### Federal Register / Vol. 46, No. 96 / Tuesday, May 19, 1981 / Rules and Regulations

DEPARTMENT OF ENERGY

Office of Conservation and Renewable Energy, Office of Assistant Secretary

10 CFR Part 430
Energy Conservation Program for Consumer Products; Amendments To Test Procedures forClothes Dryers

AGENCY: 

### Department ofEnergy. ACTION: Final rule.

SUMMARY: The Department ofEnergy (DOE) hereby prescribes amendments to its testprocedures for clothes dryers. These testprocedures are part of the
energy conservation program for

consumer products established pursuant to the Energy Policy and Conservation Act, (Pub. L. 94-163), as amended by the National Energy Conservation Policy Act, (Pub. L. 95-619), which requires that standard methods oftesting be prescribed for covered products. Manufacturers, when voluntarily making energy representations, are required to

use DOE test procedures.

The purpose ofthese amendments is to clarify sections concerning automatic termination controls, test cloths, dryer preconditioning, and to include technical revisions. These amendments reflect the fact that energy savings for automatic temperature sensing controls are equal to those for automatic moisture sensing controls. The amendments are designed to further reduce test variability under these procedures. EFFECTIVE DATE: June 18, 1981. FOR FURTHER INFORMATION CONTACT: James A. Smith, U.S. Department of

Energy, Office ofConservation and Renewable Energy, Consumer Products Efficiency Branch, Room GH-065, CS 113.1, 1000 Independence Avenue, S.W., Washington, D.C. 20585, (202) 252-9127 Eugene Margolis, Esq., U.S. Department

ofEnergy, Office ofGeneral Counsel, Room 6B-128, GC-33, 1000 Independence Avenue, S.W., Washington, D.C. 20585, (202) 252- 9510 SUPPLEMENTARY INFORMATION:
A. Background

On October 1, 1977, the Department of Energy (DOE) assumed the authority of the Federal Energy Administration [FEA) for the energy consei'vation program for consumer products, pursuant to Section 301 of the Department ofEnergy Organization Act (DOE Act) (Pub. L. 95-51). The energy conservation program for consumer 

### products was established by FEA, pursuant to title 1II, Part Bofthe Energy Policy and Conservation Act (Act) (Pub. L.94-163). 1

### Section 323 (42 U.S.C. 6293) ofthe Act requires that standard methods oftestingbe prescribed for covered products. Test procedures appear at 10 CFR Part430, Subpart B.

Testprocedures for clothes dryers

were originally proposed by notice issued April 21, 1977 (42 FR 21589, April 27, 1977). Public hearings on the proposed test procedures wereheld on June 13, 1977. Afinal rulewas prescribed on September 14, 1977 (42FR 46145, September 14, 1977).

On December 26, 1978 (44 FR 49, January 2,1979), DOE published an advance notice of proposed rulemaking which invited interested persons to present written data, views and arguments with respect to establishing energy efficiency standards fornine types ofconsumer products, including clothes dryers. On August 17, 1979 (44 FR 49696, August 24, 1979), DOE issued a Notice ofOpportunity forFurther Comment. Several comments were received recommending changes to the clothes dryer testprocedure,

Onthe basis of analyses performed by the National Bureau ofStandards (NBS) and additional information furnished by the Association of Home Appliance Manufacturers (AHAM), DOEpublished

a proposed rule to amend its test procedures for clothes dryers on July 10, 1980 (45FR 46762). Ahearing was held

on September 4, 1980, and comments
were received. Comments on the clothes dryertest procedures were also received during the public comment period for the proposed rule for energy efficiency standards fornine types ofconsumer products (45 FR 43976, June 30, 1980).
B. Discussion

Comments were received from industry, trade associations and members ofthe public. The major issues raised are discussed below.
1.Automatic TerminationControls

A "Temperature Sensing Control" is a system which monitors dryer exhaust air temperature and automatically terminates the drying cycle. A "Moisture Sensing Control" is'a system which utilizes a moisture sensing element within the dryer drum that monitors the amount ofmoisture in the clothes and automatically terminates the drying cycle.

ISubsequently, the Act was amended by the National Energy Conservation Policy Act (NECPA (Pub. L 95-619). References in this notice to "the Act" or to sections of the Act refer to the Energy Policy and Conservation Act is amended by NECPA. The field use factor (FU in section 4 of Appendix D) is a multiplier to modify laboratory test results for energy use that approximates actual consumer use. Commenters stated that'the field use factor unfairly penalizes temperature sensing automatic termination control systems, as opposed to moisture sensing automatic controls. Data from AHAM Dryer Energy Field Tests for the years 1977 through'1979 confirm these
comments by indicating that the energy, savings for clothes dryers, having either temperature sensing or moisture sensing automatic termination control systems,

are approximately the same.

An NBS analysis offield test data on automatic termination controlled dryers shows that dryers with indicators or marks on their controls had a 13% energy savings over dryers without indicators or marks. This analysis also showed that the automatic controls, when available on the dryers, are used 90%ofthe time. Based on this usage DOE amends the field use factor to: 1.18 

### (1-(0.13 X0.9)) = 1.04 forboth temperature and moisture sensing automatic controls. The field use factor for time termination controlled dryers remains at 1.18.

Section 3.5 in today's notice states that the field use factor for automatic termination controls can be used for any dryer which has an automatic termination control and an appropriate mark or detent, where the mark or detent indicates a preferred automatic termination setting for reducing energy consumption. Also, definitions ofthe
two types ofautomatic termination controls-"temperature sensing control" and "moisture sensing control"-have been added as sections 1.12 and 1.13.

2. Test ClothSpecification

Today's notice changes the current testprocedure by adding a tolerance to the weight factor specified for "energy test cloths" used in testing. A 10 percent variation in density still allows an accurate prediction ofthe resulting energy factor.

NBS conducted a number oftests on 12 samples of cloth furnished by various manufacturers and textile suppliers. Results from these tests indicated that the conditioned cloth density varied by

more than 10% from 5.75 ounces per square yard and that the spin time required to reach the initial moisture content ofbetween 66.5% and 73.5% varied from 12 to 150 seconds. Even with these wide test cloth variations, the resulting energy factor was within a spread of h1.5%. Results from the above tests can be used to modify the existing test procedures to improve the 

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repeatability ofthe results. In order to maintain the same density, today's notice also specifies that for the test cloths, one energy test cloth can replace six energy stuffer cloths. (Nomore than five energy stuffer cloths can be used in

one test load.).
3.Dryer Preconditioning Today's notice adds a section to require the operation ofdryers to be tested in the nonheat mode in order to bring them to the ambient termperature. and humidity ofthe test area.

AHAM and other commenters pointed
out that the temperature ofthe dryer at the start ofa test run will have a measurable effect on test to determine the dryer energy use. NBS has been following the procedure in section 2.8 and has experienced an extremely small variation in test results, even for the first

run of the day.
4.EndPoint Moisture Retention

The majority ofthe comments received stated that clothes dryers with automatic termination controls adjusted
to satisfy the criterion proposed foruse ofthe field use factor would not satisfactorily dry a typical household laundry load. That is, a clothes dryer which terminated a standard test load at

an endpoint moisture content greater than 1.8%would leave a typical household load of mixed items feeling
wet to the touch. ("Moisture content"

means the ratio of the weight of water contained by the test load to the bonedry weight of the test load, expressed as

a percent.) With the test cloth used in the existing test procedure, itwould be
necessary to specify an end point moisture content ofless than 1% in order for mixed household loads, including collars, cuffs, and waistbands, to be reliably dried to the point that all items feel dry. Placing the end point at 1%or less (defined as bone dry in section 1.2) would result in an unacceptably high level ofuncertainty in test repeatability. Therefore, this proposal was rejected.

NBS also-investigated the feasibility ofa test procedure based on the use ofa specifically defined "typical household load." However, the additional requirement would increase the burdensomeness ofthe test procedure and considerable effort by both NBS and the industry has led to no clear indication ofwhat the content of the ideal test cloth or test load should be. Therefore, DOE is not including in today's notice offinal rulemaking the end point moisture content requirement of 1.8%which was proposed in section 3.5 ofAppendix D ofthe July 10, 1980 proposed rule. 

### 5. TestLoadPreparation
One commenter suggested that the tolerance forthe initial moisture content of thetest cloth load be reduced. On the basis of NBStests, thevariation in
energy factor resulting from the existing tolerance and use ofthe correction factor for the initial moisture content is within 0.5%. Further, an experienced technician can easily obtain an initial moisture content within the existing tolerance by following the test procedure. NBS also determined that a procedure ofover extraction ofmoisture by spinning and thenrewetting to obtain the moisture contentrequired by section 2.7 can produce a ±E5%variation in test results. Rewetting doesnot disperse the moisture throughtout the test load as uniformly as does spinning. Based upon NBS analysis of the above matters, DOE concludes that thetolerance for the initial moisture content ofthe test load cannot be reduced without making the
test procedure unduly burdensome. Therefore, DOEhas not changed the tolerance.

An issue closely related to initial moisturecontent retention (after wetting and spinning) is that of test cloth preconditioning prior to wetting. NBS determined, while investigating the effects ofrinse water temperature on energy use, that the initial moisture content ofthe cloth prior to wetting affects the value ofthe energy factor resulting from the testprocedure. It is possible to obtainrepeatable results only when starting from thebone dry condition. When a bone dry test cloth is stored overnight orlonger, Its moisture
content willcome into equilibrium with that ofthe surrounding air.It must be again bone dried immediately preceding wetting in order to obtain repeatable results.
6.LaboratoryTemperatureand Relative HumidityLevels

Several commenters recommended that,in orderto reduce the burdensomeness of the testprocedure, larger tolerances forlaboratory temperature and relative humidity be specified and that the test resultsbe adjusted by correction factors, as is currently done for the initial and final moisture retention.

The NBS test results show that for the specified test qondition tolerance on temperature, the uncertainty interval (or band) is less than ±1% 

### on energy factor, and forrelative humidity the uncertainty interval on energy factor is less than

-

- .5%. However, NBS does notpresently have a data base adequate to develop universally applicable correction factors and therefore no change is made in the test procedure.
7.OverallTestProcedureUncertainty

One manufacturer supplied data that indicated that a 9%variation in test results could result ifall of the test conditions were taken to the extremes. An NBS uncertainty analysis indicates that it is highly unlikely that all test conditions will be in the most adverse state allowed by the test procedure. Further, NBS's analysis indicates that the resulting uncertainty would be approximately ±E2%. No changes to the testprocedures have beenmade regarding this comment.
8.NumberofTestRuns on aSingle Machine
Several commenters suggested that the test procedures be changed to require three testruns on each machine and theresults averaged. DOE does not require any more than one test to characterize to given machine and sees

no reason to change this requirement. 9.Miscellaneous

After careful consideration of all the
comments and further consultation with NBS, DOE has made some editorial and minor technical changes (for example, the insertion oftheword "meter" after the word "Kilowatt-hour" in section 2.4.2 and the deletion in section 2.4.2 of "for any demand greater than 0.16 kilowatt-hours per hour" and in section 2.4.3 of "for any demand greater than 0.2 cubic feetper hour"-references to ranges in which the meter accuracy requirements do not apply), and incorporated them in the final rule prescribed today.
C.Regulations Prescribed
1. TestProcedures

The amendments to the test procedures forclothes dryers prescribed today are included in Subpart BofPart 430 and are substantially the same as those proposed, with the exception of the changes discussed aboVe.
2.RegulatoryandEnvironmental Review

In accordance with the requirements ofthe National Environmental Policy Act of1969 (NEPA) (42 U.S.C. 4321 

### et seq.], DOE has evaluated this rulemaking amending testprocedures for clothes dryers to determine ifan environmental assessment or an environmental impact statement is required. The test procedures willbe used only fo standardize the
measurement of energy usage for clothes dryers. The action ofprescribing these 27325

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### Federal Register / Vol. 46, No. 96 / Tuesday, May 19, 1981 / Rules and Regulations

amended test procedures will not result in any environmental impact. Because it is clear that therulemaking is not a major Federal action significantly affecting the quality of thehuman environment, DOE has determined that neither an environmental assessment
nor an environmental impact statement is required.

Thisrule has beenreviewed in accordance with Executive Order 12291. Itwas determined that thisrule was not significant and did not have major impacts to manufacturers and

consumers imposing annual economic costs of$100 million ormore.

In consideration ofthe foregoing, Part 430 ofChapter IIofTitle 10,Code of Federal Regulations, is amended as set forth below, effective June 18,1981.

Issued in Washington,D.C., May 12, 1981. 

### Frank DeGeorge, ActingAssistantSecretary Conservationand RenewableEnergy.

Appendix Dto Subpart BofPart430 is revised to read as follows: Appendix Dto Subpart BofPart 430- Uniform Test Method for Measuring the 

### Energy Consumptionof ClothesDryers
1.Definitions

1.1 "AHAM" means the Association of Home Appliance Manufacturers.

1.2 "Bone dry" means a condition ofa load of testclothes whichhas been dried in a dryer at maximum temperature for a minimum of10minutes, removed and weighed before cool down, and then dried again for 10-minute periods until the final weight change of the load is Ipercent orless.

1.3 "Compact" orcompact size" means a clothes dryer with a drum capacity of less than4.4 cubic feet.

1.4 "Cool down" means that portion of 

### the clothes drying cycle when the added gas
or electric heat is terminated and the clothes continue to tumble and dry within the drum.

1.5 "Cycle" means a sequence of operation ofa clothes dfyer whichperforms a clothes drying operation, and may include variations orcombinations ofthe functions of heating, tumbling and drying.

1.6 "Drum capacity" means the volume of the drying drum in cubic feet.

1.7 "HLD-1" means the test standard promulgated by AHAM and titled "AHAM Performance Evaluation Procedure for Household Tumble Type Clothes Dryers", June 1974, and designated as HLD-1.

1.8 "HLD-2EC"means the test standard promulgated by AHAM and titled 'Test Method for Measuring Energy Consumption ofHousehold Tumble Type Clothes Dryers," December 1975, and designated as HLD-2EC.

1.9 "Standard size" means a clothes dryer with a drum capacity of4.4 cubic feet or greater.

1.10 "Moisture content" means the ratio ofthe weight ofwater contained by the test loadto the bone-dry-weight ofthe test load, expressed as a percent.'

1.11 "Automatic termination control"

means a dryer control system with a sensor which monitors either the dryer load temperature orits moisture content and with

a controller which automatically terminates the drying process. A mark or detent which indicates a preferred automatic termination control setting must bepresent ifthe dryer is to be classified as having an "automatic termination control." A mark is a visible singlecontrol setting on one or more dryer controls.

1.12 "Temperature sensing control"

means a system which monitors dryer exhaust air temperature and automatically terminates the dryer cycle.

1.13 "Moisture sensing control" means a system which utilizes a moisture sensing element within the dryer drum that monitors the amount ofmoisture in the clothes and automatically terminates the dryer cycle.
2. TestingConditions

2.1 Installation. Install the clothes dryer In accordance with manufacturer's Instructions. The dryer exhaust shall be restricted by adding the AHAM exhaust simulator described in 3.3.5 ofHLD-1. All external joints should be taped to avoid air leakage. Disconnect all console light or other lighting systems on the clothes dryer which do not consume more than 10 watts during the clothes dryer test cycle.

2.2 Ambient temperatureondhumidity. Maintain the room ambient air temperature at 75 ±t 3 F and the room relative humidity at 50±t10percent relative humidity.

2.3 Energy supply. 2.3.1 Electrical supply.Maintain the electrical supply at theclothes dryer terminal block within I percent of120/240 or 120/208Y

or 120 volts as applicable to the particular terminal block wiring system and within 1 percent of the nameplate frequency as specified by the manufacturer. Ifthe dryer has a dualvoltage conversion capability, conduct test at the highest voltage specified by the manufacturer.

2.3.2 Gassupply. 2.3.2.1 Naturalgas. Maintains the gas supplyto the clothes dryer at a normal inlet test pressure immediately ahead ofall controls at 7to10inches ofwater column. If the clothes dryer is equipped with a gas appliance pressure regulator, the regulator outlet pressure at thenormal test pressure shall be approximately that recommended by the manufacturer. The hourly Btu rating ofthe burner shall be maintained within ±5 percent ofthe rating specified by the manufacturer. The natural gas supplied shouldhave aheating value ofapproximately 1,025 Btu's perstandard cubic foot. The actualheating value, Hn2, inBtu's per standard cubic foot, for the natural gas to be used in the test shall beobtained either from measurements made by the manufacturer conducting the test usinga standard continuous flow calorimeter as described in 2.4.6 or by the purchase ofbottled natural gas whose Btu ratingis certified to be at least as accurate a rating as could be obtained from measurements with a standard continuous flow calorimeter as described in 2.4.6.

2.3.2.2 Propane gas.Maintain the gas supply to the clothes dryer at a normal inlet test pressure immediately ahead ofall controls at 11 to 13 inches ofwater column.If the clothes dryer is equipped with a gas appliance pressure regulator, the regulator outlet pressure at the normal test pressure shall be approximately that recommended by the manufacturer. The hourly Btu rating of the burner shall be maintained within ±5 percent of the rating specified by the manufacturer. The propane gas supplied should have a heating value ofapproximately 2,500 Btu's per standard cubic foot.The actual heating value, Hp, in Btu's per standard cubic foot, for the propane gas to be used in the test shall be obtained either from
measurements made by the manufacturer conducting the test using a standard continuous flow calorimeter as described in 2.4.6 or by the purchase ofbottled gas whose Btu ratingis certified to be at least as accurate a rating as could be obtained from
measurement with a standard continuous calorimeter as described in 2.4.6.

2.4 Instrumentation.Performalltest measurementsusingthefollowing instrumentsas appropriate.

2.4.1 Weighing scale fortestcloth.The scale shall have a range of0 to a maximum of 30 pounds with a resolution of at least 0.2

ounces and a maximum error no greater than 0.3 percent ofany measured value within the' range of3 to15 pounds.

2.4.1.2 Weighingscalefordrum capacity
measurements.The scale should have a range of0 to a maximum of500 pounds with resolution of0.50 pounds and a maximum

error no greater than 0.5 percent ofthe measured value.

2.4.2 Kilowatt-hour meter.The kilowatthour meter shall have a resolution of0.001 kilowatt-hours and a maximum error no
greater than 0.5 percent ofthe measured value.

2.4.3 Gas meter.The gas meter shall have

a resolution of0.001 cubic feet and a maximum error no greater than 0.5 percent of the measured value.

2.4.4 Dryandwetbulbpsychrometer.The dry and wet bulb psychrometer shall have an

error nogreater than ±1°F.

2.4.5 Temperature. The temperature

sensor shall have an error no greater than ±1OF.

2.4.6 Standard ContinuousFlow Calorimeter. The Calorimeter shall have an operating range of750 to3,500 Btu per cubic feet. The maximum error ofthe basic calorimeter shall be no greater than 0.2 percent of the actual heating value ofthe gas used In the test. The indicator readout shall have a maximum error no greater than 0.5 percent of the measured value within the operating range and a resolution of0.2 percent of the full scale reading ofthe indicator instrument.

2.5 Linttrap.Clean the lint trap thoroughly before each test run.

2.6 Testcloths. 2.6.1 Energytestcloth.The energy test cloth shall be clean and consist of the following:

(a) Pure finished bleached cloth, made with

a momle or granite weave, which is a blended fabric of 50percent cotton and 50 percent polyester and weighs within + 10 percent of5.75 ounces per square yard after
test cloth preconditioning and has 65 ends on the warp and 57 picks on the fill. The 

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Individual warp and fill yarns are ablend of 60 percent cotton and 50percent polyester fibers.

(b)Cloth material that is 24 inches by 36 Inches and has been hemmed to22 inches by 34 inchesbefore washing. The maximum shrinkage after five washes shall not be more than fourpercent on the length and width.

(c) Thenumber oftest runs on the same energy testcloth shall not exceed 25runs.

2.6.2 Energystuffercloths.Theenergy stuffer cloths shall bemade from energy test cloth material and shall consist ofpieces of material that are 12 inches by 12 inches and have been hemmed to 10 inches by 10 Inches before washing. Themaximum shrinkage after five washes shall not be more thanfour percent on the length and width. The number oftest runs on the same energy stuffercloth shall notexceed 25 runs aftertest cloth preconditioning.

2.6.3 Test ClothPreconditioning. A new test clothload and energy stuffer cloths shall be treated as follows:

(1] Bone dry the loadto a weight change of ±_1 percent, orless, as prescribed in Section 1.2.

(2)Place test clothload in a standard clothes washer set at themaximum water fill level. Wash the load for 10 minutes in soft water (17parts permillion hardness or less), using 6.0grams ofAHAM Standard Test Detergent, IIA, pergallon ofwater.Wash water temperature is to controlled at 140'±5'F (60'±2.7-C).Rinse water temperature is to be controlled at 100*±5*F (37.7±2.7"C.

(3)Rinse the load again at the same water temperature.

(4)Bone dry the load as prescribed in Section 1.2 and weigh the load.

.

(5)This procedure is repeated until there Is

a weightchange ofone percent orless.

(6)Afinal cycle is to be a hot water wash with no detergent, followed by two warm water rinses.

2.7 Test loads. 2.7.1 Compactsize dryerload. Prepare a bone-dry test load-of energy cloths which weighs 3.00 pounds ±.03 pounds. Adjustments to the test load to achieve the proper weightcan be made by the use of energy stuffer cloths, with no more than.five stuffercloths perload. Dampen the load by agitatingit inwater whose temperature is 100°±50 Fand consists of0to 17 parts per millionhardness for approximately two minutes in order to saturate the fabric. Then, extract water from the wet test load by spinning the load until the moisture content ofthe load is between 66.5 percent to 73.5 percent of the bone-dry weight ofthe test load.

2.7.2 Standard size dryerload.Prepare a bone-dry test load ofenergy cloths which weighs 7.00 pounds ±.07 pounds. , Adjustments to the test load to achieve the, proper weight can be made by the use of energy stuffer cloths, with no more than 'five stuffer cloths per load. Dampen the load by agitating it in water whose temperature is 100'±5°F and consists of0to 17 parts per million hardness for approximately two minutes in order to saturate the fabric.Then, extract water from the wet test load by spinning the load until the moisture content ofthe load is between 65.5 percent to 73.5 percent ofthe bone-dry weight ofthe test load.

2.7.3 Methodofloading.Load the energy teat cloths by grasping them in the center, shaking them tohang loosely and then dropping them in thedryer atrandom.

2.8 Clothesdryer preconditioning. Before
any test cycle, operate the dryer without a test load in the non-heat mode for 15 minutes

oruntil the discharge air temperature is varying less than IF for 10 minutes, which

ever is longer, in the test installation location with the ambient conditions within the specified rest condition tolerances of2.2.

3. TestProcedures andMeasurements 3.1 Drumcapacity. Measure the drum capacity by sealing all openings in the drum except theloading port with a plastic bag, and ensure that all corners and depressions

are filled and that there are no extrusions of the plastic bag through the opening in the drum. Support the dryer's rear drum surface

on a platform scale to prevent deflection of the dryer, and'record the weight ofthe empty dryer. Fill the drum with water to a level determined by the intersection ofthe door plane and the loading port. Record the temperature ofthe water and then the weight ofthe dryer with the added water and then determine themass ofthe water inpounds. Add or subtract the appropriate volume depending on whether or not theplastic bag protrudes into the drum int~rior. The drum capacity is calculated as follows: C=w/d

C=capacity In cubic feet. w=weight ofwater in pounds. d=density ofwater at the measured

temperature in pounds per cubic feet. 3.2 Dryerloading. Load the dryer as specified in 2.7.

3.3 Test cycle.Operate the clothes dryer
at the maximum temperature setting and, if equipped with a timer, at the maximum time setting and dry thetest load until the moisture content ofthe test load is between 2.5 percent to 5.0percent ofthe bone-dry weight ofthe testload, but donot permit the dryer to advance into cool down. Ifrequired,
reset the.timer or automatic dry control.

3.4 Datarecording. Record for each test cycle:

3.4.1 Bone-dry weight of the testload described in 2.7.

3.4.2 Moisture content of the wet test load before the test, as described in 2.7.

3.4.3 Moisture content ofthe dry test load obtained after the test described in 3.3.

3.4.4 Test room conditions, temperature and percent relative humidity described in 2.2.

3.4.5 For electric dryers-the total kilowatt-hours ofelectric energy, Et, consumed during the test described in 3.3.

3.4.6 For gas dryers: 3.4.6.1 Total kilowatt-hours ofelectrical
energy, Et., consumed during the test' described in 3.3.

3.4.6.2 Cubic feet ofgas per cycle, E,, consumed during the test described in 3.3.

3.4.6.3 'On gas dryers using a continuously burning pilot light-the cubic feet ofgas, E,,, consumed by thegas pilotlight in one hour.

3.4.6.4 Correct the gas heating value, GEF,

as measured in2.3.2.1 and 2.3.2.2, to standard pressure and temperature conditions in accordance with U.S. Bureau ofStandards, circular C417, 1938. A sample calculation is Illustrated inAppendix E ofHLD-1.

3.5 Test forautomatictermination filld

use factorcredits.Credit for automatic termination can be claimed for those dryars which meet the requirements for either temperature-sensing control; 1.12, ormoisture sensing control, 1.13, and having present the appropriate mark or detent feed defined in 1.11.

4. Calculationof Derived ResultsFrom TestMeasurements

4.1 Total per-cycleelectricdryerenergy consumption.Calculate the total electric dryer energy consumption per cycle, E expressed in kilowatt-hours per cycle and defined as: E.=[66/W. W,d]X E, xFU

&=the energy recorded in 3.4.5. 66=an experimentally established value

for the percent reduction in the moisture
content ofthe test load during a laborstory test cycle expressed as a percent. FU=Field use factor. =1.18 for time termination control systems. =1.04 for automatic control systems which meet the requirements of the definitions for automatic termination controls In 1.11.1, 1.12 and 1.13. W,=the moisture content ofthe wet test

load as recorded in 3.4.2. Wd=the moisture content ofthe dry test

load as recorded in 3.4.3.

4.2 Per-cyclegasdryerelectricalenergy consumption.Calculate thegas dryer electrical energy consumption per cycle, E., expressed inkilowatt-hours per cycle and defined as: 

### g,

=[86/(w.- Wd}] 

### x&, xFU &,= the energy recorded in 3.4.6.1 U, 66, W.. Wd as defined in 4.1 4.3 Per-cyclegasdryergasenergy consumption.Calculate the gas dryer gas energy consumption per cycle, E,.expressed in Btu's per cycle as defined as:

E= [68/(W.- Wd)] xE & x FUxGEF F,=the energy recorded in 3.4.6.2 GEF=corrected gas heat value (Btu per

cubic feet) as defined in 3.4.6.4 FU,66, W. Wd as defined in 4.1 4.4 Per-cyclegasdryercontinuously burning pilotlightgasenergyconsumption. Calculate the gas dryer continuously burning pilot light gas energy consumption per cycle, Eup expressed in Btu's per cycle and defined

as: Eup=Eg X(8760-140/416) X GEF Ep,=the energy recorded in 3.4.6.3 8760=number ofhours in a year 416= representative average number of

clothes dryer cycles in a year 140=estimated number ofhours that the

continuously burning pilot light ison during the operation ofthe clothes dryer for the representative average use cycle for clothes dryers (416 cycles per year) GEFasdefined in 4.3 

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4.5 Totalper-cyclegasdryer gasenergy consumptionexpressedinBtu's. Calculate the total gas dryer energy consumption per cycle,E. expressed inBtu's per cycleand defined as: Eg=Egg+Ep

Egg as defined in 4.3 Eupas defined in 4.4 4.6 Total per-cyclegasdryerenergy consumptionexpressedinkilowatt-hours. Calculate the total gas dryer energy consumption per cycle,E6. expressed in kilowatt-hours per cycle and defined as: E =Ege +(Eg/3412Btulk Wh)

Ew as defined in 4.2 F as defined in 4.5
[IFR

Doc. 81-14778 Filed5-18-81; 8:45am] SILUNG CODE 6450-01-M

PENSION BENEFIT GUARANTY

CORPORATION

29 CFR Part 2602
Payment of Premiums
AGENCY: Pension Benefit Guaranty Corporation. ACTION: Final rule.
SUMMARY: The Pension Benefit Guaranty Corporation ("PBGC") issued

a final rule on August 5, 1976 relating to the payment ofpremiums by pension plans covered under Title IV ofthe Employee Retirement Income Security Act ("ERISA"). This amendment is intended to simplify and clarify the definition of "participant" without substantively altering its meaning, to streamline the reporting requirements of ERISA by changing the filing deadline of the PBGC premium payment form (PBGC-1) to conform, where possible, with the date by which the Form 5500 series (AnnualReport) must be submitted to the Internal Revenue Service, and to update the rate of interest for late payment ofpremiums. Other minor technical changes are made to clarify filing requirements. EFFECTIVE DATE: Thisregulation is effective on May 19, 1981.
FOR FURTHER INFORMATION CONTACT. David Weingarten, Special Counsel, Office of the General Counsel, Pension Benefit Guaranty Corporation, 2020K Street, NW., Washington, D.C. 20006; 202-254-3010. (Thisis not a toll-free number.)
SUPPLEMENTARY INFORMATION: The Employee Retirement Income Security Act, 29 U.S.C. 1001, etseq., as amended by the Multiemployer Pension Plan Amendments Act of1980, Pub. L. 96-364, 94 Stat. 1208, provides for a comprehensive pension plan insurance program inTitle IV. Under the statutory scheme, plans pay a stated dollar amount per participant in premiums annually to help finance the program. At plan termination, the PBGC guarantees payment ofbenefits in accordance with §§4022,4022A and 4022B.

To implement these statutory requirements, the PBGC published the Payment ofPremiums regulation on August 5, 1976, 41 FR 32710, which prescribes the form forpayment of premiums (PBGC-1) and sets forth rules relating to premium payment and the penalties and interest forfailure to comply with these requirements. The regulation was last amended on December 8. 1980,45 FR 80822, to reflect

a statutory increase in the rate of premiums for multiemployer plans.

The definition of"participant" in §2602.2 has been reorganized and clarified in this amendment, although It is not substantively changed. It is rewritten here and in the instructions to the form prescribed by the regulation, the PBGC-1 form, to make it easier for plan administrators to understand. The number ofparticipants counted under the amended definition will still be the

same as it would have been under the priorregulation, and, as the instructions to the PBGC-1 form make clear, the

same as the number recorded on the Annual Report Form 5500 series, filed with the Internal Revenue Service for

use by the IRS, the Department ofLabor and the PBGC. We note that the definition ofthe term "participant" as defined in thisregulation is not necessarily the same as the definition of "participant" in section 3(7) ofERISA, or the definition of "participant" under the Internal Revenue Code.

Another change made in the rule allows a plan administrator to file the PBGC-1 form at the same time he or she makes his orher Form 5500 series filing. Under the current regulation, the deadline for filing the PBGC-1 form is precisely 7 months after the last day of the prior plan year. The Form 5500 series filing must be made by the last day of the seventh month following the close of the prior plan year. Thus, forexample, if

a plan year ends on December 15, a plan currently must file the PBGC-1 form by July 15 of the following year, and must make itsForm 5500 series filing by July 31 ofthat year. Because much of the information needed to complete both forms is the same, the PIBGC has determined that to minimize the administrative burden on plan administrators, the forms should have the same filing deadline. Accordingly, §2602.3 Is amended to permit the forms

o be filed concurrently on the date the

orm 5500 series Is due. However, an extension ofthe due date granted by the IRS forfiling the IRS/DOL/PBGC Form 5500 (Annual Return/Report of Employee Benefit Plan) will not result in

an extension of the due date for the PBGC-1 premium filing.

A new provision has been added to clarify the filing dates for plans which change plan years. The rule provides that the filing deadline is the later of

seven months following the close ofthe short plan year or 30 days after the date

on which an amendment was adopted to change the planyear. For example, a plan that changes its plan year from a calendar year plan year to a plan year beginning on July 1, must file its PBGC-1 form by the later ofseven months after June 30, the close ofthe short planyear,
or 30 days after the adoption ofthe amendment changing the plan year. In addition, a new §2602.5(d) is added to clarify that plans that change their plan year must pay an annual premium based

on the number ofplan participants on the last day of the short plan year. Section 2602.3 has also been amended to make clear that the obligation to pay premiums continues until a plan's assets

are distributed under a termination procedure or a trustee is appointed under section 4042 ofthe Act, whichever

occurs earlier. A technical change has been made in §2602.5(c) to clarify the filing deadline for newly covered plans.

Three changes are made to clarify the filing deadlines in the regulation. In §2602.10, the current regulation treats the PBGC-1 form and premium payment

as being filed on the date on which it is postmarked by the United States Postal Service or three days prior to the date it is received by the PBGC ifit is not postmarked. The PBGC has interpreted the "three days prior to receipt" standard to apply when the form or payment is either not postmarked or when the postmark is illegible. This section of the regulation is amended to add the circumstance ofan illegible postmark to the three day standard set forth in the regulation in order to advise the public ofthe agency's interpretation. The other changes are in § 2602.11, which relates to computation oftime for determining the filing deadline and other purposes. To conform this regulation to other PBGC regulations and to clarify the filing deadline, the section is amended to specify that: (1) in counting days, every calendar day iscounted, including federal holidays and Saturdays and Sundays, but where a due date falls on a federal holiday or Saturday or Sunday, the deadline for filing is the next business day, and (2) Saturdays, Sundays and federal holidays are counted after the due date

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