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[Federal Register Volume 79, Number 232 (Wednesday, December 3, 2014)]
[Rules and Regulations]
[Pages 71624-71630]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-28446]

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DEPARTMENT OF ENERGY

10 CFR Parts 429 and 431

[Docket No. EERE-2013-BT-TP-0002]
RIN 1904-AC93

Energy Conservation Program: Test Procedures for Commercial 
Clothes Washers

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Final rule.

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SUMMARY: On February 11, 2014, the U.S. Department of Energy (DOE) 
issued a notice of proposed rulemaking (NOPR) to amend the test 
procedures for commercial clothes washers (CCWs). That proposed 
rulemaking serves as the basis for today's action. DOE is issuing a 
final rule making a technical correction to the certification reporting 
requirements for CCWs established under the Energy Policy and 
Conservation Act (EPCA), adopting a new test procedure to be used to 
determine compliance with any revised energy conservation standards for 
CCWs, and clarifying the dates for which the current and new test 
procedures must be used to determine compliance with existing energy 
conservation standards and any future revised energy conservation 
standards for CCWs.

DATES: The effective date of this rule is January 2, 2015.

ADDRESSES: The docket, which includes Federal Register notices, public 
meeting attendee lists and transcripts, comments, and other supporting 
documents/materials, is available for review at regulations.gov. All 
documents in the docket are listed in the regulations.gov index. 
However, some documents listed in the index, such as those containing 
information that is exempt from public disclosure, may not be publicly 
available.
    The docket for this rulemaking can be found at: http://www.regulations.gov/#!docketDetail;D=EERE-2013-BT-TP-0002. The 
regulations.gov Web page will contain simple instructions on how to 
access all documents, including public comments, in the docket.
    For further information on how to review the docket, contact Ms. 
Brenda Edwards at (202) 586-2945 or by email: 
Brenda.Edwards@ee.doe.gov.

FOR FURTHER INFORMATION CONTACT: Bryan Berringer, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies Program, EE-5B, 1000 Independence Avenue SW., Washington, 
DC 20585-0121. Telephone: (202) 586-0371. Email: 
Bryan.Berringers@ee.doe.gov.
    Johanna Hariharan, U.S. Department of Energy, Office of the General 
Counsel, GC-71, 1000 Independence Avenue SW., Washington, DC 20585-
0121. Telephone: (202) 287-6307. Email: Johanna.Hariharan@hq.doe.gov.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Authority and Background
II. Summary of the Final Rule
III. Discussion
    A. Early Use of Appendix J2 for Current Energy Conservation 
Standards
    B. Drying Energy Calculation
    C. Water Heating Calculation
    D. Temperature Use Factors
    E. Technical Correction to 10 Code of Federal Regulations 429.46
IV. Procedural Issues and Regulatory Review
    A. Review Under Executive Order 12866
    B. Review under the Regulatory Flexibility Act
    C. Review Under the Paperwork Reduction Act of 1995
    D. Review Under the National Environmental Policy Act of 1969
    E. Review Under Executive Order 13132
    F. Review Under Executive Order 12988
    G. Review Under the Unfunded Mandates Reform Act of 1995
    H. Review Under the Treasury and General Government 
Appropriations Act, 1999
    I. Review Under Executive Order 12630
    J. Review Under Treasury and General Government Appropriations 
Act, 2001
    K. Review Under Executive Order 13211
    L. Review Under Section 32 of the Federal Energy Administration 
Act of 1974
    M. Congressional Notification
V. Approval of the Office of the Secretary

I. Authority and Background

    Title III of the Energy Policy and Conservation Act of 1975 (42 
U.S.C. 6291, et seq.; ``EPCA''), Pub. L. 94-163, sets forth a variety 
of provisions designed to improve energy efficiency.\1\

[[Page 71625]]

Part C of title III, which for editorial reasons was re-designated as 
Part A-1 upon incorporation into the U.S. Code (42 U.S.C. 6311-17, as 
codified), establishes the ``Energy Conservation Program for Certain 
Industrial Equipment.'' The program includes CCWs, the subject of 
today's notice. (42 U.S.C. 6311(1)(H))
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    \1\ All references to EPCA in this document refer to the statute 
as amended through the American Energy Manufacturing Technical 
Corrections Act (AEMTCA), Pub. L. 112-210 (Dec. 18, 2012).
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    Under EPCA, the energy conservation program consists essentially of 
four parts: (1) Testing, (2) labeling, (3) Federal energy conservation 
standards, and (4) certification and enforcement procedures. The 
testing requirements consist of test procedures that manufacturers of 
covered equipment must use as the basis for (1) certifying to DOE that 
their equipment complies with the applicable energy conservation 
standards adopted under EPCA, and (2) making representations about the 
efficiency of those equipment. (42 U.S.C. 6295(s); 6314(d) and 6316(a)) 
Similarly, DOE must use these test procedures to determine whether the 
equipment complies with any relevant standards promulgated under EPCA. 
(42 U.S.C. 6295(s) and 6316(a))
    The Energy Policy Act of 2005 (EPACT) amended EPCA by adding CCWs 
as one of the covered equipment types under Part A-1, among other 
changes. (42 U.S.C. 6311(1)(H)) EPACT established the definition and 
the first energy conservation standards for CCWs. (42 U.S.C. 6311(21) 
and 6313(e)(1))
    EPACT also directed DOE to conduct two rulemakings to determine 
whether the established standards for CCWs should be amended. (42 
U.S.C. 6313(e)(2)) DOE published its first final rule amending CCW 
standards on January 8, 2010 (``January 2010 final rule''), which 
applies to CCWs manufactured on or after January 8, 2013. 75 FR 1122. 
EPACT required the second final rule to be published by January 1, 
2015. (42 U.S.C. 6313(e)(2)(B)(i)) Any amended standards would apply to 
CCWs manufactured three years after the date on which the final amended 
standard would be published. (42 U.S.C. 6313(e)(2)(B)(ii)) DOE is 
currently conducting its second standards rulemaking to satisfy this 
requirement and published a NOPR on March 4, 2014 (hereafter, the 
``March 2014 standards NOPR'').\2\ 79 FR 12303.
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    \2\ Docket number EERE-2012-BT-STD-0020. For more information, 
see DOE's CCW rulemaking Web page at http://www1.eere.energy.gov/buildings/appliance_standards/product.aspx/productid/46.
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    The CCW standards established by the January 2010 final rule are 
based on the MEF and WF metrics as measured using DOE's clothes washer 
test procedure at 10 Code of Federal Regulations (CFR) part 430, 
subpart B, appendix J1 (``appendix J1''). On March 7, 2012, DOE 
published a final rule (hereafter, the ``March 2012 final rule'') 
establishing a new clothes washer test procedure at 10 CFR part 430, 
subpart B, appendix J2 (``appendix J2''). 77 FR 13888. Due to the 
substantive amendments in appendix J2, the calculated values of MEF and 
WF in appendix J2 are not equivalent to the calculated values of MEF 
and WF in appendix J1. Beginning March 7, 2015, manufacturers of 
residential clothes washers will be required to use appendix J2 to 
demonstrate compliance with new standards that also become effective on 
that date. This final rule adopts appendix J2 for CCWs such that 
manufacturers of commercial clothes washers will be required to use 
appendix J2 to demonstrate compliance with any future amended standards 
adopted as part of the current CCW standards rulemaking.
    On February 11, 2014, DOE published a NOPR to revise its test 
procedures and certification reporting requirements for CCWs 
(hereafter, the ``February 2014 NOPR''). 79 FR 8112. DOE proposed 
amending the certification requirements for CCWs to allow the use of 
either appendix J1 or appendix J2, in conjunction with conversion 
equations, to demonstrate compliance with the current energy 
conservation standards established by the January 2010 final rule. 75 
FR 1122; 79 FR 8112, 8113-8114. The proposal included the numerical 
equations for translating MEF and WF values as measured using appendix 
J2 into equivalent appendix J1 values. CCW manufacturers using appendix 
J2 would be required to use the conversion equations to translate the 
measured efficiency metrics into equivalent appendix J1 values. The use 
of appendix J2 would be required to demonstrate compliance with any 
amended energy conservation standards for CCWs to be published in a 
final rule by January 1, 2015, and the conversion equations would no 
longer be used at that time.
    Today's rule does not adopt the February 2014 NOPR proposal to 
include numerical equations for translating MEF and WF values as 
measured using appendix J2 into equivalent appendix J1 values until a 
final rule amending energy conservation standards is published. Today's 
rule clarifies that CCW manufacturers must use appendix J1 to 
demonstrate compliance with the current energy conservation standards. 
In addition, DOE is adopting appendix J2 for CCWs such that CCW 
manufacturers must use appendix J2 to demonstrate compliance with any 
future amended energy conservation standards (to be published in a 
final rule by January 1, 2015). Today's rule fulfills DOE's obligation 
to periodically review its test procedures under 42 U.S.C. 
6314(a)(1)(A). DOE anticipates that its next evaluation of this test 
procedure will occur in a manner consistent with the timeline set out 
in this provision.

II. Summary of the Final Rule

    Manufacturers of CCWs must use appendix J1 to demonstrate 
compliance with the current standards established by the January 2010 
final rule. However, manufacturers of CCWs must use appendix J2 to 
demonstrate compliance with any amended energy conservation standards 
that would be published in a final rule by January 1, 2015.
    In addition, this final rule amends 10 CFR 431.152 to provide 
definitions for the appendix J1 and appendix J2 energy and water 
metrics: (1) IWF, defined as the integrated water factor value 
calculated using appendix J2; (2) MEF, defined as the modified energy 
factor value calculated using appendix J1; (3) MEFJ2, 
defined as the modified energy factor value calculated using appendix 
J2; and (4) WF, defined as the water factor value calculated using 
appendix J1.
    DOE also amends the test procedures for CCWs at 10 CFR 431.154 to 
specify that appendix J1 must be used to determine compliance with 
existing energy conservation standards and appendix J2 must be used to 
determine compliance with any future revised energy conservation 
standards for CCWs.
    This final rule also corrects a technical error in the 
certification and reporting requirements for CCWs at 10 CFR 429.46 by 
listing the water factor as one of the measures of energy or water 
consumption for which consumers would favor a lower value.

III. Discussion

A. Early Use of Appendix J2 for Current Energy Conservation Standards

    As discussed above, DOE proposed in the February 2014 NOPR to 
provide equations for translating MEF and WF values as measured using 
appendix J2 into their equivalent values as measured using appendix J1. 
This would enable manufacturers to use appendix J2 to demonstrate 
compliance with the current energy conservation standards, which are 
based on appendix J1.
    The Association of Home Appliance Manufacturers (AHAM), Whirlpool

[[Page 71626]]

Corporation (Whirlpool), and Alliance Laundry Systems (ALS) strongly 
oppose DOE's proposal to permit early compliance with Appendix J2, 
through the use of the proposed translation equations, three years 
before it becomes mandatory for CCWs. (AHAM, No. 2 at pp. 2-3; 
Whirlpool, No. 3 at p. 1; ALS, No. 4 at p. 1) \3\ \4\ \5\ AHAM stated 
that although it had sought early compliance with regard to residential 
refrigerator/freezers and residential clothes washers, it did so with 
the limited purpose of easing the burden associated with manufacturers 
transitioning their full product lines to comply with amended standards 
on one date. Accordingly, AHAM stated that it strongly supported, and 
continues to support, DOE's guidance permitting early compliance with 
new or amended test procedures for satisfying applicable new or amended 
standards.\6\ (AHAM, No. 2 at p. 2)
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    \3\ A notation in this form provides a reference for information 
that is in the docket for DOE's test procedure rulemaking for CCWs 
(Docket No. EERE-2013-BT-TP-0002), which is maintained at 
www.regulations.gov. This notation indicates that AHAM's statement 
preceding the reference can be found in document number 4 in the 
docket, and appears at page 1 of that document.
    \4\ Whirlpool Corporation submitted a written comment stating 
that it worked closely with AHAM in the development of AHAM's 
submitted comments, and that Whirlpool strongly supports the 
positions taken by AHAM. Throughout this final rule, reference to 
AHAM's written comments should be considered reflective of 
Whirlpool's position as well.
    \5\ ALS submitted a written comment stating that it supports 
AHAM's public comments for this NOPR. Throughout this final rule, 
reference to AHAM's comments should be considered reflective of ALS' 
position as well.
    \6\ DOE guidance, ``When may an amended test procedure be used 
to test, rate and certify products prior to the compliance date for 
new standards?'' available at: http://www1.eere.energy.gov/guidance/detail_search.aspx?IDQuestion=658 &pid=2&spid=1.
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    AHAM added that it believes that permitting manufacturers to 
demonstrate early compliance with an applicable standard using two 
different test procedures is contrary to the intent of the EPCA, as 
amended. AHAM stated that the major value of test procedures, labeling, 
and the restrictions on energy-related representations inconsistent 
with the required test procedure is to provide consumers with accurate, 
credible, and comparative energy information. AHAM believes that value 
would be undermined if manufacturers are authorized to provide energy 
information under more than one test procedure, particularly if the 
energy descriptor stays the same. (AHAM, No. 2 at p. 2)
    AHAM stated that its concerns are most acute when the amended test 
procedure impacts measured energy, in which case, a manufacturer could 
choose the test procedure that will permit CCWs to meet the standard 
and make more advantageous energy-related claims. AHAM believes that 
this concern does not disappear if DOE requires a translation equation 
or ``crosswalk'' from one standard to another because such a 
translation equation, at best, provides an estimate of a CCW's measured 
energy use, but it cannot accurately represent the measured energy of 
every CCW. AHAM noted that the translation equations represent an 
average approximation, but that approximation is only based on the test 
results from a subset of models on the market. According to AHAM, EPCA 
does not contemplate the use of approximate values to make energy-
related representations. (AHAM, No. 2 at p. 2)
    Finally, AHAM stated it believes that DOE's permitted use of 
different test procedures to demonstrate compliance with standards 
presents challenges for verification. Because third parties could also 
test with either test procedure, and a translation equation only 
provides an approximation, third parties may get different results than 
the manufacturers if the third parties use a different procedure. AHAM 
stated that should DOE proceed, over AHAM's strong objection, to permit 
early compliance with appendix J2 through the use of translation 
equations, AHAM requests that DOE specify that third party testing and 
verification testing must be done using the same test procedure that 
was used for certification purposes. (AHAM, No. 2 at p. 3)
    ALS also strongly objected to allowing the early use of appendix J2 
before it will become mandatory in 2018. (ALS, No. 4 at p. 1) ALS also 
stated that it strongly objects to the use of translation equations 
developed by DOE, which are based on testing of limited numbers of 
existing models, but may not have included all existing compliant 
models. ALS believes that EPCA does not allow using translation 
equations, which may not guarantee that all existing certified models, 
which were certified based on tests to appendix J1, would remain in 
compliance to the minimum standard when judged by testing to appendix 
J2 and employing the translation equations. (ALS, No. 4 at p. 1)
    DOE did not receive any comments objecting to the translation 
equations as proposed, aside from the issue of whether to permit the 
use of appendix J2 in conjunction with the translation equations to 
determine compliance with the current standards, as described in the 
previous section.
    In consideration of the comments received, DOE has determined it 
will not adopt the translation equations. Today's final rule requires 
that manufacturers of CCWs use appendix J1 to demonstrate compliance 
with the current standards established by the January 2010 final rule. 
The use of appendix J2 will be required to demonstrate compliance with 
any amended energy conservation standards to be published in a final 
rule by January 1, 2015.
    Today's final rule also amends 10 CFR 431.152 to provide clarifying 
definitions for the energy and water descriptors for CCWs to better 
differentiate between the two test procedures. Consistent with the 
current CCW standards, the amendments define MEF and WF as the modified 
energy factor and water factor values, respectively, calculated using 
appendix J1. To accommodate any future amended standards for CCWs, the 
amendments define MEFJ2 and IWF as the modified energy 
factor and integrated water factor values, respectively, calculated 
using appendix J2.\7\ Since the calculated value of modified energy 
factor in appendix J2 is not equivalent to the calculated value of 
modified energy factor in appendix J1, adding the ``J2'' subscript to 
the appendix J2 MEF descriptor will avoid any potential ambiguity that 
would result from using the same energy descriptor for both test 
procedures.
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    \7\ In the March 2014 standards NOPR, DOE proposed amended 
standards for CCWs based on the MEF and IWF metrics as measured 
using appendix J2.
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B. Drying Energy Calculation

    Section 4.3 of appendix J2 provides the calculation of per-cycle 
energy consumption for removal of moisture from the test load (i.e., 
the drying energy), which is one of the energy components used to 
calculate MEF. The drying energy is calculated as the product of: (1) 
The weighted average load size; (2) the remaining moisture content 
minus 4%; (3) the dryer usage factor of 0.91; and (4) the nominal 
energy required for a clothes dryer to remove moisture from clothing, 
defined as 0.5 kWh/lb.
    In the February 2014 NOPR, DOE responded to comments received from 
interested parties as part of the concurrent energy conservation 
standards rulemaking for CCWs. 79 FR 8112, 8116-18. Southern Company 
had requested that DOE incorporate a variable DEF, and the National 
Resources Defense Council (NRDC) and the Appliance Standards Awareness 
Project (ASAP) suggested that DOE

[[Page 71627]]

should account for the percentage of market features such as dryer 
moisture sensors or timer-activated termination controls in commercial 
clothes dryers. 79 FR 8112, 8117. In response, DOE explained in the 
February 2014 NOPR that the calculation of drying energy in the clothes 
washer test procedure is only intended to provide a nominal estimate of 
associated drying energy that can be used to distinguish among clothes 
washer models that provide varying degrees of remaining moisture in the 
clothing load, which provides a consistent basis of comparison across 
all types of clothes washers. Id. In addition, DOE stated that it did 
not have consumer usage data that would indicate how consumer usage of 
commercial clothes dryers might differ from residential clothes dryers. 
Id. DOE also did not have data indicating the prevalence of features in 
commercial clothes dryers, such as moisture sensors, that would affect 
the drying times. Id. Such data would be required to support any 
changes in the test procedure calculations. Therefore, DOE did not 
propose any changes to the drying energy calculation.
    In its comments submitted in response to the February 2014 NOPR, 
AHAM agrees that the calculation of drying energy in the clothes washer 
test procedure is intended to provide a nominal estimate of associated 
drying energy that can be used to distinguish clothes washer models by 
degree of remaining moisture in the clothing load, which provides a 
consistent basis on which to compare clothes washers. AHAM also 
confirms that consumer usage data is not available to indicate how 
consumer usage of commercial clothes dryers might differ from 
residential clothes dryers, or the prevalence of features in commercial 
clothes dryers, such as moisture sensors, that would affect the drying 
times. AHAM agrees that such data would be required in order for DOE to 
amend the test procedure and therefore supports DOE's decision not to 
amend the test procedure in the absence of such data. (AHAM, No. 2 at 
p. 3)
    ALS supports DOE's response that the drying energy calculation is 
intended to be a nominal estimate of drying energy. ALS also supports 
DOE's response that data does not exist on the prevalence of moisture 
sensors or other features on commercial clothes dryers, which would be 
needed to support the test procedure change. (ALS, No. 4 at pp. 1-2)
    DOE received no additional comments in support of amending the 
dryer energy calculation for CCWs. Today's final rule does not include 
any changes to the drying energy calculation for CCWs.

C. Water Heating Calculation

    Section 4.1.3 of appendix J2 provides the calculation of total 
weighted per-cycle hot water energy consumption (i.e., the water 
heating energy), which is one of the energy components used to 
calculate MEF. The water heating energy calculations assume a 100% 
efficient electric water heater that provides a water heating value of 
0.00240 kWh/gal/[deg]F. Section 4.1.4 of the test procedure also 
provides a conversion for gas water heating, assuming a gas water 
heater efficiency of 75%. However, the gas water heating calculation is 
not used in any calculations within the DOE test procedure; rather, it 
is only used with the Federal Trade Commission's EnergyGuide label for 
calculating the estimated yearly cost of a clothes washer when used 
with a natural gas water heater. (16 CFR 305, Appendix L).
    As part of the concurrent energy conservation standards rulemaking 
for CCWs, Southern Company had suggested that the assumed water heater 
efficiencies should be updated as the weighted efficiency of installed 
water heaters changes over time, as electric heat pump water heaters 
and gas condensing water heaters gain market share. DOE responded in 
the February 2014 NOPR that, much like the drying energy calculation 
described in the previous section of this notice, the calculation of 
water heating energy in the clothes washer test procedure is only 
intended to provide a nominal estimate of water heating energy that can 
be used to distinguish among clothes washer models that use different 
amounts of hot water, which provides a consistent basis of comparison 
across all types of clothes washers. Therefore, DOE did not propose any 
changes to the water heating calculation for CCWs in the February 2014 
NOPR. 79 FR 8112, 8117-8118.
    ALS supports DOE's response that the calculation for water heating 
is intended to provide a nominal estimate of water heating energy. ALS 
noted that the existing test procedure uses electric water heating for 
the water heating calculation, even though other types of water heating 
(including gas, solar, and steam water heating) are in use throughout 
the United States. (ALS, No. 4 at p. 2) AHAM agrees with DOE's decision 
not to amend the water heating calculation and its reasoning for making 
that determination. (AHAM, No. 2 at p. 3)
    DOE received no comments in support of amending the water heating 
calculation for CCWs. Today's final rule does not include any changes 
to the water heating calculation for CCWs.

D. Temperature Use Factors

    Table 4.1.1 of appendix J2 provides the Temperature Use Factors 
(TUFs), which represent the percentage of wash cycles performed by end-
users at each available wash/rinse temperature. For a clothes washer 
with cold, warm, and hot wash cycles (all with cold rinse), which DOE 
testing indicates is the most common combination found on CCWs, the 
TUFs are assigned as follows: Cold wash 37%; warm wash 49%; and hot 
wash 14%.
    As part of the concurrent energy conservation standards rulemaking 
for CCWs, NRDC and ASAP had suggested that the cold temperature usage 
factor of 37% should be corroborated for the commercial environment. 
DOE responded that it did not have consumer usage data indicating the 
prevalence of cold wash cycles performed on CCWs. Such data would be 
required to consider any changes in the test procedure calculations. 
Therefore, DOE did not propose any changes to the TUFs. 79 FR 8112, 
8118.
    ALS supports DOE's response that DOE does not have usage data 
indicating the prevalence of cold wash cycles being used on CCWs. (ALS, 
No. 4 at p. 2) AHAM supports DOE's decision not to amend the TUFs in 
the absence of such necessary data. (AHAM No. 2 at p. 4)
    DOE received no comments in support of amending the TUFs for CCWs. 
Today's final rule does not include any changes to the TUFs for CCWs.

E. Technical Correction to 10 CFR 429.46

    Currently, 10 CFR 429.46(a)(2)(ii) includes ``water factor'' in the 
list of measures of energy or water consumption for which consumers 
would favor a higher value. However, a higher water factor value 
indicates higher (i.e., less favorable) water consumption. Therefore, 
water factor should be listed in 10 CFR 429.46(a)(2)(i) as one of the 
measures of energy or water consumption for which consumers would favor 
a lower value. Today's final rule corrects this technical error.

IV. Procedural Issues and Regulatory Review

A. Review Under Executive Order 12866

    The Office of Management and Budget (OMB) has determined that test 
procedure rulemakings do not constitute

[[Page 71628]]

``significant regulatory actions'' under section 3(f) of Executive 
Order 12866, Regulatory Planning and Review, 58 FR 51735 (Oct. 4, 
1993). Accordingly, this action was not subject to review under the 
Executive Order by the Office of Information and Regulatory Affairs 
(OIRA) in OMB.

B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
preparation of an final regulatory flexibility analysis (FFRA) for any 
rule that by law must be proposed for public comment, unless the agency 
certifies that the rule, if promulgated, will not have a significant 
economic impact on a substantial number of small entities. As required 
by Executive Order 13272, ``Proper Consideration of Small Entities in 
Agency Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE published 
procedures and policies on February 19, 2003, to ensure that the 
potential impacts of its rules on small entities are properly 
considered during the DOE rulemaking process. 68 FR 7990. DOE has made 
its procedures and policies available on the Office of the General 
Counsel's Web site: http://energy.gov/gc/office-general-counsel.
    DOE reviewed today's final rule under the provisions of the 
Regulatory Flexibility Act and the procedures and policies published on 
February 19, 2003. DOE has concluded that the rule would not have a 
significant impact on a substantial number of small entities. The 
factual basis for this certification is as follows:
    The Small Business Administration (SBA) considers a business entity 
to be a small business, if, together with its affiliates, it employs 
less than a threshold number of workers specified in 13 CFR part 121. 
These size standards and codes are established by the 2007 North 
American Industry Classification System (NAICS). The threshold number 
for NAICS classification code 333312--which applies to commercial 
laundry, dry cleaning, and pressing machine manufacturers--is 500 
employees. Searches of the SBA Web site \8\ to identify CCW 
manufacturers within this NAICS classification number did not identify 
any small businesses that manufacture CCWs. Additionally, DOE checked 
its own publicly available Compliance Certification Database \9\ to 
identify manufacturers of CCWs and also did not identify any 
manufacturers of CCWs that employ less than 500 people. In addition, 
today's final rule does not implement any physical changes to the test 
methods; it merely clarifies compliance dates and corrects a reporting 
requirement.
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    \8\ A searchable database of certified small businesses is 
available online at: http://dsbs.sba.gov/dsbs/search/dsp_dsbs.cfm.
    \9\ DOE's Compliance Certification Database is available online 
at: http://www.regulations.doe.gov/certification-data.
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    For these reasons, DOE concludes and certifies that today's final 
rule will not have a significant economic impact on a substantial 
number of small entities. Accordingly, DOE has not prepared a 
regulatory flexibility analysis for this rulemaking. DOE has 
transmitted the certification and supporting statement of factual basis 
to the Chief Counsel for Advocacy of the SBA for review under 5 U.S.C. 
605(b).

C. Review Under the Paperwork Reduction Act of 1995

    Manufacturers of CCWs must certify to DOE that their equipment 
complies with any applicable energy conservation standards. In 
certifying compliance, manufacturers must test their equipment 
according to the DOE test procedures for CCWs, including any amendments 
adopted for those test procedures. DOE has established regulations for 
the certification and recordkeeping requirements for all covered 
consumer products and commercial equipment, including CCWs. 76 FR 12422 
(March 7, 2011). The collection-of-information requirement for the 
certification and recordkeeping is subject to review and approval by 
OMB under the Paperwork Reduction Act (PRA). This requirement has been 
approved by OMB under OMB control number 1910-1400. Public reporting 
burden for the certification is estimated to average 20 hours per 
response, including the time for reviewing instructions, searching 
existing data sources, gathering and maintaining the data needed, and 
completing and reviewing the collection of information.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB Control Number.

D. Review Under the National Environmental Policy Act of 1969

    In this final rule, DOE amends its test procedure for CCWs. DOE has 
determined that this rule falls into a class of actions that are 
categorically excluded from review under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and DOE's implementing 
regulations at 10 CFR part 1021. Specifically, this rule amends an 
existing rule without affecting the amount, quality or distribution of 
energy usage, and, therefore, will not result in any environmental 
impacts. Thus, this rulemaking is covered by Categorical Exclusion A5 
under 10 CFR part 1021, subpart D, which applies to any rulemaking that 
interprets or amends an existing rule without changing the 
environmental effect of that rule. Accordingly, neither an 
environmental assessment nor an environmental impact statement is 
required.

E. Review Under Executive Order 13132

    Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4, 
1999), imposes certain requirements on agencies formulating and 
implementing policies or regulations that preempt State law or that 
have Federalism implications. The Executive Order requires agencies to 
examine the constitutional and statutory authority supporting any 
action that would limit the policymaking discretion of the States and 
to carefully assess the necessity for such actions. The Executive Order 
also requires agencies to have an accountable process to ensure 
meaningful and timely input by State and local officials in the 
development of regulatory policies that have Federalism implications. 
On March 14, 2000, DOE published a statement of policy describing the 
intergovernmental consultation process it will follow in the 
development of such regulations. 65 FR 13735. DOE examined this final 
rule and determined that it will not have a substantial direct effect 
on the States, on the relationship between the national government and 
the States, or on the distribution of power and responsibilities among 
the various levels of government. EPCA governs and prescribes Federal 
preemption of State regulations as to energy conservation for the 
equipment that is the subject of today's final rule. States can 
petition DOE for exemption from such preemption to the extent, and 
based on criteria, set forth in EPCA. (42 U.S.C. 6297(d)) No further 
action is required by Executive Order 13132.

F. Review Under Executive Order 12988

    Regarding the review of existing regulations and the promulgation 
of new regulations, section 3(a) of Executive Order 12988, ``Civil 
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal 
agencies the general duty to adhere to the following requirements: (1) 
Eliminate drafting errors and ambiguity; (2) write regulations to 
minimize litigation; (3) provide a clear legal standard for

[[Page 71629]]

affected conduct rather than a general standard; and (4) promote 
simplification and burden reduction. Section 3(b) of Executive Order 
12988 specifically requires that Executive agencies make every 
reasonable effort to ensure that the regulation: (1) Clearly specifies 
the preemptive effect, if any; (2) clearly specifies any effect on 
existing Federal law or regulation; (3) provides a clear legal standard 
for affected conduct while promoting simplification and burden 
reduction; (4) specifies the retroactive effect, if any; (5) adequately 
defines key terms; and (6) addresses other important issues affecting 
clarity and general draftsmanship under any guidelines issued by the 
Attorney General. Section 3(c) of Executive Order 12988 requires 
Executive agencies to review regulations in light of applicable 
standards in sections 3(a) and 3(b) to determine whether they are met 
or it is unreasonable to meet one or more of them. DOE has completed 
the required review and determined that, to the extent permitted by 
law, this final rule meets the relevant standards of Executive Order 
12988.

G. Review Under the Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) 
requires each Federal agency to assess the effects of Federal 
regulatory actions on State, local, and Tribal governments and the 
private sector. Pub. L. 104-4, sec. 201 (codified at 2 U.S.C. 1531) For 
a regulatory action resulting in a rule that may cause the expenditure 
by State, local, and Tribal governments, in the aggregate, or by the 
private sector of $100 million or more in any one year (adjusted 
annually for inflation), section 202 of UMRA requires a Federal agency 
to publish a written statement that estimates the resulting costs, 
benefits, and other effects on the national economy. (2 U.S.C. 1532(a), 
(b)) The UMRA also requires a Federal agency to develop an effective 
process to permit timely input by elected officers of State, local, and 
Tribal governments on a proposed ``significant intergovernmental 
mandate,'' and requires an agency plan for giving notice and 
opportunity for timely input to potentially affected small governments 
before establishing any requirements that might significantly or 
uniquely affect small governments. On March 18, 1997, DOE published a 
statement of policy on its process for intergovernmental consultation 
under UMRA. 62 FR 12820; also available at http://energy.gov/gc/office-general-counsel. DOE examined today's final rule according to UMRA and 
its statement of policy and determined that the rule contains neither 
an intergovernmental mandate, nor a mandate that may result in the 
expenditure of $100 million or more in any year, so these requirements 
do not apply.

H. Review Under the Treasury and General Government Appropriations Act, 
1999

    Section 654 of the Treasury and General Government Appropriations 
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family 
Policymaking Assessment for any rule that may affect family well-being. 
Today's final rule will not have any impact on the autonomy or 
integrity of the family as an institution. Accordingly, DOE has 
concluded that it is not necessary to prepare a Family Policymaking 
Assessment.

I. Review Under Executive Order 12630

    DOE has determined, under Executive Order 12630, ``Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights'' 53 FR 8859 (March 18, 1988), that this regulation will not 
result in any takings that might require compensation under the Fifth 
Amendment to the U.S. Constitution.

J. Review Under Treasury and General Government Appropriations Act, 
2001

    Section 515 of the Treasury and General Government Appropriations 
Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most 
disseminations of information to the public under guidelines 
established by each agency pursuant to general guidelines issued by 
OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and 
DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). DOE has 
reviewed today's final rule under the OMB and DOE guidelines and has 
concluded that it is consistent with applicable policies in those 
guidelines.

K. Review Under Executive Order 13211

    Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 
(May 22, 2001), requires Federal agencies to prepare and submit to OMB, 
a Statement of Energy Effects for any significant energy action. A 
``significant energy action'' is defined as any action by an agency 
that promulgated or is expected to lead to promulgation of a final 
rule, and that: (1) Is a significant regulatory action under Executive 
Order 12866, or any successor order; and (2) is likely to have a 
significant adverse effect on the supply, distribution, or use of 
energy; or (3) is designated by the Administrator of OIRA as a 
significant energy action. For any significant energy action, the 
agency must give a detailed statement of any adverse effects on energy 
supply, distribution, or use if the regulation is implemented, and of 
reasonable alternatives to the action and their expected benefits on 
energy supply, distribution, and use.
    Today's regulatory action is not a significant regulatory action 
under Executive Order 12866. Moreover, it would not have a significant 
adverse effect on the supply, distribution, or use of energy, nor has 
it been designated as a significant energy action by the Administrator 
of OIRA. Therefore, it is not a significant energy action, and, 
accordingly, DOE has not prepared a Statement of Energy Effects.

L. Review Under Section 32 of the Federal Energy Administration Act of 
1974

    Under section 301 of the Department of Energy Organization Act 
(Pub. L. 95-91; 42 U.S.C. 7101), DOE must comply with section 32 of the 
Federal Energy Administration Act of 1974, as amended by the Federal 
Energy Administration Authorization Act of 1977. (15 U.S.C. 788; FEAA) 
Section 32 essentially provides in relevant part that, where a proposed 
rule authorizes or requires use of commercial standards, the notice of 
proposed rulemaking must inform the public of the use and background of 
such standards. In addition, section 32(c) requires DOE to consult with 
the Attorney General and the Chairman of the Federal Trade Commission 
(FTC) concerning the impact of the commercial or industry standards on 
competition. DOE is not requiring the use of any commercial standards 
in this rulemaking, so these requirements do not apply.

M. Congressional Notification

    As required by 5 U.S.C. 801, DOE will report to Congress on the 
promulgation of today's rule before its effective date. The report will 
state that it has been determined that the rule is not a ``major rule'' 
as defined by 5 U.S.C. 804(2).

V. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this final 
rule.

List of Subjects

10 CFR Part 429

    Administrative practice and procedure, Confidential business 
information, Energy conservation, Household appliances, Imports,

[[Page 71630]]

Reporting and recordkeeping requirements.

10 CFR Part 431

    Administrative practice and procedure, Confidential business 
information, Energy conservation, Household appliances.

    Issued in Washington, DC, on November 24, 2014.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

    For the reasons stated in the preamble, DOE amends parts 429 and 
431 of Chapter II of Title 10, Code of Federal Regulations as set forth 
below:

PART 429--CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER 
PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT

0
1. The authority citation for part 429 continues to read as follows:

    Authority: 42 U.S.C. 6291-6317.

0
2. Section 429.46 is amended by revising paragraphs (a)(2)(i) 
introductory text, (a)(2)(ii) introductory text, and (b)(2) to read as 
follows:

Sec.  429.46  Commercial clothes washers.

    (a) * * *
    (2) * * *
    (i) Any represented value of the water factor or other measure of 
energy or water consumption of a basic model for which consumers would 
favor lower values shall be greater than or equal to the higher of:
* * * * *
    (ii) Any represented value of the modified energy factor or other 
measure of energy or water consumption of a basic model for which 
consumers would favor higher values shall be greater than or equal to 
the higher of:
* * * * *
    (b) * * *
    (2) Pursuant to Sec.  429.12(b)(13), a certification report shall 
include the following public product-specific information:
    (i) If testing was conducted using Appendix J1 to subpart B of part 
430 of this chapter: The modified energy factor (MEF) in cubic feet per 
kilowatt hour per cycle (cu ft/kWh/cycle); and the water factor (WF) in 
gallons per cubic feet per cycle (gal/cu ft/cycle);
    (ii) If testing was conducted using Appendix J2 to subpart B of 
part 430 of this chapter: The modified energy factor (MEFJ2) 
in cu ft/kWh/cycle and the integrated water factor (IWF) in gal/cu ft/
cycle.

PART 431--ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND 
INDUSTRIAL EQUIPMENT

0
3. The authority citation for part 431 continues to read as follows:

    Authority: 42 U.S.C. 6311-6317

0
4. Section 431.152 is amended by adding in alphabetical order the 
definitions for IWF, MEF, MEFJ2, and WF to read as follows:

Sec.  431.152  Definitions concerning commercial clothes washers.

* * * * *
    IWF means integrated water factor, in gallons per cubic feet per 
cycle (gal/cu ft/cycle), as determined in section 4.2.13 of Appendix J2 
to subpart B of 10 CFR part 430.
    MEF means modified energy factor, in cubic feet per kilowatt hour 
per cycle (cu ft/kWh/cycle), as determined in section 4.4 of Appendix 
J1 to subpart B of part 430.
    MEFJ2 means modified energy factor, in cu ft/kWh/cycle, as 
determined in section 4.5 of Appendix J2 to subpart B of part 430.
    WF means water factor, in gal/cu ft/cycle, as determined in section 
4.2.3 of Appendix J1 to subpart B of part 430.

0
5. Section 431.154 is revised to read as follows:

Sec.  431.154  Test procedures.

    The test procedures for clothes washers in Appendix J1 to subpart B 
of part 430 of this chapter must be used to test commercial clothes 
washers to determine compliance with the energy conservation standards 
at Sec.  431.156(b). The test procedures for clothes washers in 
Appendix J2 to subpart B of part 430 of this title must be used to 
determine compliance with any amended standards based on Appendix J2 
efficiency metrics published after December 3, 2014.

[FR Doc. 2014-28446 Filed 12-2-14; 8:45 am]
BILLING CODE 6450-01-P
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