8112 Federal Register / Vol. 79, No. 28 / Tuesday, February 11, 2014 / Proposed Rules 

secs. 11e(2), 81, 83, 84 (42 U.S.C. 2014e(2), 

2111, 2113, 2114). Section 150.14 also issued 

under Atomic Energy Act sec. 53 (42 U.S.C. 

2073). 

Section 150.15 also issued under Nuclear 

Waste Policy Act sec. 135 (42 U.S.C. 10155). 

Section 150.17a also issued under Atomic 

Energy Act sec. 122 (42 U.S.C. 2152). Section 

150.30 also issued under Atomic Energy Act 

sec. 234 (42 U.S.C. 2282). 

■ 28. In § 150.2, revise the last sentence 

to read as follows: 

§ 150.2 Scope. 

* * * This part also gives notice to all 

persons who knowingly provide to any 

licensee, applicant for a license or 

certificate or quality assurance program 

approval, holder of a certificate or 

quality assurance program approval, 

contractor, or subcontractor, any 

components, equipment, materials, or 

other goods or services that relate to a 

licensee’s, certificate holder’s, quality 

assurance program approval holder’s or 

applicant’s activities subject to this part, 

that they may be individually subject to 

NRC enforcement action for violation of 

§§ 30.10, 40.10, 61.9b, 70.10, and 71.8. 

Dated at Rockville, Maryland, this 30th day 

of January 2014. 

For the Nuclear Regulatory Commission. 

Annette L. Vietti-Cook, 

Secretary of the Commission. 

[FR Doc. 2014–02570 Filed 2–10–14; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF ENERGY 

10 CFR Parts 429 and 431 

[Docket No. EERE–2013–BT–TP–0002] 

RIN 1904–AC93 

Energy Conservation Program: Test 

Procedures for Commercial Clothes 

Washers 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The U.S. Department of 

Energy (DOE) proposes to revise its test 

procedures and certification reporting 

requirements for commercial clothes 

washers established under the Energy 

Policy and Conservation Act. The 

proposed amendments provide 

numerical equations for translating 

modified energy factor and water factor 

values as measured using DOE’s new 

clothes washer test procedure into their 

equivalent values as measured using the 

current test procedure. The proposed 

amendments also clarify the dates for 

which the current and new test 

procedures can be used to determine 

compliance with existing energy 

conservation standards and any future 

revised energy conservation standards 

for commercial clothes washers. 

DATES: DOE will accept comments, data, 

and information regarding this notice of 

proposed rulemaking (NOPR) no later 

than April 28, 2014 See section V, 

‘‘Public Participation,’’ for details. DOE 

will hold a public meeting on this 

proposed test procedure if one is 

requested by February 26, 2014. 

ADDRESSES: Any comments submitted 

must identify the NOPR for Test 

Procedures for Commercial Clothes 

Washers, and provide docket number 

EERE–2013–BT–TP–0002 and/or 

regulatory information number (RIN) 

number 1904–AC93. Comments may be 

submitted using any of the following 

methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the 

instructions for submitting comments. 

2. Email: CCW2013TP0002@

ee.doe.gov Include the docket number 

and/or RIN in the subject line of the 

message. 

3. Mail: Ms. Brenda Edwards, U.S. 

Department of Energy, Building 

Technologies Program, Mailstop EE–2J, 

1000 Independence Avenue SW., 

Washington, DC 20585–0121. If 

possible, please submit all items on a 

CD. It is not necessary to include 

printed copies. 

4. Hand Delivery/Courier: Ms. Brenda 

Edwards, U.S. Department of Energy, 

Building Technologies Program, 950 

L’Enfant Plaza SW., Suite 600, 

Washington, DC 20024. Telephone: 

(202) 586–2945. If possible, please 

submit all items on a CD. It is not 

necessary to include printed copies. 

For detailed instructions on 

submitting comments and additional 

information on the rulemaking process, 

see section V of this document (Public 

Participation). 

Docket: The docket, which includes 

Federal Register notices, comments, 

and other supporting documents/

materials, is available for review at 

regulations.gov. All documents in the 

docket are listed in the regulations.gov 

index. However, some documents listed 

in the index, such as those containing 

information that is exempt from public 

disclosure, may not be publicly 

available. 

For further information on how to 

submit a comment, review other public 

comments and the docket, or participate 

in the public meeting, contact Ms. 

Brenda Edwards at (202) 586–2945 or by 

email: Brenda.Edwards@ee.doe.gov. 

FOR FURTHER INFORMATION CONTACT: 

Ashley Armstrong, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies Program, EE–2J, 1000 

Independence Avenue SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–6590. Email: 

commercial_clothes_washers@

ee.doe.gov. 

Elizabeth Kohl, U.S. Department of 

Energy, Office of the General Counsel, 

GC–71, 1000 Independence Avenue 

SW., Washington, DC 20585–0121. 

Telephone: (202) 586–7796. Email: 

Elizabeth.Kohl@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Authority and Background 

II. Summary of the Notice of Proposed 

Rulemaking 

III. Discussion 

A. Top-Loading Translation Equations 

B. Front-Loading Translation Equations 

C. Responses to Comments Received from 

Standards Rulemaking 

1. Use of Appendix J2 and Translation 

Equations 

2. Separate Provisions for Commercial 

Clothes Washers 

IV. Procedural Issues and Regulatory Review 

A. Review Under Executive Order 12866 

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 

V. Public Participation 

VI. Approval of the Office of the Secretary 

I. Authority and Background 

Title III of the Energy Policy and 

Conservation Act of 1975 (42 U.S.C. 

6291, et seq; ‘‘EPCA’’), Public Law 94– 

163, sets forth a variety of provisions 

designed to improve energy efficiency. 

(All references to EPCA refer to the 

statute as amended through the 

American Energy Manufacturing 

Technical Corrections Act, Pub. L. 112– 

210 (Dec. 18, 2012)). Part C of title III, 

which for editorial reasons was redesignated as Part A–1 upon 

incorporation into the U.S. Code (42 

U.S.C. 6311–6317, as codified), 

establishes the ‘‘Energy Conservation 

Program for Certain Industrial 

Equipment.’’ The program includes 

commercial clothes washers, the subject 


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1 Docket number EERE–2012–BT–STD–0020. For 

more information, see DOE’s commercial clothes 

washer rulemaking Web page at http://

www1.eere.energy.gov/buildings/appliance_

standards/product.aspx/productid/46. 

2The framework document for the energy 

conservation standards rulemaking for commercial 

clothes washers is available at DOE’s rulemaking 

Web page: http://www1.eere.energy.gov/buildings/

appliance_standards/rulemaking.aspx/ruleid/56. 

All rulemaking documents, including comments 

from interested parties, are also available at 

www.regulations.gov, under Docket #EERE–2012– 

BT–STD–0020. 

of today’s proposed rulemaking. (42 

U.S.C. 6311(1)(H)) 

Under EPCA, the energy conservation 

program consists essentially of four 

parts: (1) testing, (2) labeling, (3) federal 

energy conservation standards, and (4) 

certification and enforcement 

procedures. 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, and (2) 

making representations about the 

efficiency of those products. Similarly, 

DOE must use these test procedures to 

determine whether the products comply 

with any relevant standards 

promulgated under EPCA. 

The Energy Policy Act of 2005 

(EPACT) established the first energy 

conservation standards for commercial 

clothes washers. (42 U.S.C. 6313(e)(1)) 

EPACT directed DOE to conduct two 

rulemakings to determine whether the 

established standards should be 

amended. DOE published its first final 

rule amending commercial clothes 

washer standards on January 8, 2010 

(‘‘January 2010 final rule’’), which 

applies to commercial clothes washers 

manufactured on or after January 8, 

2013. EPACT required the second final 

rule to be published by January 1, 2015. 

Any amended standards would apply to 

commercial clothes washers 

manufactured three years after the date 

on which the final amended standard is 

published. (42 U.S.C. 6313(e)(2)(B)) 

DOE is currently conducting its second 

standards rulemaking to satisfy this 

requirement.1

The commercial clothes washer 

standards established by the January 

2010 final rule are based on energy and 

water metrics as measured using the 

DOE test procedure for both residential 

and commercial clothes washers at 10 

CFR part 430, subpart B, appendix J1 

(‘‘appendix J1’’). On March 7, 2012, 

DOE published a final rule amending its 

test procedures for clothes washers 

(‘‘March 2012 final rule’’). (77 FR 13888) 

The March 2012 final rule included 

minor amendments to appendix J1 and 

also established a new test procedure at 

10 CFR part 430, subpart B, appendix J2 

(‘‘appendix J2’’). Beginning March 7, 

2015, manufacturers of residential 

clothes washers will be required to use 

appendix J2 to demonstrate compliance 

with standards. Beginning March 7, 

2015, manufacturers of commercial 

clothes washers may use either 

appendix J1 or appendix J2 to 

demonstrate compliance with the 

current standards established by the 

January 2010 final rule. Manufacturers 

using appendix J2 would be required to 

use the conversion equations proposed 

in this NOPR to translate the measured 

efficiency metrics into equivalent 

appendix J1 values. The use of appendix 

J2 would be required to demonstrate 

compliance with any amended energy 

conservation standards to be published 

in a final rule by January 1, 2015, and 

the conversion equations would no 

longer be used at that time. 

In today’s proposed rule, DOE 

proposes to amend its test procedure 

and certification reporting requirements 

for commercial clothes washers as 

described in section II. Under 42 U.S.C. 

6314, EPCA sets forth the criteria and 

procedures DOE must follow when 

prescribing or amending test procedures 

for covered products. EPCA provides in 

relevant part 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 or period of use and 

shall not be unduly burdensome to 

conduct. (42 U.S.C. 6314(a)(2)) 

In addition, if DOE determines that a 

test procedure amendment is warranted, 

it must publish proposed test 

procedures and offer the public an 

opportunity to present oral and written 

comments on them. (42 U.S.C. 

6314(b)(2)) 

II. Summary of the Notice of Proposed 

Rulemaking 

In this NOPR, DOE proposes 

amending its test procedure and 

certification reporting requirements for 

commercial clothes washers by adding 

equations for translating modified 

energy factor (MEF) and water factor 

(WF) values as measured using 

appendix J2 into their equivalent values 

as measured using appendix J1. This 

translation would be required for 

manufacturers that make 

representations of energy efficiency 

(including representations in 

certification reports) based on testing 

conducted in accordance with appendix 

J2 before the effective date of any 

amended standards to be published in a 

final rule by January 1, 2015. 

DOE also proposes to amend the 

definitions for commercial clothes 

washers in 10 CFR 430.152 to clarify the 

nomenclature used to differentiate the 

energy and water efficiency metrics in 

appendix J1 and appendix J2, as 

applicable to commercial clothes 

washers. 

Finally, DOE also responds to 

comments from interested parties 

regarding the commercial clothes 

washer test procedure that DOE 

received in response to the framework 

document and public meeting for the 

energy conservation standards 

rulemaking for commercial clothes 

washers.2

III. Discussion 

As described in section I, the March 

2012 final rule established a new test 

procedure at appendix J2, which is 

required to be used for residential 

clothes washers beginning March 7, 

2015, to demonstrate compliance with 

amended energy conservation standards 

for residential clothes washers. 

Beginning March 7, 2015, manufacturers 

of commercial clothes washers may also 

use appendix J2 to demonstrate 

compliance with current energy 

conservation standards for commercial 

clothes washers. 

Both appendix J1 and appendix J2 

contain provisions for calculating MEF 

and WF. In today’s rule, DOE proposes 

to provide numerical equations for 

translating the MEF and WF values 

calculated using appendix J2 into their 

equivalent appendix J1 values. 

Manufacturers would be required to use 

these equations when testing pursuant 

to the appendix J2 test procedure to 

demonstrate compliance with the 

current commercial clothes washer 

standards, which are based on MEF and 

WF values as measured using appendix 

J1. DOE also proposes new designations 

for the appendix J2 metrics: (1) MEFJ2, 

defined as the modified energy factor 

value calculated in section 4.5 of 

appendix J2, and (2) WFJ2, defined as 

the water factor value calculated in 

section 4.2.12 of appendix J2. These 

new metric designations would be 

codified at 10 CFR 431.152. The 

translation equations would be codified 

within the certification requirements at 

10 CFR 429.46(b). DOE also proposes to 

amend section 429.46 to clarify that 

beginning March 7, 2015, manufacturers 

may use either appendix J1 or, 

alternatively, appendix J2 in 

conjunction with the proposed 

translation equations, to demonstrate 

compliance with existing energy 


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3For top-loading commercial clothes washers, 

differences between MEF and MEFJ2 for the same 

model are largely due to differences in the capacity 

measurement in section 3.1 of both appendices and 

the equation in section 4.3 of both appendices for 

calculating per-cycle energy consumption for 

removal of moisture from the test load (i.e., the 

‘‘drying energy’’). DOE has tested products 

manufactured both before and after January 8, 2013 

and observed that, for a given model, the 

differences in capacity and drying energy according 

to appendix J1 and appendix J2 are independent of 

the unit’s efficiency level. Therefore, for each 

product type, a single linear translation curve can 

be used that includes models manufactured both 

before and after the compliance date of the recently 

amended standards. 

4This correlation is largely due to the revised 

formula in section 4.3 of appendix J2 for calculating 

the drying energy. In appendix J1, the drying energy 

calculation includes a load size adjustment factor 

of 0.52 for all clothes washer types; whereas, in 

appendix J2, the drying energy calculation is based 

on the load usage factors listed in Table 4.1.3 of 

appendix J2, which differ according to the type of 

water fill control system available on the clothes 

washer. The amended drying energy calculation in 

appendix J2 provides greater consistency with the 

calculations for determining machine electrical 

energy and hot water heating energy. For a full 

description of this amendment, see the residential 

clothes washer test procedure final rule published 

in the Federal Register on March 7, 2012. 77 FR 

13888, 13914. 

5The term ‘‘automatic’’ water fill used here refers 

to water fill control systems that determine the 

water fill level without requiring user intervention 

or actions. This includes ‘‘adaptive’’ water fill 

control systems and ‘‘fixed’’ water fill control 

systems, available on some commercial clothes 

washers, that provide a fixed water level for all load 

sizes and no water fill selector or water fill control 

settings available to the user. Clothes washers with 

fixed water fill control systems are tested in the 

same manner as clothes washers with adaptive 

water fill control systems. 

conservation standards for commercial 

clothes washers. Appendix J2 would be 

required to demonstrate compliance 

with any amended standards based on 

appendix J2 efficiency metrics, and the 

conversion equations would not be used 

at that time. 

The proposed equations for 

translating MEF and WF values 

measured under appendix J2 to 

equivalent appendix J1 values were 

obtained as described in the discussion 

that follows. 

A. Top-Loading Translation Equations 

DOE tested a representative sample of 

top-loading commercial clothes washers 

currently on the market to determine the 

MEF and WF equations. Data from 

DOE’s tests are shown in Figure 1 and 

Figure 2 below. DOE’s test sample 

included baseline models that 

minimally comply with the existing 

standards as well as higher-efficiency 

models that span the available range of 

efficiencies on the market. Due to the 

relatively small number of models 

currently available on the market, DOE 

supplemented its test sample with 

models manufactured before the 

amended standards became effective on 

January 8, 2013.3 DOE observed that the 

MEF translations for top-loading 

commercial clothes washers are closely 

correlated with the type of water fill 

control system.4 Therefore, DOE 

proposes separate MEF equations for 

each water fill control system type. DOE 

proposes a single WF equation for all 

top-loading commercial clothes washers 

because DOE has not observed any 

significant difference in WF translation 

between manual and automatic 5 water 

fill control system types. Figure 1 and 

Figure 2 show the MEF and WF 

translation curves, respectively. The 

proposed equations are as follows, 

where MEFJ2 and WFJ2 are the values of 

modified energy factor and water factor, 

respectively, obtained using appendix 

J2: 

(i) MEF for top-loading commercial 

clothes washers with manual water 

fill: MEF = (MEFJ2 × 1.53) ¥ 0.14 

(ii) MEF for top-loading commercial 

clothes washers with automatic 

water fill: MEF = (MEFJ2 × 1.09) + 

0.15 

(iii) WF for all top-loading commercial 

clothes washers: WF = (WFJ2 × 0.81) 

+1.33 


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B. Front-Loading Translation Equations 

DOE tested a representative sample of 

front-loading commercial clothes 

washers currently on the market to 

determine the MEF and WF equations. 

Data from DOE’s tests are shown in 

Figure 3 and Figure 4 below. DOE’s test 

sample included baseline models that 

minimally comply with the existing 

standard as well as higher-efficiency 

models that span the available range of 

efficiencies on the market. As with the 

top-loading commercial clothes 

washers, due to the relatively small 

number of models currently available on 

the market, DOE supplemented its frontloading test sample with models 

manufactured before the amended 

standards became effective on January 8, 

2013. DOE proposes a single equation 

for both MEF and WF for all frontloading commercial clothes washers 

because all front-loading commercial 

clothes washers on the market use 

automatic water fill controls. Figure 3 

and Figure 4 show the MEF and WF 

translation curves, respectively. The 

crosswalk equations are as follows: 

(i) MEF = (MEFJ2 × 1.13) + 0.14 

(ii) WF = WFJ2


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6A notation in this form provides a reference for 

information that is in the docket for DOE’s 

rulemaking to develop energy conservation 

standards for commercial clothes washers (Docket 

No. EERE–2012–BT–STD–0020), which is 

maintained at www.regulations.gov. This notation 

indicates that AHAM’s statement preceding the 

reference can be found in document number 6 in 

the docket, and appears at page 2 of that document. 

C. Responses to Comments Received 

From Standards Rulemaking 

In response to the framework 

document and public meeting for the 

energy conservation standards 

rulemaking for commercial clothes 

washers, DOE received comments from 

interested parties regarding the test 

procedure. DOE responds to those 

comments in the discussion that 

follows. 

1. Use of Appendix J2 and Translation 

Equations 

The Association of Home Appliance 

Manufacturers (AHAM) proposed that 

DOE not require the use of appendix J2 

for compliance with commercial clothes 

washer standards until such time as 

DOE requires compliance with amended 

standards. AHAM stated that it 

understands the stated reasoning for 

requiring manufacturers to transition to 

appendix J2 in March 2015 but 

questioned whether it is necessary to 

require that transition prior to amended 

standards for commercial clothes 

washers. (AHAM, No. 6 at p. 2) 6

Alliance Laundry Systems (ALS) 

supports allowing the continued use of 

appendix J1 from March 7, 2015, until 

the effective date of any amended 2018 

standards. ALS asserted that that any 


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existing basic model currently in 

production must still be valid after any 

test procedure change. (ALS, Public 

Meeting Transcript, No. 12 at pp. 25–26; 

ALS, No. 16 at p. 1). 

Pacific Gas and Electric Company, 

Southern California Gas Company, and 

San Diego Gas and Electric Company 

(collectively, the ‘‘California Utilities’’) 

support DOE’s proposal to develop 

correction factors that would become 

effective for current standards on March 

7, 2015, when the new appendix J2 test 

procedure takes effect, because the new 

test procedure is different than the 

previous appendix J1 test procedure. 

(California Utilities, No. 8 at pp. 1–2) 

DOE has established both appendix J1 

and appendix J2 as test procedures for 

clothes washers. Manufacturers of 

residential clothes washers must use 

appendix J2 to demonstrate compliance 

with the amended standards for 

residential clothes washers, which were 

developed using appendix J2, on March 

7, 2015. Consistent with EPCA 

requirements at 42 U.S.C. 6314(a)(8), 

DOE proposes to allow manufacturers of 

commercial clothes washers to use 

either appendix J1 or, alternatively, 

appendix J2 in conjunction with the 

proposed translation equations, to 

demonstrate compliance with existing 

energy conservation standards, which 

are based on appendix J1. The use of 

appendix J2 would be required to 

demonstrate compliance with any 

amended standards for commercial 

clothes washers to be published in a 

final rule by January 1, 2015, which 

would be based on appendix J2 metrics. 

2. Separate Provisions for Commercial 

Clothes Washers 

The Appliance Standards Awareness 

Project (ASAP) suggested that the 

residential clothes washer test 

procedure could contain a separate 

section containing procedures 

applicable only to commercial clothes 

washers. (ASAP, Public Meeting 

Transcript, No. 12 at p. 37) 

The Northwest Energy Efficiency 

Alliance (NEEA) commented that DOE 

should consider further investigation 

and possible modification of the test 

procedure to accurately reflect 

commercial clothes washer typical 

usage patterns. NEEA stated that 

commercial clothes washers are often 

used in a different manner than 

residential clothes washers; for 

example, commercial clothes washers 

are often subject to larger load sizes and 

are not generally used to wash small 

loads due to fixed costs to wash a load. 

NEEA believes that by reflecting 

accurate appliance usage in the test 

procedure, the standards would achieve 

greater energy savings in the field. 

(NEEA, No. 10 at p. 2) 

DOE received more specific 

comments on these issues, and responds 

to them in the paragraphs that follow. 

a. Drying Energy Calculation 

Section 4.3 of appendix J2 provides 

the calculation of per-cycle energy 

consumption for removal of moisture 

from the test load (i.e., the drying 

energy), which is one of the energy 

components used to calculate MEF. The 

drying energy is calculated as the 

product of: (1) the weighted average 

load size; (2) the remaining moisture 

content minus 4%; (3) the dryer usage 

factor of 0.91; and (4) the DEF, the 

nominal energy required for a clothes 

dryer to remove moisture from clothing, 

defined as 0.5 kWh/lb. 

Southern Company commented that 

the test procedure should incorporate a 

variable DEF, stating that the energy 

used for drying clothes in a dryer is not 

an automated process, and is highly 

dependent on consumer behavior. 

Southern Company believes that the 

current DEF factor of 0.5 kWh/lb 

appears to assume perfect operation and 

efficiency of drying, and suggests that 

DOE should determine reasonable 

values for the clothes dryer energy for 

both residential and commercial clothes 

dryers, which are likely to be different, 

and then use a weighted average value 

for variable DEF and any other relevant 

energy factors. (Southern Company, No. 

9 at pp.1–2). Furthermore, Southern 

Company commented that the Electric 

Power Research Institute has performed 

metering of residential clothes washers 

and dryers in real-life situations, and 

preliminary findings indicate very little 

dryer energy savings from reduced 

moisture content in the clothes washers. 

(Southern Company, Public Meeting 

Transcript, No. 12 at p. 24) Southern 

Company suggests that DOE make 

assumptions about the percentage in the 

market of features such as dryer 

moisture sensors and incorporate those 

into the test procedure. (Southern 

Company, Public Meeting Transcript, 

No. 12 at p. 36) 

The National Resources Defense 

Council and Appliance Standards 

Awareness Project (NRDC and ASAP) 

jointly commented that DOE should 

consider the prevalence of timeractivated termination controls in 

commercial dryers. The commenters 

stated that the energy savings in 

commercial clothes washers achieved 

by reducing the remaining moisture 

content of clothing at the end of the 

wash cycle is largely dependent on 

moisture-sensing termination controls 

in commercial dryers. NRDC and ASAP 

cited a 2009 report on residential 

clothes dryers that found that 

termination control strategies can vary 

in effectiveness and that actual dryer 

energy varied by 20–30 percent for the 

same load, largely because energy use at 

the end of cycle is not being captured 

in the current dryer test procedure. 

(NRDC and ASAP, No. 11 at p. 2) NRDC 

also commented that it is more common 

for commercial dryers to be operated on 

a time-dry basis rather than a moisture 

sensing basis. NRDC believes DOE 

should collect data on the existing stock 

of dryers in the commercial setting, and 

the availability of a sensor dry feature in 

today’s stock of commercial dryers. 

(NRDC, Public Meeting Transcript, No. 

12 at pp. 26–27) 

The calculation of drying energy in 

the clothes washer test procedure is 

intended to provide a nominal estimate 

of associated drying energy that can be 

used to distinguish among clothes 

washer models that provide varying 

degrees of remaining moisture in the 

clothing load, to provide a consistent 

basis of comparison applied across all 

types of clothes washers. In addition, 

DOE does not have consumer usage data 

that would indicate how consumer 

usage of commercial clothes dryers 

might differ from residential clothes 

dryers. DOE also does not have data 

indicating the prevalence of features in 

commercial clothes dryers such as 

moisture sensors that would affect the 

drying times. Such data would be 

required to support any changes in the 

test procedure calculations. 

b. Water Heating Calculation 

Section 4.1.3 of appendix J2 provides 

the calculation of total weighted percycle hot water energy consumption 

(i.e., the water heating energy), which is 

one of the energy components used to 

calculate MEF. The water heating 

energy calculations assume a 100% 

efficient electric water heater that 

provides a water heating value of 

0.00240 kWh/gal/°F. Section 4.1.4 of the 

test procedure also provides a 

conversion for gas water heating, 

assuming a gas water heater efficiency 

of 75%. However, the gas water heating 

calculation is not used in the 

calculation of MEF or WF. 

Southern Company commented that 

these water heater efficiencies are 

reasonable assumptions, but should be 

updated as the weighted efficiency of 

installed water heaters changes over 

time, as electric heat pump water 

heaters and gas condensing water 

heaters gain market share. Southern 

Company further noted that these 

assumptions are reasonable because 

water heater energy usage is not 


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7A searchable database of certified small 

businesses is available online at: http:// 

dsbs.sba.gov/dsbs/search/dsp_dsbs.cfm. 

8 DOE’s Compliance Certification Database is 

available online at: http://www.regulations.doe.gov/ 

certification-data. 

dependent on consumer behavior, but is 

an automatic process. (Southern 

Company, No. 9 at pp. 1–2) 

DOE recognizes that the household 

water heater market includes a wide 

variety of water heater types at different 

efficiency levels and using different fuel 

sources. DOE notes, however, that the 

calculation of water heating energy in 

the clothes washer test procedure is 

intended to provide a nominal estimate 

of associated water heating energy that 

can be used to distinguish among 

clothes washer models that use different 

amounts of hot water to provide a 

consistent basis of comparison applied 

across all types of clothes washers. 

c. Temperature Use Factors 

Table 4.1.1 of appendix J2 provides 

the Temperature Use Factors (TUF), 

which represent the percentage of wash 

cycles performed by end-users at each 

available wash/rinse temperature. For a 

clothes washer with cold, warm, and 

hot wash cycles (all with cold rinse), 

which DOE testing indicates is the most 

common combination found on 

commercial clothes washers, the TUFs 

are assigned as follows: cold wash 37%; 

warm wash 49%; and hot wash 14%. 

NRDC and ASAP commented that the 

cold temperature usage factor of 37% 

should be corroborated for the 

commercial environment. (NRDC and 

ASAP, No. 11 at p. 2) 

DOE does not have consumer usage 

data indicating the prevalence of cold 

wash cycles performed on commercial 

clothes washers. Such data would be 

required to consider any changes in the 

test procedure calculations. 

IV. Procedural Issues and Regulatory 

Review 

A. Review Under Executive Order 12866 

The Office of Management and Budget 

(OMB) has determined that test 

procedure rulemakings do not constitute 

‘‘significant regulatory actions’’ under 

section 3(f) of Executive Order 12866, 

Regulatory Planning and Review, 58 FR 

51735 (Oct. 4, 1993). Accordingly, this 

action was not subject to review under 

the Executive Order by the Office of 

Information and Regulatory Affairs 

(OIRA) in the Office of Management and 

Budget. 

B. Review Under the Regulatory 

Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) requires preparation 

of an initial regulatory flexibility 

analysis (IFRA) for any rule that by law 

must be proposed for public comment, 

unless the agency certifies that the rule, 

if promulgated, will not have a 

significant economic impact on a 

substantial number of small entities. As 

required by Executive Order 13272, 

‘‘Proper Consideration of Small Entities 

in Agency Rulemaking,’’ 67 FR 53461 

(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 Web site: http://energy.gov/ 

gc/office-general-counsel. 

DOE reviewed today’s proposed rule 

under the provisions of the Regulatory 

Flexibility Act and the procedures and 

policies published on February 19, 

2003. DOE has concluded that the rule 

would not have a significant impact on 

a substantial number of small entities. 

The factual basis for this certification is 

as follows: 

The Small Business Administration 

(SBA) considers a business entity to be 

a small business, if, together with its 

affiliates, it employs less than a 

threshold number of workers specified 

in 13 CFR part 121. These size standards 

and codes are established by the 2007 

North American Industry Classification 

System (NAICS). The threshold number 

for NAICS classification code 333312— 

which applies to commercial laundry, 

dry cleaning, and pressing machine 

manufacturers—is 500 employees. 

Searches of the SBA Web site 7 to 

identify commercial clothes washer 

manufacturers within these NAICS 

codes did not identify any small 

businesses that manufacture commercial 

clothes washers. Additionally, DOE 

checked its own publicly available 

Compliance Certification Database 8 to 

identify manufacturers of commercial 

clothes washers. During its research, 

DOE did not identify any manufacturer 

of commercial clothes washers that 

qualify as small businesses as specified 

by the SBA employee limits. In 

addition, the rule proposes only the use 

of equations for translating modified 

energy factor and water factor values as 

measured using DOE’s new clothes 

washer test procedure into their 

equivalent values as measured using the 

current test procedure. No change to the 

test method is proposed. 

For these reasons, DOE concludes and 

certifies that today’s proposed rule, if 

adopted, would not have a significant 

economic impact on a substantial 

number of small entities. Accordingly, 

DOE has not prepared a regulatory 

flexibility analysis for this rulemaking. 

DOE will transmit the certification and 

supporting statement of factual basis to 

the Chief Counsel for Advocacy of the 

SBA for review under 5 U.S.C. 605(b). 

C. Review Under the Paperwork 

Reduction Act of 1995 

Manufacturers of commercial clothes 

washers must certify to DOE that their 

products comply with any applicable 

energy conservation standards. In 

certifying compliance, manufacturers 

must test their products according to the 

DOE test procedures for commercial 

clothes washers, 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 

commercial clothes washers. (76 FR 

12422 (March 7, 2011). The collectionof-information requirement for the 

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 20 hours per response, 

including the time for reviewing 

instructions, searching existing data 

sources, gathering and maintaining the 

data needed, and completing and 

reviewing the collection of information. 

Notwithstanding any other provision 

of the law, no person is required to 

respond to, nor shall any person be 

subject to a penalty for failure to comply 

with, a collection of information subject 

to the requirements of the PRA, unless 

that collection of information displays a 

currently valid OMB Control Number. 

D. Review Under the National 

Environmental Policy Act of 1969 

In this proposed rule, DOE proposes 

test procedure amendments that it 

expects will be used to develop and 

implement future energy conservation 

standards for commercial clothes 

washers. DOE has determined that this 

rule falls into a class of actions that are 

categorically excluded from review 

under the National Environmental 

Policy Act of 1969 (42 U.S.C. 4321 et 

seq.) and DOE’s implementing 

regulations at 10 CFR part 1021. 

Specifically, this proposed rule would 

amend the existing test procedures 

without affecting the amount, quality or 

distribution of energy usage, and, 

therefore, would not result in any 

environmental impacts. Thus, this 


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rulemaking is covered by Categorical 

Exclusion A5 under 10 CFR part 1021, 

subpart D, which applies to any 

rulemaking that interprets or amends an 

existing rule without changing the 

environmental effect of that rule. 

Accordingly, neither an environmental 

assessment nor an environmental 

impact statement is required. 

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 has 

examined this proposed rule and has 

determined that it would 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 

today’s proposed rule. States can 

petition DOE for exemption from such 

preemption to the extent, and based on 

criteria, set forth in EPCA. (42 U.S.C. 

6297(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, the proposed 

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 

proposed regulatory action likely to 

result in a rule that may cause the 

expenditure by State, local, and Tribal 

governments, in the aggregate, or by the 

private sector of $100 million or more 

in any one year (adjusted annually for 

inflation), section 202 of UMRA requires 

a Federal agency to publish a written 

statement that estimates the resulting 

costs, benefits, and other effects on the 

national economy. (2 U.S.C. 1532(a), (b)) 

The UMRA also requires a Federal 

agency to develop an effective process 

to permit timely input by elected 

officers of State, local, and Tribal 

governments on a proposed ‘‘significant 

intergovernmental mandate,’’ and 

requires an agency plan for giving notice 

and opportunity for timely input to 

potentially affected small governments 

before establishing any requirements 

that might significantly or uniquely 

affect 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 

http://energy.gov/gc/office-generalcounsel. DOE examined today’s 

proposed 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 

rule would not have any impact on the 

autonomy or integrity of the family as 

an institution. Accordingly, DOE has 

concluded that it is not necessary to 

prepare a Family Policymaking 

Assessment. 

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 

would not result in any takings that 

might require compensation under the 

Fifth Amendment to the U.S. 

Constitution. 

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). DOE has reviewed 

today’s proposed 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 proposed 

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 proposed 


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significant energy action, the agency 

must give a detailed statement of any 

adverse effects on energy supply, 

distribution, or use should the proposal 

be implemented, and of reasonable 

alternatives to the action and their 

expected benefits on energy supply, 

distribution, and use. 

Today’s regulatory action to amend 

the test procedure for measuring the 

energy efficiency of commercial clothes 

washers 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. DOE is not requiring the 

use of any commercial standards in this 

rulemaking, so these requirements do 

not apply. 

V. Public Participation 

Submission of Comments 

DOE will accept comments, data, and 

information regarding this proposed 

rule no later than the date provided in 

the DATES section at the beginning of 

this proposed rule. Interested parties 

may submit comments using any of the 

methods described in the ADDRESSES

section at the beginning of this proposed 

rule. 

Submitting comments via 

regulations.gov. The regulations.gov 

Web page will require you to provide 

your name and contact information. 

Your contact information will be 

viewable to DOE Building Technologies 

staff only. Your contact information will 

not be publicly viewable except for your 

first and last names, organization name 

(if any), and submitter representative 

name (if any). If your comment is not 

processed properly because of technical 

difficulties, DOE will use this 

information to contact you. If DOE 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, DOE may not be 

able to consider your comment. 

However, your contact information 

will be publicly viewable if you include 

it in the comment or in any documents 

attached to your comment. Any 

information that you do not want to be 

publicly viewable should not be 

included in your comment, nor in any 

document attached to your comment. 

Persons viewing comments will see only 

first and last names, organization 

names, correspondence containing 

comments, and any documents 

submitted with the comments. 

Do not submit to regulations.gov 

information for which disclosure is 

restricted by statute, such as trade 

secrets and commercial or financial 

information (hereinafter referred to as 

Confidential Business Information 

(CBI)). Comments submitted through 

regulations.gov cannot be claimed as 

CBI. Comments received through the 

Web site will waive any CBI claims for 

the information submitted. For 

information on submitting CBI, see the 

Confidential Business Information 

section. 

DOE processes submissions made 

through regulations.gov before posting. 

Normally, comments will be posted 

within a few days of being submitted. 

However, if large volumes of comments 

are being processed simultaneously, 

your comment may not be viewable for 

up to several weeks. Please keep the 

comment tracking number that 

regulations.gov provides after you have 

successfully uploaded your comment. 

Submitting comments via email, hand 

delivery, or mail. Comments and 

documents submitted via email, hand 

delivery, or mail also will be posted to 

regulations.gov. If you do not want your 

personal contact information to be 

publicly viewable, do not include it in 

your comment or any accompanying 

documents. Instead, provide your 

contact information on a cover letter. 

Include your first and last names, email 

address, telephone number, and 

optional mailing address. The cover 

letter will not be publicly viewable as 

long as it does not include any 

comments. 

Include contact information each time 

you submit comments, data, documents, 

and other information to DOE. If you 

submit via mail or hand delivery, please 

provide all items on a CD, if feasible. It 

is not necessary to submit printed 

copies. No facsimiles (faxes) will be 

accepted. 

Comments, data, and other 

information submitted to DOE 

electronically should be provided in 

PDF (preferred), Microsoft Word or 

Excel, WordPerfect, or text (ASCII) file 

format. Provide documents that are not 

secured, written in English and free of 

any defects or viruses. Documents 

should not contain special characters or 

any form of encryption and, if possible, 

they should carry the electronic 

signature of the author. 

Campaign form letters. Please submit 

campaign form letters by the originating 

organization in batches of between 50 to 

500 form letters per PDF or as one form 

letter with a list of supporters’ names 

compiled into one or more PDFs. This 

reduces comment processing and 

posting time. 

Confidential Business Information. 

According to 10 CFR 1004.11, any 

person submitting information that he 

or she believes to be confidential and 

exempt by law from public disclosure 

should submit via email, postal mail, or 

hand delivery two well-marked copies: 

One copy of the document marked 

confidential including all the 

information believed to be confidential, 

and one copy of the document marked 

non-confidential with the information 

believed to be confidential deleted. 

Submit these documents via email or on 

a CD, if feasible. DOE will make its own 

determination about the confidential 

status of the information and treat it 

according to its determination. 

Factors of interest to DOE when 

evaluating requests to treat submitted 

information as confidential include: (1) 

A description of the items; (2) whether 

and why such items are customarily 

treated as confidential within the 

industry; (3) whether the information is 

generally known by or available from 

other sources; (4) whether the 

information has previously been made 

available to others without obligation 

concerning its confidentiality; (5) an 

explanation of the competitive injury to 

the submitting person which would 

result from public disclosure; (6) when 

such information might lose its 

confidential character due to the 

passage of time; and (7) why disclosure 

of the information would be contrary to 

the public interest. 

It is DOE’s policy that all comments 

may be included in the public docket, 

without change and as received, 

including any personal information 

provided in the comments (except 

information deemed to be exempt from 

public disclosure). 


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VI. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

publication of this proposed rule. 

List of Subjects 

10 CFR Part 429 

Administrative practice and 

procedure, Confidential business 

information, Energy conservation, 

Household appliances, Imports, 

Reporting and recordkeeping 

requirements. 

10 CFR Part 431 

Administrative practice and 

procedure, Confidential business 

information, Energy conservation, 

Household appliances. 

Issued in Washington, DC, on January 31, 

2014. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

For the reasons stated in the 

preamble, DOE is proposing to amend 

parts 429 and 431 of Chapter II of Title 

10, Code of Federal Regulations as set 

forth below: 

PART 429—CERTIFICATION, 

COMPLIANCE, AND ENFORCEMENT 

FOR CONSUMER PRODUCTS AND 

COMMERCIAL AND INDUSTRIAL 

EQUIPMENT 

■ 1. The authority citation for part 429 

continues to read as follows: 

Authority: 42 U.S.C. 6291–6317. 

■ 2. Section 429.46 is amended by 

revising paragraph (b)(2) to read as 

follows: 

§ 429.46 Commercial clothes washers. 

* * * * * 

(b) * * * 

(2) Pursuant to § 429.12(b)(13), a 

certification report shall include the 

following public product-specific 

information: 

(i) When testing was conducted using 

Appendix J1 to subpart B of 10 CFR Part 

430 for units manufactured on or after 

January 8, 2013: The modified energy 

factor (MEF) in cubic feet per kilowatt 

hour per cycle (cu ft/kWh/cycle); and 

the water factor (WF) in gallons per 

cubic feet per cycle (gal/cu ft/cycle); 

(ii) When testing was conducted using 

Appendix J2 to subpart B of 10 CFR Part 

430 for units manufactured on or after 

January 8, 2013: The modified energy 

factor (MEF) in cu ft/kWh/cycle, as 

calculated pursuant to paragraph 

(b)(2)(ii)(A) of this section after applying 

the sampling provisions of paragraph (a) 

of this section; and the water factor 

(WF) in gal/cu ft/cycle, as calculated 

pursuant to paragraph (b)(2)(ii)(B) of 

this section after applying the sampling 

provisions of paragraph (a) of this 

section. 

(A) Calculate MEF as: 

MEF = (MEFJ2 × AMEF) + BMEF

where MEFJ2 is defined as the modified 

energy factor as calculated in 

section 4.5 of Appendix J2, and 

AMEF and BMEF are defined in 

Table 1: 

TABLE 1—MODIFIED ENERGY FACTOR TRANSLATION COEFFICIENTS FOR COMMERCIAL CLOTHES WASHERS

Product class and water fill control system AMEF BMEF

Top-Loading, Manual water fill ................................................................................................................................ 1.53 ¥0.14 

Top-Loading, Automatic water fill ............................................................................................................................ 1.09 0.15 

Front-Loading ........................................................................................................................................................... 1.13 0.14 

(B) Calculate WF as: 

WF = (WFJ2 × AWF) + BWF

where WFJ2 is defined as the water 

factor as calculated in section 4.2.12 

of Appendix J2, and AWF and BWF

are defined in Table 2: 

TABLE 2—WATER FACTOR TRANSLATION COEFFICIENTS FOR COMMERCIAL CLOTHES WASHERS

Product class AWF BWF

Top-Loading ............................................................................................................................................................. 0.81 1.33 

Front-Loading ........................................................................................................................................................... 1.00 1.00 

(iii) When using Appendix J2 to 

subpart B of 10 CFR Part 430 for units 

manufactured on or after the effective 

date of any amended standards for 

commercial clothes washers based on 

Appendix J2 efficiency metrics: The 

modified energy factor (MEF) in cu ft/ 

kWh/cycle, as determined in section 4.5 

of Appendix J2; and the integrated water 

factor (IWF) in gal/cu ft/cycle, as 

determined in section 4.2.13 of 

Appendix J2. 

PART 431—ENERGY EFFICIENCY 

PROGRAM FOR CERTAIN 

COMMERCIAL AND INDUSTRIAL 

EQUIPMENT 

■ 3. The authority citation for part 431 

continues to read as follows: 

Authority: 42 U.S.C. 6311–6317. 

■ 4. Section 431.152 is amended by 

adding in alphabetical order the 

definitions for ‘‘IWF,’’ ‘‘MEF,’’ ‘‘MEFJ2,’’ 

‘‘WF,’’ and ‘‘WFJ2,’’ to read as follows: 

§ 431.152 Definitions concerning 

commercial clothes washers. 

* * * * * 

IWF means integrated water factor, in 

gallons per cubic feet per cycle (gal/cu 

ft/cycle), as determined in section 4.2.13 

of Appendix J2 to subpart B of 10 CFR 

Part 430. 

MEF means modified energy factor, in 

cubic feet per kilowatt hour per cycle 

(cu ft/kWh/cycle), as determined in 

section 4.4 of Appendix J1 to subpart B 

of 10 CFR Part 430. 

MEFJ2 means modified energy factor, 

in cu ft/kWh/cycle, as determined in 

section 4.5 of Appendix J2 to subpart B 

of 10 CFR Part 430. 

WF means water factor, in gal/cu ft/ 

cycle, as determined in section 4.2.3 of 

Appendix J1 to subpart B of 10 CFR Part 

430. 

WFJ2 means water factor, in gal/cu ft/ 

cycle, as determined in section 4.2.12 of 

Appendix J2 to subpart B of 10 CFR Part 

430. 

■ 5. Section 431.154 is revised to read 

as follows: 

§ 431.154 Test procedures. 

The test procedures for clothes 

washers in either Appendix J1 or 

Appendix J2 to subpart B of part 430 of 

this chapter must be used to test 


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8122 Federal Register / Vol. 79, No. 28 / Tuesday, February 11, 2014 / Proposed Rules 

1For editorial reasons, upon codification in the 

U.S. Code, Part B was redesignated Part A. 

2All references to EPCA in this document refer 

to the statute as amended through the American 

Energy Manufacturing Technical Corrections Act 

(AEMTCA), Public Law 112–210 (Dec. 18, 2012). 

commercial clothes washers before the 

effective date of any amended standards 

based on Appendix J2 efficiency 

metrics. The test procedures for clothes 

washers in Appendix J2 to subpart B of 

part 430 of this chapter must be used to 

test commercial clothes washers 

manufactured on or after the effective 

date of any amended standards based on 

Appendix J2 efficiency metrics. 

[FR Doc. 2014–02818 Filed 2–10–14; 8:45 a.m.] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[Docket No. EERE–2012–BT–STD–0047] 

RIN 1904–AC88 

Energy Conservation Standards for 

Residential Boilers: Availability of 

Analytical Results and Modeling Tools 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of data availability. 

SUMMARY: The U.S. Department of 

Energy (DOE) has completed a 

provisional analysis that estimates the 

potential economic impacts and energy 

savings that could result from 

promulgating amended energy 

conservation standards for residential 

boilers. At this time, DOE is not 

proposing any amendments to the 

energy conservation standards for 

residential boilers. However, it is 

publishing this analysis so stakeholders 

can review the analytical output, the 

underlining assumptions, and the 

calculations that might ultimately 

support amended standards. DOE 

encourages interested parties to provide 

any additional data or information that 

may improve the analysis. 

DATES: Comments: DOE will accept 

comments, data, and information 

regarding this notice of data availability 

(NODA) no later than March 13, 2014. 

ADDRESSES: Any comments submitted 

must identify the NODA for Energy 

Conservation Standards for Residential 

Boilers, and provide docket number 

EERE–2012–BT–STD–0047 and/or 

regulatory information number (RIN) 

number 1904–AC88. Comments may be 

submitted using any of the following 

methods: 

1. Federal Rulemaking Portal: 

www.regulations.gov. Follow the 

instructions for submitting comments. 

2. Email: ResBoilers2012STD0047@

ee.doe.gov. Include the docket number 

EERE–2012–BT–STD–0047 and/or RIN 

1904–AC88 in the subject line of the 

message. Submit electronic comments 

in WordPerfect, Microsoft Word, PDF, 

or ASCII file format, and avoid the use 

of special characters or any form of 

encryption. 

3. Postal Mail: Ms. Brenda Edwards, 

U.S. Department of Energy, Building 

Technologies Office, Mailstop EE–2J, 

1000 Independence Avenue SW., 

Washington, DC 20585–0121. If 

possible, please submit all items on a 

compact disc (CD), in which case it is 

not necessary to include printed copies. 

4. Hand Delivery/Courier: Ms. Brenda 

Edwards, U.S. Department of Energy, 

Building Technologies Office, 950 

L’Enfant Plaza SW., Suite 600, 

Washington, DC 20024. Telephone: 

(202) 586–2945. If possible, please 

submit all items on a CD, in which case 

it is not necessary to include printed 

copies. 

No telefacsimilies (faxes) will be 

accepted. 

Docket: The docket, EERE–2012–BT– 

STD–0047, is available for review at 

www.regulations.gov, including Federal 

Register notices, comments, and other 

supporting documents/materials. 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 information that is exempt from 

public disclosure. 

A link to the docket Web page can be 

found at: http://www.regulations.gov/

#!docketDetail;D=EERE-2012-BT-STD0047. The regulations.gov Web page 

contains instructions on how to access 

all documents in the docket, including 

public comments. 

For detailed instructions on 

submitting comments and additional 

information on the rulemaking process, 

see section IV, ‘‘Public Participation,’’ of 

this document. For further information 

on how to submit a comment or review 

other public comments and the docket, 

contact Ms. Brenda Edwards at (202) 

586–2945 or by email: 

Brenda.Edwards@ee.doe.gov. 

FOR FURTHER INFORMATION CONTACT: Mr. 

John Cymbalsky, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies, EE–2J, 1000 

Independence Avenue SW., 

Washington, DC 20585–0121. 

Telephone: (202) 287–1692. Email 

residential_furnaces_and_boilers@

ee.doe.gov. 

Mr. Eric Stas, U.S. Department of 

Energy, Office of the General Counsel, 

GC–71, 1000 Independence Avenue 

SW., Washington, DC 20585–0121. 

Telephone: (202) 586–9507. Email: 

Eric.Stas@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. History of Energy Conservation Standards 

Rulemaking for Residential Boilers 

II. Current Status 

III. Summary of the Analysis Performed by 

DOE 

A. Market and Technology Assessment 

B. Screening Analysis 

C. Engineering Analysis 

D. Markups Analysis 

E. Energy Use Analysis 

F. Life-Cycle Cost and Payback Period 

Analysis 

1. Inputs to Installed Cost 

2. Inputs to Operating Cost 

3. Base-Case Distributions by Efficiency 

Levels 

G. Shipments Analysis 

H. National Impact Analysis 

I. Preliminary Manufacturer Impact 

Analysis 

IV. Public Participation 

A. Submission of Comments 

I. History of Energy Conservation 

Standards Rulemaking for Residential 

Boilers 

Title III, Part B1 of the Energy Policy 

and Conservation Act of 1975 (EPCA), 

Public Law 94–163 (42 U.S.C. 6291– 

6309, as codified), sets forth a variety of 

provisions designed to improve energy 

efficiency and established the Energy 

Conservation Program for Consumer 

Products Other Than Automobiles, a 

program covering most major household 

appliances and certain industrial and 

commercial equipment.2 The National 

Appliance Energy Conservation Act of 

1987 (NAECA), Public Law 100–12, 

amended EPCA to establish energy 

conservation standards for residential 

furnaces and boilers, and set 

requirements to conduct two cycles of 

rulemaking to determine whether these 

standards should be amended. (42 

U.S.C. 6295(f)). 

On November 19, 2007, DOE 

published a final rule in the Federal 

Register (hereafter referred to as the 

‘‘November 2007 final rule’’) revising 

the energy conservation standards for 

furnaces and boilers, which addressed 

the first required review of minimum 

standards for boilers under 42 U.S.C. 

6295(f)(4)(B). 72 FR 65136. Compliance 

with the standards in the November 

2007 final rule would have been 

required by November 19, 2015. 

However, on December 19, 2007, the 

Energy Independence and Security Act 

of 2007 (EISA 2007), Public Law 110– 


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