH–1–2022, it is DOE’s
understanding through participation in
the process to develop AHAM DH–1–
2022 that these new provisions in
AHAM DH–1–2022 are intended to
ensure that there is no frost build-up on
the evaporator coils prior to testing,
which could directly reduce
performance during the test or result in
periods of defrost during which a test
unit may shut off the compressor,
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
48041
resulting in further reduction in
measured efficiency and performance.
DOE has evaluated the additional test
burden that would be associated with
the new provisions in AHAM DH–1–
2022. These new requirements in
AHAM DH–1–2022 would increase the
total time required to test a
dehumidifier by 4 hours compared to
the current testing time of
approximately 30 hours. Furthermore,
ensuring that the ambient temperature
remains above 62 °F during the run-in
period and pre-stabilization period
could require that the run-in period be
conducted in a different location in the
laboratory that has better temperature
controls and monitoring rather than the
current locations within the test
laboratory where they may be currently
performed.
DOE has conducted an evaluation to
determine whether the new
requirements in AHAM DH–1–2022
would satisfy the EPCA criteria that test
procedures produce test results that
measure energy efficiency, energy use,
or estimated annual operating cost of a
covered product during a representative
average use cycle or period of use,
without being unduly burdensome to
conduct. (42 U.S.C. 6293(b)(3))
Specifically, DOE reviewed testing that
was conducted in support of this
rulemaking to determine whether the
addition of the pre-stabilization period
and the temperature requirement for the
run-in period would improve the
representativeness of test results. DOE’s
review of its test data indicates that the
30-minute stabilization period
conducted in the chamber at the test
temperature of 65 °F, during which all
conditions are maintained and the test
unit operates in a stable manner, is
sufficient to produce test results that
measure the energy use of a
dehumidifier during a representative
average use cycle or period of use, as
none of the dehumidifiers tested entered
defrost operation at any time during the
test. Because DOE does not expect frost
to develop during testing that would
necessitate a defrost operation, the
additional test time and test
requirements would not change the
performance measured by the test
procedure. Furthermore, as discussed in
section III.C.5 of this document, DOE
considers defrost operation in
dehumidifiers to be uncharacteristic of
typical dehumidifier operation at the 65
°F test condition. Based on this
evaluation, DOE has determined that the
new requirements in AHAM DH–1–
2022 would not provide an
improvement in representativeness
commensurate with the additional test
burden that would be imposed, and
E:\FR\FM\26JYR1.SGM
26JYR1
48042
Federal Register / Vol. 88, No. 142 / Wednesday, July 26, 2023 / Rules and Regulations
therefore would be unduly burdensome.
As the new AHAM DH–1–2022 run-in
and pre-stabilization requirements do
not conflict with the current appendix
X1 requirements, manufacturers may
choose to test units in accordance with
the AHAM DH–1–2022 run-in and prestabilization requirements and still
comply with the DOE test procedure.
Therefore, DOE is maintaining the
current appendix X1 run-in period
requirements in this final rule.
lotter on DSK11XQN23PROD with RULES1
4. Variable-Speed Dehumidifiers
a. Variable-Speed Compressors
Some dehumidifiers available on the
U.S. market incorporate variable-speed
compressors (i.e., ‘‘variable-speed
dehumidifiers’’). A variable-speed
compressor can operate at a variety of
speeds rather than just the single speed
achievable by conventional
compressors. A single-speed compressor
cycles on and off during operation,
which can introduce inefficiencies in
performance often referred to as
‘‘cycling losses,’’ whereas a variablespeed compressor is able to adjust its
speed up or down during operation,
thereby reducing or eliminating cycling
losses. Variable-speed dehumidifiers
may avoid condensate re-evaporation
into the ambient room air, which can
occur when a dehumidifier cycles off its
compressor but not its fan during offcycle mode. The current test procedure
in appendix X1 does not capture any
‘‘cycling losses’’ for single-speed
dehumidifiers (nor, conversely, does it
capture the avoidance of such losses for
variable-speed dehumidifiers) because
the test unit operates at full capacity
throughout the test.
In the June 2022 NOPR, DOE
evaluated whether the avoidance of
‘‘cycling losses’’ for variable-speed
dehumidifiers provides significant
energy savings that should be captured
by the test procedure, as in the case of
room air conditioners and portable air
conditioners. Based on DOE’s
evaluation, and consistent with the
points raised by commenters, DOE
tentatively determined in the June 2022
NOPR that variable-speed dehumidifiers
may not be able to achieve significant
efficiency gains over single-speed units,
given that dehumidifiers must maintain
evaporator temperatures below the dew
point to efficiently remove water from
the air. 87 FR 35286, 35293. DOE noted,
however, that there could be some
efficiency gains if the variable-speed
compressor is inherently more efficient.
DOE requested information and data
regarding any efficiency and
performance benefits associated with
variable-speed dehumidifiers, both
VerDate Sep<11>2014
17:11 Jul 25, 2023
Jkt 259001
generally and relative to those with
single-speed dehumidifiers. Id.
DOE did not receive additional
information and data regarding any
efficiency and performance benefits
associated with variable-speed
dehumidifiers and therefore is not
adopting additional test procedure
provisions to address their operation.
b. Multiple Test Conditions
The current test procedure specified
in appendix X1 requires one test
condition for each category of
dehumidifier: a dry-bulb temperature of
65 °F for portable dehumidifiers and
73 °F for whole-home dehumidifiers.
See section 4.1.1 of appendix X1.
In the June 2022 NOPR, in response
to comments submitted by interested
parties, DOE considered expanding the
portable dehumidifier test to three test
conditions. 87 FR 35286, 35296–35297.
DOE discussed its findings through
investigative testing that a threetemperature-condition approach
resulted in no substantive improvement
in representativeness compared to the
current test procedure that uses a single
temperature condition. Id. Accordingly,
DOE tentatively determined that the
increase in test burden associated with
requiring multiple test conditions
would not be justified, and DOE did not
propose any new test conditions in the
June 2022 NOPR. Id.
Aprilaire supported maintaining a
single-temperature-condition test
procedure for each dehumidifier
configuration. Aprilaire stated that
additional test conditions would result
in unwarranted test burden in the form
of lengthened product design cycles and
added quality control costs. (Aprilaire,
No. 14 at p. 1)
MIAQ stated that a three-temperaturecondition test would be more
representative of the average period of
use for a dehumidifier and supported
expanding the number of test conditions
required. MIAQ noted that
dehumidifiers can have a variety of inlet
process air conditions depending on
their installation configuration or
placement within a home. MIAQ stated
that more test conditions would provide
additional information to consumers
and industry stakeholders while not
constituting an unnecessary test burden.
(MIAQ, No. 15 at pp. 4–5)
As discussed in the June 2022 NOPR,
while dehumidifiers may encounter
temperatures between 55 °F and 80 °F
depending on their installation and
operating conditions, DOE’s
investigative testing showed that when
additional test conditions were added
and performance at these test conditions
was weighted based on the operating
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
hours DOE expected at each test
condition, the resulting efficiency
corresponded very closely to the
measured efficiency at 65 °F using the
existing test procedure. 87 FR 35286,
35296–35297. This result suggests that
the current single test condition already
produces a measure of efficiency that is
representative of dehumidifier
performance across the range of
temperature conditions it may
encounter. Therefore, DOE maintains its
conclusion that the weighted-average
performance based on additional test
conditions is not substantively different
than the performance represented by the
current single-temperature-condition
test procedure. Accordingly, DOE has
determined that the additional test
burden that would be associated with a
three-temperature-condition test would
be unduly burdensome. Therefore, in
this final rule, DOE is maintaining the
existing single-temperature-condition
test approach in appendix X1.
c. Load-Based Test
Under the current test procedure,
temperature and humidity conditions
are held constant throughout the test
(i.e., a steady-state test). As such, the
test unit operates at full capacity
throughout the duration of the test.
In the July 2015 Final Rule, DOE
considered a load-based test for
dehumidifiers, which would capture
cycling behavior in dehumidifiers with
single-speed compressors or compressor
speed modulation for variable-speed
dehumidifiers. The load-based test
would involve adding moisture to the
test chamber at a fixed rate and allowing
the control system of the dehumidifier
to respond to changing moisture levels
in the room. 80 FR 45801, 45809. DOE
determined not to adopt a load-based
test for the dehumidifier test procedure
in the July 2015 Final Rule, due to
concerns about the potential increase in
test burden. Id. at 80 FR 45810.
In the June 2022 NOPR, DOE
presented the results of investigative
testing using a load-based approach. 87
FR 35286, 35298–35299. The testing did
not show that variable-speed
dehumidifiers were more efficient than
single-speed dehumidifiers. This
finding corresponded with the
evaluation discussed above that
variable-speed dehumidifiers do not
have any unique efficiency benefits over
single-speed dehumidifiers. In the June
2022 NOPR, DOE tentatively concluded
that load-based testing was not
appropriate for appendix X1 because the
increases in test burden were not
justified by improvements in test
representativeness. Id.
E:\FR\FM\26JYR1.SGM
26JYR1
lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 88, No. 142 / Wednesday, July 26, 2023 / Rules and Regulations
Aprilaire agreed that load-based
testing should not be implemented in
appendix X1 due to novel testing
challenges associated with load-based
testing. Aprilaire stated that overcoming
these challenges would represent a
significant test burden and could limit
competition because smaller
manufacturers may not be able to
conduct load-based testing. (Aprilaire,
No. 14 at pp. 1–2)
MIAQ stated that it does not produce
dehumidifiers with variable-speed
dehumidifiers. MIAQ commented that
the most efficient way to operate a
dehumidifier is to operate at full
capacity and that reductions in
dehumidification capacity due to
variable-speed operation are hard for
users to perceive and have little effect
on mold or mildew control. Because
variable-speed dehumidifiers offer little
consumer benefit, MIAQ stated that
load-based testing would constitute an
unnecessary test burden. (MIAQ, No. 15
at pp. 5–6)
The anonymous commenter
supported load-based testing.
(Anonymous, No. 12 at p. 1)
The Joint Commenters encouraged
DOE to continue investigating loadbased testing for dehumidifiers. While
DOE did not find that load-based testing
captured any unique efficiency of
variable-speed dehumidifiers, the Joint
Commenters noted that the discrepancy
between the performance of the singlespeed and variable-speed units under
load-based testing suggests that the
current DOE test procedure may
overestimate the real-world efficiency of
variable-speed units. (Joint Commenters,
No. 18 at pp. 1–2; Appliance Standards
Awareness Project, Public Meeting
Transcript, No. 11 at pp. 25–26)
DOE’s testing showed that as the
moisture load (i.e., the rate at which
moisture was introduced to the test
room) decreased below the full-load
dehumidification capacity of the
dehumidifiers tested, the efficiency of
both the single-speed and variablespeed dehumidifiers decreased. As the
load decreased, the efficiency of the
variable-speed dehumidifier decreased
by a greater amount than for the singlespeed dehumidifier, contrary to any
initial expectation that the variablespeed dehumidifier would operate more
efficiently than the single-speed
dehumidifier at reduced loads. 87 FR
35286, 35299. This result confirmed
DOE’s understanding that variablespeed dehumidifiers do not offer
efficiency benefits relative to singlespeed dehumidifiers. However, the
finding that the variable-speed
dehumidifier performed less efficiently
than the single-speed dehumidifier at
VerDate Sep<11>2014
17:11 Jul 25, 2023
Jkt 259001
the same conditions was unexpected,
given DOE’s understanding that
variable-speed and single-speed
dehumidifiers typically operate in the
same manner in real-world conditions
(i.e., cycling the compressor on and off
to maintain the relative humidity
setpoint). This result from testing a
single variable-speed and single-speed
dehumidifier suggests that future
investigation may be warranted to better
understand any differences between
variable-speed and single-speed
dehumidifier performance at such time
that additional variable-speed
dehumidifiers are available for testing.
AHAM requested that DOE provide
test data from load-based testing on the
record, along with details of the loadbased test procedure used. Specifically,
AHAM requested data regarding the test
conditions (dry-bulb temperature, etc.),
general information about test setup
including dehumidifier set point, use of
manufacturer settings, type of test room,
rate of moisture load change, method of
moisture load control and monitoring,
and whether DOE conducted a
repeatability assessment. (AHAM, No.
17 at p. 4)
In response to AHAM’s request, DOE
describes its investigative load-based
testing process. DOE conducted the
investigative load-based testing for this
rulemaking with the test chamber at the
appendix X1 portable dehumidifier test
conditions—65 °F dry-bulb and 56.6 °F
wet-bulb. The dehumidifiers were set
using user controls to maintain a 60percent relative humidity in the room.
The testing was conducted in a
calorimeter chamber in order to achieve
the precise level of moisture control
necessary to conduct load-based testing,
because as discussed in the June 2022
NOPR, psychrometer chambers lack the
equipment and controls necessary to
maintain a given moisture load (see 87
FR 35286, 35297). DOE did not conduct
tests with a dynamically variable
moisture load, but instead collected
performance data with the moisture
introduction rate held fixed at
percentages of the full-load
dehumidification capacity of each tested
unit. The testing was conducted in a
calorimeter chamber in order to achieve
the precise level of moisture control
necessary to conduct load-based testing.
DOE tested two dehumidifiers with
comparable capacities from the same
manufacturer, one with a variable-speed
compressor and one with a single-speed
compressor. This investigative testing
effort included testing each unit once at
each of the four tested moisture load
conditions (100 percent, 75 percent, 50
percent, and 25 percent of the full-load
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
48043
dehumidification capacity for the unit
under test). 87 FR 35286, 35298.
Based on DOE’s finding discussed in
the June 2022 NOPR that load-based
testing does not improve the
representativeness of the dehumidifier
test procedure, concerns about the
potential significant increase in test
burden, and in the absence of any
additional data from commenters
showing the viability of load-based
testing, DOE is not prescribing a loadbased test in appendix X1 in this final
rule.
5. Test Duration
Appendix X1 requires a test duration
of 6 hours for the dehumidification
mode test, after a 30-minute
stabilization period. See section 5.4 of
appendix X1. In the June 2022 NOPR,
DOE discussed that DOE and AHAM’s
DH–1 working group identified an
opportunity to reduce this test duration,
thereby reducing test burden. 87 FR
35286, 35299–35300. To identify a
potential shorter test duration that could
be considered, DOE conducted
investigative testing on 13 portable
dehumidifiers of varying capacities, one
of which was variable-speed, at the
65 °F dry-bulb temperature, in
accordance with appendix X1. DOE
used the gravity drain condensate
collection approach in appendix X1 and
recorded the weight of the condensate
collected every 30 seconds. See section
3.1.1.4 of the current appendix X1. DOE
was, therefore, able to calculate energy
consumption and collected condensate
at any of the 30-second intervals
throughout the 6-hour test and did so at
each hour of testing.
The results of DOE’s testing indicated
that capacity and efficiency vary only
slightly from the 6-hour test results
when using shorter test durations. This
investigative testing suggested that a 6hour dehumidification mode test
duration for portable dehumidifiers may
be unnecessary, as the data showed
there is minimal difference in measured
efficiency between the 2-hour and 6hour test durations. DOE tentatively
determined that a 2-hour test duration is
appropriate for both whole-home
dehumidifiers and portable
dehumidifiers and would provide
representative results with minimized
test burden. DOE also recognized,
however, that removing the requirement
for a 6-hour test duration would require
recertification for units previously
certified under a test duration of 6
hours. Therefore, in the June 2022
NOPR, DOE proposed a
dehumidification mode test duration of
either 2 or 6 hours for both portable and
whole-home dehumidifiers. 87 FR
E:\FR\FM\26JYR1.SGM
26JYR1
lotter on DSK11XQN23PROD with RULES1
48044
Federal Register / Vol. 88, No. 142 / Wednesday, July 26, 2023 / Rules and Regulations
35286, 35299–35300. DOE notes that
AHAM DH–1–2022 contains the same
provision specifying either a 2-hour or
6-hour test.
Aprilaire supported DOE’s proposal to
add a 2-hour test option and stated that
based on its testing experience, results
for both portable and whole-home
dehumidifiers at this shorter test
duration would not vary significantly.
(Aprilaire, No. 14 at p. 2)
MIAQ stated that the variation in
power use and condensate collected
over the course of tests on two units
running for 2, 3, 4, 5, and 6 hours was
under 4 percent for all test durations.
MIAQ noted that neither unit entered a
defrost cycle during this testing and
stated that a 4-hour or 6-hour test would
be more appropriate for a unit that
enters a defrost cycle. MIAQ stated that
reducing the required test time to 2
hours would represent a reduction in
test burden, mainly in the form of saved
technician hours. The reduced test
burden could allow 2–3 times more tests
to be conducted per day for the same
cost. (MIAQ, No. 15 at pp. 6, 9)
AHAM stated that a 2-hour test
duration would result in a loss of test
repeatability and reproducibility for
dehumidifiers that enter defrost during
the test. AHAM noted that defrost cycles
are within typical use conditions and
should be considered in the DOE test
procedure. AHAM commented that in a
2-hour test, a defrost cycle could
account for 30 minutes of the 2-hour
test, or 25 percent of the total test time;
whereas, in a 6-hour test, this 30-minute
cycle would only account for 8 percent
of the test time, resulting in a higher
efficiency rating more representative of
the actual percentage of time spent by
dehumidifiers in defrost cycles in the
field. AHAM generally favored test
procedure amendments that decrease
test burden but commented that in this
case, the 2-hour test period is more
likely to cause a failed test or force
manufacturers to conservatively rate
their products to avoid false findings of
noncompliance. AHAM asked whether
DOE would conduct enforcement testing
using the test duration used in the
certification test or whether the
verification laboratory would be able to
choose the duration used. Because of
the potential impacts on measured
efficiency, AHAM stated that if DOE
proceeds with the proposed 2-hour test
duration, DOE should require
compliance with the revised test
procedure when the amended energy
conservation standards next come into
effect. (AHAM, No. 17 at p. 3)
GEA presented data detailing the
performance of how a dehumidifier
entering defrost mode impacts the
VerDate Sep<11>2014
17:11 Jul 25, 2023
Jkt 259001
measured efficiency over a number of
test durations, with lower impacts
associated with longer test durations.
GEA’s data showed a decrease in
variance in efficiency results of
approximately 5 percent in a 2-hour test
down to approximately 2 percent in a 6hour test. According to GEA, these data
show that a 2-hour test option would
have an unacceptable amount of
variance due to the impact of defrost
cycles. GEA supported AHAM’s
position that the test procedure should
include only a 6-hour test option, which
would reduce these impacts to an
appropriate level. (GEA, No. 16 at p. 1)
DOE recognizes that 30 minutes of
defrost activity within a 2-hour test
would be likely to impact the final
measured efficiency, given that 30
minutes would represent a significant
portion of a 2-hour test period.
However, DOE notes that the defrost
operation shown in GEA’s data appears
to occur roughly 5 hours and 30 minutes
into the test duration, suggesting that
the defrost operation would not affect
the result of a 2-hour test for this GEA
unit. Additionally, based on extensive
testing in support of this rulemaking,
DOE has not observed defrost behavior
in any models at the appendix X1 test
conditions. Specifically, none of the 13
units that DOE tested in support of this
rulemaking entered defrost operation at
any point during the test. Based on
these observations, DOE concludes that
defrost operation is uncharacteristic of
dehumidifier operation while
conducting the appendix X1 test
procedure. While the data provided by
GEA does show a unit entering defrost
operation, it is unclear which model
was tested, which test procedure was
performed, and whether the model that
was tested is currently on the market
and certified to the currently applicable
appendix X1. As discussed above, no
units in DOE’s sample of dehumidifiers,
containing models representative of
products on the market certified using
the currently applicable appendix X1,
entered defrost operation during the
test. Therefore, DOE finds that a 2-hour
test duration produces test results that
are representative of dehumidifier
operation by consumers.
For the reasons discussed in the June
2022 NOPR, and in consideration of
comments as discussed in this section,
DOE has concluded that a 2-hour test
duration produces test results that are
comparable to test results produced by
a 6-hour test duration, that test results
produced by a 2-hour test duration are
representative of dehumidifier operation
by consumers, and that a 2-hour test
duration would reduce test burden as
compared to a 6-hour test duration. As
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
discussed above, DOE does not consider
defrost operation to be characteristic of
dehumidifiers at the DOE test condition,
so DOE has concluded that retaining the
6-hour test option is not necessary to
maintain test procedure
representativeness or reproducibility
nor would adopting a 2-hour test
duration require re-testing of any
currently certified dehumidifier, given
that measured performance would be
comparable under a 2-hour and 6-hour
test. Retaining the option of either a 2hour or 6-hour test duration could
create ambiguity regarding which test
duration should be used for
certification, as noted in AHAM’s
comments. Accordingly, in this final
rule, DOE is adopting a 2-hour test
duration requirement for appendix X1.
DOE is not maintaining an option to
perform a 6-hour test, as was proposed
in the June 2022 NOPR.
6. Psychrometer Setup and
Instrumentation
Appendix X1, through reference to
section 4 ‘‘Instrumentation’’ of ANSI/
AHAM DH–1–2008, requires
dehumidifiers with a single air intake to
be monitored with an aspirating-type
psychrometer 6 perpendicular to, and 1
foot in front of, the unit; and, in the case
of multiple air intakes, monitored with
a separate sampling tree. See sections
3.1.1, 3.1.1.2, 3.1.1.3 of appendix X1.
The test procedure at appendix X1
does not currently permit the use of a
sampling tree in conjunction with an
aspirating psychrometer to measure
relative humidity for portable
dehumidifiers with a single air inlet. In
the July 2015 Final Rule, DOE was
unable to conclude whether using a
psychrometer only or using a
psychrometer in conjunction with a
sampling tree would produce the most
repeatable results. 80 FR 45802.
DOE is aware, however, that using a
sampling tree with an aspirating
psychrometer is standard practice for
many test laboratories when conducting
psychrometric testing. Therefore, in the
June 2022 NOPR, DOE proposed to
allow measurements taken using an
aspirating psychrometer or relative
humidity sensor with a sampling tree in
appendix X1 for dehumidifiers with a
single air inlet, which is required in the
currently applicable test procedure for
dehumidifiers with multiple air inlets.
87 FR 35286, 35302.
6 In an aspirating-type psychrometer, a wet-bulb
and a dry-bulb thermometer are mounted inside a
case that also contains a fan. The fan draws air
across both thermometers, and the resulting wetbulb and dry-bulb temperatures are used to
determine the percent relative humidity.
E:\FR\FM\26JYR1.SGM
26JYR1
lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 88, No. 142 / Wednesday, July 26, 2023 / Rules and Regulations
Aprilaire supported DOE’s proposal to
allow use of an aspirating psychrometer
in conjunction with a sampling tree to
measure humidity. Aprilaire stated that
this sort of apparatus is common and
familiar in the HVAC industry.
(Aprilaire, No. 14 at p. 2)
MIAQ supported DOE’s proposal of
allowing relative humidity
measurements taken using an aspirating
psychrometer with sampling tree in
appendix X1 for dehumidifiers with a
single air inlet. (MIAQ, No. 15 at pp. 6–
7)
AHAM stated that sampling trees
should be required for both
psychrometer testing (as was proposed)
and for relative humidity sensors.
AHAM claimed that use of sampling
trees leads to more representative
results by sampling across the entire
inlet air of the dehumidifier and noted
that sampling trees are already required
in the test procedures for other HVAC
equipment. AHAM stated that multiple
measurement points are needed to
produce representative results because
dehumidifiers measure air temperature
and humidity using air from a wider
inlet area, not a single point. (AHAM,
No. 17 at p. 2)
These comments support DOE’s
understanding that using a sampling
tree with an aspirating psychrometer is
already standard practice for many test
laboratories when testing dehumidifiers;
effectively measures the inlet operating
conditions for a dehumidifier while
under test, both for units with a single
air inlet and for units with multiple air
inlets; and facilitates the determination
of representative dehumidifier
performance. Therefore, for the reasons
discussed in the June 2022 NOPR and
summarized above, DOE is permitting
the use of sampling trees in conjunction
with either an aspirating psychrometer
or relative humidity sensor for all
dehumidifier test configurations in
appendix X1. DOE is not aware of data
that quantify any benefits that sampling
trees may provide over a single point
measurement and is thus unable to
determine if requiring sampling trees for
all dehumidifier tests, as AHAM
suggests, would be unduly burdensome
for test laboratories that currently use
single-point aspirating psychrometer or
relative humidity sensor measurements.
Therefore, to avoid imposing an undue
test burden, DOE is allowing the test
procedure to be conducted with or
without sampling trees in appendix X1
in this final rule, when using either an
aspirating psychrometer or relative
humidity sensor.
In addition to the proposal to allow
sampling trees in conjunction with
aspirated psychrometer testing, DOE
VerDate Sep<11>2014
17:11 Jul 25, 2023
Jkt 259001
proposed in the June 2022 NOPR to
require that the sensing elements within
the psychrometer box be shielded or
positioned to minimize radiation effects
from the fan motor; that there be line of
sight separation between any fans and
sensing elements within the test fixture;
and that at least 3 feet of separation,
along the path of airflow, be maintained
between any fans and sensing elements
within the test fixture. 87 FR 35286,
35302. DOE notes that AHAM
subsequently adopted the same
requirements for psychrometer
shielding and placement in AHAM DH–
1–2022.
MIAQ supported DOE’s proposal to
require that the psychrometer box
contain shielding or be configured to
minimize radiation effects on the
sensing elements. (MIAQ, No. 15 at p.
7)
For the reasons discussed in the June
2022 NOPR, in this final rule, DOE is
incorporating in appendix X1 the
AHAM DH–1–2022 requirements for
psychrometer shielding and placement.
These requirements are consistent with
the requirements for psychrometer
shielding and placement as proposed in
the June 2022 NOPR.
7. Whole-Home Dehumidifiers
In the July 2015 Final Rule, DOE
established a test procedure for wholehome dehumidifiers in appendix X1. 80
FR 45802, 45810–45811. Whole-home
dehumidifiers differ from portable
dehumidifiers, as they are installed in a
ducted configuration in a home. The
whole-home dehumidifier test
procedure specifies a ducted test setup
with instructions for measuring and
maintaining the air flow through these
ducts. See section 3.1.3 of appendix X1.
a. Air Velocity
Section 5.2 of AHAM DH–1–2017
requires that ‘‘the air flow approaching
the test unit shall be uniform in
temperature, humidity and velocity. The
air velocity shall not exceed 50 feet per
minute (‘‘ft/min’’) (0.25 meters per
second (‘‘m/s’’)) within 3 ft (0.91 m) of
the dehumidifier with the unit not
operating.’’
In the June 2022 NOPR, DOE
considered alternate air velocity
specifications based on suggestions by
commenters that the 50 ft/min
maximum air velocity requirement in
AHAM DH–1–2017 may represent an
undue burden on manufacturers of
large-capacity portable dehumidifiers
and whole-home dehumidifiers.
Although DOE did not propose
changing the maximum air velocity
requirement in the June 2022 NOPR,
DOE discussed that it would consider
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
48045
raising the maximum air flow
requirement by an amount appropriate
to the increased air flow of the largest
units on the market, e.g., to 100 ft/min.
DOE stated, however, that it was not
aware of any data that quantify the
impact on repeatability and
reproducibility of raising the maximum
air velocity requirement to a lessstringent level. 87 FR 35286, 35302–
35303.
MIAQ recommended that DOE
continue to investigate the value of an
increased air velocity. MIAQ noted that
it is in the process of conducting air
velocity testing and would be willing to
confidentially share this data with DOE
for analysis. (MIAQ, No. 15 at p. 7)
DOE notes that AHAM DH–1–2022
maintains 50 ft/min maximum air
velocity requirement, indicating that
there is not an industry consensus that
a requirement higher than 50 ft/min
would be acceptable. DOE has not
received any data supporting that a 100
ft/min air velocity requirement would
maintain test procedure repeatability
and reproducibility. Therefore, without
sufficient data to confirm that this test
procedure change would allow for
equally repeatable and reproduceable
tests as the current requirement, in this
final rule, DOE is maintaining the air
velocity minimum requirement of 50 ft/
min, consistent with AHAM DH–1–
2022.
b. Nozzle Test Method
Section 3.1.2.2.3.2 of appendix X1
specifies measuring velocity pressures
using the same pitot traverses as are
used for measuring external static
pressure (‘‘ESP’’), which are specified in
section 3.1.2.2.3.1 of appendix X1, and
calculating volumetric flow rates in
each duct in accordance with section
7.3.1, ‘‘Velocity Traverse,’’ of ANSI/
AMCA 210.
In the June 2022 NOPR, DOE
summarized a comment submitted by
Aprilaire asserting that there are a
limited number of test facilities that still
use this technology for measuring
airflow. 87 FR 35286, 35303. Aprilaire
suggested that DOE adopt the alternative
method of using airflow nozzles to
measure airflow as specified in section
7.3.2 of ANSI/AMCA 210. Aprilaire
stated that most laboratories are using
the nozzle method in ANSI/AMCA 210
for measuring airflow and that this
method is listed by ASHRAE Standard
37 as the method to use for HVAC
equipment. Id.
In the June 2022 NOPR, DOE
discussed that it had inquired with a
number of laboratories and is aware that
a limited number of test laboratories use
pitot-tube traverses when conducting
E:\FR\FM\26JYR1.SGM
26JYR1
48046
Federal Register / Vol. 88, No. 142 / Wednesday, July 26, 2023 / Rules and Regulations
lotter on DSK11XQN23PROD with RULES1
testing in accordance with ANSI/AMCA
210. (See sections 4.2.2, 4.3.1, and 7.3.1
of ANSI/AMCA 210) DOE discussed
that it is aware that test laboratories
typically use the alternate calibrated
nozzle approach detailed in sections
4.2.3, 4.3.2 and 7.3.2 of ANSI/AMCA
210 when conducting testing in
accordance with ANSI/AMCA 210 for
products other than dehumidifiers,
which is not currently permitted in
appendix X1. Based on the industryaccepted standard (i.e., ANSI/AMCA
210), the understanding that the two
approaches are substantively similar,
and feedback from test laboratories that
use of the calibrated nozzle approach
can reduce the test burden as compared
to use of the pitot-tube traverses, DOE
proposed in the June 2022 NOPR to
allow calibrated nozzle testing
according to the requirements of
sections 4.2.3, 4.3.2, and 7.3.2 of ANSI/
AMCA 210 for whole-home
dehumidifiers in appendix X1. 87 FR
35286, 35303.
Aprilaire and MIAQ both supported
DOE’s proposal to include the calibrated
nozzle approach from AMCA 210 in the
appendix X1 test procedure for wholehome dehumidifiers. (Aprilaire, No. 14
at p. 2; MIAQ, No. 15 at p. 7)
DOE concludes, for the reasons
discussed in the June 2022 NOPR, that
the calibrated nozzle approach from
ANSI/AMCA 210 produces repeatable
and reproduceable results consistent
with the pitot tube traverse method.
Therefore, in this final rule, DOE is
permitting the use of the calibrated
nozzle approach in appendix X1, as
proposed in the June 2022 NOPR.
c. Ventilation Air
Section 3.1.3 of appendix X1 requires
capping and sealing any fresh-air inlet
on a whole-home dehumidifier during
testing. In the July 2015 Final Rule, DOE
determined that, while sealing the freshair inlet on dehumidifiers designed to
operate with the fresh-air intake open
may negatively impact capacity and
efficiency, those effects are not
significant enough to warrant the added
test burden of providing separate freshair inflow. 80 FR 45802, 45811. In the
June 2022 NOPR, DOE summarized
comments received by interested parties
stating that capping the fresh-air intake
should not appreciably impact the total
airflow through the unit and
subsequently should have little effect on
the efficiency. DOE stated that is not
aware of publicly available data, nor has
DOE received information from
commenters, regarding the prevalence of
fresh-air inlet use among whole-home
dehumidifier consumers. DOE further
stated that comments received on this
VerDate Sep<11>2014
17:11 Jul 25, 2023
Jkt 259001
issue are consistent with DOE’s prior
determination that the burden of adding
an additional air stream in the testing
configuration to account for fresh-air
inlet on those whole-home
dehumidifiers equipped with such a
feature would outweigh the benefits.
Therefore, in the June 2022 NOPR, DOE
tentatively determined to continue
requiring capping and sealing the freshair inlet during testing of a whole-home
dehumidifier in appendix X1. 87 FR
35286, 35303.
MIAQ supported DOE’s tentative
determination to retain the requirement
to cap and seal the fresh-air inlet during
testing of a whole-home dehumidifier.
(MIAQ, No. 15 at p. 7)
For the reasons discussed in the June
2022 NOPR, DOE is retaining the
requirement to cap and seal the fresh-air
inlet during testing of a whole-home
dehumidifier in appendix X1 in this
final rule.
d. External Static Pressure
The DOE test procedure at appendix
X1 requires that the ESP, the difference
in process air outlet static pressure
minus the process air inlet static
pressure, be 0.2 inches of water column
(‘‘in. w.c.’’) for the duration of the test
when conducting whole-home
dehumidifier testing. See section
3.1.2.2.3.1 of appendix X1.
In the June 2022 NOPR, DOE
responded to comments submitted by
MIAQ suggesting that DOE adopt two to
different ESP conditions—one at 0 in.
w.c. and the other at 0.4 in. w.c.—for
testing whole-home dehumidifiers. In
considering this comment, DOE noted
that MIAQ did not provide support
regarding the representativeness of its
suggested ESP requirements. In
addition, DOE discussed that it had
previously considered and rejected
multiple ESP requirements in a previous
rulemaking based on a field study and
other information. DOE explained that
while DOE understands that installation
configurations and environmental
factors vary for whole-home
dehumidifiers, DOE tentatively
concluded that testing whole-home
dehumidifiers twice—once with 0 in.
w.c. ESP and once with 0.4 in. w.c.
ESP—would not be sufficiently more
representative than the current single
0.2 in. w.c. ESP requirement as to justify
the increased test burden. Therefore,
DOE did not propose to amend the ESP
requirements for whole-home
dehumidifiers in the June 2022 NOPR.
87 FR 35286, 35303.
In response to the June 2022 NOPR,
Aprilaire noted that HVAC system
pressures vary greatly with system
design for residential applications.
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
Aprilaire stated that a single static test
pressure test point is preferrable, as a
second test point would increase test
burden in the form of both an extra
rating test and additional quality
verification testing. (Aprilaire, No. 14 at
p. 2)
MIAQ stated that 0.2 in. w.c. ESP is
a representative test condition for
ducted dehumidifiers. MIAQ also
suggested that additional research be
conducted into whether higher external
pressures could be representative of
typical installation cases, such as when
dehumidifiers are connected to furnace
systems. MIAQ cited studies from the
National Renewable Energy Laboratory
and the California Energy Commission
that observed pressures between 0.53
and 0.9 in. w.c in practice. (MIAQ, No.
15 at pp. 7–8)
For the reasons discussed in the June
2022 NOPR, and in consideration of
these additional comments suggesting
that 0.2 in. w.c. ESP is a representative
test condition for ducted dehumidifiers
and that requiring an additional test
point would increase test burden, DOE
continues to conclude that a single test
approach for whole-home dehumidifiers
is fully representative of whole-home
dehumidifier performance. The studies
referenced by MIAQ do not provide
information specific to whole-home
dehumidifiers sufficient for DOE to
determine that ESP conditions between
0.53 and 0.9 in. w.c. are representative
of typical whole-home dehumidifier
installation. Therefore, DOE is
maintaining the current test approach in
appendix X1.
e. Additional Test Condition
In response to the June 2022 NOPR,
MIAQ commented that all whole-home
dehumidifiers should be tested at both
the whole-home dehumidifier test
conditions and the portable
dehumidifier test conditions. MIAQ
stated that adopting this change would
be more representative of actual wholehome dehumidifier operation because
whole-home units can be installed in
configurations where the inlet air is
drawn from indoor basement air, such
as in crawlspace applications or when
not connected to the HVAC return air
stream. (MIAQ, No. 15 at pp. 3–4)
While DOE acknowledges that wholehome dehumidifiers may be installed in
situations where the unit inlet air is
drawn from unconditioned spaces (e.g.,
a basement or crawlspace), such a
situation does not represent typical
operation of these units. As indicated by
the product definition, whole-home
dehumidifiers are designed to be
installed in a ducted configuration,
typically in line with an HVAC system,
E:\FR\FM\26JYR1.SGM
26JYR1
Federal Register / Vol. 88, No. 142 / Wednesday, July 26, 2023 / Rules and Regulations
lotter on DSK11XQN23PROD with RULES1
and the test procedure requirements for
whole-home dehumidifiers reflect this
most representative installation
scenario. Requiring whole-home units to
be tested at an additional test condition
applicable to portable dehumidifiers
would add test burden without
improving the representativeness of test
results. Therefore, in this final rule,
DOE is maintaining the single test
condition for whole-home
dehumidifiers. However, to the extent
that a unit meets both the whole-home
and portable dehumidifier definitions, it
must be tested in each configuration and
comply with both applicable energy
conservation standards.
8. Network Functions
Many types of consumer products
(e.g., refrigerators, clothes dryers, room
air conditioners) are now equipped with
‘‘network functions,’’ such as mobile
alerts/messages, remote control, and
energy information and demand
response capabilities to support future
smart grid interconnection. In the June
2022 NOPR, DOE noted that certain
manufacturers have also incorporated
some of these features, such as Wi-Fi
capability, into dehumidifiers. 87 FR
35286, 35304.
Based on testing and information from
interested parties regarding network
functions in consumer products, DOE
stated in the June 2022 NOPR that it
expects the power consumption
attributable to network functions to be
on the order of 1 watt (‘‘W’’) or less. The
impact on IEF of power consumption of
network functions is expected to be no
more than 1 percent, based on DOE’s
testing that indicated an average impact
on IEF of less than 0.75 percent for the
units in DOE’s test sample. 87 FR 35286,
35304–35305. DOE also stated that it is
aware there are dehumidifiers on the
market with varying implementations of
network functions. However, DOE
stated that it was not aware of any data
available, nor did interested parties
provide any data, regarding the
consumer use of network functions.
Without this data, DOE stated it was
unable to establish a representative test
configuration to assess the energy
consumption of network functions for
dehumidifiers. Id.
Therefore, in the June 2022 NOPR,
DOE proposed to specify that if a
dehumidifier has network functions, all
network functions must be disabled
throughout testing using means
available to the end user pursuant to
instructions provided in the product’s
user manual. DOE further proposed to
specify that if network functions cannot
be disabled by the consumer or the
manufacturer’s user manual does not
VerDate Sep<11>2014
17:11 Jul 25, 2023
Jkt 259001
provide instruction for disabling the
function, the energy consumption of the
enabled network function must be
included, as it is more representative
than excluding the energy consumption
associated with the network function.
Id.
Aprilaire, MIAQ, and AHAM
supported DOE’s proposal to disable
network functions if possible. AHAM
noted that this proposal is consistent
with the draft of AHAM DH–1–2022.
(Aprilaire, No. 14 at p. 2; MIAQ, No. 15
at p. 8; AHAM, No. 17 at p. 3)
The anonymous commentor
recommended developing test methods
which can better accommodate
networked models (Anonymous, No. 12
at p. 1)
The Joint Commenters requested that
DOE require dehumidifiers to be tested
with network functions in the factory
default setting if possible, rather than
disabled. The Joint Commenters stated
that DOE’s approach may not be
representative of real-world operation,
as consumers would be unlikely to
disable connected functionality if a unit
is shipped with connected functions
enabled, and testing using the network
default settings would result in a more
representative energy use measurement.
(Joint Commenters, No. 18 at p. 2;
Appliance Standard Awareness Project,
Public Meeting Transcript, No. 11 at p.
21)
As discussed in the June 2022 NOPR,
DOE is not aware of any consumer usage
data, nor did interested parties provide
any such data, regarding the consumer
use of network connectivity. Without
this data, DOE is unable to establish a
representative test configuration for
assessing the energy consumption of
network connectivity features for
dehumidifiers. 87 FR 35286, 35305.
DOE similarly lacks data regarding
whether consumers not using connected
functions would disable such functions
or leave them in the as-shipped setting.
Therefore, due to a lack of data
regarding consumer usage of network
connectivity features and to harmonize
with the industry standard, DOE
maintains its June 2022 NOPR proposals
and in this final rule is requiring that for
dehumidifiers with network functions,
follow the requirements in section 5.5 of
AHAM DH–1–2022, that (1) the network
functions must be disabled throughout
testing if such settings can be disabled
by the end-user and the product’s user
manual provides instructions on how to
do so; and (2) if network functions
cannot be disabled by the end-user, or
the product’s user manual does not
provide instruction for disabling
network functions, then the unit must
be tested with the network functions in
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
48047
the factory default configuration for the
test period.
9. Removal of Appendix X
Appendix X to subpart B of 10 CFR
part 430 is no longer required for use.
For dehumidifiers manufactured on or
after January 27, 2016, use of appendix
X1 to subpart B of 10 CFR part 430 is
required for any representations of
energy use or efficiency of portable and
whole-home dehumidifiers, including
demonstrating compliance with the
currently applicable energy
conservation standards. As discussed in
this document, DOE is maintaining the
currently applicable appendix X1, with
amendments. The updated version of
appendix X1 will be used for the
evaluation and issuance of any updated
efficiency standards, and for
determining compliance with those
standards. In the June 2022 NOPR, DOE
proposed to remove the obsolete
appendix X. 87 FR 35286, 35305.
MIAQ supported DOE’s proposal to
remove appendix X along with all
references to appendix X in 10 CFR
parts 429 and 430.
In this final rule, DOE removes
appendix X to subpart B of 10 CFR part
430, along with all references to
appendix X in 10 CFR part 430.
D. Test Procedure Costs
EPCA requires that test procedures
proposed by DOE not be unduly
burdensome to conduct. (42 U.S.C.
6293(b)(3)) DOE has determined that the
amendments in this final rule are not
unduly burdensome. The following
sections discuss DOE’s evaluation of
estimated costs and savings associated
with the amendments to appendix X1.
In this final rule, DOE updates the
existing test procedure for
dehumidifiers by amending appendix
X1 to incorporate the current version of
the applicable industry standard,
specify the dehumidification mode
rating test period to be 2 hours, permit
the use of a sampling tree in
conjunction with an aspirating
psychrometer or relative humidity
sensor for a dehumidifier with a single
process air intake grille, and specify
requirements for testing dehumidifiers
with network functions. If the network
functions can be disabled by the enduser and instructions to disable appear
in the manual, test with those functions
disabled; otherwise, test in the factory
default setting. DOE has determined that
these proposed amendments would not
increase testing costs. As discussed in
the following paragraphs, DOE has also
determined that two amendments
would likely reduce testing costs:
E:\FR\FM\26JYR1.SGM
26JYR1
48048
Federal Register / Vol. 88, No. 142 / Wednesday, July 26, 2023 / Rules and Regulations
shortening the test duration and
permitting use of a sampling tree.
lotter on DSK11XQN23PROD with RULES1
1. Reduced Test Period
DOE amends appendix X1 to specify
the dehumidification mode rating test
period to be 2 hours for portable and
whole-home dehumidifiers. As
discussed in section III.C.5 of this
document, DOE expects that this
amendment will decrease test cost for
dehumidifier manufacturers due to
reduced test chamber time. Based on
past experiences with conducting
appendix X1 testing, DOE estimates that
6 hours in a psychrometric chamber for
dehumidifier testing according to
appendix X1 costs $1,100. Reducing the
test period by 4 hours yields an
estimated cost savings per test of $750,
which is two-thirds of the estimated
cost of operation of the test chamber for
6 hours.
DOE has determined that the
amendments would not affect the
representations of dehumidifier energy
efficiency/energy use, as discussed in
section III.C.5 of this document. DOE
expects that manufacturers would be
able to rely on data generated under the
current test procedure. As such,
retesting and recertification of
dehumidifiers would not be required
solely as a result of DOE’s adoption of
the amendments to the test procedure.
2. Sampling Tree
DOE amends appendix X1 to allow
relative humidity measurements using
an aspirating psychrometer or relative
humidity sensor with a sampling tree
for all dehumidifiers. As discussed in
section III.C.6 of this document, DOE
expects this would not substantively
impact repeatability or reproducibility
of the test procedure or the
representativeness of the measured
energy efficiency. The amendment
would not result in a change of the
measured energy efficiency of any
currently certified dehumidifiers
because the proposed use of a sampling
tree would be an alternate test set-up to
the current test set-up. The amendment
would also likely reduce the test burden
for certain test laboratories that would
otherwise be required to change their
aspirating psychrometer or relative
humidity sensor configuration to
remove the sampling tree and reposition
the psychrometer within the test
chamber. There is no cost attributable to
this amendment.
DOE has determined that the
amendments in this final rule would not
impact the measured energy use or
representations of dehumidifier energy
efficiency/energy use. DOE has also
determined that manufacturers would
VerDate Sep<11>2014
17:11 Jul 25, 2023
Jkt 259001
be able to rely on data generated under
the current test procedure as amended.
As such, DOE does not expect re-testing
of any dehumidifier would be required
solely as a result of DOE’s adoption of
these amendments to the test procedure.
3. Other Amendments
DOE has determined that the
amendments to incorporate the updated
version of the relevant industry testing
standard and to provide additional
direction regarding units with network
functions will not change the measured
energy efficiency as compared to the
current test procedure and would not
change the test costs. DOE expects that
manufacturers would be able to rely on
data generated under the current test
procedure. As such, retesting and
recertification of dehumidifiers would
not be required solely as a result of
DOE’s adoption of the amendments to
the test procedure. Based on review of
AHAM DH–1–2022, DOE expects that
the amended test procedure for
measuring IEF will not increase testing
costs per unit compared to the current
DOE test procedure. DOE also does not
expect that the direction to disable
network functions during testing will
impact test cost or the measured energy
efficiency, as network function does not
represent a significant portion of the
overall energy efficiency, as discussed
previously.
While DOE does not expect that the
amendments to the test procedure will
require manufacturers to re-test and
recertify their models, manufacturers
may choose to re-test units using the
new test procedure. DOE estimates that
testing under the new test procedure
would cost roughly $2,000 per test,
based on recent testing quotes and
reduced testing cost due to the shorter
test duration.
E. Effective and Compliance Dates
The effective date for the adopted test
procedure amendment will be 30 days
after publication of this final rule in the
Federal Register. EPCA prescribes that
all representations of energy efficiency
and energy use, including those made
on marketing materials and product
labels, must be made in accordance with
an amended test procedure, beginning
180 days after publication of the final
rule in the Federal Register. (42 U.S.C.
6293(c)(2))
EPCA provides an allowance for
individual manufacturers to petition
DOE for an extension of the 180-day
period if the manufacturer may
experience undue hardship in meeting
the deadline. (42 U.S.C. 6293(c)(3)) To
receive such an extension, petitions
must be filed with DOE no later than 60
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
days before the end of the 180-day
period and must detail how the
manufacturer will experience undue
hardship. Id. To the extent the modified
test procedure adopted in this final rule
is required only for the evaluation and
issuance of updated efficiency
standards, compliance with the
amended test procedure does not
require use of such modified test
procedure provisions until the
compliance date of updated standards.
IV. Procedural Issues and Regulatory
Review
A. Review Under Executive Orders
12866, 13563, and 14094
Executive Order (‘‘E.O.’’)12866,
‘‘Regulatory Planning and Review,’’ as
supplemented and reaffirmed by E.O.
13563, ‘‘Improving Regulation and
Regulatory Review,’’ 76 FR 3821 (Jan.
21, 2011) and amended by E.O. 14094,
‘‘Modernizing Regulatory Review,’’ 88
FR 21879 (April 11, 2023), requires
agencies, to the extent permitted by law,
to (1) propose or adopt a regulation only
upon a reasoned determination that its
benefits justify its costs (recognizing
that some benefits and costs are difficult
to quantify); (2) tailor regulations to
impose the least burden on society,
consistent with obtaining regulatory
objectives, taking into account, among
other things, and to the extent
practicable, the costs of cumulative
regulations; (3) select, in choosing
among alternative regulatory
approaches, those approaches that
maximize net benefits (including
potential economic, environmental,
public health and safety, and other
advantages; distributive impacts; and
equity); (4) to the extent feasible, specify
performance objectives, rather than
specifying the behavior or manner of
compliance that regulated entities must
adopt; and (5) identify and assess
available alternatives to direct
regulation, including providing
economic incentives to encourage the
desired behavior, such as user fees or
marketable permits, or providing
information upon which choices can be
made by the public. DOE emphasizes as
well that E.O. 13563 requires agencies to
use the best available techniques to
quantify anticipated present and future
benefits and costs as accurately as
possible. In its guidance, the Office of
Information and Regulatory Affairs
(‘‘OIRA’’) in the Office of Management
and Budget (‘‘OMB’’) has emphasized
that such techniques may include
identifying changing future compliance
costs that might result from
technological innovation or anticipated
behavioral changes. For the reasons
E:\FR\FM\26JYR1.SGM
26JYR1
Federal Register / Vol. 88, No. 142 / Wednesday, July 26, 2023 / Rules and Regulations
lotter on DSK11XQN23PROD with RULES1
stated in this preamble, this final
regulatory action is consistent with
these principles.
Section 6(a) of E.O. 12866 also
requires agencies to submit ‘‘significant
regulatory actions’’ to OIRA for review.
OIRA has determined that this final
regulatory action does not constitute a
‘‘significant regulatory action’’ under
section 3(f) of E.O. 12866. Accordingly,
this action was not submitted to OIRA
for review under E.O. 12866.
B. Review Under the Regulatory
Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) requires preparation
of a final regulatory flexibility analysis
(FRFA) for any final rule where the
agency was first required by law to
publish a proposed rule for public
comment, unless the agency certifies
that the rule, if promulgated, will not
have a significant economic impact on
a substantial number of small entities.
As required by Executive Order 13272,
‘‘Proper Consideration of Small Entities
in Agency Rulemaking,’’ 67 FR 53461
(August 16, 2002), DOE published
procedures and policies on February 19,
2003 to ensure that the potential
impacts of its rules on small entities are
properly considered during the DOE
rulemaking process. 68 FR 7990. DOE
has made its procedures and policies
available on the Office of the General
Counsel’s website: www.energy.gov/gc/
office-general-counsel. DOE reviewed
this final rule under the provisions of
the Regulatory Flexibility Act and the
procedures and policies published on
February 19, 2003. DOE has concluded
that this rule would not have a
significant impact on a substantial
number of small entities. The factual
basis for this certification is as follows:
For manufacturers of dehumidifiers,
the Small Business Administration
(‘‘SBA’’) considers a business entity to
be small business, if, together with its
affiliates, it employs less than a
threshold number of workers specified
in 13 CFR part 121. DOE used SBA’s
small business size standards to
determine whether any small entities
would be subject to the requirements of
the rule. These size standards and codes
are established by the North American
Industry Classification System
(‘‘NAICS’’) and are available at
www.sba.gov/document/support_tablesize-standards. Manufacturing of
portable dehumidifiers is classified
under NAICS 335210, ‘‘Small Electrical
Appliance Manufacturing,’’ whereas the
manufacturing of whole-home
dehumidifiers is classified under NAICS
333415, ‘‘Air-Conditioning and Warm
Air Heating Equipment and Commercial
VerDate Sep<11>2014
17:11 Jul 25, 2023
Jkt 259001
and Industrial Refrigeration Equipment
Manufacturing.’’ The SBA sets a
threshold of 1,500 employees or fewer
and 1,250 employees or fewer for an
entity to be considered as a small
business in these industry categories,
respectively.7 For manufacturers of both
portable and whole-home
dehumidifiers, DOE used the higher (or
more conservative) threshold of 1,500
employees or fewer.
DOE used its Compliance
Certification Database (‘‘CCD’’),8
California Energy Commission’s
Modernized Appliance Efficiency
Database System (‘‘MAEDbS’’),9 and
ENERGY STAR’s Product Finder
dataset 10 to create a list of companies
that sell the products covered by this
rulemaking in the United States. DOE
then consulted publicly available data,
such as manufacturer websites,
manufacturer specifications and product
literature, import/export logs, and basic
model numbers, to identify original
equipment manufacturers (‘‘OEMs’’) of
the products covered by this
rulemaking. DOE relied on public data
and subscription-based market research
tools (e.g., Dun & Bradstreet reports 11)
to determine company location,
headcount, and annual revenue. DOE
screened out companies that do not
offer products covered by this proposed
rulemaking, do not meet the SBA’s
definition of a ‘‘small business,’’ or are
foreign-owned and operated.
DOE identified 16 OEMs of
dehumidifiers for the U.S. market. DOE
estimates that 12 are OEMs of portable
dehumidifiers, three are OEMs of
whole-home dehumidifiers, and one is
an OEM of both portable and wholehome dehumidifiers. Of the 16 total
OEMs identified, one qualifies as a
‘‘small business’’ and is not foreignowned or operated.
DOE did not receive any comments
that specifically addressed impacts on
small businesses or that were provided
Small Business Administration, ‘‘Table of
Size Standards.’’ (Effective December 19, 2022).
Available at www.sba.gov/document/support-tablesize-standards (last accessed January 23, 2023).
8 U.S. Department of Energy, Compliance
Certification Database. Available at
www.regulations.doe.gov/certification-data/
#q=Product_Group_s%3A* (last accessed October
11, 2022).
9 California Energy Commission, Modernized
Appliance Efficiency Database System. Available at:
cacertappliances.energy.ca.gov/Pages/Search/
AdvancedSearch.aspx (last accessed January 23,
2022).
10 U.S. Environmental Protection Agency,
ENERGY STAR Product Finder data set. Available
at www.energystar.gov/productfinder/ (last accessed
January 24, 2022).
11 The Dun & Bradstreet Hoovers subscription
login is available online at app.dnbhoovers.com/
(last accessed January 23, 2023).
PO 00000
7 U.S.
Frm 00019
Fmt 4700
Sfmt 4700
48049
in response to the initial regulatory
flexibility analysis.
In this final rule, DOE updates the
existing test procedure for
dehumidifiers by amending appendix
X1 to incorporate the current version of
the applicable industry standard,
specify the dehumidification mode
rating test period to be 2 hours, permit
the use of a sampling tree in
conjunction with an aspirating
psychrometer or relative humidity
sensor for a dehumidifier with a single
process air intake grille, and specify
requirements for testing dehumidifiers
with network functions. If the network
functions can be disabled by the enduser and instructions to disable appear
in the manual, test with those functions
disabled; otherwise, test in the factory
default setting. DOE has determined that
these amendments would not increase
testing costs. DOE has also determined
that two amendments would likely
reduce testing costs: shortening the test
duration and permitting use of a
sampling tree.
DOE has determined that the
amendments in this final rule would not
impact the measured energy use or
representations of dehumidifier energy
efficiency/energy use. DOE has also
determined that manufacturers would
be able to rely on data generated under
the current test procedure as amended.
As such, DOE does not expect retesting
of any dehumidifier would be required
solely as a result of DOE’s adoption of
these amendments to the test procedure.
Therefore, DOE concludes that the
cost effects accruing from the final rule
would not have a ‘‘significant economic
impact on a substantial number of small
entities,’’ and that the preparation of a
FRFA is not warranted. DOE has
submitted a certification and supporting
statement of factual basis to the Chief
Counsel for Advocacy of the Small
Business Administration for review
under 5 U.S.C. 605(b).
C. Review Under the Paperwork
Reduction Act of 1995
Manufacturers of dehumidifiers must
certify to DOE that their products
comply with any applicable energy
conservation standards. To certify
compliance, manufacturers must first
obtain test data for their products
according to the DOE test procedures,
including any amendments adopted for
those test procedures. DOE has
established regulations for the
certification and recordkeeping
requirements for all covered consumer
products and commercial equipment,
including dehumidifiers. (See generally
10 CFR part 429.) The collection-ofinformation requirement for the
E:\FR\FM\26JYR1.SGM
26JYR1
48050
Federal Register / Vol. 88, No. 142 / Wednesday, July 26, 2023 / Rules and Regulations
certification and recordkeeping is
subject to review and approval by OMB
under the Paperwork Reduction Act
(PRA). This requirement has been
approved by OMB under OMB control
number 1910–1400. Public reporting
burden for the certification is estimated
to average 35 hours per response,
including the time for reviewing
instructions, searching existing data
sources, gathering and maintaining the
data needed, and completing and
reviewing the collection of information.
DOE is not amending the certification
or reporting requirements for
dehumidifiers in this final rule.
Notwithstanding any other provision
of the law, no person is required to
respond to, nor shall any person be
subject to a penalty for failure to comply
with, a collection of information subject
to the requirements of the PRA, unless
that collection of information displays a
currently valid OMB Control Number.
lotter on DSK11XQN23PROD with RULES1
D. Review Under the National
Environmental Policy Act of 1969
In this final rule, DOE establishes test
procedure amendments that it expects
will be used to develop and implement
future energy conservation standards for
dehumidifiers. DOE has determined that
this rule falls into a class of actions that
are categorically excluded from review
under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and DOE’s implementing
regulations at 10 CFR part 1021.
Specifically, DOE has determined that
adopting test procedures for measuring
energy efficiency of consumer products
and industrial equipment is consistent
with activities identified in 10 CFR part
1021, appendix A to subpart D, A5 and
A6. Accordingly, neither an
environmental assessment nor an
environmental impact statement is
required.
E. Review Under Executive Order 13132
Executive Order 13132, ‘‘Federalism,’’
64 FR 43255 (August 4, 1999), imposes
certain requirements on agencies
formulating and implementing policies
or regulations that preempt State law or
that have federalism implications. The
Executive order requires agencies to
examine the constitutional and statutory
authority supporting any action that
would limit the policymaking discretion
of the States and to carefully assess the
necessity for such actions. The
Executive order also requires agencies to
have an accountable process to ensure
meaningful and timely input by State
and local officials in the development of
regulatory policies that have federalism
implications. On March 14, 2000, DOE
published a statement of policy
VerDate Sep<11>2014
17:11 Jul 25, 2023
Jkt 259001
describing the intergovernmental
consultation process it will follow in the
development of such regulations. 65 FR
13735. DOE examined this final rule
and determined that it will not have a
substantial direct effect on the States, on
the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. EPCA governs and
prescribes Federal preemption of State
regulations as to energy conservation for
the products that are the subject of this
final rule. States can petition DOE for
exemption from such preemption to the
extent, and based on criteria, set forth in
EPCA. (42 U.S.C. 6297(d)) No further
action is required by Executive Order
13132.
F. Review Under Executive Order 12988
Regarding the review of existing
regulations and the promulgation of
new regulations, section 3(a) of
Executive Order 12988, ‘‘Civil Justice
Reform,’’ 61 FR 4729 (Feb. 7, 1996),
imposes on Federal agencies the general
duty to adhere to the following
requirements: (1) eliminate drafting
errors and ambiguity; (2) write
regulations to minimize litigation; (3)
provide a clear legal standard for
affected conduct rather than a general
standard; and (4) promote simplification
and burden reduction. Section 3(b) of
Executive Order 12988 specifically
requires that Executive agencies make
every reasonable effort to ensure that the
regulation (1) clearly specifies the
preemptive effect, if any; (2) clearly
specifies any effect on existing Federal
law or regulation; (3) provides a clear
legal standard for affected conduct
while promoting simplification and
burden reduction; (4) specifies the
retroactive effect, if any; (5) adequately
defines key terms; and (6) addresses
other important issues affecting clarity
and general draftsmanship under any
guidelines issued by the Attorney
General. Section 3(c) of Executive Order
12988 requires Executive agencies to
review regulations in light of applicable
standards in sections 3(a) and 3(b) to
determine whether they are met or it is
unreasonable to meet one or more of
them. DOE has completed the required
review and determined that, to the
extent permitted by law, this final rule
meets the relevant standards of
Executive Order 12988.
G. Review Under the Unfunded
Mandates Reform Act of 1995
Title II of the Unfunded Mandates
Reform Act of 1995 (‘‘UMRA’’) requires
each Federal agency to assess the effects
of Federal regulatory actions on State,
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
local, and Tribal governments and the
private sector. Public Law 104–4, sec.
201 (codified at 2 U.S.C. 1531). For a
regulatory action resulting in a rule that
may cause the expenditure by State,
local, and Tribal governments, in the
aggregate, or by the private sector of
$100 million or more in any one year
(adjusted annually for inflation), section
202 of UMRA requires a Federal agency
to publish a written statement that
estimates the resulting costs, benefits,
and other effects on the national
economy. (2 U.S.C. 1532(a), (b)) The
UMRA also requires a Federal agency to
develop an effective process to permit
timely input by elected officers of State,
local, and Tribal governments on a
proposed ‘‘significant intergovernmental
mandate,’’ and requires an agency plan
for giving notice and opportunity for
timely input to potentially affected
small governments before establishing
any requirements that might
significantly or uniquely affect small
governments. On March 18, 1997, DOE
published a statement of policy on its
process for intergovernmental
consultation under UMRA. 62 FR
12820; also available at
www.energy.gov/gc/office-generalcounsel. DOE examined this final rule
according to UMRA and its statement of
policy and determined that the rule
contains neither an intergovernmental
mandate, nor a mandate that may result
in the expenditure of $100 million or
more in any year, so these requirements
do not apply.
H. Review Under the Treasury and
General Government Appropriations
Act, 1999
Section 654 of the Treasury and
General Government Appropriations
Act, 1999 (Pub. L. 105–277) requires
Federal agencies to issue a Family
Policymaking Assessment for any rule
that may affect family well-being. This
final rule will not have any impact on
the autonomy or integrity of the family
as an institution. Accordingly, DOE has
concluded that it is not necessary to
prepare a Family Policymaking
Assessment.
I. Review Under Executive Order 12630
DOE has determined, under Executive
Order 12630, ‘‘Governmental Actions
and Interference with Constitutionally
Protected Property Rights,’’ 53 FR 8859
(March 18, 1988), that this regulation
will not result in any takings that might
require compensation under the Fifth
Amendment to the U.S. Constitution.
E:\FR\FM\26JYR1.SGM
26JYR1
Federal Register / Vol. 88, No. 142 / Wednesday, July 26, 2023 / Rules and Regulations
J. Review Under Treasury and General
Government Appropriations Act, 2001
Section 515 of the Treasury and
General Government Appropriations
Act, 2001 (44 U.S.C. 3516 note),
provides for agencies to review most
disseminations of information to the
public under guidelines established by
each agency pursuant to general
guidelines issued by OMB. OMB’s
guidelines were published at 67 FR
8452 (Feb. 22, 2002), and DOE’s
guidelines were published at 67 FR
62446 (Oct. 7, 2002). Pursuant to OMB
Memorandum M–19–15, Improving
Implementation of the Information
Quality Act (April 24, 2019), DOE
published updated guidelines which are
available at www.energy.gov/sites/prod/
files/2019/12/f70/
DOE%20Final%20Updated%20
IQA%20Guidelines%20Dec%202019.
pdf. DOE has reviewed this final rule
under the OMB and DOE guidelines and
has concluded that it is consistent with
applicable policies in those guidelines.
lotter on DSK11XQN23PROD with RULES1
K. Review Under Executive Order 13211
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use,’’ 66 FR 28355 (May
22, 2001), requires Federal agencies to
prepare and submit to OMB, a
Statement of Energy Effects for any
significant energy action. A ‘‘significant
energy action’’ is defined as any action
by an agency that promulgated or is
expected to lead to promulgation of a
final rule, and that (1) is a significant
regulatory action under Executive Order
12866, or any successor order; and (2)
is likely to have a significant adverse
effect on the supply, distribution, or use
of energy; or (3) is designated by the
Administrator of OIRA as a significant
energy action. For any significant energy
action, the agency must give a detailed
statement of any adverse effects on
energy supply, distribution, or use if the
regulation is implemented, and of
reasonable alternatives to the action and
their expected benefits on energy
supply, distribution, and use.
This regulatory action is not a
significant regulatory action under
Executive Order 12866. Moreover, it
would not have a significant adverse
effect on the supply, distribution, or use
of energy, nor has it been designated as
a significant energy action by the
Administrator of OIRA. Therefore, it is
not a significant energy action, and,
accordingly, DOE has not prepared a
Statement of Energy Effects.
VerDate Sep<11>2014
17:11 Jul 25, 2023
Jkt 259001
L. Review Under Section 32 of the
Federal Energy Administration Act of
1974
Under section 301 of the Department
of Energy Organization Act (Pub. L. 95–
91; 42 U.S.C. 7101), DOE must comply
with section 32 of the Federal Energy
Administration Act of 1974, as amended
by the Federal Energy Administration
Authorization Act of 1977. (15 U.S.C.
788; ‘‘FEAA’’) Section 32 essentially
provides in relevant part that, where a
proposed rule authorizes or requires use
of commercial standards, the notice of
proposed rulemaking must inform the
public of the use and background of
such standards. In addition, section
32(c) requires DOE to consult with the
Attorney General and the Chairman of
the Federal Trade Commission (‘‘FTC’’)
concerning the impact of the
commercial or industry standards on
competition.
The modifications to the test
procedure for dehumidifiers adopted in
this final rule incorporates testing
methods contained in certain sections of
the following commercial standards:
AHAM DH–1–2022, ANSI/AMCA 210,
ANSI/ASHRAE 41.1, and IEC 62301.
DOE has evaluated these standards and
is unable to conclude whether it fully
complies with the requirements of
section 32(b) of the FEAA (i.e., whether
it was developed in a manner that fully
provides for public participation,
comment, and review.) DOE has
consulted with both the Attorney
General and the Chairman of the FTC
about the impact on competition of
using the methods contained in these
standards and has received no
comments objecting to their use.
M. Congressional Notification
As required by 5 U.S.C. 801, DOE will
report to Congress on the promulgation
of this rule before its effective date. The
report will state that it has been
determined that the rule is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
N. Description of Materials Incorporated
by Reference
AHAM DH–1–2022 is an industryaccepted test procedure that measures
the capacity and energy input of
portable dehumidifiers under specified
test conditions. AHAM DH–1–2022
includes provisions for testing
dehumidifier energy use in off-cycle,
inactive, and off modes, and for
including energy consumption in those
modes in efficiency calculations.
Appendix X1 references sections of
AHAM DH–1–2022 for definitions,
instrumentation, and test procedure
requirements. AHAM DH–1–2022 is
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
48051
reasonably available from AHAM at
www.aham.org/AHAM/AuxStore.
The following standards appear in the
amendatory text of this document and
were previously approved for the
locations in which they appear: ANSI/
AMCA 210, ANSI/ASHRAE 41.1, and
IEC 62301.
V. Approval of the Office of the
Secretary
The Secretary of Energy has approved
publication of this final rule.
List of Subjects in 10 CFR Part 430
Administrative practice and
procedure, Confidential business
information, Energy conservation,
Household appliances, Imports,
Incorporation by reference,
Intergovernmental relations, Small
businesses.
Signing Authority
This document of the Department of
Energy was signed on July 11, 2023, by
Francisco Alejandro Moreno, Acting
Assistant Secretary for Energy Efficiency
and Renewable Energy, pursuant to
delegated authority from the Secretary
of Energy. That document with the
original signature and date is
maintained by DOE. For administrative
purposes only, and in compliance with
requirements of the Office of the Federal
Register, the undersigned DOE Federal
Register Liaison Officer has been
authorized to sign and submit the
document in electronic format for
publication, as an official document of
the Department of Energy. This
administrative process in no way alters
the legal effect of this document upon
publication in the Federal Register.
Signed in Washington, DC, on July 11,
2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S.
Department of Energy.
For the reasons stated in the
preamble, DOE amends part 430 of
Chapter II of Title 10, Code of Federal
Regulations as set forth below:
PART 430—ENERGY CONSERVATION
PROGRAM FOR CONSUMER
PRODUCTS
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.
2. Section 430.2 is amended by
revising the definitions of ‘‘Portable
dehumidifier’’ and ‘‘Whole-home
dehumidifier’’ to read as follows:
■
§ 430.2
*
E:\FR\FM\26JYR1.SGM
*
Definitions.
*
26JYR1
*
*
48052
Federal Register / Vol. 88, No. 142 / Wednesday, July 26, 2023 / Rules and Regulations
Portable dehumidifier means a
dehumidifier that, in accordance with
any manufacturer instructions available
to a consumer, operates within the
dehumidified space without the
attachment of additional ducting,
although means may be provided for
optional duct attachment.
*
*
*
*
*
Whole-home dehumidifier means a
dehumidifier that, in accordance with
any manufacturer instructions available
to a consumer, operates with ducting to
deliver return process air to its inlet and
to supply dehumidified process air from
its outlet to one or more locations in the
dehumidified space.
■ 3. Section 430.3 is amended by:
■ a. Removing the words ‘‘https://’’ and
‘‘https://’’ wherever they appear;
■ b. Revising paragraphs (a) and (i)(3);
■ c. Removing paragraph (o)(2);
■ d. Redesignating paragraphs (o)(3) and
(4) as paragraphs (o)(2) and (3),
respectively;
■ e. Revising paragraph (q)(6); and
■ f. Redesignating paragraph (q)(9) as
paragraph (q)(8).
The revisions read as follows:
lotter on DSK11XQN23PROD with RULES1
§ 430.3 Materials incorporated by
reference.
(a) Certain material is incorporated by
reference into this part with the
approval of the Director of the Federal
Register under 5 U.S.C. 552(a) and 1
CFR part 51. To enforce any edition
other than that specified in this section,
the U.S. Department of Energy (DOE)
must publish a document in the Federal
Register and the material must be
available to the public. All approved
incorporation by reference (IBR)
material is available for inspection at
the Department of Energy (DOE) and at
the National Archives and Records
Administration (NARA). Contact DOE
at: The U.S. Department of Energy,
Office of Energy Efficiency and
Renewable Energy, Building
Technologies Office, EE–5B, 1000
Independence Avenue SW, Washington,
DC 20585–0121, (202) 586–9127,
Buildings@ee.doe.gov, www.energy.gov/
eere/buildings/appliance-andequipment-standards-program. For
information on the availability of this
material at NARA, visit
www.archives.gov/federal-register/cfr/
ibr-locations.html or email
fr.inspection@nara.gov. The material
may be obtained from the sources in the
following paragraphs of this section.
*
*
*
*
*
(i) * * *
(3) AHAM DH–1–2022, Energy
Measurement Test Procedure for
VerDate Sep<11>2014
17:11 Jul 25, 2023
Jkt 259001
Dehumidifiers, copyright 2022; IBR
approved for appendix X1 to subpart B.
*
*
*
*
*
(q) * * *
(6) IEC 62301 (‘‘IEC 62301’’),
Household electrical appliances—
Measurement of standby power, (Edition
2.0, 2011–01); IBR approved for
appendices C1, C2, D1, D2, F, G, I, I1,
J, J2, N, O, P, Q, U, X1, Y, Y1, Z, BB,
CC, CC1, EE, and FF to subpart B.
*
*
*
*
*
■ 4. Section 430.23 is amended by
revising paragraph (z) to read as follows:
§ 430.23 Test procedures for the
measurement of energy and water
consumption.
*
*
*
*
*
(z) Dehumidifiers. (1) Determine the
capacity, expressed in pints/day,
according to section 5.2 of appendix X1
to this subpart.
(2) Determine the integrated energy
factor, expressed in L/kWh, according to
section 5.4 of appendix X1 to this
subpart.
(3) Determine the case volume,
expressed in cubic feet, for whole-home
dehumidifiers in accordance with
section 5.7 of appendix X1 of this
subpart.
*
*
*
*
*
Appendix X to Subpart B of Part 430
[Removed and Reserved]
5. Remove and reserve appendix X to
subpart B of part 430.
■ 6. Amend Appendix X1 to subpart B
of part 430 by:
■ a. Revising the introductory note;
■ b. Adding section 0;
■ c. Revising sections 2 and 3.1.1;
■ d. Removing section 3.1.1.2;
■ e. Redesignating sections 3.1.1.3
through 3.1.1.6 as sections 3.1.1.2
through 3.1.1.5;
■ f. Revising newly redesignated
sections 3.1.1.2 and 3.1.1.4;
■ g. Revising sections 3.1.2, 3.1.2.2.3.1,
3.1.2.2.3.2, 3.1.2.3, 3.2.2.1, 4.1.1, 4.1.2,
4.2, and 4.3;
■ h. Removing sections 4.3.1 and 4.3.2;
and
■ i. Revising section 5.4.
The revisions and additions read as
follows:
■
Appendix X1 to Subpart B of Part 430—
Uniform Test Method for Measuring the
Energy Consumption of Dehumidifiers
Note: After January 22, 2024, any
representations made with respect to the
energy efficiency of a dehumidifier must be
made in accordance with the results of
testing pursuant to this appendix.
Manufacturers conducting tests of a
dehumidifier prior to January 22, 2024, must
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
conduct such test in accordance with either
this appendix or the previous version of this
appendix as it appeared in the Code of
Federal Regulations on January 1, 2023. Any
representations made with respect to the
energy efficiency of such dehumidifier must
be in accordance with whichever version is
selected.
0. Incorporation by Reference
DOE incorporated by reference in § 430.3,
the entire standard for AHAM DH–1–2022,
ANSI/AMCA 210, ANSI/ASHRAE 41.1, and
IEC 62301; however, only enumerated
provisions of those documents are applicable
to this appendix. To the extent there is a
conflict between the terms or provisions of a
referenced industry standard and the CFR,
the CFR provisions control.
0.1
AHAM DH–1–2022
(a) Section 3 ‘‘Definitions’’, as specified in
sections 2 and 3.1.2 of this appendix.
(b) Section 4 ‘‘Instrumentation’’, as
specified in sections 3.1.1 and 3.1.2 of this
appendix.
(c) Section 5.1 ‘‘General’’, as specified in
sections 3.1.1 and 3.1.2 of this appendix.
(d) Section 5.2 ‘‘Test Room’’, as specified
in sections 3.1.1 and 3.1.2 of this appendix.
(e) Section 5.3 ‘‘Positioning of Test Unit’’,
as specified in sections 3.1.1 and 3.1.1.2 of
this appendix.
(f) Section 5.5 ‘‘Control settings’’, as
specified in sections 3.1.1, 3.1.1.4, and 3.1.2
of this appendix.
(g) Section 7 ‘‘Test Tolerances’’, as
specified in section 4.1.1 of this appendix.
(h) Section 8 ‘‘Capacity Test’’, as specified
in sections 4.1.1 and 4.1.2 of this appendix.
(i) Section 8.3 ‘‘Standard Test Voltage’’, as
specified in section 3.2.2.1 of this appendix.
(j) Section 8.4 ‘‘Psychrometer Placement’’,
as specified in section 3.1.1.2 of this
appendix.
(k) Section 9 ‘‘Energy Consumption’’, as
specified in sections 4.1.1 and 4.1.2 of this
appendix.
(l) Section 9.3.2 ‘‘Inactive/Off Mode’’, as
specified in section 4.2 of this appendix.
(m) Section 9.3.1 ‘‘Off-Cycle Mode’’, as
specified in section 4.3 of this appendix.
(n) Section 9.4 ‘‘Calculation of Test
Results’’, as specified in section 4.1.2 of this
appendix.
0.2
ANSI/AMCA 210
(a) Section 5.2.1.6 ‘‘Airflow straightener’’,
as specified in section 3.1.2.1 of this
appendix.
(b) Figure 6A ‘‘Flow Straightener—Cell
Type’’, as specified in section 3.1.2.1 of this
appendix.
(c) Section 4.2.2 ‘‘Pitot-static tube’’, as
specified in section 3.1.2.2.3.1 of this
appendix.
(d) Section 4.2.3 ‘‘Static pressure tap’’, as
specified in section 3.1.2.2.3.1 of this
appendix.
(e) Section 4.3.1 ‘‘Pitot Traverse’’, as
specified in section 3.1.2.2.3.1 of this
appendix.
(f) Section 4.3.2 ‘‘Flow nozzle’’, as
specified in section 3.1.2.2.3.1 of this
appendix.
E:\FR\FM\26JYR1.SGM
26JYR1
Federal Register / Vol. 88, No. 142 / Wednesday, July 26, 2023 / Rules and Regulations
(g) Section 7.5.2 ‘‘Pressure Losses’’, as
specified in section 3.1.2.2.3.1 of this
appendix.
(h) Section 7.3.1 ‘‘Velocity Traverse’’, as
specified in section 3.1.2.2.3.2 of this
appendix.
(i) Section 7.3.2 ‘‘Nozzle’’, as specified in
section 3.1.2.2.3.2 of this appendix.
(j) Section 7.3 ‘‘Fan airflow rate at test
conditions’’, as specified in section 5.6 of this
appendix.
0.3 ANSI/ASHRAE 41.1
(a) Section 5.3.5 ‘‘Centers of Segments—
Grids’’, as specified in section 3.1.2.2.1 of
this appendix.
(b) [Reserved]
0.4 IEC 62301
(a) Section 5.2 ‘‘Preparation of product’’, as
specified in section 3.2.1 of this appendix.
(b) Section 4.3.2 ‘‘Supply voltage
waveform’’, as specified in section 3.2.2.2 of
this appendix.
(c) Section 4.4 ‘‘Power measuring
instruments’’, as specified in section 3.2.3 of
this appendix.
(d) Section 4.2 ‘‘Test room’’, as specified in
section 3.2.4 of this appendix.
*
*
*
*
*
2. Definitions
Definitions for terms, modes, calculations,
etc. are in accordance with AHAM DH–1–
2022, section 3, with the following added
definitions:
Energy factor for dehumidifiers means a
measure of energy efficiency of a
dehumidifier calculated by dividing the
water removed from the air by the energy
consumed, measured in liters per kilowatthour (L/kWh).
External static pressure (ESP) means the
process air outlet static pressure minus the
process air inlet static pressure, measured in
inches of water column (in. w.c.).
Process air means the air supplied to the
dehumidifier from the dehumidified space
and discharged to the dehumidified space
after some of the moisture has been removed
by means of the refrigeration system.
Product capacity for dehumidifiers means
a measure of the ability of the dehumidifier
to remove moisture from its surrounding
atmosphere, measured in pints collected per
24 hours of operation under the specified
ambient conditions.
Product case volume for whole-home
dehumidifiers means a measure of the
rectangular volume that the product case
occupies, exclusive of any duct attachment
collars or other external components.
Reactivation air means the air drawn from
unconditioned space to remove moisture
from the desiccant wheel of a refrigerantdesiccant dehumidifier and discharged to
unconditioned space.
lotter on DSK11XQN23PROD with RULES1
*
*
*
*
*
3.1 * * *
3.1.1 Portable dehumidifiers and wholehome dehumidifiers other than refrigerant-
VerDate Sep<11>2014
17:11 Jul 25, 2023
Jkt 259001
desiccant dehumidifiers. The test apparatus
and instructions for testing in
dehumidification mode and off-cycle mode
must conform to the requirements specified
in Section 4, ‘‘Instrumentation,’’ section 5.1,
‘‘General,’’ section 5.2, ‘‘Test Room,’’ Section
5.3, ‘‘Positioning of Test Unit,’’ and section
5.5, ‘‘Control settings’’ of AHAM DH–1–2022,
with the following exceptions. If a product is
able to operate as either a portable or wholehome dehumidifier by means of removal or
installation of an optional ducting kit, in
accordance with any manufacturer
instructions available to a consumer, test and
rate both configurations.
*
*
*
*
*
3.1.1.2 Instrumentation placement. If
using a sampling tree, follow the
instrumentation placement instructions in
sections 5.3 and 8.4 of AHAM DH–1–2022.
If not using a sampling tree, place the
aspirating psychrometer or relative humidity
and dry-bulb temperature sensors
perpendicular to, and 1 ft. in front of, the
center of the process air intake grille. During
each test, use the psychrometer or relative
humidity and dry-bulb sensors to monitor
inlet conditions of only one unit under test.
When using relative humidity and dry-bulb
temperature sensors without sampling trees
to test a unit that has multiple process air
intake grilles, place a relative humidity
sensor and dry-bulb temperature sensor
perpendicular to, and 1 ft. in front of, the
center of each process air intake grille.
*
*
*
*
*
3.1.1.4 Control settings. Follow the
control settings instructions in section 5.5 of
AHAM DH–1–2022.
*
*
*
*
*
3.1.2 Refrigerant-desiccant
dehumidifiers. The test apparatus and
instructions for testing refrigerant-desiccant
dehumidifiers in dehumidification mode
must conform to the requirements specified
in section 3, ‘‘Definitions,’’ section 4,
‘‘Instrumentation,’’ and section 5.1,
‘‘General,’’ section 5.2, ‘‘Test Room,’’ and
section 5.5, ‘‘Control settings,’’ of AHAM
DH–1–2022, except as follows.
*
*
*
*
PO 00000
Frm 00023
Fmt 4700
Sfmt 4700
pressures at each pitot-static tube. When
using a flow nozzle or bank of nozzles, record
the pressure or in accordance with section
4.2.3.2, ‘‘Averaging,’’ of ANSI/AMCA 210.
Calculate duct pressure losses between the
unit under test and the plane of each static
pressure measurement in accordance with
section 7.5.2, ‘‘Pressure Losses,’’ of ANSI/
AMCA 210. The external static pressure is
the difference between the measured inlet
and outlet static pressure measurements,
minus the sum of the inlet and outlet duct
pressure losses. For any port with no duct
attached, use a static pressure of 0.00 in. w.c.
with no duct pressure loss in the calculation
of external static pressure. During
dehumidification mode testing, the external
static pressure must equal 0.20 in. w.c. ± 0.02
in. w.c.
3.1.2.2.3.2 Velocity pressure. Measure
velocity pressures using the same pitot
traverses or nozzles as used for measuring
external static pressure, which are specified
in section 3.1.2.2.3.1 of this appendix. When
using pitot-static tube traverses, determine
velocity pressures at each pitot-static tube in
a traverse as the difference between the
pressure at the impact pressure tap and the
pressure at the static pressure tap and
calculate volumetric flow rates in each duct
in accordance with section 7.3.1, ‘‘Velocity
Traverse,’’ of ANSI/AMCA 210. When using
a flow nozzle or a bank of flow nozzles,
calculate the volumetric flow rates in each
duct in accordance with section 7.3.2,
‘‘Nozzle,’’ of ANSI/AMCA 210.
*
*
*
*
*
3.1.2.3 Control settings. Follow the
control settings instructions in section 5.5 of
AHAM DH–1–2022.
*
*
*
*
*
3.2.2 * * *
3.2.2.1 Electrical supply. For the inactive
mode and off mode testing, maintain the
electrical supply voltage and frequency
indicated in section 8.3, ‘‘Standard Test
Voltage,’’ of AHAM DH–1–2022. The
electrical supply frequency shall be
maintained ±1 percent.
*
*
3.1.2.2.3.1 External static pressure.
Measure static pressures in each duct using
pitot-static tube traverses, a flow nozzle or a
bank of flow nozzles. For pitot-static tube
traverses, conform to the specifications in
section 4.3.1, ‘‘Pitot Traverse,’’ of ANSI/
AMCA 210 and section 4.2.2, ‘‘Pitot-Static
Tube,’’ of ANSI/AMCA 210, except use only
two intersecting and perpendicular rows of
pitot-static tube traverses. For a flow nozzle
or bank of flow nozzles, conform to the
specifications in section 4.3.2, ‘‘Flow
nozzle,’’ of ANSI/AMCA 210 and section
4.2.3, ‘‘Static pressure tap’’ of ANSI/AMCA
210. Record the static pressure within the test
duct as follows. When using pitot-static tube
traverses, record the pressure as measured at
the pressure tap in the manifold of the
traverses that averages the individual static
48053
*
*
*
*
4.1 * * *
4.1.1 Portable dehumidifiers and wholehome dehumidifiers other than refrigerantdesiccant dehumidifiers. Measure the energy
consumption in dehumidification mode,
EDM, in kilowatt-hours (kWh), the average
percent relative humidity, Ht, either as
measured using a relative humidity sensor or
using Tables 2 and 3 when using an
aspirating psychrometer, and the product
capacity, Ct, in pints per day (pints/day), in
accordance with the test requirements
specified in section 7, ‘‘Test Tolerances,’’
section 8, ‘‘Capacity Test,’’ and section 9,
‘‘Energy Consumption,’’ of AHAM DH–1–
2022, with two exceptions. First, the rating
test period must be 2 hours. Second,
maintain the standard test conditions as
shown in Table 1.
E:\FR\FM\26JYR1.SGM
26JYR1
48054
Federal Register / Vol. 88, No. 142 / Wednesday, July 26, 2023 / Rules and Regulations
TABLE 1 TO PARAGRAPH 4.1.1—STANDARD TEST CONDITIONS FOR DEHUMIDIFIER TESTING
Configuration
65 ± 2.0
73 ± 2.0
Portable dehumidifiers ...............................................................................................
Whole-home dehumidifiers ........................................................................................
When using relative humidity and dry-bulb
temperature sensors, for dehumidifiers with
Aspirating
psychrometer
Wet-bulb
temperature
(°F)
Dry-bulb
temperature
(°F)
multiple process air intake grilles, average
the measured relative humidities and average
Relative
humidity sensor
relative
humidity (%)
56.6 ± 1.0
63.6 ± 1.0
60 ± 2
60 ± 2
the measured dry-bulb temperatures to
determine the overall intake air conditions.
TABLE 2 TO PARAGRAPH 4.1.1—RELATIVE HUMIDITY AS A FUNCTION OF DRY-BULB AND WET-BULB TEMPERATURES FOR
PORTABLE DEHUMIDIFIERS
Dry-bulb temperature
(°F)
Wet-bulb temperature
(°F)
64.5
56.3
56.4
56.5
56.6
56.7
56.8
56.9
.......................................
.......................................
.......................................
.......................................
.......................................
.......................................
.......................................
60.32
60.77
61.22
61.66
62.4
62.56
63.01
64.6
64.7
59.94
60.38
60.83
61.27
61.72
62.17
62.62
59.57
60
60.44
60.89
61.33
61.78
62.23
64.8
59.17
59.62
60.06
60.5
60.95
61.39
61.84
64.9
58.8
59.24
59.68
60.12
60.56
61
61.45
65
65.1
58.42
58.86
59.3
59.74
60.18
60.62
61.06
65.2
58.04
58.48
58.92
59.36
59.8
60.24
60.68
65.3
57.67
58.11
58.54
58.98
59.42
59.86
60.3
65.4
57.3
57.73
58.17
58.6
59.04
59.48
59.92
56.93
57.36
57.8
58.23
58.67
59.1
59.54
65.5
56.56
56.99
57.43
57.86
58.29
58.73
59.16
TABLE 3 TO PARAGRAPH 4.1.1—RELATIVE HUMIDITY AS A FUNCTION OF DRY-BULB AND WET-BULB TEMPERATURES FOR
WHOLE-HOME DEHUMIDIFIERS
Dry-bulb temperature
(°F)
72.5
63.3
63.4
63.5
63.6
63.7
63.8
63.9
.......................................
.......................................
.......................................
.......................................
.......................................
.......................................
.......................................
60.59
60.98
61.37
61.76
62.16
62.55
62.94
72.6
lotter on DSK11XQN23PROD with RULES1
4.1.2 Refrigerant-desiccant
dehumidifiers. Establish the testing
conditions set forth in section 3.1.2 of this
appendix. Measure the energy consumption,
EDM, in kWh, in accordance with the test
requirements specified in section 8,
‘‘Capacity Test,’’ and section 9, ‘‘Energy
Consumption,’’ respectively, of AHAM DH–
1–2022, with the following exceptions and
adjustments:
(a) Each measurement of the temperature
and relative humidity of the air entering the
process air inlet duct and the reactivation air
inlet must be within 73 °F ± 2.0 °F dry-bulb
temperature and 60 percent ± 5 percent
relative humidity, and the arithmetic average
of the inlet test conditions over the test
period shall be within 73 °F ± 0.5 °F dry-bulb
temperature and 60 percent ± 2 percent
relative humidity;
VerDate Sep<11>2014
17:11 Jul 25, 2023
Jkt 259001
72.7
60.26
60.64
61.03
61.42
61.81
62.2
62.6
59.92
60.31
60.7
61.08
61.47
61.86
62.25
72.8
59.59
59.75
60.36
60.75
61.13
61.52
61.91
72.9
59.26
59.64
60.02
60.41
60.8
61.18
61.57
73
73.1
58.92
59.31
59.69
60.08
60.46
60.85
61.23
(b) Disregard the instructions for
psychrometer placement;
(c) Record dry-bulb temperatures, relative
humidities, static pressures, velocity
pressures in each duct, volumetric air flow
rates, and the number of measurements in the
test period;
(d) Disregard the requirement to weigh the
condensate collected during the test;
(e) The rating test period must be 2 hours;
and
(f) To perform the calculations in section
9.4, ‘‘Calculation of Test Results,’’ of AHAM
DH–1–2022:
(i) Replace ‘‘Condensate collected (lb)’’ and
‘‘mlb’’, with the weight of condensate
removed, W, as calculated in section 5.6 of
this appendix; and
(ii) Use the recorded relative humidities,
not the tables in section 4.1.1 of this
PO 00000
Frm 00024
Fmt 4700
Sfmt 4725
73.2
58.6
58.98
59.36
59.74
60.13
60.51
60.9
73.3
58.27
58.65
59.03
59.41
59.8
60.18
60.56
73.4
57.94
58.32
58.7
59.08
59.47
59.85
60.23
57.62
58
58.38
58.76
59.14
59.52
59.9
73.5
57.3
57.67
58.05
58.43
58.81
59.19
59.57
appendix, to determine average relative
humidity.
4.2 Off-cycle mode. Follow requirements
for test measurement in off-cycle mode of
operation in accordance with section 9.3.2 of
AHAM DH–1–2022.
4.3 Inactive and off mode. Follow
requirements for test measurement in
inactive and off modes of operation in
accordance with section 9.3.1 of AHAM DH–
1–2022.
*
*
*
*
*
5. * * *
5.4 Integrated energy factor. Calculate the
integrated energy factor, IEF, in L/kWh,
rounded to two decimal places, according to
the following:
E:\FR\FM\26JYR1.SGM
26JYR1
ER26JY23.017</GPH>
Wet-bulb temperature
(°F)
Federal Register / Vol. 88, No. 142 / Wednesday, July 26, 2023 / Rules and Regulations
Where:
Cr = corrected product capacity in pints per
day, as determined in section 5.2 of this
appendix;
2 = dehumidification mode test duration in
hours;
EDM = energy consumption during the 2-hour
dehumidification mode test in kWh, as
measured in section 4.1 of this appendix;
ETLP = annual combined low-power mode
energy consumption in kWh per year, as
calculated in section 5.3 of this
appendix;
1,095 = dehumidification mode annual
hours, used to convert ETLP to combined
low-power mode energy consumption
per hour of dehumidification mode;
1.04 = the density of water in pounds per
pint;
0.454 = the liters of water per pound of
water; and
24 = the number of hours per day.
*
*
*
*
*
[FR Doc. 2023–14980 Filed 7–25–23; 8:45 am]
BILLING CODE 6450–01–P
NATIONAL CREDIT UNION
ADMINISTRATION
12 CFR Part 701
RIN 3133–AF51
Federal Credit Union Bylaws
National Credit Union
Administration (NCUA).
ACTION: Final rule.
AGENCY:
On March 15, 2022, Congress
enacted the Credit Union Governance
Modernization Act of 2022 (Governance
Modernization Act). Under the statute,
the NCUA has 18 months following the
date of enactment to develop a policy by
which a Federal credit union (FCU)
member may be expelled for cause by a
two-thirds vote of a quorum of the
FCU’s board of directors. The NCUA
Board (Board) is issuing this final rule
to amend the standard FCU bylaws
(FCU Bylaws) to adopt such a policy.
DATES: The final rule is effective August
25, 2023.
FOR FURTHER INFORMATION CONTACT: John
Tamashiro, Director, Division of
Consumer Access; Paul Dibble,
Consumer Access Program Officer,
Office of Credit Union Resources and
Expansion; Lisa Roberson, Deputy
Director, Office of Consumer Financial
Protection; Rachel Ackmann, Senior
Staff Attorney; or Ian Marenna,
Associate General Counsel, Office of
General Counsel; 1775 Duke Street,
Alexandria, VA 22314–3428. John
Tamashiro can be reached at (703) 548–
2577, Paul Dibble can be reached at
(703) 664–3164, Lisa Roberson can be
reached at (703) 548–2466, Rachel
lotter on DSK11XQN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
17:11 Jul 25, 2023
Jkt 259001
Ackmann can be reached at (703) 548–
2601, and Ian Marenna can be reached
at (703) 518–6554.
SUPPLEMENTARY INFORMATION:
I. Background
Under the Federal Credit Union Act
(FCU Act) and standard FCU Bylaws
prior to the effective date of this final
rule, there were two ways a member
may be expelled, namely: (1) by a twothirds vote of the membership present at
a special meeting called for that
purpose, and only after the individual is
provided an opportunity to be heard;
and (2) for non-participation in the
affairs of the credit union, as specified
in a policy adopted and enforced by the
board.1 These requirements were set out
in the standard FCU Bylaws in
appendix A to part 701 of the NCUA’s
regulations.2
The FCU Bylaws were last amended
by the NCUA Board in 2019 (2019 FCU
Bylaws Final Rule).3 The 2019 FCU
Bylaws Final Rule was a comprehensive
update that sought to modernize, clarify,
and simplify the FCU Bylaws and was
the culmination of several years of
engagement between the NCUA and
factoring in an assessment of
stakeholder input. During the 2019 FCU
Bylaws Final Rule rulemaking, several
commenters expressed concern that the
FCU Act expulsion provisions discussed
previously made it difficult to
proactively limit security threats or
financial harm caused by violent,
belligerent, disruptive, or abusive credit
union members. Specifically,
commenters were concerned about the
burden from requiring members to call
a special meeting to seek to expel such
members.
The 2019 FCU Bylaws Final Rule,
however, did not modify the procedures
for expelling an FCU member as the
procedures for expelling a member are
governed by the FCU Act. Instead, the
2019 FCU Bylaws Final Rule added a
new section to the FCU Bylaws on
limiting services for certain members.
The 2019 FCU Bylaws Final Rule
created the concept of a ‘‘member in
good standing.’’ 4 So long as a member
U.S.C. 1764.
CFR part 701, appendix A. Section 108 of the
FCU Act requires the Board to prepare periodically
a form of bylaws for use by FCU incorporators and
to provide that form to FCU incorporators upon
request. 12 U.S.C. 1758. FCU incorporators must
submit proposed bylaws to the NCUA as part of the
chartering process. Once the NCUA has approved
an FCU’s proposed bylaws, the FCU must operate
according to its approved bylaws or seek agency
approval for a bylaw amendment that is not among
permissible options in the standard FCU Bylaws. 12
CFR 701.2(a).
3 84 FR 53278 (Oct. 4, 2019).
4 12 CFR part 701, appendix A, Art. II, sec. 5.
PO 00000
1 12
2 12
Frm 00025
Fmt 4700
Sfmt 4700
48055
remains in good standing, that member
retains all the rights and privileges
associated with FCU membership. A
member not in good standing, however,
may be subject to an FCU’s limitation of
services policy. For example, an FCU
may limit all or most credit union
services, such as ATM services, credit
cards, loans, share draft privileges,
preauthorized transfers, and access to
credit union facilities, to a member who
has engaged in conduct that has caused
a loss to the FCU or that threatens the
safety of credit union staff, facilities, or
other members in the FCU or its
surrounding property.
The 2019 FCU Bylaws Final Rule was
clear that certain actions warrant
immediate limitation of services or
access to credit union facilities, such as
violence against other credit union
members or credit union staff in the
credit union facility or the surrounding
property. The Board also stated clearly
that an FCU may immediately take
actions such as contacting local law
enforcement, seeking a restraining
order, or pursuing other lawful means to
protect the credit union, credit union
members, and staff. Nothing in the FCU
Act or the FCU Bylaws prevents an FCU
from using whatever lawful means it
deems necessary to address
circumstances in which a member poses
a risk of harm to the FCU, its property,
its members, or its staff and officials.
Even a member deemed not in good
standing, however, retains fundamental
rights as a credit union member. For
example, a member not in good standing
has the right to attend, participate in,
and vote at the annual and special
meetings of the members and the right
to maintain a share account.5 Those
rights may be terminated only through
a member’s expulsion, and the Board
explained in the 2019 FCU Bylaws Final
Rule that it cannot amend the statutorily
prescribed expulsion procedures for
members.
In March 2022, however, Congress
enacted the Governance Modernization
Act to revise the FCU Act procedures for
expelling members.6 The legislative
history of the Governance
Modernization Act focused on FCUs’
concerns that their ability to address
violent and aggressive behaviors of
certain members was inadequate. Like
comments raised during the 2019 FCU
Bylaws Final Rule rulemaking, the
legislative history included concerns
that FCUs lacked the tools to adequately
protect employees and other members
5 The Board understands that a restraining or
protective order from a court would bar a member
from attending such meetings in person.
6 Public Law 117–103 (Mar. 15, 2022).
E:\FR\FM\26JYR1.SGM
26JYR1
]]>Agencies
[Federal Register Volume 88, Number 142 (Wednesday, July 26, 2023)]
[Rules and Regulations]
[Pages 48035-48055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14980]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
10 CFR Part 430
[EERE-2019-BT-TP-0026]
RIN 1904-AE60
Energy Conservation Program: Test Procedure for Dehumidifiers
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (``DOE'') is amending its test
procedure for dehumidifiers to reference the current version of an
applicable industry standard; change the rating test period to be two
hours; permit the use of sampling trees in conjunction with an
aspirating psychrometer or relative humidity sensor; and provide
additional specification for testing dehumidifiers with network
capabilities. This rulemaking fulfills DOE's obligation to review its
test procedures for covered products at least once every seven years.
DATES: The effective date of this rule is August 25, 2023. The
amendments will be mandatory for product testing starting January 22,
2024.
The incorporation by reference of certain material listed in this
rule is approved by the Director of the Federal Register on August 25,
2023. The incorporation by reference of certain other materials listed
in this rule were approved by the Director of the Federal Register as
of April 6, 2012 and August 31, 2015.
ADDRESSES: The docket, which includes Federal Register notices, public
meeting attendee lists and transcripts, comments, and other supporting
documents/materials, is available for review at www.regulations.gov.
All documents in the docket are listed in the www.regulations.gov
index. However, not all documents listed in the index may be publicly
available, such as those containing information that is exempt from
public disclosure.
A link to the docket web page can be found at www.regulations.gov/docket/EERE-2019-BT-TP-0026. The docket web page contains instructions
on how to access all documents, including public comments, in the
docket.
For further information on how to review the docket contact the
Appliance and Equipment Standards Program staff at (202) 287-1445 or by
email: [email protected].
FOR FURTHER INFORMATION CONTACT:
Dr. Carl Shapiro, U.S. Department of Energy, Office of Energy
Efficiency and Renewable Energy, Building Technologies Office, EE-5B,
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone:
(202) 287-5649. Email: [email protected].
Mr. Peter Cochran, U.S. Department of Energy, Office of the General
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121.
Telephone: (202) 586-9496. Email: [email protected].
SUPPLEMENTARY INFORMATION: DOE maintains previously approved
incorporations by reference and incorporates by reference the following
industry standard into part 430:
AHAM Standard DH-1-2022, Energy Measurement Test Procedure for
Dehumidifiers, copyright 2022 (``AHAM DH-1-2022'').
A copy of AHAM DH-1-2022 can be obtained from the Association of
Home Appliance Manufacturers (``AHAM''), 1111 19th Street NW, Suite
402, Washington, DC 20036, (202) 872-5955; or www.aham.org.
For a further discussion of this standard, see section IV.N of this
document.
Table of Contents
I. Authority and Background
A. Authority
B. Background
II. Synopsis of the Final Rule
III. Discussion
A. General Comments
B. Scope of Applicability
1. Dehumidifier Configuration Definitions
2. Non-Residential Dehumidifiers
3. Dehumidifiers With External Heat Rejection
C. Test Procedure
1. Relevant Industry Standard
2. Updates to Industry Standards
3. Run-In and Pre-Stabilization Periods
4. Variable-Speed Dehumidifiers
5. Test Duration
6. Psychrometer Setup and Instrumentation
7. Whole-Home Dehumidifiers
8. Network Functions
9. Removal of Appendix X
D. Test Procedure Costs
1. Reduced Test Period
2. Sampling Tree
3. Other Amendments
E. Effective and Compliance Dates
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866 and 13563
B. Review Under the Regulatory Flexibility Act
C. Review Under the Paperwork Reduction Act of 1995
D. Review Under the National Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates Reform Act of 1995
H. Review Under the Treasury and General Government
Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under Treasury and General Government Appropriations
Act, 2001
K. Review Under Executive Order 13211
L. Review Under Section 32 of the Federal Energy Administration
Act of 1974
M. Congressional Notification
N. Description of Materials Incorporated by Reference
V. Approval of the Office of the Secretary
I. Authority and Background
Dehumidifiers are included in the list of ``covered products'' for
which DOE is authorized to establish and amend energy conservation
standards and test procedures. (42 U.S.C. 6293(b)(13); 42 U.S.C.
6295(cc)) DOE's energy conservation standards and test procedures for
dehumidifiers are
[[Page 48036]]
currently prescribed at 10 CFR 430.32(v); and 10 CFR part 430, subpart
B, appendix X (``appendix X'') and appendix X1 (``appendix X1''),
respectively. The following sections discuss DOE's authority to
establish test procedures for dehumidifiers and relevant background
information regarding DOE's consideration of test procedures for this
product.
A. Authority
The Energy Policy and Conservation Act, Public Law 94-163, as
amended (``EPCA''),\1\ authorizes DOE to regulate the energy efficiency
of a number of consumer products and certain industrial equipment. (42
U.S.C. 6291-6317) Title III, Part B of EPCA \2\ established the Energy
Conservation Program for Consumer Products Other Than Automobiles,
which sets forth a variety of provisions designed to improve energy
efficiency. These products include dehumidifiers, the subject of this
document. (42 U.S.C. 6291(34); 42 U.S.C. 6293(b)(13); 42 U.S.C.
6295(cc))
---------------------------------------------------------------------------
\1\ All references to EPCA in this document refer to the statute
as amended through the Energy Act of 2020, Public Law 116-260 (Dec.
27, 2020), which reflect the last statutory amendments that impact
Parts A and A-1 of EPCA.
\2\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated Part A.
---------------------------------------------------------------------------
The energy conservation program under EPCA consists essentially of
four parts: (1) testing, (2) labeling, (3) Federal energy conservation
standards, and (4) certification and enforcement procedures. Relevant
provisions of EPCA specifically include definitions (42 U.S.C. 6291),
test procedures (42 U.S.C. 6293), labeling provisions (42 U.S.C. 6294),
energy conservation standards (42 U.S.C. 6295), and the authority to
require information and reports from manufacturers (42 U.S.C. 6296).
The testing requirements consist of test procedures that
manufacturers of covered products must use as the basis for (1)
certifying to DOE that their products comply with the applicable energy
conservation standards adopted under EPCA (42 U.S.C. 6295(s)), and (2)
making other representations about the efficiency of those products (42
U.S.C. 6293(c)). Similarly, DOE must use these test procedures to
determine whether the products comply with any relevant standards
promulgated under EPCA. (42 U.S.C. 6295(s))
Federal energy efficiency requirements for covered products
established under EPCA generally supersede State laws and regulations
concerning energy conservation testing, labeling, and standards. (42
U.S.C. 6297) DOE may, however, grant waivers of Federal preemption for
particular State laws or regulations, in accordance with the procedures
and other provisions of EPCA. (42 U.S.C. 6297(d))
Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures
DOE must follow when prescribing or amending test procedures for
covered products. EPCA requires that any test procedures prescribed or
amended under this section shall be reasonably designed to produce test
results which measure energy efficiency, energy use, or estimated
annual operating cost of a covered product during a representative
average use cycle (as determined by the Secretary) or period of use and
shall not be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3))
EPCA also requires that, at least once every 7 years, DOE evaluate
test procedures for each type of covered product, including
dehumidifiers, to determine whether amended test procedures would more
accurately or fully comply with the requirements for the test
procedures to not be unduly burdensome to conduct and be reasonably
designed to produce test results that reflect energy efficiency, energy
use, and estimated operating costs during a representative average use
cycle or period of use. (42 U.S.C. 6293(b)(1)(A))
If the Secretary determines, on her own behalf or in response to a
petition by any interested person, that a test procedure should be
prescribed or amended, the Secretary shall promptly publish in the
Federal Register proposed test procedures and afford interested persons
an opportunity to present oral and written data, views, and arguments
with respect to such procedures. The comment period on a proposed rule
to amend a test procedure shall be at least 60 days and may not exceed
270 days. In prescribing or amending a test procedure, the Secretary
shall take into account such information as the Secretary determines
relevant to such procedure, including technological developments
relating to energy use or energy efficiency of the type (or class) of
covered products involved. (42 U.S.C. 6293(b)(2)) If DOE determines
that test procedure revisions are not appropriate, DOE must publish its
determination not to amend the test procedures. (42 U.S.C.
6293(b)(1)(A)(ii))
In addition, EPCA requires that DOE amend its test procedures for
all covered products to integrate measures of standby mode and off mode
energy consumption into the overall energy efficiency, energy
consumption, or other energy descriptor, unless the current test
procedure already incorporates the standby mode and off mode energy
consumption, or if such integration is technically infeasible. (42
U.S.C. 6295(gg)(2)(A)) If an integrated test procedure is technically
infeasible, DOE must prescribe separate standby mode and off mode
energy use test procedures for the covered product, if a separate test
is technically feasible. Id. Any such amendment must consider the most
current versions of the IEC 62301 \3\ and IEC Standard 62087 \4\ as
applicable. Id.
---------------------------------------------------------------------------
\3\ IEC 62301, Household electrical appliances--Measurement of
standby power (Edition 2.0, 2011-01).
\4\ IEC 62087, Audio, video and related equipment--Methods of
measurement for power consumption (Edition 1.0, Parts 1-6: 2015,
Part 7: 2018).
---------------------------------------------------------------------------
DOE is publishing this final rule in satisfaction of the 7-year
review requirement specified in EPCA. (42 U.S.C. 6293(b)(1)(A))
B. Background
DOE last amended the test procedure for dehumidifiers at appendix X
on July 31, 2015 (``July 2015 Final Rule''), to provide technical
clarifications and improve repeatability of the test procedure. 80 FR
45801. The July 2015 Final Rule also established a new test procedure
for dehumidifiers at appendix X1 that, among other things, changed the
test conditions for portable dehumidifiers and established separate
provisions for testing whole-home dehumidifiers. Id. Manufacturers were
not required to use appendix X1 until the compliance date of a
subsequent amendment to the energy conservation standards for
dehumidifiers. On June 13, 2016, DOE published a final rule
establishing amended energy conservation standards for dehumidifiers,
for which compliance, and the use of appendix X1, was required
beginning June 13, 2019. 81 FR 38337.
On June 30, 2021, DOE published in the Federal Register an early
assessment review request for information (``June 2021 RFI'') in which
it sought data and information regarding issues pertinent to whether an
amended test procedure would more accurately or fully comply with the
requirement that the test procedure produces results that measure
energy use during a representative average use cycle for the product
without being unduly burdensome to conduct. 86 FR 34640. DOE also
requested comments on specific topics relevant to the proposed
dehumidifier test procedure, including updates to industry test
standards, variable-speed dehumidifiers, psychrometer setup, network
functions, and ventilation air for whole-home dehumidifiers. Id.
[[Page 48037]]
On June 9, 2022, DOE published in the Federal Register a notice of
proposed rulemaking (``June 2022 NOPR'') proposing to reference the
current version of an applicable industry standard, allow the rating
test period to be two or six hours, permit the use of a sampling tree
in conjunction with an aspirating psychrometer or relative humidity
sensor, and specify for dehumidifiers with network capabilities that
all network functions must be disabled throughout testing. DOE
requested comments from interested parties on the proposal. 87 FR
35286. DOE held a public meeting related to the June 2022 NOPR on July
12, 2022.
In response to the June 2022 NOPR, DOE received comments from the
interested parties listed in Table II.1.
Table II.1--List of Commenters With Written Submissions in Response to the June 2022 NOPR
----------------------------------------------------------------------------------------------------------------
Reference in this final Comment No. in
Commenter(s) rule the Locket Commenter type
----------------------------------------------------------------------------------------------------------------
Anonymous............................... Anonymous................. 12 Individual.
Intertek Laboratories................... Intertek.................. 13 Test Laboratory.
Aprilaire, a division of Research Aprilaire................. 14 Manufacturer.
Products Corporation.
Madison Indoor Air Quality.............. MIAQ...................... 15 Manufacturer.
GE Appliances........................... GEA....................... 16 Manufacturer.
Association of Home Appliance AHAM...................... 17 Trade Association.
Manufacturers.
Appliance Standards Awareness Project, Joint Commenters.......... 18 Efficiency Organizations.
American Council for an Energy-
Efficient Economy, Consumer Federation
of America, Natural Resources Defense
Council, Northwest Energy Efficiency
Alliance.
----------------------------------------------------------------------------------------------------------------
A parenthetical reference at the end of a comment quotation or
paraphrase provides the location of the item in the public record.\5\
To the extent that interested parties have provided written comments
that are substantively consistent with any oral comments provided
during the July 12, 2022 public meeting, DOE cites the written comments
throughout this final rule. Any oral comments provided during the
webinar that are not substantively addressed by written comments are
summarized and cited separately throughout this final rule.
---------------------------------------------------------------------------
\5\ The parenthetical reference provides a reference for
information located in the docket of DOE's rulemaking to develop
test procedures for dehumidifiers. (Docket No. EERE-2019-BT-TP-0026,
which is maintained at www.regulations.gov). The references are
arranged as follows: (commenter name, comment docket ID number, page
of that document).
---------------------------------------------------------------------------
II. Synopsis of the Final Rule
In this final rule, DOE amends the test procedures for
dehumidifiers as follows:
(1) Incorporate by reference the most recent version of the
relevant industry test procedure, AHAM DH-1-2022, ``Energy Measurement
Test Procedure for Dehumidifiers'';
(2) Amend the definitions at 10 CFR 430.2 for ``portable
dehumidifier'' and ``whole-home dehumidifier'' to reference the
manufacturer instructions available to a consumer as they relate to the
ducting configuration and installation;
(3) Change the rating test period in sections 4.1.1, 4.1.2, and 5.4
of appendix X1 to 2 hours;
(4) Add a provision in section 3.1.1.2 of appendix X1 allowing for
the use of a sampling tree for all dehumidifier tests; and
(5) Add a requirement in section 3.1.2.4 of appendix X1 that
dehumidifiers be tested in accordance with Section 5.5 of AHAM DH-1-
2022, including with the network functions in the ``off'' position if
it can be disabled by the end-user; otherwise test in the factory
default setting.
(6) Remove appendix X and references to appendix X at 10 CFR 430.3
and 10 CFR 430.23.
The adopted amendments are summarized in Table II.1 compared to the
test procedure provision prior to the amendment, as well as the reason
for the adopted change.
Table II.1--Summary of Changes in the Amended Test Procedure
------------------------------------------------------------------------
DOE test procedure prior to the Amended test
amendment procedure Attribution
------------------------------------------------------------------------
Incorporates by reference ANSI/ Incorporates by Updated industry
AHAM DH-1-2008. reference AHAM DH- test method.
1-2022.
Defines ``portable Defines ``portable Improve clarity of
dehumidifier'' and ``whole-home dehumidifier'' definitions to
dehumidifier'' based on design and ``whole-home provide added
intent. dehumidifier'' by specificity to
reference to the product
manufacturer definitions.
instructions and
operational
capabilities.
Does not allow for the use of a Adds provision to Improve test
sampling tree for a allow for the use procedure
dehumidifier with a single of a sampling repeatability and
process air intake grille. tree for all reproducibility.
tests.
Specifies a test period of 6 Specifies a test Reduce test burden
hours for dehumidification mode. period of 2 hours while maintaining
for representativenes
dehumidification s.
mode.
Does not explicitly address Adds a requirement Ensure test
dehumidifiers with network to test procedure
functions. dehumidifiers reproducibility.
that offer
network functions
with the network
functions in the
``off'' position
if it can be
disabled by the
end-user;
otherwise test in
the factory
default setting.
Subpart B contains appendix X Removes appendix X Remove obsolete
and appendix X1. test procedure.
[[Page 48038]]
10 CFR 430.3 includes materials Removes materials Remove obsolete
incorporated by reference for incorporated by test procedure
appendix X. reference for references.
appendix X.
10 CFR 430.23(z) specifies Removes appendix X Remove obsolete
instructions for determining instructions at test procedure
capacity and efficiency using 10 CFR 430.23(z). references.
appendix X or appendix X1.
------------------------------------------------------------------------
DOE has determined that the amendments described in section III of
this document and adopted in this document will not alter the measured
efficiency of dehumidifiers or require retesting or recertification
solely as a result of DOE's adoption of the amendments to the test
procedures. Additionally, DOE has determined that the amendments will
not increase the cost of testing. DOE's actions are addressed in detail
in section III of this document.
The effective date for the amended test procedures adopted in this
final rule is 30 days after publication of this document in the Federal
Register. Representations of energy use or energy efficiency must be
based on testing in accordance with the amended test procedures
beginning 180 days after the publication of this final rule.
III. Discussion
In the following sections, DOE provides certain amendments to its
test procedures for dehumidifiers. For each amendment, DOE provides
relevant background information and discusses relevant public comments.
A. General Comments
In response to the June 2022 NOPR, DOE received the following
general comments regarding the proposed changes to the test procedure.
According to an anonymous commenter, the amended test procedure
should require the same level of rigor as the current one. (Anonymous,
No. 12 at p. (1)
DOE has evaluated the changes to the test procedure adopted in this
rulemaking and determined that they will not adversely affect test
procedure representativeness or reproducibility and will not be unduly
burdensome to conduct.
AHAM stated that the overlapping comment periods for this test
procedure rulemaking and the preliminary technical support document
from the dehumidifier energy conservation standards rulemaking posed a
challenge to manufacturers seeking to evaluate both documents. AHAM
stated that DOE should fully receive stakeholder comments on the test
procedure before proceeding with the energy conservation standards
rulemaking. AHAM commented that the current process diminishes the
value of stakeholder engagement early in the process. (AHAM, No. 17 at
pp. 4-5)
MIAQ supported the finalization of changes to the test procedure
before undertaking a new standards rulemaking. (MIAQ, No. 15 at p. 10)
Section 8(d)(1) of appendix A to 10 CFR part 430, subpart C
(``appendix A'') generally provides that new test procedures and
amended test procedures that impact measured energy use or efficiency
will be finalized at least 180 days prior to the close of the comment
period for a NOPR proposing new or amended energy conservation
standards. DOE will continue to conduct additional analyses based on
this finalized test procedure before proposing any new energy
conservation standards, and stakeholders will be provided an
opportunity to comment on any updated analysis as part of any proposal
published regarding new or amended standards.
B. Scope of Applicability
EPCA defines a dehumidifier as a self-contained, electrically
operated, and mechanically encased assembly consisting of (1) a
refrigerated surface (evaporator) that condenses moisture from the
atmosphere; (2) a refrigerating system, including an electric motor;
(3) an air-circulating fan; and (4) a means for collecting or disposing
of the condensate. (42 U.S.C. 6291(34)) In the July 2015 Final Rule,
DOE codified a regulatory definition of ``dehumidifier'' that clarified
the definition by excluding products that may provide condensate
removal or latent heat removal as a secondary function. 80 FR 45801,
45805. DOE, therefore, adopted a definition that explicitly excluded
portable air conditioners, room air conditioners, and packaged terminal
air conditioners, because these are products that may provide
condensate removal or latent heat removal as a secondary function.
Consumer products meeting the definition of ``dehumidifier'' as
codified at 10 CFR 430.2 are subject to DOE's regulations for testing,
certifying, and complying with energy conservation standards.
In the July 2015 Final Rule, DOE established definitions for two
groups of dehumidifiers: ``portable dehumidifiers'' and ``whole-home
dehumidifiers.'' 80 FR 45801, 45805. A ``portable dehumidifier'' is a
dehumidifier designed to operate within the dehumidified space without
ducting (although means may be provided for optional duct attachment).
10 CFR 430.2. A ``whole-home dehumidifier'' is a dehumidifier designed
to be installed with ducting to deliver return process air to its inlet
and dehumidified process air to one or more locations in the
dehumidified space. Id. The July 2015 Final Rule also established a
definition for ``refrigerant-desiccant dehumidifier'' to mean a whole-
home dehumidifier that removes moisture from the process air by means
of a desiccant material in addition to a refrigeration system. Id.
1. Dehumidifier Configuration Definitions
As stated, a whole-home dehumidifier is designed to be installed
with ducting while a portable dehumidifier is designed to operate
without the attachment of additional ducting, although a means may be
provided for optional duct attachment [emphasis added]. In the June
2022 NOPR, DOE stated that the ``designed to'' wording in these
definitions may imply that DOE makes subjective determinations about
how a dehumidifier is categorized, which may lead to confusion. 87 FR
35286, 35291. DOE proposed to amend the portable dehumidifier and
whole-home dehumidifier definitions to instead reference manufacturer
instructions available to a consumer as they relate to the ducting
configuration. Id. Specifically, DOE proposed to define a portable
dehumidifier as a dehumidifier that, in accordance with any
manufacturer instructions available to a consumer, operates within the
dehumidified space without the attachment of additional ducting,
although means may be provided for optional duct attachment. Id. DOE
proposed to define a whole-home dehumidifier as a dehumidifier that, in
accordance with any manufacturer
[[Page 48039]]
instructions available to a consumer, operates with ducting to deliver
return process air to its inlet and to supply dehumidified process air
from its outlet to one or more locations in the dehumidified space. Id.
DOE also proposed not to delineate a definition for ``crawlspace
dehumidifiers,'' as suggested by commenters, because of concerns that
such a definition would not only reduce regulatory transparency but
also create challenges for enforcement. Id.
The anonymous commenter supported the use of clear product
categories for dehumidifiers and specifically supported DOE's decision
not to create a ``crawlspace dehumidifier'' definition. The commenter
stated that new dehumidifier definitions that do not represent true
differences between units could lead to new retail price tiers, which
would negatively affect the secondary market. (Anonymous, No. 12 at p.
1)
MIAQ proposed that DOE change the configuration names from portable
dehumidifier and whole-home dehumidifier to ``ductless dehumidifier''
and ``ducted dehumidifier,'' respectively. MIAQ stated that these
changes to the definition would reduce market and regulatory confusion
and result in more units being tested using the most representative
conditions. MIAQ commented that its proposed ``ductless'' definition
would eliminate confusion around dehumidifiers intended for crawlspace
use, as these units meet the DOE definition of a portable dehumidifier
because manufacturers provide instructions for operation without
ducting, but industry stakeholders consider the units to be different
from portable dehumidifiers because they are often hung from joists or
placed in inaccessible areas. (MIAQ, No. 15 at pp. 2-3)
DOE notes that the currently applicable definition in 10 CFR 430.2,
as well as the definition proposed in the June 2022 NOPR and finalized
in this final rule, for ``portable dehumidifier'' expressly states that
such a dehumidifier is designed to operate within the dehumidified
space without ducting (although means may be provided for optional duct
attachment), thereby providing as much clarity in determining product
classification on the basis of duct configuration as would MIAQ's
proposed term ``ductless dehumidifier.'' Similarly, the definition of
``whole-home dehumidifier'' states that it is designed to be installed
with ducting (i.e., is a ``ducted dehumidifier''). Further, the
``portable'' and ``whole-home'' dehumidifier categories are widely
known and used in industry and are the basis of the current DOE energy
conservation standards. Additionally, the installation circumstances of
portable dehumidifiers mounted between joists do not in themselves
necessitate a change in test approach, as the portable dehumidifier
test conditions and test setup are representative of typical conditions
encountered by dehumidifiers without installed ducting. For these
reasons, DOE is maintaining the current nomenclature of ``whole-home''
and ``portable'' dehumidifiers in this final rule.
MIAQ also suggested that DOE remove the words ``to deliver return
process air to its inlet and'' from the whole-home dehumidifier
definition because whole-home dehumidifiers may be installed such that
they draw air from a single space, such as a basement or hallway,
rather than from the heating, ventilation, and air conditioning
(``HVAC'') return air supply. MIAQ said that if DOE removed ``to
deliver return process air to its inlet and'' from the whole-home
dehumidifier definition, it would suggest that some whole-home
dehumidifiers typically operate with inlet air conditions of 65 degrees
Fahrenheit (``[deg]F'') and 60 percent relative humidity. (MIAQ, No. 15
at pp. 3-4)
DOE recognizes that whole-home dehumidifiers may be installed in
various ducting configurations, as specified by manufacturers. These
include installation with inlet ducting connected to the HVAC supply,
as well as other sources of return air, (e.g., return air from a
centrally located area of the structure, as identified by MIAQ in their
comment), or other areas. DOE notes that whole-home dehumidifier
configurations that include ducting from either the HVAC return or from
other central locations in the dwelling both meet the existing whole-
home dehumidifier definition, as these units ``operate with ducting''
to collect return process air and supply dehumidified process air from
its outlet. As discussed in the June 2015 Final Rule, DOE considers an
inlet air temperature of 73 [deg]F, representing a whole-home
dehumidifier ducted to an HVAC return air supply, to be the most
representative test configuration for whole-home dehumidifiers. 80 FR
45802, 45811. In this way, DOE's whole-home dehumidifier test procedure
determines performance in the most representative configuration and
with the most representative test conditions. Therefore, in this final
rule, DOE is making no further amendments to the whole-home
dehumidifier definition beyond those proposed in the June 2022 NOPR and
discussed previously.
2. Non-Residential Dehumidifiers
In the June 2022 NOPR, DOE responded to comments suggesting that
DOE clarify how the current dehumidifier definitions apply to non-
residential dehumidifiers, such as horticultural dehumidifiers. 87 FR
35286, 35291. With respect to horticultural dehumidifiers and other
dehumidifiers marketed for non-residential applications, DOE noted that
dehumidifiers are ``consumer products.'' Id. EPCA defines a ``consumer
product'' as any article (other than an automobile, as defined in
section 32901(a)(3) of title 49) of a type (A) which in operation
consumes, or is designed to consume, energy or, with respect to
showerheads, faucets, water closets, and urinals, water; and (B) which,
to any significant extent, is distributed in commerce for personal use
or consumption by individuals; without regard to whether such article
of such type is in fact distributed in commerce for personal use or
consumption by an individual. (42 U.S.C. 6291(1)) Accordingly, DOE
stated in the June 2022 NOPR that to the extent that a dehumidifier
model is of a type distributed in commerce for personal use or use by
an individual, it would be within the scope of the dehumidifier test
procedure, regardless of how they are marketed and whether they are
distributed for personal or individual use. 87 FR 35286, 35291.
MIAQ also commented that the use of ``portable'' in the ``portable
dehumidifier'' definition could lead to confusion regarding the
applicability of appendix X1 to fire and flood remediation
dehumidifiers, which are portable but not intended for consumer use.
Further, MIAQ stated that changing the name of ``whole-home
dehumidifiers'' to ``ducted dehumidifiers'' would clearly indicate that
this product category is intended to be ducted dehumidifier whether
that unit is ducted into a home, apartment, or light commercial space
or any other space units in the product category can be found. (MIAQ,
No. 15 at pp. 2-3)
In response to MIAQ, DOE reiterates its discussion from the June
2022 NOPR that with respect to dehumidifiers marketed for non-
residential applications, such as horticultural, flood and fire
remediation, and light commercial uses, to the extent that a
dehumidifier model is of a type that is, to any significant extent,
distributed in commerce for personal use or use by an individual, it
would meet the definition of ``dehumidifier'' and would be within
[[Page 48040]]
the scope of the dehumidifier test procedure in accordance with the
definition of a consumer product in 42 U.S.C. 6291(1)(B), regardless of
how it is marketed and whether the model is distributed for personal or
individual use. To the extent that dehumidifiers marketed for non-
residential applications do not meet the definition of consumer
product, such as dehumidifiers that are connected exclusively to three-
phase power that is not present in U.S. households, they are excluded
from the DOE test procedure. DOE has not received any information from
commenters about specific features or designs that would differentiate
horticultural, fire and flood remediation, or non-residential
dehumidifiers from those within the scope of the DOE test procedure.
DOE has published guidance on making ``of a type'' determinations at
www.energy.gov/gc/enforcement-policies-and-statements, ``Guidance
Concerning Consumer/Commercial Distinction.'' A manufacturer may submit
a petition to waive any test procedure requirements if it believes that
its dehumidifier contains one or more design characteristics that
either (1) prevent testing of the basic model according to the
prescribed test procedure; or (2) cause the prescribed test procedure
to evaluate the dehumidifier in a manner so unrepresentative of its
true energy and/or water consumption characteristics as to provide
materially inaccurate comparative data. 10 CFR 430.27(a). The petition
should suggest an alternative method for testing the basic models
identified in the waiver. 10 CFR 430.27(b)(1)(iii).
3. Dehumidifiers With External Heat Rejection
In the June 2022 NOPR, DOE responded to a comment from MIAQ
suggesting that DOE consider a definition that includes dehumidifiers
with external heat rejection, which MIAQ described as units that
provide cool, dry air as an air conditioner does, except that the focus
is on obtaining the proper level of dehumidification first, and cooling
is a by-product of the process. 87 FR 35286, 35290. In response, DOE
explained that the primary function of an air conditioner is to provide
cooling by removing both sensible and latent heat, whereas a
dehumidifier is intended to remove only latent heat. Id. Accordingly,
portable air conditioners, room air conditioners, and packaged terminal
air conditioners are explicitly excluded in the existing definition of
``dehumidifier.'' These explicit exclusions include the unitary air
conditioning products of concern to MIAQ. Id. Any other non-
dehumidifier product on the market that would meet the definition of
``dehumidifier'' is already explicitly excluded. Id. Accordingly, DOE
tentatively determined that the explicit exclusions in the regulatory
definition of dehumidifier already address MIAQ's concern and therefore
did not propose to add any such exclusions to the dehumidifier
definition. Id.
In response to the June 2022 NOPR, MIAQ recommended that DOE revise
the dehumidifier definition by replacing the wording ``that is self-
contained'' with ``that is predominately intended to remove latent
heat.'' MIAQ commented that this change would acknowledge that there
are dehumidifiers that include external heat rejection with an outdoor
condenser and that these products provide cooling but, because their
primary purpose is dehumidification, they should be considered
dehumidifiers. MIAQ asserted that adding this phrase to the
dehumidifier definition would clarify that units with a primary
function of dehumidification should be certified as dehumidifiers.
(MIAQ, No. 15 at p. 2)
Following a review of the market, DOE is not aware of any
residential dehumidifiers on the market that are not self-contained.
With respect to latent heat removal, DOE reiterates its discussion from
the June 2022 NOPR that the primary function of an air conditioner is
to provide cooling by removing both sensible and latent heat, whereas a
dehumidifier is intended to remove only latent heat. 87 FR 35286,
35290. The dehumidifier definition explicitly excludes portable air
conditioners, room air conditioners, and packaged terminal air
conditioners to ensure that other non-dehumidifier products on the
market that would meet the definition of ``dehumidifier'' but primarily
provide cooling, do not meet the definition. These explicit exclusions
limit the dehumidifier definition to units that primarily remove latent
heat, instead of both sensible and latent heat. Accordingly, DOE has
determined that the explicit exclusions in the regulatory definition of
dehumidifier found in 10 CFR 430.2 already address MIAQ's concern.
Therefore, DOE is not adding exclusions to the dehumidifier definition
in this final rule.
C. Test Procedure
Dehumidifiers are currently tested in accordance with appendix X1,
which adopts certain text provisions from ANSI/AHAM DH-1-2008, with
modification. In part, the DOE test procedure specifies a different
dry-bulb temperature (65 [deg]F for portable dehumidifiers and 73
[deg]F for whole-home dehumidifiers) than ANSI/AHAM DH-1-2008, while
still maintaining the relative humidity specified by ANSI/AHAM DH-1-
2008, and specifies provisions for inactive, off-cycle, and off mode
testing. See sections 4.1.1 and 3.2 of appendix X1. Appendix X1 also
includes instructions regarding instrumentation, condensate collection,
control settings, setup, and ducting for whole-home dehumidifiers. See
sections 3.1.2.2; 3.1.1.4; 3.1.1.5; 3.1.1.1; and 3.1.3 of appendix X1.
Under the current test procedure, a unit's capacity is the volume
of water, in pints, the unit removes from the ambient air per day,
normalized to a standard ambient temperature and relative humidity. See
section 2.14 of appendix X1. The integrated energy factor (``IEF''),
representing the efficiency of the unit expressed in liters per
kilowatt-hour, is the ratio between the capacity and the combined
amount of energy consumed by the unit in dehumidification mode and
standby and/or off mode(s), adjusted for the representative number of
hours per year spent in each mode. See section 5.4 of appendix X1.
1. Relevant Industry Standard
Intertek recommended that the DOE test procedure reference ANSI/
American Society of Heating, Refrigerating and Air-Conditioning
Engineers (``ASHRAE'') 37 rather than ANSI/AMCA 210, as Intertek
believes that ANSI/ASHRAE 37 is more appropriate and accurate for
dehumidifiers. (Intertek, No. 13 at p. 1)
DOE has reviewed ANSI/ASHRAE 37-2009 (reaffirmed in 2019) and found
it to be largely consistent with the requirements from ANSI/AMCA 210,
used in appendix X1. DOE was not able to identify provisions in ANSI/
ASHRAE 37 that would improve the representativeness or reproducibility
of the whole-home dehumidifier test procedure, and Intertek did not
identify which provisions in ANSI/ASHRAE 37 are more appropriate for
the test procedure. Without additional information and given the
overall general consistency between the two standards, DOE is
maintaining ANSI/AMCA 210 as the test standard referenced in appendix
X1 for whole-home dehumidifiers.
2. Updates to Industry Standards
As discussed, the dehumidifier test procedure at appendix X1
references ANSI/AHAM DH-1-2008, an industry test procedure for
dehumidifiers, with modification. While ANSI/AHAM DH-
[[Page 48041]]
1-2008 provides instructions for testing portable dehumidifiers,
appendix X1 also references ANSI/AHAM DH-1-2008 when specifying test
setup and instrumentation requirements for whole-home dehumidifiers. In
2017, AHAM published a revision to AHAM DH-1, (i.e., AHAM DH-1-2017),
which established provisions for testing dehumidifier energy use in
off-cycle, inactive, and off modes, and for including energy
consumption in those modes in efficiency calculations. AHAM DH-1-2017
also added guidance for instrumentation setup, multiple air-intakes,
and control settings; lowered air temperature; and tightened
tolerances. Specifically, AHAM DH-1-2017 lowered the standard dry-bulb
temperature condition for dehumidifiers from 80 [deg]F (as in ANSI/AHAM
DH-1-2008) to 65 [deg]F (with the required wet-bulb temperature
changing accordingly to maintain the same relative humidity) and
tightened the maximum allowed variation for dry-bulb and wet-bulb
temperature readings from 2.0 [deg]F to 1.0 [deg]F and from 1.0 [deg]F
to 0.5 [deg]F, respectively. In the June 2022 NOPR, DOE requested
comment on the proposal to incorporate AHAM DH-1-2017 by reference.
DOE also noted in the June 2022 NOPR that the AHAM DH-1 task force
had released a publicly available draft version of the updated
standard, AHAM DH-1-2022, on March 30, 2022, but had not yet finalized
the standard. DOE had reviewed the changes to AHAM DH-1-2017 made in
the draft and either proposed to adopt the changes or raised them for
comment in the NOPR. DOE also stated that if AHAM DH-1-2022 was
finalized during the course of this rulemaking, DOE would consider
adopting that updated version in the final rule to the extent it is
consistent with the discussions presented in the NOPR. 87 FR 35286,
35292 (See also Public Meeting Transcript, No. 11 at pp. 8-10).
MIAQ supported DOE's proposal to incorporate AHAM DH-1-2017 by
reference. (MIAQ, No. 15 at p. 4)
AHAM recommended that DOE adopt a more recently updated version of
AHAM DH-1, (i.e., AHAM DH-1-2022), resulting from cooperation between
AHAM, DOE, and efficiency advocates. AHAM noted that AHAM DH-1-2022
addresses many of the issues that DOE raised in the June 2022 NOPR and
is consistent with EPCA's requirements that an amended test procedure
be reasonably designed to produce test results that represent an
average period of use and not unduly burdensome to conduct. (AHAM, No.
17 at pp. 1-2)
AHAM DH-1-2022 was finalized and published on December 12, 2022.
DOE has reviewed AHAM DH-1-2022 and found it is reasonably designed to
produce test results that represent an average period of use and not
unduly burdensome to conduct, and is therefore incorporating by
reference this version of the industry standard with the following
exceptions: the test duration, as discussed in section III.C.5 of this
document; the sampling tree requirements in section 8.4 of the
standard, as discussed in section III.C.6 of this document; and the
run-in period and pre-stabilization period requirements in sections 5.6
and 5.7 of the standard, discussed in the section that follows. DOE
further found that the provisions it is adopting in this final rule are
consistent with the 2017 edition of the standard and the discussions
presented in the June 2022 NOPR. of these exceptions and DOE's
amendments to the AHAM DH-1-2022 approach that are adopted in this
final rule are discussed below in the relevant sections.
3. Run-In and Pre-Stabilization Periods
Section 3.1.1.6 of the current appendix X1 requires a run-in
period, during which the compressor operates for a cumulative total of
at least 24 hours prior to dehumidification mode testing, consistent
with ANSI/AHAM DH-1-2008 and AHAM DH-1-2017. AHAM DH-1-2022 adds new
requirements for the run-in period in section 5.6 of the standard,
namely that the dehumidifier shall not be exposed to temperatures less
than 62 [deg]F during the run-in period, and that after the run-in
period, the unit must be inactive for 4 hours before the beginning of
the pre-stabilization period; a pre-stabilization period was also newly
introduced in AHAM DH-1-2022. The new pre-stabilization period,
discussed in section 5.7 of AHAM DH-1-2022, takes place between the
time a unit is turned on in the test chamber and the start of the 30-
minute stabilization period. AHAM DH-1-2022 also specifies that the
dehumidifier must not be exposed to temperatures less than 62 [deg]F
during the pre-stabilization period.
While not explicitly discussed in AHAM DH-1-2022, it is DOE's
understanding through participation in the process to develop AHAM DH-
1-2022 that these new provisions in AHAM DH-1-2022 are intended to
ensure that there is no frost build-up on the evaporator coils prior to
testing, which could directly reduce performance during the test or
result in periods of defrost during which a test unit may shut off the
compressor, resulting in further reduction in measured efficiency and
performance.
DOE has evaluated the additional test burden that would be
associated with the new provisions in AHAM DH-1-2022. These new
requirements in AHAM DH-1-2022 would increase the total time required
to test a dehumidifier by 4 hours compared to the current testing time
of approximately 30 hours. Furthermore, ensuring that the ambient
temperature remains above 62 [deg]F during the run-in period and pre-
stabilization period could require that the run-in period be conducted
in a different location in the laboratory that has better temperature
controls and monitoring rather than the current locations within the
test laboratory where they may be currently performed.
DOE has conducted an evaluation to determine whether the new
requirements in AHAM DH-1-2022 would satisfy the EPCA criteria that
test procedures produce test results that measure energy efficiency,
energy use, or estimated annual operating cost of a covered product
during a representative average use cycle or period of use, without
being unduly burdensome to conduct. (42 U.S.C. 6293(b)(3))
Specifically, DOE reviewed testing that was conducted in support of
this rulemaking to determine whether the addition of the pre-
stabilization period and the temperature requirement for the run-in
period would improve the representativeness of test results. DOE's
review of its test data indicates that the 30-minute stabilization
period conducted in the chamber at the test temperature of 65 [deg]F,
during which all conditions are maintained and the test unit operates
in a stable manner, is sufficient to produce test results that measure
the energy use of a dehumidifier during a representative average use
cycle or period of use, as none of the dehumidifiers tested entered
defrost operation at any time during the test. Because DOE does not
expect frost to develop during testing that would necessitate a defrost
operation, the additional test time and test requirements would not
change the performance measured by the test procedure. Furthermore, as
discussed in section III.C.5 of this document, DOE considers defrost
operation in dehumidifiers to be uncharacteristic of typical
dehumidifier operation at the 65 [deg]F test condition. Based on this
evaluation, DOE has determined that the new requirements in AHAM DH-1-
2022 would not provide an improvement in representativeness
commensurate with the additional test burden that would be imposed, and
[[Page 48042]]
therefore would be unduly burdensome. As the new AHAM DH-1-2022 run-in
and pre-stabilization requirements do not conflict with the current
appendix X1 requirements, manufacturers may choose to test units in
accordance with the AHAM DH-1-2022 run-in and pre-stabilization
requirements and still comply with the DOE test procedure. Therefore,
DOE is maintaining the current appendix X1 run-in period requirements
in this final rule.
4. Variable-Speed Dehumidifiers
a. Variable-Speed Compressors
Some dehumidifiers available on the U.S. market incorporate
variable-speed compressors (i.e., ``variable-speed dehumidifiers''). A
variable-speed compressor can operate at a variety of speeds rather
than just the single speed achievable by conventional compressors. A
single-speed compressor cycles on and off during operation, which can
introduce inefficiencies in performance often referred to as ``cycling
losses,'' whereas a variable-speed compressor is able to adjust its
speed up or down during operation, thereby reducing or eliminating
cycling losses. Variable-speed dehumidifiers may avoid condensate re-
evaporation into the ambient room air, which can occur when a
dehumidifier cycles off its compressor but not its fan during off-cycle
mode. The current test procedure in appendix X1 does not capture any
``cycling losses'' for single-speed dehumidifiers (nor, conversely,
does it capture the avoidance of such losses for variable-speed
dehumidifiers) because the test unit operates at full capacity
throughout the test.
In the June 2022 NOPR, DOE evaluated whether the avoidance of
``cycling losses'' for variable-speed dehumidifiers provides
significant energy savings that should be captured by the test
procedure, as in the case of room air conditioners and portable air
conditioners. Based on DOE's evaluation, and consistent with the points
raised by commenters, DOE tentatively determined in the June 2022 NOPR
that variable-speed dehumidifiers may not be able to achieve
significant efficiency gains over single-speed units, given that
dehumidifiers must maintain evaporator temperatures below the dew point
to efficiently remove water from the air. 87 FR 35286, 35293. DOE
noted, however, that there could be some efficiency gains if the
variable-speed compressor is inherently more efficient. DOE requested
information and data regarding any efficiency and performance benefits
associated with variable-speed dehumidifiers, both generally and
relative to those with single-speed dehumidifiers. Id.
DOE did not receive additional information and data regarding any
efficiency and performance benefits associated with variable-speed
dehumidifiers and therefore is not adopting additional test procedure
provisions to address their operation.
b. Multiple Test Conditions
The current test procedure specified in appendix X1 requires one
test condition for each category of dehumidifier: a dry-bulb
temperature of 65 [deg]F for portable dehumidifiers and 73 [deg]F for
whole-home dehumidifiers. See section 4.1.1 of appendix X1.
In the June 2022 NOPR, in response to comments submitted by
interested parties, DOE considered expanding the portable dehumidifier
test to three test conditions. 87 FR 35286, 35296-35297. DOE discussed
its findings through investigative testing that a three-temperature-
condition approach resulted in no substantive improvement in
representativeness compared to the current test procedure that uses a
single temperature condition. Id. Accordingly, DOE tentatively
determined that the increase in test burden associated with requiring
multiple test conditions would not be justified, and DOE did not
propose any new test conditions in the June 2022 NOPR. Id.
Aprilaire supported maintaining a single-temperature-condition test
procedure for each dehumidifier configuration. Aprilaire stated that
additional test conditions would result in unwarranted test burden in
the form of lengthened product design cycles and added quality control
costs. (Aprilaire, No. 14 at p. 1)
MIAQ stated that a three-temperature-condition test would be more
representative of the average period of use for a dehumidifier and
supported expanding the number of test conditions required. MIAQ noted
that dehumidifiers can have a variety of inlet process air conditions
depending on their installation configuration or placement within a
home. MIAQ stated that more test conditions would provide additional
information to consumers and industry stakeholders while not
constituting an unnecessary test burden. (MIAQ, No. 15 at pp. 4-5)
As discussed in the June 2022 NOPR, while dehumidifiers may
encounter temperatures between 55 [deg]F and 80 [deg]F depending on
their installation and operating conditions, DOE's investigative
testing showed that when additional test conditions were added and
performance at these test conditions was weighted based on the
operating hours DOE expected at each test condition, the resulting
efficiency corresponded very closely to the measured efficiency at 65
[deg]F using the existing test procedure. 87 FR 35286, 35296-35297.
This result suggests that the current single test condition already
produces a measure of efficiency that is representative of dehumidifier
performance across the range of temperature conditions it may
encounter. Therefore, DOE maintains its conclusion that the weighted-
average performance based on additional test conditions is not
substantively different than the performance represented by the current
single-temperature-condition test procedure. Accordingly, DOE has
determined that the additional test burden that would be associated
with a three-temperature-condition test would be unduly burdensome.
Therefore, in this final rule, DOE is maintaining the existing single-
temperature-condition test approach in appendix X1.
c. Load-Based Test
Under the current test procedure, temperature and humidity
conditions are held constant throughout the test (i.e., a steady-state
test). As such, the test unit operates at full capacity throughout the
duration of the test.
In the July 2015 Final Rule, DOE considered a load-based test for
dehumidifiers, which would capture cycling behavior in dehumidifiers
with single-speed compressors or compressor speed modulation for
variable-speed dehumidifiers. The load-based test would involve adding
moisture to the test chamber at a fixed rate and allowing the control
system of the dehumidifier to respond to changing moisture levels in
the room. 80 FR 45801, 45809. DOE determined not to adopt a load-based
test for the dehumidifier test procedure in the July 2015 Final Rule,
due to concerns about the potential increase in test burden. Id. at 80
FR 45810.
In the June 2022 NOPR, DOE presented the results of investigative
testing using a load-based approach. 87 FR 35286, 35298-35299. The
testing did not show that variable-speed dehumidifiers were more
efficient than single-speed dehumidifiers. This finding corresponded
with the evaluation discussed above that variable-speed dehumidifiers
do not have any unique efficiency benefits over single-speed
dehumidifiers. In the June 2022 NOPR, DOE tentatively concluded that
load-based testing was not appropriate for appendix X1 because the
increases in test burden were not justified by improvements in test
representativeness. Id.
[[Page 48043]]
Aprilaire agreed that load-based testing should not be implemented
in appendix X1 due to novel testing challenges associated with load-
based testing. Aprilaire stated that overcoming these challenges would
represent a significant test burden and could limit competition because
smaller manufacturers may not be able to conduct load-based testing.
(Aprilaire, No. 14 at pp. 1-2)
MIAQ stated that it does not produce dehumidifiers with variable-
speed dehumidifiers. MIAQ commented that the most efficient way to
operate a dehumidifier is to operate at full capacity and that
reductions in dehumidification capacity due to variable-speed operation
are hard for users to perceive and have little effect on mold or mildew
control. Because variable-speed dehumidifiers offer little consumer
benefit, MIAQ stated that load-based testing would constitute an
unnecessary test burden. (MIAQ, No. 15 at pp. 5-6)
The anonymous commenter supported load-based testing. (Anonymous,
No. 12 at p. 1)
The Joint Commenters encouraged DOE to continue investigating load-
based testing for dehumidifiers. While DOE did not find that load-based
testing captured any unique efficiency of variable-speed dehumidifiers,
the Joint Commenters noted that the discrepancy between the performance
of the single-speed and variable-speed units under load-based testing
suggests that the current DOE test procedure may overestimate the real-
world efficiency of variable-speed units. (Joint Commenters, No. 18 at
pp. 1-2; Appliance Standards Awareness Project, Public Meeting
Transcript, No. 11 at pp. 25-26)
DOE's testing showed that as the moisture load (i.e., the rate at
which moisture was introduced to the test room) decreased below the
full-load dehumidification capacity of the dehumidifiers tested, the
efficiency of both the single-speed and variable-speed dehumidifiers
decreased. As the load decreased, the efficiency of the variable-speed
dehumidifier decreased by a greater amount than for the single-speed
dehumidifier, contrary to any initial expectation that the variable-
speed dehumidifier would operate more efficiently than the single-speed
dehumidifier at reduced loads. 87 FR 35286, 35299. This result
confirmed DOE's understanding that variable-speed dehumidifiers do not
offer efficiency benefits relative to single-speed dehumidifiers.
However, the finding that the variable-speed dehumidifier performed
less efficiently than the single-speed dehumidifier at the same
conditions was unexpected, given DOE's understanding that variable-
speed and single-speed dehumidifiers typically operate in the same
manner in real-world conditions (i.e., cycling the compressor on and
off to maintain the relative humidity setpoint). This result from
testing a single variable-speed and single-speed dehumidifier suggests
that future investigation may be warranted to better understand any
differences between variable-speed and single-speed dehumidifier
performance at such time that additional variable-speed dehumidifiers
are available for testing.
AHAM requested that DOE provide test data from load-based testing
on the record, along with details of the load-based test procedure
used. Specifically, AHAM requested data regarding the test conditions
(dry-bulb temperature, etc.), general information about test setup
including dehumidifier set point, use of manufacturer settings, type of
test room, rate of moisture load change, method of moisture load
control and monitoring, and whether DOE conducted a repeatability
assessment. (AHAM, No. 17 at p. 4)
In response to AHAM's request, DOE describes its investigative
load-based testing process. DOE conducted the investigative load-based
testing for this rulemaking with the test chamber at the appendix X1
portable dehumidifier test conditions--65 [deg]F dry-bulb and 56.6
[deg]F wet-bulb. The dehumidifiers were set using user controls to
maintain a 60-percent relative humidity in the room. The testing was
conducted in a calorimeter chamber in order to achieve the precise
level of moisture control necessary to conduct load-based testing,
because as discussed in the June 2022 NOPR, psychrometer chambers lack
the equipment and controls necessary to maintain a given moisture load
(see 87 FR 35286, 35297). DOE did not conduct tests with a dynamically
variable moisture load, but instead collected performance data with the
moisture introduction rate held fixed at percentages of the full-load
dehumidification capacity of each tested unit. The testing was
conducted in a calorimeter chamber in order to achieve the precise
level of moisture control necessary to conduct load-based testing. DOE
tested two dehumidifiers with comparable capacities from the same
manufacturer, one with a variable-speed compressor and one with a
single-speed compressor. This investigative testing effort included
testing each unit once at each of the four tested moisture load
conditions (100 percent, 75 percent, 50 percent, and 25 percent of the
full-load dehumidification capacity for the unit under test). 87 FR
35286, 35298.
Based on DOE's finding discussed in the June 2022 NOPR that load-
based testing does not improve the representativeness of the
dehumidifier test procedure, concerns about the potential significant
increase in test burden, and in the absence of any additional data from
commenters showing the viability of load-based testing, DOE is not
prescribing a load-based test in appendix X1 in this final rule.
5. Test Duration
Appendix X1 requires a test duration of 6 hours for the
dehumidification mode test, after a 30-minute stabilization period. See
section 5.4 of appendix X1. In the June 2022 NOPR, DOE discussed that
DOE and AHAM's DH-1 working group identified an opportunity to reduce
this test duration, thereby reducing test burden. 87 FR 35286, 35299-
35300. To identify a potential shorter test duration that could be
considered, DOE conducted investigative testing on 13 portable
dehumidifiers of varying capacities, one of which was variable-speed,
at the 65 [deg]F dry-bulb temperature, in accordance with appendix X1.
DOE used the gravity drain condensate collection approach in appendix
X1 and recorded the weight of the condensate collected every 30
seconds. See section 3.1.1.4 of the current appendix X1. DOE was,
therefore, able to calculate energy consumption and collected
condensate at any of the 30-second intervals throughout the 6-hour test
and did so at each hour of testing.
The results of DOE's testing indicated that capacity and efficiency
vary only slightly from the 6-hour test results when using shorter test
durations. This investigative testing suggested that a 6-hour
dehumidification mode test duration for portable dehumidifiers may be
unnecessary, as the data showed there is minimal difference in measured
efficiency between the 2-hour and 6-hour test durations. DOE
tentatively determined that a 2-hour test duration is appropriate for
both whole-home dehumidifiers and portable dehumidifiers and would
provide representative results with minimized test burden. DOE also
recognized, however, that removing the requirement for a 6-hour test
duration would require recertification for units previously certified
under a test duration of 6 hours. Therefore, in the June 2022 NOPR, DOE
proposed a dehumidification mode test duration of either 2 or 6 hours
for both portable and whole-home dehumidifiers. 87 FR
[[Page 48044]]
35286, 35299-35300. DOE notes that AHAM DH-1-2022 contains the same
provision specifying either a 2-hour or 6-hour test.
Aprilaire supported DOE's proposal to add a 2-hour test option and
stated that based on its testing experience, results for both portable
and whole-home dehumidifiers at this shorter test duration would not
vary significantly. (Aprilaire, No. 14 at p. 2)
MIAQ stated that the variation in power use and condensate
collected over the course of tests on two units running for 2, 3, 4, 5,
and 6 hours was under 4 percent for all test durations. MIAQ noted that
neither unit entered a defrost cycle during this testing and stated
that a 4-hour or 6-hour test would be more appropriate for a unit that
enters a defrost cycle. MIAQ stated that reducing the required test
time to 2 hours would represent a reduction in test burden, mainly in
the form of saved technician hours. The reduced test burden could allow
2-3 times more tests to be conducted per day for the same cost. (MIAQ,
No. 15 at pp. 6, 9)
AHAM stated that a 2-hour test duration would result in a loss of
test repeatability and reproducibility for dehumidifiers that enter
defrost during the test. AHAM noted that defrost cycles are within
typical use conditions and should be considered in the DOE test
procedure. AHAM commented that in a 2-hour test, a defrost cycle could
account for 30 minutes of the 2-hour test, or 25 percent of the total
test time; whereas, in a 6-hour test, this 30-minute cycle would only
account for 8 percent of the test time, resulting in a higher
efficiency rating more representative of the actual percentage of time
spent by dehumidifiers in defrost cycles in the field. AHAM generally
favored test procedure amendments that decrease test burden but
commented that in this case, the 2-hour test period is more likely to
cause a failed test or force manufacturers to conservatively rate their
products to avoid false findings of noncompliance. AHAM asked whether
DOE would conduct enforcement testing using the test duration used in
the certification test or whether the verification laboratory would be
able to choose the duration used. Because of the potential impacts on
measured efficiency, AHAM stated that if DOE proceeds with the proposed
2-hour test duration, DOE should require compliance with the revised
test procedure when the amended energy conservation standards next come
into effect. (AHAM, No. 17 at p. 3)
GEA presented data detailing the performance of how a dehumidifier
entering defrost mode impacts the measured efficiency over a number of
test durations, with lower impacts associated with longer test
durations. GEA's data showed a decrease in variance in efficiency
results of approximately 5 percent in a 2-hour test down to
approximately 2 percent in a 6-hour test. According to GEA, these data
show that a 2-hour test option would have an unacceptable amount of
variance due to the impact of defrost cycles. GEA supported AHAM's
position that the test procedure should include only a 6-hour test
option, which would reduce these impacts to an appropriate level. (GEA,
No. 16 at p. 1)
DOE recognizes that 30 minutes of defrost activity within a 2-hour
test would be likely to impact the final measured efficiency, given
that 30 minutes would represent a significant portion of a 2-hour test
period. However, DOE notes that the defrost operation shown in GEA's
data appears to occur roughly 5 hours and 30 minutes into the test
duration, suggesting that the defrost operation would not affect the
result of a 2-hour test for this GEA unit. Additionally, based on
extensive testing in support of this rulemaking, DOE has not observed
defrost behavior in any models at the appendix X1 test conditions.
Specifically, none of the 13 units that DOE tested in support of this
rulemaking entered defrost operation at any point during the test.
Based on these observations, DOE concludes that defrost operation is
uncharacteristic of dehumidifier operation while conducting the
appendix X1 test procedure. While the data provided by GEA does show a
unit entering defrost operation, it is unclear which model was tested,
which test procedure was performed, and whether the model that was
tested is currently on the market and certified to the currently
applicable appendix X1. As discussed above, no units in DOE's sample of
dehumidifiers, containing models representative of products on the
market certified using the currently applicable appendix X1, entered
defrost operation during the test. Therefore, DOE finds that a 2-hour
test duration produces test results that are representative of
dehumidifier operation by consumers.
For the reasons discussed in the June 2022 NOPR, and in
consideration of comments as discussed in this section, DOE has
concluded that a 2-hour test duration produces test results that are
comparable to test results produced by a 6-hour test duration, that
test results produced by a 2-hour test duration are representative of
dehumidifier operation by consumers, and that a 2-hour test duration
would reduce test burden as compared to a 6-hour test duration. As
discussed above, DOE does not consider defrost operation to be
characteristic of dehumidifiers at the DOE test condition, so DOE has
concluded that retaining the 6-hour test option is not necessary to
maintain test procedure representativeness or reproducibility nor would
adopting a 2-hour test duration require re-testing of any currently
certified dehumidifier, given that measured performance would be
comparable under a 2-hour and 6-hour test. Retaining the option of
either a 2-hour or 6-hour test duration could create ambiguity
regarding which test duration should be used for certification, as
noted in AHAM's comments. Accordingly, in this final rule, DOE is
adopting a 2-hour test duration requirement for appendix X1. DOE is not
maintaining an option to perform a 6-hour test, as was proposed in the
June 2022 NOPR.
6. Psychrometer Setup and Instrumentation
Appendix X1, through reference to section 4 ``Instrumentation'' of
ANSI/AHAM DH-1-2008, requires dehumidifiers with a single air intake to
be monitored with an aspirating-type psychrometer \6\ perpendicular to,
and 1 foot in front of, the unit; and, in the case of multiple air
intakes, monitored with a separate sampling tree. See sections 3.1.1,
3.1.1.2, 3.1.1.3 of appendix X1.
---------------------------------------------------------------------------
\6\ In an aspirating-type psychrometer, a wet-bulb and a dry-
bulb thermometer are mounted inside a case that also contains a fan.
The fan draws air across both thermometers, and the resulting wet-
bulb and dry-bulb temperatures are used to determine the percent
relative humidity.
---------------------------------------------------------------------------
The test procedure at appendix X1 does not currently permit the use
of a sampling tree in conjunction with an aspirating psychrometer to
measure relative humidity for portable dehumidifiers with a single air
inlet. In the July 2015 Final Rule, DOE was unable to conclude whether
using a psychrometer only or using a psychrometer in conjunction with a
sampling tree would produce the most repeatable results. 80 FR 45802.
DOE is aware, however, that using a sampling tree with an
aspirating psychrometer is standard practice for many test laboratories
when conducting psychrometric testing. Therefore, in the June 2022
NOPR, DOE proposed to allow measurements taken using an aspirating
psychrometer or relative humidity sensor with a sampling tree in
appendix X1 for dehumidifiers with a single air inlet, which is
required in the currently applicable test procedure for dehumidifiers
with multiple air inlets. 87 FR 35286, 35302.
[[Page 48045]]
Aprilaire supported DOE's proposal to allow use of an aspirating
psychrometer in conjunction with a sampling tree to measure humidity.
Aprilaire stated that this sort of apparatus is common and familiar in
the HVAC industry. (Aprilaire, No. 14 at p. 2)
MIAQ supported DOE's proposal of allowing relative humidity
measurements taken using an aspirating psychrometer with sampling tree
in appendix X1 for dehumidifiers with a single air inlet. (MIAQ, No. 15
at pp. 6-7)
AHAM stated that sampling trees should be required for both
psychrometer testing (as was proposed) and for relative humidity
sensors. AHAM claimed that use of sampling trees leads to more
representative results by sampling across the entire inlet air of the
dehumidifier and noted that sampling trees are already required in the
test procedures for other HVAC equipment. AHAM stated that multiple
measurement points are needed to produce representative results because
dehumidifiers measure air temperature and humidity using air from a
wider inlet area, not a single point. (AHAM, No. 17 at p. 2)
These comments support DOE's understanding that using a sampling
tree with an aspirating psychrometer is already standard practice for
many test laboratories when testing dehumidifiers; effectively measures
the inlet operating conditions for a dehumidifier while under test,
both for units with a single air inlet and for units with multiple air
inlets; and facilitates the determination of representative
dehumidifier performance. Therefore, for the reasons discussed in the
June 2022 NOPR and summarized above, DOE is permitting the use of
sampling trees in conjunction with either an aspirating psychrometer or
relative humidity sensor for all dehumidifier test configurations in
appendix X1. DOE is not aware of data that quantify any benefits that
sampling trees may provide over a single point measurement and is thus
unable to determine if requiring sampling trees for all dehumidifier
tests, as AHAM suggests, would be unduly burdensome for test
laboratories that currently use single-point aspirating psychrometer or
relative humidity sensor measurements. Therefore, to avoid imposing an
undue test burden, DOE is allowing the test procedure to be conducted
with or without sampling trees in appendix X1 in this final rule, when
using either an aspirating psychrometer or relative humidity sensor.
In addition to the proposal to allow sampling trees in conjunction
with aspirated psychrometer testing, DOE proposed in the June 2022 NOPR
to require that the sensing elements within the psychrometer box be
shielded or positioned to minimize radiation effects from the fan
motor; that there be line of sight separation between any fans and
sensing elements within the test fixture; and that at least 3 feet of
separation, along the path of airflow, be maintained between any fans
and sensing elements within the test fixture. 87 FR 35286, 35302. DOE
notes that AHAM subsequently adopted the same requirements for
psychrometer shielding and placement in AHAM DH-1-2022.
MIAQ supported DOE's proposal to require that the psychrometer box
contain shielding or be configured to minimize radiation effects on the
sensing elements. (MIAQ, No. 15 at p. 7)
For the reasons discussed in the June 2022 NOPR, in this final
rule, DOE is incorporating in appendix X1 the AHAM DH-1-2022
requirements for psychrometer shielding and placement. These
requirements are consistent with the requirements for psychrometer
shielding and placement as proposed in the June 2022 NOPR.
7. Whole-Home Dehumidifiers
In the July 2015 Final Rule, DOE established a test procedure for
whole-home dehumidifiers in appendix X1. 80 FR 45802, 45810-45811.
Whole-home dehumidifiers differ from portable dehumidifiers, as they
are installed in a ducted configuration in a home. The whole-home
dehumidifier test procedure specifies a ducted test setup with
instructions for measuring and maintaining the air flow through these
ducts. See section 3.1.3 of appendix X1.
a. Air Velocity
Section 5.2 of AHAM DH-1-2017 requires that ``the air flow
approaching the test unit shall be uniform in temperature, humidity and
velocity. The air velocity shall not exceed 50 feet per minute (``ft/
min'') (0.25 meters per second (``m/s'')) within 3 ft (0.91 m) of the
dehumidifier with the unit not operating.''
In the June 2022 NOPR, DOE considered alternate air velocity
specifications based on suggestions by commenters that the 50 ft/min
maximum air velocity requirement in AHAM DH-1-2017 may represent an
undue burden on manufacturers of large-capacity portable dehumidifiers
and whole-home dehumidifiers. Although DOE did not propose changing the
maximum air velocity requirement in the June 2022 NOPR, DOE discussed
that it would consider raising the maximum air flow requirement by an
amount appropriate to the increased air flow of the largest units on
the market, e.g., to 100 ft/min. DOE stated, however, that it was not
aware of any data that quantify the impact on repeatability and
reproducibility of raising the maximum air velocity requirement to a
less-stringent level. 87 FR 35286, 35302-35303.
MIAQ recommended that DOE continue to investigate the value of an
increased air velocity. MIAQ noted that it is in the process of
conducting air velocity testing and would be willing to confidentially
share this data with DOE for analysis. (MIAQ, No. 15 at p. 7)
DOE notes that AHAM DH-1-2022 maintains 50 ft/min maximum air
velocity requirement, indicating that there is not an industry
consensus that a requirement higher than 50 ft/min would be acceptable.
DOE has not received any data supporting that a 100 ft/min air velocity
requirement would maintain test procedure repeatability and
reproducibility. Therefore, without sufficient data to confirm that
this test procedure change would allow for equally repeatable and
reproduceable tests as the current requirement, in this final rule, DOE
is maintaining the air velocity minimum requirement of 50 ft/min,
consistent with AHAM DH-1-2022.
b. Nozzle Test Method
Section 3.1.2.2.3.2 of appendix X1 specifies measuring velocity
pressures using the same pitot traverses as are used for measuring
external static pressure (``ESP''), which are specified in section
3.1.2.2.3.1 of appendix X1, and calculating volumetric flow rates in
each duct in accordance with section 7.3.1, ``Velocity Traverse,'' of
ANSI/AMCA 210.
In the June 2022 NOPR, DOE summarized a comment submitted by
Aprilaire asserting that there are a limited number of test facilities
that still use this technology for measuring airflow. 87 FR 35286,
35303. Aprilaire suggested that DOE adopt the alternative method of
using airflow nozzles to measure airflow as specified in section 7.3.2
of ANSI/AMCA 210. Aprilaire stated that most laboratories are using the
nozzle method in ANSI/AMCA 210 for measuring airflow and that this
method is listed by ASHRAE Standard 37 as the method to use for HVAC
equipment. Id.
In the June 2022 NOPR, DOE discussed that it had inquired with a
number of laboratories and is aware that a limited number of test
laboratories use pitot-tube traverses when conducting
[[Page 48046]]
testing in accordance with ANSI/AMCA 210. (See sections 4.2.2, 4.3.1,
and 7.3.1 of ANSI/AMCA 210) DOE discussed that it is aware that test
laboratories typically use the alternate calibrated nozzle approach
detailed in sections 4.2.3, 4.3.2 and 7.3.2 of ANSI/AMCA 210 when
conducting testing in accordance with ANSI/AMCA 210 for products other
than dehumidifiers, which is not currently permitted in appendix X1.
Based on the industry-accepted standard (i.e., ANSI/AMCA 210), the
understanding that the two approaches are substantively similar, and
feedback from test laboratories that use of the calibrated nozzle
approach can reduce the test burden as compared to use of the pitot-
tube traverses, DOE proposed in the June 2022 NOPR to allow calibrated
nozzle testing according to the requirements of sections 4.2.3, 4.3.2,
and 7.3.2 of ANSI/AMCA 210 for whole-home dehumidifiers in appendix X1.
87 FR 35286, 35303.
Aprilaire and MIAQ both supported DOE's proposal to include the
calibrated nozzle approach from AMCA 210 in the appendix X1 test
procedure for whole-home dehumidifiers. (Aprilaire, No. 14 at p. 2;
MIAQ, No. 15 at p. 7)
DOE concludes, for the reasons discussed in the June 2022 NOPR,
that the calibrated nozzle approach from ANSI/AMCA 210 produces
repeatable and reproduceable results consistent with the pitot tube
traverse method. Therefore, in this final rule, DOE is permitting the
use of the calibrated nozzle approach in appendix X1, as proposed in
the June 2022 NOPR.
c. Ventilation Air
Section 3.1.3 of appendix X1 requires capping and sealing any
fresh-air inlet on a whole-home dehumidifier during testing. In the
July 2015 Final Rule, DOE determined that, while sealing the fresh-air
inlet on dehumidifiers designed to operate with the fresh-air intake
open may negatively impact capacity and efficiency, those effects are
not significant enough to warrant the added test burden of providing
separate fresh-air inflow. 80 FR 45802, 45811. In the June 2022 NOPR,
DOE summarized comments received by interested parties stating that
capping the fresh-air intake should not appreciably impact the total
airflow through the unit and subsequently should have little effect on
the efficiency. DOE stated that is not aware of publicly available
data, nor has DOE received information from commenters, regarding the
prevalence of fresh-air inlet use among whole-home dehumidifier
consumers. DOE further stated that comments received on this issue are
consistent with DOE's prior determination that the burden of adding an
additional air stream in the testing configuration to account for
fresh-air inlet on those whole-home dehumidifiers equipped with such a
feature would outweigh the benefits. Therefore, in the June 2022 NOPR,
DOE tentatively determined to continue requiring capping and sealing
the fresh-air inlet during testing of a whole-home dehumidifier in
appendix X1. 87 FR 35286, 35303.
MIAQ supported DOE's tentative determination to retain the
requirement to cap and seal the fresh-air inlet during testing of a
whole-home dehumidifier. (MIAQ, No. 15 at p. 7)
For the reasons discussed in the June 2022 NOPR, DOE is retaining
the requirement to cap and seal the fresh-air inlet during testing of a
whole-home dehumidifier in appendix X1 in this final rule.
d. External Static Pressure
The DOE test procedure at appendix X1 requires that the ESP, the
difference in process air outlet static pressure minus the process air
inlet static pressure, be 0.2 inches of water column (``in. w.c.'') for
the duration of the test when conducting whole-home dehumidifier
testing. See section 3.1.2.2.3.1 of appendix X1.
In the June 2022 NOPR, DOE responded to comments submitted by MIAQ
suggesting that DOE adopt two to different ESP conditions--one at 0 in.
w.c. and the other at 0.4 in. w.c.--for testing whole-home
dehumidifiers. In considering this comment, DOE noted that MIAQ did not
provide support regarding the representativeness of its suggested ESP
requirements. In addition, DOE discussed that it had previously
considered and rejected multiple ESP requirements in a previous
rulemaking based on a field study and other information. DOE explained
that while DOE understands that installation configurations and
environmental factors vary for whole-home dehumidifiers, DOE
tentatively concluded that testing whole-home dehumidifiers twice--once
with 0 in. w.c. ESP and once with 0.4 in. w.c. ESP--would not be
sufficiently more representative than the current single 0.2 in. w.c.
ESP requirement as to justify the increased test burden. Therefore, DOE
did not propose to amend the ESP requirements for whole-home
dehumidifiers in the June 2022 NOPR. 87 FR 35286, 35303.
In response to the June 2022 NOPR, Aprilaire noted that HVAC system
pressures vary greatly with system design for residential applications.
Aprilaire stated that a single static test pressure test point is
preferrable, as a second test point would increase test burden in the
form of both an extra rating test and additional quality verification
testing. (Aprilaire, No. 14 at p. 2)
MIAQ stated that 0.2 in. w.c. ESP is a representative test
condition for ducted dehumidifiers. MIAQ also suggested that additional
research be conducted into whether higher external pressures could be
representative of typical installation cases, such as when
dehumidifiers are connected to furnace systems. MIAQ cited studies from
the National Renewable Energy Laboratory and the California Energy
Commission that observed pressures between 0.53 and 0.9 in. w.c in
practice. (MIAQ, No. 15 at pp. 7-8)
For the reasons discussed in the June 2022 NOPR, and in
consideration of these additional comments suggesting that 0.2 in. w.c.
ESP is a representative test condition for ducted dehumidifiers and
that requiring an additional test point would increase test burden, DOE
continues to conclude that a single test approach for whole-home
dehumidifiers is fully representative of whole-home dehumidifier
performance. The studies referenced by MIAQ do not provide information
specific to whole-home dehumidifiers sufficient for DOE to determine
that ESP conditions between 0.53 and 0.9 in. w.c. are representative of
typical whole-home dehumidifier installation. Therefore, DOE is
maintaining the current test approach in appendix X1.
e. Additional Test Condition
In response to the June 2022 NOPR, MIAQ commented that all whole-
home dehumidifiers should be tested at both the whole-home dehumidifier
test conditions and the portable dehumidifier test conditions. MIAQ
stated that adopting this change would be more representative of actual
whole-home dehumidifier operation because whole-home units can be
installed in configurations where the inlet air is drawn from indoor
basement air, such as in crawlspace applications or when not connected
to the HVAC return air stream. (MIAQ, No. 15 at pp. 3-4)
While DOE acknowledges that whole-home dehumidifiers may be
installed in situations where the unit inlet air is drawn from
unconditioned spaces (e.g., a basement or crawlspace), such a situation
does not represent typical operation of these units. As indicated by
the product definition, whole-home dehumidifiers are designed to be
installed in a ducted configuration, typically in line with an HVAC
system,
[[Page 48047]]
and the test procedure requirements for whole-home dehumidifiers
reflect this most representative installation scenario. Requiring
whole-home units to be tested at an additional test condition
applicable to portable dehumidifiers would add test burden without
improving the representativeness of test results. Therefore, in this
final rule, DOE is maintaining the single test condition for whole-home
dehumidifiers. However, to the extent that a unit meets both the whole-
home and portable dehumidifier definitions, it must be tested in each
configuration and comply with both applicable energy conservation
standards.
8. Network Functions
Many types of consumer products (e.g., refrigerators, clothes
dryers, room air conditioners) are now equipped with ``network
functions,'' such as mobile alerts/messages, remote control, and energy
information and demand response capabilities to support future smart
grid interconnection. In the June 2022 NOPR, DOE noted that certain
manufacturers have also incorporated some of these features, such as
Wi-Fi capability, into dehumidifiers. 87 FR 35286, 35304.
Based on testing and information from interested parties regarding
network functions in consumer products, DOE stated in the June 2022
NOPR that it expects the power consumption attributable to network
functions to be on the order of 1 watt (``W'') or less. The impact on
IEF of power consumption of network functions is expected to be no more
than 1 percent, based on DOE's testing that indicated an average impact
on IEF of less than 0.75 percent for the units in DOE's test sample. 87
FR 35286, 35304-35305. DOE also stated that it is aware there are
dehumidifiers on the market with varying implementations of network
functions. However, DOE stated that it was not aware of any data
available, nor did interested parties provide any data, regarding the
consumer use of network functions. Without this data, DOE stated it was
unable to establish a representative test configuration to assess the
energy consumption of network functions for dehumidifiers. Id.
Therefore, in the June 2022 NOPR, DOE proposed to specify that if a
dehumidifier has network functions, all network functions must be
disabled throughout testing using means available to the end user
pursuant to instructions provided in the product's user manual. DOE
further proposed to specify that if network functions cannot be
disabled by the consumer or the manufacturer's user manual does not
provide instruction for disabling the function, the energy consumption
of the enabled network function must be included, as it is more
representative than excluding the energy consumption associated with
the network function. Id.
Aprilaire, MIAQ, and AHAM supported DOE's proposal to disable
network functions if possible. AHAM noted that this proposal is
consistent with the draft of AHAM DH-1-2022. (Aprilaire, No. 14 at p.
2; MIAQ, No. 15 at p. 8; AHAM, No. 17 at p. 3)
The anonymous commentor recommended developing test methods which
can better accommodate networked models (Anonymous, No. 12 at p. 1)
The Joint Commenters requested that DOE require dehumidifiers to be
tested with network functions in the factory default setting if
possible, rather than disabled. The Joint Commenters stated that DOE's
approach may not be representative of real-world operation, as
consumers would be unlikely to disable connected functionality if a
unit is shipped with connected functions enabled, and testing using the
network default settings would result in a more representative energy
use measurement. (Joint Commenters, No. 18 at p. 2; Appliance Standard
Awareness Project, Public Meeting Transcript, No. 11 at p. 21)
As discussed in the June 2022 NOPR, DOE is not aware of any
consumer usage data, nor did interested parties provide any such data,
regarding the consumer use of network connectivity. Without this data,
DOE is unable to establish a representative test configuration for
assessing the energy consumption of network connectivity features for
dehumidifiers. 87 FR 35286, 35305.
DOE similarly lacks data regarding whether consumers not using
connected functions would disable such functions or leave them in the
as-shipped setting. Therefore, due to a lack of data regarding consumer
usage of network connectivity features and to harmonize with the
industry standard, DOE maintains its June 2022 NOPR proposals and in
this final rule is requiring that for dehumidifiers with network
functions, follow the requirements in section 5.5 of AHAM DH-1-2022,
that (1) the network functions must be disabled throughout testing if
such settings can be disabled by the end-user and the product's user
manual provides instructions on how to do so; and (2) if network
functions cannot be disabled by the end-user, or the product's user
manual does not provide instruction for disabling network functions,
then the unit must be tested with the network functions in the factory
default configuration for the test period.
9. Removal of Appendix X
Appendix X to subpart B of 10 CFR part 430 is no longer required
for use. For dehumidifiers manufactured on or after January 27, 2016,
use of appendix X1 to subpart B of 10 CFR part 430 is required for any
representations of energy use or efficiency of portable and whole-home
dehumidifiers, including demonstrating compliance with the currently
applicable energy conservation standards. As discussed in this
document, DOE is maintaining the currently applicable appendix X1, with
amendments. The updated version of appendix X1 will be used for the
evaluation and issuance of any updated efficiency standards, and for
determining compliance with those standards. In the June 2022 NOPR, DOE
proposed to remove the obsolete appendix X. 87 FR 35286, 35305.
MIAQ supported DOE's proposal to remove appendix X along with all
references to appendix X in 10 CFR parts 429 and 430.
In this final rule, DOE removes appendix X to subpart B of 10 CFR
part 430, along with all references to appendix X in 10 CFR part 430.
D. Test Procedure Costs
EPCA requires that test procedures proposed by DOE not be unduly
burdensome to conduct. (42 U.S.C. 6293(b)(3)) DOE has determined that
the amendments in this final rule are not unduly burdensome. The
following sections discuss DOE's evaluation of estimated costs and
savings associated with the amendments to appendix X1.
In this final rule, DOE updates the existing test procedure for
dehumidifiers by amending appendix X1 to incorporate the current
version of the applicable industry standard, specify the
dehumidification mode rating test period to be 2 hours, permit the use
of a sampling tree in conjunction with an aspirating psychrometer or
relative humidity sensor for a dehumidifier with a single process air
intake grille, and specify requirements for testing dehumidifiers with
network functions. If the network functions can be disabled by the end-
user and instructions to disable appear in the manual, test with those
functions disabled; otherwise, test in the factory default setting. DOE
has determined that these proposed amendments would not increase
testing costs. As discussed in the following paragraphs, DOE has also
determined that two amendments would likely reduce testing costs:
[[Page 48048]]
shortening the test duration and permitting use of a sampling tree.
1. Reduced Test Period
DOE amends appendix X1 to specify the dehumidification mode rating
test period to be 2 hours for portable and whole-home dehumidifiers. As
discussed in section III.C.5 of this document, DOE expects that this
amendment will decrease test cost for dehumidifier manufacturers due to
reduced test chamber time. Based on past experiences with conducting
appendix X1 testing, DOE estimates that 6 hours in a psychrometric
chamber for dehumidifier testing according to appendix X1 costs $1,100.
Reducing the test period by 4 hours yields an estimated cost savings
per test of $750, which is two-thirds of the estimated cost of
operation of the test chamber for 6 hours.
DOE has determined that the amendments would not affect the
representations of dehumidifier energy efficiency/energy use, as
discussed in section III.C.5 of this document. DOE expects that
manufacturers would be able to rely on data generated under the current
test procedure. As such, retesting and recertification of dehumidifiers
would not be required solely as a result of DOE's adoption of the
amendments to the test procedure.
2. Sampling Tree
DOE amends appendix X1 to allow relative humidity measurements
using an aspirating psychrometer or relative humidity sensor with a
sampling tree for all dehumidifiers. As discussed in section III.C.6 of
this document, DOE expects this would not substantively impact
repeatability or reproducibility of the test procedure or the
representativeness of the measured energy efficiency. The amendment
would not result in a change of the measured energy efficiency of any
currently certified dehumidifiers because the proposed use of a
sampling tree would be an alternate test set-up to the current test
set-up. The amendment would also likely reduce the test burden for
certain test laboratories that would otherwise be required to change
their aspirating psychrometer or relative humidity sensor configuration
to remove the sampling tree and reposition the psychrometer within the
test chamber. There is no cost attributable to this amendment.
DOE has determined that the amendments in this final rule would not
impact the measured energy use or representations of dehumidifier
energy efficiency/energy use. DOE has also determined that
manufacturers would be able to rely on data generated under the current
test procedure as amended. As such, DOE does not expect re-testing of
any dehumidifier would be required solely as a result of DOE's adoption
of these amendments to the test procedure.
3. Other Amendments
DOE has determined that the amendments to incorporate the updated
version of the relevant industry testing standard and to provide
additional direction regarding units with network functions will not
change the measured energy efficiency as compared to the current test
procedure and would not change the test costs. DOE expects that
manufacturers would be able to rely on data generated under the current
test procedure. As such, retesting and recertification of dehumidifiers
would not be required solely as a result of DOE's adoption of the
amendments to the test procedure. Based on review of AHAM DH-1-2022,
DOE expects that the amended test procedure for measuring IEF will not
increase testing costs per unit compared to the current DOE test
procedure. DOE also does not expect that the direction to disable
network functions during testing will impact test cost or the measured
energy efficiency, as network function does not represent a significant
portion of the overall energy efficiency, as discussed previously.
While DOE does not expect that the amendments to the test procedure
will require manufacturers to re-test and recertify their models,
manufacturers may choose to re-test units using the new test procedure.
DOE estimates that testing under the new test procedure would cost
roughly $2,000 per test, based on recent testing quotes and reduced
testing cost due to the shorter test duration.
E. Effective and Compliance Dates
The effective date for the adopted test procedure amendment will be
30 days after publication of this final rule in the Federal Register.
EPCA prescribes that all representations of energy efficiency and
energy use, including those made on marketing materials and product
labels, must be made in accordance with an amended test procedure,
beginning 180 days after publication of the final rule in the Federal
Register. (42 U.S.C. 6293(c)(2))
EPCA provides an allowance for individual manufacturers to petition
DOE for an extension of the 180-day period if the manufacturer may
experience undue hardship in meeting the deadline. (42 U.S.C.
6293(c)(3)) To receive such an extension, petitions must be filed with
DOE no later than 60 days before the end of the 180-day period and must
detail how the manufacturer will experience undue hardship. Id. To the
extent the modified test procedure adopted in this final rule is
required only for the evaluation and issuance of updated efficiency
standards, compliance with the amended test procedure does not require
use of such modified test procedure provisions until the compliance
date of updated standards.
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866, 13563, and 14094
Executive Order (``E.O.'')12866, ``Regulatory Planning and
Review,'' as supplemented and reaffirmed by E.O. 13563, ``Improving
Regulation and Regulatory Review,'' 76 FR 3821 (Jan. 21, 2011) and
amended by E.O. 14094, ``Modernizing Regulatory Review,'' 88 FR 21879
(April 11, 2023), requires agencies, to the extent permitted by law, to
(1) propose or adopt a regulation only upon a reasoned determination
that its benefits justify its costs (recognizing that some benefits and
costs are difficult to quantify); (2) tailor regulations to impose the
least burden on society, consistent with obtaining regulatory
objectives, taking into account, among other things, and to the extent
practicable, the costs of cumulative regulations; (3) select, in
choosing among alternative regulatory approaches, those approaches that
maximize net benefits (including potential economic, environmental,
public health and safety, and other advantages; distributive impacts;
and equity); (4) to the extent feasible, specify performance
objectives, rather than specifying the behavior or manner of compliance
that regulated entities must adopt; and (5) identify and assess
available alternatives to direct regulation, including providing
economic incentives to encourage the desired behavior, such as user
fees or marketable permits, or providing information upon which choices
can be made by the public. DOE emphasizes as well that E.O. 13563
requires agencies to use the best available techniques to quantify
anticipated present and future benefits and costs as accurately as
possible. In its guidance, the Office of Information and Regulatory
Affairs (``OIRA'') in the Office of Management and Budget (``OMB'') has
emphasized that such techniques may include identifying changing future
compliance costs that might result from technological innovation or
anticipated behavioral changes. For the reasons
[[Page 48049]]
stated in this preamble, this final regulatory action is consistent
with these principles.
Section 6(a) of E.O. 12866 also requires agencies to submit
``significant regulatory actions'' to OIRA for review. OIRA has
determined that this final regulatory action does not constitute a
``significant regulatory action'' under section 3(f) of E.O. 12866.
Accordingly, this action was not submitted to OIRA for review under
E.O. 12866.
B. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of a final regulatory flexibility analysis (FRFA) for any
final rule where the agency was first required by law to publish a
proposed rule for public comment, unless the agency certifies that the
rule, if promulgated, will not have a significant economic impact on a
substantial number of small entities. As required by Executive Order
13272, ``Proper Consideration of Small Entities in Agency Rulemaking,''
67 FR 53461 (August 16, 2002), DOE published procedures and policies on
February 19, 2003 to ensure that the potential impacts of its rules on
small entities are properly considered during the DOE rulemaking
process. 68 FR 7990. DOE has made its procedures and policies available
on the Office of the General Counsel's website: www.energy.gov/gc/office-general-counsel. DOE reviewed this final rule under the
provisions of the Regulatory Flexibility Act and the procedures and
policies published on February 19, 2003. DOE has concluded that this
rule would not have a significant impact on a substantial number of
small entities. The factual basis for this certification is as follows:
For manufacturers of dehumidifiers, the Small Business
Administration (``SBA'') considers a business entity to be small
business, if, together with its affiliates, it employs less than a
threshold number of workers specified in 13 CFR part 121. DOE used
SBA's small business size standards to determine whether any small
entities would be subject to the requirements of the rule. These size
standards and codes are established by the North American Industry
Classification System (``NAICS'') and are available at www.sba.gov/document/support_table-size-standards. Manufacturing of portable
dehumidifiers is classified under NAICS 335210, ``Small Electrical
Appliance Manufacturing,'' whereas the manufacturing of whole-home
dehumidifiers is classified under NAICS 333415, ``Air-Conditioning and
Warm Air Heating Equipment and Commercial and Industrial Refrigeration
Equipment Manufacturing.'' The SBA sets a threshold of 1,500 employees
or fewer and 1,250 employees or fewer for an entity to be considered as
a small business in these industry categories, respectively.\7\ For
manufacturers of both portable and whole-home dehumidifiers, DOE used
the higher (or more conservative) threshold of 1,500 employees or
fewer.
---------------------------------------------------------------------------
\7\ U.S. Small Business Administration, ``Table of Size
Standards.'' (Effective December 19, 2022). Available at
www.sba.gov/document/support_table-size-standards">www.sba.gov/document/support_table-size-standards (last accessed
January 23, 2023).
---------------------------------------------------------------------------
DOE used its Compliance Certification Database (``CCD''),\8\
California Energy Commission's Modernized Appliance Efficiency Database
System (``MAEDbS''),\9\ and ENERGY STAR's Product Finder dataset \10\
to create a list of companies that sell the products covered by this
rulemaking in the United States. DOE then consulted publicly available
data, such as manufacturer websites, manufacturer specifications and
product literature, import/export logs, and basic model numbers, to
identify original equipment manufacturers (``OEMs'') of the products
covered by this rulemaking. DOE relied on public data and subscription-
based market research tools (e.g., Dun & Bradstreet reports \11\) to
determine company location, headcount, and annual revenue. DOE screened
out companies that do not offer products covered by this proposed
rulemaking, do not meet the SBA's definition of a ``small business,''
or are foreign-owned and operated.
---------------------------------------------------------------------------
\8\ U.S. Department of Energy, Compliance Certification
Database. Available at www.regulations.doe.gov/certification-data/#q=Product_Group_s%3A* (last accessed October 11, 2022).
\9\ California Energy Commission, Modernized Appliance
Efficiency Database System. Available at:
cacertappliances.energy.ca.gov/Pages/Search/AdvancedSearch.aspx
(last accessed January 23, 2022).
\10\ U.S. Environmental Protection Agency, ENERGY STAR Product
Finder data set. Available at www.energystar.gov/productfinder/
(last accessed January 24, 2022).
\11\ The Dun & Bradstreet Hoovers subscription login is
available online at app.dnbhoovers.com/ (last accessed January 23,
2023).
---------------------------------------------------------------------------
DOE identified 16 OEMs of dehumidifiers for the U.S. market. DOE
estimates that 12 are OEMs of portable dehumidifiers, three are OEMs of
whole-home dehumidifiers, and one is an OEM of both portable and whole-
home dehumidifiers. Of the 16 total OEMs identified, one qualifies as a
``small business'' and is not foreign-owned or operated.
DOE did not receive any comments that specifically addressed
impacts on small businesses or that were provided in response to the
initial regulatory flexibility analysis.
In this final rule, DOE updates the existing test procedure for
dehumidifiers by amending appendix X1 to incorporate the current
version of the applicable industry standard, specify the
dehumidification mode rating test period to be 2 hours, permit the use
of a sampling tree in conjunction with an aspirating psychrometer or
relative humidity sensor for a dehumidifier with a single process air
intake grille, and specify requirements for testing dehumidifiers with
network functions. If the network functions can be disabled by the end-
user and instructions to disable appear in the manual, test with those
functions disabled; otherwise, test in the factory default setting. DOE
has determined that these amendments would not increase testing costs.
DOE has also determined that two amendments would likely reduce testing
costs: shortening the test duration and permitting use of a sampling
tree.
DOE has determined that the amendments in this final rule would not
impact the measured energy use or representations of dehumidifier
energy efficiency/energy use. DOE has also determined that
manufacturers would be able to rely on data generated under the current
test procedure as amended. As such, DOE does not expect retesting of
any dehumidifier would be required solely as a result of DOE's adoption
of these amendments to the test procedure.
Therefore, DOE concludes that the cost effects accruing from the
final rule would not have a ``significant economic impact on a
substantial number of small entities,'' and that the preparation of a
FRFA is not warranted. DOE has submitted a certification and supporting
statement of factual basis to the Chief Counsel for Advocacy of the
Small Business Administration for review under 5 U.S.C. 605(b).
C. Review Under the Paperwork Reduction Act of 1995
Manufacturers of dehumidifiers must certify to DOE that their
products comply with any applicable energy conservation standards. To
certify compliance, manufacturers must first obtain test data for their
products according to the DOE test procedures, including any amendments
adopted for those test procedures. DOE has established regulations for
the certification and recordkeeping requirements for all covered
consumer products and commercial equipment, including dehumidifiers.
(See generally 10 CFR part 429.) The collection-of-information
requirement for the
[[Page 48050]]
certification and recordkeeping is subject to review and approval by
OMB under the Paperwork Reduction Act (PRA). This requirement has been
approved by OMB under OMB control number 1910-1400. Public reporting
burden for the certification is estimated to average 35 hours per
response, including the time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information.
DOE is not amending the certification or reporting requirements for
dehumidifiers in this final rule.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number.
D. Review Under the National Environmental Policy Act of 1969
In this final rule, DOE establishes test procedure amendments that
it expects will be used to develop and implement future energy
conservation standards for dehumidifiers. DOE has determined that this
rule falls into a class of actions that are categorically excluded from
review under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) and DOE's implementing regulations at 10 CFR part 1021.
Specifically, DOE has determined that adopting test procedures for
measuring energy efficiency of consumer products and industrial
equipment is consistent with activities identified in 10 CFR part 1021,
appendix A to subpart D, A5 and A6. Accordingly, neither an
environmental assessment nor an environmental impact statement is
required.
E. Review Under Executive Order 13132
Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4,
1999), imposes certain requirements on agencies formulating and
implementing policies or regulations that preempt State law or that
have federalism implications. The Executive order requires agencies to
examine the constitutional and statutory authority supporting any
action that would limit the policymaking discretion of the States and
to carefully assess the necessity for such actions. The Executive order
also requires agencies to have an accountable process to ensure
meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.
On March 14, 2000, DOE published a statement of policy describing the
intergovernmental consultation process it will follow in the
development of such regulations. 65 FR 13735. DOE examined this final
rule and determined that it will not have a substantial direct effect
on the States, on the relationship between the national government and
the States, or on the distribution of power and responsibilities among
the various levels of government. EPCA governs and prescribes Federal
preemption of State regulations as to energy conservation for the
products that are the subject of this final rule. States can petition
DOE for exemption from such preemption to the extent, and based on
criteria, set forth in EPCA. (42 U.S.C. 6297(d)) No further action is
required by Executive Order 13132.
F. Review Under Executive Order 12988
Regarding the review of existing regulations and the promulgation
of new regulations, section 3(a) of Executive Order 12988, ``Civil
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal
agencies the general duty to adhere to the following requirements: (1)
eliminate drafting errors and ambiguity; (2) write regulations to
minimize litigation; (3) provide a clear legal standard for affected
conduct rather than a general standard; and (4) promote simplification
and burden reduction. Section 3(b) of Executive Order 12988
specifically requires that Executive agencies make every reasonable
effort to ensure that the regulation (1) clearly specifies the
preemptive effect, if any; (2) clearly specifies any effect on existing
Federal law or regulation; (3) provides a clear legal standard for
affected conduct while promoting simplification and burden reduction;
(4) specifies the retroactive effect, if any; (5) adequately defines
key terms; and (6) addresses other important issues affecting clarity
and general draftsmanship under any guidelines issued by the Attorney
General. Section 3(c) of Executive Order 12988 requires Executive
agencies to review regulations in light of applicable standards in
sections 3(a) and 3(b) to determine whether they are met or it is
unreasonable to meet one or more of them. DOE has completed the
required review and determined that, to the extent permitted by law,
this final rule meets the relevant standards of Executive Order 12988.
G. Review Under the Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA'')
requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and Tribal governments and the
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531).
For a regulatory action resulting in a rule that may cause the
expenditure by State, local, and Tribal governments, in the aggregate,
or by the private sector of $100 million or more in any one year
(adjusted annually for inflation), section 202 of UMRA requires a
Federal agency to publish a written statement that estimates the
resulting costs, benefits, and other effects on the national economy.
(2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to
develop an effective process to permit timely input by elected officers
of State, local, and Tribal governments on a proposed ``significant
intergovernmental mandate,'' and requires an agency plan for giving
notice and opportunity for timely input to potentially affected small
governments before establishing any requirements that might
significantly or uniquely affect small governments. On March 18, 1997,
DOE published a statement of policy on its process for
intergovernmental consultation under UMRA. 62 FR 12820; also available
at www.energy.gov/gc/office-general-counsel. DOE examined this final
rule according to UMRA and its statement of policy and determined that
the rule contains neither an intergovernmental mandate, nor a mandate
that may result in the expenditure of $100 million or more in any year,
so these requirements do not apply.
H. Review Under the Treasury and General Government Appropriations Act,
1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any rule that may affect family well-being.
This final rule will not have any impact on the autonomy or integrity
of the family as an institution. Accordingly, DOE has concluded that it
is not necessary to prepare a Family Policymaking Assessment.
I. Review Under Executive Order 12630
DOE has determined, under Executive Order 12630, ``Governmental
Actions and Interference with Constitutionally Protected Property
Rights,'' 53 FR 8859 (March 18, 1988), that this regulation will not
result in any takings that might require compensation under the Fifth
Amendment to the U.S. Constitution.
[[Page 48051]]
J. Review Under Treasury and General Government Appropriations Act,
2001
Section 515 of the Treasury and General Government Appropriations
Act, 2001 (44 U.S.C. 3516 note), provides for agencies to review most
disseminations of information to the public under guidelines
established by each agency pursuant to general guidelines issued by
OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and
DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). Pursuant
to OMB Memorandum M-19-15, Improving Implementation of the Information
Quality Act (April 24, 2019), DOE published updated guidelines which
are available at www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf. DOE has
reviewed this final rule under the OMB and DOE guidelines and has
concluded that it is consistent with applicable policies in those
guidelines.
K. Review Under Executive Order 13211
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355
(May 22, 2001), requires Federal agencies to prepare and submit to OMB,
a Statement of Energy Effects for any significant energy action. A
``significant energy action'' is defined as any action by an agency
that promulgated or is expected to lead to promulgation of a final
rule, and that (1) is a significant regulatory action under Executive
Order 12866, or any successor order; and (2) is likely to have a
significant adverse effect on the supply, distribution, or use of
energy; or (3) is designated by the Administrator of OIRA as a
significant energy action. For any significant energy action, the
agency must give a detailed statement of any adverse effects on energy
supply, distribution, or use if the regulation is implemented, and of
reasonable alternatives to the action and their expected benefits on
energy supply, distribution, and use.
This regulatory action is not a significant regulatory action under
Executive Order 12866. Moreover, it would not have a significant
adverse effect on the supply, distribution, or use of energy, nor has
it been designated as a significant energy action by the Administrator
of OIRA. Therefore, it is not a significant energy action, and,
accordingly, DOE has not prepared a Statement of Energy Effects.
L. Review Under Section 32 of the Federal Energy Administration Act of
1974
Under section 301 of the Department of Energy Organization Act
(Pub. L. 95-91; 42 U.S.C. 7101), DOE must comply with section 32 of the
Federal Energy Administration Act of 1974, as amended by the Federal
Energy Administration Authorization Act of 1977. (15 U.S.C. 788;
``FEAA'') Section 32 essentially provides in relevant part that, where
a proposed rule authorizes or requires use of commercial standards, the
notice of proposed rulemaking must inform the public of the use and
background of such standards. In addition, section 32(c) requires DOE
to consult with the Attorney General and the Chairman of the Federal
Trade Commission (``FTC'') concerning the impact of the commercial or
industry standards on competition.
The modifications to the test procedure for dehumidifiers adopted
in this final rule incorporates testing methods contained in certain
sections of the following commercial standards: AHAM DH-1-2022, ANSI/
AMCA 210, ANSI/ASHRAE 41.1, and IEC 62301. DOE has evaluated these
standards and is unable to conclude whether it fully complies with the
requirements of section 32(b) of the FEAA (i.e., whether it was
developed in a manner that fully provides for public participation,
comment, and review.) DOE has consulted with both the Attorney General
and the Chairman of the FTC about the impact on competition of using
the methods contained in these standards and has received no comments
objecting to their use.
M. Congressional Notification
As required by 5 U.S.C. 801, DOE will report to Congress on the
promulgation of this rule before its effective date. The report will
state that it has been determined that the rule is not a ``major rule''
as defined by 5 U.S.C. 804(2).
N. Description of Materials Incorporated by Reference
AHAM DH-1-2022 is an industry-accepted test procedure that measures
the capacity and energy input of portable dehumidifiers under specified
test conditions. AHAM DH-1-2022 includes provisions for testing
dehumidifier energy use in off-cycle, inactive, and off modes, and for
including energy consumption in those modes in efficiency calculations.
Appendix X1 references sections of AHAM DH-1-2022 for definitions,
instrumentation, and test procedure requirements. AHAM DH-1-2022 is
reasonably available from AHAM at www.aham.org/AHAM/AuxStore.
The following standards appear in the amendatory text of this
document and were previously approved for the locations in which they
appear: ANSI/AMCA 210, ANSI/ASHRAE 41.1, and IEC 62301.
V. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this final
rule.
List of Subjects in 10 CFR Part 430
Administrative practice and procedure, Confidential business
information, Energy conservation, Household appliances, Imports,
Incorporation by reference, Intergovernmental relations, Small
businesses.
Signing Authority
This document of the Department of Energy was signed on July 11,
2023, by Francisco Alejandro Moreno, Acting Assistant Secretary for
Energy Efficiency and Renewable Energy, pursuant to delegated authority
from the Secretary of Energy. That document with the original signature
and date is maintained by DOE. For administrative purposes only, and in
compliance with requirements of the Office of the Federal Register, the
undersigned DOE Federal Register Liaison Officer has been authorized to
sign and submit the document in electronic format for publication, as
an official document of the Department of Energy. This administrative
process in no way alters the legal effect of this document upon
publication in the Federal Register.
Signed in Washington, DC, on July 11, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
For the reasons stated in the preamble, DOE amends part 430 of
Chapter II of Title 10, Code of Federal Regulations as set forth below:
PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS
0
1. The authority citation for part 430 continues to read as follows:
Authority: 42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.
0
2. Section 430.2 is amended by revising the definitions of ``Portable
dehumidifier'' and ``Whole-home dehumidifier'' to read as follows:
Sec. 430.2 Definitions.
* * * * *
[[Page 48052]]
Portable dehumidifier means a dehumidifier that, in accordance with
any manufacturer instructions available to a consumer, operates within
the dehumidified space without the attachment of additional ducting,
although means may be provided for optional duct attachment.
* * * * *
Whole-home dehumidifier means a dehumidifier that, in accordance
with any manufacturer instructions available to a consumer, operates
with ducting to deliver return process air to its inlet and to supply
dehumidified process air from its outlet to one or more locations in
the dehumidified space.
0
3. Section 430.3 is amended by:
0
a. Removing the words ``https://'' and ``https://'' wherever they
appear;
0
b. Revising paragraphs (a) and (i)(3);
0
c. Removing paragraph (o)(2);
0
d. Redesignating paragraphs (o)(3) and (4) as paragraphs (o)(2) and
(3), respectively;
0
e. Revising paragraph (q)(6); and
0
f. Redesignating paragraph (q)(9) as paragraph (q)(8).
The revisions read as follows:
Sec. 430.3 Materials incorporated by reference.
(a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that
specified in this section, the U.S. Department of Energy (DOE) must
publish a document in the Federal Register and the material must be
available to the public. All approved incorporation by reference (IBR)
material is available for inspection at the Department of Energy (DOE)
and at the National Archives and Records Administration (NARA). Contact
DOE at: The U.S. Department of Energy, Office of Energy Efficiency and
Renewable Energy, Building Technologies Office, EE-5B, 1000
Independence Avenue SW, Washington, DC 20585-0121, (202) 586-9127,
[email protected], www.energy.gov/eere/buildings/appliance-and-equipment-standards-program. For information on the availability of
this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email [email protected]. The material may be
obtained from the sources in the following paragraphs of this section.
* * * * *
(i) * * *
(3) AHAM DH-1-2022, Energy Measurement Test Procedure for
Dehumidifiers, copyright 2022; IBR approved for appendix X1 to subpart
B.
* * * * *
(q) * * *
(6) IEC 62301 (``IEC 62301''), Household electrical appliances--
Measurement of standby power, (Edition 2.0, 2011-01); IBR approved for
appendices C1, C2, D1, D2, F, G, I, I1, J, J2, N, O, P, Q, U, X1, Y,
Y1, Z, BB, CC, CC1, EE, and FF to subpart B.
* * * * *
0
4. Section 430.23 is amended by revising paragraph (z) to read as
follows:
Sec. 430.23 Test procedures for the measurement of energy and water
consumption.
* * * * *
(z) Dehumidifiers. (1) Determine the capacity, expressed in pints/
day, according to section 5.2 of appendix X1 to this subpart.
(2) Determine the integrated energy factor, expressed in L/kWh,
according to section 5.4 of appendix X1 to this subpart.
(3) Determine the case volume, expressed in cubic feet, for whole-
home dehumidifiers in accordance with section 5.7 of appendix X1 of
this subpart.
* * * * *
Appendix X to Subpart B of Part 430 [Removed and Reserved]
0
5. Remove and reserve appendix X to subpart B of part 430.
0
6. Amend Appendix X1 to subpart B of part 430 by:
0
a. Revising the introductory note;
0
b. Adding section 0;
0
c. Revising sections 2 and 3.1.1;
0
d. Removing section 3.1.1.2;
0
e. Redesignating sections 3.1.1.3 through 3.1.1.6 as sections 3.1.1.2
through 3.1.1.5;
0
f. Revising newly redesignated sections 3.1.1.2 and 3.1.1.4;
0
g. Revising sections 3.1.2, 3.1.2.2.3.1, 3.1.2.2.3.2, 3.1.2.3, 3.2.2.1,
4.1.1, 4.1.2, 4.2, and 4.3;
0
h. Removing sections 4.3.1 and 4.3.2; and
0
i. Revising section 5.4.
The revisions and additions read as follows:
Appendix X1 to Subpart B of Part 430--Uniform Test Method for Measuring
the Energy Consumption of Dehumidifiers
Note: After January 22, 2024, any representations made with
respect to the energy efficiency of a dehumidifier must be made in
accordance with the results of testing pursuant to this appendix.
Manufacturers conducting tests of a dehumidifier prior to January
22, 2024, must conduct such test in accordance with either this
appendix or the previous version of this appendix as it appeared in
the Code of Federal Regulations on January 1, 2023. Any
representations made with respect to the energy efficiency of such
dehumidifier must be in accordance with whichever version is
selected.
0. Incorporation by Reference
DOE incorporated by reference in Sec. 430.3, the entire
standard for AHAM DH-1-2022, ANSI/AMCA 210, ANSI/ASHRAE 41.1, and
IEC 62301; however, only enumerated provisions of those documents
are applicable to this appendix. To the extent there is a conflict
between the terms or provisions of a referenced industry standard
and the CFR, the CFR provisions control.
0.1 AHAM DH-1-2022
(a) Section 3 ``Definitions'', as specified in sections 2 and
3.1.2 of this appendix.
(b) Section 4 ``Instrumentation'', as specified in sections
3.1.1 and 3.1.2 of this appendix.
(c) Section 5.1 ``General'', as specified in sections 3.1.1 and
3.1.2 of this appendix.
(d) Section 5.2 ``Test Room'', as specified in sections 3.1.1
and 3.1.2 of this appendix.
(e) Section 5.3 ``Positioning of Test Unit'', as specified in
sections 3.1.1 and 3.1.1.2 of this appendix.
(f) Section 5.5 ``Control settings'', as specified in sections
3.1.1, 3.1.1.4, and 3.1.2 of this appendix.
(g) Section 7 ``Test Tolerances'', as specified in section 4.1.1
of this appendix.
(h) Section 8 ``Capacity Test'', as specified in sections 4.1.1
and 4.1.2 of this appendix.
(i) Section 8.3 ``Standard Test Voltage'', as specified in
section 3.2.2.1 of this appendix.
(j) Section 8.4 ``Psychrometer Placement'', as specified in
section 3.1.1.2 of this appendix.
(k) Section 9 ``Energy Consumption'', as specified in sections
4.1.1 and 4.1.2 of this appendix.
(l) Section 9.3.2 ``Inactive/Off Mode'', as specified in section
4.2 of this appendix.
(m) Section 9.3.1 ``Off-Cycle Mode'', as specified in section
4.3 of this appendix.
(n) Section 9.4 ``Calculation of Test Results'', as specified in
section 4.1.2 of this appendix.
0.2 ANSI/AMCA 210
(a) Section 5.2.1.6 ``Airflow straightener'', as specified in
section 3.1.2.1 of this appendix.
(b) Figure 6A ``Flow Straightener--Cell Type'', as specified in
section 3.1.2.1 of this appendix.
(c) Section 4.2.2 ``Pitot-static tube'', as specified in section
3.1.2.2.3.1 of this appendix.
(d) Section 4.2.3 ``Static pressure tap'', as specified in
section 3.1.2.2.3.1 of this appendix.
(e) Section 4.3.1 ``Pitot Traverse'', as specified in section
3.1.2.2.3.1 of this appendix.
(f) Section 4.3.2 ``Flow nozzle'', as specified in section
3.1.2.2.3.1 of this appendix.
[[Page 48053]]
(g) Section 7.5.2 ``Pressure Losses'', as specified in section
3.1.2.2.3.1 of this appendix.
(h) Section 7.3.1 ``Velocity Traverse'', as specified in section
3.1.2.2.3.2 of this appendix.
(i) Section 7.3.2 ``Nozzle'', as specified in section
3.1.2.2.3.2 of this appendix.
(j) Section 7.3 ``Fan airflow rate at test conditions'', as
specified in section 5.6 of this appendix.
0.3 ANSI/ASHRAE 41.1
(a) Section 5.3.5 ``Centers of Segments--Grids'', as specified
in section 3.1.2.2.1 of this appendix.
(b) [Reserved]
0.4 IEC 62301
(a) Section 5.2 ``Preparation of product'', as specified in
section 3.2.1 of this appendix.
(b) Section 4.3.2 ``Supply voltage waveform'', as specified in
section 3.2.2.2 of this appendix.
(c) Section 4.4 ``Power measuring instruments'', as specified in
section 3.2.3 of this appendix.
(d) Section 4.2 ``Test room'', as specified in section 3.2.4 of
this appendix.
* * * * *
2. Definitions
Definitions for terms, modes, calculations, etc. are in
accordance with AHAM DH-1-2022, section 3, with the following added
definitions:
Energy factor for dehumidifiers means a measure of energy
efficiency of a dehumidifier calculated by dividing the water
removed from the air by the energy consumed, measured in liters per
kilowatt-hour (L/kWh).
External static pressure (ESP) means the process air outlet
static pressure minus the process air inlet static pressure,
measured in inches of water column (in. w.c.).
Process air means the air supplied to the dehumidifier from the
dehumidified space and discharged to the dehumidified space after
some of the moisture has been removed by means of the refrigeration
system.
Product capacity for dehumidifiers means a measure of the
ability of the dehumidifier to remove moisture from its surrounding
atmosphere, measured in pints collected per 24 hours of operation
under the specified ambient conditions.
Product case volume for whole-home dehumidifiers means a measure
of the rectangular volume that the product case occupies, exclusive
of any duct attachment collars or other external components.
Reactivation air means the air drawn from unconditioned space to
remove moisture from the desiccant wheel of a refrigerant-desiccant
dehumidifier and discharged to unconditioned space.
* * * * *
3.1 * * *
3.1.1 Portable dehumidifiers and whole-home dehumidifiers other
than refrigerant-desiccant dehumidifiers. The test apparatus and
instructions for testing in dehumidification mode and off-cycle mode
must conform to the requirements specified in Section 4,
``Instrumentation,'' section 5.1, ``General,'' section 5.2, ``Test
Room,'' Section 5.3, ``Positioning of Test Unit,'' and section 5.5,
``Control settings'' of AHAM DH-1-2022, with the following
exceptions. If a product is able to operate as either a portable or
whole-home dehumidifier by means of removal or installation of an
optional ducting kit, in accordance with any manufacturer
instructions available to a consumer, test and rate both
configurations.
* * * * *
3.1.1.2 Instrumentation placement. If using a sampling tree,
follow the instrumentation placement instructions in sections 5.3
and 8.4 of AHAM DH-1-2022. If not using a sampling tree, place the
aspirating psychrometer or relative humidity and dry-bulb
temperature sensors perpendicular to, and 1 ft. in front of, the
center of the process air intake grille. During each test, use the
psychrometer or relative humidity and dry-bulb sensors to monitor
inlet conditions of only one unit under test. When using relative
humidity and dry-bulb temperature sensors without sampling trees to
test a unit that has multiple process air intake grilles, place a
relative humidity sensor and dry-bulb temperature sensor
perpendicular to, and 1 ft. in front of, the center of each process
air intake grille.
* * * * *
3.1.1.4 Control settings. Follow the control settings
instructions in section 5.5 of AHAM DH-1-2022.
* * * * *
3.1.2 Refrigerant-desiccant dehumidifiers. The test apparatus
and instructions for testing refrigerant-desiccant dehumidifiers in
dehumidification mode must conform to the requirements specified in
section 3, ``Definitions,'' section 4, ``Instrumentation,'' and
section 5.1, ``General,'' section 5.2, ``Test Room,'' and section
5.5, ``Control settings,'' of AHAM DH-1-2022, except as follows.
* * * * *
3.1.2.2.3.1 External static pressure. Measure static pressures
in each duct using pitot-static tube traverses, a flow nozzle or a
bank of flow nozzles. For pitot-static tube traverses, conform to
the specifications in section 4.3.1, ``Pitot Traverse,'' of ANSI/
AMCA 210 and section 4.2.2, ``Pitot-Static Tube,'' of ANSI/AMCA 210,
except use only two intersecting and perpendicular rows of pitot-
static tube traverses. For a flow nozzle or bank of flow nozzles,
conform to the specifications in section 4.3.2, ``Flow nozzle,'' of
ANSI/AMCA 210 and section 4.2.3, ``Static pressure tap'' of ANSI/
AMCA 210. Record the static pressure within the test duct as
follows. When using pitot-static tube traverses, record the pressure
as measured at the pressure tap in the manifold of the traverses
that averages the individual static pressures at each pitot-static
tube. When using a flow nozzle or bank of nozzles, record the
pressure or in accordance with section 4.2.3.2, ``Averaging,'' of
ANSI/AMCA 210. Calculate duct pressure losses between the unit under
test and the plane of each static pressure measurement in accordance
with section 7.5.2, ``Pressure Losses,'' of ANSI/AMCA 210. The
external static pressure is the difference between the measured
inlet and outlet static pressure measurements, minus the sum of the
inlet and outlet duct pressure losses. For any port with no duct
attached, use a static pressure of 0.00 in. w.c. with no duct
pressure loss in the calculation of external static pressure. During
dehumidification mode testing, the external static pressure must
equal 0.20 in. w.c. 0.02 in. w.c.
3.1.2.2.3.2 Velocity pressure. Measure velocity pressures using
the same pitot traverses or nozzles as used for measuring external
static pressure, which are specified in section 3.1.2.2.3.1 of this
appendix. When using pitot-static tube traverses, determine velocity
pressures at each pitot-static tube in a traverse as the difference
between the pressure at the impact pressure tap and the pressure at
the static pressure tap and calculate volumetric flow rates in each
duct in accordance with section 7.3.1, ``Velocity Traverse,'' of
ANSI/AMCA 210. When using a flow nozzle or a bank of flow nozzles,
calculate the volumetric flow rates in each duct in accordance with
section 7.3.2, ``Nozzle,'' of ANSI/AMCA 210.
* * * * *
3.1.2.3 Control settings. Follow the control settings
instructions in section 5.5 of AHAM DH-1-2022.
* * * * *
3.2.2 * * *
3.2.2.1 Electrical supply. For the inactive mode and off mode
testing, maintain the electrical supply voltage and frequency
indicated in section 8.3, ``Standard Test Voltage,'' of AHAM DH-1-
2022. The electrical supply frequency shall be maintained 1 percent.
* * * * *
4.1 * * *
4.1.1 Portable dehumidifiers and whole-home dehumidifiers other
than refrigerant-desiccant dehumidifiers. Measure the energy
consumption in dehumidification mode, EDM, in kilowatt-hours (kWh),
the average percent relative humidity, Ht, either as measured using
a relative humidity sensor or using Tables 2 and 3 when using an
aspirating psychrometer, and the product capacity, Ct, in pints per
day (pints/day), in accordance with the test requirements specified
in section 7, ``Test Tolerances,'' section 8, ``Capacity Test,'' and
section 9, ``Energy Consumption,'' of AHAM DH-1-2022, with two
exceptions. First, the rating test period must be 2 hours. Second,
maintain the standard test conditions as shown in Table 1.
[[Page 48054]]
Table 1 to Paragraph 4.1.1--Standard Test Conditions for Dehumidifier Testing
----------------------------------------------------------------------------------------------------------------
Aspirating Relative
Dry-bulb psychrometer Wet- humidity sensor
Configuration temperature bulb temperature relative
([deg]F) ([deg]F) humidity (%)
----------------------------------------------------------------------------------------------------------------
Portable dehumidifiers................................. 65 56.6 60 2
2.0 1.0
Whole-home dehumidifiers............................... 73 63.6 60 2
2.0 1.0
----------------------------------------------------------------------------------------------------------------
When using relative humidity and dry-bulb temperature sensors,
for dehumidifiers with multiple process air intake grilles, average
the measured relative humidities and average the measured dry-bulb
temperatures to determine the overall intake air conditions.
Table 2 to Paragraph 4.1.1--Relative Humidity as a Function of Dry-Bulb and Wet-Bulb Temperatures for Portable Dehumidifiers
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dry-bulb temperature ([deg]F)
Wet-bulb temperature ([deg]F) ------------------------------------------------------------------------------------------------------------------------
64.5 64.6 64.7 64.8 64.9 65 65.1 65.2 65.3 65.4 65.5
--------------------------------------------------------------------------------------------------------------------------------------------------------
56.3........................... 60.32 59.94 59.57 59.17 58.8 58.42 58.04 57.67 57.3 56.93 56.56
56.4........................... 60.77 60.38 60 59.62 59.24 58.86 58.48 58.11 57.73 57.36 56.99
56.5........................... 61.22 60.83 60.44 60.06 59.68 59.3 58.92 58.54 58.17 57.8 57.43
56.6........................... 61.66 61.27 60.89 60.5 60.12 59.74 59.36 58.98 58.6 58.23 57.86
56.7........................... 62.4 61.72 61.33 60.95 60.56 60.18 59.8 59.42 59.04 58.67 58.29
56.8........................... 62.56 62.17 61.78 61.39 61 60.62 60.24 59.86 59.48 59.1 58.73
56.9........................... 63.01 62.62 62.23 61.84 61.45 61.06 60.68 60.3 59.92 59.54 59.16
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 3 to Paragraph 4.1.1--Relative Humidity as a Function of Dry-Bulb and Wet-Bulb Temperatures for Whole-Home Dehumidifiers
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dry-bulb temperature ([deg]F)
Wet-bulb temperature ([deg]F) ------------------------------------------------------------------------------------------------------------------------
72.5 72.6 72.7 72.8 72.9 73 73.1 73.2 73.3 73.4 73.5
--------------------------------------------------------------------------------------------------------------------------------------------------------
63.3........................... 60.59 60.26 59.92 59.59 59.26 58.92 58.6 58.27 57.94 57.62 57.3
63.4........................... 60.98 60.64 60.31 59.75 59.64 59.31 58.98 58.65 58.32 58 57.67
63.5........................... 61.37 61.03 60.7 60.36 60.02 59.69 59.36 59.03 58.7 58.38 58.05
63.6........................... 61.76 61.42 61.08 60.75 60.41 60.08 59.74 59.41 59.08 58.76 58.43
63.7........................... 62.16 61.81 61.47 61.13 60.8 60.46 60.13 59.8 59.47 59.14 58.81
63.8........................... 62.55 62.2 61.86 61.52 61.18 60.85 60.51 60.18 59.85 59.52 59.19
63.9........................... 62.94 62.6 62.25 61.91 61.57 61.23 60.9 60.56 60.23 59.9 59.57
--------------------------------------------------------------------------------------------------------------------------------------------------------
4.1.2 Refrigerant-desiccant dehumidifiers. Establish the testing
conditions set forth in section 3.1.2 of this appendix. Measure the
energy consumption, EDM, in kWh, in accordance with the test
requirements specified in section 8, ``Capacity Test,'' and section
9, ``Energy Consumption,'' respectively, of AHAM DH-1-2022, with the
following exceptions and adjustments:
(a) Each measurement of the temperature and relative humidity of
the air entering the process air inlet duct and the reactivation air
inlet must be within 73 [deg]F 2.0 [deg]F dry-bulb
temperature and 60 percent 5 percent relative humidity,
and the arithmetic average of the inlet test conditions over the
test period shall be within 73 [deg]F 0.5 [deg]F dry-
bulb temperature and 60 percent 2 percent relative
humidity;
(b) Disregard the instructions for psychrometer placement;
(c) Record dry-bulb temperatures, relative humidities, static
pressures, velocity pressures in each duct, volumetric air flow
rates, and the number of measurements in the test period;
(d) Disregard the requirement to weigh the condensate collected
during the test;
(e) The rating test period must be 2 hours; and
(f) To perform the calculations in section 9.4, ``Calculation of
Test Results,'' of AHAM DH-1-2022:
(i) Replace ``Condensate collected (lb)'' and ``mlb'', with the
weight of condensate removed, W, as calculated in section 5.6 of
this appendix; and
(ii) Use the recorded relative humidities, not the tables in
section 4.1.1 of this appendix, to determine average relative
humidity.
4.2 Off-cycle mode. Follow requirements for test measurement in
off-cycle mode of operation in accordance with section 9.3.2 of AHAM
DH-1-2022.
4.3 Inactive and off mode. Follow requirements for test
measurement in inactive and off modes of operation in accordance
with section 9.3.1 of AHAM DH-1-2022.
* * * * *
5. * * *
5.4 Integrated energy factor. Calculate the integrated energy
factor, IEF, in L/kWh, rounded to two decimal places, according to
the following:
[GRAPHIC] [TIFF OMITTED] TR26JY23.017
[[Page 48055]]
Where:
Cr = corrected product capacity in pints per day, as
determined in section 5.2 of this appendix;
2 = dehumidification mode test duration in hours;
EDM = energy consumption during the 2-hour
dehumidification mode test in kWh, as measured in section 4.1 of
this appendix;
ETLP = annual combined low-power mode energy consumption
in kWh per year, as calculated in section 5.3 of this appendix;
1,095 = dehumidification mode annual hours, used to convert
ETLP to combined low-power mode energy consumption per
hour of dehumidification mode;
1.04 = the density of water in pounds per pint;
0.454 = the liters of water per pound of water; and
24 = the number of hours per day.
* * * * *
[FR Doc. 2023-14980 Filed 7-25-23; 8:45 am]
BILLING CODE 6450-01-P
