8992 Federal Register / Vol. 78, No. 26 / Thursday, February 7, 2013 / Proposed Rules 

prohibited from interstate movement 

unless it is treated with an approved 

quarantine treatment monitored by 

APHIS. If any B. dorsalis are found, the 

entire consignment of avocados will be 

prohibited from interstate movement, 

and the place of production producing 

that fruit will be suspended from the 

interstate shipment program until 

APHIS conducts an investigation and 

appropriate remedial actions have been 

implemented. 

(g) Limited distribution. No Sharwil 

avocados moved under this program 

may be shipped to locations in the 

continental United States other than 

Colorado, Connecticut, Delaware, 

District of Columbia, Idaho, Illinois, 

Indiana, Iowa, Kansas, Kentucky, 

Maine, Maryland, Massachusetts, 

Michigan, Minnesota, Missouri, 

Montana, Nebraska, New Hampshire, 

New Jersey, New York, North Dakota, 

Ohio, Pennsylvania, Rhode Island, 

South Dakota, Utah, Vermont, Virginia, 

Washington, West Virginia, Wisconsin, 

and Wyoming. 

(h) Compliance agreement. Persons 

wishing to move avocados in 

accordance with this section must sign 

a compliance agreement in accordance 

with § 318.13–3(d) of this part in which 

he or she agrees to comply with such 

conditions as may be required by the 

inspector in each specific case to 

prevent infestation. 

Done in Washington, DC, this 4th day of 

February 2013. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2013–02781 Filed 2–6–13; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[Docket No. EERE–2011–BT–TP–0054] 

RIN 1904–AC63 

Energy Conservation Program: Test 

Procedures for Residential Clothes 

Dryers 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Supplemental notice of 

proposed rulemaking. 

SUMMARY: The U.S. Department of 

Energy (DOE) proposes to amend its test 

procedures for residential clothes dryers 

established under the Energy Policy and 

Conservation Act. The proposed 

amendments would clarify the 

installation conditions for console 

lights, the method for measuring the 

drum capacity, the maximum allowable 

scale range, and the allowable use of a 

relative humidity meter. 

DATES: DOE will accept comments, data, 

and information regarding this 

supplemental notice of proposed 

rulemaking (SNOPR) no later than 

March 18, 2013. See section IV, ‘‘Public 

Participation,’’ for details. 

ADDRESSES: Any comments submitted 

must identify the SNOPR on Test 

Procedures for Residential Clothes 

Dryers, and provide docket number 

EERE–2011–BT–TP–0054 and/or 

regulatory information number (RIN) 

1904–AC63. 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: RCDAT–2011–TP–0054@ee.

doe.gov. Include docket number EERE– 

2011–BT–TP–0054 and/or RIN 1904– 

AC63 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 

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 Program, 6th 

Floor, 950 L’Enfant Plaza SW., 

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. 

For detailed instructions on 

submitting comments and additional 

information on the rulemaking process, 

see section IV of this document (Public 

Participation). 

Docket: The docket is available for 

review at www.regulations.gov, 

including Federal Register notices, 

framework documents, public meeting 

attendee lists and transcripts, 

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;dct=FR%252BPR%252

BN%252BO%252BSR;rpp=10;po=0;D=

EERE-2011-BT-TP-0054. This web page 

will contain a link to the docket for this 

notice on the www.regulations.gov site. 

The www.regulations.gov web page 

contains instructions on how to access 

all documents, including public 

comments, in the docket. See section IV 

for information on how to submit 

comments through 

www.regulations.gov. 

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 email: Brenda.Edwards@ee.

doe.gov. 

FOR FURTHER INFORMATION CONTACT: 

Mr. Stephen Witkowski, U.S. 

Department of Energy, Energy 

Efficiency and Renewable Energy, 

Building Technologies Program, EE– 

2J, 1000 Independence Avenue SW., 

Washington, DC 20585–0121. Tel.: 

(202) 586–7463. Email: Stephen.

Witkowski@ee.doe.gov. 

Ms. Elizabeth Kohl, U.S. Department of 

Energy, Office of the General Counsel, 

1000 Independence Avenue SW., 

Washington, DC, 20585–0121. Tel.: 

(202) 586–7796, Email: Elizabeth.

Kohl@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Authority and Background 

A. General Test Procedure Rulemaking 

Process 

B. DOE Clothes Dryer Test Procedure 

II. Discussion 

A. Proposals 

B. Compliance With Other EPCA 

Requirements 

III. 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 the 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 

IV. Public Participation 

A. Submission of Comments 

B. Issues on Which DOE Seeks Comment 

1. Console Lights 

2. Drum Capacity Measurement 

V. Approval of the Office of the Secretary 

I. Authority and Background 

Title III of the Energy Policy and 

Conservation Act (42 U.S.C. 6291, et 

seq.; ‘‘EPCA’’ or ‘‘the Act’’) sets forth a 

variety of provisions designed to 

improve energy efficiency. (All 

references to EPCA refer to the statute 

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Federal Register / Vol. 78, No. 26 / Thursday, February 7, 2013 / Proposed Rules 8993 

as amended through the Energy 

Independence and Security Act of 2007 

(EISA 2007), Public Law 110–140 (Dec. 

19, 2007)). Part B of title III, which for 

editorial reasons was re-designated as 

Part A upon codification in the U.S. 

Code (42 U.S.C. 6291–6309), establishes 

the ‘‘Energy Conservation Program for 

Consumer Products Other Than 

Automobiles.’’ Covered consumer 

products include clothes dryers, the 

subject of today’s notice. (42 U.S.C. 

6292(a)(8)) 

Under EPCA, this 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 (1) as the basis for certifying 

to DOE that their products comply with 

the applicable energy conservation 

standards adopted under EPCA, and (2) 

for making representations about the 

efficiency of those products. Similarly, 

DOE must use these test requirements to 

determine whether the products comply 

with any relevant standards 

promulgated under EPCA. 

A. General Test Procedure Rulemaking 

Process 

Under 42 U.S.C. 6293, EPCA sets forth 

the criteria and procedures DOE must 

follow when prescribing or amending 

test procedures for covered products. 

EPCA provides in relevant part that any 

test procedures prescribed or amended 

under this section must be reasonably 

designed to produce test results that 

measure energy efficiency, energy use or 

estimated annual operating cost of a 

covered product during a representative 

average use cycle or period of use and 

not be unduly burdensome to conduct. 

(42 U.S.C. 6293(b)(3)) 

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. 

6293(b)(2)) In any rulemaking to amend 

a test procedure, DOE must also 

determine to what extent, if any, the 

proposed test procedure would alter the 

measured energy efficiency of any 

covered product as determined under 

the existing test procedure. (42 U.S.C. 

6293(e)) 

B. DOE Clothes Dryer Test Procedure 

DOE’s test procedures for clothes 

dryers are codified in appendix D and 

appendix D1 to subpart B of Title 10 of 

the Code of Federal Regulations (CFR). 

For background on the establishment of 

the first DOE test procedure for clothes 

dryers and subsequent amendments to 

those procedures, and the rulemaking 

history for today’s supplemental notice 

of proposed rulemaking (SNOPR), 

please see the NOPR published on 

January 2, 2013. (78 FR 152) (January 

2013 NOPR). In today’s SNOPR, DOE 

considers inquiries from test 

laboratories regarding specific 

provisions in the current clothes dryer 

test procedures. DOE will provide 

further response to comments received 

on the January 2013 NOPR, as 

appropriate, in any final rule to 

establish amended test procedures. 

II. Discussion 

A. Proposals 

Console Lights 

Section 2.1 in 10 CFR part 430, 

subpart B, appendices D and D1 

specifies for the installation conditions 

that all console lights or other lighting 

systems that do not consume more than 

10 watts shall be disconnected during 

the clothes dryer active mode test cycle. 

DOE received an inquiry requesting 

clarification of this provision. DOE 

notes that this provision was originally 

adopted in a final rule that was 

published in the Federal Register on 

September 14, 1977 (September 1977 

Final Rule). 42 FR 46145, 46146, 46150. 

DOE intended this provision to apply to 

an older generation of clothes dryers 

existing at the time of the September 

1977 Final Rule that used task lights to 

illuminate the area of the dryer for 

consumers doing the laundry that did 

not provide any function related to the 

drying process during the drying cycle. 

Newer generation clothes dryers 

equipped with electronic controls may 

have control setting indicators such as 

indicator lights showing the cycle 

progression, temperature or dryness 

settings, or other cycle functions. In 

contrast to the task lighting of older 

generation dryers, these indicator lights 

associated with cycle settings or the 

drying operation are fully integrated 

into the clothes dryer control printed 

circuit boards (PCBs). In addition, 

disconnecting such lights would require 

extracting the control PCB from the 

dryer and either physically cutting off 

the indicator lights or destroying their 

electrical signal traces etched on the 

PCB. 

As a result of these differences, DOE 

proposes to clarify in section 2.1 in both 

appendices D and D1 that ‘‘console 

lights or other lighting systems’’ refers 

to task lights that do not provide any 

function during the drying cycle related 

to the drying process, rather than the 

control setting indicators in newer 

generation clothes dryers with 

electronic controls. DOE also proposes 

to clarify that control setting indicators 

such as indicator lights showing the 

cycle progression, temperature or 

dryness settings, or other cycle 

functions should not be disconnected 

during the active mode test cycle. 

Drum Capacity Measurements 

Section 3.1 in 10 CFR part 430, 

subpart B, appendices D and D1 

specifies that when measuring drum 

capacity, the drum shall be filled with 

water to a level determined by the 

intersection of the door plane and the 

loading port. In addition, section 3.1 

specifies that volume should be added 

or subtracted as appropriate depending 

on whether the plastic bag used for the 

measurement protrudes into the drum 

interior. DOE received an inquiry 

requesting clarification of this 

requirement. In today’s SNOPR, DOE is 

proposing to amend section 3.1 to 

clarify that, for the measurement of the 

drum capacity, the intersection of the 

door plane and the loading port refers 

to the uppermost edge of the drum that 

is in contact with the door seal and that 

volume should be added or subtracted 

from the measured water fill volume to 

account for any space in the drum 

interior not measured by water fill (e.g., 

space occupied by the door protruding 

into the drum interior). 

Maximum Allowable Scale Range 

Section 2.4.1 in Appendix D and 

Appendix D1 specifies that the 

weighing scale for the test cloth shall 

have a range of 0 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 of any measured value 

within the range of 3 to 15 pounds. 

Similarly, section 2.4.1.2 in Appendix D 

and Appendix D1 specifies that the 

weighing scale for drum capacity 

measurements should have a range of 0 

to a maximum of 500 pounds with 

resolution of 0.50 pounds and a 

maximum error no greater than 0.5 

percent of the measured value. DOE 

received an inquiry requesting 

clarification of this requirement. DOE 

recognizes that scales for weighing the 

test cloth may have maximum capacity 

higher than 30 pounds, but still meet 

the requirements for resolution and 

maximum error within the range of 3 to 

15 pounds, as specified in the test 

procedure. DOE also recognizes that a 

clothes dryer, when filled with water for 

the drum capacity measurement, could 

exceed 500 pounds. As a result, DOE 

proposes in this SNOPR to allow a 

higher maximum scale range, 60 pounds 

for weighing the test cloth and 600 

pounds for drum capacity 

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8994 Federal Register / Vol. 78, No. 26 / Thursday, February 7, 2013 / Proposed Rules 

measurements. The resolution and 

maximum error requirements would 

remain unchanged. 

Relative Humidity Meter 

Section 2.4.4 in Appendix D and 

Appendix D1 specifies that the dry and 

wet bulb psychrometer used for 

measuring the ambient humidity shall 

have an error no greater than ± 1 degrees 

Fahrenheit (°F). DOE received an 

inquiry requesting clarification of this 

provision. DOE recognizes that relative 

humidity meters may be an acceptable 

means to measure the ambient 

humidity. DOE also recognizes that 

some humidity meters may express 

error tolerances in terms of the dry and 

wet bulb temperatures, while others 

express error tolerances in terms of 

percent relative humidity. As a result, 

DOE evaluated how the ± 1°F tolerance 

for the dry and wet bulb temperatures 

translates to relative humidity. DOE 

determined, based on the allowable 

range in ambient temperature (72 to 

78°F) and ambient humidity (40 to 60 

percent relative humidity) specified in 

the DOE test procedure, that a ± 1°F 

tolerance for the dry and wet bulb 

temperatures would translate to a 

tolerance between ± 2 percent and ± 4 

percent relative humidity. As a result, 

DOE proposes that a relative humidity 

meter with a maximum error tolerance 

expressed in °F equivalent to the 

requirements the dry and wet bulb 

psychrometer or with a maximum error 

tolerance of ± 2 percent relative 

humidity would be acceptable for 

testing. 

B. Compliance With Other EPCA 

Requirements 

EPCA requires that test procedures 

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. Test 

procedures must also not be unduly 

burdensome to conduct. (42 U.S.C. 

6293(b)(3)) DOE is only proposing to 

amend 10 CFR part 430 subpart B, 

appendices D and D1 in today’s SNOPR 

to clarify the installation conditions for 

console lights, the method for 

measuring the drum capacity, the 

maximum allowable scale range, and 

the allowable use of a relative humidity 

meter. Because the proposed 

amendments would not change the 

actual testing method and provide 

additional options for instrumentations 

while requiring the same resolution and 

accuracy, DOE does not believe the 

proposed amendments in today’s 

SNOPR would result in any added test 

burden on manufacturers as compared 

to the current DOE clothes dryer test 

procedures in 10 CFR part 430, subpart 

B, appendices D and D1. 

EPCA requires that DOE determine 

whether a proposed test procedure 

amendment would alter the measured 

efficiency of a product, thereby 

requiring adjustment of existing 

standards. (42 U.S.C. 6293(e)) As 

discussed above, DOE is only proposing 

to amendments in today’s SNOPR to 

clarify the installation conditions for 

console lights, the method for 

measuring the drum capacity, the 

maximum allowable scale range, and 

the allowable use of a relative humidity 

meter. Because the proposed 

amendments would not change the 

actual testing method, DOE has 

determined that the proposed 

amendments would not alter the 

measured efficiency. DOE is, therefore, 

not considering amendments to the 

clothes dryer energy conservation 

standards at 10 CFR 430.32(h)(2)–(3). 

III. Procedural Issues and Regulatory 

Review 

A. Review Under Executive Order 12866 

The Office of Management and Budget 

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 (OMB). 

B. Review Under the Regulatory 

Flexibility Act 

The Regulatory Flexibility Act (5 

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

of a regulatory flexibility analysis (RFA) 

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 

rulemaking process. 68 FR 7990. DOE’s 

procedures and policies may be viewed 

on the Office of the General Counsel’s 

Web site (http://energy.gov/gc/officegeneral-counsel). DOE reviewed today’s 

SNOPR under the provisions of the 

Regulatory Flexibility Act and the 

procedures and policies published on 

February 19, 2003. 

In conducting this review, DOE first 

determined the potential number of 

affected small entities. The Small 

Business Administration (SBA) 

considers an entity to be a small 

business if, together with its affiliates, it 

employs fewer than the threshold 

number of workers specified in 13 CFR 

part 121 according to the North 

American Industry Classification 

System (NAICS) codes. The SBA’s Table 

of Size Standards is available at: http:// 

www.sba.gov/idc/groups/public/ 

documents/sba_homepage/ 

serv_sstd_tablepdf.pdf. The threshold 

number for NAICS classification 

335224, Household Laundry Equipment 

Manufacturing, which includes clothes 

dryer manufacturers, is 1,000 

employees. 

As discussed in the January 2013 

NOPR, DOE initially identified at least 

14 manufacturers of residential clothes 

dryers that sold products in the United 

States. DOE determined that 13 of these 

companies exceeded the SBA’s 

maximum number of employees or were 

foreign-owned and operated. Thus, DOE 

identified only one potential small 

business manufacturer of residential 

clothes dryers. DOE could not locate 

this manufacturer on the dynamic small 

business search on the SBA Web site, 

but DOE nonetheless considered the 

economic impacts of the proposed test 

procedure amendments on this potential 

small business manufacturer. 78 FR 152, 

178 (January 2, 2013). 

As discussed in section II.A, DOE is 

only proposing to amend 10 CFR part 

430 subpart B, appendices D and D1 

today’s SNOPR to clarify the installation 

conditions for console lights, the 

method for measuring the drum 

capacity, the maximum allowable scale 

range, and the allowable use of a 

relative humidity meter. Because the 

proposed amendments would not 

change the actual testing method and 

provide additional options for 

instrumentations while requiring the 

same resolution and accuracy, DOE does 

not believe the proposed amendments 

in today’s SNOPR would result in any 

added test burden on manufacturers as 

compared to the current DOE clothes 

dryer test procedures in 10 CFR part 

430, subpart B, appendices D and D1. 

For these reasons, DOE certifies that the 

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 seeks comment on the 

certification set forth above, and will 

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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 clothes dryers 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 clothes dryers, 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 

clothes dryers. (76 FR 12422 (March 7, 

2011). The collection-of-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 SNOPR, DOE is proposing to 

adopt test procedure amendments that it 

expects will be used to develop and 

implement future energy conservation 

standards for clothes dryers. 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 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 SNOPR. 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 SNOPR 

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. 

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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 the Treasury and 

General Government Appropriations 

Act, 2001 

Section 515 of the Treasury and 

General Government Appropriations 

Act, 2001 (44 U.S.C. 3516 note) provides 

for 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 SNOPR 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 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 clothes dryers 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 DOE 

Organization Act (Pub. L. 95–91), DOE 

must comply with section 32 of the 

Federal Energy Administration Act of 

1974 (Pub. L. 93–275), as amended by 

the Federal Energy Administration 

Authorization Act of 1977 (FEAA; Pub. 

L. 95–70) (15 U.S.C. 788). Section 32 

essentially provides that, where a rule 

authorizes or requires use of commercial 

standards, the rulemaking must inform 

the public of the use and background of 

such standards. In addition, section 

32(c) requires DOE to consult with the 

Attorney General and the Chairman of 

the Federal Trade Commission (FTC) 

concerning the impact of the 

commercial or industry standards on 

competition. The amendments proposed 

in today’s SNOPR do not authorize or 

require the use of any commercial 

standards. 

IV. Public Participation 

A. Submission of Comments 

DOE will accept comments, data, and 

information regarding this SNOPR 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 notice. 

Submitting comments via 

regulations.gov. The regulations.gov 

Web page will require you to provide 

your name and contact information. 

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. 

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 below. 

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 are free 

of any defects or viruses. Documents 

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Federal Register / Vol. 78, No. 26 / Thursday, February 7, 2013 / Proposed Rules 8997 

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). 

B. Issues on Which DOE Seeks Comment 

Although DOE welcomes comments 

on any aspect of this proposal, DOE is 

particularly interested in receiving 

comments and views of interested 

parties on the following issues: 

1. Console Lights 

DOE seeks comment on the proposal 

to clarify in the installation conditions 

that console lights or other lighting 

systems refer to task lights that do not 

provide any function during the drying 

cycle related to the drying process and 

that control setting indicator lights 

associated with the drying operation or 

cycle settings that are fully integrated 

into the clothes dryer controls would 

not be disconnected during the active 

mode test cycle. (See section II.A) 

2. Drum Capacity Measurement 

DOE seeks comment on the proposal 

to clarify for the drum capacity 

measurement that the intersection of the 

door plane and the loading port refers 

to the uppermost edge of the drum that 

is in contact with the door seal and that 

volume should be added or subtracted 

from the measured water fill volume to 

account for the space in the drum 

interior not measured by the water fill, 

such as the space occupied by the door. 

DOE also seeks comment on how the 

volume to be added or subtracted 

should be measured. (See section II.A) 

3. Maximum Scale Range 

DOE seeks comment on its proposal to 

increase the maximum allowable scale 

range, while retaining the resolution 

and maximum error requirements. 

4. Relative Humidity Meter 

DOE seeks comment on its proposal 

that a relative humidity meter with a 

maximum error tolerance expressed in 

°F equivalent to the existing 

requirements the dry and wet bulb 

psychrometer or with a maximum error 

tolerance of ± 2 percent relative 

humidity would be acceptable for 

testing. 

V. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

publication of this supplemental notice 

of proposed rulemaking. 

List of Subjects in 10 CFR Part 430 

Administrative practice and 

procedure, Confidential business 

information, Energy conservation, 

Household appliances, Imports, 

Incorporation by reference, 

Intergovernmental relations, Small 

businesses. 

Issued in Washington, DC, on January 31, 

2013. 

Kathleen B. Hogan, 

Deputy Assistant Secretary, Energy Efficiency 

and Renewable Energy. 

For the reasons stated in the 

preamble, DOE is proposing to amend 

part 430 of title 10 of the Code of 

Federal Regulations, as set forth below: 

PART 430—ENERGY CONSERVATION 

PROGRAM FOR CONSUMER 

PRODUCTS 

■ 1. The authority citation for part 430 

continues to read as follows: 

Authority: 42 U.S.C. 6291–6309; 28 U.S.C. 

2461 note. 

■ 2. Appendix D to Subpart B of Part 

430 is amended: 

■ a. In section 2. Testing Conditions, by 

revising section 2.1, 2.4.1, 2.4.1.2, and 

2.4.4; and 

■ b. In section 3. Test Procedures and 

Measurements, by revising section 3.1. 

The revisions read as follows: 

Appendix D to Subpart B of Part 430— 

Uniform Test Method for Measuring the 

Energy Consumption of Clothes Dryers 

* * * * * 

2. Testing Conditions 

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 of HLD–1. All 

external joints should be taped to avoid air 

leakage. Disconnect all lights, such as task 

lights, that do not provide any information 

related to the drying process on the clothes 

dryer which do not consume more than 10 

watts during the clothes dryer test cycle. 

Control setting indicator lights showing the 

cycle progression, temperature or dryness 

settings, or other cycle functions that cannot 

be turned off during the test cycle shall not 

be disconnected during the active mode test 

cycle. 

* * * * * 

2.4.1 Weighing scale for test cloth. The 

scale shall have a range of 0 to a maximum 

of 60 pounds with a resolution of at least 0.2 

ounces and a maximum error no greater than 

0.3 percent of any measured value within the 

range of 3 to 15 pounds. 

2.4.1.2 Weighing scale for drum capacity 

measurements. The scale should have a range 

of 0 to a maximum of 600 pounds with 

resolution of 0.50 pounds and a maximum 

error no greater than 0.5 percent of the 

measured value. 

* * * * * 

2.4.4 Dry and wet bulb psychrometer. The 

dry and wet bulb psychrometer shall have an 

error no greater than ±1 °F. A relative 

humidity meter with a maximum error 

tolerance expressed in °F equivalent the 

requirements the dry and wet bulb 

psychrometer or with a maximum error 

tolerance of ± 2 percent relative humidity 

would be acceptable for measuring the 

ambient humidity. 

* * * * * 

3. Test Procedures and Measurements 

3.1 Drum Capacity. Measure the drum 

capacity by sealing all openings in the drum 

except the loading 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 

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8998 Federal Register / Vol. 78, No. 26 / Thursday, February 7, 2013 / Proposed Rules 

drum. Support the dryer’s rear drum surface 

on a platform scale to prevent deflection of 

the dryer, and record the weight of the empty 

dryer. Fill the drum with water to a level 

determined by the intersection of the door 

plane and the loading port (i.e., the 

uppermost edge of the drum that is in contact 

with the door seal). Record the temperature 

of the water and then the weight of the dryer 

with the added water and then determine the 

mass of the water in pounds. Add or subtract 

the appropriate volume based on the space in 

the drum interior to account for any space in 

the drum interior not measured by water fill 

(e.g., space occupied by the door or the space 

above the uppermost edge of the drum within 

a curved door). The drum capacity is 

calculated as follows: 

C = w/d +/¥ volume adjustment 

C = capacity in cubic feet. 

w = mass of water in pounds. 

d = density of water at the measured 

temperature in pounds per cubic feet. 

* * * * * 

■ 3. Appendix D1 to Subpart B of Part 

430 is amended: 

■ a. In section 2. Testing Conditions, by 

revising sections 2.1, 2.4.1, 2.4.1.2, and 

2.4.4; and 

■ b. In section 3. Test Procedures and 

Measurements, by revising sections 3.1 

and 3.6. 

The additions and revisions read as 

follows: 

Appendix D1 to Subpart B of Part 430— 

Uniform Test Method for Measuring the 

Energy Consumption of Clothes Dryers 

* * * * * 

2. Testing Conditions 

2.1 Installation. Install the clothes dryer 

in accordance with manufacturer’s 

instructions. For conventional clothes dryers, 

as defined in 1.7, the dryer exhaust shall be 

restricted by adding the AHAM exhaust 

simulator described in 3.3.5.1 of AHAM 

HLD–1 (incorporated by reference; see 

§ 430.3). For ventless clothes dryers, as 

defined in 1.19, the dryer shall be tested 

without the AHAM exhaust simulator. Where 

the manufacturer gives the option to use the 

dryer both with and without a duct, the dryer 

shall be tested without the exhaust simulator. 

All external joints should be taped to avoid 

air leakage. If the manufacturer gives the 

option to use a ventless clothes dryer, as 

defined in 1.19, with or without a 

condensation box, the dryer shall be tested 

with the condensation box installed. For 

ventless clothes dryers, the condenser unit of 

the dryer must remain in place and not be 

taken out of the dryer for any reason between 

tests. For drying testing, disconnect all lights, 

such as task lights, that do not provide any 

information related to the drying process on 

the clothes dryer which do not consume 

more than 10 watts during the clothes dryer 

test cycle. Control setting indicator lights 

showing the cycle progression, temperature 

or dryness settings, or other cycle functions 

that cannot be turned off during the test cycle 

shall not be disconnected during the active 

mode test cycle. For standby and off mode 

testing, the clothes dryer shall also be 

installed in accordance with section 5, 

paragraph 5.2 of IEC 62301 (incorporated by 

reference; see § 430.3). For standby and off 

mode testing, do not disconnect console 

lights or other lighting systems. 

* * * * * 

2.4.1 Weighing scale for test cloth. The 

scale shall have a range of 0 to a maximum 

of 60 pounds with a resolution of at least 0.2 

ounces and a maximum error no greater than 

0.3 percent of any measured value within the 

range of 3 to 15 pounds. 

2.4.1.2 Weighing scale for drum capacity 

measurements. The scale should have a range 

of 0 to a maximum of 600 pounds with 

resolution of 0.50 pounds and a maximum 

error no greater than 0.5 percent of the 

measured value. 

* * * * * 

2.4.4 Dry and wet bulb psychrometer. The 

dry and wet bulb psychrometer shall have an 

error no greater than ±1 °F. A relative 

humidity meter with a maximum error 

tolerance expressed in °F equivalent the 

requirements the dry and wet bulb 

psychrometer or with a maximum error 

tolerance of ± 2 percent relative humidity 

would be acceptable for measuring the 

ambient humidity. 

* * * * * 

3. Test Procedures and Measurements 

3.1 Drum Capacity. Measure the drum 

capacity by sealing all openings in the drum 

except the loading port with a plastic bag, 

and ensuring 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 drum surface, and record the weight of 

the empty dryer. Fill the drum with water to 

a level determined by the intersection of the 

door plane and the loading port (i.e., the 

uppermost edge of the drum that is in contact 

with the door seal). Record the temperature 

of the water and then the weight of the dryer 

with the added water and then determine the 

mass of the water in pounds. Add or subtract 

the appropriate volume based on the space in 

the drum interior to account for any space in 

the drum interior not measured by water fill 

(e.g., space occupied by the door or the space 

above the uppermost edge of the drum within 

a curved door). The drum capacity is 

calculated as follows: 

C = w/d +/¥ volume adjustment 

C = capacity in cubic feet. 

w = mass of water in pounds. 

d = density of water at the measured 

temperature in pounds per cubic feet. 

* * * * * 

3.6 Standby mode and off mode power. 

Establish the testing conditions set forth in 

Section 2 ‘‘Testing Conditions’’ of this 

appendix, except that all lighting systems 

shall remain connected. If the clothes dryer 

waits in a higher power state at the start of 

standby mode or off mode before dropping to 

a lower power state, as discussed in section 

5, paragraph 5.1, note 1 of IEC 62301 

(incorporated by reference; see § 430.3),wait 

until the clothes dryer passes into the lower 

power state before starting the measurement. 

Follow the test procedure specified in section 

5, paragraph 5.3 of IEC 62301 for testing in 

each possible mode as described in 3.6.1 and 

3.6.2, except allow the product to stabilize 

for 30 to 40 minutes and use an energy use 

measurement period of 10 minutes. For units 

in which power varies over a cycle, as 

described in section 5, paragraph 5.3.2 of IEC 

62301, use the average power approach 

described in paragraph 5.3.2(a) of IEC 62301, 

except allow the product to stabilize for 30 

to 40 minutes and use an energy use 

measurement period not less than 10 

minutes. 

* * * * * 

[FR Doc. 2013–02749 Filed 2–6–13; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

10 CFR Part 431 

[Docket No. EERE–2012–BT–DET–0033] 

RIN 1904–AC83 

Energy Conservation Program for 

Consumer Products and Certain 

Commercial and Industrial Equipment: 

Proposed Determination of 

Commercial and Industrial 

Compressors as Covered Equipment 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of reopening of public 

comment period. 

SUMMARY: This notice announces that 

the period for submitting comments to 

the notice of proposed determination, 

published December 31, 2012, about 

commercial and industrial compressors 

is reopening to February 28, 2013. 

DATES: The Department of Energy will 

accept comments, data, and information 

about the notice of proposed 

determination, but no later than 

February 28, 2013. 

ADDRESSES: Interested persons may 

submit comments, identified by docket 

number EERE–2012–BT–DET–0033 or 

RIN 1904–AC83, by any of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Email: CompressorsDetermination.

2012DET0033@ee.doe.gov. Include 

EERE–2012–BT–DET–0033 and/or RIN 

1904–AC83 in the subject line of the 

message. 

• Mail: Ms. Brenda Edwards, U.S. 

Department of Energy, Building 

Technologies Program, Mailstop EE–2J, 

1000 Independence Avenue SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–2945. Please 

submit one signed original paper copy. 

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