[Federal Register Volume 79, Number 205 (Thursday, October 23, 2014)]
[Proposed Rules]
[Pages 63336-63339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-25244]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 79, No. 205 / Thursday, October 23, 2014 / 
Proposed Rules

[[Page 63336]]



DEPARTMENT OF ENERGY

10 CFR Part 430

[Docket No. EERE-2014-BT-TP-0034]


Energy Conservation Program: Test Procedures for Residential 
Clothes Dryers

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

ACTION: Notice of public meeting.

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SUMMARY: The U.S. Department of Energy (DOE) will hold a public meeting 
to facilitate a discussion among interested parties with regards to 
potential changes to the DOE clothes dryer test procedure to produce 
test results that measure energy use during a representative average 
use cycle without being unduly burdensome to conduct.

DATES: DOE will hold a public meeting on November 13, 2014, from 9:00 
a.m. to 12:00 Noon in Washington, DC. Additionally, DOE plans to 
conduct the public meeting via webinar. You may attend the public 
meeting either in person or via webinar.
    DOE will accept comments, data, and information before and after 
the public meeting, but no later than December 15, 2014. See section 
Public Participation for details.

ADDRESSES: The public meeting will be held at the U.S. Department of 
Energy, Forrestal Building, Room 4A-104, 1000 Independence Avenue SW., 
Washington, DC 20585-0121. To attend, please notify Ms. Brenda Edwards 
at (202) 586-2945. See, Public Participation for additional meeting 
information.
    Any comments submitted must identify the NOPM for Test Procedures 
for Residential Clothes Dryers, and provide docket number EERE-2014-BT-
TP-0034. Comments may be submitted using any of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the 
instructions for submitting comments.
    2. Email: <a href="/cdn-cgi/l/email-protection#297b4c5a6a45465d414c5a6d5b504c5b1b19181d7d7919191a1d694c4c074d464c074e465f"><span class="__cf_email__" data-cfemail="7426110737181b001c110730060d1106464445402024444447403411115a101b115a131b02">[email protected]</span></a>. Include the docket 
number in the subject line of the message.
    3. Mail: Ms. Brenda Edwards, U.S. Department of Energy, Building 
Technologies Program, Mailstop EE-5B, 1000 Independence Avenue SW., 
Washington, DC, 20585-0121. If possible, please submit all items on a 
CD. It is not necessary to include printed copies.
    4. Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department of 
Energy, Building Technologies Program, 950 L'Enfant Plaza SW., Suite 
600, Washington, DC 20024. Telephone: (202) 586-2945. If possible, 
please submit all items on a CD, in which case it is not necessary to 
include printed copies.
    For detailed instructions on submitting comments and additional 
information on the rulemaking process, see section Public Participation 
of this document.
    Webinar: Registration information, participant instructions, and 
information about the capabilities available to webinar participants 
will be published on DOE's Web site at: http://www1.eere.energy.gov/buildings/appliance_standards/product.aspx/productid/36. Participants 
are responsible for ensuring their systems are compatible with the 
webinar software.
    Docket: The docket is available for review at http://www.regulations.gov, and will include Federal Register notices, notice 
of proposed rulemaking, public meeting attendee lists and transcripts, 
comments, and other supporting documents/materials throughout the 
rulemaking process. The regulations.gov Web page contains simple 
instructions on how to access all documents, including public comments, 
in the docket. The docket can be accessed by searching for docket 
number EERE-2014-BT-TP-0034 on the regulations.gov Web site. All 
documents in the docket are listed in the www.regulations.gov index. 
However, not all documents listed in the index may be publicly 
available, such as information that is exempt from public disclosure.
    For information on how to review the docket or participate in the 
public meeting, contact Ms. Brenda Edwards at (202) 586-2945 or by 
email: <a href="/cdn-cgi/l/email-protection#97d5e5f2f9f3f6b9d2f3e0f6e5f3e4d7f2f2b9f3f8f2b9f0f8e1"><span class="__cf_email__" data-cfemail="6a28180f040e0b442f0e1d0b180e192a0f0f440e050f440d051c">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: 
Mr. Bryan Berringer, U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Building Technologies Program, EE-2J, 
1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone: 
(202) 586-0371. Email: <a href="/cdn-cgi/l/email-protection#d9bab5b6adb1bcaa86bdaba0bcabaa99bcbcf7bdb6bcf7beb6af"><span class="__cf_email__" data-cfemail="7b1817140f131e08241f09021e09083b1e1e551f141e551c140d">[email protected]</span></a>.
Ms. Sarah Butler, U.S. Department of Energy, Office of the General 
Counsel, GC-71, 1000 Independence Avenue SW., Washington, DC 20585-
0121. Telephone: (202) 586-1777. Email: <a href="/cdn-cgi/l/email-protection#f7a49685969fd9b582839b9285b79f86d9939892d9909881"><span class="__cf_email__" data-cfemail="97c4f6e5f6ffb9d5e2e3fbf2e5d7ffe6b9f3f8f2b9f0f8e1">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Title III, Part B \1\ of the Energy Policy 
and Conservation Act of 1975 (``EPCA'' or, ``the Act''), Pub. L. 94-163 
(42 U.S.C. 6291, et seq.) sets forth a variety of provisions designed 
to improve energy efficiency and established the Energy Conservation 
Program for Consumer Products Other Than Automobiles.\2\ These include 
residential clothes dryers, the subject of today's notice. (42 U.S.C. 
6292(a)(8))
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    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated as Part A.
    \2\ All references to EPCA refer to the statute as amended 
through the American Energy Manufacturing Technical Corrections Act 
(AEMTCA), Public Law 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 products must use as the basis for (1) certifying to DOE that 
their products comply with the applicable energy conservation standards 
adopted under EPCA, and (2) making representations about the efficiency 
of those products. (42 U.S.C. 6293(c); 42 U.S.C. 6295(s)) Similarly, 
DOE must use these test procedures to determine whether the products 
comply with any relevant standards promulgated under EPCA. (42 U.S.C. 
6295(s))
    Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures 
DOE must follow when prescribing or amending test procedures for 
covered products, including clothes dryers. EPCA provides in relevant 
part that any test procedures

[[Page 63337]]

prescribed or amended under this section shall be reasonably designed 
to produce test results which measure energy efficiency, energy use or 
estimated annual operating cost of a covered product during a 
representative average use cycle or period of use and shall not be 
unduly burdensome to conduct. (42 U.S.C. 6293(b)(3))
    In addition, if DOE determines that a test procedure amendment is 
warranted, it must publish proposed test procedures and offer the 
public an opportunity to present oral and written comments on them. (42 
U.S.C. 6293(b)(2)) Finally, in any rulemaking to amend a test 
procedure, DOE must determine to what extent, if any, the proposed test 
procedure would alter the measured energy efficiency of any covered 
product as determined under the existing test procedure. (42 U.S.C. 
6293(e)(1))
    DOE's test procedures for clothes dryers are codified in appendix 
D, appendix D1, and appendix D2 to subpart B of Title 10 of the Code of 
Federal Regulations (CFR). DOE's predecessor, the Federal Energy 
Administration, established the test procedure for clothes dryers at 
appendix D in a final rule published in the Federal Register on 
September 14, 1977 (the September 1977 Final Rule). 42 FR 46145. On May 
19, 1981, DOE published a final rule to amend the test procedure by 
establishing a field-use factor for clothes dryers with automatic 
termination controls, clarifying the test cloth specifications and 
clothes dryer preconditioning, and making editorial and minor technical 
changes. 46 FR 27324. The test procedure includes provisions for 
determining the energy factor (EF) for clothes dryers, which is a 
measure of the total energy required to dry a standard test load of 
laundry to a ``bone dry'' \3\ state.
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    \3\ ``Bone dry'' is defined in the DOE clothes dryer test 
procedure as a condition of a load of test clothes which has been 
dried in a dryer at maximum temperature for a minimum of 10 minutes, 
removed and weighed before cool down, and then dried again for 10-
minute periods until the final weight change of the load is 1 
percent or less. (10 CFR subpart B, appendix D, section 1.2)
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    On January 6, 2011, DOE published in the Federal Register a final 
rule for the residential clothes dryer and room air conditioner test 
procedure rulemaking (76 FR 972), in which it (1) adopted the 
provisions for the measurement of standby mode and off mode energy use 
for those products along with a new energy efficiency metric for 
clothes dryers, combined energy factor (CEF), that incorporates energy 
use in active mode, standby mode, and off mode; and (2) adopted several 
amendments to the clothes dryer and room air conditioner test 
procedures concerning the active mode for these products. 76 FR 972. 
DOE created a new appendix D1 in 10 CFR part 430 subpart B that 
contained the amended test procedure for clothes dryers. 76 FR 1032 
(Jan. 6, 2011).
    DOE published a final rule on August 14, 2013, to amend the clothes 
dryer test procedure, in which it (1) amended appendix D1 to update the 
reference to the latest edition of the International Electrotechnical 
Commission (IEC) Standard 62301, ``Household electrical appliances-
Measurement of standby power,'' Edition 2.0 2011-01; (2) amended 
appendix D and appendix D1 to clarify the cycle settings used for the 
test cycle, the requirements for the gas supply for gas clothes dryers, 
the installation conditions for console lights, the method for 
measuring the drum capacity, the maximum allowable weighing scale 
range, and the allowable use of a relative humidity meter; and (3) 
created a new appendix D2 that includes the amendments discussed above 
and testing methods for measuring the effects of automatic cycle 
termination. 78 FR 49608, 49610-12 (Aug. 14, 2013). Manufacturers must 
use the test procedures in appendix D1 to demonstrate compliance with 
energy conservation standards for clothes dryers as of January 1, 2015. 
76 FR 52852, 52854 (Aug. 24, 2011) and 78 FR 49608, 49461 (Aug. 14, 
2014). Alternatively, manufacturers may use the test procedures in 
appendix D2 to demonstrate compliance with January 2, 2015 energy 
conservation standards. 78 FR 49608, 49461 (Aug. 14, 2014).
    Interested parties have commented publicly, as part of the previous 
test procedure rulemaking process and more recently through other 
public channels, that the DOE clothes dryer test procedures may not 
produce results that are representative of consumer use with regards to 
test load size and composition, cycle settings for the test cycle, and 
other provisions in the test procedure. DOE also notes that Oak Ridge 
National Laboratory and Pacific Northwest National Laboratory recently 
published reports evaluating clothes dryer performance using the new 
appendix D2 test method and preliminary investigations of new automatic 
cycle termination concepts for improving clothes dryer 
efficiency.<SUP>4 5 6</SUP> In consideration of interested parties 
concerns regarding the test procedure and this recent clothes dryer 
automatic cycle termination research, DOE is initiating an effort to 
determine whether amendments to the test procedure are warranted, in 
accordance with 42 U.S.C. 6293(b)(2).
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    \4\ K. Gluesenkamp. Residential Clothes Dryer Performance Under 
Timed and Automatic Cycle Termination Test Procedures. 2014. Oak 
Ridge National Laboratory. Report No. ORNL/TM-2014/431. http://web.ornl.gov/sci/buildings/docs/2014-10-09-ORNL-DryerFinalReport-TM-2014-431.pdf.
    \5\ W. TeGrotenhuis. Clothes Dryer Automatic Termination Sensor 
Evaluation. Volume 1: Characterization of Energy Use in Residential 
Clothes Dryers. 2014. Pacific Northwest National Laboratory. Report 
No. PNNL-23621. http://www.pnnl.gov/main/publications/external/technical_reports/PNNL-23621.pdf.
    \6\ W. TeGrotenhuis. Clothes Dryer Automatic Termination Sensor 
Evaluation. Volume 2: Improved Sensor and Control Designs. 2014. 
Pacific Northwest National Laboratory. Report No. PNNL-23616. http://www.pnnl.gov/main/publications/external/technical_reports/PNNL-23616.pdf.
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    In addition, EPCA requires that, not later than 6 years after the 
issuance of a final rule establishing or amending a standard, DOE 
publish a NOPR proposing new standards or a notice of determination 
that the existing standards do not need to be amended. (42 U.S.C. 
6295(m)(1)). Any test procedure amendments developed as part of the 
test procedure rulemaking initiated by today's notice may be considered 
in the next energy conservation standards rulemaking for residential 
clothes dryers.

Public Participation

    DOE will hold a public meeting for interested parties to discuss 
issues related to the clothes dryer test procedure, including test load 
composition, test load size, test cycle settings, and any other issues 
related to developing a test method for measuring energy use during a 
representative average use cycle and to gather data from the public on 
these issues. During the meeting, DOE expects to present its latest 
available test data concerning automatic cycle termination and 
different test loads, and to invite discussion among interested parties 
on modifications to the test procedure to produce more representative 
test results while not being unduly burdensome to conduct. All of the 
feedback and data gathered during the public meeting will be used in 
consideration of any amendments to the DOE clothes dryer test 
procedure.
    The public meeting will be conducted in an informal, facilitated, 
conference style. There shall be no discussion of proprietary 
information, costs or prices, market shares, or other commercial 
matters regulated by U.S. antitrust laws. A court reporter will record 
the proceedings of the public meeting, after which a transcript will be 
available for purchase from the court reporter and placed on the DOE 
Web site at: http://

[[Page 63338]]

www1.eere.energy.gov/buildings/appliance_standards/product.aspx/
productid/36.
    Please note that foreign nationals participating in the public 
meeting are subject to advance security screening procedures which 
require advance notice prior to attendance at the public meeting. If a 
foreign national wishes to participate in the public meeting, please 
inform DOE of this fact as soon as possible by contacting Ms. Regina 
Washington at (202) 586-1214 or by email: <a href="/cdn-cgi/l/email-protection#590b3c3e303738770e382a3130373e2d3637193c3c773d363c773e362f"><span class="__cf_email__" data-cfemail="e7b582808e8986c9b086948f8e8980938889a78282c9838882c9808891">[email protected]</span></a> 
so that the necessary procedures can be completed.
    DOE requires visitors with laptop computers and other devices, such 
as tablets, to be checked upon entry into the building. Any person 
wishing to bring these devices into the Forrestal Building will be 
required to obtain a property pass. Visitors should avoid bringing 
these devices, or allow an extra 45 minutes to check in. Please report 
to the visitor's desk to have devices checked before proceeding through 
security.
    Due to the REAL ID Act implemented by the Department of Homeland 
Security (DHS), there have been recent changes regarding ID 
requirements for individuals wishing to enter Federal buildings from 
specific states and U.S. territories. Driver's licenses from the 
following states or territory will not be accepted for building entry 
and one of the alternate forms of ID listed below will be required. DHS 
has determined that regular driver's licenses (and ID cards) from the 
following jurisdictions are not acceptable for entry into DOE 
facilities: Alaska, American Samoa, Arizona, Louisiana, Maine, 
Massachusetts, Minnesota, New York, Oklahoma, and Washington. 
Acceptable alternate forms of Photo-ID include: U.S. Passport or 
Passport Card; an Enhanced Driver's License or Enhanced ID-Card issued 
by the states of Minnesota, New York or Washington (Enhanced licenses 
issued by these states are clearly marked Enhanced or Enhanced Driver's 
License); a military ID or other Federal government issued Photo-ID 
card.
    DOE will accept comments, data, and information regarding this 
proposed rule before or after the public meeting, but no later than the 
date provided in the DATES section at the beginning of this proposed 
rule. Interested parties may submit comments, data, and other 
information using any of the methods described in the ADDRESSES section 
at the beginning of this notice.
    Submitting comments via regulations.gov. The regulations.gov Web 
page will require you to provide your name and contact information. 
Your contact information will be viewable to DOE Building Technologies 
staff only. Your contact information will not be publicly viewable 
except for your first and last names, organization name (if any), and 
submitter representative name (if any). If your comment is not 
processed properly because of technical difficulties, DOE will use this 
information to contact you. If DOE cannot read your comment due to 
technical difficulties and cannot contact you for clarification, DOE 
may not be able to consider your comment.
    However, your contact information will be publicly viewable if you 
include it in the comment itself or in any documents attached to your 
comment. Any information that you do not want to be publicly viewable 
should not be included in your comment, nor in any document attached to 
your comment. Otherwise, persons viewing comments will see only first 
and last names, organization names, correspondence containing comments, 
and any documents submitted with the comments.
    Do not submit to regulations.gov information for which disclosure 
is restricted by statute, such as trade secrets and commercial or 
financial information (hereinafter referred to as Confidential Business 
Information (CBI)). Comments submitted through regulations.gov cannot 
be claimed as CBI. Comments received through the Web site will waive 
any CBI claims for the information submitted. For information on 
submitting CBI, see the Confidential Business Information section 
below.
    DOE processes submissions made through regulations.gov before 
posting. Normally, comments will be posted within a few days of being 
submitted. However, if large volumes of comments are being processed 
simultaneously, your comment may not be viewable for up to several 
weeks. Please keep the comment tracking number that regulations.gov 
provides after you have successfully uploaded your comment.
    Submitting comments via email, hand delivery/courier, or mail. 
Comments and documents submitted via email, hand delivery, or mail also 
will be posted to regulations.gov. If you do not want your personal 
contact information to be publicly viewable, do not include it in your 
comment or any accompanying documents. Instead, provide your contact 
information in a cover letter. Include your first and last names, email 
address, telephone number, and optional mailing address. The cover 
letter will not be publicly viewable as long as it does not include any 
comments
    Include contact information each time you submit comments, data, 
documents, and other information to DOE. If you submit via mail or hand 
delivery/courier, please provide all items on a CD, if feasible. It is 
not necessary to submit printed copies. No facsimiles (faxes) will be 
accepted.
    Comments, data, and other information submitted to DOE 
electronically should be provided in PDF (preferred), Microsoft Word or 
Excel, WordPerfect, or text (ASCII) file format. Provide documents that 
are not secured, that are written in English, and that are free of any 
defects or viruses. Documents should not contain special characters or 
any form of encryption and, if possible, they should carry the 
electronic signature of the author.
    Campaign form letters. Please submit campaign form letters by the 
originating organization in batches of between 50 to 500 form letters 
per PDF or as one form letter with a list of supporters' names compiled 
into one or more PDFs. This reduces comment processing and posting 
time.
    Confidential Business Information. According to 10 CFR 1004.11, any 
person submitting information that he or she believes to be 
confidential and exempt by law from public disclosure should submit via 
email, postal mail, or hand delivery/courier two well-marked copies: 
One copy of the document marked confidential including all the 
information believed to be confidential, and one copy of the document 
marked non-confidential with the information believed to be 
confidential deleted. Submit these documents via email or on a CD, if 
feasible. DOE will make its own determination about the confidential 
status of the information and treat it according to its determination.
    Factors of interest to DOE when evaluating requests to treat 
submitted information as confidential include: (1) A description of the 
items; (2) whether and why such items are customarily treated as 
confidential within the industry; (3) whether the information is 
generally known by or available from other sources; (4) whether the 
information has previously been made available to others without 
obligation concerning its confidentiality; (5) an explanation of the 
competitive injury to the submitting person which would result from 
public disclosure; (6) when such information might lose its 
confidential character due to the passage of time; and (7) why 
disclosure of the information would be contrary to the public interest.
    It is DOE's policy that all comments may be included in the public 
docket, without change and as received,

[[Page 63339]]

including any personal information provided in the comments (except 
information deemed to be exempt from public disclosure).

    Issued in Washington, DC, on October 16, 2014.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.
[FR Doc. 2014-25244 Filed 10-22-14; 8:45 am]
BILLING CODE 6450-01-P


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