### Thursday December 13, 1979



# Part I


# Department of

,r

Office of Conservation and Solar Energy

Advance Notice of Proposed Rulemaking and Request for Public Comments Regarding Energy Efficiency Standards for Dishwashers, Television Sets, Clothes Washers, Humidifiers, and Dehumidifiers 

## Thursday December 13, 1979



# Part II


# Department of 

# Energy

Office of Conservation and Solar Energy

Advance Notice of 

## Proposed Rulemaking and Request for Public Comments Regarding Energy Efficiency Standards for Dishwashers, Television Sets, Clothes Washers, Humidifiers, and Dehumidifiers

### 72276 Federal Register / Vol. 44, No. 241 / Thursday, December 13, 1979 / Proposed Rules

DEPARTMENT OF ENERGY

Office of Conservation and Solar Energy

10 CFR Part 430

[Docket No. CAS-RM-79-1131

Advance Notice of Proposed Rulemaking and Request for Public Comments Regarding Energy Efficiency Standards for Dishwashers, Television Sets

, Clothes Washers, Humidifiers, and Dehumidifiers
AGENCY: Department of Energy. ACTION: Advance Notice of Proposed Rulemaking.

SUMMARY: The Energy Policy and Conservation Act, as amended by the National Energy Conservation Policy Act, requires that the Department of Energy prescribe energy efficiency standards for dishwashers, television sets, clothes washers, humidifiers, and dehumidifiers no later than November 1981. The purpose of this advance notice of proposed rulemaking is to facilitate the gathering of information, to provide interested persons an opportunity to
become familiar with the standards program, and to invite interested persons to participate in formulating the proposed energy efficiency standards.

DATES: Written comments by January 25, 1980; requests to speak by December 27, 1979; statements by January 9, 1980; public meetings to be held on January 15, and 17, 1980. Speakers to be notified by 4:30 p.m., local time, December 31,
1979.

ADDRESS : Comments and requests to speak at the hearing to: Carol A. Snipes, U.S. Department of Energy, Office of Conservation and Solar Energy, Room 3235, Mail Station 2221C, 20 Massachusetts Avenue, NW., Washington, D.C. 20585, (202) 376-1651. Public meetings to be held at. Department of Energy, Room 2105, 2000 M Street NW., Washington, D.C. 20461, at 9:00 a.m. on January 15, 1980, and Centennial B Room, Crown Center Hotel, No. 1 Pershing Road, Kansas City, Missouri 64108, at 9:00 a.m., January 17,
1980.

FOR FURTHER INFORMATION CONTACT:
James A. Smith, U.S. Department of Energy, Office of Conservation and Solar Energy, Division of Buildings and Community Systems, Consumer Products Efficiency Branch, room 2248, 20 Massachusetts Avenue, NW., Washington, D.C. 20585, (202) 378-4814. Carol A. Snipes, (Hearing Procedures), U.S. Department of Energy, Office of Conservation and Solar Energy, Room 3235, Mail Station 2221C, 20 Massachusetts Avenue, NW., Washington, D.C. 20585, (202) 376-1651, William J. Dennison, U.S. Department of Energy, Office of General Counsel, Room 3228, 20 Massachusetts Avenue, NW., Washington, D.C. 20585, (202) 376-4100.

SUPPLEMENTARY INFORMATION:

1. Introduction. A. Planned Regulatory Action. B. Purpose and Scope of This Notice. II. Legislative Framework. A. Background. B. Energy Efficiency Standards. C. Implementation Process. D. Planned Phase-in of Standards. III. Product Types, Likely Product Classes and Tentative Determinations Concerning Maximum Technologically Feasible Energy Efficiency Level. A. Definitions, B. Tentative Determinations of Maximum Technologically Feasible Energy Efficiency Level. C. Criteria for Selection of Classes. D. Product Class Rationale. IV. Data Needed for the Development of Proposed Energy Efficiency Standards. A. Development of Proposed Energy Efficiency Standards. B. Specific Data Requested from Manufacturers. C. Classes of Consumer Product for Which Data are Requested. V. Enforcement. VI. Consumer Participation. VII. Environmental Review. VIII. Comments on Issues. IX. Comment Procedures, X. Oral Presentation: Conduct of Meetings.

1. Introduction
A. Planned Regulatory Action
Section 325 of the Energy Policy and Conservation Act (EPCA) (Pub. L. 94- 163), as amended by section 422 of the National Energy Conservation Policy Act (NECPA) (Pub. L. 95-619), requires that the Department of Energy (DOE) prescribe energy efficiency standards for the types of consumer products listed in section 322(a) of the Act' These consumer products are sometimes referred to as "covered products." Standards for dishwashers, television sets, clothes washers, humidifiers, and dehumidifiers are required by section 325 to be prescribed in the Federal Register no later than November 1981. Standards for refrigerators and refrigerator-freezers, freezers, clothes dryers, water heaters, room air conditioners, home heating equipment (not including furnaces), kitchen ranges and ovens, central air conditioners, and furnaces are required to be prescribed
no later than December 1980. An

'This and subsequent references to the "Act", and to sections of the Act, refer to EPCA as amended by NECPA. advance notice of proposed rulemaking for these nine types of consumer products appeared in the Federal Register of January 2, 1979 (44 FR 49). The Act defines energy efficiency standards as performance standards, which means that they will establish the minimum energy efficiency level required to be achieved by each unit of a covered product type or class, but will not prescribe the methods, processes, or materials to be used to achieve any particular efficiency level. The standards will apply only to new products manufactured after the effective date of the final rule.

B. Purpose and Scope of This Notice
Section 325(1)(3) of the Act requires DOE, as the first step in establishing energy efficiency standards for dishwashers, television sets, clothes washers, humidifiers, and dehumidifiers to publish this advance notice of proposed rulemaking which is required to specify the type or class of covered products to which a standard is likely to apply, and to invite comments from interested persons relevant to establishing energy efficiency'standards. DOE expects that the comments received as a result of this advance notice will provide additional technical and economic information which will assist DOE in developing a notice of proposed rulemaking that is expected to be published in August of 1980. Accordingly, this notice presents a discussion of DOE's approach to the development and implementation of the standards . Ensuing sections deal with the legislative background, the standards implementation process, the probable phase-in period for the standards, the development of proposed standards, a listing of the product types and classes to which standards are likely to apply, the enforcement program; DOE's present views regarding the maximum technologically feasible efficency levels for each class of product, and a request for data from manufacturers covered by this rule. A more detailed discussion of these subjects will be provided in the "Regulatory Analysis Statementfor Appliance Energy Efficiency Standards" which will be available upon request from Mr. James A. Smith, at the address indicated at the beginning of this advance notice, and the DOE Freedom of Information Office, mail station GB145, U.S. Department of Energy, Forrestal Building, Independence Avenue and L'Enfant Plaza, SW., Washington, D.C., 20585, at the time the proposed rule is published. Interested persons are invited to provide views, written presentations of 

### 72276 Federal Register 

## I Vol. 

### 44. No. 

### 241 

## I Thursday. December 13. 1979 

## I Proposed Rules

DEPARTMENT OF ENERGY

Office of Conservation and Solar Energy



### 10 CFR Part 430
[Docket No. CAS-RM-79-113]

Advance Notice of Proposed Rulemaking and Request for Public Comments Regarding Energy !EfficiencyStandards 1.or Dishwashers, Television Sets, Clothes Washers, Humidifiers, and Dehumidifiers

AGENCY: Department ofEnergy. ACTION:'Advance Notice ofProposed Rulemaking.

SUMMARY: TheEnergy Policy and Conservation Act. as amended by the National Energy Conservation Policy. Act. requires that the Department of Energy prescribe energy efficiency standards for dishwashers, television
sets. clothes washers. humidifiers. and dehumidifiers no later than November 1981. The purpose ofthis advance notice ofproposed rulemaking is to facilitate the gathering ofinformation. to provide interested persons an opportunity to become familiar with the standards program. and to invite interested persons to participate in formulating the proposed energy efficiency standards.

DATES: Written comments by January 25. 1980; requests to speakby December 27.1979; statements by January 9.1980; public meetings to beheld onJanuary 15, and 17. 1980. Speakers to be notified by4:30 p.m., local time, December 31. 1979.

ADDRESS: Comments and requests to speak at the hearing to: Carol A. Snipes. U.S. Department ofEnergy. Office of Conservation and SolarEnergy. Room 3235. Mail Station 2221C, 20 Massachusetts Avenue. NW., Washington. D.C. 20585, (202) 376-1651.

Public meetings to be held at: Department ofEnergy, Room 2105,2000 M Street NW

.. Washington. D.C. 20461,
at 9:00 a.m. on January 15,1980, and Centennial BRoom, Crown Center Hotel, No.1 Pershing Road, Kansas City. Missouri 64108, at 9:00 a.m.• January 17, 1980.

FOR FURTHER INFORMATION CONTACT:

James A. Smith. U.S. Department ofEnergy.

Office ofConservation and Solar Energy. Division ofBuildings and Community Systems. Consumer Products Efficiency Branch. room 2248. 20 Massachusetts Avenue. NW.• Washington. D.C. 20585. (202) 376-4814. Carol A. Snipes. (Hearing Procedures), U.S.

Department ofEnergy. Office of Conservation and SolarEnergy, Room 3235. Mail Station 2221C. 20 Massachusetts Avenue. NW.• Washington. D.C. 20585, (202) 376-1651. William

### J. Dennison. U.S. Department of

Energy. Office ofGeneral Counsel. Room 322B. 20 Massachusetts Avenue. NW.• Washington. D.C. 20585, (202)376-4100.
SUPPLEMENTARY INFORMATION:

LIntroduction.

A. Planned Regulatory Action: B. Purpose and Scope ofThis Notice. II. Legislative Framework.

A. Background. B. Energy Efficiency Standards. C. Implementation Process. D. Planned Phase-in ofStandards. 

### m. ProductTypes, Likely Product Classes

and Tentative Determinations Concerning Maximum Technologically Feasible Energy Efficiency Level. A. Definitions. B. Tentative Determinations ofMaximum

Technologically FeasibleEnergy Efficiency Level. C. Criteria for Selection ofClasses. D. Product Class Rationale. IV. Data Needed for the Development of

Proposed Energy Efficiency Standards. A. Development ofProposed Energy

Efficiency Standards. B. Specific Data Requested from

Manufacturers. C. Classes ofConsumerProduct for Which

Data are Requested. V. Enforcement. VI. Consumer Participation. VII. Environmental Review. VIII. Comments on Issues. IX. Comment Procedures. X. Oral Presentation: Conduct ofMeetings.

I. Introduction

A. 

### PlannedRegulatoryAction

Section 325 ofthe Energy Policy and Conservation Act (EPCA) (Pub. L. 94- l63). as 11mendedby section422 ofthe National Energy Conservation Policy Act (NECPA) (Pub. L. 95-619). requires that the Department ofEnergy (DOE) prescribe energy efficiency standards for the types df consumer products listed in section 322(a) ofthe Act. l These

consumerproducts are sometimes referred to as "covered products." Standards for dishwashers, television
sets. clothes washers. humidifiers. and dehumidifiers are required by section 325 to be prescribed in the Federal Register no later than November 1981. Standards for refrigerators and refrigerator-freezers. freezers. clothes dryers. water heaters. ro'om air conditioners, home heating equipment (not including furnaces). kitchen ranges and ovens. central air conditioners, and furnaces are required to be prescribed

no later than December 1980. An

I This and subsequent references to the "Act". and to sections ofthe Act. refer to EPCA as amended by NECPA. advance notice ofproposed rulemaking for these nine types ofconsumer products appeared in the Federal Register ofJanuary 2.1979 (44 FR 49).

The Act defines energy efficiency standards as performance standards. which means that they will establish the minimum energy efficiency level required to be achieved by each unit of

a coveredproduct type or class. but will
not prescribe the methods. processes. or materials to be used to achieve any particular efficiency level. The standards will apply only to new products manufactured after the effective date ofthe final rule.



### B. Purpose andScope ofThis Notice

Section 325(i)(3) ofthe Act re'quires DOE, as the first step in establishing energy efficiency standards for dishwashers. television sets. clothes washers, humidifiers. and dehumidifiers
to publish this advance notice of proposed rulemaking which is required
to specify the type or class ofcovered products to which a standard is likely to apply. and to invite comments from interested persons relevant to establishing energy efficiency'standards.

DOE expects that the comments received as aresult ofthis advance notice will provide additional technical

. and economic information which will

assist DOE in developing a notice of proposedrulemaking that is expected to be published in August of 1980.

Accordingly, this notice presents a discussion ofDOE's approach to the development and implementation ofthe standards. Ensuing sections deal with the legislative background, the standards implementation process. the probable phase-in period for the standards. the development ofproposed standards. a listing ofthe product types and classes to which standards are likely to apply. the enforcement program. DOE's present views regarding the maximum technologically feasible efficency levels for each class of product, and a request for data from manufacturers covered by this rule. A

more detailed discussion ofthese subjects will be providedin the "Regulatory Analysis Statetnentfor Appliance Energy Efficiency Standards" which will be available upon request from Mr. James A. Smith, at the address indicated at the beginning ofthis advance notice. and the DOE 

### Freedom of

Information Office, mail station GB145, U.S. Department of Energy. Forrestal Building. Independence Avenue and L'Enfaht Plaza. SW

.. Washington. D.C

.. 20585. at the time the proposed rule is published.

Interestedpersons are invited to provide views. written presentations of

### Federal Register / Vol. 44, No. 241 / Thursday, December 13, 1979 / Proposed Rules

data, and arguments relevant to establishing energy efficiency standards for dishwashers, television sets, clothes washers, humidifiers, and dehumidifiers.
II. Legislative Framework
A. Background The energy conservation program for consumer products is designed to encourage manufacturers to produce, and consumers to purchase, significantly more efficient consumer products. The legislative plan enacted by Congress sets forth two interrelated strategies for accomplishing this objective. The first strategy is to require manufacturers to produce more efficient products, and the second is to enhance consumer acceptance of more efficient products. The first strategy, as contained in section 325 of EPCA prior to amendment by NECPA in November 1978, called for the promulgation of voluntary efficiency improvement targets representing aggregate industry levels of efficiency improvement that were to-be achieved by 1980. As an incentive for the industry to achieve these targets, a reporting and monitoring system was to be established by DOE to track industry progress. In the event that achievement of a target for a particular product appeared unlikely, DOE would have been-required to initiate an administrative proceeding to prescribe a mandatory minimum efficiency standard for the product in question. In the National Energy Plan proposed by the President in April 1977, the voluntary target program was to be replaced with a mandatory minimum efficiency standards program because of the voluntary nature of the targets and the anticipated long delays in establishing standards if the target levels were not achieved. Section 422 of NECPA amends section 325 of EPCA to provide for a program similar to the mandatory standards program requested by the President in the National Energy Plan,
The second strategy, set forth in section 324 of the Act, involves the development of a labeling program to 

### 72277

Test procedure design must be flexible enough to allow for technological variation among different product lines within a product type, yet standardized enough to assure that different manufacturers' product lines will be subject to the same measurement criteria in order to provide comparable measurements of energy consumption
characteristics. DOE is aware that new products or designs will be developed with (1) do not fall under the product test procedure definitions (10 CFR 430.2) or (2) do fall under the definitions but which, when tested, reflect inaccurate efficiencies. DOE intends to address this issue in the notice of proposed rulemaking relating to energy efficiency standards. B. Energy Efficiency Standards The Act requires that standards be prescribed for all the consumer product types listed in section 322(a). Priority is required by the Act to be given to refrigerators and refrigerator-freezers, freezers, clothes dryers, water heaters, room air conditioners, home heating equipment, kitchen ranges and ovens, central air conditioners, and furnaces. As noted above, those product types were the subject of an advance notice published in the Federal Register on January 2, 1979 (44 FR 49). In addition to those product types and the product types covered by today's advanced notice, the Act also permits DOE to prescribe standards for other product types which meet certain criteria stated in section 325(a)(2). A list of such products which DOE considers may be subject to standards is required to be published no later than November 1980, but the list maybe revised thereafter. The standards prescribed, including any intermediate standards, are required by section 325(c) to be designed so as to achieve the maximum improvement in energy efficiency which is technologically feasible and economically justified. Under section 325(b), however, no standard can be prescribed for a particular type or class of covered product if (1) there is no DOE test procedure for the type or class; or (2) DOE determines, by rule that the establishment of a standard for the particular type or class would not result in significant conservation of energy or

Covered product type Proposed Final

1. Dishwashers ........................... ......................... _ ................... (42 FR 15423

, Mar. 22, 1977 .......... (42 FR 39964

, Aug. 8

, 1977). 2. Television Sets ................................................................... (42 FR 21576, Apr. 27, 1977)......... (42 FR 46140, Sept. 14, 1977). 3. Clothes Washers ................................................................ (42 FR 25329. May 17, 1977)......... (42 FR 49802, Sept. 28, 1977). 4. Humidifiers ........................................................................... . (42 FR 27941, June 1, 1977).......... (42 FR 55599, Oct. 18, 1977),. 5. Dehumidifiers ....:.................::............................................. . (42 FR 27941, June 1, 1977).......... (42 FR 55599, Oct. 18, 1977), require that manufacturers label covered products with energy consumption information which will assist consumers in making purchasing decisions. The Federal Trade Commission (FTC) has the responsibility for developing the labeling rules and for administering the labeling program. These rules are expected to become effective in the last quarter of 1979. In conjunction with the issuance of the labeling rules, section 337 of the Act requires DOE to develop a consumer education program that will enhance consumer awareness of the labels and create a better understanding of the information provided on the labels. This is intended to encourage comparison shopping and to generate consumer demand for the more efficient products. As a consequence, it is anticipated that manufacturers will be influenced to expedite efficiency improvements for their various product lines to meet the market demand. In order to support these dual strategies , section 323 of the Act requires that DOE develop test procedures for the determination of estimated annual operating costs and at least one other measure of energy consumption for each covered product which will assist consumers in making purchasing decisions. Testing by manufacturers in accordance with these test procedures will serve as a basis for: (1) The energy cost and consumption information that will be required to be included on product labels under the FTC labeling program and (2) representations by manufacturers regarding the energy consumption of their product. Also, measurements of efficiency which are derived from the test procedures will be used as the basis for energy efficiency standards. Manufacturers will be required to establish that their products are in conformance with the standards by testing in accordance with the test procedures. Further, compliance with the standards will be determined by using these procedures. As shown in Table I, DOE has prescribed test procedures for all the covered products included in this advance notice.

Table I.-FEDERAL REGISTER Citations for Test Procedures

is not technologically feasible or economically justified. Section 325(d) provides that before DOE determines whether a standard is economically justified, it must first solicit comments on a proposed standard in accordance with the 

### Federal Register / Vol. 44, No. 241 / 

### Thursday, December 13, 1979 / 

### Proposed Rules 72277

,data, and arguments relevant to

establishing energy efficiency standards for dishwashers. television sets. clothes washers. humidifiers. and dehumidifiers.

II. Legislative Framework

A. 

### Background

The energy conservationprogram for

consumerproducts is designed to encourage manufacturers to produce, and consumers to purchase, significantly

more efficient consumerproducts. The legislative plan enactedby Congress
sets forth two interrelated strategies for accomplishing this objective. The first strategyis to require manufacturers to produce more efficient products, and the secondis to enhance consumer acceptance ofmore efficient products.

The first strategy, as contained in section 325 ofEPCA prior to amendment by NECPA in November 1978, called for the promulgation ofvoluntary efficiency improvement targets representing aggregate industry levels ofefficiency improvement that were to·be achieved by 1980. As an incentive for the industry
to achieve these targets, a reporting and monitoring system was to be established byDOE to track industry progress. In the event that achievement ofa target for a particularproduct appeared unlikely, DOE would have been.required
to initiate an administrative proceeding
to prescribe a mandatory minimum efficiency standardfor the product in question.

.

In the National Energy Plan proposed by the President in April 1977, the voluntary target program was to be replaced with a mandatory minimum efficiency standards program because of the voluntarynature ofthe targets and the anticipated long del!:lYs in establishing standards if the target levels were not achieved. Section 422 of NECPA amends section 325 ofEPCA to provide for a program similar to the mandatory standards program requested by the President in the National Energy Plan. '

The second strategy, set forth in section 324 ofthe Act, involves the development ofa labeling program to require that manufacturers label covered products with energy consumption information which will assist consumers in making purchasing decisions. The Federal Trade Commission (FTC) has the responsibility for developing the labeling rules and for administering the labeling program. These rules are expected to become effective in the last quarter of 1979.

In conjunction with the issuance of the labeling rules, section 337 ofthe Act requires'DOE to develop a consumer education program that will enhance

consumer awareness of the labels and
create a betterunderstanding of the information provided on the labels. This is intended to encourage comparison shopping and to generate consumer demand for the more efficientproducts. As a consequence, it is anticipated that manufacturers will be influenced to expedite efficiency improvements for their various product lines to meet the market demand.

In order to support these dual strategies, section 323 of the Act requires that DOE develop tes.t procedures for the determination of estimated annual operating costs and at least one othermeasure ofenergy consumption for each coveredproduct which will assist consumers in making purchasing decisions. Testing by manufacturers in accordance with these
testprocedures will serve as a basis for: '(1) The energy cost and consumption information that will be required to be included onproduct labels under the FTC labeling program and (2) representations by manufacturers regarding the energy consumption of their product. Also, measurements of efficiency which are derived from th,e
test procedures will be used as the basis for energy efficiency standards. Manufacturers will be required to establish that their products are in conformance withthe standards by testing in accordance with the test procedures. Further, compliance with the standards will be determinedby using these procedures. As shown in Table I. DOE has prescribed test procedures for all the coveredproducts included in this advance notice.

Table I.-FEDERAL REGISTER Citations for Test Procedures

Covered product type Proposed Final

1.**Dish~a.shers**.....:

............................................._................... (42 FR 15423. Mar. 22. 1977

......... (42 FR 39964. Aug. 8,1977). 2. TeleVISion Sels

................................................................... (42 FR 21576.**~,pr.** 27.1977)

......... (42 FR 46140. Sept. 14. 1977). 3. Clothe.s Washers

................................................................ (42 FR 25329. May 17. 1977)

......... (42 FR 49802,Sept. 28. 1977). 4.**Humldlfi~rs**....:

.........,............................................................ (42 FR 27941. June 1. 1977)

.......... (42 FR 55599. Ocl. 18. 1977), 5. DehumldHlers •..:

........,........,.................................................. (42 FR 27941. June 1. 1977)

.......... (42 FR 55599. Ocl. 18. 1977). Test procedure design must be flexible enough to allow for technological variation among different product lines within a product type. yet standardized enough to assure that different manufacturers' product lines will be subject to the same measurement criteria in order to provide comparable
measurements ofenergy consumption characteristics. DOE is aware that new products or designs will be developed with (1) do not fall under the product
test procedure definitions (10 CPR 430.2)

or (2) do fall under the definitions but which, when tested, reflect inaccurate efficiencies. DOE intends to address this issue in the notice ofproposed rulemaking relating to energy efficiency standards.



### B. EnergyEfficiencyStandards

The Act requires that standards be prescribed for all the consumer product types listed in section 322(a). Priority is required by the Act to be given to refrigerators and refrigerator-freezers. freezers, clothes dryers, water heaters,

room air conditioners. home heating equipment, kitchen ranges and ovens, central air conditioners, and furnaces.

As noted above, those product types

were the subject ofan advance notice published in the Federal Register on January 2, 1979 (44 FR 49). In addition to those product types and the product types covered by today's advanced notice, the Act also permits DOE to prescribe standards for otherproduct types which meet certain criteria stated in section 325(a)(2). A list of such products which DOE considers may be subject to standards is required to be published no later thanNovember 1980. but the list may"be revised thereafter.

The standards prescribed, including any intermediate standards, are required by section 325(c) to be designed

so as to achieve the maximum improvement in energy efficiency which is technologically feasible and economicallyjustified. Under section 325(b), however, no standard canbe prescribed for a particular type or class ofcoveredproduct if (1) there is no DOE
test procedure for the type or class; or (2) DOE determines, by rule that the establishment ofa standardfor the particular type or class would not result in significant conservation ofenergy or is not technologically feasible or economicallyjustified.

Section 325(d) provides that before DOE determines whether a standard is economicallyjustified, itmust first solicit comments on a proposed standard in accordance with the

### 72278 Federal Register / Vol. 44, No, 241 / Thursday, December 13, 1979 / Proposed Rules

procedure set forth in sections 336(a) and 325(i). After reviewing comments on the proposal, DOE must-then determine
that the benefits of the standard exceed its burdens based, to the greatest extent practicable, on a weighing of the following seven factors: (1) The economic impact of the standard on the manufacturers and on the consumers of the products subject to such standard; (2) The savings in operating costs throughout the estimated average life of the covered products in the type (or class), compared to any increase in the price of, or in the initial charges for, or maintenance expenses of, the covered products which are likely to result from the imposition of the standard; (3) The total projected amount of energy savings likely to result directly from the imposition of the standard; (4) Any lessening of the utility or the performance of the covered products likely to result from the imposition of the standard; (5) The impact of any lessening of competition, determined in writing by the Attorney General, that is likely to result from the imposition of the standard; (6) The need of the Nation to conserve energy; and (7) Any other factors which DOE considers relevant. Section 325(f) provides that minimum energy efficiency levels do not have to be identical for all products within a type or class. Products that consume different kinds of energy, or that have a capacity or other performance-related feature different from other products within the same type or class, can be required to have higher or lower energy efficiency levels. For example, standards for television sets might vary with screen size. Section 325(e) provides that manufacturers having annual gross revenues of less than $8,000,000 (within the meaning of that paragraph) may apply to DOE for exemption for up to 24 months from any standards requirement. This authority may not be exercised unless DOE, after obtaining the written views of the Attorney General, determines that failure to allow the exemption would likely result in a lessening of competition. Other provisions provide for: (1) A review of test procedures within three years of NECPA enactment, section 323(a) (7); (2) reevaluation of the standards within five years of prescription, section 325(h); (3) supersession of state energy efficiency regulations under the conditions and procedures specified in section 327; and (4) authority to use the powers otherwise available to the Secretary to collect information relating to the energy efficiency of products or the economic impact of compliance with the proposed standards requirements, section 326 (d). Section 325(j) of the Act provides for enforcement provisions to assure that each covered product to which a standard applies meets the required minimum energy efficiency level. DOE expects that such provisions will include testing by the manufacturer and submission of information to DOE before a manufacturer introduces products into commerce. Section 333 provides that any person who knowing violates any provision of section 332 (which lists. prohibited acts) shall be subject to civil penalties. Other enforcement-related provisions of the Act provide for: (1) DOE to prescribe rules requiring manufacturers to allow DOE to observe and inspect results of testing conducted by the Manufacturer or his agent, section 326(b) (5); (2) a manufacturer to supply to DOE a reasonable number of products for testing purposes, section 326(b)(3); (3) a manufacturer to submit information or reports necessary to ensure compliance, section 326(d); and (4) injunctive relief against any prohibited act, including distribution of non-complying products, section 334.
C. Implementation Process
Section 325(i) outlines the process by
which the standards are to be prescribed. This process differs from that followed in the target program in one important respect. Section 325(i)(3) requires DOE to identify, in the proposed rule, the maximum improvement in energy efficiency that is technologically feasible for each type (or class) of product, and to justify any decision not to propose a standard designed to achieve such efficiency. DOE will hold a public meeting during the comment period following publication of this advance notice in order to familiarize the public with the standards program and to achieve the highest possible degree of industry and consumer awareness, involvement, and
comment. Based upon comments and specific data received from this advance notice and information otherwise available, DOE will issue a notice of proposed rulemaking proposing specific standards for the product classes which are the subject of this advance notice. The proposal is scheduled to be issued in August 1980. The final rule is required by the Act to be published no later than two years after publication of this advance notice. Under section 325(i), the standards may not become effective earlier than 180 days after publication of the final rule in the Federal Register. To inform interested citizens who may wish to contribute information, DOE will make available a background document (Regulatory Analysis Statement for Applicance Energy Efficiency Standards) at the time the notice of proposed rulemaking is published. This will contain a discussion of the product classes , levels of efficiency, and the analytical concepts that will be used in preparing the standards described in that notice.
D. Planned Phase-in of StandardsSection 325(c) allows for the phasingin of standards over a period of up to five years through the establishment of intermediate standards. Use of the full five-year period would provide manufacturers with the greatest possible planning and development time, and thus it would appear that they would be better able to meet higher final standards that might otherwise be the case were a shorter period adopted. Accordingly, DOE tentatively plans to utilize the full phase-in period and will probably propose final standards which are to be achieved by November 1986. To assure that manufacturers make steady progress toward the 1986 standards, intermediate standards are likely to be proposed for most, if not all, of the covered products, to be effective in May 1982. These standards will take into account the short lead time that manufacturers will have had to make design changes. Another option which DOE is exploring would be to have different phase-in periods for the various product types or classes. This altenative might permit maximum efficiency levels to be reached over shorter time periods, but DOE lacks the information about the efficiency improvement possibilities for individual types and classes of products that is needed in order to consider this approach at this time.

III. Product Types, Likely Product Classes and Tentative Determination of the Maximum Technologically Feasible Energy Efficiency Level
A. Definitions For purposes of this notice: "Energy efficiency standard" means a performance standard (as opposed to a design standard) which prescibes for each unit of a covered product a minimum energy efficiency level. Energy efficiency standardss include test procedures prescribed in 10 CFR Part 430, Subpart B, and any requirements on manufacturers which DOE determines
are necessary to assure that each 72278 

### Federal Register / Vol. 44, No, 241 / Thursday, December 13, 1979 / Proposed Rules

procedure set forth in sections 336(a) and 325(i), After reviewing comments on the proposal. DOE must-then determine

- that the benefits ofthe standard exceed its burdens based, to the greatest extent practicable, on a weighing of the following seven factors:

(1) The economic impact ofthe standard on the manufacturers and on the consumers ofthe products subject to such standard;

(2) The savings in operating costs throughout the estimated average life of the covered products inthe type (or class). compared to any inerease in the price of. or in the initial charges for, or maintenance expenses of, the covered products which are likely to result from the impositiol) ofthe standard;

(3) The total projected amount of energy savings likely to result directly from the imposition ofthe standard;

(4) Any lessening ofthe utility or the performance of the coveredproducts likely to result from the imposition ofthe standard;

(5) The impact ofany lessening of competition, determined in writing by the Attorney General. that is likely to result from the imposition ofthe standard;

(6) The need ofthe Nation to conserve energy; and

(7) Any other factors which DOE considers relevant.

Section 325(f) provides that minimum energy efficiency levels do not have to be identical for all products within a type or class, Products that consume different kinds ofenergy. or thathave a capacity or otherperformance-related feature different from otherproducts within the same type 01' class. canbe required to have higher or lower energy efficiency levels, For example. standards for television sets might vary with screen size,

Section 325(e) provides that manufacturers having annual gross
revenues ofless than $8,000.000 (within the meaning of that paragraph) may apply to DOE for exemption for up to 24 months from any standards requirement. This authority may not be exercised unless DOE, after obtaining the written views ofthe Attorney General, determines that failure 10 allow the exemption would likely result in a lessening of competition,

Other provisions provide for: (1) A review oftest procedures within three years ofNECPA enactment, section 323(a) (7); (2) reevaluation ofthe standards within five years of prescription, section 325(h); (3) supersession of state energy efficiency regulations under the conditions and procedures specified in section 327; and (4) authority to use the powers 

## •

otherwise available Lo the Secretary to collect information relating to the energy efficiency ofproducts or the economic impact ofcompliance with the proposed standards requirements, section 326 (d),

Section 325(j) ofthe Act provides for enforcement provisions to assure that each covered product to which a standard applies meets the required minimum energy efficiency level. DOE expects that such provisions 

### will include testing by the manufacturer and submission ofinformation to DOE before a manufacturer introduces products into commerce,

Section 333 provides that any person who knowing violates any provision of section 332 (which lists_prohibited acts) shall be subject to civil penalties,

Other enforcement-related provisions ofthe Act provide for: (1) DOE to prescribe rules requiring manufacturers
to allow DOE to observe and inspect results oftesting conducted by the Manufacturer orhis agent. section 326(b) (5); (2) a manufacturer to supply
to DOE a reasonable number of products for testing purposes, section 326(b)(3); (3) a manufacturer to submit information orr!lports necessary to

ensure compliance. section 326(d); and (4) injunctive reliefagainst any prohibited act, including distribution of non-complying products. section 334,
C, 

### Implementation Process

Section 325(i) outlines the process by which the standards are to be prescribed, This process differs from that followed in the larget program in

one importantrespect. Section 325(i)(3)

.requires DOE to identify. in the proposed rule, the maximum improvement in energy efficiency that is technologically feasible for each type (or class) ofproduct, and to justify any decision not to propose a standard designed to achieve such efficiency,

DOE will hold a public meeting during the comment period following publication ofthis advance notice in order to familiarize the public with the standards program and to achieve the highestpossible degree ofindustry and

consumer awareness. involvement. and
comment.

Basedupon comments and specific data received from this advance notice and information otherwise available. DOE will issue a notice ofproposed rulemaking proposing specific standards for the product classes which are the subject ofthis advance notice, The proposal is scheduled to be issued in August 1980, The final rule is required by the Act to be published no later than
two years after publication ofthis advance notice, Under section 325(il. the standards may not become effective

. earlier than 180 days after publication of the final rule in the Federal Register.

To inform interested citizens who may wish to contribute information, DOE will make available a background document (Regulatory Analysis Statementfor Applicance Energy Efficiency Standards) at the time the notice of proposedrulemaking is published, This will contain a discussion ofthe product classes, levels ofefficiency. and the analytical concepts that will be used in preparing the standards described in that notice,


### D, PlannedPhase-in of Standards
Section 325(c) allows for the phasingin ofstandards over a period ofup to five years through the 'establishment of intermediate standards, Use ofthe full five-year period would provide manufacturers with the greatest possible planning and development time, and thus it would appear that they would be better able to meethigher final standards that might otherwise be the

case were a shorter period adopted, Accordingly, DOE tentatively plans to utilize the full phase-in period and will probablypropose final standards which

are to be achieved by November 1986, To assure thatmanufacturers make steadyprogress toward the 1986 standards, intermediate standards are likely to be proposed for most. ifnot all, ofthe covered products, to be effective in May 1982, These standards will take into account the short lead time that manufacturers will have had to make design changes,

Another option which DOE is exploring would be to have different phase-in periods for the various product types or classes, This altenative might permit maximum efficiency levels to be reached over shorter time periods, but DOE lacks the information about the efficiency improvement possibilities for individual types and classes ofproducts that is neededin ordet to consider this approach at this time,

III. ProductTypes, Likely Product Classes and Tentative Determination of the Maximum Technologically Feasible Energy Efficiency Level

A. 

### Definitions

Forpurposes ofthis notice: "Energy efficiency standard" means a performance standard (as opposed to a design standard) which prescibes for each unit ofa covered product a minimum energy efficiency level. Energy efficiency standardss include test procedures prescribed in 10 CFR Part 430. SubpartB. and any requirements on manufacturers which DOE determines C\re necessary to assure that each.Federal Register / Vol. 44, No. 241 / Thursday, December 13, 1979 / Proposed Rules

covered product to which a standard applies meets the required minimum energy efficiency level specified in the standard. "Minimum energy efficiency level"
means the minimum value of the measure of efficiency (i.e., energy factor, reciever energy efficiency factor, regional annual performance factor, defined and measured according to DOE test procedures in 10 CFR Part 430, Subpart B), which each unit of a covered product must meet or exceed in order to be in compliance with an energy efficiency standard. "Type" of covered products means one of the categories of consumer products designated in section 322(a) of the Act. For example, dishwashers are a type of covered product. "Class" of covered products means a group of covered products, the functions or intended uses of which are similar. A class of covered products is subject to a single energy efficiency standard. Such standard may prescribe either the same minimum energy efficiency level for all of the. basic models of the class, or different minimum energy efficiency levels for basic models which are distintugished by capacity or other performance-related features that affect efficiency and utility. For example, color television sets are a class of covered product. B. Tentative Determinations of the Maximum Technologically Feasible Energy Efficiency Level In the proposed rule, DOE is required to identify the maximum improvement in energy efficiency that-is technologically feasible for each class of covered products. In order to facilitate the gathering of data, views and arguments, DOE is offering for consideration a definition of the term "maximum technologically feasible energy efficiency" and presenting in Table 11 DOE's tentative determination of such efficiencies based on 1978 data. The values in Table II may be modified in the proposed rule as a result of either modifying the definition, obtaining better information regarding the highest levels of energy efficiency of basic models commercially available, or identifying efficiency improvements that occur in commercially available products prior to the time of the proposal. For purposes of this advance notice, the term "maximum technologically feasible energy efficiency" means, for each class of covered products, the highest value of the measure of energy efficiency (i.e., energy factor or receiver energy efficiency factor, defined and measured according to DOE test procedures) of any basic model that is commercially available at the time of proposal. Based on this definition, DOE's tentiative determinations of the maximum technologically feasible energy efficiency-for each product class are listed in Table II. As mentioned earlier, those efficiency figures are based on products commercially available in 1978. Regarding those product classes for which DOE has incomplete information on the efficiency of the basic models commercially available in 1978, DOE has estimated the maximum technologically feasible energy efficiency based on the best available information, Classes for which figures have been estimated are noted in Table II by one asterisk.

Table II.-Likely. Classes and Tentative Determination of Maximum Technologically Feasible Energy Efficiencies

Preliminary maximum Covered product type Class technologically feasible energy efficiency

Dishwasher

.............................................................................................. Standard ................................... .41 cycles/kwhr' (EF). Compact ................................... .50 cycles/kwhr' (EF). Television sets .. ...................................................................................... Color .......................................... 229%' (REEF). Monochrome . ........................... 176%' (REEF).

Clothes washers ..................................................................................... Top loading .............................. 1.01 tt'/kwhr' (EF). Front loading

........................... 1.25 ft'/kwhr' (EF).

Humidifiers

.. ............................................................................................ Central system ......................... 92%1 (EF).
Room

........................................ 93 %1 (EF).

Dehumidifiers '(No classes specified ) 2

.9 pints/kwhr' (EF). 

### 72279

receives data, views and arguments which justify changes. The classes identified in Table II have been derived on the basis of differences in capacity, or other performance-related features which affect efficiency and utility. These criteria as they apply to each product type are discussed in Section III D of this advance notice. For each class within a product type, Section III D includes a discussion of the justification for establishing minimum energy efficiency levels different from those which apply to other classes within the same product type. For covered products other than televisions, the same minimum energy efficiency level is likely to apply to each basic model within a particular class. For televisions, minimum energy efficiency levels within any class are likely to vary with screen size.

D. Product Class Rationale

1. Dishwashers. Two classes of dishwashers, standard and compact, are specified in this notice. These classes are distinguished by their capacity. Dishwasher energy consumption is strongly related to the hot water usage of the machine. Compact dishwashers use less water and less energy than standard size dishwashers. Compact dishwashers are dishwashers having an exterior width of less than 22 inches. Compact dishwashers generally have an exterior width of 18", and fit into smaller spaces and handle smaller loads than standard dishwashers.
Standard dishwashers are defined as those with exterior width of greater than or equal to 22 inches. Standard dishwashers generally have an exterior width of 24". Standard dishwashers typically have lower energy factors than compact dishwashers, but their larger capacity provides increased utility to

some consumers. Exterior width was chosen as the criterion of capacity because it accurately- delineates the two classes of dishwashers in the current population and is a readily available dimension. Using the number of place settings, for example, as the criterion of capacity would require a definition of the standard pieces and how they should be

' Based on best available information.

' Based on data obtained by using DOE test procedures. EF=Energy Factor. REEF=Receiver Energy Efficiency Factor. C. Criteria for Selection of Classes
DOE has segregated the basic models of product types into classes to which different energy efficiency standards are likely to apply. These classes are tentative, and different classes may be specifed in the proposed rule if DOE placed in the machine, neither of which are described in the DOE test procedure.

2. Television Sets. Two classes of television sets, color and monochrome, are specified in this notice. These classes are distinguished by their ability to reproduce images in color, a 

### Federal 

### Register 

## I Vol. 44, No. 241 

## I Thursday, December 13, 1979 / Proposed Rules 

### 72279

covered product to which a standard applies meets the required minimum energy efficiency level specified in the standard.

"Minimum energy efficiency level"

means the minimum value of the

measure of efficiency (Le., energy factor, reciever energy efficiency factor, regional annual performance factor, defined andmeasured according to DOE
test procedures in 10 CFR Part 430, SubpartB), which each unit of a covered product mustmeet or exceed in order to be in compliance with an energy efficiency standard.

"Type" ofcoveredproducts mearls

one ofthe categories ofconsumer products designated in section 322(a) of the Act. For example, dishwashers are a type ofcovered product.

"Class" ofcovered products means a group ofcoveredproducts, the functions

or intended uses ofwhich are similar. A class ofcovered products is subject to a single energy efficiency standard. Such standard may prescribe either the same minimum energy efficiency level for all ofthe.b.asic models ofthe class, or different minimum energy efficiency levels for basic mqdels which are distintugished by capacity or other performance-related features that affect efficiency andutility. For example, color television sets are a class ofcovered product.



### B. TentativeDeterminations ofthe Maxidrum TechnologicallyFeasible EnergyEfficiencyLevel

In the proposed rule, DOE is required
to identify the maximum improvement in energy efficiency that is technologically feasible for each class ofcovered products. In order to facilitate the gathering ofdata, views and arguments, DOE is offering for consideration a definition ofthe term "maximum technologically feasible energy efficiency" and presenting in Table 11 DOE's tentative determination ofsuch efficiencies based on 1978 data. The values inTable II may be modified in the proposedrule as a result of either modifying the definition, obtaining better information regarding the highesl levels ofenergy efficiency ofbasic models commercially available, or identifying efficiency improvemenls that

occur in commercially available products prior to the time ofthe proposal.

For purposes ofthis advance notice. the term "maximum technologically feasible energy efficiency" means, for each class of covered products, the highest value ofthe measure ofenergy efficiency (i.e., energy factor or receiver energy efficiency factor, defined and measured according to DOE test procedures) ofany basic model that is commercially available at the time of proposal. Based on this definition, DOE's tentiative determinations ofthe maximum technologically feasible energy efficiencyJor each product class

are listed in Table II. As mentioned earlier, those efficiency figures are based on products commercially available in 1978. Regarding those product classes for which DOE has incomplete information on the efficiency ofthe basic models commercially available in 1978, DOE has estimated the maximum technologically feasible energy efficiencybased on the best available information. Classes for which figures have been estimated are noted in Table II by one asterisk.

Table II.-Likely·Classes and Tentative Detelminalion ofMaximum Technologically Feasible Energy Efficiencies

.

Coyered producl lype Class Preliminary maximum technologically feasible

energy efficiency

Dishwasher

.............................................................................................. Slandard

................................... .41 cycles/kwhr' (EF). Compac!...

.................................50 cycles/kwhr' (EF). Television sets

........................................................................................ Color

..........................................**229o,~** l! (REEF). Monochrome...................•.,...... 176%' (REEF). Clothes washers

..................................................................................... T.op loading

.............................. 1.01 ft'/kwhr' (EF). Front loading

..........."............... 1 ..25 fP/kwhr 1 (EF). Humidifiers

.............................................................................................. Central system

......................... 92 % I (EF). Room

........................................ 93% I (EF). Dehumidifiers

.......................................................................................... ·(No classes specified)............. 2.9 plnts/kwhr' (EF).

l Based on best available information. 'Based on dala obl"ined by using DOE lest procedures. EF=Energy Factor

.

. REEF='Receiver Energy Efficiency Factor. C. 

### CriteriafC?r Selection ofClasses

DOE has segregated the basic models ofproduct types into classes to which different energy efficiency standards are likely to apply. These classes are tentative, and different classes may be specifed in the proposed rule ifDOE receives data, views and arguments which justify changes. The classes identified in Table II have been derived

on the basis ofdifferences in capacity,

or other performance-related features which affect efficiency and utility.

These criteria as they apply to each product type are discussed in Section III D ofthis advance notice. For each class within a product type, Section III D includes a discussion ofthe justification for establishing minimum energy efficiency levels different from those which apply to other classes within the

same product type.

For coveredproducts other than televisions, the same minimum energy efficiency level is likely to apply to each basic model within a particular class. For televisions, minimum energy efficienty levels within any class are likely to vary with screen size.



### D. Prod1lct Class Rationale

1. 

### Dishwashers. Two classes of dishwashers, standard and compact, are specified inthis notice. These classes'

are distinguished by their capacity. Dishwasher energy consumption is stronglyrelated to the hot water usage ofthe machine. Compact dishwashers

use less water and less energy than standard size dishwashers. Compact dishwashers are dishwashers having an exterior width ofless than 22 inches: Compact dishwashers generally have an exterior width of 18", and fit into smaller spaces andhandle smaller loads than standard dishwashers.

Standard dishwashers are defined as those with exterior width ofgreater than

or equal to 22 inches. Standard dishwashers generally have an exterior width of 24". Standard dishwashers typically have lower energy factors than compact dishwashers, buttheir larger capacityprovides increased utility to

some consumers.

Exterior width was chosen as the criterion of capacitybecause it accurately delineates the two classes of dishwashers in the current population and is a readily available dimension. Using the number ofplace settings, for example, as the criterion ofcapacity would require a definition ofthe standardpieces and how they should be placed in the machine, neither ofwhich

are described in .the DOE test procedure.



### 2. Television Sets. Two classes of television sets, color and monochrome,

are specified in this notice. These classes arE! distinguished by their ability
to reproduce images in color, a

### 72200 Federal Register / Vol. 44, No. 241 / Thursday, December 13, 1979 / Proposed Rules

performance-related feature which affects utility and efficiency. Color television sets consume more energy than monochrome television sets because of the use of multiple electron guns, whereas monochrome television sets use only one electron gun. For this reason, energy efficiency levels achieved by monochrome television sets are not achievable for color television sets. (The most efficient monochrome television set currently known to DOE typically uses 50 kwh/year, while the most efficient color television set being manufactured typically uses 125 kwh! year.) Since color television sets and monochrome television sets offer distinct differences in utility to the consumer,, DOE is specifying separate clases for color and monochrome television sets. 3. Clothes Washers. Two classes of clothers washers, top loading and front loading, are specified in this notice. These classes are distinguished by performance-related features which affect utility and efficiency. Front loaders typically use significantly less water than top loaders. Since clothes washer energy consumption is a strong function of the hot water usage of the machine, front loaders typically use significantly less energy than top loaders. Top loaders, on the other hand, offer a distinct performance-related feature in that they spin the clothes drier. Front loaders are difficult to balance during the spin dry cycle and may vibrate significantly. Spin speeds are typically lower with the front loaders than with top loaders in order to reduce vibration. Because of this, top loaders typically remove more water from the clothes during the spin cycle than to front loaders. Because of these differences in utility and efficiency, top loading clothes washers and front loading clothers washers are specified as separate classes. 4. Humidifiers. Two classes of humidifiers, central system and room humidifiers, are specified in this notice. These classes are distinguished by their performance-related features which effect utility and efficiency. Central system humidifiers are designed to add moisture into the air stream of a heating system. A central system humidifier uses energy supplied by the furnace to evaporate water used for humidification, and it adds moisture to the entire residence. Room humidifiers are designed to add moisture directly to the conditioned air without requiring connection to a separate heating or distribution system. Room humidifiers have heaters or other means to evaporate the water used for humidification. A room humidifier can be used to add moisture to a local area of the residence, and can be moved from one room to another if necessary.
Because of the differences in the source of heat for evaporating the water used for humidification, the DOE test method for determining energy efficiency is different for central system and room humidifiers. This difference, as well as differences in utility, require that separate classes be specified for central system and room humidifiers. 5. Dehumidifiers. No classes of dehumidifiers are specified. All dehumidifiers have essentially the same combination of components and there do not appear to be any different functional characteristics which affect energy consumption that warrant the specification of separate classes.

IV. Data Needed for the Development of Proposed

_.Energy Efficiency Standards

A. Development of Proposed Energy Efficiency Standards
Section 325(i) of the Act requires DOE to determine the maximum improvement in energy efficiency that is technologically feasible for each type (or class) of covered product in proposing a standard. If the proposed standard is not designed to achieve such efficiency, DOE is required to state in the proposed rule the reasons therefor. If any standard is proposed at a level below that which is the maximum technologically feasible, the reasons for such a proposal are expected to be primarily economic, i.e., related to the seven factors identified by Congress in section 325(d) of the Act which must be considered to the extent practicable in determining whether a standard is economically justified. In order to supplement available data for identifying any reasons for not proposing a standard at the maximum technologically feasible level, DOE hasdeveloped Forms CS-179(A) and CS179(B), as shown below. Comments received in response to this advance notice will also be used in identifying any areas which require additional data prior to prescribing standards. As previously noted, the Act provides that DOE may not prescribe any standard for a particular type or class of covered product if DOE determines, by rule, that the establishment of a standard for that type or class would not result in significant conservation of energy or that the establishment of a standard would not be technologically feasible or economically justified. The information currently available to DOE does not presently warrant a proposal not to establish standards for any of the product types covered by this advance notice. DOE will determine whether to propose standards for each of these product types after review of the comments submitted in response to the advance notice.
B. Specific Data Requested From Manufacturers
Each private labeler, importer or manufacturer of a consumer product covered by this advance notice is requested to complete a Form CS-179(A) and Form CS-179(B) for each separate class of product (per Table III below). These forms, which have been reviewed by the Office of Management and Budget (OMB), are requested to be completed in accordance with the detailed instructions set forth below. Data can be submitted individually or in aggregated format, which aggregation for DOE's purposes may be performed by trade associations or other groups at commenters' discretion, in accordance with applicable anti-trust laws. Any questions regarding the manner in which these forms should be completed or the type of aggregation useful to DOE should be directed to Mr. James A. Smith of DOE, at the address and phone number shown at the beginning of this notice,

C. Classes of Consumer Product for Which Data are Requested

Table III below shows the tentative classes of consumer products for which Form CS-179(A) and Form CS-179(B) are requested.

TABLE III-Tentative Product Classes

Product type Product class Code

Dishwashers

................. Standard.. ................................. S. Compact ................................... C. Television sets

............. Color.......................................... C. Monochrome

............................ M. Clothes washers

.......... Top loading .............................. TL Front loading ............................ FL Humidifiers

................... Central system ......................... CS. Room

........................................ R. Dehumidifiers ............... (One class only)....................... DH.

Instructions for Completing Reporting Form CS-179(A) Survey of Consumer Product Manufacturers

1. Product Type.-Refer to Table III, column A. Select the generic name for the type of the consumer product being reported. Enter this name in the space provided.

BILLING CODE 6450-01-M 

### 72280 Federal Register 

## I Vol. 44, No. 241 

## I Thursday, December 13, 1979 

## I Proposed Rules

performance-related feature which affects utility and efficiency.

Color television sets consume more energy than monochrome television sets because ofthe use ofmultiple electron guns. whereas monochrome television
sets use only one electron gun. For this

reason. energy efficiency levels achievedby monochrome television sets

are not achievable for color television
sets. (The most efficient monochrome television set currently known to DOE typically uses 50 kwh/year, while the
most efficient color television setbeing manufactured typically uses 125 kwh! year.) Since color television sets and monochrome television sets offer distinct differences in utility to the
consumer.,DOE is specifying separate clases for color and monochrome television sets. •



### 3. Clothes Washers. Two classes of clothers washers. top loading and front loading. are specified in this notice. These classes are distinguished by performance-related features which affect utility and efficiency.

Front loaders typically use Significantly lesswater than top loaders. Since clothes washerenergy consumption is a strong function ofthe hot water usage ofthe machine. front loaders typically use significantly less energy than top loaders. Top loaders. on the other hand. offer a distinct performance-related feature in that they spin the clothes drier. Front loaders are difficult to balance during the spin dry cycle and may vibrate significantly. Spin speeds are typically lower with the front loaders than with top loaders in order to reduce vibration. Because ofthis. top

. loaders typically remove more water from the clothes during the spin cycle than to front loaders. Because ofthese differences in utility and efficiency. top loading clothes washers and front loading clothers washers are specified

as separate classes.



### 4. Humidifiers. Two classes of humidifiers. central system and room humidifiers. are specified in this notice. These classes are distinguished by their performance-related features which effect utility and efficiency.

Central system humidifiers are designed to add moisture into the air
stream ofa heating system. A central system humidifier uses energy supplied by the furnace to evaporate waterused for humidification, and it adds moisture
to the entire residence.

Room humidifiers are designed to add moisture directly to the conditioned air without requiring connection to a separate heating or distribution system. Room humidifiers have heaters or other

means to evaporate the water used for humidification. A room humidifier can be used to add moisture to a local area ofthe residence. and can be moved from

one room to another ifnecessary.

Because ofthe differences in the

source ofheat for evaporating the water used for humidification. the DOE test method for determining energy efficiency is different for central system and room humidifiers. This difference.

as well as differences in utility. require that separate classes be specified for central system and room humidifiers.



### 5. Dehumidifiers. No classes of dehumidifiers are specified. All dehumidifiers have essentially the same combination ofcomponents and there do not appear to be any different functional characteristics which affect energy consumption that warrant the specification ofseparate classes.



### IV. Data Needed for the Development of Proposed.Energy Efficiency Standards

A. 

### Developmentof ProposedEnergy EfficiencyStandards

Section 325(i) ofthe Act requires DOE
to determine the maximum improvement in energy efficiency that is technologically feasible for eachtype (or class) ofcovered product in proposing a standard. Ifthe proposed standard is not designed to achieve such efficiency. DOE is required to state in the proposed rule the reasons therefor. Ifany standardis proposed at a level below thatwhich is the maximum technologically feasible. the reasons for such a proposal are expected to be primarily economic. i.e

.. related to the

sevenfactors identified by Congress in section 325(d) ofthe Act which mustbe considered to the extentpracticable in determining whether a standardis economicallyjustified. In order to supplement available data for identifying any reasons for not proposing a standard at the maximum technologically feasible level. DOE has developedForms CS-179(A) and CS179(B). as shown below. Comments received in response to this advance notice will alsobe used in identifying any areas which require additional data prior to prescribing standards.

As previously noted. the Act provides thatDOE may not prescribe any standardfor a particular type or class of covered product ifDOE determines. by rule. that the establishment ofa standard for that type or class would not result in significant conservation of energy or that the establishment ofa standard would not be technologically feasible or economicallyjustified. The information currently available to DOE does not presently warrant a proposal not to establish standards for any of the product types covered by this advance notice. DOE will determine whether to propose standards for each ofthese product types afterreview ofthe
comments submitted in response to the advance notice.



### B. SpeclficData RequestedFrom Manufacturers

Each private labeler. importer or manufacturer ofa consumer product covered by this advance notice is requested to complete a Form CS-179(AJ and Form CS-179(B) for each separate class ofproduct (perTable III below). These forms. which have been reviewed by the Office ofManagement and Budget (OMB). are requested to be completed in accordance with the detailed instructions setforth below. Data canbe submitted individually orin aggregated format. which aggregation for DOE's purposes may be performed by trade associations or othergroups at commenters' discretion. in accordance with applicable anti-trust laws.

Any questions regarding the manner in which these forms should be completed or the type ofaggregation useful to DOE should be directed to Mr. JamesA. Smith ofDOE. at the address and phone number shown at the beginning ofthis notice.

C. 

### Classes ofConsumerProductfor Which Data are Requested

Table IIIbelow shows the tentative classes ofconsumerproducts for which Form CS-179(A) andForm CS-179(B)

are requested.

TABLE 111- Tentative Product Classes

Product type Product class Code

Oishwashers................. Standard

........."........................ S. Compact................................... C. Television sets

............. Color

.......................................... C. Monochrome

................,........... M. Clothes washers.......... Top loading

..........................".. TL Front loading

............................ FL Humidifiers

................... Central system "

.............."....... cs. Room

.........."

........".................. R. Dehu'!'idlfiers "............. (One class only)....................... OH.

Instructions for Completing Reporting Form CS-179(A) Survey ofConsumer Product Manufacturers



### 1. Product Type.-Refer to Table III. column A. Select the generic name for the type ofthe consumer product being reported. Enter this name in the space provided.

BtLlING CODE S450-01-M(1) Product Type _ (2) Product-Class (3) Corporate Name (4) Address

5 (6) (7) (8 ) (9) (10) (11) (12) (13) (14) (15) (16) (17)

MON Domestic S ipments Energy Consumption Efficiency
. Number (1,000's ) per DOE Test per DOE Test

Est. Est. Est

. Est. Est. Eat . Est. Est.
'72 '78 180 185 '72 '78 '80 '85 '72 '78 '80 Es (18) t. Average CS FORM 179 (A)

SURVEY OF CONSUMER PRODUCT MANUFACTURERS
PAGE OF PAGES

(19) (20) Design Options 21) (22)

Retail Price Est. Type Est. Energy, '85 '78 Savings(%) Promo uct Characteristics Energy Savings
per DOE TestM

(1) Product Type: CS FORM 179 (B) (2) Product Class: SURVEY OF CONSUMER PRODUCT MANUFACTURERS (3) Corporate Name: PAGE OF PAGES
(4) Corporate Address: (5) Unit Model Number(s) (6) DOE Test Procedure Ef f ic i ency (7) Product Characteristics:

(8) (9) (10) Energy Design Actual Efficiency Options Efficiency Level Level Required Achieved

BILLING CODE 6450-01-C (11) (12) . (13) Lead Time Increase in Change in for Retail Price Investment Production (1) Product Type (2) Product·**Class'--------------------~---------** (3) Corporate Name

_________________________ _ (4) Address

__ --,--,
_______**~-** ___ _

'78

BilliNG CODe 6450-01-C '78

(1) Product Type: (2) Product Class: (3) Corporate Name: (4) Corporate Address: (5) Unit Model Number(s) '78

(6) DOE Test Procedure EfIICIency (7) Product Characteristics:

(8) Energy Efficiency

Level (9) Design Options Required (10) Actual Efficiency Level Achieved CS FORM 179 (A) SURVEY OF CONSUMER PRODUCT MANUFACTURERS PAGE OF PAGES

(18) (19) (20) (21) (22) Est. Average Design Options -Product

Retail Price**Characteristi~** Est. Type Est. Energy: Energy Sav-ings '85 '78 Savings(%) per DOE Test(')

CS FORM 179 IB) SURVEY OF CONSUMER PRODUCT**~~NUFACTURERS** PAGE OF PAGES'

(11) Lead Time for Production (12) Increase in Retail Price .(13) Change in Investment '":j CD 

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### 72282 Federal Register / Vol. 44, No. 241 / Thursday, December 13, 1979 / Proposed Rules

2. Product Class.-Refer to Table III, column B. For the appropriate product type, select the generic name for the class of the consumer product being reported. Enter this name in the space provided.3. Corporate Name.-Selfexplanatory.4. Corporate Address.-Selfexplanatory. 5. Model Number.-Enter the model numbers for all of the models manufactured during calendar year 1978 which fall under the type and class of consumer product being reported.

Please Note You are requested to select, at your option, one of the two reporting procedures described below to follow for the purposes of reporting on such products. (1) Report on each major component of the product separately. If a major component of a product has not been assigned its own model number, identify it by the product's model number enclosed by parentheses. (2) Report on the product as a whole.
In this case

, items 5 through 9 and 18 are to be reported for the product as a whole and items 10 through 17, and 19 through 22 are to be reported for the major components of the product. Each component

-specific entry is to be followed by the code letters for the applicable product class for the component
, enclosed by parentheses. The code letters for the product classes
will be the first letters of the words for the title of the product class taken from the second column of Table III. For example, the code letters for a central system humidifier are CS. 6. Domestic Shipments.-Enter the
number of units (in thousands) of each model shipped by the manufacturer directly to wholesalers and/or retailers during calendar year 1972. If the model was not in production in 1972 but replaces a model which was in production in 1972, enter the number of units of the preceding model so shipped enclosed by parentheses; otherwise,
enter zero. 7. Enter the number of units of each model shipped by,the manufacturer directly to wholesalers and/or retailers during calendar year 1978. In cases
where a new model was introduced
after 1-1

-78, enter the total number of units of that model so shipped during the year followed by the date (month and day) that the first unit was so shipped. 8. Enter the projected number of units of each model that would be shipped by the manufacturer directly to wholesalers and/or retailers during calendar year 1980 if there were no DOE Consumer Product Efficiency Standards Program. 9. Same as 8, but for 1985 instead of
1980. 10. Energy Consumption per DOE Test.-Enter the estimated yearly energy consumption of the calendar year 1972 production version of the model had it been tested in accordance with the DOE test procedures. If the model being reported was not in production in 1972, enter the estimated yearly energy consumption of the preceding model enclosed by parentheses. 11. Enter the yearly energy consumption of the calendar year 1978 production version of the model determined in accordance with the DOE test procedures. If test data are not available, enter estimated figures and note as an "estimate." 12. Enter the projected yearly energy consumption of the calendar year 1980 production version of the model determined in accordance with the DOE test procedures if there were no DOE Consumer Product Efficiency Standard Program. 13. Same as 12, but for 1985 instead of
1980. 14. Energy Efficiency per DOE Test.- Enter the estimated energy efficiency (energy factor or receiver energy efficiency factor, as appropriate) of the calendar year 1972 production version of the model had it been tested in accordance with the DOE test procedures

. If the model was not in production in 1972 but replaces a model which was in production in 1972, enter the estimated efficiency of the preceding model enclosed by parentheses. 15. Enter the efficiency of the calendar year 1978 production version of the model being reported determined in accordance with the DOE test procedures

. If test data are not available, enter estimated figures and note as an "estimate." 16. Enter the projected efficiency of the calendar year 1980 production version of the model being reported determined in accordance with the DOE test procedures

, assuming there were no DOE Consumer Product Efficiency Standards Program. 17. Same as 16, but for 1985 instead of 1980. 18. Estimated Average Retail Price.- List estimated average retail price in 1978 dollars. 19. Model Comparison.-Compare this model in 1980 with the model within this product class having the same capacity and the lowest 1980 energy efficiency. Record in column 19 the model number of ahy such model. 20. Record in column 20 the code letters of the design options listed in Table IV, column B, that makes this model more efficient than the model being compared. If there are design options not included in this list, identify them specifically on the form. 21. Product Characteristics.-Refer to Table III, column C. Provide, for each model, the product characteristics listed. Whenever a measure is requested, e.g., capacity, wattage, etc., it is to be understood that the measure requested is that determined in accordance with the Department of Energy's test procedures for consumer products.
Instructions for Completing Reporting Form CS-179(B) Survey of Consumer Product Manufacturers This form has been developed by the U.S. Department of Energy for the purpose of collecting information on consumer products manufactured during calendar year 1978. The information requested will serve as imput to the technological and economic
assessments to be performed by DOE in the process of developing energy efficiency standards for consumer products.

Important Note Complete Reporting Form CS-179(A) before completing this form. 1. Product Type.-Refer to Table III, column A. Select the generic name for the type of the consumer product. being reported. Enter this name in the space provided. 2. Product Class.-Refer to Table III, column B, for the appropriate product type, select the generic name for the class of the consumer product being reported

. Enter this name in the space provided.3. Corporate Name.-Selfexplanatory.4. Corporate Address.-Selfexplanatory. 5. Unit Model Number(s).-Enter the model number of the 1978 model being reported. 6. DOE Test Porcedure Efficiency.- Enter the energy efficiency of the model (energy factor or receiver energy efficiency factor, as appropriate) determined in accordance with the Department of Energy's test procedures for consumer products

. If test data are not available, enter estimated figures and note as an "estimate." 7. Product Characteristics.-Refer to Table IV, column C. Provide, for each model, the product characteristics listed. Whenever a measure is requested, e.g.. capacity

, wattage, etc

., it is to be understood that the measure requested is that determined in accordance with 72282 

### Federal Register / Vol. 44, No. 24'1 / Thursday, December 

### 13, 1979 / Proposed Rules

2. Product Class.-Refer to Table III, column 

### B. For the appropriate product type, select the generic name for the class ofthe consumer product being reported. Enter this name in the space provided.



### 3. CorporateName.-Selfexplanatory.



### 4. CorporateAddress.-Selfexplanatory.



### 5. -"JodelNumber.-Enter the model numbers for all ofthe models manufactured during calendar year 1978 which fall underthe type and class of

consumer productbeing reported.

Please Note

You are requested to select, at your option, ope ofthe two reporting procedures described below to follow for the purposes ofreporting on such products.

(1) Report on each major component ofthe product separately. Ifa major component ofa product has notbeen assigned its own model number, identify itby the product's model number enclosed by parentheses.

(2) Report on the product as a whole. In this case. items 5 through 9 and 18 are 10 be reported for the product as a whole and items 10 through 17, and 19 through 

### 22 are to bereported fot the major components ofthe product. Each component-specific entry is to be ' followed by the code letters for the applicable product class for the component. enclosed by parentheses. The code letters for the product cla'sses will be the firs,t letters ofthe words for the title ofthe product class taken from the second column ofTable III. For example. the code letters for a central systemhumidifier are CS.



### 6. DomesticShipments.-Enter the humber ofunits (in thousands) ofeach model shipped by the manufacturer directly to wholesalers and/or retailers during calendar year 1972. Ifthe model

was not in production in 1972 but replaces a model which was in production in 1972, enter the number of units ofthe preceding model so shipped enclosed by parentheses; otherwise,
enterzero.

7. Enter the number ofunits ofeach model shippedbyJhe manufacturer directly to wholesalers and/or retailers during calendaryear 1978. In cases where a new model was introduced after 1-1-78, enter the total number of units of thatmodel so shipped during the yearfollowed by the date (month and day) that the first unit was so shipped.

8. Enter the projected number ofunits ofeach model that wouldbe shippedby the manufacturer directly to wholesalers and/or retailers during calendaryear 1980 ifthere were no DOE Consumer Product Efficiency Standards Program.

9. Same as 8, but for 1985 instead of 1980.



### 10. Energy ConsumptionperDOE Test.-Enter the estimated yearly energy consumption ofthe calendar year 1972 production version of the model had it been fested in accordance with the DOE
test procedures. Ifthe model being reported was not in production in 1972,
enter the estimated yearly energy consumption ofthe preceding model encJost3d by parentheses.

11. Enter the yearly energy consumption ofthe calendar year 1978 production version ofthe model determined in accordance with the DOE
testprocedures. Iftest data are not available. enterestimated figures and
note as an "estimate."

12. Enter the projected yearly energy consumption ofthe calendaryear 1980 production version ofthe model determinedin accordance with the DOE
test procedures ifthere were no DOE ConsumerProductEfficiency Standard ' Program.

13. Same as 12. but for 1985 instead of 1980.



### 14. EnergyEfficiencyperDOE Test.- Enter the estimated energy efficiency (energy factor orreceiver energy efficiency factor, as appropriate) ofthe calendaryear 1972 production version of the model had itbeen tested in accordance with the DOE test procedures. Ifthe model was notin production in 1972 butreplaces a model which was in productionin 1972. enter the estimated efficiency ofthe preceding model enclosed by parentheses.

15. Enter the efficiency ofthe calendar year 1978 production version ofthe model being reported determined in accordance with the DOE test procedures. Iftest data are not available, enter estimated figures and
note as an "estimate."

16. Enter the projected efficiency of the calendaryear 1980 production version ofthe model beingreported determined in accordance with the DOE
testprocedures. assuming there were no DOE ConsumerProduct Efficiency StandardsProgram.

17. Same as 16, but for 1985 instead of 1980.



### 18. EstimatedAverageRetailPrice.- List estimated average retail price in 1978 dollars.



### 19. Model Comparison.-Compare this model in 1980 with the model within this product class having the same capacity and the lowest 1980 energy efficiency. Record in column 19 the model number ofahy such model.

20. Record in column 20 the code letters ofthe design options listed in Table IV, column B, that makes this model more efficient than the model being compared. Ifthere are design options not included in this list, identify them specifically onthe form.



### 21. Product Characleristics.-Refer 

### to Table 

## m, column C. Provide, for each model, the product characteristics listed. Whenever a measure is requested. e.g

.. capacity. wattage, etc., itis to be understood that the measure requested is that determined in accordance with the Department ofEnergy's test procedures for consumer products.

Instructions for CompletingReporting Form CS-179(B) Survey ofConsumer Product Manufacturers

This form has been developed by the U.S. Department ofEnergy for the purpose of collecting information on

consumerproducts manufactured during calendar year 1978. The information requested will serve as impul to the technological and economic
assessments to be performed by DOE in the process ofdeveloping energy efficiency standards for consumer products.

ImportantNote

Complete Reporting Form CS-179(A) before completing this form.



### 1. Product Type.-Refer to Table III, column A. Select the generic name for the type ofthe consumer productbeing reported. Enter this name in the space provided.



### 2. Product Class.-Refer to Table III. column

### B. for the appropriate product type, select the generic name for the class ofthe consumer product being reported. Enter this name in the space provided.



### 3. CorporateName.-Selfexplanatory.



### 4. CorporateAddress.-Self'- explanatory.



### 5. UnitModelNumber(s).-Enter the model number of the 1978 model being reported.



### 6. DOE TestPorcedure EfficientlY.- Enter the energy efficiency ofthe model (energy factor orreceiver energy efficiency factor, as appropriate) determined in accordance with the Department ofEnergy's test procedures for consumer products. Iftest data are not available, enter estimated figures andnote as an "estimate." '



### 7. Product Chamcteristics.-Refer to Table IV. column C. Provide. for each model. the product characteristics listed. Whenevera measure is requested, e.g., capacity, wattage, etc.• 

### itis to be understood that the measure requested is that determined in accordance withFederal Register / Vol. 44, No. 241 / Thursday, December 13, 1979 / Proposed Rules

the Department of Energy's test procedures for consumer products.
Special Note for Item 8-13.-One purpose of this section of the form is to obtain manufacturer's projections of the changes that they would effect in the

(Column A) design of the model being reported in order to achieve certain energy efficiency levels. The other purpose is to obtain manufacturer's projections of the timing and impacts (price and investment) of effecting these changes in design if they were to be adopted.

Table IV.-Design Options and Product Characteristics

(Column B)

Product Design options Product characteristics

Dishwashers .......................... A-Optional Power Dry ..................................................... (a) Exterior width, inches. B-Reduce Inlet Water Temperature Requirement.......

C-Modify Sump Geometry (to reduce water consumption). D-Improve Fill. Controls

................................................... E-Improve insulation

....................................................... Television sets

...................... A-Eliminate Instant-On.................................................... B-Replace Tubes (other than picture tube) with Solid State Components. C-Improve Thermal Design

............................................ Clothes washers... ................. A-Eliminate Warm Rinses

.............................................. B-Improve Fill Control ..................................................... C-Reduce Thermal Mass ............................................... D-Increase Motor Efficiency ........................................... E-Add Insulation

.............................................................. F-Reduce Tub Clearances ............................................. Humidifiers

............................. A-Add Humidislat

............................................................ B-Improve Fan Motor Efficiency

....................................
Dehumidifiers ......................... A-Improve Compressor Efficiency................................. B-Improve Condensor Heat Transfer ............................ C-Improve Fan Motor Efficiency .................................... D-Improve Controls ......................................................... E-Improve Cycle Efficiency ............................................ (b) Total water consumption per cycle and tolerance, gallons. (c) Hot water temperature requirement, `F.

(a) Picture tube diagonal measure, inches.

(a) Capacity, ft'. (b) Per cent of hot water fill. (c) Number of cycle options.

(a) Humidification rate, gallons/day. (b) Means of evaporating water, e.g., fluid pan, wetted element, atomization. (a) Capacity, pints/day.

Table V.-Energy Efficiency Levels

(Column A) (Column B)
Product type Product class (Column C) (Column C)

Energy efficiency (see bottom of page for explanation at symbols)

EF t

Dishwashers ..............._:.......... _........... ........................ Standard................................... .22 Compact ................................... .25

REEF 1 EF 2 EF 3

.30 Al .44 .50

REEF 2. REEF 3

Television sets ........:.......................................... .......... Color.......................................... 70 123 229 Monochrome ............................ 59 88 176 

### 722,83

r

8. Energy Efficiency Level.-Refer to Table V. Three or more energy efficiency levels have been identified for each product type and class listed. Identify the levels that pertain to the model being reported based on the product type and class entries made in items 1 and 2 of this form. Enter the lowest level listed at the top of the column for this item unless this level is lower than that of the model being reported (item 6) in which case enter the lowest level listed which is greater than the model's efficiency. Proceed to complete items 9 through 13 for this entry then return to the listing of energy efficiency levels, select the next higher level listed, and enter this level in the column for this item. Proceed to complete items 9 through 13 for this next higher energy efficiency level. Repeat this procedure for the remainder of the energy efficiency levels listed. 9. Design Options Required.-Refer to Table IV, column B. A list of design options is presented for each product type. Using this list, identify the design options or combination of design options that, if incorporated into the design of the model being reported,-are projected to achieve the energy efficiency level identified

-in item 8 at the lowest cost to the manufacturer

. Enter the code letters which correspond to the design options identified in this item in columnar form. If there are design options which the manufacturer would employ to achieve levels which do not appear in the list in Table IV, column B, identify them specifically on the form. If the model cannot be modified to achieve an energy efficiency level, enter the abbreviation "NA" for not applicable in this item for the level. No further entries need be made on the form for the model being

.reported, 10. Actual Efficiency Level Achieved-When applying design changes from (9) to achieve certain

Clothes washers , ...................................... ............. ..... Top loading .............................. .57 .75 Front loading ............................ 1.04 Humidifiers

.................................................................... Central system ........................ 92 92 Room ........................................ 93 93(
Dehumidifiers ............................................................... All .............................................. 1.44 2.24 1.01 1.25

92
93
2.90

EF=Energy Factor: cycles per kilowatt-hour for dishwashers, cubic feel per kilowatt-hour for clothes washers, percent for humidifiers. pints/kwhr for dehumidifiers. REEF= Receiver energy efficiency factor, percent for television sets. EF 1 EF 2 EF 3
efficiency levels in (8), it is,likely that exact levels will not be achieved. Record the level of efficiency that will be achieved when certain options are added to the individual basic models. 11. Lead Time for Production.-For each design option listed in item 9, enter the year and month that the first production unit of the model incorporating the design option would be manufactured. 12. Increase in Suggested Retail Price.-For each design option listed in item 9, enter the estimated increase in the retail price of the model if the design option were incorporated into its design. 13. Change in Investment.-Foreach design option listed in item 9, estimate, 

### Federal Register / Vol. 44, No. 241 / Thursday, December 13, 1979 / Proposed Rules**~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~J"~~~~~~~O~ql~'~'~~~~~~~~=~'~'~~~~** the Department ofEnergy's test procedures for consumerproducts.



### SpecialNoteforItem 8-13.-0ne

purpose of this section ofthe form is to obtain manufacturer's projections ofthe changes that they would effect in the design ofthe model being reported in order to achieve certain energy efficiency levels. The other purpose is to obtain manufacturer's projections ofthe timing and impacts (price and investment) ofeffecting these changes in design if they were to be adopted.

Table IV.-Design Options andProduct Characteristics

(Column A) (Column B) (Column C)

Product Design options Product characteristics

Dishwashers .•...•....••..•.•.•.....•. A-Optional Power Dry

..................................................... (a) Exlerior widlh. inches. 8-Reduce Inlet Water Temperature Requirement....... (b) Total water consumption per cycle and tolerance. gallons. C-Modlfy Sump Geometl)l (to reduce water can· sumption). (e) Hot water temperature requirement, <IF.

D-Improve Fill. Controls

................................................... E-Improve Insulation

....................................................... Television sets ..•................•.. A-Eliminate Instant·On..................................•...............,. B-Replace Tubes (other than picture tUbe) Witll Solid Slate Components. (a) Picture tube diagonal measure, inches.

C-Improva The-rmal Design ...........•...,...,........................ Clothos washers

.................... A-Eliminate Warm Rinses

..........................................".. (a) Capacity. CP. B-Improve Fill Contra!..................................................... (b) Per cent of hot water fill. C-Reduce Thermal Mass

............................................... (e) Number of cycle options. O-Increase Motor Efficiency

..................,........................ E-Add Insulation

.............................................................. F-Reduce Tub Clearances

............................................. Humidifiers

............................. A-Add Humidistat

............................................................ Ie) Humidification rate. gallons/day. B-Improve Fan Motor Efficiency

.................................... (b) Means of evaporating water. e.g., fluid
pan, wetted element, atomization. Dehumidifiers

......................... A-Improve Compressor Efficiency

.................................

(Column A)

Product type B-Improve Condensor Heat Transfer

............................ C-Improve Fan Molar Efficiency

.................................... D-Improve Controls

......................................................... E-Improve Cyclo Efficiency

............................................

Table V.-Energy EfficiencyLevels

(Column B)

Product class (a) Capacity. pints/day.

(Column C)

Energy efficiency (see bottom of page for explanation of symbols)

EF 1 EF 2 EF 3**Dis~washers**................,..........._................................... Standard

................................... .22 .30 Compact................................... .25 .44 .41 .50

REEF 1 REEF 2 REEF 3

Tel.vision sets

.............................................................. Color.......................................... 70 123 229 Monochrome

............................ 59 88 176

EF 1 EF 2 EF 3

Clothes washers

.......................................................... Top loading

.............................. .57 .75 1.01 Front loading

........................"., •..,............"

...... 1.04 1.25 92 92 93 { 93 Humidifiers.................................................................... Central system

......................... 92 Room

........................................ 93 Dehumidiliers

............................................................... All

.............................................. 1.44 2.24 2.90

EF=Energy Factor: cycles per kilowatt-hour for dishwashers. cubic feel per**kilowatt~hour** for clothes washers, percent for humidifiers. pints/kwhr for dehumidifiers. REEF= Receiver energy efficiency factor: percent for television sets. 

### 8. Energy EfficiencyLevel.-Referto Table V. Three or more energy efficiency levels have beenidentified 

### foe each product type and class listed. Identify the levels that pertain to the model being reported based on the product type and class entries made in items 1 and 2 ofthis form. Enter the lowest level listed at the top ofthe column for this item unless this level is lOWer than that of the model being reported (item 6) in which case enter the lowest level listed which is greater than the model's efficiency. Proceed to complete items 9 through 13 for this entry then return to the listing of energy efficiency levels, select the next higher level listed, and enter this level in the column for this item. Proceed to complete items 9 through 13 for this next higher energy efficiency level. Repeat this procedure for the remainder ofthe energy efficiency levels listed.



### 9. Design Options Required.-Refer to Table IV, column B. A list ofdesign options is presented for each product type. Using this list, identify the design options or combination ofdesign options that, ifincorporated into the design of the model being reported,-are projected
to achieve the energy efficiency level identified'in item 8 at the lowest cost to the manufacturer. Enter the code letters which correspond to the desisn options identified in this item in coh"mnar form.

Ifthere are design options which the manufacturer would employ to achieve levels which do not appear in the list in Table IV, column B, identify them specifically on the form.

If the model cannot be modified to achieve an energy efficiency level, enter the abbreviation UNA" for not applicable in this item for the level. No further entries need be made on the form for the model beingreported,



### 10.ActualEfficiencyLevel Achieved.-When applying def)ign**ch~nges** from (9) to achieve certain efficiency levels in (8). it is,likely that
exact levels will notbe achieved. Record the level ofefficiency that will be achieved when certain options are added to the individual basic models.



### 11. Lead TillleforProduction.-For each design option listed in item 9, enler the year and month that the first production unit ofthe model incorporating the design option would be manufactured.



### 12. Increase in SuggestedRetail Price.-For each design option listed in item 9, enter the estimatedincrease in the retail price ofthe model 

### if the design option were incorporated into its design.



### 13. Change in lnvestment.-Foreach design option listed in item 9, estimate,

### 72284 Federal Register / Vol. 44, No, 241 / Thursday, December 13, 1979 / Proposed Rules

on a per unit basis, the cost of the new structures, machinery, and equipment that would be required for production of the model if the design option is incorporated into its design. Express such estimates in terms of the 1978 dollars.

V. Enforcement An enforcement program is expected to be included in the notice of proposed rulemaking, specifying proposed requirements on manufacturers for demonstrating compliance with a standard, as well as proposing the actions DOE could take to assure compliance. DOE has begun an analysis of enforcement program alternative which evaluates ongoing Federal, State and industry programs. The different approaches are being analyzed according to the overall program costs and benefits, including costs to manufacturers, consumers and the Government. An important part of this evaluation includes contact with manufacturers and trade associations. The programs that have been evaluated include the following:
1. Environmental Protection Agency; a. Product Noise Enforcement Program. b. Automobile Exhaust Emission Certification Program. 2. National Highway Traffic Safety Administration; Enforcement of Motor Vehicle Safety Standards. 3. Department of Defense/Fleet Ballistic Missiles; Procurement Standards. 4. State of California; Enforcement of Appliance Energy Efficiency Standards. 5. Association of Home Appliance Manufacturers; Certification Program for Room Air Conditioners. 6. Air Conditioning and Refrigeration Institute; Certification of Unitary Air Conditioners. 7. Underwriters Laboratory; Product Safety Certification. In providing any comments or alternative approaches, commenters should focus on the enforcement authority granted in the Act (discussed in section II B of this notice) and the potential impacts of implementing various approaches available pursuant to this authority.

VI. Consumer Participation Because of the direct impact of the standards on individual consumers, DOE wishes to achieve in the standards development process the maximum level of consumer participation possible. To assist the Department in achieving this goal, a public meeting will be held in Washington, D.C., at the time and place specified at the beginning of this notice. Representatives of consumer groups and individual consumers are urged to attend this meeting and to make oral or written statements regarding the standards program. DOE is mailing copies of this notice to all individuals and consumer organizations identified as having an interest in standards development. Additional information regarding consumer preference is expected to be received from a survey to be conducted under DOE direction. The survey will be used to determine, with respect to energy efficiency, what products have been purchased and what products consumers expect to purchase. Data from this survey will be used in DOE's demand analysis studies to determine the economic impacts of proposed standards. DOE requests interested persons to submit suggestions and comments regarding the methods that DOE should consider in order to maximize consumer participation in the development of standards.

VII. Environmental Review
This advance notice of proposed rulemaking is being published primarily to invite comments from the public regarding the establishment of energy efficiency standards for certain consumer products. This action is informational in nature, and does not commit the agency to any specific course of action at this time. DOE has therefore determined that this advance notice does not constitute a major Federal action significantly affecting the quality of the human environment within the meaning of the National Environmental Policy Act of 1969 (NEPA), 43 U.S.C. 4321 et seq. Consequently„ an environmental analysis is not necessary in connection with its publication. An appropriate environmental analysis will be made in connection with the proposed rulemaking and information regarding the environmental analysis will be issued concurrently with publication of the Notice of Proposed Rulemaking.

VIII. Comments on Issues Issues and questions relating to the development of standards are found throughout this notice. The following list of issues, while highlighting some of the major areas of interest to DOE, is not intended to be comprehensive and should not be construed as limiting the scope of comments relating to this notice. 1. DOE intends tophase in the standards over a five year period, as described in this notice, with the final standards becoming effective no later than November 1986. DOE is interested in comments relating to this schedule and other alternative phase-in schedules. 2. DOE has identified the product types and classes to which standards are likely to apply. Product classes were selected on the basis of utility and performance-related featues. DOE would like to receive comments pertaining to theproposed classes. If additional classes are recommended, the recommendations should include the rationale for the establishment of such classes based on the class selection criteria discussed above. 3. For purposes of this notice, DOE has defined the "maximum technologically feasible energy efficiency" in section III B. DOE invites comments on this definition and on the preliminary efficiency levels listed in Table H. 4. DOE's approach to the development of an energy efficiency standard enforcement program has been discussed in section V. Suggestions relating to a compliance and enforcement program would be most valuable in the early stages of program development. In providing any comments or alternative approaches, manufacturers, trade associations and the general public should focus on the enforcement authority granted in the Act (discussed in section II B) and the effectiveness and potential impacts of implementing various approaches pursuant to this authority. 5. DOE believes, on the basis of information currently available, that retail prices vary widely for products of similar efficiencies produced by different manufacturers. Further, retail prices of identical products manufactured by a single manufacturer vary widely. DOE is interested in quantifying the economic factors that are most important in accounting for the

numerous retail pricing strategies found in the marketplace. 6. Costs to operate consumer products vary widely across the Nation due to different costs of energy, climatic variations, and the different ways in which consumers use these products. DOE is interested in receiving comments regarding methods that could be used to assess the impact of these variable costs on the minimum level of energy efficiency that should be reflected in the standards.
7. DOE has identified: the data requested from manufacturers in Section IV B. DOE invites comments on- the data requested in Form CS-179(A) and Form CS-179(B). 

### 72284 Federal Register 

## I Vol. 44, No. 241 

## I Thursday, December 13, 1979 

## I Proposed Rules

on a per unit basis, the cost ofthe new structures, machinery, and equipment that would be required for production of the model ifthe design option is 'incorporated into its design. Express such estimates in terms ofthe 1978 dollars.

V. Enforcement

An enforcementprogram is expected
to be included in the notice ofproposed rulemaking, specifying proposed requirements on manufacturers for demonstrating compliance with a standard, as well as proposing the actions DOE could take to assure compliance.

DOE has begun an analysis of enforcementprogram alternative which evaluates ongoing Federal, State and industry programs. The different approaches are being analyzed according to the overallprogram costs and benefits, including costs to manufacturers, consumers and the Government. An importantpartofthis evaluation includes contactwith manufacturers andtrade associations.

The programs thathave been evaluated include the following:

1. Environmental Protection Agency; a.

Product Noise Enforcement Program. b. Automobile ExhaustEmission Certification Program. 2. National HighwayTraffic Safety

Administration; Enforcement ofMotor Vehicle Safety Standards. 3. Department ofDefense/Fleet Ballistic

Missiles; Procurement Standards. 4. State ofCalifornia; Enforcement of

Appliance Energy Efficiency Standards. 5. Associalion ofHome Appliance

Manufacturers; Certification Program for Room Air Conditioners. 6. Air Conditioning andRefrigeration

Institute; Certification ofUnitary Air Condilioners. 7. Underwriters Laboratory; Product Safety

Certification.
In providing any comments or alternative approaches, commenters should focus on the enforcement authority granted in 

### the Act (discussed in section IIB ofthis notice) and the potential impacts ofimplementing various approaches available pursuant to this authority.

VI. Consumer Participation

Because ofthe direct impact ofthe standards on individual consumers, DOE wishes to achieve in the standards development process the maximum level ofconsumerparticipation possible. To assist the Department in achieving this goal, a public meeting will be held in Washington, D.C., at the time andplace specified at the beginning ofthis notice.

Representatives ofconsumer groups and individual consumers ar.e urged to attend this meeting and to make oral or written statementsregarding the standards program. DOE is mailing copies ofthis notice to all individuals and consumer organizations identified

as having an interest in standards development.

Additional information regarding

consumer preference is expected to be received from a survey to be conducted underDOE direction. The survey will be used to determine, withrespect to energy efficiency, whatproducts have beenpurchased and what products

consumers expect to purchase. Data from this survey will beused in DOE's demand analysis studies to determine the economic impacts ofproposed standards.

DOE requests interestedpersons to submit suggestions and comments regarding the methods thatDOE should consider in order to maximize consumer participation in the development of standards.

VII. Environmental Review

This advance notice ofproposed rulemaking is being published primarily
to invite comments from the public regarding the establishment of energy efficiency standards for certain

consumerproducts.This action is informational innature, and does not commit the agency to any specific

course ofaction at this time. DOE has therefore determined that this advance notice does not constitute a major Federal action significantly affecting the quality ofthe human environment within the meaning ofthe National Environmental Policy Act of 1969 (NEPA), 43U.S.C. 4321 

### etseq. Consequently"an environmental analysis is notnecessary in connection with its publication.

An appropriate environmental analysis will be made in connection with the proposedrulemaking and informationregarding the environmental analysis willbe issued concurrently with publication ofthe Notice of Proposed Rulemaking.

VIII. Comments on Issues

Issues and questions relating to the development of standards are found throughout this notice. The following list ofissues, while highlighting some ofthe major areas ofinterest to DOE, is not intendedto be comprehensive and· shouldnotbe construed as limiting the scope of comments relating to this notice.

1. DOE intends to

### phase in the standards over a five year period. as described in this notice. with the final standards becoming effective no later than November 1986. DOE is interested in comments relating to this schedule and other alternative phase-in schedules.

2. DOE has identified the product types and classes to which standards

are likely to apply. Prodl,!ct classes were selectedon the basis ofutility and performance-related featues. DOE would like to receive comments pertaining to the

### proposedclasses. If additional classes are recommended, the recommendations should include the rationale for the establishment of such classes based on the class selection criteria discussed above.

3. For purposes ofthis notice, DOE has defined the 

### "maximum technologicallyfeasible energy efficiency"in section 

### III B. DOE invites
comments on this definition and on the preliminary efficiency levels listed in Table II.

4. DOE's approach to the development of anenergy efficiency standard enforcement program has been discussed in section V. Suggestions relating to a compliance and enforcement program would be most valuable in the early stages ofprogram development. Inproviding any comments or alternative approaches, manufacturers, trade associations and the general public should foc).ls on the enforcement authority grantedin the Act (discussed in section IIB) andthe effectiveness andpotential impacts of implementing various approaches pursuantto this authority.

5. DOE believes, on the basis of information currently available, that retailprices vary widely for products of similar efficiencies producedby different manufacturers. Further, retail prices ofidentical products manufactured by a single manufacturer
vary widely. DOE is interested in quantifying the economic factors that

are most important in accounting for the

numerous 

### retaiipricing strategies found in the marketplace.

.

6. Costs to operate consumerproducts vary widely across the Nation due to different costs ofenergy, climatic variations, and the different ways in

. which consumers use theseproducts. DOE is interested in receiving comments regarding methods that could be used to

assess the impact ofthese 

### variable costs

on the minimum level ofenergy efficiency that should be reflected in the standards.

7. DOE has identified:the data requested from manufacturers in Section IV B. DOE invites comments on'the data requested in Form C8-179(A) and Form CS-179(B).

### Federal Register / Vol. 44, No. 241 / Thursday, December 13, 1979 / Proposed Rules . 72285

IX. Comment Procedures Interested persons are invited to participate in the development of standards by submitting, to the address indicated at the beginning of this notice, data, views or arguments with respect to the subjects set forth in this notice. Comments should be identified on the outside of the envelope, and on documents submitted to DOE, with the designation, "Energy Efficiency Standards for Consumer Products." Fifteen copies are requested to be submitted, but this is not a requirement for submitting comments. Persons responding to this notice may consider part or all of their comments to be of a confidential nature, because the release of certain types of information - might be deemed to cause substantial competitive injury. If any person believes that any information submitted is covered by the exemption to the Freedom of Information Act dealing with trade secrets and commercial or financial information obtained from a person and considered privileged or confidential (5 U.S.C. 552(b)(4)), the person should so state at the time of submission and request that DOE treat this information as confidential. Factors of interest to DOE when evaluating requests to treat as confidential information that has been submitted include: (1) A description of the item; (2) an indication as to whether and why such items ofinformation have been treated by the submitting party as confidential, and whether and why such items are customarily treated as confidential within the industry; (3) whether the information is generally known 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; and (6) an indication as to when such information might lose its confidential character due to the passage of time, DOE is also interested in obtaining views on what specific types of information warrant consideration under the exemption set forth in 5 U.S.C. 552(b)(4). Examples of specific types of information might include: 1. Number of units produced annually, by model. 2. Factory shipment price of each model. 3. Total employment, by product type. 4. Estimated cost increase to meet a proposed standard, by model. 5. Annual capital investment, by product type. Pursuant to the provisions of 10 CFR 1004.11, any person submitting information or data which he believes to be confidential and exempt by law from public disclosure should submit one complete copy, and fifteen copies from which the information believed to be confidential has been deleted. In accordance with the procedures established at 10 CFR 1004.11, DOE shall make its own determination with regard to any claim that information submitted be exempt from public disclosure. All comments received on or before the date specified at the beginning of this advance notice will be considered by DOE in developing the proposed standards. The comment period will extend beyond the 45 day comment period specified in section 325(i)(1)(B) of the Act because DOE's policy pursuant to Executive Order 12044 requires at least a 60 day comment period. Further, DOE believes that the additional time will result in more meaningful response to this notice, and this extension will not result in delay of the legislated timetable for the prescription of standards. further procedural rules needed for the proper conduct of the meeting will be announced by the presiding officer. Transcripts of the meetings will be made, and the entire record of the meetings, including the transcripts, will be retained by DOE and made available for inspection at the DOE Freedom of
Information Office in the Forrestal Building, Independence Avenue and L'Enfant Plaza, S.W., Washington, D.C.,
between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday. Any person may purchase a copy of the transcript from the transcribing reporter. Issued in Washington, D.C., December 3, 1979. Kelly C. Sandy III, Executive Director, Conservation and Solar Energy.

[FR Doc. 79-37852 Filed 12-12

-79:8:45 am]

BILLING CODE 6450-01-M

X. Oral Presentation: Conduct of Meetings Any person who has an interest in this proceeding, or who is a representative of a group of persons having an interest, may make a written request for an opportunity to make an oral presentation at the public meetings to be held on the date indicated at the beginning of this notice. Such requests should be labeled both on the document and on the envelope, "Energy Efficiency Standards for Consumer Products," and should be sent to the address indicated at the beginning of this notice, by the time there specified. The person making the request should briefly describe the interest concerned and, if appropriate, state why he is a proper representative of a group that has an interest, and give a phone number where he may be contacted. DOE reserves the right to select the
persons to be heard at these meetings, to schedule the respective presentations, and to establish the procedures governing the conduct of the meetings. The length of each presentation may be limited, due to the number of persons requesting to be heard. If time permits, the official conducting the meeting may accept additional comments or questions from those attending. The meetings will not be a judicial or evidentiary-type hearing. Except during those periods when comments or questions are requested from the floor, questions will be asked only by the persons conducting the meeting. Any 

### FederalRegister 

## I Vol. 44, No. 241 

## I Thursday, December 13, 1979 

## I Proposed Rules 72285



### IX. Comment Procedures

Interestedpersons are invited to participate in the development of standardsby submitting, to the address indicated at the beginning ofthis notice, data. views or arguments with respect to the subjects setforth in this notice.

Comments should be identified on the outside ofthe envelope, and on documents submitted to DOE. with the designation. "Energy Efficiency Standardsfor ConsumerProducts." Fifteen copies are requested to be submitted. but this is not a requirement for submitting comments.

Persons responding to this notice may consider part or all oftheir comments to be ofa confidential nature, because the release ofcertain types ofinformation might be deemed to cause substantial competitive injury. If

### any person believes that any information submitted is coveredby the exemption to the Freedom ofInformation Act dealing

. with trade secrets and commercial or

financial information obtained from a person and considered privileged or c(;mfidential (5 U.S.C. 552(b)(4)), the person should so state at the time of submission andrequest that DOE treat this information as confidential. Factors ofinterest to DOE when evaluating requests to treat as confidential information that has been submitted include: (1) A description ofthe item; (2)

an indication as to whether and why such items of.information have been treated by the submitting party as confidential. and whether and why such items are customarily treated as confidential within the industry; (3) whether the information is generally known or available from other sources; (4) whether the information has previously beenmade available to others without obligation concerning its confidentiality; (5) an explanation ofthe competitive injury to the submitting person which would result from public disclosure; and (6) an indication as to when such information might lose its confidential character due to the passage oftime.

DOE is also interested in obtaining views onwhat specific types of information warrant consideration under the exemption set forth in 5 U.S.C. 552(b)(4}. Examples ofspecific types of information might include:

1. Number ofunits produced annually, by model,

2. Factory shipmentprice ofeach model.

3. Total employment. byproduct type. 4. Estimated cost increase to meet a proposed standard. by model.

5. Annual capital investment, by product type. Pursuant to the provisions of 10 CFR 1004.11. any person submitting information or data which he believes to be confidential and exemptby law from public disclosure should submit one complete copy. and fifteen copies from which the information believed to be confidential has been deleted. In accordance with the procedures established at 10 CFR 1004.11, DOE shall make its own determination with regard
to any claim that information submitted be exemptfrom public disclosure.

All comments received on or before the date specified at the beginning of this advance notice will be considered byDOE in developing the proposed standards. The comment period will extend beyond the 45 day comment period specified in section 325(i)(1}(B) of the Act because DOE's policy pursuant to Executive Order 12044 requires at least a 60 day comment period. Further, DOE believes that the additional time will result in more meaningful response to this notice. and this extension will not result in delay ofthe legislated timetable for the prescription of standards.

X. Oral Presentation: Conduct of Meetings

Anyperson who has an interest in this proceeding. orwho is a representative ofa group ofpersons h,aving an interest. may make a written request for an opportunity to make an oral presentation at the public meetings
to be held on the date indicated at the beginning ofthis notice. Such requests should be labeled both on the document and on the envelope, "Energy Efficiency Standards for ConsumerProducts," and shouldbe sent to the address indicated at the beginning ofthis notice, by the time there specified.

The personmaking the request should

.briefly describe the interest concerned and, ifappropriate, state why he is a properrepresentative ofa group that has an interest, and give a phone number where he may be contacted.

DOE reserves the right to select the persons to be heard at these meetings, to schedule the respective presentations, and to establish the procedures governing the conduct ofthe meetings. The length ofeach presentation may be limited. due to the number ofpersons requesting to be heard. If

### time permits, the official conducting the meeting may accept additional comments or questions from those attending.

The meetings will not be ajudicial or evidentiary-type hearing. Except during those periods when comments or questions are requested from the floor, questions will be asked only by the persons conducting the meeting. Any further procedural rules needed for the proper conduct ofthe meeting will be announced by the presiding officer.

Transcripts ofthe meetings will be made. and the entire record ofthe meetings. including the transcripts. will be retained by DOE and made available for inspection at the DOE Freedom of Information Office in the Forrestal Building. Independence Avenue and L'Enfant Plaza. S.W

.. Washington. D.C

.. between the hours of8:00 a.m. and 4:30 p.m., Monday through Friday. Any person may purchase a copy ofthe transcript from the transcribing reporter.

Issued in Washington. D.C

.. December 3. 1979. Kelly C. Sandy III,
ExecutiveDirector, Conservation andSolar Energy.

[FR Doc. 79-37652 Filed 12-12-79: 6:45 8m]
BILLING CODE 6450-01-M