[Federal Register Volume 73, Number 237 (Tuesday, December 9, 2008)]
[Proposed Rules]
[Pages 74639-74658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-28952]


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DEPARTMENT OF ENERGY

10 CFR Part 430

[Docket No. EERE-2008-BT-TP-0010]
RIN 1904-AB76


Energy Conservation Program for Consumer Products: Test 
Procedures for Clothes Dryers and Room Air Conditioners

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

ACTION: Notice of proposed rulemaking and notice of public meeting.

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SUMMARY: In order to implement recent amendments to the Energy Policy 
and Conservation Act (EPCA), the U.S. Department of Energy (DOE) 
proposes to amend its test procedures for residential clothes dryers 
and room air conditioners to provide for measurement of standby mode 
and off mode power use by these products. The amendments would 
incorporate into the DOE test procedures relevant provisions from the 
International Electrotechnical Commission's (IEC) Standard 62301, 
``Household electrical appliances--Measurement of standby power'' 
(First Edition 2005-06), as well as language to clarify application of 
these provisions specifically for measuring standby mode and off mode 
power consumption in clothes dryers and room air conditioners. DOE will 
hold a public meeting to discuss and receive comments on the issues 
presented in this notice.

DATES: DOE will accept comments, data, and information regarding the 
notice of

[[Page 74640]]

proposed rulemaking (NOPR) before and after the public meeting, but no 
later than February 23, 2009. See section V, ``Public Participation,'' 
of this NOPR for details.
    DOE will hold a public meeting on Wednesday, December 17, 2008, 
from 9 a.m. to 4 p.m., in Washington, DC. DOE must receive requests to 
speak at the public meeting before 4 p.m., Wednesday, December 10, 
2008. DOE must receive a signed original and an electronic copy of 
statements to be given at the public meeting before 4 p.m., Wednesday, 
December 10, 2008.

ADDRESSES: The public meeting will be held at the U.S. Department of 
Energy, Forrestal Building, Room 8E-089, 1000 Independence Avenue, SW., 
Washington, DC 20585-0121. To attend the public meeting, please notify 
Ms. Brenda Edwards at (202) 586-2945. (Please note that foreign 
nationals visiting DOE Headquarters are subject to advance security 
screening procedures. Any foreign national wishing to participate in 
the public meeting should advise DOE as soon as possible by contacting 
Ms. Edwards to initiate the necessary procedures.)
    Any comments submitted must identify the NOPR on Test Procedures 
for Clothes Dryers and Room Air Conditioners, and provide the docket 
number EERE-2008-BT-TP-0010 and/or Regulatory Information Number (RIN) 
1904-AB76. Comments may be submitted using any of the following 
methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the instructions for submitting comments.
    2. E-mail: [email protected]. Include docket number 
EERE-2008-BT-TP-0010 and/or RIN 1904-AB76 in the subject line of the 
message.
    3. Mail: Ms. Brenda Edwards, U.S. Department of Energy, Building 
Technologies Program, Mailstop EE-2J, 1000 Independence Avenue, SW., 
Washington, DC 20585-0121. Please submit one signed paper original.
    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. Please submit one 
signed paper original.
    For detailed instructions on submitting comments and additional 
information on the rulemaking process, see section V, ``Public 
Participation,'' of this document.
    Docket: For access to the docket to read background documents or 
comments received, visit the U.S. Department of Energy, Resource Room 
of the Building Technologies Program, 950 L'Enfant Plaza, SW., Suite 
600, Washington, DC 20024, (202) 586-2945, between 9 a.m. and 4 p.m., 
Monday through Friday, except Federal holidays. Please call Ms. Brenda 
Edwards at the above telephone number for additional information about 
visiting the Resource Room.

FOR FURTHER INFORMATION CONTACT: Mr. Stephen Witkowski, 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) 586-7463. E-mail: 
[email protected].
    Mr. Eric Stas, U.S. Department of Energy, Office of the General 
Counsel, GC-72, 1000 Independence Avenue, SW., Washington, DC 20585-
0121. Telephone: (202) 586-9507. E-mail: [email protected].
    For information on how to submit or review public comments and on 
how to participate in the public meeting, contact Ms. Brenda Edwards, 
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) 586-2945. E-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Background and Authority
II. Summary of the Proposal
III. Discussion
    A. Products Covered by the Test Procedure Changes
    B. Effective Date for the Amended Test Procedures
    C. Incorporating by Reference IEC Standard 62301 (First Edition, 
2005-06) for Measuring Standby Mode and Off Mode Power in Clothes 
Dryers and Room Air Conditioners
    D. Determination of Modes To Be Incorporated
    1. Clothes Dryer Mode Definitions
    2. Room Air Conditioner Mode Definitions
    E. Adding Specifications for the Test Methods and Measurements 
for Clothes Dryer and Room Air Conditioner Standby Mode and Off Mode 
Testing
    1. Clothes Dryers
    2. Room Air Conditioners
    F. Calculation of Energy Use Associated With Standby Modes and 
Off Mode
    1. Clothes Dryers
    2. Room Air Conditioners
    G. Measures of Energy Consumption
    1. Clothes Dryers
    2. Room Air Conditioners
    H. Correction of Text Describing Energy Factor Calculation for 
Clothes Dryers
    I. Correction of Text Reference to Room Air Conditioner Test 
Standard
    J. Compliance With Other EPCA Requirements
    1. Test Burden
    2. Potential Incorporation of IEC Standard 62087
    3. Integration of Standby Mode and Off Mode Energy Consumption 
Into the Energy Efficiency Metrics
IV. Procedural Requirements
    A. Review Under Executive Order 12866
    B. Review Under the Regulatory Flexibility Act
    C. Review Under the Paperwork Reduction Act of 1995
    D. Review Under the National Environmental Policy Act of 1969
    E. Review Under Executive Order 13132
    F. Review Under Executive Order 12988
    G. Review Under the Unfunded Mandates Reform Act of 1995
    H. Review Under the Treasury and General Government 
Appropriations Act, 1999
    I. Review Under Executive Order 12630
    J. Review Under the Treasury and General Government 
Appropriations Act, 2001
    K. Review Under Executive Order 13211
    L. Review Under Section 32 of the Federal Energy Administration 
Act of 1974
V. Public Participation
    A. Attendance at the Public Meeting
    B. Procedure for Submitting Requests To Speak
    C. Conduct of Public Meeting
    D. Submission of Comments
    E. Issues on Which DOE Seeks Comment
    1. Incorporation of IEC Standard 62301
    2. Standby Mode Definitions
    3. Clothes Dryer Standby Modes
    4. Room Air Conditioner Standby Modes
    5. Delay Start Test Procedure
    6. Test Room Conditions
    7. Energy Use Calculation for Standby and Off Modes for Clothes 
Dryers
    8. Energy Use Calculation for Standby and Off Modes for Room Air 
Conditioners
    9. New Integrated Measures of Energy Consumption and Energy 
Efficiency
VI. Approval of the Office of the Secretary

I. Background and Authority

    Title III of the Energy Policy and Conservation Act (42 U.S.C. 
6291, et seq.; ``EPCA'' or, in context, ``the Act'') sets forth a 
variety of provisions designed to improve energy efficiency. Part A of 
Title III (42 U.S.C. 6291-6309) establishes the ``Energy Conservation 
Program for Consumer Products Other Than Automobiles,'' including 
clothes dryers and room air conditioners (all of which are referred to 
below as ``covered products'').\1\ (42 U.S.C. 6291(1)-(2) and 
6292(a)(2) and (8))
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    \1\ All references to EPCA refer to the statute as amended 
including through the Energy Independence and Security Act of 2007, 
Public Law 110-140.
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    Under the Act, this program consists essentially of three parts: 
(1) Testing; (2) labeling; and (3) Federal energy conservation 
standards. The testing requirements consist of test procedures that, 
pursuant to EPCA, manufacturers

[[Page 74641]]

of covered products must use as the basis for certifying to DOE that 
their products comply with applicable energy conservation standards 
adopted under EPCA and for representations about the efficiency of 
those products. Similarly, DOE must use these test requirements to 
determine whether the products comply with EPCA standards. Under 42 
U.S.C. 6293, EPCA sets forth criteria and procedures for DOE's adoption 
and amendment of such test procedures. EPCA provides that ``[a]ny test 
procedures prescribed or amended under this section shall be reasonably 
designed to produce test results which measure energy efficiency, 
energy use * * * or estimated annual operating cost of a covered 
product during a representative average use cycle or period of use, as 
determined by the Secretary [of Energy], 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 thereon, with a comment period no 
less than 60 days and not to exceed 270 days. (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)) 
If DOE determines that the amended test procedure would alter the 
measured efficiency of a covered product, DOE must amend the applicable 
energy conservation standard accordingly. (42 U.S.C. 6293(e)(2))
    DOE's test procedures for clothes dryers are found at 10 CFR part 
430, subpart B, appendix D. DOE established its test procedure for 
clothes dryers in a final rule published in the Federal Register on May 
19, 1981. 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'' \2\ state.
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    \2\ ``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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    DOE's test procedures for room air conditioners are found at 10 CFR 
part 430, subpart B, appendix F. DOE established its room air 
conditioner test procedure on June 1, 1977, and redesignated and 
amended it on June 29, 1979. 42 FR 27898; 44 FR 37938. The existing 
room air conditioner test procedure incorporates by reference two 
industry test standards: (1) American National Standard (ANS) (since 
renamed American National Standards Institute (ANSI)) Z234.1-1972, 
``Room Air Conditioners;'' \3\ and (2) American Society of Heating, 
Refrigerating, and Air-Conditioning Engineers (ASHRAE) Standard 16-69, 
``Method of Testing for Rating Room Air Conditioners.'' \4\ The DOE 
test procedure includes provisions for determining the energy 
efficiency ratio (EER) of room air conditioners, which is the ratio of 
the cooling capacity in British thermal units (Btu) to the power input 
in watts (W).
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    \3\ ANSI standards are available for purchase at http://www.ansi.org.
    \4\ ASHRAE standards are available for purchase at http://www.ashrae.org.
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    As currently drafted, the test procedures for the products at issue 
in this rulemaking generally do not account for standby mode and off 
mode energy consumption, except in one narrow product class. 
Specifically, for gas dryers with continuously burning pilot lights, 
DOE's current test procedure for clothes dryers addresses the standby 
energy use of such pilot lights, but otherwise, neither this test 
procedure nor DOE's test procedure for room air conditioners addresses 
energy use in the standby or off modes.
    The Energy Independence and Security Act of 2007 \5\ (EISA 2007) 
amended EPCA, and in relevant part, directs DOE to amend its test 
procedures to include measures of standby mode and off mode energy 
consumption. The EISA 2007 amendments to EPCA further direct DOE to 
amend the test procedures to integrate such energy consumption into a 
single energy descriptor for that product. If that is technically 
infeasible, DOE must prescribe a separate standby mode and off mode 
energy use test procedure, if technically feasible. (42 U.S.C. 
6295(gg)(2)(A)) Any such amendment must consider the most current 
versions of the International Electrotechnical Commission (IEC) 
Standard 62301 and IEC Standard 62087 [``Methods of measurement for the 
power consumption of audio, video, and related equipment'' (Second 
Edition, 2008-09)].\6\ Id. For clothes dryers and room air 
conditioners, DOE must prescribe any such amendment to the test 
procedures by March 31, 2009. (42 U.S.C. 6295(gg)(2)(B)(ii))
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    \5\ Public Law 110-140 (enacted Dec. 19, 2007).
    \6\ IEC standards are available for purchase at: http://www.iec.ch.
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    On October 9, 2007, DOE published a notice in the Federal Register 
announcing the availability of a framework document to initiate 
rulemaking to consider amended energy conservation standards for 
residential clothes dryers and room air conditioners (hereafter the 
October 2007 Framework Document). 72 FR 57254. The issuance of a 
framework document is the first step in conducting an appliance 
standards rulemaking. In the October 2007 Framework Document, DOE 
identified specific ways in which it could revise its test procedures 
for these two products and requested stakeholder comment on whether it 
should adopt such revisions. Specifically, DOE sought comment on 
potential amendments to the clothes dryer test procedure to: (1) 
Reflect lower remaining moisture content in clothes loads; (2) account 
for fewer use cycles; and (3) add the capability to test vent-less 
clothes dryers. (Framework Document, No. 1 at pp. 4-6) \7\ For room air 
conditioners, DOE requested input on potential amendments to the test 
procedure to: (1) Incorporate the most recent ANSI and ASHRAE test 
standards; (2) reduce the annual operating hours; and (3) measure part-
load performance. (Framework Document, No. 1 at pp. 6-7)
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    \7\ A notation in this form provides a reference for information 
that is in the docket of DOE's rulemaking to develop standards for 
clothes dryers and room air conditioners (Docket No. EERE-2007-BT-
STD-0010), which is maintained in the Resource Room of the Building 
Technologies Program. This notation indicates that the statement 
preceding the reference was made in DOE's Framework Document, which 
is document number 1 in the docket, and appears at pages 4-6 of that 
document.
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    Because the October 2007 Framework Document was issued before the 
enactment of EISA 2007, these potential revisions did not address 
standby mode or off mode energy use. DOE is continuing to consider all 
such potential revisions, but in this rulemaking, DOE's proposal is 
limited to amending its test procedures for clothes dryers and room air 
conditioners to include methods for measuring standby mode and off mode 
power consumption, thereby allowing the agency to meet the EISA 2007 
deadline of March 31, 2009 for adopting such amendments. DOE plans to 
publish a separate Federal Register notice to address the balance of 
the test procedure issues, including those on which it requested 
comment in the October 2007 Framework Document.
    Both test procedure rulemakings are anticipated to support a 
concurrent energy conservation standards rulemaking for residential 
clothes dryers

[[Page 74642]]

and room air conditioners. For clothes dryers, the National Appliance 
Energy Conservation Act of 1987 (NAECA), Public Law 100-12, amended 
EPCA to establish prescriptive standards for clothes dryers, requiring 
that gas dryers manufactured on or after January 1, 1988 not be 
equipped with a constant burning pilot and further requiring that DOE 
conduct two cycles of rulemakings to determine if more stringent 
standards are justified. (42 U.S.C. 6295(g)(3) and (4)) On May 14, 
1991, DOE published a final rule in the Federal Register establishing 
the first set of performance standards for residential clothes dryers 
(56 FR 22250); the new standards became effective on May 14, 1994. 10 
CFR 430.32(h). DOE initiated a second standards rulemaking for 
residential clothes dryers by publishing an advance notice of proposed 
rulemaking (ANOPR) in the Federal Register on November 14, 1994. 59 FR 
56423. However, pursuant to the priority-setting process outlined in 
DOE's ``Procedures for Consideration of New or Revised Energy 
Conservation Standards for Consumer Products'' (the ``Process 
Rule''),\8\ DOE classified the clothes dryer standards rulemaking as a 
low priority for its fiscal year 1998 priority-setting process. As a 
result, DOE suspended the standards rulemaking activities for them. DOE 
has since resumed the rulemaking activities, and has recently initiated 
the second cycle of clothes dryer standards rulemakings. 72 FR 57254 
(October 9, 2007).
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    \8\ 61 FR 36974 (July 15, 1996) (establishing 10 CFR part 430, 
subpart C, appendix A).
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    NAECA established performance standards for room air conditioners 
that became effective on January 1, 1990, and directed DOE to conduct 
two cycles of rulemakings to determine if more stringent standards are 
justified. (42 U.S.C. 6295(c)(1) and (2)) On March 4, 1994, DOE 
published a NOPR for several products, including room air conditioners. 
59 FR 10464. As a result of the Process Rule, DOE suspended activities 
to finalize standards for room air conditioners. DOE subsequently 
resumed rulemaking activities related to room air conditioners, and on 
September 24, 1997, DOE published a final rule establishing an updated 
set of performance standards, with an effective date of October 1, 
2000. 62 FR 50122; 10 CFR 40.32(b). Concurrent with the clothes dryer 
rulemaking, DOE has recently initiated the second cycle of room air 
conditioner standards rulemakings. 72 FR 57254.
    EISA 2007 includes amendments to EPCA that direct DOE to 
incorporate standby and off mode energy use into any final rule 
establishing or revising a standard for a covered product adopted after 
July 1, 2010. (42 U.S.C. 6295(gg)(3)) DOE anticipates publishing the 
next final rule revising efficiency standards for clothes dryers and 
room air conditioners by June 30, 2011. Because publication of the 
final rule revising efficiency standards will fall after July 1, 2010 
(the date after which any final rule establishing or revising a 
standard must incorporate standby and off mode energy use), this final 
rule must incorporate standby and off mode energy use, thereby 
necessitating the adoption of relevant standby and off mode provisions 
into the test procedures for these products.

II. Summary of the Proposal

    In today's NOPR, DOE proposes to amend the test procedures for 
clothes dryers and room air conditioners in order to: (1) Provide a 
foundation for DOE to develop and implement energy conservation 
standards that address the energy use of these products when in standby 
mode and off mode; and (2) address the statutory requirement to expand 
test procedures to incorporate measures of standby mode and off mode 
power consumption. The following paragraphs summarize these proposed 
changes.
    In amending the current test procedures, DOE proposes to 
incorporate by reference into both the clothes dryer and room air 
conditioner test procedures specific clauses from IEC Standard 62301, 
``Household electrical appliances--measurement of standby power'' 
(First Edition, 2005-06) regarding test conditions and test procedures 
for measuring standby mode and off mode power consumption. DOE also 
proposes to incorporate into each test procedure the definitions of 
``active mode,'' ``standby mode,'' and ``off mode'' that are set forth 
in section 325(gg)(1)(A) of EPCA. (42 U.S.C. 6295(gg)(1)(A)) Further, 
DOE proposes to include in each test procedure additional language that 
would clarify the application of clauses from IEC Standard 62301 for 
measuring standby mode and off mode power consumption.\9\
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    \9\ EISA 2007 directs DOE to also consider IEC Standard 62087 
when amending its test procedure to include standby mode and off 
mode energy consumption. See 42 U.S.C. 6295(gg)(2)(A). However, IEC 
Standard 62087 addresses the methods of measuring the power 
consumption of audio, video, and related equipment. As explained 
subsequently in this notice, the narrow scope of this particular IEC 
Standard reduces its relevance to today's proposal.
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    For clothes dryers, DOE is proposing definitions for different 
standby modes--a general ``inactive'' mode, a ``cycle finished'' mode, 
and a ``delay start'' mode--each of which would be separately tested 
under the procedure, along with energy use in the off mode. 
Furthermore, DOE proposes to clarify testing in the delay start mode by 
requiring that the delay time be set at 5 hours and that the test be 
conducted for 60 minutes, after waiting at least 5 minutes for power 
input to stabilize. Finally, DOE proposes to establish new methods to 
calculate clothes dryer energy use and energy efficiency that include 
the energy used in the standby modes and the off mode.
    For room air conditioners, DOE proposes definitions for different 
standby modes--a general ``inactive'' mode, a ``delay start'' mode, and 
an ``off-cycle'' mode--each of which would be separately tested under 
the procedure, along with energy use in the off mode. DOE also proposes 
to specify the test duration for cases in which the measured power is 
unstable (i.e., varies more than 5 percent during a 5-minute period), 
and proposes that standby mode and off mode testing be conducted with 
roomside air temperature at 74  2 degrees Fahrenheit 
([deg]F) to reflect typical operating conditions for room air 
conditioners. In addition, DOE proposes to specify that, during standby 
mode and off mode testing for which setting the thermostat or 
temperature setpoint \10\ is applicable, the setpoint for the room air 
conditioner is to be set at 79 [deg]F, in order to provide uniform 
testing conditions. Finally, DOE proposes to establish new methods to 
calculate energy use and energy efficiency, which include energy use in 
the standby modes and the off mode.
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    \10\ The term ``setpoint'' refers to the desired value in a 
closed-loop feedback system and is typically used in the context of 
regulating temperature or pressure.
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    Under 42 U.S.C. 6295(gg)(2)(C), EPCA provides that amendments to 
the test procedures to include standby mode and off mode energy 
consumption will not determine compliance with previously established 
standards. (U.S.C. 6295(gg)(2)(C)) Because the proposed amended test 
procedures would not alter existing measures of energy consumption or 
efficiency, today's notice would not affect a manufacturer's ability to 
demonstrate compliance with previously established standards. These 
amended test procedures would become effective, in terms of adoption 
into the CFR, 30 days after the date of publication in the Federal 
Register of the final rule in this test procedures rulemaking. However, 
DOE's amended test procedure regulations codified in the CFR would

[[Page 74643]]

clarify that the procedures and calculations for standby mode and off 
mode energy consumption need not be performed to determine compliance 
with the current energy conservation standards for clothes dryers and 
room air conditioners, because the current energy conservation 
standards do not account for standby and off mode power consumption. 
Instead, manufacturers would be required to use the test procedures' 
standby and off mode provisions to demonstrate compliance with DOE's 
energy conservation standards on the effective date of a final rule 
establishing amended energy conservation standards for these products 
that address standby and off mode power consumption.

III. Discussion

A. Products Covered by the Test Procedure Changes

    Today's proposed amendments to DOE's clothes dryer test procedure 
cover both electric and gas clothes dryers, which DOE's regulations 
define as:
    Electric clothes dryer means a cabinet-like appliance designed to 
dry fabrics in a tumble-type drum with forced air circulation. The heat 
source is electricity and the drum and blower(s) are driven by an 
electric motor(s).
    Gas clothes dryers means a cabinet-like appliance designed to dry 
fabrics in a tumble-type drum with forced air circulation. The heat 
source is gas and the drum and blower(s) are driven by an electric 
motor(s).

10 CFR 430.2

    These definitions and the proposed amendments thereto cover both 
vented and vent-less clothes dryers, as well as combination washer/
dryers.
    Today's proposed amendments to DOE's room air conditioner test 
procedure cover products that meet the following definition from DOE's 
regulations:
    Room air conditioner means a consumer product, other than a 
``packaged terminal air conditioner,'' which is powered by a single 
phase electric current and which is an encased assembly designed as a 
unit for mounting in a window or through the wall for the purpose of 
providing delivery of conditioned air to an enclosed space. It includes 
a prime source of refrigeration and may include a means for ventilating 
and heating.

10 CFR 430.2

    This definition and the proposed amendments thereto cover room air 
conditioners designed for single- or double-hung windows with or 
without louvered sides and with or without reverse cycle, as well as 
casement-slider and casement-only window-type room air conditioners.

B. Effective Date for the Amended Test Procedures

    As indicated above, EPCA requires DOE to amend the test procedures 
for clothes dryers and room air conditioners to incorporate measurement 
of standby mode and off mode energy use in a final rule issued no later 
than March 31, 2009. Such action is necessary to permit manufacturers 
to certify that equipment complies with any newly established energy 
conservation standards that take into account standby and off mode 
energy use. When DOE is developing energy conservation standards and 
determines that test procedure amendments are required, DOE strives to 
issue a final rule amending the test procedure before issuing a 
proposed rule for energy conservation standards. The effective date of 
the modified clothes dryer and room air conditioner test procedures 
would be 30 days after the date of publication in the Federal Register 
of a final rule in this test procedures rulemaking. However, DOE's 
amended test procedure regulations codified in the CFR would clarify 
that the procedures and calculations for standby mode and off mode 
energy consumption need not be performed to determine compliance with 
the current energy conservation standards for clothes dryers and room 
air conditioners, because the current energy conservation standards do 
not account for standby and off mode power consumption.\11\ The 
proposed notes regarding the applicability of the test procedure 
provisions on standby mode and off mode energy use in Appendix D 
(clothes dryers) and Appendix F (room air conditioners) will be removed 
in subsequent notices of final rulemaking that amend the energy 
conservation standards for these products.
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    \11\ Pursuant to a court consent decree, DOE must complete a 
standards rulemaking for residential clothes dryers and room air 
conditioners by June 30, 2011. As part of the rulemaking considering 
amended energy conservation standards for these products, DOE will 
also address the issue of standby and off mode power consumption. If 
adopted, such standards would be effective in June 2014, at which 
time the standby and off mode provisions of the test procedures 
would become mandatory for determining compliance with the amended 
energy conservation standards.
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C. Incorporating by Reference IEC Standard 62301 (First Edition, 2005-
06) for Measuring Standby Mode and Off Mode Power in Clothes Dryers and 
Room Air Conditioners

    Per EPCA, DOE considered the most current versions of IEC Standard 
62301 and IEC Standard 62087 for measuring power consumption in standby 
mode and off mode. (42 U.S.C. 6295(gg)(2)(A)) DOE noted that IEC 
Standard 62301 provides for measuring standby power in electrical 
appliances, including clothes dryers and room air conditioners, and, 
thus, is applicable to the proposed amendments to the clothes dryer and 
room air conditioner test procedures. DOE also reviewed IEC Standard 
62087, which specifies methods of measuring the power consumption of TV 
receivers, video cassette recorders (VCRs), set top boxes, audio 
equipment, and multi-function equipment for consumer use. IEC Standard 
62087 does not, however, include measurement for the power consumption 
of electrical appliances such as clothes dryers and room air 
conditioners. Therefore, DOE determined that IEC Standard 62087 was 
unsuitable for the proposed amendments to the clothes dryer and room 
air conditioner test procedures.
    DOE proposes to incorporate by reference into the DOE test 
procedures for clothes dryers and room air conditioners specific 
clauses from IEC Standard 62301 for measuring standby mode and off mode 
power. Specifically, these clauses provide test conditions and test 
procedures for measuring the average standby mode and average off mode 
power consumption. Regarding testing conditions, section 4 of IEC 
Standard 62301 provides conditions for the supply voltage, frequency, 
and voltage waveform, and power measurement meter tolerances to provide 
for repeatable and precise measurements of standby mode and off mode 
power consumption. Section 5 of IEC Standard 62301 regarding test 
procedures provides a method for measuring power consumption when the 
power measurement is stable, as well as a method of measuring when the 
power measurement is unstable.
    Other provisions of IEC Standard 62301 are not applicable to 
measuring standby mode and off mode power testing of clothes dryers and 
room air conditioners. Hence, not all provisions of IEC Standard 62301 
are incorporated by reference into the DOE test procedures. For 
example, IEC Standard 62301 provides general conditions for power 
supply voltage and frequency, which the current DOE test procedure

[[Page 74644]]

for clothes dryers already addresses. IEC Standard 62301 also provides 
requirements for information to be recorded in a test report, which are 
beyond the scope of DOE's test procedure. Consequently, only the 
applicable sections and clauses (as stated above) are incorporated by 
reference in today's proposed rule.
    Specifically, DOE proposes to incorporate by reference in the DOE 
test procedure for clothes dryers the following sections from IEC 
Standard 62301: From section 4 (``General conditions for 
measurements''), paragraph 4.2, ``Test room,'' paragraph 4.4, ``Supply 
voltage waveform,'' and paragraph 4.5, ``Power measurement accuracy;'' 
and section 5 (``Measurements''), paragraph 5.1, ``General'' and 
paragraph 5.3, ``Procedure.'' DOE proposes to reference these same 
provisions in the DOE test procedure for room air conditioners, as well 
as section 4, paragraph 4.3, ``Power supply.''
    The EPCA requirement to consider IEC Standard 62301 in developing 
modified test procedures for clothes dryers and room air conditioners 
presents a potential conflict in defining ``standby mode.'' EPCA 
defines ``standby mode'' as the condition in which a product is 
connected to a main power source and offers one or more of the 
following user-oriented or protective functions: (1) To facilitate the 
activation or deactivation of other functions (including active mode) 
by remote switch (including remote control), internal sensor, or timer; 
and/or (2) to provide continuous functions, including information or 
status displays (including clocks) or sensor-based functions. (42 
U.S.C. 6295(gg)(1)(A)(iii)). In contrast, paragraph 3.1 of the current 
version of IEC Standard 62301 defines ``standby mode'' as the ``lowest 
power consumption mode which cannot be switched off (influenced) by the 
user and that may persist for an indefinite time when an appliance is 
connected to the main electricity supply and used in accordance with 
the manufacturer's instructions.'' In addition, prior to EISA 2007, DOE 
adopted a definition for ``standby mode'' nearly identical to that of 
IEC Standard 62301 in the dishwasher test procedure, in which ``standby 
mode'' ``means the lowest power consumption mode which cannot be 
switched off or influenced by the user and that may persist for an 
indefinite time when an appliance is connected to the main electricity 
supply and used in accordance with the manufacturer's instructions.'' 
(10 CFR part 430, subpart B, appendix C, section 1.14). DOE welcomes 
comment on the appropriate approach for resolving these inconsistencies 
between EPCA, the IEC Standard 62301 which EPCA references, and the 
precedent set by the dishwasher test procedure. While EPCA specifies 
that DOE may consider the definition for ``standby mode'' provided in 
the most current version of IEC Standard 62301 in updating its test 
procedure, DOE proposes to adopt the broader, statutory definition of 
``standby mode'' provided in EPCA for reasons of greater specificity 
and clarity, and to include that definition in the test procedures for 
clothes dryers and room air conditioners.
    Further, the agency notes that, while section 325(gg)(2)(A) of EPCA 
(42 U.S.C. 6295(gg)(2)(A)) requires that the amended test procedures 
consider the most current version of IEC Standard 62301, the IEC is 
developing an updated version of this standard, IEC Standard 62301 
(Second Edition). This updated version of IEC Standard 62301 is 
expected to include definitions of ``off mode,'' ``network-connected 
standby mode,'' and ``disconnected mode,'' and would also revise the 
current IEC Standard 62301 definition of ``standby mode.'' However, 
because the IEC anticipates that this new version of Standard 62301 
will likely be published in July 2009, this later version of the 
standard will be unavailable in time for DOE to consider it and to 
still meet the EISA 2007 deadline for issuance of a final rule amending 
the relevant test procedure to include measures of standby mode and off 
mode energy consumption by March 31, 2009. See 42 U.S.C. 
6295(gg)(2)(B)(ii). Hence, the First Edition 2005-06 of IEC Standard 
62301 will be the ``current version'' at the time of publication of the 
final rule, so consideration thereof will comply with EPCA. 
Accordingly, DOE plans to use the First Edition 2005-06 of IEC Standard 
62301 in today's proposed test procedure. After the final rule is 
published, amendments to the referenced standards would be adopted by 
DOE only if the agency later incorporates them into its procedures.
    In reviewing alternative standby power test procedures for 
potential amendments to the DOE test procedure, DOE also investigated 
both testing conditions and testing methods specified in the test 
procedures used by countries that are considered to be international 
leaders in reducing standby power consumption. These countries include 
Japan, Korea, and Australia, all of which use procedures similar to 
those of IEC Standard 62301, and/or reference that standard.

D. Determination of Modes To Be Incorporated

    As noted above, DOE proposes to incorporate into the clothes dryer 
and room air conditioner test procedure the definitions of ``active 
mode,'' ``standby mode,'' and ``off mode'' specified by EPCA. EPCA 
defines ``active mode'' as ``the condition in which an energy-using 
product--
    (I) Is connected to a main power source;
    (II) Has been activated; and
    (III) Provides 1 or more main functions.''

(42 U.S.C. 6295(gg)(1)(A)(i))

    EPCA defines ``standby mode'' as ``the condition in which an 
energy-using product--
    (I) Is connected to a main power source; and
    (II) Offers 1 or more of the following user-oriented or protective 
functions:
    (aa) To facilitate the activation or deactivation of other 
functions (including active mode) by remote switch (including remote 
control), internal sensor, or timer.
    (bb) Continuous functions, including information or status displays 
(including clocks) or sensor-based functions.''
    (42 U.S.C. 6295(gg)(1)(A)(iii)) This definition differs from the 
one provided in IEC Standard 62301 by permitting the inclusion of 
multiple standby modes.
    EPCA defines ``off mode'' as ``the condition in which an energy-
using product --
    (I) Is connected to a main power source; and
    (II) Is not providing any standby mode or active mode function.'' 
\12\
---------------------------------------------------------------------------

    \12\ DOE notes that some features that provide consumer utility, 
such as displays and remote controls, are associated with standby 
mode and not off mode. A clothes dryer or room air conditioner is 
considered to be in ``off mode'' if it is plugged in to a main power 
source, is not being used for an active function such as drying 
clothing or providing cooling, and is consuming power for features 
other than a display, controls (including a remote control), or 
sensors required to reactivate it from a low power state. For 
example, a clothes dryer with mechanical controls and no display or 
continuously-energized moisture sensor, but that consumed power for 
components such as a power supply when the unit was not activated, 
would be considered to be in off mode when not providing an active 
function. For room air conditioners, a unit with mechanical controls 
and no display or remote control but with a power supply which is 
consuming energy, for example, could be considered to be in off mode 
while not providing an active function.
---------------------------------------------------------------------------

(42 U.S.C. 6295(gg)(1)(A)(ii))

    DOE recognizes that these definitions for ``active mode,'' 
``standby mode,'' and ``off mode'' were developed to be broadly 
applicable for many energy-using products. For specific products

[[Page 74645]]

with multiple functions, these broad definitions could lead to 
unintended consequences if the meaning of ``main functions'' is 
narrowly interpreted, as illustrated by the following example:
    A ``room air conditioner,'' as defined in section III.A, provides 
delivery of conditioned air to an enclosed space. This product includes 
a prime source of refrigeration and may include a means for ventilating 
and heating. A narrow interpretation of this definition would be that 
the main function of providing delivery of conditioned air is strictly 
a cooling function. Such an interpretation would imply that delivery of 
cooled air is the only active mode under the EPCA definition, as 
amended by EISA 2007. Under such an interpretation, operation of the 
room air conditioner fan without operation of the compressor would 
likely be considered an off mode, since it does not strictly fit the 
definition of standby mode and because off mode includes all modes 
which are not standby mode or active mode.
    To address this potential problem, DOE proposes to amend to the 
clothes dryer and room air conditioner test procedures to clarify the 
range of main functions that would be classified as active mode 
functions. DOE further proposes to amend the clothes dryer and room air 
conditioner test procedures to define multiple standby modes that would 
be separately tested under the procedures. DOE welcomes comment on the 
above approach.
1. Clothes Dryer Mode Definitions
    DOE proposes the following mode definitions for clothes dryers:
    ``Active mode'' means a mode in which the clothes dryer is 
performing the main function of tumbling the clothing with or without 
heated or unheated forced air circulation to remove moisture from the 
clothing and/or remove or prevent wrinkling of the clothing;
    ``Inactive mode'' means a standby mode other than delay start mode 
or cycle finished mode that facilitates the activation of active mode 
by remote switch (including remote control), internal sensor, or timer, 
or provides continuous status display;
    ``Cycle finished mode'' means a standby mode that provides 
continuous status display following operation in active mode;
    ``Delay start mode'' means a standby mode that facilitates the 
activation of active mode by timer; and
    ``Off mode'' means a mode in which the clothes dryer is not 
performing any active or standby function.
2. Room Air Conditioner Mode Definitions
    For room air conditioners, DOE proposes the following mode 
definitions:
    ``Active mode'' means a mode in which the room air conditioner is 
performing the main function of cooling or heating the conditioned 
space, or circulating air through activation of its fan or blower, with 
or without energizing active air-cleaning components or devices such as 
ultraviolet (UV) radiation, electrostatic filters, ozone generators, or 
other air-cleaning devices;
    ``Inactive mode'' means a standby mode other than delay start mode 
or off-cycle mode that facilitates the activation of active mode by 
remote switch (including remote control) or internal sensor or provides 
continuous status display;
    ``Delay start mode'' means a standby mode in which activation of an 
active mode is facilitated by a timer;
    ``Off-cycle mode'' means a standby mode in which the room air 
conditioner: (1) Has cycled off its main function by thermostat or 
temperature sensor; (2) does not have its fan or blower operating; and 
(3) will reactivate the main function according to the thermostat or 
temperature sensor signal;
    ``Off mode'' means a mode in which a room air conditioner is not 
performing any active or standby function.
    Off-cycle mode could be considered part of an active mode in which 
a room air conditioner is cycling its compressor on and off to maintain 
an average room temperature. However, since the current test procedure 
treats the cooling mode as occuring only when the compressor is 
operating, DOE proposes the off-cycle mode to account for the time when 
the space is being conditioned and the compressor and fan are not 
operating.

E. Adding Specifications for the Test Methods and Measurements for 
Clothes Dryer and Room Air Conditioner Standby Mode and Off Mode 
Testing

    DOE is proposing test procedures for measuring all standby and off 
modes associated with clothes dryers and room air conditioners. This 
section discusses product-specific clarifications of the procedures of 
IEC Standard 62301 when used to measure standby and off mode energy use 
for clothes dryers and room air conditioners.
1. Clothes Dryers
    DOE understands that displays on clothes dryers may reduce power 
consumption by dimming after a certain period of user inactivity. For 
those clothes dryers for which the power input in inactive mode varies 
in this fashion during testing, DOE proposes that the test be conducted 
after the power level has dropped to its low level.
    DOE understands that clothes dryers with a delay start capability 
may use varying amounts of power during delay start mode depending on 
the delay time, the time displayed, and/or display indication of mode 
status. Paragraph 5.3.1 of section 5.3 ``Procedure'' of IEC Standard 
62301 instructs a test technician to ``[c]onnect the product to be 
tested to the metering equipment, and select the mode to be measured. 
After the product has been allowed to stabilize for at least 5 min., 
monitor the power consumption for not less than an additional 5 min.'' 
The lack of specificity in this language regarding the test period 
could allow a manufacturer to measure standby power consumption by 
selecting delay start times with relatively low power consumption, 
producing test results that would neither be comparable to those 
obtained using other time periods nor represent the true standby power 
consumption of its clothes dryers. Consequently, to ensure comparable 
and valid results, DOE proposes to include in the clothes dryer test 
procedure a specification for the delay start time to be set at 5 
hours, and for power to be monitored for 60 minutes after waiting at 
least 5 minutes for power input to stabilize.
    In determining the specifications for delay start parameters, DOE 
considered the possibility that display power input would depend on the 
time displayed, which is typically the time in hours remaining before 
the start. Displays may be one or two digits. Some two-digit displays 
may show whole numbers for remaining delay hours of 10 or more and both 
the ones and tenths digits for remaining delay hours of 9.9 or less. By 
analyzing the number of light emitting diodes (LEDs) activated in LED 
displays of the remaining hours over a range of delay times, DOE 
concluded that the average number of LEDs lit for the range of all 
possible delay times would be best approximated by the average LEDs lit 
for either single-digit or two-digit displays in a 60-minute test if 
the delay time is set at 5 hours. DOE also is aware that some clothes 
dryers with the delay start feature do not allow delay time greater 
than 5 hours.
    DOE proposes to adopt the test room ambient temperature specified 
by IEC Standard 62301 for standby mode and off mode testing. Under 
these conditions, the test room ambient temperature would be 73.4 
 9 [deg]F, which is slightly different from the

[[Page 74646]]

ambient temperature currently specified for DOE's drying performance 
tests of clothes dryers (75  3 [deg]F). Today's proposal, 
however, permits manufacturers who opt to test simultaneously for all 
three conditions to do so using the current ambient temperature 
requirements for drying tests, since these are within the limits 
specified by IEC Standard 62301. Alternatively, the proposed 
temperature specifications would allow a manufacturer that opts to 
conduct standby mode and off mode testing separately from drying tests 
more latitude in maintaining ambient conditions. DOE requests comment 
on the appropriateness of this proposed modified test room ambient 
temperature range.
2. Room Air Conditioners
    A given unit or model of a room air conditioner with a temperature, 
clock, or timer display may use varying amounts of standby power 
depending on the numbers being displayed. During preliminary testing 
conducted by DOE for room air conditioners (``RAC Standby Testing''), 
for a two-digit display capable of displaying temperature or delay 
start time, standby power use for different digit combinations was 
observed to vary by as much as 22 percent. (RAC Standby Testing, No. 1 
at p.1) Paragraph 5.3.1 of section 5.3 ``Procedure'' of IEC Standard 
62301 instructs a test technician to ``[c]onnect the product to be 
tested to the metering equipment, and select the mode to be measured. 
After the product has been allowed to stabilize for at least 5 min., 
monitor the power consumption for not less than an additional 5 min.'' 
As with clothes dryers, the lack of specificity in this IEC Standard 
62301 language regarding the test period or control setting could allow 
a manufacturer to measure standby power consumption by selecting 
temperatures or time periods with relatively low power consumption, 
thereby producing test results that would not be comparable to those 
obtained using other temperatures or time periods and that would not 
represent the true standby power consumption of its room air 
conditioners. In addition, different manufacturers could take different 
approaches in selecting cycles for testing.
    Another concern arises when a room air conditioner has a delay 
start mode. To ensure comparable and valid results, DOE proposes to 
include in this test procedure a separate test in the delay start mode, 
in which the unit is set to a delay start time of 5 hours and the power 
is monitored for 60 minutes after allowing the power input level to 
stabilize for at least 5 minutes. The rationale for specifying the 5-
hour delay start time and the 60-minute measurement time is the same as 
that presented above regarding selection of parameters for clothes 
dryer testing in delay start mode (i.e., the average power consumption 
of a display for these conditions would be most representative of 
average power consumption under the entire range of possible delay 
hours).
    DOE recognizes that different room air conditioners provide 
different temperature displays when operating. Some room air 
conditioners display actual room temperature, while others display 
setpoint temperature. DOE proposes to address the possibility of these 
different approaches by requiring that the test room temperature be 
maintained at 74  2 [deg]F and that the room setpoint 
temperature be set at 79 [deg]F. DOE selected this test room 
temperature, which is lower than the room air temperature which is 
specified for the existing DOE cooling performance tests (80  0.5 [deg]F), because DOE has tentatively concluded that the 
display energy consumption associated with the proposed room 
temperature range would be the most representative of an average 
display energy consumption over all reasonable room temperature 
conditions. DOE considered that a different number of LEDs may be 
energized in an LED display, depending on actual room or setpoint 
temperature. For the specified room temperature range and setpoint, the 
average power consumption for the possible combinations of LEDs 
energized would be close to the average power consumption for the full 
range of reasonable actual room and setpoint temperatures displayed 
(i.e., 70 [deg]F to 85 [deg]F). Hence, the chosen room ambient and 
setpoint temperatures would ensure that: (1) The power consumption of 
any display, whether indicating actual or setpoint temperature, 
represents an average power consumption associated with the range of 
typical user room temperatures and setpoints; and (2) the room air 
conditioner will not cycle the compressor on, since the setpoint will 
be higher than actual room ambient temperature. DOE also notes that, 
although the 80  0.5 [deg]F room air temperature specified 
by the current test procedure falls within the allowable range 
specified in IEC Standard 62301 (73.4  9 [deg]F), the 
proposed test room temperature would be more representative of 
conditions in which a room air conditioner would likely be in standby 
mode, since it is reasonable to assume the unit would be in active mode 
if the room air temperature were near 80 [deg]F. DOE requests comment 
on the appropriateness of this proposed modified test room ambient 
temperature range.
    DOE believes that IEC Standard 62301 is otherwise suitable to 
address possible variation in the power levels associated with the off 
and standby modes, requiring only appropriate lengthening of the sample 
period, averaging of the power input, and measurement of a number of 
complete cycles, if necessary, to capture cyclic power input.

F. Calculation of Energy Use Associated With Standby Modes and Off Mode

    Measurements of energy consumption associated with each standby and 
off mode for clothes dryers and room air conditioners are expressed in 
W. The total energy impact of the power expended in these modes depends 
on both the power level in W of each mode and the time spent in each 
mode. This section discusses the approach proposed for clothes dryers 
and room air conditioners for calculating energy use associated with 
standby modes and off mode and the numbers of hours proposed to be 
associated with each mode.
1. Clothes Dryers
    Energy use for clothes dryers is expressed in terms of total energy 
use per drying cycle; measurements of standby and off mode energy use 
will be expressed in this fashion as well, in order to maintain 
consistency. Energy used during a drying cycle is directly measured as 
energy use per cycle in the test procedure, although adjustments are 
made to the directly measured energy to account for differences between 
test and field conditions. The energy use associated with continuously 
burning pilot lights of gas dryers is measured and is converted to an 
energy use per cycle by dividing calculated annual gas energy use by 
the representative average number of drying cycles per year (i.e., 
416). 10 CFR part 430, subpart B, appendix D, section 4.4. This 
procedure for gas pilot lights provides an approach for calculating 
standby power consumption.
    In the existing test procedure, energy use per cycle for 
continuously burning pilot lights is calculated by multiplying the 
energy use measured for a period of one hour by an established number 
of hours per year that the dryer is not in drying mode, and dividing by 
the representative average cycles per year. The existing test procedure 
established that a gas clothes dryer is in the drying mode 140 hours 
per year, and that the

[[Page 74647]]

balance of the year (8,620 hours) is the established number of hours 
associated with the pilot light energy consumption.
    DOE proposes to adopt a similar approach for measuring energy 
consumption during standby and off modes for clothes dryers. 
Specifically, DOE proposes to adopt the current 140 hours associated 
with drying (i.e., the active mode) and to associate the remaining 
8,620 hours of the year with the standby and off modes. DOE is 
proposing this approach because it believes that the number of drying 
hours established in the existing test procedure for gas dryers is a 
reasonable representation of the active mode hours for all dryers, and 
because, to date, DOE has not identified any other reliable data 
regarding average dryer cycle times. DOE welcomes information and data 
on such average cycle times, as well as annual dryer usage.
    In order to establish the number of hours per year in each standby 
and off mode, as defined in section III.D.1, DOE investigated studies 
of dryer usage patterns and found only one study of the time spent by 
clothes dryers in different standby modes.\13\ This publication 
presents results of a household survey conducted in 2000, which 
measured standby modes for 35 clothes dryers with an average age of 11 
years. The daily time spent in each mode in this study averaged one 
quarter hour for ``drying,'' zero hours for ``delay start'' and 
``active standby'' modes, and the remaining hours split 5 percent for 
``end of program'' mode and 95 percent for off mode. The ``active 
standby mode'' of the study is equivalent to the ``inactive mode'' 
defined in section III.D.1 of this notice, and the ``end of program 
mode'' is equivalent to the ``cycle finished mode'' in section III.D.1. 
DOE has tentatively concluded from these results that clothes dryers 
spend little time in cycle finished mode and probably spend little time 
in delay start mode. The average age of the clothes dryers in the study 
suggests that most of these dryers had electromechanical rather than 
electronic controls (prevalent among dryers currently on the market), 
indicating that the dryers in the study would not likely have had 
inactive mode or delay start mode. Hence, DOE does not infer from those 
results that modern clothes dryers spend negligible time in inactive 
mode, and the findings are by themselves inconclusive regarding the 
time modern clothes dryers spend in delay start mode.
---------------------------------------------------------------------------

    \13\ Standby Product Profile--Clothes Dryers (Report 2003/09). 
National Appliance and Equipment Energy Efficiency Committee 
(NAEEEC) of Australia (October 2003). Available at: http://www.energyrating.gov.au/library/pubs/sb200309-dryers.pdf.
---------------------------------------------------------------------------

    A different study on clothes washers provides some additional 
evidence suggesting a small number of hours associated with clothes 
dryer delay start mode.\14\ This study monitored time clothes washers 
in Australia and New Zealand spent in different modes, and showed that 
the average amount of time spent in delay start mode per wash cycle was 
approximately 5 minutes. DOE believes that the results for clothes 
washers may be applicable for clothes dryers as well, because of the 
similarities between the control capabilities for both types of 
products and comparable consumer usage patterns when a clothing load is 
washed and dried.
---------------------------------------------------------------------------

    \14\ ``A Submission to NAEEEC on Mode Times for Use When 
Determining Standby Energy Consumption of Clothes Washers, 
Dishwashers, and Dryers,'' Australian Electrical and Electronic 
Manufacturers' Association (March 11, 2005), Appendix B.
---------------------------------------------------------------------------

    Based on these two information sources, DOE has tentatively 
concluded that a typical modern clothes dryer spends a small amount of 
time in delay start mode. Using an estimated 5 minutes per cycle, the 
total annual amount of time spent in delay start mode using the 
representative 416 cycles per year is 34 hours. The remaining time not 
associated with active mode or delay start mode can be split as 
suggested by the Australian study: 5 percent allocated to cycle 
finished mode and 95 percent allocated to off or inactive mode.
    Table III.1 presents a comparison of the annual energy use 
associated with all modes. The approximate range of wattages associated 
with the standby and off modes are based on the references cited 
previously in this section and on ``Clothes Dryers Background/Issues/
Standby,'' presented by Robert Foster of Energy Efficiency Strategies 
at the E3 White Goods Forum in Sydney, Australia, in February 2007.\15\ 
Active mode annual energy use is calculated based on 416 cycles per 
year in a standard-size electric dryer with a minimum standard EF of 
3.01. Per-cycle energy use for such a clothes dryer is calculated as 7 
pounds (lbs) divided by 3.01 lbs per kilowatt-hour (kWh), which is 
equal to 2.33 kWh. The typical average power level during active mode 
is calculated as 967 kWh per year of annual energy use divided by 140 
hours in active mode, which is equal to 6,907 W.
---------------------------------------------------------------------------

    \15\ Available at http://www.energyrating.gov.au/pubs/2007-whitegoods-foster4.pdf.

                        Table III.1--Estimate of Annual Energy Use of Clothes Dryer Modes
----------------------------------------------------------------------------------------------------------------
                                                                                   Typical power   Annual energy
                              Mode                                     Hours            (W)          use (kWh)
----------------------------------------------------------------------------------------------------------------
Active..........................................................             140           6,907             967
Delay Start.....................................................            * 34               3             0.1
Cycle Finished..................................................          ** 429               3               1
Off and Inactive................................................  [dagger] 8,157        0.5 to 3         4 to 24
----------------------------------------------------------------------------------------------------------------
* 5 minutes per cycle x 416 cycles per year.
** 5 percent of remaining time (0.05 x (8,760-140-34) = 429).
[dagger] 95 percent of remaining time (0.95 x (8,760-140-34) = 8,157).

    To determine the annual hours per mode for clothes dryers for which 
not all standby modes are possible, DOE estimated values based upon 
reallocating the hours for modes that are not present according to the 
ratios discussed previously (i.e., that cycle finished mode, if 
present, would account for 5 percent of annual hours not allocated to 
active and delay start modes, and off/inactive modes would account for 
the remaining 95 percent). DOE's logic for this distribution of hours 
is as follows:
     If delay start is not possible, cycle finished mode would 
be 0.05 x (8,760 total hours-140 active mode hours) = 431 hours. The 
remaining 8,189 hours would be allocated for off/inactive modes.
     If cycle finished mode is not possible, delay start mode, 
which is assumed to be a fixed value of 5 minutes per cycle for each of 
the 416 cycles per

[[Page 74648]]

year specified in the DOE test procedure, would account for 34 hours. 
Thus, off/inactive modes would be 8,760 total hours-140 active mode 
hours-34 delay start mode hours = 8,586 hours.
     If neither delay start nor cycle finished modes are 
possible, then off/inactive modes would simply be 8,760 total hours-140 
active mode hours = 8,620 hours.
    Table III.2 summarizes the allocation of hours to different 
possible modes under each scenario.

                      Table III.2--Estimate of Annual Hours of Possible Clothes Dryer Modes
----------------------------------------------------------------------------------------------------------------
                                                                                                  No delay start
                      Mode                           All modes    No delay start     No cycle        or cycle
                                                     possible          mode        finished mode  finished modes
----------------------------------------------------------------------------------------------------------------
Active..........................................             140             140             140             140
Delay Start *...................................              34               0              34               0
Cycle Finished **...............................             429             431               0               0
Off and Inactive [dagger].......................           8,157           8,189           8,586           8,620
----------------------------------------------------------------------------------------------------------------
* 5 minutes per cycle x 416 cycles per year.
** 5 percent of remaining time.
[dagger] 95 percent of remaining time.

    Information to guide allocation of the hours for clothes dryers 
that have both inactive and off modes is currently unavailable. Two 
operational scenarios exist: (1) A clothes dryer reverts to an off mode 
after a specified time in inactive mode; or (2) a clothes dryer stays 
in inactive mode unless the user switches the appliance back to off 
mode. DOE does not have information regarding the percentage of clothes 
dryers being sold that fall into each of these categories. DOE welcomes 
comment and additional information on this point. Because of this 
limitation, for purposes of its analysis, DOE proposes to allocate half 
of the hours determined for off/inactive modes to each of the two 
modes.
    In summary, DOE proposes to calculate clothes dryer energy use per 
cycle associated with standby and off modes by: (1) Calculating the 
product of wattage and allocated hours for all possible standby and off 
modes; (2) summing the results; (3) dividing the sum by 1,000 to 
convert from Wh to kWh; and (4) dividing by 416 cycles per year. The 
number of hours for off/inactive modes would be allocated entirely to 
either off mode or inactive mode, as appropriate, if only one of these 
modes is possible for the clothes dryer. If both modes are possible, 
the off/inactive mode hours would be divided evenly between the two.
    DOE invites comments on this proposed methodology and associated 
factors, including accuracy, allocation of annual hours, and test 
burden. If, based on comments, DOE determines that this approach is 
unreasonable, DOE would consider the following alternative methodology.
    The comparison of annual energy use of different clothes dryer 
modes shows that delay start and cycle finished modes represent a 
relatively small number of hours at low power consumption levels. For 
clothes dryers currently on the market, these levels are distinct from 
but comparable to those for off/inactive modes. Thus, DOE could adopt 
an approach that would be limited to specification of hours for only 
off and inactive modes when calculating energy use associated with 
standby and off modes. In that case, all of the non-active hours (8,620 
hours total) would be allocated to the inactive and off modes. DOE 
invites comment on whether such an alternative would be representative 
of the standby and off mode power consumption of clothes dryers 
currently on the market.
2. Room Air Conditioners
    DOE is not aware of reliable data for hours spent in different 
standby and off modes in room air conditioners. Therefore, DOE 
estimated relative magnitudes of energy use in standby and off modes in 
the following example, illustrated for a representative 8,000 Btu/hour 
(hr), 9 EER unit that has delay start, off-cycle, and inactive modes.
    DOE is aware that a room air conditioner may be unplugged for a 
certain percentage of time, and, therefore, will not be in either 
standby mode or off mode. DOE does not have data regarding the amount 
of ``unplugged'' time for a typical room air conditioner. For the 
purposes of this analysis, DOE estimates that approximately half of 
room air conditioners are unplugged for half of the year. The 
``unplugged'' time associated with these units is averaged over all 
units. Hence, the average number of plugged-in hours per year for a 
room air conditioner would be estimated as 8,760 total hours - (\1/2\ 
of units that are unplugged x 4,380 unplugged hours) = 6,570 hours.
    The prime cooling season is estimated to last 90 days a year, which 
equals 2,160 hours. During this time, it is estimated that room air 
conditioners spend 750 hours in cooling mode, according to the current 
test procedure. In addition, DOE estimates that 10 percent of room air 
conditioners that have a delay start mode function will use this 
function for 10 hours a day during the cooling season. Averaged over 
all units with this functionality, this represents 90 days x 10 hr/day 
x 10 percent of units = 90 hours. Therefore, cooling mode hours plus 
delay start hours total 840 hours for units that incorporate the delay 
start function. The remaining cooling season hours in this example are 
2,160 cooling season hours - 840 combined cooling mode and delay start 
mode hours = 1,320 hours. For this representative unit, DOE assumes 
that these remaining cooling season hours divide equally into: (1) Fan-
only mode (an active mode in which the compressor shuts down when 
operating in constant-fan mode or user selection of fan-only 
operation); (2) off-cycle mode; and (3) inactive mode (and/or off mode 
for units that have such capability). One-third of 1,320 equals 440, so 
for this example, the number of off-cycle mode hours is 440, and the 
number of inactive and/or off mode hours during the cooling season is 
also 440.
    The cooling season inactive and/or off mode hours are summed with 
the additional inactive and/or off mode hours when the unit is plugged 
in outside of the cooling season. These additional hours are 6,570 
plugged-in hours - 2,160 cooling season hours = 4,410 hours. Hence, for 
this example, total inactive and/or off mode hours are 440 inactive 
and/or off mode hours during cooling season + 4,410 plugged-in hours 
outside of the cooling season = 4,850 hours. The hours for the relevant 
modes and estimates of power input and energy use for this example are 
summarized in Table III.3 below.

[[Page 74649]]

While the hours per mode presented in this illustration are estimates 
based on limited study data, DOE believes that energy patterns 
illustrated in this example are representative for most room air 
conditioners with delay start and off-cycle mode capability. The 
typical average power level during active mode is calculated as the 
8,000 Btu/hr cooling capacity / 9 Btu/hr/W EER = 889 W.

  Table III.3--Estimate of Annual Energy Use of Room Air Conditioner Modes for a Representative Unit With 8,000
                                            Btu/hr Capacity and 9 EER
----------------------------------------------------------------------------------------------------------------
                                                                                   Typical power   Annual energy
                              Mode                                     Hours            (W)          use (kWh)
----------------------------------------------------------------------------------------------------------------
Active Cooling..................................................             750             889             667
Delay Start.....................................................              90               2             0.2
Off-Cycle.......................................................             440               2             0.9
Off and Inactive................................................           4,850        0.5 to 2       2.5 to 10
----------------------------------------------------------------------------------------------------------------

    To determine the annual hours per mode for room air conditioners 
for which not all standby modes are possible, DOE estimated values 
based upon reallocating the hours for modes that are not present 
according to the ratios discussed previously (i.e., that off-cycle 
mode, if present, would account for one-third of annual cooling season 
hours not allocated to active and delay start modes, and off/inactive 
modes would account for another one third of the annual cooling season 
hours not allocated to active and delay start modes plus the 4,410 
plugged-in non-cooling season hours). DOE's logic for this distribution 
of hours is as follows:
     If delay start is not possible, off-cycle mode would equal 
\1/3\ x (2,160 cooling season hours - 750 cooling mode hours) = 470 
hours. Off/inactive modes would then account for 470 off-cycle mode 
hours + 4,410 plugged-in non-cooling season hours = 4,880 hours.
     If off-cycle mode is not possible, off/inactive modes 
would equal \1/2\ x (2,160 cooling season hours - 750 cooling mode 
hours - 90 delay start mode hours) + 4,410 plugged-in non-cooling 
season hours = 5,070 hours.
     If neither delay start nor off-cycle modes are possible, 
then off/inactive modes would equal \1/2\ x (2,160 cooling season hours 
- 750 cooling mode hours) + 4,410 plugged-in non-cooling season hours = 
5,115 hours.
    Table III.4 summarizes the allocation of hours to different 
possible modes under each scenario.

Table III.4--Estimate of Annual Energy Use of Room Air Conditioner Modes
------------------------------------------------------------------------
                                                                No delay
                              All modes   No delay   No off-    start or
            Mode               possible    start      cycle    off-cycle
                                            mode       mode      modes
------------------------------------------------------------------------
Active, Cooling.............        750        750        750        750
Active, Fan-Only **.........        440        470        660        705
Delay Start *...............         90          0         90          0
Off-Cycle **................        440        470          0          0
Off and Inactive **.........      4,850      4,880      5,070      5,115
------------------------------------------------------------------------
* 10% of units will use delay start for 10 hours/day during the 90-day
  cooling season. The 90-day cooling season represents 2,160 hours.
** (2,160 cooling season hours - 750 cooling mode hours - delay start
  mode hours) divided by the number of these three modes which are
  present (fan-only, off-cycle, and off/inactive). Off and inactive
  modes are treated as one, and also include all of the 4,410 plugged in
  hours outside of the cooling season.

    DOE is unaware of any room air conditioners that incorporate both 
off and inactive modes. Typically, room air conditioners with remote 
control can be controlled whenever they are plugged in; hence, these 
units do not include an off mode. If a room air conditioner allows the 
user to switch off remote control operation, such a product would be 
capable of both inactive and off mode. For these units, DOE proposes 
that the plugged-in off/inactive hours be allocated equally to the 
inactive and off modes for such a product.
    In summary, DOE proposes to calculate room air conditioner energy 
use associated with standby and off modes by: (1) Calculating the 
products of wattage and allocated hours for all possible standby and 
off modes; (2) summing the results; and (3) dividing the sum by 1,000 
to convert from Wh to kWh. The number of allocated hours for off/
inactive modes would be allocated entirely to either off mode or 
inactive mode, as appropriate, if only one of these modes is possible 
for the room air conditioner. If both modes are possible, the off/
inactive mode hours would be divided evenly between the two.
    DOE invites comments on this proposed methodology and associated 
factors, including accuracy, allocation of annual hours, and test 
burden. If, based on comments, DOE determines that this approach is 
unreasonable, DOE would consider the following alternative methodology.
    Similar to clothes dryers, the comparison of annual energy use of 
different room air conditioner modes shows that delay start and off-
cycle modes represent a relatively small number of hours at low power 
consumption levels. For room air conditioners currently on the market, 
these levels are distinct from but comparable to those for off/inactive 
modes. Thus, DOE could adopt an approach that would be limited to 
specification of hours for only off and inactive modes when calculating 
energy use associated with standby and off modes. In that case, all of 
the non-active hours (5,115 hours total) would be allocated to the 
inactive and off modes. DOE invites comment on whether such an 
alternative would be representative of the standby and off mode power 
consumption of room air conditioners currently on the market.

G. Measures of Energy Consumption

    The DOE test procedures for clothes dryers and room air 
conditioners currently provide for the calculation of

[[Page 74650]]

several measures of energy consumption. For clothes dryers, the test 
procedure incorporates various measures of per-cycle energy 
consumption, including total per-cycle electric dryer energy 
consumption, per-cycle gas dryer electrical energy consumption, per-
cycle gas dryer gas energy consumption, per-cycle gas dryer 
continuously burning pilot light gas energy consumption, total per-
cycle gas dryer gas energy consumption expressed in Btu, and total per-
cycle gas dryer gas energy consumption expressed in kWh. 10 CFR part 
430, subpart B, appendix D, sections 4.1-4.5. The test procedure also 
provides an EF, which is equal to the clothes load in pounds divided by 
either the total per-cycle electric dryer energy consumption or by the 
total per-cycle gas dryer energy consumption expressed in kWh. 10 CFR 
430.23(d). For room air conditioners, the test procedure calculates 
annual energy consumption in kWh and an EER. 10 CFR 430.23(f).
    Under 42 U.S.C. 6295(gg)(2)(A), EPCA directs that the ``[t]est 
procedures for all covered products shall be amended pursuant to 
section 323 to include standby mode and off mode energy consumption, 
taking into consideration the most current versions of Standards 62301 
and 62087 of the International Electrotechnical Commission, with such 
energy consumption integrated into the overall energy efficiency, 
energy consumption, or other energy descriptor for each covered 
product, unless the Secretary determines that--(i) the current test 
procedures for a covered product already fully account for and 
incorporate the standby mode and off mode energy consumption of the 
covered product; or (ii) such an integrated test procedure is 
technically infeasible for a particular covered product, in which case 
the Secretary shall prescribe a separate standby mode and off mode 
energy use test procedure for the covered product, if technically 
feasible.''
    DOE explored whether the existing measures of energy consumption 
for clothes dryers and room air conditioners can be combined with 
standby mode and off mode energy use to form a single metric. DOE notes 
that certain test procedures combine measures of energy consumption and 
standby energy use to derive an overall ``energy efficiency measure'' 
(e.g., gas kitchen ranges and ovens incorporate pilot gas consumption 
in EF, electric ovens include clock power in EF, and gas clothes dryers 
include pilot gas consumption). When the difference in energy use 
between the primary function of those products and the standby power is 
so large that the standby power has little impact on the overall 
measure of energy efficiency, as is the case for clothes dryers and 
room air conditioners (illustrated in section III.F), the combined 
measure of energy efficiency is a meaningful measure. Therefore, DOE is 
proposing a combined metric addressing active, standby, and off modes 
for clothes dryers and room air conditioners, as discussed below.
1. Clothes Dryers
    DOE proposes to establish the following measures of energy 
consumption for clothes dryers that integrate energy use of standby and 
off modes with energy use of main functions of the products. ``Per-
cycle integrated total energy consumption expressed in kWh'' will be 
defined as the sum of per-cycle standby and off mode energy consumption 
and either total per-cycle electric dryer energy consumption or total 
per-cycle gas dryer energy consumption expressed in kWh, depending on 
which type of clothes dryer is involved. ``Integrated energy factor'' 
(IEF) will be defined as the (clothes dryer test load weight in lb)/
(per-cycle integrated total energy in kWh).
2. Room Air Conditioners
    DOE proposes to establish the following measures of energy 
consumption for room air conditioners that integrate energy use of 
standby and off modes with energy use of main functions of the 
products. ``Integrated annual energy consumption'' will be defined as 
the sum of annual energy consumption and standby and off mode energy 
consumption. ``Integrated energy efficiency ratio'' (IEER) will be 
defined as (cooling capacity in Btu/hr x 750 hours average time in 
cooling mode) / (integrated annual energy consumption x 1,000 Wh per 
kWh).

H. Correction of Text Describing Energy Factor Calculation for Clothes 
Dryers

    Specific references used in the current DOE test procedure 
regulation contain certain errors that today's proposal seeks to 
correct. In particular, the reference to sections 2.6.1 and 2.6.2 of 10 
CFR part 430, subpart B, appendix D in the calculation of EF for 
clothes dryers found at section 430.23(d)(2) is incorrect and should 
refer instead to sections 2.7.1 and 2.7.2. Section 2.6 provides 
instructions for the test clothes to be used in energy testing of 
clothes dryers, whereas section 2.7 provides instructions on test 
loads. The EF of clothes dryers is measured in pounds of clothes per 
kWh. Since the EF calculation requires the weight of the test load, DOE 
proposes to correct these references in 10 CFR 430.23(d)(2).

I. Correction of Text Referencing Room Air Conditioner Test Standard

    The room air conditioner test procedure currently references ASHRAE 
Standard 16-69, ``Method of Testing for Rating Room Air Conditioners.'' 
The text in 10 CFR part 430, subpart B, appendix F, section 1, however, 
incorrectly identifies ASHRAE as ``American Society of Heating, 
Refrigerating and Air Conditioning in Engineers.'' The actual name of 
the referenced organization is ``American Society of Heating, 
Refrigerating and Air-Conditioning Engineers.'' DOE proposes to correct 
this reference in 10 CFR part 430, subpart B, appendix F, section 1 
(which is being redesignated as section 2 in the proposed amendments).

J. Compliance With Other EPCA Requirements

1. Test Burden
    Section 323(b)(3) of EPCA requires that ``[a]ny test procedures 
prescribed or amended under this section shall be reasonably designed 
to produce test results which measure energy efficiency, energy use * * 
* or estimated annual operating cost of a covered product during a 
representative average use cycle or period of use * * * and shall not 
be unduly burdensome to conduct.'' (42 U.S.C. 6293(b)(3)) For the 
reasons that follow, DOE has tentatively concluded that amending the 
relevant DOE test procedures to incorporate clauses regarding test 
conditions and methods found in IEC Standard 62301, along with the 
proposed modifications, would satisfy this requirement.
    The proposed amendments to the DOE test procedure incorporate a 
test standard that is accepted internationally for measuring standby 
power in standby modes and off mode. Based on DOE's testing and 
analysis of IEC Standard 62301, DOE determined that the proposed 
amendments to the clothes dryer and room air conditioner test 
procedures would produce standby and off mode average power consumption 
measurements that are representative of an average use cycle, both when 
the measured power is stable and when the measured power is unstable 
(i.e., when power varies by more than 5 percent during 5 minutes). 
Also, the test methods and equipment that the amendment would require 
for measuring standby power in these products are not substantially 
different from, or can be even less burdensome to implement than, the 
test methods and

[[Page 74651]]

equipment in the current DOE test procedures for measuring the 
products' energy consumption. Therefore, the proposed test procedures 
would not require manufacturers to make a major investment in test 
facilities and new equipment. Accordingly, DOE has tentatively 
concluded that the amended test procedures would produce test results 
that measure the standby/off mode power consumption of a covered 
product during a representative average use cycle, as well as total 
annual energy consumption, and that testing under the test procedures 
would not be unduly burdensome to conduct.
2. Potential Incorporation of IEC Standard 62087
    Section 325(gg)(2)(A) of EPCA directs DOE to consider IEC Standard 
62087 when amending test procedures to include standby mode and off 
mode power measurements (42 U.S.C. 6295(gg)(2)(A)). As discussed in 
section III.C of this notice, DOE reviewed IEC Standard 62087 ``Methods 
of measurement for the power consumption of audio, video, and related 
equipment'' (Second Edition 2008-09) and determined that it would not 
be applicable to measuring power consumption of electrical appliances 
such as clothes dryers and room air conditioners. Therefore, DOE has 
determined that referencing IEC Standard 62087 is not necessary for the 
proposed amendments to the test procedures that are the subject of this 
rulemaking.
3. Integration of Standby Mode and Off Mode Energy Consumption Into the 
Efficiency Metrics
    Section 325(gg)(2)(A) requires that standby mode and off mode 
energy consumption be ``integrated into the overall energy efficiency, 
energy consumption, or other energy descriptor for each covered 
product'' unless the current test procedures already fully account for 
the standby mode and off mode energy consumption or if such an 
integrated test procedure is technically infeasible (42 U.S.C. 
6295(gg)(2)(A)). For clothes dryers, DOE is proposing to incorporate 
the standby and off mode energy consumption into a ``per-cycle 
integrated total energy consumption expressed in kilowatt-hours'' and 
into an IEF, as discussed in section III.G of this notice. For room air 
conditioners, DOE is proposing to incorporate the standby and off mode 
energy consumption into a metric for ``integrated annual energy 
consumption'' and into an IEER, as discussed in section III.G.
    Furthermore, EPCA provides that test procedure amendments adopted 
to comply with the new EPCA requirements for standby and off mode 
energy consumption will not determine compliance with previously 
established standards. (42 U.S.C. 6295(gg)(2)(C)) Pursuant to this 
provision, the test procedure amendments pertaining to standby mode and 
off mode energy consumption that DOE proposes to adopt in this 
rulemaking would not apply to, and would have no impact on, existing 
standards. In other words, existing energy standards for clothes dryers 
and room air conditioners, which are based on EF and EER, respectively, 
would not be altered by today's proposal. Instead, the test procedures' 
provisions for standby/off mode would be required to be used for 
demonstrating compliance with DOE's energy conservation standards upon 
the effective date of a subsequent standards rulemaking for clothes 
dryers and room air conditioners that account for standby mode and off 
mode power consumption. Thus, the proposed test procedure amendments 
comply with this EPCA requirement.

IV. Procedural Requirements

A. Review Under Executive Order 12866

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

B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
preparation of an initial regulatory flexibility analysis for any rule 
that by law must be proposed for public comment, unless the agency 
certifies that the proposed rule, if promulgated, will not have a 
significant economic impact on a substantial number of small entities. 
As required by Executive Order 13272, ``Proper Consideration of Small 
Entities in Agency Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE 
published procedures and policies on February 19, 2003, to ensure that 
the potential impacts of its rules on small entities are properly 
considered during the rulemaking process. 68 FR 7990. DOE's procedures 
and policies may be viewed on the Office of the General Counsel's Web 
site (http://www.gc.doe.gov).
    DOE reviewed today's proposed rule under the provisions of the 
Regulatory Flexibility Act and the procedures and policies published on 
February 19, 2003. This proposed rule prescribes test procedures that 
will be used to test compliance with energy conservation standards for 
the products that are the subject of this rulemaking.
    DOE has tentatively concluded that the proposed rule would not have 
a significant impact on either small or large manufacturers under the 
provisions of the Regulatory Flexibility Act. The proposed rule would 
amend DOE's test procedures by incorporating testing provisions to 
address standby mode and off mode energy consumption. The procedures 
involve measuring power input when the clothes dryer or room air 
conditioner is in standby and off modes during testing. These tests can 
be conducted in the same facilities used for the current energy testing 
of these products, but could also be conducted in separate facilities 
consisting of little more than a temperature-controlled space. The 
power meter required for these tests might require greater accuracy 
than the power meter used for current energy testing, but the 
investment required for a possible instrumentation upgrade would be 
modest. The duration of the standby and off mode testing is relatively 
short in comparison to the time required to conduct current energy 
testing. Thus, such requirements for equipment and time to conduct the 
additional tests would not be expected to impose a significant economic 
impact. Accordingly, DOE does not believe that the proposed rule would 
have a significant economic impact on entities subject to the 
applicable testing requirements.
    Further, the Small Business Administration (SBA) considers an 
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, which relies on size standards and codes established by the 
North American Industry Classification System (NAICS). The threshold 
number for NAICS classification for 335224, which applies to household 
laundry equipment manufacturers and includes clothes dryer 
manufacturers, is 1,000 employees. Additionally, two other NAICS 
classifications could apply to manufacturers involved in the production 
of room air conditioners, including 333415 (air conditioning and warm 
air heating equipment and commercial and industrial refrigeration 
equipment) and 335228 (other major household appliance manufacturing). 
The employee thresholds for

[[Page 74652]]

classification as a small entity under these NAICS codes are 750 and 
500 employees, respectively.
    Searches of the SBA Web site \16\ to identify manufacturers within 
these NAICS codes that manufacture clothes dryers and/or room air 
conditioners identified only Staber Industries of Groveport, Ohio as a 
relevant manufacturer. Staber manufactures laundry appliances, 
including clothes dryers. Most of the manufacturers supplying clothes 
dryers and room air conditioners are large multinational corporations. 
Only one small entity could be identified that could be affected by 
this test procedure modification, out of approximately 15 manufacturers 
supplying clothes dryers in the United States, and, for the reasons 
stated above, the incremental impacts on that manufacturer arising from 
the new proposed test procedure requirements are expected to be small.
---------------------------------------------------------------------------

    \16\ A searchable database of certified small businesses is 
available online at: http://dsbs.sba.gov/dsbs/search/dsp_dsbs.cfm.
---------------------------------------------------------------------------

    For these reasons, DOE tentatively concludes and certifies that the 
proposed rule would not have a significant economic impact on a 
substantial number of small entities. Accordingly, DOE has not prepared 
a regulatory flexibility analysis for this rulemaking. DOE will 
transmit the certification and supporting statement of factual basis to 
the Chief Counsel for Advocacy of the SBA for review under 5 U.S.C. 
605(b).

C. Review Under the Paperwork Reduction Act of 1995

    This proposed rulemaking will impose no new information collection 
or recordkeeping requirements. Accordingly, OMB clearance is not 
required under the Paperwork Reduction Act. (44 U.S.C. 3501 et seq.)

D. Review Under the National Environmental Policy Act of 1969

    In this notice, DOE is proposing test procedure amendments that it 
expects would be used to develop and implement future energy 
conservation standards for clothes dryers and room air conditioners. 
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 changing its environmental effect, and, 
therefore, is covered by the Categorical Exclusion in 10 CFR part 1021, 
subpart D, paragraph A5, which applies because this rule would 
establish revisions to existing test procedures that would not affect 
the amount, quality, or distribution of energy usage, and, therefore, 
would not result in any environmental impacts. Accordingly, neither an 
environmental assessment nor an environmental impact statement is 
required.

E. Review Under Executive Order 13132

    Executive Order 13132, ``Federalism,'' imposes certain requirements 
on agencies formulating and implementing policies or regulations that 
preempt State law or that have Federalism implications. 64 FR 43255 
(August 10, 1999). 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 that it will follow in 
developing such regulations. 65 FR 13735. DOE examined this proposed 
rule and determined that it would not preempt State law and would not 
have a substantial direct effect on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government. 
Therefore, Executive Order 13132 requires no further action.

F. Review Under Executive Order 12988

    Regarding the review of existing regulations and the promulgation 
of new regulations, section 3(a) of Executive Order 12988, ``Civil 
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal 
agencies the general duty to adhere to the following requirements: (1) 
Eliminate drafting errors and ambiguity; (2) write regulations to 
minimize litigation; (3) provide a clear legal standard for affected 
conduct rather than a general standard; and (4) promote simplification 
and burden reduction. Section 3(b) of Executive Order 12988 
specifically requires that Executive agencies make every reasonable 
effort to ensure that the regulation specifies the following: (1) The 
preemptive effect, if any; (2) any effect on existing Federal law or 
regulation; (3) a clear legal standard for affected conduct while 
promoting simplification and burden reduction; (4) the retroactive 
effect, if any; (5) definitions of key terms; and (6) 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 whether 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 proposed rule meets the relevant 
standards of Executive Order 12988.

G. Review Under the Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. 
L. 104-4; 2 U.S.C. 1501 et seq.) requires each Federal agency to assess 
the effects of Federal regulatory actions on State, local, and Tribal 
governments and the private sector. For a proposed regulatory action 
likely to result in a rule that may cause the expenditure by State, 
local, and Tribal governments, in the aggregate, or by the private 
sector of $100 million or more in any one year (adjusted annually for 
inflation), section 202 of UMRA requires a Federal agency to publish 
estimates of the resulting costs, benefits, and other effects on the 
national economy. (2 U.S.C. 1532(a),(b)) 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 such governments. On March 18, 
1997, DOE published a statement of policy on its process for 
intergovernmental consultation under UMRA. 62 FR 12820. (The policy is 
also available at http://www.gc.doe.gov). Today's proposed rule 
contains neither an intergovernmental mandate nor a mandate that may 
result in an 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

[[Page 74653]]

that may affect family well-being. Today's proposed rule would not have 
any impact on the autonomy or integrity of the family as an 
institution. Accordingly, DOE has concluded that it is not necessary to 
prepare a Family Policymaking Assessment.

I. Review Under Executive Order 12630

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

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

    Section 515 of the Treasury and General Government Appropriations 
Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most 
disseminations of information to the public under guidelines 
established by each agency pursuant to general guidelines issued by 
OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and 
DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). DOE has 
reviewed today's notice under 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 OIRA 
a Statement of Energy Effects for any proposed significant energy 
action. A ``significant energy action'' is defined as any action by an 
agency that promulgates or is expected to lead to promulgation of a 
final rule, and that: (1) Is a significant regulatory action under 
Executive Order 12866, or any successor order; and (2) is likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy; or (3) is designated by the Administrator of OIRA as a 
significant energy action. For any proposed significant energy action, 
the agency must give a detailed statement of any adverse effects on 
energy supply, distribution, or use if the proposal is implemented, and 
of reasonable alternatives to the action and their expected benefits on 
energy supply, distribution, and use. Today's proposed regulatory 
action is not a significant regulatory action under Executive Order 
12866. It has likewise not been designated as a significant energy 
action by the Administrator of OIRA. Moreover, it would not have a 
significant adverse effect on the supply, distribution, or use of 
energy. Therefore, it is not a significant energy action, and, 
accordingly, DOE has not prepared a Statement of Energy Effects.

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

    Under section 301 of the DOE Organization Act (Pub. L. 95-91; 42 
U.S.C. 7101 et seq.), 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 (FEAA). (15 U.S.C. 788) 
Section 32 essentially provides in part that, where a proposed rule 
authorizes or requires use of commercial standards, the rulemaking must 
inform the public of the use and background of such standards. In 
addition, section 32(c) requires DOE to consult with the Attorney 
General and the Chairman of the Federal Trade Commission (FTC) 
concerning the impact of the commercial or industry standards on 
competition.
    The proposed modifications to the test procedures addressed by this 
proposed action incorporate testing methods contained in the commercial 
standard, IEC Standard 62301. DOE has evaluated this standard and is 
unable to conclude whether it fully complies with the requirements of 
section 32(b) of the FEAA (i.e., whether it was developed in a manner 
that fully provides for public participation, comment, and review.) DOE 
will consult with the Attorney General and the Chairman of the FTC 
about the impact on competition of using the methods contained in this 
standard, before prescribing a final rule.

V. Public Participation

A. Attendance at the Public Meeting

    The time, date, and location of the public meeting are listed in 
the DATES and ADDRESSES sections at the beginning of this NOPR. To 
attend the public meeting, please notify Ms. Brenda Edwards at (202) 
586-2945. As explained in the ADDRESSES section, foreign nationals 
visiting DOE Headquarters are subject to advance security screening 
procedures.

B. Procedure for Submitting Requests To Speak

    Any person who has an interest in today's notice, or who is a 
representative of a group or class of persons that has an interest in 
these issues, may request an opportunity to make an oral presentation 
at the public meeting. Such persons may hand-deliver requests to speak 
to the address shown in the ADDRESSES section at the beginning of this 
notice between 9 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays. Requests may also be sent by mail or e-mail to: Ms. Brenda 
Edwards, U.S. Department of Energy, Building Technologies Program, 
Mailstop EE-2J, 1000 Independence Avenue, SW., Washington, DC 20585-
0121, or [email protected]. Persons who wish to speak should 
include in their request a computer diskette or CD in WordPerfect, 
Microsoft Word, PDF, or text (ASCII) file format that briefly describes 
the nature of their interest in this rulemaking and the topics they 
wish to discuss. Such persons should also provide a daytime telephone 
number where they can be reached.
    DOE requests persons scheduled to make an oral presentation to 
submit an advance copy of their statements at least one week before the 
public meeting. DOE may permit persons who cannot supply an advance 
copy of their statement to participate, if those persons have made 
advance alternative arrangements with the Building Technologies 
Program. Requests to give an oral presentation should ask for such 
alternative arrangements.

C. Conduct of Public Meeting

    DOE will designate a DOE official to preside at the public meeting 
and may also use a professional facilitator to aid discussion. The 
meeting will not be a judicial or evidentiary-type public hearing, but 
DOE will conduct it in accordance with 5 U.S.C. 553 and section 336 of 
EPCA (42 U.S.C. 6306). A court reporter will be present to record the 
proceedings and prepare a transcript. DOE reserves the right to 
schedule the order of presentations and to establish the procedures 
governing the conduct of the public meeting. After the public meeting, 
interested parties may submit further comments on the proceedings as 
well as on any aspect of the rulemaking until the end of the comment 
period.
    The public meeting will be conducted in an informal, conference 
style. DOE will present summaries of comments received before the 
public meeting, allow time for presentations by participants, and 
encourage all interested parties to share their views on issues 
affecting this rulemaking. Each participant will be allowed to make a 
prepared general statement (within time limits determined by DOE), 
before the discussion of specific topics. DOE will

[[Page 74654]]

permit other participants to comment briefly on any general statements. 
At the end of all prepared statements on each specific topic, DOE will 
permit participants to clarify their statements briefly and to comment 
on statements made by others.
    Participants should be prepared to answer DOE's and other 
participants' questions. DOE representatives may also ask participants 
about other matters relevant to this rulemaking. The official 
conducting the public meeting will accept additional comments or 
questions from those attending, as time permits. The presiding official 
will announce any further procedural rules or modification of the above 
procedures that may be needed for the proper conduct of the public 
meeting.
    DOE will make the entire record of this proposed rulemaking, 
including the transcript from the public meeting, available for 
inspection at the U.S. Department of Energy, 6th Floor, 950 L'Enfant 
Plaza, SW., Washington, DC 20024, (202) 586-2945, between 9 a.m. and 4 
p.m., Monday through Friday, except Federal holidays. Copies of the 
transcript are available for purchase from the transcribing reporter.

D. Submission of Comments

    DOE will accept comments, data, and information regarding the 
proposed rule before or after the public meeting, but no later than the 
date provided at the beginning of this notice. Comments, data, and 
information submitted to DOE's e-mail address for this rulemaking 
should be provided in WordPerfect, Microsoft Word, PDF, or text (ASCII) 
file format. Stakeholders should avoid the use of special characters or 
any form of encryption, and wherever possible, comments should include 
the electronic signature of the author. Comments, data, and information 
submitted to DOE via mail or hand delivery/courier should include one 
signed original paper copy. No telefacsimiles (faxes) will be accepted.
    Pursuant 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 two copies: One copy of the document that 
includes all of the information believed to be confidential, and one 
copy of the document with that information deleted. DOE will determine 
the confidential status of the information and treat it accordingly.
    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 was previously made available to others without obligation 
concerning its confidentiality; (5) an explanation of the competitive 
injury to the submitting person that 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.

E. Issues on Which DOE Seeks Comment

    DOE is particularly interested in receiving comments and views of 
interested parties on the following issues:
    1. Incorporation of IEC Standard 62301. DOE invites comment on the 
adequacy of IEC Standard 62301 to measure standby power for clothes 
dryers and room air conditioners in general, and on the suitability of 
incorporating into DOE regulations the specific provisions described in 
section III of this notice.
    2. ``Standby mode'' definitions. DOE invites comment on the 
differences in definition of ``standby mode'' provided by EPCA and the 
definition provided in the current version of IEC Standard 62301.
    3. Clothes dryer standby modes. DOE invites comment on the 
establishment of the following specific standby modes for clothes 
dryers: Inactive mode, delay start mode, and cycle finished mode. DOE 
further invites comment on the definitions proposed for these modes and 
on the question of whether there are any modes consistent with the 
``active mode,'' ``standby mode,'' or ``off mode'' definitions under 
EPCA that have not been identified and that can represent significant 
energy use.
    4. Room air conditioner standby modes. DOE invites comment on the 
establishment of the following specific standby modes for room air 
conditioners: Inactive mode, delay start mode, and off-cycle mode. DOE 
further invites comment on the definitions proposed for these modes and 
on the question of whether there are any modes consistent with the 
``active mode,'' ``standby mode,'' or ``off mode'' definitions under 
EPCA that have not been identified and that can represent significant 
energy use.
    5. Delay start test procedure. DOE seeks comment on the proposed 
clarification to IEC Standard 62301, in which DOE would specify in the 
clothes dryer and room air conditioner test procedures, the set delay 
start time, stabilization period, and test duration for delay start 
mode power measurements. (See section III.E of this notice.)
    6. Test room conditions. DOE requests comment on the proposed room 
ambient temperature range for standby mode and off mode power 
measurements for room air conditioners and clothes dryers. (See section 
III.E of this notice.)
    7. Energy use calculation for standby mode and off mode for clothes 
dryers. DOE invites comment on the approach for determining total 
energy use for standby mode and off mode for clothes dryers, including 
its accuracy and test burden. Given that individual units may be 
capable of different combinations of standby modes, DOE also invites 
comment and requests data on the estimates for annual hours associated 
with each mode, including the 140 hours specified by the current test 
procedure for active mode (drying).
    8. Energy use calculation for standby mode and off mode for room 
air conditioners. DOE invites comment on the approach for determining 
total energy use for standby mode and off mode for room air 
conditioners, including its accuracy and test burden. Given that 
individual units may be capable of different combinations of standby 
modes, DOE also invites comment and requests data on the estimates for 
annual hours associated with each mode, including the estimate of 
``unplugged'' time.
    9. New integrated measures of energy consumption and energy 
efficiency. DOE invites comment on the proposed plan to establish new 
integrated measures of energy consumption and energy efficiency for 
clothes dryers and room air conditioners: ``Per-cycle integrated total 
energy consumption expressed in kilowatt-hours'' and ``integrated 
energy factor'' for clothes dryers; and ``integrated annual energy 
consumption'' and ``integrated energy efficiency ratio'' for room air 
conditioners.

VI. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this notice of 
proposed rulemaking.

List of Subjects in 10 CFR Part 430

    Administrative practice and procedure, Confidential business 
information, Energy conservation, Household appliances, Imports, 
Intergovernmental relations, Small businesses.


[[Page 74655]]


    Issued in Washington, DC, on December 1, 2008.
Steven G. Chalk,
Deputy Assistant Secretary for Renewable Energy, Office of Technology 
Development, Energy Efficiency and Renewable Energy.

    For the reasons stated in the preamble, DOE proposes to amend part 
430 of chapter II of title 10, of the Code of Federal Regulations, to 
read as set forth below:

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

    1. The authority citation for part 430 continues to read as 
follows:

    Authority: 42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.

    2. Section 430.22 is amended by adding paragraphs (b)(1)9, (b)(4)3, 
and (b)(5)10 to read as follows:


Sec.  430.22  Reference Sources.

* * * * *
    (b) * * *
    (1) * * *
    9. American National Standard Z234.1-1972, ``Room Air 
Conditioners,'' Sections 4, 5, 6.1, and 6.5.
* * * * *
    (4) * * *
    3. IEC 62301, ``Household electrical appliances--Measurement of 
standby power,'' Section 4, General conditions for measurements, 
Paragraph 4.2, ``Test room,'' Paragraph 4.3, ``Power supply,'' 
Paragraph 4.4, ``Supply voltage waveform,'' and Paragraph 4.5, ``Power 
measurement accuracy;'' and Section 5, Measurements, Paragraph 5.1, 
``General,'' Note 1, and Paragraph 5.3, ``Procedure'' (2005-06).
    (5) * * *
    10. American Society of Heating, Refrigerating and Air-Conditioning 
Engineers Standard 16-69, ``Method of Testing for Rating Room Air 
Conditioners.''
* * * * *
    3. Part 430.23 is amended by:
    a. Revising paragraph (d)(2).
    b. Redesignating existing paragraph (d)(3) as (d)(4) and adding new 
paragraph (d)(3).
    c. Revising paragraphs (f)(1), (f)(2), and (f)(3).
    d. Redesignating existing paragraph (f)(4) as (f)(6) and adding new 
paragraphs (f)(4) and (f)(5).
    The revisions and additions read as follows:


Sec.  430.23  Test procedures for the measurement of energy and water 
consumption.

* * * * *
    (d) Clothes dryers.
* * * * *
    (2) The energy factor, expressed in pounds of clothes per kilowatt-
hour, for clothes dryers shall be either the quotient of a 3-pound 
bone-dry test load for compact dryers, as described in 2.7.1 of 
appendix D to this subpart, or the quotient of a 7-pound bone-dry test 
load for standard dryers, as described in 2.7.2 of appendix D to this 
subpart, as applicable, divided by the clothes dryer energy consumption 
per cycle, as determined according to 4.1 for electric clothes dryers 
and 4.6 for gas clothes dryers of appendix D to this subpart, the 
resulting quotient then being rounded off to the nearest hundredth 
(.01).
    (3) The integrated energy factor, expressed in pounds of clothes 
per kilowatt-hour, for clothes dryers shall be either the quotient of a 
3-pound bone-dry test load for compact dryers, as described in 2.7.1 of 
appendix D to this subpart, or the quotient of a 7-pound bone-dry test 
load for standard dryers, as described in 2.7.2 of appendix D to this 
subpart, as applicable, divided by the clothes dryer integrated energy 
consumption per cycle, as determined according to 4.8 of appendix D to 
this subpart, the resulting quotient then being rounded off to the 
nearest hundredth (.01).
* * * * *
    (f) Room air conditioners. (1) The estimated annual operating cost 
for room air conditioners, expressed in dollars per year, shall be 
determined by multiplying the following three factors:
    (i) Electrical input power in kilowatts as determined in accordance 
with 5.2 of appendix F to this subpart;
    (ii) The representative average-use cycle of 750 hours of 
compressor operation per year; and
    (iii) A representative average unit cost of electrical energy in 
dollars per kilowatt-hour as provided by the Secretary, the resulting 
product then being rounded off to the nearest dollar per year.
    (2) The energy efficiency ratio for room air conditioners, 
expressed in Btu's per watt-hour, shall be the quotient of:
    (i) The cooling capacity in Btu's per hour as determined in 
accordance with 5.1 of appendix F to this subpart divided by:
    (ii) The electrical input power in watts as determined in 
accordance with 5.2 of appendix F to this subpart, the resulting 
quotient then being rounded off to the nearest 0.1 Btu per watt-hour.
    (3) The average annual energy consumption for room air 
conditioners, expressed in kilowatt-hours per year, shall be determined 
by multiplying together the following two factors:
    (i) Electrical input power in kilowatts as determined in accordance 
with 5.2 of appendix F to this subpart; and
    (ii) The representative average-use cycle of 750 hours of 
compressor operation per year, the resulting product then being rounded 
off to the nearest kilowatt-hour per year.
    (4) The integrated annual energy consumption for room air 
conditioners, expressed in kilowatt-hours per year, shall be the sum 
of:
    (i) The average annual energy consumption as determined in 
accordance with paragraph (f)(3) of this section; and
    (ii) The standby mode and off mode energy consumption, as 
determined in accordance with 5.3 of appendix F to this subpart, the 
resulting sum then being rounded off to the nearest kilowatt-hour per 
year.
    (5) The integrated energy efficiency ratio for room air 
conditioners, expressed in Btu's per watt-hour, shall be the quotient 
of:
    (i) The cooling capacity in Btu's per hour as determined in 
accordance with 5.1 of appendix F to this subpart multiplied by the 
representative average-use cycle of 750 hours of compressor operation 
per year, divided by
    (ii) The integrated annual energy consumption as determined in 
accordance with paragraph (f)(4) of this section multiplied by a 
conversion factor of 1,000 to convert kilowatt-hours to watt-hours, the 
resulting quotient then being rounded off to the nearest 0.1 Btu per 
watt-hour.
* * * * *

Appendix D--[Amended]

4. Appendix D to subpart B of part 430 is amended:
    a. By adding introductory text;
    b. By revising section 1. Definitions;
    c. In section 2. Testing Conditions, by:
    1. Revising section 2.2;
    2. Adding new sections 2.2.1 and 2.2.2;
    3. Adding new section 2.3.1.1;
    4. Adding new section 2.4.7;
    5. Revising section 2.6.3(4);
    d. In section 3. Test Methods and Measurements, by:
    1. Revising section 3.5;
    2. Adding new sections 3.6, 3.6.1, through 3.6.4;
    e. In section 4, Calculation of Derived Results From Test 
Measurements, by:
    1. Revising section 4.1;
    2. Adding new sections 4.7 and 4.8.
    The additions and revisions read as follows:

[[Page 74656]]

Appendix D to Subpart B of Part 430--Uniform Test Method for Measuring 
the Energy Consumption of Clothes Dryers

    The procedures and calculations in sections 3.6, 3.6.1 through 
3.6.4, 4.7, and 4.8 of this appendix D need not be performed to 
determine compliance with energy conservation standards for clothes 
dryers established prior to [EFFECTIVE DATE OF FINAL TEST PROCEDURE 
RULE].

1. Definitions

    1.1 ``Active mode'' means a mode in which the clothes dryer is 
performing the main function of tumbling the clothing with or 
without heated or unheated forced air circulation to remove moisture 
from and/or remove or prevent wrinkling of the clothing.
    1.2 ``AHAM'' means the Association of Home Appliance 
Manufacturers.
    1.3 ``Automatic termination control'' means a dryer control 
system with a sensor which monitors either the dryer load 
temperature or its moisture content and with a controller which 
automatically terminates the drying process. A mark or detent which 
indicates a preferred automatic control setting must be present if 
the dryer is to be classified as having an ``automatic termination 
control.'' A mark is a visible single control setting on one or more 
dryer controls.
    1.4 ``Bone dry'' means 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.
    1.5 ``Compact'' or ``compact size'' means a clothes dryer with a 
drum capacity of less than 4.4 cubic feet.
    1.6 ``Cool down'' means that portion of the clothes drying cycle 
when the added gas or electric heat is terminated and the clothes 
continue to tumble and dry within the drum.
    1.7 ``Cycle'' means a sequence of operation of a clothes dryer 
which performs a clothes drying operation, and may include 
variations or combinations of the functions of heating, tumbling and 
drying.
    1.8 ``Cycle finished mode'' means a standby mode that provides 
continuous status display following operation in active mode.
    1.9 ``Delay start mode'' means a standby mode that facilitates 
the activation of active mode by a timer.
    1.10 ``Drum capacity'' means the volume of the drying drum in 
cubic feet.
    1.11 ``HLD-1'' means the test standard promulgated by AHAM and 
titled ``AHAM Performance Evaluation Procedure for Household Tumble 
Type Clothes Dryers'', June 1974, and designated as HLD-1.
    1.12 ``HLD-2EC'' means the test standard promulgated by AHAM and 
titled ``Test Method for Measuring Energy Consumption of Household 
Tumble Type Clothes Dryers,'' December 1975, and designated as HLD-
2EC.
    1.13 ``IEC 62301'' means the test standard published by the 
International Electrotechnical Commission, titled ``Household 
electrical appliances--Measurement of standby power,'' Publication 
62301 (First Edition, 2005-06) (incorporated by reference at 10 CFR 
430.22).
    1.14 ``Inactive mode'' means a standby mode other than delay 
start mode or cycle finished mode that facilitates the activation of 
active mode by remote switch (including remote control), internal 
sensor, or timer, or that provides continuous status display.
    1.15 ``Moisture content'' means the ratio of the weight of water 
contained by the test load to the bone-dry weight of the test load, 
expressed as a percent.
    1.16 ``Moisture sensing control'' means a system which utilizes 
a moisture sensing element within the dryer drum that monitors the 
amount of moisture in the clothes and automatically terminates the 
dryer cycle.
    1.17 ``Off mode'' means a mode in which the clothes dryer is not 
performing any active or standby function.
    1.18 ``Standard size'' means a clothes dryer with a drum 
capacity of 4.4 cubic feet or greater.
    1.19 ``Standby mode'' means the condition in which a clothes 
dryer is connected to a main power source and offers one or more of 
the following user-oriented or protective functions:
    (1) To facilitate the activation or deactivation of other 
functions (including active mode) by remote switch (including remote 
control), internal sensor, or timer;
    (2) Continuous functions, including information or status 
displays (including clocks) or sensor-based functions.
    1.20 ``Temperature sensing control'' means a system which 
monitors dryer exhaust air temperature and automatically terminates 
the dryer cycle.

2. Testing Conditions

* * * * *
    2.2 Ambient temperature and humidity.
    2.2.1 For drying testing, maintain the room ambient air 
temperature at 75  3[deg]F and the room relative 
humidity at 50  10 percent relative humidity.
    2.2.2 For standby and off mode testing, maintain room ambient 
air temperature conditions as specified in Section 4, Paragraph 4.2 
of IEC 62301.
* * * * *
    2.3.1.1 Supply voltage waveform. For the clothes dryer standby 
mode and off mode testing, maintain the electrical supply voltage 
waveform indicated in Section 4, Paragraph 4.4 of IEC 62301.
* * * * *
    2.4.7 Standby mode and off mode watt meter. The watt meter used 
to measure standby mode and off mode power consumption of the 
clothes dryer shall have the resolution specified in Section 4, 
Paragraph 4.5 of IEC 62301. The watt meter shall also be able to 
record a ``true'' average power as specified in Section 5, Paragraph 
5.3.2(a) of IEC 62301.
* * * * *
    2.6.3 Test Cloth Preconditioning
* * * * *
    (4) Bone dry the load as prescribed in Section 1.4 and weigh the 
load.
* * * * *

3. Test Procedures and Measurements

* * * * *
    3.5 Test for automatic termination field use factor credits. 
Credit for automatic termination can be claimed for those dryers 
that meet the requirements for either temperature sensing control, 
1.20, or moisture sensing control, 1.16, and have the appropriate 
mark or detent feed defined in 1.3.
    3.6 Standby mode and off mode power. Establish the testing 
conditions set forth in Section 2, ``Testing Conditions,'' of this 
appendix, omitting the requirement to disconnect all console light 
or other lighting systems on the clothes dryer that do not consume 
more than 10 watts during the clothes dryer test cycle in Section 
2.1. If the clothes dryer waits in a higher power state at the start 
of standby mode or off mode before dropping to a lower power state, 
wait until the clothes dryer passes into the lower power state 
before starting the measurement, as discussed in Section 5, 
Paragraph 5.1, note 1 of IEC 62301. Follow the test procedure 
specified in Section 5, Paragraph 5.3 of IEC 62301 for testing in 
each possible mode as described in Sections 3.61 through 3.64. For 
units in which power varies over a cycle, as described in Section 5, 
Paragraph 5.3.2 of IEC 62301, use the average power approach 
described in Paragraph 5.3.2(a) of IEC 62301.
    3.6.1 If a clothes dryer has an inactive mode, as defined in 
Section 1.14, measure and record the average inactive mode power of 
the clothes dryer, PIA, in watts.
    3.6.2 If a clothes dryer has an off mode, as defined in Section 
1.17, measure and record the average off mode power of the clothes 
dryer, POFF, in watts.
    3.6.3 If a clothes dryer has a delay start mode, as defined in 
section 1.9, test it in this mode by setting it to a delay start 
time of 5 hours, allowing at least 5 minutes for the power to 
stabilize, and then measure and record the average delay start mode 
power of the clothes dryer, PDS, in watts, for the 
following 60 minutes.
    3.6.4 If a clothes dryer has a cycle finished mode, as defined 
in Section 1.8, test it in this mode after termination of a drying 
cycle that does not include operation of the drum or blower after 
the drying cycle is completed. Measure and record the average cycle 
finished mode power of the clothes dryer, PCF, in watts.

4. Calculation of Derived Results From Test Measurements

    4.1 Total per-cycle electric dryer energy consumption. Calculate 
the total electric dryer energy consumption per cycle, 
Ece, expressed in kilowatt-hours per cycle and defined 
as:

Ece = [66/(Ww - Wd)] x 
Et x FU,

Where:
Et = the energy recorded in 3.4.5.
66 = an experimentally established value for the percent reduction 
in the moisture content of the test load during a laboratory test 
cycle expressed as a percent.
FU = Field use factor.
= 1.18 for time termination control systems.
= 1.04 for automatic control systems which meet the requirements of 
the definitions

[[Page 74657]]

for automatic termination controls in 1.3, 1.16, and 1.20.
Ww = the moisture content of the wet test load as 
recorded in 3.4.2.
Wd = the moisture content of the dry test load as 
recorded in 3.4.3.
* * * * *
    4.7 Per-cycle standby mode and off mode energy consumption. 
Calculate the dryer combined standby mode and off mode energy 
consumption per cycle, ETSO, expressed in kWh per cycle 
and defined as:

ETSO = [(PIA x SIA) + 
(POFF x SOFF) + (PDS x 
SDS) + (PCF x SCF)] x K / 416

Where:
PIA = dryer inactive mode power, in watts, as measured in 
section 3.6.1.
POFF = dryer off mode power, in watts, as measured in 
section 3.6.2.
PDS = dryer delay start mode power, in watts, as measured 
in section 3.6.3.
PCF = dryer cycle finished mode power, in watts, as 
measured in section 3.6.4.
    If the clothes dryer has both inactive mode and off mode, 
SIA and SOFF both equal STOT/2, 
where STOT is the total inactive and off mode annual 
hours, determined from the following table;
    If the clothes dryer has an inactive mode but no off mode, the 
inactive mode annual hours, SIA, is equal to 
STOT and the off mode annual hours, SOFF, is 
equal to 0;
    If the clothes dryer has an off mode but no inactive mode, 
SIA is equal to 0 and SOFF is equal to 
STOT;
SDS = dryer delay start mode annual hours, as determined 
from the following table;
SCF = dryer cycle finished mode annual hours, as 
determined from the following table;
K = 0.001 kWh/Wh conversion factor for watt-hours to kilowatt-hours; 
and
416 = representative average number of clothes dryer cycles in a 
year.

 
----------------------------------------------------------------------------------------------------------------
                                                                      Clothes dryer standby modes present
                                                             ---------------------------------------------------
                                                                                                       No delay
                        Annual hours                          Delay start                 No cycle     start or
                                                               and cycle     No delay     finished      cycle
                                                                finished    start mode      mode       finished
                                                                 modes                                  modes
----------------------------------------------------------------------------------------------------------------
SDS.........................................................           34            0           34            0
SCF.........................................................          429          431            0            0
STOT........................................................        8,157        8,189        8,586        8,620
----------------------------------------------------------------------------------------------------------------

    4.8 Per-cycle integrated total energy consumption expressed in 
kilowatt-hours. Calculate the per-cycle integrated total energy 
consumption, ECI, expressed in kilowatt-hours per cycle and defined 
for an electric clothes dryer as:

ECI = Ece + ETSO,

Where:
Ece = the energy recorded in 4.1, and
ETSO = the energy recorded in 4.7,
and for a gas clothes dryer as:
ECI = Ecg + ETSO,

Where:
Ecg = the energy recorded in 4.6, and
ETSO = the energy recorded in 4.7.
* * * * *

Appendix F--[Amended]

5. Appendix F to subpart B of part 430 is amended by:
    a. Adding introductory text;
    b. Redesignating sections 1 through 4 as 2 through 5;
    c. Adding new sections 1 and 1.1 through 1.7;
    d. Revising newly redesignated section 2;
    e. Revising newly redesignated section 3;
    f. Revising newly redesignated section 4; and
    g. Adding new section 5.3.
The additions and revisions read as follows:

Appendix F to Subpart B of Part 430--Uniform Test Method for Measuring 
the Energy Consumption of Room Air Conditioners

    The procedures and calculations in sections 4.2, 4.2.1 through 
4.2.4, and 5.3 of this appendix F need not be performed to determine 
compliance with energy conservation standards for room air 
conditioners established prior to [EFFECTIVE DATE OF FINAL TEST 
PROCEDURE RULE].

1. Definitions

    1.1 ``Active mode'' means a mode in which the room air 
conditioner is performing the main function of cooling or heating 
the conditioned space, or circulating air through activation of its 
fan or blower, with or without energizing active air-cleaning 
components or devices such as ultraviolet (UV) radiation, 
electrostatic filters, ozone generators, or other air-cleaning 
devices.
    1.2 ``Delay start mode'' means a standby mode in which 
activation of an active mode is facilitated by a timer.
    1.3 ``IEC 62301'' means the test standard published by the 
International Electrotechnical Commission, titled ``Household 
electrical appliances--Measurement of standby power,'' Publication 
62301 (First Edition 2005-06) (incorporated by reference at 10 CFR 
430.22).
    1.4 ``Inactive mode'' means a standby mode other than delay 
start mode or off-cycle mode that facilitates the activation of 
active mode by remote switch (including remote control) or internal 
sensor or which provides continuous status display.
    1.5 ``Off mode'' means a mode in which a room air conditioner is 
not performing any active or standby function.
    1.6 ``Off-cycle mode'' means a standby mode in which the room 
air conditioner:
    (1) Has cycled off its main function by thermostat or 
temperature sensor;
    (2) Does not have its fan or blower operating; and
    (3) Will reactivate the main function according to the 
thermostat or temperature sensor signal.
    1.7 ``Standby mode'' means the condition in which a room air 
conditioner is connected to the main power source and offers one or 
more of the following user-oriented or protective functions:
    (1) To facilitate the activation or deactivation of other 
functions (including active mode) by remote switch (including remote 
control), internal sensor, or timer; and/or
    (2) Continuous functions, including information or status 
displays (including clocks) or sensor-based functions.

2. Test Methods

    2.1 Cooling mode. The test method for testing room air 
conditioners in cooling mode shall consist of application of the 
methods and conditions in American National Standard (ANS) Z234.1-
1972, ``Room Air Conditioners,'' Sections 4, 5, 6.1, and 6.5, and in 
American Society of Heating, Refrigerating and Air-Conditioning 
Engineers (ASHRAE) Standard 16-69, ``Method of Testing for Rating 
Room Air Conditioners.''
    2.2 Standby and off modes. The method for testing room air 
conditioners in standby and off modes shall consist of application 
of the methods and conditions in IEC 62301, as modified by the 
requirements of this standard. The testing may be conducted in test 
facilities used for testing cooling mode. If testing is not 
conducted in such a facility, the test facility shall comply with 
IEC 62301 Section 4.2.

3. Test Conditions

    3.1 Cooling mode. Establish the test conditions described in 
Sections 4 and 5 of ANS Z234.1-1972 and in accordance with ASHRAE 
Standard 16-69.
    3.2 Standby and off modes.
    3.2.1 Test room conditions. If the standby and off mode testing 
is conducted in a facility that is also used for testing cooling 
mode, or in a similar facility with separate room side and outdoor 
side compartments, maintain both the room side and outdoor side 
compartment temperatures at 74  2 [deg]F. If the unit is 
equipped with an outdoor air

[[Page 74658]]

ventilation damper, close this damper during testing. Requirements 
for maintaining temperature levels in the controlled-temperature air 
space outside the test compartments of a balanced ambient test 
chamber, as described in ASHRAE Standard 16-69, are waived for all 
standby and off mode testing. If the standby and off mode testing is 
conducted in a facility without separate compartments, maintain the 
ambient temperature at 74  2 [deg]F for testing all 
modes. Air velocities near the room air conditioner shall be no more 
than 100 feet per minute. The ambient air temperature variation from 
minimum to maximum shall be no more than 3 [deg]F at locations 
within 12 inches of all sides of the room air conditioner at 
elevations from the bottom edge to the top edge of the air 
conditioner.
    3.2.2 Power supply. Maintain power supply conditions specified 
in section 4.3 of IEC 62301. Use room air conditioner nameplate 
voltage and frequency as the basis for power supply conditions. 
Maintain power supply voltage waveform according to the requirements 
of section 4.4 of IEC 62301.
    3.2.3 Watt meter. The watt meter used to measure standby mode 
and off mode power consumption of the room air conditioner shall 
have the resolution specified in Section 4, Paragraph 4.5 of IEC 
62301. The watt meter shall also be able to record a ``true'' 
average power specified in Section 5, Paragraph 5.3.2(a) of IEC 
62301.
    3.2.4 Install the room air conditioner in the test facility 
either as required by ASHRAE Standard 16-69, if standby and off mode 
testing is conducted in a facility that is also used for testing the 
cooling mode, or, if standby and off mode testing is conducted in a 
facility without separate compartments, place the room air 
conditioner in the facility with a minimum of 2 feet of clearance to 
any walls or obstructions.

4. Measurements.

    4.1 Cooling mode. Measure the quantities delineated in Section 5 
of ANS Z234.1-1972.
    4.2 Standby and off modes. Establish the testing conditions set 
forth in Section 3.2. For room air conditioners that drop from a 
higher power state to a lower power state as discussed in Section 5, 
Paragraph 5.1, note 1 of IEC 62301, allow sufficient time for the 
room air conditioner to reach the lower power state before 
proceeding with the test measurement. Follow the test procedure 
specified in Section 5, Paragraph 5.3 of IEC 62301. For units in 
which power varies over a cycle, as described in Section 5, 
Paragraph 5.3.2 of IEC 62301, use the average power approach in 
Paragraph 5.3.2(a). For testing all standby and off modes for which 
a control setpoint or thermostat can be adjusted for the room air 
conditioner, adjust the setpoint or thermostat to 79 [deg]F.
    4.2.1 If a room air conditioner has an inactive mode, as defined 
in Section 1.5, measure and record the average inactive mode power 
of the room air conditioner, PIA, in watts.
    4.2.2 If a room air conditioner has an off mode, as defined in 
Section 1.6, measure and record the average off mode power of the 
room air conditioner, POFF, in watts.
    4.2.3 If a room air conditioner has a delay start mode, as 
defined in section 1.3, test it in this mode by setting it to a 
delay start time of 5 hours, allowing at least 5 minutes for the 
power input to stabilize, and then measure and record the average 
delay start mode power of the room air conditioner, PDS, 
in watts, for the following 60 minutes.
    4.2.4 If a room air conditioner has an off-cycle mode, as 
defined in Section 1.7, measure and record the average off-cycle 
mode power of the room air conditioner, PCF, in watts.

5. Calculations.

* * * * *
    5.3 Standby mode and off mode annual energy consumption. 
Calculate the standby mode and off mode annual energy consumption 
for room air conditioners, ETSO, expressed in kilowatt-
hours per year, according to the following:
ETSO = [(PIA x SIA) + 
(POFF x SOFF) + (PDS x 
SDS) + (POC x SOC)] x K

Where:
PIA = room air conditioner inactive mode power, in watts, 
as measured in section 4.2.1
POFF = room air conditioner off mode power, in watts, as 
measured in section 4.2.2.
PDS = room air conditioner delay start mode power, in 
watts, as measured in section 4.2.3.
POC = room air conditioner off-cycle mode power, in 
watts, as measured in section 4.2.4.
    If the room air conditioner has both inactive mode and off mode, 
SIA and SOFF both equal STOT/2, 
where STOT is the total inactive and off mode annual 
hours, determined from the following table;
    If the room air conditioner has an inactive mode but no off 
mode, the inactive mode annual hours, SIA, is equal to 
STOT and the off mode annual hours, SOFF, is 
equal to 0;
    If the room air conditioner has an off mode but no inactive 
mode, SIA is equal to 0 and SOFF is equal to 
STOT;
SDS = room air conditioner delay start mode annual hours, 
as determined from the following table;
SOC = room air conditioner off-cycle mode annual hours, 
as determined from the following table; and
K = 0.001 kWh/Wh conversion factor for watt-hours to kilowatt-hours.

----------------------------------------------------------------------------------------------------------------
                                                                  Room air conditioner standby modes present
                                                             ---------------------------------------------------
                                                                                                       No delay
                        Annual hours                          Delay start    No delay     No off-      start or
                                                                and off-    start mode   cycle mode   off-cycle
                                                              cycle modes                                mode
----------------------------------------------------------------------------------------------------------------
SDS.........................................................           90            0           90            0
SOC.........................................................          440          470            0            0
STOT........................................................        4,850        4,880        5,070        5,115
----------------------------------------------------------------------------------------------------------------

[FR Doc. E8-28952 Filed 12-8-08; 8:45 am]
BILLING CODE 6450-01-P