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

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URL: https://www.frixlaw.com/law-library/documents/fr%3A2010-15025

## Record

- **Collection:** Federal Register
- **Document type:** Proposed Rule
- **Published:** June 29, 2010
- **Citation:** 75 FR 37594

## Text

DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket No. EERE-2008-BT-TP-0010]
RIN 1904-AC02
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:

Supplemental notice of proposed rulemaking and public meeting.

SUMMARY:

On December 9, 2008, the U.S. Department of Energy (DOE) published a notice of proposed rulemaking (NOPR) in which it proposed amendments to 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 in order to implement recent amendments under the Energy Independence and Security Act of 2007 (EISA 2007) to the Energy Policy and Conservation Act (EPCA). In response to comments on the NOPR, DOE conducted additional investigations to address certain issues raised in these comments. In today's supplemental notice of proposed rulemaking (SNOPR), DOE is continuing to propose amendments to incorporate into its test procedures relevant provisions from the International Electrotechnical Commission (IEC) Standard 62301, “Household electrical appliances—Measurement of standby power,” First Edition 2005-06, including language to clarify application of these provisions for measuring standby mode and off mode power consumption in clothes dryers and room air conditioners. In addition, DOE is proposing to adopt definitions of modes based on the relevant provisions from IEC Standard 62301 Second Edition Committee Draft for Vote. DOE is also proposing to amend its test procedures for clothes dryers and room air conditioners to address active mode energy use. Specifically, today's proposal addresses testing methods for clothes dryer automatic cycle termination, vent-less clothes dryers, test cloth preconditioning for clothes dryer energy tests, test conditions for gas clothes dryers, and current clothes dryer usage patterns and capabilities as well as the references in the current room air conditioner and clothes dryer test procedure. DOE will hold a public meeting to discuss and receive comments on the issues presented in this notice.

DATES:

DOE will hold a public meeting on Wednesday, July 14, 2010 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, July 7, 2010. DOE must receive a signed original and an electronic copy of statements to be given at the public meeting before 4 p.m., Wednesday, July 7, 2010.

DOE will accept comments, data, and information regarding the SNOPR before and after the public meeting, but no later than
August 30, 2010
.
See
section VI, “Public Participation,” of this SNOPR for details.

ADDRESSES:

The public meeting will be held at the U.S. Department of Energy, Forrestal Building, Room 1E-245, 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 SNOPR 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-AC02. 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: AHAM2-2008-TP-0010@hq.doe.gov.
Include docket number EERE-2008-BT-TP-0010 and/or RIN 1904-AC02 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 VI, “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:

Ms. Margaret Sullivan, 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) 287-1604.
E-mail: Margaret.Sullivan@ee.doe.gov.

Mr. Francine Pinto, U.S. Department of Energy, Office of the General Counsel, GC-72, 1000 Independence Avenue, SW., Washington, DC 20585-0121.
Telephone:
(202) 586-7432.
E-mail: Francine.Pinto@hq.doe.gov.

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: Brenda.Edwards@ee.doe.gov.

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. Clothes Dryer and Room Air Conditioner Standby Mode and Off Mode Test Procedures

1. Incorporating by Reference IEC Standard 62301 for Measuring Standby Mode and Off Mode Power in Clothes Dryers and Room Air Conditioners

2. Determination of Modes To Be Incorporated

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

a. Clothes Dryers

b. Room Air Conditioners

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

a. Clothes Dryers

b. Room Air Conditioners

5. Measures of Energy Consumption

a. Clothes Dryers

b. Room Air Conditioners

C. Clothes Dryer and Room Air Conditioner Active Mode Test Procedures

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

2. Automatic Cycle Termination for Clothes Dryers

3. Test Procedure for Vent-Less Clothes Dryers

4. Detergent Specifications for Clothes Dryer Test Cloth Preconditioning

5. Changes To Reflect Current Usage Patterns and Capabilities

a. Clothes Dryer Number of Annual Cycles

b. Clothes Dryer Initial Remaining Moisture Content

c. Clothes Dryer Test Load Weight

d. Room Air Conditioner Annual Operating Hours

e. Room Air Conditioner Part-Load Performance

f. Room Air Conditioner Ambient Test Conditions

6. Room Air Conditioner Referenced Test Procedures

7. Clothes Dryer Referenced Test Procedure

8. Technical Correction for the Per-Cycle Gas Dryer Continuously Burning Pilot Light Gas Energy Consumption

9. Clarification of the Gas Supply Test Conditions for Gas Clothes Dryers

D. 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. Effects of Test Procedure Revisions on Compliance With Standards

V. 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

VI. 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. Network Mode

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. Clothes Dryer Testing Procedures To Account for Automatic Cycle Termination

10. Water Temperature for Clothes Dryer Test Load Preparation

11. Cycles and Settings for Timer Dryer and Automatic Termination Control Dryer Testing

12. Cool-Down Period for Automatic Termination Control Dryer Testing

13. Incorporation of Testing Procedures for Vent-Less Clothes Dryers

14. Number of Valid Clothes Dryer Test Cycles

15. Detergent Specifications for Test Cloth Preconditioning

16. Clothes Dryer Number of Annual Use Cycles

17. Clothes Dryer Initial Remaining Moisture Content

18. Clothes Dryer Test Load Weight

19. Room Air Conditioner Annual Operating Hours

20. Room Air Conditioner Ambient Test Conditions

21. Room Air Conditioner Referenced Test Procedures

22. Clothes Dryer Referenced Test Procedure

23. Technical Correction for the per-Cycle Gas Dryer Continuously Burning Pilot Light Gas Energy Consumption

24. Clarification of Gas Supply Test Conditions for Gas Clothes Dryers

25. Effects of Test Procedure Revisions on Compliance With Energy Conservation Standards

VII. 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)).

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.

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 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 any 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. In determining the amended energy conservation standard, the Secretary shall measure, pursuant to the amended test procedure, the energy efficiency, energy use, or water use of a representative sample of covered products that minimally comply with the existing standard. The average of such energy efficiency, energy use, or water use levels determined under the amended test procedure shall constitute the amended energy conservation standard for the applicable covered products. (42 U.S.C. 6293(e)(2)) EPCA also states that models of covered products in use before the date on which the amended energy conservation standard becomes effective (or revisions of such models that come into use after such date and have the same energy efficiency, energy use, or water use characteristics) that comply with the energy conservation standard applicable to such covered products on the day before such date shall be deemed to comply with the amended energy conservation standard. (42 U.S.C. 6293(e)(3))

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.

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)

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).

3
ANSI standards are available for purchase at
http://www.ansi.org.

4
ASHRAE standards are available for purchase at
http://www.ashrae.org.

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 [“Household electrical appliances-measurement of standby power,” First Edition 2005-06 (IEC Standard 62301)]
6 7

and IEC Standard 62087 [“Methods of measurement for the power consumption of audio, video, and related equipment,” Second Edition 2008-09].
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))

5
Public Law 110-140 (enacted Dec. 19, 2007).

6
IEC standards are available for purchase at:
http://www.iec.ch.

7
Multiple editions of this standard are referenced in this final rule. Unless otherwise indicated, the terms “IEC Standard 62301” or “IEC Standard 62301 First Edition” refer to “Household electrical appliances-measurement of standby power,” First Edition 2005-06.

The EISA 2007 amendments to EPCA also provide 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)) The test procedure amendments regarding provisions for standby mode and off mode 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 is proposing added language to the regulations codified in the CFR that would state that any added procedures and calculations for standby mode and off mode energy consumption resulting from EISA 2007 need not be performed at this time to determine compliance with the current energy conservation standards. Subsequently, manufacturers would be required to use the amended test procedures' standby mode 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 the products that address standby mode and off mode energy consumption, at which time the limiting statement in the DOE test procedure would be removed. Further clarification would also be provided that as of 180 days after publication of a test procedure final rule, any representations as to the standby mode and off mode energy consumption of the products that are the subject of this rulemaking would need to be based upon results generated under the applicable provisions of this test procedure. (42 U.S.C. 6293(c)(2))

On October 9, 2007, DOE published a notice in the
Federal Register
announcing the availability of a framework document to initiate a 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 comment from interested parties 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 (RMC)
8

in clothes loads; (2) account for fewer annual use cycles; and (3) add the capability to test vent-less clothes dryers. (Framework Document, STD No. 1 at pp. 4-6)
9

DOE also received comments in response to the October 2007 Framework Document that it should consider changes to the dryer test load size. 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, STD No. 1 at pp. 6-7) For room air conditioners, DOE also received comments in response to the October 2007 Framework Document that it should consider changes to the ambient test conditions. Because the October 2007 Framework Document was issued before the enactment of EISA 2007, possible amendments identified at that time for the clothes dryer and room air conditioner test procedures did not address standby mode or off mode energy use.

8
RMC is 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.

9
A notation in this form provides a reference for information that is in the docket of DOE's rulemaking to develop energy conservation 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 for the clothes dryer and room air conditioner energy conservation standards rulemaking, and appears at pages 4-6 of that document.

DOE published a notice of proposed rulemaking (NOPR) on December 9, 2008 (December 2008 TP NOPR), in which it proposed a number of revisions

and additions to its test procedures for clothes dryers and room air conditioners, consisting largely of provisions to address the new statutory requirement to expand test procedures to incorporate a measure of standby mode and off mode energy consumption. 73 FR 74639.

The NOPR was issued on December 2, 2008, although it was formally published on December 9, 2008 (
Id.
), and the proposals in the NOPR were addressed at a public meeting on December 17, 2008 (December 2008 Public Meeting). In addition, DOE invited written comments, data, and information on the December 2008 TP NOPR, and accepted such material through February 23, 2009.

DOE received oral comments from interested parties at the December 2008 Public Meeting and subsequently received four written comments. The principal test procedure issues on which interested parties commented were: (1) The establishment of multiple low power or standby modes for both clothes dryers and room air conditioners; (2) the number of annual hours associated with active, standby, and off modes for the calculation of energy use; (3) the consideration of an additional standby mode (a “network mode”); (4) the potential clarification of the definitions of standby and off mode; (5) the harmonization of mode definitions and testing procedures with the rest of the world, in particular the consideration of IEC Standard 62301 Second Edition, Committee Draft 2 (IEC Standard 62301 CD2); and (6) the potential integration of standby and off mode energy use and active mode energy use into a single energy-use metric.

DOE determined after the December 2008 TP NOPR was published that it would continue the clothes dryer and room air conditioner test procedure rulemaking to allow for consideration of a revised version of IEC Standard 62301,
i.e.,
IEC Standard 62301 Second Edition, which at that time was expected to be published in July 2009. DOE anticipated, based on review of drafts of the updated IEC Standard 62301, that the revisions could include different mode definitions. DOE expected to publish a supplemental notice of proposed rulemaking (SNOPR) for the test procedure rulemaking in which the new mode definitions from the revised IEC Standard 62301 would be considered. However, more recently, DOE received information that IEC Standard 62301 Second Edition would not be published until late 2010, which would not be in time for the consideration of standby and off mode power consumption in the concurrent energy conservation standards rulemaking. DOE, therefore, determined to publish today's SNOPR to consider the new mode definitions from the most recent draft version of IEC Standard 62301 Second Edition, designated as IEC Standard 62301 Second Edition, Committee Draft for Vote (IEC Standard 62301 CDV). DOE noted that the IEC first proposed revisions to IEC Standard 62301 to develop IEC Standard 62301 Second Edition by circulating IEC Standard 62301 Second Edition, Committee Draft 1 on November 16, 2007. IEC subsequently revised the proposed amendments to IEC Standard 62301 and circulated IEC Standard 62301 CD2 on October 17, 2008. Most recently, the IEC again revised the proposed amendments and circulated IEC Standard 62301 CDV on August 28, 2009. IEC Standard 62301 CDV contains the most recent proposed amendments to IEC Standard 62301, including new mode definitions. IEC Standard 62301 CDV revised the proposed mode definitions from those proposed in the previous draft version IEC Standard 62301 CD2 and addresses comments received by interested parties in response to IEC Standard 62301 CD2. DOE, therefore, believes that such new mode definitions represent the best definitions available for the analysis in support of today's SNOPR.

In the December 2008 TP NOPR, DOE's proposal was limited to amendments to its test procedures for clothes dryers and room air conditioners to include methods for measuring standby mode and off mode power consumption. DOE determined after the December 2008 TP NOPR to conduct a rulemaking to address the active mode test procedure issues for clothes dryers and room air conditioners, including those on which it requested comment in the October 2007 Framework Document. Because DOE decided to continue the test procedure rulemaking concerning standby mode and off mode power consumption, DOE intends to address in today's SNOPR the balance of the test procedure issues relating to active mode for clothes dryers and room air conditioners.

Any test procedure amendments regarding the active mode test provisions for clothes dryers and room air conditioners will become effective 30 days after the date of publication in the
Federal Register
of the final rule in this test procedures rulemaking. However, as of 180 days after publication of a test procedure final rule, any representations with respect to the energy use or efficiency or cost of energy consumed of the products that are the subject of this rulemaking would need to be based upon results generated under the applicable provisions of these amended test procedures. (42 U.S.C. 6293(c)(2))

This test procedure rulemaking is anticipated to support a concurrent energy conservation standards rulemaking for residential clothes dryers 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”),
10

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).

10
61 FR 36974 (July 15, 1996) (
establishing
10 CFR part 430, subpart C, appendix A).

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. Because 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.

This test procedure rulemaking will fulfill the seven-year review requirement prescribed by EISA 2007. At least once every 7 years, the Secretary shall review test procedures for all covered products and—amend test procedures with respect to any covered product or publish notice in the
Federal Register
of any determination not to amend a test procedure. (42 U.S.C. 6293(b)(1)(A))

II. Summary of the Proposal

In today's SNOPR, 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; (2) address the statutory requirement to expand test procedures to incorporate measures of standby mode and off mode power consumption; (3) adopt technical changes and procedures for more accurately measuring the effects of different automatic termination technologies in clothes dryers; (4) expand the clothes dryer test procedures to accommodate vent-less clothes dryers being considered for coverage under an amended energy conservation standard; (5) update detergent specifications for clothes dryer test cloth preconditioning; (6) adopt technical changes to better reflect current usage patterns and capabilities for the covered products; (7) update the references to external test procedures in the DOE room air conditioner and clothes dryer test procedure; and (8) clarify the test conditions for gas clothes dryers. The following paragraphs summarize these proposed changes.

In amending the current test procedures, DOE proposed in the December 2008 TP NOPR to incorporate by reference into both the clothes dryer and room air conditioner test procedures specific clauses from IEC Standard 62301 regarding test conditions and test procedures for measuring standby mode and off mode power consumption. This proposal is not affected by this SNOPR, in which DOE proposes to incorporate into each test procedure the definitions of “active mode,” “standby mode,” and “off mode” that are based on the definitions provided in the latest draft version of IEC Standard 62301 Second Edition, designated as IEC Standard 62301 CDV. As discussed in section III.B.1, DOE believes that the new mode definitions contained in IEC Standard 62301 CDV represent a substantial improvement over those in IEC Standard 62301 and demonstrate significant participation of interested parties in the development of the best possible definitions. Further, DOE proposes to include in each test procedure additional language that would clarify the application of clauses from IEC Standard 62301 and the mode definitions from IEC Standard 62301 CDV for measuring standby mode and off mode power consumption.
11

11
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.

For reasons discussed in section III.B.2 for clothes dryers, DOE is proposing in today's SNOPR a definition and testing procedures for a single standby mode, rather than the multiple standby modes—a general “inactive” mode, a “cycle finished” mode, and a “delay start” mode—that were proposed in the December 2008 TP NOPR. 73 FR 74639, 74645. DOE is also proposing to establish new methods to calculate clothes dryer standby mode and off mode energy use and to adopt a new measure of energy efficiency (Combined Energy Factor (CEF)) that includes energy use in the standby mode and off mode. The proposed amendments regarding standby mode and off mode would not change the method to calculate the existing clothes dryer energy efficiency metric for active mode only, which is the energy factor (EF).

Similarly, for reasons discussed in section III.B.2 for room air conditioners, DOE is proposing in today's SNOPR a definition and testing procedures for a single standby mode, rather than the multiple standby modes—a general “inactive” mode, a “delay start” mode, and an “off-cycle” mode—as was proposed in the December 2008 TP NOPR. 73 FR 74639, 74645. In the December 2008 TP NOPR, DOE also proposed that standby mode and off mode testing be conducted with room-side air temperature at 74 ± 2 degrees Fahrenheit (°F), with a temperature control setting of 79 °F. 73 FR 74639, 74646. However, upon further consideration, DOE determined that, because the proposed test procedure would be limited to the measurement of a single standby mode and an off mode, the proposed close tolerance on ambient temperature and the proposed temperature setting of 79 °F, which were relevant only for an off-cycle standby mode measurement, would not be required. Therefore, DOE is no longer proposing to include these requirements for testing conditions in today's SNOPR. DOE is also proposing in today's SNOPR new methods to calculate room air conditioner standby mode and off mode energy use and to adopt a new measure of energy efficiency (Combined Energy Efficiency Ratio (CEER)) that includes energy use in the standby mode and the off mode. The proposed amendments regarding standby mode and off mode would not change the method to calculate the existing room air conditioner energy efficiency metric for active mode only, which is the energy efficiency ratio (EER).

Based upon comments from interested parties in response to the October 2007 Framework Document and investigations of international test standards, DOE believes that the benefit of automatic cycle termination should be more accurately credited in its clothes dryer test procedure. Therefore, DOE proposes to revise this test procedure to include definitions of and provisions for testing both timer dryers and automatic termination control dryers using methodology provided in Australia/New Zealand (AS/NZS) Standard 2442.1: 1996, “Performance of household electrical appliances—Rotary clothes dryers, Part 1: Energy consumption and performance” (AS/NZS Standard 2442.1) and AS/NZS Standard 2442.2: 2000, “Performance of household electrical appliances—Rotary clothes dryers, Part 2: Energy labeling requirements” (AS/NZS Standard 2442.2). AS/NZS Standard 2442 is an internationally accepted testing

standard that provides testing methods to account for the over-drying energy consumption associated with both timer dryers and automatic termination control dryers. DOE has evaluated AS/NZS Standard 2442 and determined that it provides an accurate testing methodology for measuring the energy consumption for both timer and automatic termination control dryers while also accounting for over-drying energy consumption. Therefore, DOE is proposing to incorporate the testing methods from these international test standards, along with a number of added clarifications, to measure the energy consumption for both timer dryers and automatic termination control dryers, accounting for the amount of over-drying energy consumption,
i.e.,
the energy consumed by the clothes dryer after the load reaches an RMC of 5 percent. The proposed amendments would provide methods for timer dryers to measure the per-cycle energy consumption required to reach a final RMC of no more than 5 percent, and continuing to apply the effective energy efficiency penalty for timer dryer over-drying energy consumption provided by the fixed field use (FU) factor in the current test procedure. For automatic termination control dryers, the dryer would be tested using an automatic termination setting, allowing the dryer to run until the heater switches off for the final time at the end of the drying cycle, to achieve a final RMC of no more than 5 percent. Any energy consumed once the RMC is less than 5 percent would be considered over-drying. Based on the proposed test methods, an automatic termination control dryer that is able to dry the test load to close to 5-percent RMC, and thus minimize over-drying, will show a higher efficiency than if that same dryer were to over-dry the test load to an RMC less than 5 percent. The energy consumed by over-drying the test load would be included in the per-cycle energy consumption, and would result in a reduction in the measured EF.

As discussed in section III.C.3, DOE intends to analyze potential energy conservation standards for vent-less clothes dryers in a separate rulemaking. Therefore, provisions must be added to the DOE clothes dryer test procedure for measuring the energy efficiency performance in vent-less clothes dryers. DOE is proposing in today's SNOPR to amend the current clothes dryer test procedure to include provisions for testing vent-less clothes dryers based upon the alternate test procedure that DOE previously presented in “Energy Conservation Program for Consumer Products: Publication of the Petition for Waiver and Denial of the Application for Interim Waiver of LG Electronics from the Department of Energy Clothes Dryer Test Procedures.” (LG Petition for Waiver) 71 FR 49437 (Aug. 23, 2006). Further, DOE proposes to include in the test procedure additional language based upon provisions from European Standard EN 61121, “Tumble dryers for household use—Methods for measuring the performance,” Edition 3 2005 (EN Standard 61121) that would clarify the alternate test procedure presented in the LG Petition for Waiver. EN Standard 61121 is an internationally accepted test standard that provides methods for testing vent-less clothes dryers. The clarifications would require that if a vent-less clothes dryer is equipped with a condensation box (which would store condensed moisture removed from the air exiting the drum until later manual removal by the user), the dryer would be tested with such condensation box installed as specified by the manufacturer. In addition, the clarifications would provide that if the clothes dryer stops the test cycle for the reason that the condensation box is full, the test would not be valid. The clarifications would also require that the condenser heat exchanger not be taken out of the dryer between tests. Finally, the proposed clarifications would address clothes dryer preconditioning for vent-less dryers.

In addition, based upon comments from interested parties in response to the October 2007 Framework Document and data on consumer usage patterns, DOE is proposing to amend the DOE test procedure for clothes dryers to reflect current usage patterns and capabilities. DOE proposes to revise the number of annual use cycles from the 416 cycles per year currently specified by the DOE test procedure, to 283 cycles per year for all types (
i.e.,
product classes) of clothes dryers based on data from the Energy Information Administration (EIA)'s 2005 “Residential Energy Consumption Survey” (RECS)
12 13

for the number of laundry loads (clothes washer cycles) washed per week and the frequency of clothes dryer use. DOE is also proposing to revise the 70-percent initial RMC required by the test procedure to 47 percent to accurately represent the current condition of laundry loads after a wash cycle, based on shipment-weighted RMC data for clothes washers submitted by the Association of Home Appliance Manufacturers (AHAM) and based on a distribution of RMC values for clothes washer models listed in the December 22, 2008, California Energy Commission (CEC) directory. In addition, DOE is proposing to change the 7-pound (lb) clothes dryer test load size specified by the current test procedure for standard-size clothes dryers to 8.45 lb, based on the historical trends of clothes washer tub volumes and the corresponding percentage increase in clothes washer test load sizes (as specified by the DOE clothes washer test procedure), which is assumed to proportionally impact dryer load sizes. DOE believes most compact clothes dryers are used in conjunction with compact-size clothes washers, and DOE does not have any information to suggest that the tub volume of such clothes washers has changed significantly. Therefore, DOE is not proposing to change the 3-lb test load size currently specified in its clothes dryer test procedure for compact clothes dryers.

12
U.S. Department of Energy—Energy Information Administration. “Residential Energy Consumption Survey,” 2005 Public Use Data Files, 2005. Washington, DC. Available online at:
http://www.eia.doe.gov/emeu/recs/.

13
EIA's 2005 RECS is the latest available version of this survey.

For clothes dryers, DOE is also proposing to revise the detergent specifications for test cloth preconditioning due to obsolescence of the detergent specified in the test procedure, to eliminate an unnecessary reference to an obsolete industry clothes dryer test standard, and to amend the provisions in its test procedure which specify test conditions for gas clothes dryers to clarify the required gas supply pressure.

For room air conditioners, based upon comments received on the October 2007 Framework Document, DOE is proposing to update the references in its current room air conditioner test procedure to incorporate the most recent ANSI and ASHRAE test standards—ANSI/AHAM RAC-1-R2008, “Room Air Conditioners,” (ANSI/AHAM RAC-1-R2008) and ANSI/ASHRAE Standard 16-1983 (RA 2009) “Method of Testing for Rating Room Air Conditioners and Packaged Terminal Air Conditioners” (ANSI/ASHRAE Standard 16-1983 (RA 2009)). DOE has also determined that the 750 annual operating hours specified by the current DOE test procedure is representative of current usage patterns, based upon its interpretation of data from the 2005 RECS and, therefore, is not proposing to amend the annual usage hours specified by the current DOE test procedure for room air conditioners.

As noted above in section I, EPCA requires that 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 during the rulemaking carried out with respect to such test procedure. In determining the amended energy conservation standard, the Secretary shall measure, pursuant to the amended test procedure, the energy efficiency, energy use, or water use of a representative sample of covered products that minimally comply with the existing standard. (42 U.S.C. 6293(e)(2)) 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))

These amended clothes dryer and room air conditioner 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. Because the proposed amendments to the test procedures for measuring standby mode and off mode energy consumption would not alter the existing measures of energy consumption or efficiency for clothes dryers and room air conditioners, the proposed amendments would not affect a manufacturer's ability to comply with current energy conservation standards. Manufacturers would not be required to use the amended test procedures' standby mode and off mode provisions until the mandatory compliance date of amended clothes dryer and room air conditioner energy conservation standards. All representations related to standby mode and off mode energy consumption of both clothes dryers and room air conditioners made 180 days after the date of publication of the test procedures final rule in the
Federal Register
and before the compliance date of amended energy conservation standards must be based upon the standby and off mode requirements of the amended test procedures. (42 U.S.C. 6293(c)(2))

Furthermore, DOE has investigated how each of the proposed amendments to the active mode provisions in its clothes dryer and room air conditioner test procedures in today's SNOPR would affect the measured efficiency of products. DOE has addressed this requirement for each of the proposed amendments individually in section III.C.

III. Discussion

A. Products Covered by the Test Procedure Changes

Today's proposed amendments to DOE's clothes dryer test procedure cover both electric clothes dryers, which DOE's regulations define to mean 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). The amendments also address gas clothes dryers, which DOE defines to mean 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).

These definitions and the proposed amendments discussed below 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 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.

This definition and the proposed amendments discussed below 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.

DOE is not proposing in today's SNOPR to change the definitions for clothes dryers and room air conditioners in DOE's regulations.

B. Clothes Dryer and Room Air Conditioner Standby Mode and Off Mode Test Procedures

1. Incorporating by Reference IEC Standard 62301 for Measuring Standby Mode and Off Mode Power in Clothes Dryers and Room Air Conditioners

As noted in the December 2008 TP NOPR, DOE considered, pursuant to EPCA, 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)) 73 FR 74639, 74643-44 (Dec. 9, 2008). DOE noted that IEC Standard 62087 specifies methods of measuring the power consumption of TV receivers, videocassette recorders (VCRs), set top boxes, audio equipment, and multi-function equipment for consumer use. IEC Standard 62087 does not include measurement for the power consumption of electrical appliances such as clothes dryers and room air conditioners. Therefore, DOE has tentatively determined that IEC Standard 62087 was unsuitable for potential amendments to the clothes dryer and room air conditioner test procedures. 73 FR 74639, 74643 (Dec. 9, 2008). 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. 73 FR 74643-44 (Dec. 9, 2008).

DOE proposed in the December 2008 TP NOPR 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: 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 also proposed to reference these same provisions in the DOE test procedure for room air conditioners, as well as section 4, paragraph 4.3, “Power supply.” 73 FR 74639, 74644 (Dec. 9, 2008).

DOE noted in the December 2008 TP NOPR that the EPCA requirement to consider IEC Standard 62301 in developing amended test procedures for clothes dryers and room air conditioners presented a potential conflict in defining “standby mode.” 73 FR 74639, 74644 (Dec. 9, 2008). 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 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) While EPCA specifies that DOE may amend the definitions provided under 42 U.S.C. 6295(gg)(1)(A), taking into consideration the most current version of IEC Standard 62301 in updating its test procedure (42 U.S.C. 6295(gg)(1)(B)), DOE proposed in the December 2008 TP NOPR to adopt the broader, statutory definition of “standby mode” provided in EPCA for reasons of greater specificity and clarity among the considered definitions, and to include that definition in the test procedures for clothes dryers and room air conditioners. 73 FR 74639, 74644 (Dec. 9, 2008)

AHAM commented that the definition provided under EPCA, developed in part using IEC Standard 62301 Second Edition, Committee Draft 1, allowed the introduction and definition of “off mode” and it provided additional clarification on standby mode, which is not addressed in IEC Standard 62301. (AHAM, TP No. 10 at p. 2)
14

AHAM also submitted comments to DOE, which AHAM denoted as general application guidelines, to individual appliance committees on the use of IEC Standard 62301 definitions. AHAM stated that the energy mode definitions in its comment are consistent with IEC Standard 62301 and EISA 2007. (AHAM, TP No. 12 at p. 1) For standby mode, AHAM's submission states that this mode may persist for an indefinite period of time and may allow activation of other modes by local or remote switch. AHAM's description of standby mode further specifies that standby mode applies only to products that are not “continuous run” products, which it defines as a product which “is performing in active mode 100 [percent] of time that it is plugged into the main electricity supply.” (AHAM, TP No. 12 at p. 2). DOE notes that neither clothes dryers nor room air conditioners would be classified as continuous run products, since both provide modes in which the unit would be plugged in but not operating in active mode. For the reasons discussed below, DOE is revising the test procedure amendments proposed in the December 2008 TP NOPR and is proposing in today's SNOPR mode definitions based on the definitions provided in IEC Standard 62301 CDV. As discussed further in section III.B.3 of this SNOPR, DOE also continues to propose the requirement it proposed in the December 2008 TP NOPR that for clothes dryers or 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 Standard 62301, sufficient time would be allowed for the unit to reach the lower-power state before proceeding with the test measurement for standby mode and off mode power. 73 FR 74639, 74656, 74658 (Dec. 9, 2008).

14
A notation in the form “AHAM, TP No. 10 at p. 2” identifies a written comment (1) made by AHAM; (2) recorded in document number 10 that is filed in the docket of this test procedures rulemaking (Docket No. EERE-2008-BT-TP-0010) and maintained in the Resource Room of the Building Technologies Program; and (3) which appears on page 2 of document number 10.

In the December 2008 TP NOPR, DOE noted 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. 73 FR 74639, 74644 (Dec. 9, 2008). This updated version of IEC Standard 62301 is expected to include definitions of “off mode,” “network mode,” and “disconnected mode,” and would revise the current IEC Standard 62301 definition of “standby mode.” However, DOE stated in the December 2008 TP NOPR that, because the IEC anticipated that this new version of Standard 62301 would likely be published in July 2009, this later version of the standard would 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.
Id.
See 42 U.S.C. 6295(gg)(2)(B)(ii). For this reason, DOE stated in the December 2008 TP NOPR that IEC Standard 62301 would be the “current version” at the time of publication of the final rule, so consideration thereof would comply with EPCA. Accordingly, DOE incorporated sections from IEC Standard 62301 in the proposed amendments to the test procedure in the December 2008 TP NOPR. 73 FR 74639, 74644 (Dec. 9, 2008). DOE also stated in the December 2008 TP NOPR that after the final rule is published, amendments to the referenced standards would be adopted into the DOE test procedure only if DOE later publishes a final rule to incorporate them into its procedures. 73 FR 74644 (Dec. 9, 2008).

AHAM commented that a primary concern is the significant differences between IEC Standard 62301 and IEC Standard 62301 CD2. (AHAM, Public Meeting Transcript, TP No. 8 at p. 17)
15

AHAM supports the use of IEC Standard 62301; however, it also stated that there have been considerable issues and concerns with the current version, including confusion over how to interpret the standard. AHAM noted that IEC Standard 62301 CD2 provides clarifications to IEC Standard 62301, such as further defining standby and off mode to allow for the measurement of multiple standby power modes. However, AHAM also noted that the procedures for setup and testing remain very much the same. (AHAM, Public Meeting Transcript, TP No. 8 at pp. 29-31, 39-40) AHAM questioned whether the clarifications of IEC Standard 62301 CD2, particularly in terms of these mode definitions, could be incorporated into the language in the DOE test procedure if DOE is unable to incorporate the standard directly, and proposed that DOE consider harmonizing with the IEC Standard 62301 CD2 under the expectation that this language will be finalized in IEC Standard 62301 Second Edition. AHAM believes that EISA 2007 could be interpreted to allow IEC Standard 62301 CD2 to be incorporated before it is finalized. (AHAM, Public Meeting Transcript, TP No. 8 at pp. 31-35) Whirlpool Corporation (Whirlpool) and GE Consumer & Industrial (GE) supported AHAMs comments that DOE should harmonize with the rest of the world in considering IEC Standard 62301 CD2. (AHAM, Public Meeting Transcript, TP No. 8 at p. 17; Whirlpool, Public Meeting Transcript, TP No. 8 at p. 36; GE, Public Meeting Transcript, TP

No. 8 at pp. 35-36) Pacific Gas & Electric (PG&E) stated that it supports harmonization, but does not support any significant delays in this rulemaking. (PG&E, Public Meeting Transcript, TP No. 8 at p. 35)

15
A notation in the form “AHAM, Public Meeting Transcript, TP No. 8 at pp. 17, 29-35, 39-40” identifies an oral comment that DOE received during the December 17, 2008, NOPR public meeting, was recorded in the public meeting transcript in the docket for this test procedure rulemaking (Docket No. EERE-2008-BT-TP-0010), and is maintained in the Resource Room of the Building Technologies Program. This particular notation refers to a comment (1) made by AHAM during the public meeting; (2) recorded in document number 8, which is the public meeting transcript that is filed in the docket of this test procedure rulemaking; and (3) which appears on pages 17, 29-35, and 39-40 of document number 8.

In the December 2008 TP NOPR, DOE anticipated, based on review of draft versions of IEC Standard 62301 Second Edition, that the revisions to IEC Standard 62301 could include different mode definitions. As discussed in section I, DOE thus determined to publish an SNOPR for the test procedure rulemaking in which the new mode definitions from the IEC Standard 62301 Second Edition, expected in July 2009, would be considered. However, more recently, DOE received information that IEC Standard 62301 Second Edition would not be available until late 2010. Because the final version of IEC Standard 62301 Second Edition would not be published in time for the consideration of standby and off mode power consumption in the concurrent energy conservation standards rulemaking, DOE, therefore, determined to consider the new mode definitions from the draft version IEC Standard 62301 CDV. Based on DOE's review of IEC Standard 62301 CDV, DOE believes the definitions of standby mode, off mode, and active mode provided in IEC Standard 62301 CDV expand upon the EPCA mode definitions and provide additional guidance as to which functions are associated with each mode. DOE also believes that the comments received by IEC on IEC Standard 62301 CD2, and the resulting amended mode definitions proposed in IEC Standard 62301 CDV, demonstrate significant participation of interested parties in the development of the best possible definitions. For these reasons, DOE is proposing in today's SNOPR definitions of standby mode, off mode, and active mode based on the definitions provided in IEC Standard 62301 CDV. These definitions are discussed in detail in Section III.B.2. DOE is narrowly considering such language from IEC Standard 62301 CDV, even though this is not a finalized test standard, because of the consensus among comments received, and DOE's corroborating belief, that the mode definitions in the draft versions of IEC Standard 62301 Second Edition represent a substantial improvement over those in IEC Standard 62301.

DOE did not receive any comments in response to the December 2008 TP NOPR objecting to the proposed testing methods and procedures referenced in IEC Standard 62301. As noted above, IEC Standard 62301 will be the “current version” at the time of publication of the final rule, so consideration thereof will comply with EPCA. (42 U.S.C. 6295(gg)(2)(A)) For these reasons, this SNOPR does not affect DOE's proposal in the December 2008 TP NOPR to incorporate by reference the clauses presented above from IEC Standard 62301.

2. Determination of Modes To Be Incorporated

In the December 2008 TP NOPR, DOE proposed 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. 73 FR 74639, 74644 (Dec. 9, 2008) 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.”
16

16
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 that 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))

In the December 2008 TP NOPR, DOE recognized 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 with multiple functions, these broad definitions could lead to unintended consequences if the meaning of “main functions” is narrowly interpreted. 73 FR 74639, 74644-45 (Dec. 9, 2008). To address this problem, DOE proposed in the December 2008 TP NOPR to amend the clothes dryer and room air conditioner test procedures to clarify the range of main functions that would be classified as active mode functions and establish standby and off mode definitions as follows. 73 FR 74639, 74645, 74645 (Dec. 9, 2008)

DOE proposed the following mode definitions for clothes dryers in the December 2008 TP NOPR:

“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. 73 FR 74639, 74645 (Dec. 9, 2008).

For room air conditioners, DOE proposed the following mode definitions in the December 2008 TP NOPR:

“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; and

“Off mode” means a mode in which a room air conditioner is not performing any active or standby function. 73 FR 74639, 74645 (Dec. 9, 2008).

DOE received numerous comments from interested parties on the standby and off mode definitions. DOE did not receive any comments objecting to the proposed definitions of active mode for clothes dryers and room air conditioners. As discussed in the following paragraphs regarding standby mode definitions, DOE did receive comments stating that certain modes that it had proposed as standby modes should be considered as part of active mode. In addition, AHAM's comments reiterated the definition of active mode in general as provided by EISA 2007 and stated that this definition is consistent with the energy mode definition in IEC Standard 62301. AHAM's comments also state, however, that when a product is not in off mode or standby mode, it is in active mode. (AHAM, TP No. 12 at p. 1) Such a definition is inconsistent with the EPCA, IEC Standard 62301 CD2, and IEC Standard 62301 CDV mode definitions, in which off mode is defined as providing no standby or active mode function. (42 U.S.C. 6295(gg)(1)(A)(ii))

As to the active mode, as discussed in section III.B.1, DOE is proposing in today's SNOPR to amend the DOE clothes dryer and room air conditioner test procedures to define active mode as a mode which “includes product modes where the energy using product is connected to a main power source, has been activated and provides one or more main functions.” 10 CFR part 430, subpart B, appendix D1, proposed section 1.1 and appendix F, proposed section 1.1. The proposed definition of active mode is the same as the definition proposed for the December 2008 TP NOPR. 73 FR 74639, 74644 (Dec. 9, 2008). DOE notes that IEC Standard 62301 CD2 provided additional clarification that “delay start mode is a one off user initiated short duration function that is associated with an active mode.” (IEC Standard 62301 CD2, section 3.8) IEC Standard 62301 CDV removed this clarification; however, in response to comments on IEC Standard 62301 CD2 that led to IEC Standard 62301 CDV, IEC states that delay start mode is a one off function of limited duration.
17

DOE infers this to mean that delay start mode would not be considered a standby mode, although no conclusion is made as to whether it would be considered part of active mode.

17
“Compilation of comments on 59/523/CD: IEC 62301 Ed 2.0: Household electrical appliances—Measurement of standby power.” August 7, 2009. p. 6. IEC Standards are available online at
http://www.iec.ch.

DOE is also proposing the additional clarifications discussed above for the range of main functions that would be classified as active mode functions, which were proposed in the December 2008 TP NOPR. For clothes dryers, DOE is proposing that the main function consist 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. 10 CFR part 430, subpart B, appendix D1, proposed section 1.1. For room air conditioners, DOE is proposing that the main function consist 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. 10 CFR part 430, subpart B, appendix F, proposed section 1.1. DOE believes this proposed definition of active mode provides sufficient specificity for room air conditioners.

For clothes dryers, DOE additionally investigated whether certain operating cycles providing a steam function should be covered under active mode, and whether measurement of energy consumption for such cycles should be incorporated into the DOE clothes dryer test procedure. Based on its research and discussions with manufacturers, DOE believes that the general purpose of steam in a clothes dryer cycle is to soften the clothing load to ease wrinkles, sanitize clothes, eliminate static electrical charge, and/or help remove odors. As part of its reverse engineering analyses conducted for the energy conservation standards rulemaking for residential clothes dryers, DOE observed that the steam may be generated by spraying a fine mist of water into the heated drum, allowing the hot clothing load to evaporate the water, or the steam may be produced in a generator outside the drum before injecting it in with the clothes load. Most steam-equipped clothes dryers require a hookup to the cold water line that would supply water to an adjacent clothes washer. On certain models, however, the clothes dryer contains a user-fillable water reservoir. Steam functions typically are programmed as unique operating cycles, although manufacturers may provide the option to add steam during a conventional drying cycle or to periodically tumble and inject steam over a certain amount of time at the end of a conventional drying cycle to prevent wrinkling.

The current DOE test procedure does not contain any provisions that would account for the energy and water use of such steam cycles. Based on a preliminary market survey of products available on the market, DOE's estimates suggest that, at this time, steam cycles represent a very small fraction of overall product use on a nationwide basis. DOE is unaware of energy and water consumption or consumer usage data with respect to steam. For these reasons, DOE is not proposing amendments to include measurement of steam cycles for clothes dryers.

DOE received multiple comments regarding the proposed definition and clarifications for standby modes. AHAM opposed the establishment of multiple low power or standby modes for both clothes dryers and room air conditioners. AHAM stated that “delay start” and “cycle finished” modes for clothes dryers and “delay start” and “off-cycle” modes for room air conditioners should not be defined as standby modes, because in each case the product is not operating at its lowest power state. (AHAM, TP No. 10 at pp. 2-4) AHAM stated that the delay start function is associated with an active cycle, requires input by the consumer, and persists for a defined time. AHAM further stated that the cycle finished mode for clothes dryers and the off-cycle mode for room air conditioners are modes of limited duration that are associated with an active cycle, wherein the product is not operating at its lowest power state. According to AHAM, this condition is in conflict with the IEC Standard 62301 definition that standby mode “* * * may persist for an indefinite time * * *” (AHAM, TP No. 10 at pp. 2-3) For these reasons, AHAM commented that delay start mode for both products, cycle finished mode for clothes dryers, and off-cycle mode for room air conditioners should be incorporated into active mode, or that a standard empirical value should be added to all active energy measurements to represent the energy use of these low-power modes.
Id.
AHAM also noted that, for room air conditioners, delay start mode and off-cycle mode are energy-saving features which, in an integrated energy-use metric combining the energy use of these modes with

energy use in active mode, result in lower-efficiency units that don't have such features appearing to be more efficient than units with these energy-saving features. (AHAM, TP No. 10 at p. 4)

GE adopted by reference AHAM's comments on the definitions of multiple standby modes. (GE, TP No. 11 at p. 1) Whirlpool also opposed defining multiple active and standby modes because doing so would add complexity to the test procedure without adding value to the measurements. Whirlpool agreed with AHAM and GE that delay start and cycle finished modes, which are user-initiated primary functions of the product, are part of active mode rather than separate standby modes. (Whirlpool, TP No. 9 at p. 2) PG&E added that it is confusing to consider as an off-cycle mode the state in which the thermostat has cycled off the fan and compressor. PG&E stated that this state should be considered part of the active mode. (PG&E, Public Meeting Transcript, TP No. 8 at pp. 84-85)

As discussed in section III.B.1, DOE is proposing in today's SNOPR to amend the DOE test procedure for clothes dryers and room air conditioners to define standby mode based on the definitions provided in IEC Standard 62301 CDV. DOE proposes to define standby mode as a mode which “includes any product modes where the energy using product is connected to a main power source and offers one or more of the following user oriented or protective functions which may persist for an indefinite time:
18

18
The actual language for the standby mode definition in IEC Standard 62301 CDV describes “* * * user oriented or protective functions which usually persist” rather than “* * * user oriented or protective functions which may persist for an indefinite time.” DOE notes, however, that section 5.1 of IEC Standard 62301 CDV states that “a mode is considered persistent where the power level is constant or where there are several power levels that occur in a regular sequence for an indefinite period of time.” DOE believes that the proposed language, which was originally included in IEC Standard 62301 CD2, encompasses the possible scenarios foreseen by section 5.1 of IEC Standard 62301 CDV without unnecessary specificity.

• To facilitate the activation of other modes (including activation or deactivation of active mode) by remote switch (including remote control), internal sensor, timer;

• Continuous function: Information or status displays including clocks;

• Continuous function: Sensor-based functions.” 10 CFR part 430, subpart B, appendix D1, proposed section 1.19 and appendix F, proposed section 1.5.

DOE is proposing an additional clarification that “a timer is a continuous clock function (which may or may not be associated with a display) that provides regular scheduled tasks (
e.g.,
switching) and that operates on a continuous basis.”
Id.
This definition was developed based on the definitions provided in IEC Standard 62301 CDV, and expands upon the EPCA mode definitions to provide additional clarifications as to which functions are associated with each mode.

Based on these proposed definitions, delay start mode and cycle-finished mode for clothes dryers and delay start mode and off-cycle mode for room air conditioners are not modes that persist for an indefinite time, and would therefore not be considered as part of a standby mode. DOE's analysis of annual energy use in specific clothes dryer and room air conditioner modes—presented in the December 2008 TP NOPR—determined that delay start mode and cycle-finished mode for clothes dryers, and delay start mode and off-cycle mode for room air conditioners, each represent a negligible portion (0.1 percent or less) of the annual energy use for the particular product. 73 FR 74639, 74647, 74649 (Dec. 9, 2008). Therefore, an integrated energy efficiency metric for either clothes dryers or room air conditioners would not be measurably affected by either the inclusion or exclusion of the energy use in any of these modes. Further, DOE believes that the benefit of incorporating the energy use of these modes into the overall energy efficiency (
i.e.,
providing greater specificity in the evaluation of methods for reducing energy consumption and the potential for energy savings for the energy conservation standards rulemaking) is outweighed by the burden that would be placed on the manufacturers to measure power consumption in each of these modes. For these reasons, DOE is not proposing amendments to the test procedures to define delay start, cycle finished, and off-cycle modes or to measure power consumption in delay start mode for either product, cycle finished mode for clothes dryers, and off-cycle mode for room air conditioners in today's SNOPR. DOE is only including in the proposed clothes dryer and room air conditioner test procedures amendments in this SNOPR provisions for measuring energy consumption in the inactive mode and off mode.

AHAM commented that the term “inactive mode” should be changed to “standby mode” for simplicity and to remain consistent in the use of this term. In addition, AHAM stated that DOE should define standby mode as “the lowest power consumption mode which cannot be switched off or influenced by the user” (
i.e.,
not performing any function, but ready to perform a function) to be consistent with IEC Standard 62301. (AHAM, TP No. 10 at pp. 2-3) The comments which AHAM subsequently submitted to DOE clarified AHAM's suggested definition by stating that standby mode should be defined as “the lowest-power consumption mode when the appliance is connected to the main electricity supply and is used in accordance with the manufacturer's instructions. Standby mode power usage is the power (wattage) consumed by an appliance at the factory setting. Standby Mode may persist for an indefinite period of time.” (AHAM, TP No. 12 at p. 2) AHAM stated that appliances to which its comments apply should be shipped in this mode. If the factory or “default” settings are indicated in manufacturer's instructions, AHAM stated that the appliance should be tested at those settings; otherwise, the appliance should be tested as shipped.
Id.
AHAM commented that any other feature accessible by the consumer should be considered as active mode, and, therefore, the definitions for off, standby and active modes should cover all clothes dryer and room air conditioner features. (AHAM, TP No. 10 at pp. 3-4)

Although at this time DOE is proposing to amend the test procedures for room air conditioners and clothes dryers to include only provisions for measuring energy use in inactive mode and that delay start, cycle finished, and off-cycle modes would not be considered part of standby mode, DOE remains open to consideration of additional standby modes. Therefore, DOE is not renaming “inactive mode” to “standby mode” in today's SNOPR. However, DOE agrees that, in measuring the single significant standby mode (inactive mode), power consumption would be measured in the lowest possible energy state, as discussed in section III.B.3.

In response to AHAM's comments, DOE believes that provisions for setting up the appliance for standby mode and off mode testing should be specified in the test procedure. However, DOE believes that setting up the appliance in accordance with manufacturer's instructions or in the as-shipped factory or “default” settings, as commented by AHAM, would allow manufacturers to ship appliances set in a low power mode that consumers may switch out of during typical standby or off mode use. In order to provide a clear and consistent testing method, DOE is proposing that the appliance be set up with the settings that produce the highest power consumption level, consistent with the particular mode

definition under test, for standby and off mode testing. 10 CFR part 430, subpart B, appendix D1, proposed section 3.6 and appendix F, proposed section 4.2.

In the December 2008 TP NOPR, DOE requested comment on additional standby modes under the EPCA definition which had not been identified and which could represent significant energy use. 73 FR 74639, 74654 (Dec. 9, 2008) AHAM commented that, although there is the potential for networking in the future relating to functions such as peak load sharing, this feature would be considered part of active mode. According to AHAM, this mode might be selected by the consumer, thereby taking the product out of the default lowest power mode. (AHAM, TP No. 10 at p. 3) PG&E commented that it agrees with AHAM that network mode should be considered. PG&E added that if network mode is on all the time, then this mode should be considered a standby function, whereas if this mode is consumer-activated and on for limited periods of time, it should be considered part of active mode. (PG&E, Public Meeting Transcript, TP No. 8 at pp. 79, 86) GE raised concerns that some utilities require that a network function remain on continuously in order for consumers to get the peak-power rebates, implying that manufacturers may not have control over the way this part of the control works. (GE, Public Meeting Transcript, TP No. 8 at p. 87) PG&E responded by commenting that network modes might be designed for low power and intermittent activation. (PG&E, Public Meeting Transcript, TP No. 8 at pp. 87-88)

Section 3.7 of IEC Standard 62301 CDV defines network mode as a mode category which “includes any product modes where the energy-using product is connected to a main power source and at least one network function is activated (such as reactivation via network command or network integrity communication) but where the primary function is not active.” Section 3.7 of IEC Standard 62301 CDV also provides a note stating, “Where a network function is provided but is not active and/or not connected to a network, then this mode is not applicable. A network function could become active intermittently according to a fixed schedule or in response to a network requirement. A `network' in this context includes communication between two or more separate independently powered devices or pieces of equipment. A network does not include one or more controls, which are dedicated to a single piece of equipment. Network mode may include one or more standby functions.” However, DOE is unaware of any clothes dryers or room air conditioners currently available on the market that incorporate a networking function. Further, DOE is unaware of any data regarding network mode in these products, which would allow it to determine appropriate testing procedures and mode definitions for incorporation into the test procedures for clothes dryers and room air conditioners. In particular, DOE is unaware of data and methods for the appropriate configuration of networks, whether network connection speed or the number and type of network connections affects power consumption, or whether wireless network devices may have different power consumptions when the device is looking for a connection and when the network connection is actually established. DOE is also unaware of how the energy consumption for clothes dryers and room air conditioners in a network environment may be affected by their product design and user interaction as well as network interaction, such as whether the network function could become active intermittently according to a fixed schedule or in response to a network requirement. For these reasons, the proposed amendments in today's SNOPR do not include network mode. However, DOE welcomes comment on whether clothes dryers and room air conditioners are available that incorporate a networking function, and whether definitions and testing procedures for a network mode should be incorporated into the DOE test procedure. DOE also requests comment on appropriate methodologies for measuring energy consumption in a network mode, and data on the results and repeatability of such testing methodology.

GE commented that standby mode should not apply to room air conditioners because they are considered continuously running products which operate in active mode 100 percent of the time that they are plugged into the main electricity supply and not in off mode. (GE, TP No. 11 at p. 2) DOE determined that room air conditioners with remote controls operate in a mode which facilitates the activation of other modes (including activation or deactivation of active mode) by remote switch (including remote control). This mode is covered by both the proposed definition in today's SNOPR and the EPCA definition for standby mode, and, hence, DOE believes that standby mode would apply to room air conditioners under the proposed definition.

DOE also requested comment on the definition and clarifications of off mode that were proposed in the December 2008 TP NOPR. AHAM stated it supports DOE's definition of off mode, but believes this definition must be clarified. (AHAM, TP No. 10 at pp. 2-4) AHAM provided clarifications in its comments, which state the following:

“Off Mode describes the status of an appliance when it is connected to the main electricity supply and is providing no consumer-interactive function. Off Mode may persist for an indefinite period of time. Providing the product with an on/off switch satisfies this condition.

Off Mode may include:

1. LED or some other indication of off mode condition;

2. Electric noise reduction capacitor, choke or filter;

3. The state where a one-way remote control device has turned the product off, but cannot be used to activate the product.

4. Leakage current will occur in some appliances, and may include current flow in 208/230 volt appliances where only one leg of the line is isolated by the switch.

5. May include electrical energy flow to a transformer of some electronics units.”

(AHAM, TP No. 12 at p. 2)

As discussed in section III.B.1, DOE is proposing in today's SNOPR to amend the DOE test procedure for clothes dryers and room air conditioners to define off mode based upon the definition in IEC Standard 62301 CDV. DOE proposes to define off mode as a mode category which “includes any product modes where the energy using product is connected to a mains power source and is not providing any standby mode or active mode function and where the mode may persist for an indefinite time.
19

An indicator that only shows the user that the product is in the off position is included within the clasification of off mode.” As noted in section III.B.1, this defintion was developed based on the definitions provided in IEC Standard 62301 CDV, and expands upon the EPCA mode definitions to provide additional clarifications as to which functions are associated with each mode.

19
As with the definition for standby mode, IEC Standard 62301 CDV qualifies off mode as one that “* * * usually persists” rather than one that “* * * may persist for an indefinite time.” For the same reasons as discussed for standby mode, DOE is proposing the latter definition.

In response to AHAM's comments regarding off mode, under the proposed mode definitions, a clothes dryer or room air conditioner equipped with a mechanical on/off switch which can disconnect power to the display and/or control components would be

considered as operating in the off mode when the switch is in the “off” position, provided that no other standby or active mode functions are energized. DOE agrees with AHAM that an energized LED or other indication that only shows the user that the product is in the off position would be considered part of off mode under the proposed definition, again if no other standby or active mode functions were energized. However, if any energy is consumed by the appliance in the presence of a one-way remote control, the unit would be operating in standby mode pursuant to EPCA (42 U.S.C. 6295(gg)(1)(A)(iii)), which includes a remote control which facilitates the activation or deactivation of other functions (including active mode) as a feature of standby mode. DOE agrees that the other three conditions, which AHAM outlines in its comments, would be indicative of off mode. Because DOE believes that a one-way remote control would be a function associated with standby mode, and not off mode as stated by AHAM, DOE is not proposing to adopt AHAM's definition for off mode.

DOE also notes that section 3.9 of IEC Standard 62301 CDV provides a definition of “disconnected mode,” which is “the status in which all connections to mains power sources of the energy using product are removed or interrupted.” IEC Standard 62301 CDV also adds a note that common terms such as “unplugged” or “cut off from mains” also describe this mode and that this mode is not part of the low power mode category. DOE believes that there would be no energy use in a “disconnected mode,” and therefore, is not proposing a definition or testing methods for such a mode in the DOE test procedure for clothes dryers or room air conditioners.

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

DOE proposed in the December 2008 TP NOPR to establish test procedures for measuring all standby and off modes associated with clothes dryers and room air conditioners. 73 FR 74639, 74645 (Dec. 9, 2008). As discussed in section III.B.2, the mode identified as inactive mode in the December 2008 TP NOPR is believed to be the only significant standby mode for clothes dryers and room air conditioners at this time. 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.

a. Clothes Dryers

DOE understands that displays on clothes dryers may reduce power consumption by automatically dimming or powering down 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 proposed in the December 2008 TP NOPR that that the test be conducted after the power level has dropped to its lower power state. 73 FR 74639, 74645 (Dec. 9, 2008).

PG&E commented that, while IEC Standard 62301 notes that some appliances wait in a higher-power state before dropping back to a lower-power state, the standard does not provide guidance on how long to wait for the appliance to drop to the lower-power state. (PG&E, Public Meeting Transcript, TP No. 8 at pp. 25-27) AHAM stated that section 5 of IEC Standard 62301 specifies a stabilization time of 30 minutes. (AHAM, Public Meeting Transcript, TP No. 8 at pp. 28-29) AHAM subsequently clarified in written comments that IEC Standard 62301 calls for a stabilization period of at least 30 minutes and a measurement period of at least 10 minutes, and that DOE's test procedure should be consistent with that of IEC Standard 62301 to reduce test burden. (AHAM, TP No. 10 at p. 4) Whirlpool commented that most test procedures involving electronics incorporate a 30-minute stabilization period and a 10-minute measurement period. Whirlpool believes that these requirements would be reasonable for DOE's test procedures. (Whirlpool, TP No. 9 at p. 3) PG&E supported the specification of a 30-minute stabilization period. (PG&E, Public Meeting Transcript, TP No. 8 at p. 50)

As part of the residential clothes dryer energy conservation standards rulemaking preliminary analyses, DOE conducted standby mode and off mode testing on 11 representative residential clothes dryers. Table 0.1 shows the measured duration of the higher-power state for clothes dryers in DOE's test sample. DOE observed during this testing that the higher-power state in inactive mode may persist for approximately 5-10 minutes of user inactivity after the user interface display has been energized for all products tested.

Table 0.1—Clothes Dryer Standby Mode Testing: Duration of Higher-Power State

Product class
Test unit
Control type
Automatic power-down?
Duration of higher-power state (min)

Vented Electric, Standard
1
Electromechanical
N

2
Electromechanical
N

3
Electronic
Y
5

4
Electromechanical
N

5
Electromechanical
N

Vented Electric, Compact (120 V)
6
Electromechanical
N

Vented Gas
7
Electromechanical
N

8
Electronic
Y
5

9
Electronic
Y
5

10
Electronic
Y
7

11
Electronic
Y
7

Paragraph 5.3.1 of section 5.3 of IEC Standard 62301 specifies, for products in which the power varies by not more than 5 percent from a maximum level during a period of 5 minutes, that the user waits at least 5 minutes for the product to stabilize and then measures the power at the end of an additional time period of not less than 5 minutes. Paragraph 5.3.2 of IEC Standard 62301 contains provisions for measuring average power in cases where the power is not stable. In such cases, it requires a measurement period of no less than 5 minutes, or one or more complete

operating cycles of several minutes or hours. IEC Standard 62301 contains no requirement that the stabilization period extends to 30 minutes, nor that the measurement is made over a period of at least 10 minutes. However, based on its testing results shown in Table 0.1, DOE also notes that some clothes dryers may remain in the higher-power state for the duration of a 5-minute stabilization period and 5-minute measurement period, and then drop to the lower-power state that is more representative of inactive mode. In contrast, IEC Standard 62301 CDV specifies for each testing method that the product be allowed to stabilize for at least 30 minutes prior to a measurement period of not less than 10 minutes. DOE believes this clarification would allow sufficient time for displays that automatically dim or power down after a period of user inactivity to reach the lower-power state prior to measurement. Based on the automatic power-down time periods observed in its own testing, DOE believes that the 30-minute stabilization and 10-minute measurement periods suggested by commenters provide a clearer and more consistent testing procedure than the corresponding times specified in IEC Standard 62301. This allows for representative measurements among products that may have varying times before the power drops to a low level.

DOE also notes that allowing a test period of “not less than” or “at least” a specified amount of time, as provided in both IEC Standard 62301 and IEC Standard 62301 CDV, may result in different test technicians testing the same product for different periods of time. In order to ensure that the testing procedures for standby and off mode are clear and consistent, such that different test technicians are testing the product using the same procedures, DOE is proposing to require that the stabilization period be 30 to 40 minutes, and the test period be 10 minutes. 10 CFR part 430, subpart B, appendix D1, proposed section 3.6.

The American Council for an Energy Efficient Economy (ACEEE) stated that the test procedure could be “gamed” by products for which the default setting would be for the display to power down after 5 minutes, but which would easily allow consumers to increase the duration of the higher-power state, or switch the product to permanently maintain the higher-power state. ACEEE commented that DOE should include additional guidance to level the playing field for all manufacturers. (ACEEE, Public Meeting Transcript, TP No. 8 at pp. 27-28) AHAM's comments for all covered products suggest that these products may have provision for the consumer to add or delete product functions that alter the as-shipped standby energy consumption, and that the power consumption in these user-selected states may exceed the power consumption in the lowest power consumption mode. AHAM stated that the consumer must be informed as to how to make the selections that would override the lowest power consumption mode. (AHAM, TP No. 12 at p. 2)

DOE's test procedures are developed to measure representative energy use for the typical consumer. DOE does not have data representing all possible consumer actions and appliance usage patterns that might increase energy use. As discussed above in section III.B.2, DOE is proposing that the appliance be set up with the settings that produce the highest power consumption level, consistent with the particular mode definition under test, for standby and off mode testing. DOE believes that this would prevent any “gaming” of default or as-shipped settings. For this reason, DOE has not proposed additional provisions in today's SNOPR to address the possibility of adjusting the as-shipped or default display settings or other features for higher energy use. However, DOE welcomes comment on methodologies to account for such consumer actions that might increase energy use and data on the corresponding consumer usage patterns.

DOE proposed in the December 2008 TP NOPR to adopt the test room ambient temperature of 73.4 ± 9 °F specified by IEC Standard 62301 for standby mode and off mode testing. 73 FR 74639, 74645-46 (Dec. 9, 2008). This test room ambient temperature is slightly different from the ambient temperature currently specified for DOE's drying performance tests of clothes dryers (75 ± 3 °F). However, the proposed test room ambient temperature conditions would permit manufacturers who opt to test active, standby, and off modes sequentially in the same test room to use the current ambient temperature requirements for drying tests, since the latter temperatures 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 flexibility in ambient temperature. AHAM and Whirlpool supported DOE's test room ambient temperature specifications for standby mode and off mode testing of clothes dryers. (AHAM, TP No. 10 at p. 5; Whirlpool, TP No. 9 at p. 3) In the absence of comments objecting to the ambient temperature specifications, this SNOPR does not affect DOE's proposal in the December 2008 TP NOPR to use the test room ambient temperature specified by IEC Standard 62301 for clothes dryer standby mode and off mode testing.

b. Room Air Conditioners

A room air conditioner with a temperature display may use varying amounts of standby power depending on the digit(s) being displayed. DOE proposed in the December 2008 TP NOPR to require that test room temperature be maintained at 74 ± 2 °F, and that the temperature control setting is 79 °F. 73 FR 74639, 74646 (Dec. 9, 2008). These conditions differ from the cooling performance testing conditions in the DOE room air conditioner test procedure. The cooling performance test conditions are specified as 80 °F on the indoor side of the test chamber and 95 °F on the outdoor side. In addition, the cooling performance test conditions do not specify a temperature control setting. DOE proposed the different test room conditions in the December 2008 TP NOPR because such conditions would assure a consistent display configuration, and thus a representative power consumption, for all room air conditioners under test, particularly during off-cycle operation that was defined in the December 2008 TP NOPR as a standby mode. 73 FR 74639, 74646 (Dec. 9, 2008).

GE commented that the smaller tolerances specified by IEC Standard 62301, for ambient conditions that differ from the conditions for cooling performance testing, represent a testing burden. GE believes that the proposed conditions would be relevant only for off-cycle mode. (GE, Public Meeting Transcript, TP No. 8 at pp. 99-100) ACEEE commented that there would be no objection among interested parties to relax tolerance of the temperatures, if such close specification were not required. (ACEEE, Public Meeting Transcript, TP No. 8 at p. 101) AHAM commented that the proposed test room temperature is unrealistic and burdensome. (AHAM, TP No. 10 at p. 5) AHAM also stated that if off-cycle mode is considered part of active mode, then standby mode testing could be carried out in the same test chamber that is used for cooling performance testing because standby mode (other than off-cycle) is not affected by ambient temperature. (AHAM, Public Meeting Transcript, TP No. 8 at pp. 103-104)

As part of the room air conditioner energy conservation standards rulemaking preliminary analyses, DOE conducted standby mode and off mode testing on representative room air

conditioners. During its preliminary tests, DOE determined that room air conditioner displays among the units it tested do not provide any user information in inactive mode. In addition, DOE determined that the displays among the units it tested provide indication of time delay or time until start rather than temperature when the air conditioners are in delay start mode. These observations are supported by GE's comment, discussed above, that the proposed test chamber ambient conditions would be relevant only for off-cycle mode. (GE, Public Meeting Transcript, TP No. 8 at pp. 99-100) DOE concurs with GE's position that if the test procedure were limited to measurement of a single standby mode and an off mode as discussed in section III.B.2, the proposed close tolerance on ambient temperature would not be required. DOE is, therefore, proposing in today's SNOPR to provide flexibility in the room air conditioner test procedure amendments by allowing standby mode and off mode testing either in a test chamber used for measurement of cooling performance or in a separate test room that meets the specified standby mode and off mode test conditions. The proposed amendments to the room air conditioner test procedure in today's SNOPR specify maintaining the indoor test conditions, if tested in a cooling performance test chamber, or room ambient test conditions, if tested in a separate test room, at the temperature required by section 4.2 of IEC Standard 62301. Further, if the unit is tested in the cooling performance test chamber, the proposed amendments allow the manufacturer to maintain the outdoor test conditions either as specified for the DOE cooling test procedure or according to section 4.2 of IEC Standard 62301 for standby and off mode testing. DOE also notes that the indoor temperature conditions required by the DOE cooling performance test procedure fall within the temperature range allowed by section 4.2 of IEC Standard 62301.

DOE proposed a test procedure for the delay start mode in the December 2008 TP NOPR that required a 5-minute stabilization period followed by a 60-minute measurement period. 73 FR 74639, 74646 (Dec. 9, 2008) Because the proposed amendments to the test procedure in today's SNOPR are limited to the measurement of a single standby mode and an off mode as discussed in section III.B.2, DOE is not proposing any provisions in the room air conditioner test procedure for measuring delay start mode.

Similar to clothes dryers, DOE proposed in the December 2008 TP NOPR (73 FR 74639, 74646 (Dec. 9, 2008)) that standby and off modes for room air conditioners, other than delay start mode, be tested with a stabilization period no less than 5 minutes and a measurement period no less than 5 minutes for units with stable power, consistent with paragraph 5.3.1 of section 5.3 of IEC Standard 62301. In cases where the power was unstable, the provisions of paragraph 5.3.2 would apply, in which the measurement period would be no less than 5 minutes or one or more complete operating cycles. AHAM commented that IEC Standard 62301 requires a stabilization period at least 30 minutes long and a measurement period at least 10 minutes long and that DOE's test procedure should be consistent with that of IEC Standard 62301 to reduce test burden. (AHAM, TP No. 10 at p. 4) DOE does not have any information or data that would suggest that a 30-minute stabilization period followed by a 10-minute measurement period would produce more representative or consistent standby and off mode power measurements than the times proposed in the December 2008 TP NOPR.

However, DOE also notes that allowing a test period of “not less than” or “at least” a specified amount of time, as provided in IEC Standard 62301, may result in different test technicians testing the same product for different periods of time. In order to ensure that the testing procedures for standby and off mode are clear and consistent, such that different test technicians are testing the product using the same exact procedures, DOE is proposing to require that the stabilization period be 5 to 10 minutes, and the test period be 5 minutes. 10 CFR part 430, subpart B, appendix F, proposed section 4.2.

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

Measurements of power consumption associated with each standby and off mode for clothes dryers and room air conditioners are expressed in W. The annual energy consumption in each of these modes for a clothes dryer or room air conditioner is the product of the power consumption in W and the time spent in that particular mode.

a. Clothes Dryers

Energy use for clothes dryers is expressed in terms of total energy use per drying cycle. As discussed in section III.D.3, DOE has determined that it is technically feasible to incorporate measures of standby and off mode energy use into the overall energy-use metric, a determination that is required by the EISA 2007 amendments to EPCA. (42 U.S.C. 6295(gg)(2)(A)) Therefore, DOE has examined standby and off mode energy consumption in terms of annual energy use apportioned on a per-cycle basis. Energy used during a drying cycle (active mode) is directly measured in the DOE 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. DOE proposes that this procedure for gas standing pilot lights provides an approach for calculating standby mode and off mode power consumption on a per-cycle energy-use basis.

Whirlpool commented that standing (
i.e.,
continuously burning) pilot lights are not allowed in gas dryers and that it was unclear why DOE was referring to them in this context. (Whirlpool, TP No. 9 at p. 2) The Federal standards prohibiting such pilot lights were established by the NAECA amendments to EPCA for gas clothes dryers manufactured after January 1, 1988. (42 U.S.C. 6295(g)(3)) However, the subsequent energy conservation standards rulemaking for clothes dryers amended those standards to require performance standards for all product classes of clothes dryers, including gas clothes dryers, based on EF, for clothes dryers manufactured on or after May 14, 1994. The amended energy conservation standards replaced the previous standards, and thus eliminated the prohibition of standing pilot lights. (56 FR 22250 (May 14, 1991)); 10 CFR 430.32(h)(1)). Although DOE is unaware of any current models of gas clothes dryers incorporating standing pilot lights, the methodology for measuring the energy consumption of such a feature is included in the current DOE clothes dryer test procedure because standing pilot lights are not precluded by the standards. For this reason, DOE continues to consider the methodology for incorporating standing pilot light annual energy use in the EF metric for gas dryers a viable approach for incorporating the annual energy use of modes other than active mode into the per-cycle energy-use metric.

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 balance of the year (8,620 hours) is the established number of hours associated with the pilot light energy consumption.

DOE proposed in the December 2008 TP NOPR to adopt a similar approach for measuring energy consumption during standby and off modes for clothes dryers. Specifically, DOE proposed 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. Table 0.2 presents the comparison of the approximate wattages and annual energy use associated with all modes that DOE proposed in the December 2008 TP NOPR. 73 FR 74639, 74647-48 (Dec. 9, 2008).

Table 0.2—DOE Estimate of Annual Energy Use of Clothes Dryer Modes

Mode
Hours

Typical Power

(W)

Annual Energy Use

(kWh)

Active
140
6,907
967.

Delay Start
* 34
3
0.1.

Cycle Finished
** 429
3
1.

Off and Inactive

†
8,157

0.5 to 3
4 to 24.

* 5 minutes per cycle × 416 cycles per year
** 5 percent of remaining time (0.05 × (8,760 − 140 − 34) = 429)

†
95 percent of remaining time (0.95 × (8,760 − 140 − 34) = 8,157)

GE and AHAM commented that the 0.5 to 3 W range provided for standby modes is typical for displays on appliances. (GE, Public Meeting Transcript, TP No. 8 at p. 113; AHAM, Public Meeting Transcript, TP No. 8 at pp. 113-114.)

At the December 17 Public Meeting, AHAM expressed general support of the DOE estimates of energy use. (AHAM, Public Meeting Transcript, TP No. 8 at p. 122.) Whirlpool commented that work carried out among AHAM members has included the development of a representative allocation of hours to the applicable clothes dryer operating modes. (Whirlpool, TP No. 9 at p. 3.) The data Whirlpool provided for this allocation are reproduced as Table 0.3 below.

Table 0.3—Whirlpool-Supplied Estimate of Annual Hours for Clothes Dryer Modes

DOE proposal
Whirlpool/AHAM definition
Whirlpool hours

Active
Active
140 (20 minutes per cycle).

Inactive
Standby
Assume equal to Delay Start.

Cycle Finished
Active
416 (1 hour/cycle).

Delay Start
Active
69 (10 minutes/cycle).

Off
Off
Balance [8,066].

The Whirlpool data confirm DOE's selection of 140 hours for active drying mode. The key difference between the hours proposed by DOE and Whirlpool is that Whirlpool allocates only 10 minutes per cycle to inactive mode (69 hours annually), resulting in 8,066 hours allocated to off mode. DOE believes that the proposed definition of off mode as applied to clothes dryers refers to dryers with mechanical rather than electronic controls or to dryers with electronic controls that have a mechanical switch with which the user can de-energize the electronic controls. Reactivation of the dryer with a pushbutton sensor, touch sensor, or other similar device that consumes power is considered to be a standby mode feature under the proposed definition, in which one possible standby mode “facilitate[s] the activation of other modes (including activation or deactivation of active mode) by remote switch (including remote control), internal sensor, timer.” 10 CFR part 430, subpart B, appendix D1, proposed section 1.19 and appendix F, proposed section 1.5. Based on DOE's tests, it concluded that there are few clothes dryers with electronic controls that have this additional mechanical switch. Therefore, the combined inactive/off hours would most likely be allocated fully either to inactive or off mode, depending on the type of controls present on the clothes dryer. DOE does not have market share information to determine how many clothes dryers are currently shipped with electromechanical controls, but DOE believes that the relative proportion of inactive and off mode annual hours as contained in Whirlpool's data submission may not be wholly representative of the relative shipments of clothes dryers with electronic and electromechanical controls because it implies that virtually all clothes dryers would be equipped with electromechanical controls, and DOE's review of clothes dryer models currently available does not support such a conclusion. For this reason, DOE believes that, under the proposed definitions of standby and off modes, the allocation of annual hours to inactive and off modes are appropriate and this SNOPR does not affect DOE's proposal in the December 2008 TP NOPR for this allocation of hours.

In the December 2008 TP NOPR, DOE proposed an alternative simplified methodology for allocating annual hours. 73 FR 74639, 74648 (Dec. 9, 2008). The comparison of annual energy use of different clothes dryer modes shows that delay start and cycle finished modes represent a negligible percentage of total annual energy consumption. In addition, for clothes dryers currently on the market, power levels in these modes are similar to those for off/inactive modes. Therefore, DOE proposed that all of the non-active hours (which total 8,620) would be allocated to the inactive and off modes. 73 FR 74639, 74648 (Dec. 9, 2008). AHAM commented that it supports the alternative approach, but that the delay start and cycle finished mode hours more appropriately would be combined with the active mode hours than with the inactive and off mode hours.

(AHAM, Public Meeting Transcript, TP No. 8 at p. 123; AHAM, TP No. 10 at p. 6.) As discussed in section III.B.2, DOE has determined that delay start and cycle finished modes are not standby modes according to the definitions proposed in today's SNOPR. Therefore, DOE is not proposing to combine delay start and cycle finished mode hours with active mode hours as commented by AHAM. However, because the power consumption of clothes dryers operating in such modes approximates the power levels in off/inactive modes, it would be more appropriate under a simplified approach to allocate the hours associated with delay start and cycle finished modes to off/inactive modes. Therefore, in today's SNOPR, because DOE is not proposing amendments to the clothes dryer test procedure to measure delay start and cycle finished power consumption, DOE is proposing to maintain the estimate of 8,620 hours as the non-active hours that would be allocated to inactive and off modes for clothes dryers.

In the December 2008 TP NOPR, DOE proposed to allocate the number of hours for the combined off and inactive modes entirely to either off mode or standby mode, as appropriate, if only one of these modes is possible for the clothes dryer. DOE noted in the October 2008 TP NOPR that 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. Because of this limitation, DOE proposed in the October 2008 TP NOPR to allocate half of the hours determined for off/inactive modes to each of the two modes. 73 FR 74639, 74648 (Dec. 9, 2008). Because of DOE's interpretation of the inactive and off mode data supplied by Whirlpool as not being representative of typical inactive and off mode hours under the EPCA mode definitions, and in the absence of additional data regarding allocation of hours, this SNOPR does not affect DOE's proposal in the December 2008 TP NOPR for the allocation of hours between inactive mode and off mode.

DOE recognizes that the analysis of the number of annual hours allocated to each clothes dryer mode are based, in part, on the number of annual use cycles. Although, as discussed in section III.C.5.a, DOE believes that the average number of annual cycles is currently 283 rather than the 416 cycles specified in the current DOE clothes dryer test procedure, DOE does not have any information on whether active mode cycle times may have changed accordingly. It is possible that the smaller number of use cycles may correspond to larger load sizes and thus, potentially, longer drying times. Therefore, in consideration of Whirlpool's data submittal which supported DOE's estimate of 140 hours in active mode, DOE is proposing in today's SNOPR the same allocation of hours for inactive mode and off mode that were proposed in the December 2008 TP NOPR even though it is proposing fewer annual use cycles.

In summary, DOE is proposing to amend the clothes dryer test procedure to calculate clothes dryer energy use per cycle associated with inactive and off modes by: (1) Calculating the product of wattage and allocated hours for inactive and off modes, depending on which of these modes are possible; (2) summing the results; (3) dividing the sum by 1,000 to convert from Wh to kWh; and (4) dividing by 283 cycles per year. The 8,620 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 were possible, the hours would be allocated to each mode equally as discussed above in this section, and each would be allocated 4,310 hours.

b. Room Air Conditioners

In the December 2008 TP NOPR, DOE stated it was not aware of reliable data for hours spent in different standby and off modes in room air conditioners. Therefore, DOE estimated the annual hours for standby and off modes and the relative magnitude of annual energy use in standby and off modes in an example for a representative 8,000 Btu/hour (Btu/h), 9 EER unit that has

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2010-15025. Public record. Not legal advice.