# Energy Conservation Program for Consumer Products: Test Procedures for Clothes Dryers and Room Air Conditioners > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A2010-32118 ## Record - **Collection:** Federal Register - **Document type:** Rule - **Published:** January 6, 2011 - **Citation:** 76 FR 972 ## 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: Final rule. SUMMARY: The U.S. Department of Energy (DOE) amends its test procedures for residential clothes dryers and room air conditioners under the Energy Policy and Conservation Act (EPCA). The amendments provide for measurement of standby mode and off mode power use by these products and also amend the active mode test procedures for these products. For standby and off mode energy use, these amendments incorporate into the DOE test procedures relevant provisions from the International Electrotechnical Commission (IEC) Standard 62301, “Household electrical appliances—Measurement of standby power,” (first edition June 2005), 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 adopting definitions of modes based on the relevant provisions from IEC Standard 62301 Second Edition Committee Draft for Vote. For active mode energy use, DOE adopts testing methods for ventless clothes dryers, test cloth preconditioning requirements for clothes dryer energy tests, test conditions for gas clothes dryers, test conditions for clothes dryer drum capacity measurement, amendments to clarify current clothes dryer usage patterns and capabilities and to update the references to industry standards in the room air conditioner and clothes dryer test procedures. DATES: This rule is effective February 7, 2011. The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register on February 7, 2011. ADDRESSES: You may review copies of all materials related to this rulemaking at the U.S. Department of Energy, Resource Room of the Building Technologies Program, 950 L'Enfant Plaza, SW., Suite 600, Washington, DC, (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 regarding visiting the Resource Room. FOR FURTHER INFORMATION CONTACT: Mr. Subid Wagley, 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) 287-1414. E-mail: Subid.Wagley@ee.doe.gov . Ms. Elizabeth Kohl, U.S. Department of Energy, Office of the General Counsel, GC-71, 1000 Independence Avenue, SW., Washington, DC 20585-0121. Telephone: (202) 586-7796. E-mail: Elizabeth.Kohl@hq.doe.gov . SUPPLEMENTARY INFORMATION: This final rule incorporates by reference into part 430 the following industry standards: (1) AHAM HLD-1-2009 (“AHAM HLD-1”), “Household Tumble Type Clothes Dryers,” (2009). Copies of AHAM HLD-1 are available from the Association of Home Appliance Manufacturers, 1111 19th Street, NW., Suite 402, Washington, DC 20036, (202) 872-5955, or http://www.aham.org/ . (2) ANSI/AHAM RAC-1-2008 (“ANSI/AHAM RAC-1”), “Room Air Conditioners,” (2008; ANSI approved July 7, 2008). Copies of ANSI/AHAM RAC-1 are available from the American National Standards Institute, 11 West 42nd Street, New York, New York 10036, (212) 642-4936, or http://webstore.ansi.org/ . (3) ANSI/ASHRAE Standard 16-1983 (“ANSI/ASHRAE 16”) (RA 2009), (Reaffirmation of ANSI/ASHRAE Standard 16-1983 [RA 1999]), “Method of Testing for Rating Room Air Conditioners and Packaged Terminal Air Conditioners,” ASHRAE approved October 18, 1988, and reaffirmed June 20, 2009; ANSI approved October 20, 1998 and reaffirmed June 25, 2009. Copies of ANSI/ASHRAE 16 are available from the American National Standards Institute, 11 West 42nd Street, New York, New York 10036, (212) 642-4936, or http://webstore.ansi.org/ . (4) International Electrotechnical Commission (IEC) Standard 62301 (“IEC 62301”), “Household electrical appliances—Measurement of standby power (first edition June 2005).” Copies of IEC 62301 are available from the American National Standards Institute, 11 West 42nd Street, New York, New York 10036, (212) 642-4936, or http://webstore.iec.ch/ . 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 Ventless 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 10. Other Clothes Dryer Test Procedure Issues a. Test Cloth Specifications b. Relative Humidity Measurement Specifications c. Calculations of EF and CEF d. Measurement of Kilowatt Electricity Demand e. Clarifications to the Measurement of Drum Capacity f. Test Procedure Language D. Compliance With Other EPCA Requirements 1. Test Burden 2. Integration of Standby Mode and Off Mode Energy Consumption Into the Energy Efficiency Metrics IV. Effects of Test Procedure Revisions on Compliance With Standards A. Standby Mode and Off Mode B. Active Mode—Clothes Dryers C. Active Mode—Room Air Conditioners 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 M. Congressional Notification VI. Approval of the Office of the Secretary I. Background and Authority Title III of the Energy Policy and Conservation Act of 1975 (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 B of Title III, Public Law 94-163 (42 U.S.C. 6291-6309, as codified) establishes the “Energy Conservation Program for Consumer Products Other Than Automobiles,” a program covering most major household appliances 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. For editorial reasons, upon codification in the U.S. Code, Part B was re-designated Part A. Under the Act, this program consists essentially of four parts: (1) Testing; (2) labeling; (3) the establishment of Federal energy conservation standards; and (4) certification and enforcement procedures. The Federal Trade Commission (FTC) is responsible for labeling, and DOE implements the remainder of the program. 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 and shall not be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) In any rulemaking to amend a test procedure, DOE must also 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)) EPCA also states that the Secretary's authority to amend energy conservation standards under 42 U.S.C. 6293(e) shall not affect the Secretary's obligation to issue final rules as described in 42 U.S.C. 6295. (42 U.S.C. 6293(e)(4)) 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 September 14, 1977 (the September 1977 TP Final Rule). 42 FR 46145. On May 19, 1981 DOE published a final rule (the May 1981 TP Final Rule) to amend the test procedure by establishing a field-use factor for clothes dryers with automatic termination controls, clarifying the test cloth specifications and clothes dryer preconditioning, and making editorial and minor technical changes. 46 FR 27324. The existing clothes dryer test procedure incorporates by reference two industry test standards: (1) The Association of Home Appliance Manufacturers (AHAM) Standard HLD-1-1974, “AHAM Performance Evaluation Procedure for Household Tumble Type Clothes Dryers” (AHAM Standard HLD-1-1974); and (2) AHAM Standard HLD-2EC, “Test Method for Measuring Energy Consumption of Household Tumble Type Clothes Dryers” December 1975 (AHAM Standard HLD-2EC). 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 at http://www.ansi.org . 4 ASHRAE standards are available at http://www.ashrae.org . As currently drafted, the test procedures for the products at issue in this rulemaking do not account for standby mode and off mode energy consumption, except in one narrow product class. Specifically, for gas clothes dryers with constant burning pilot lights, DOE's current test procedure for clothes dryers addresses the standby energy use of such pilot lights. EPCA, however, states that gas clothes dryers shall not be equipped with a constant burning pilot for products manufactured on or after January 1, 1988. (42 U.S.C. 6295(g)(3)) As discussed in section III.C.8, DOE amends the clothes dryer test procedure in today's final rule to remove any provisions for measuring constant burning pilot lights. EPCA directs DOE to amend its test procedures to include measures of standby mode and off mode energy consumption. EPCA further directs 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)] 5 6 and IEC Standard 62087 [“Methods of measurement for the power consumption of audio, video, and related equipment,” Second Edition 2008-09]. Id. 5 IEC standards are available at: http://www.iec.ch. 6 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. EPCA also 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)) The test procedure amendments regarding provisions for standby mode and off mode in today's final rule shall become effective 30 days after the publication of the rule in the Federal Register . DOE notes, however, that the procedures and calculations for standby mode and off mode energy consumption need not be performed at this time to determine compliance with the current energy conservation standards. Manufacturers would be required to use the amended test procedures' standby mode and off mode provisions starting on the compliance date of any final rule establishing amended energy conservation standards for clothes dryers and room air conditioners that address standby mode and off mode energy consumption. In addition, starting 180 days after publication of today's test procedure final rule, any representations as to the standby mode and off mode energy consumption must be based upon results generated under the applicable provisions of this test procedure. (42 U.S.C. 6293(c)(2)) DOE published a notice of proposed rulemaking (NOPR) on December 9, 2008 (the 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. These consisted 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. DOE also proposed amendments to correct text describing the EF calculation for clothes dryers and the text referencing room air conditioner industry test standards. 73 FR 74650. The proposals in the NOPR were addressed at a public meeting on December 17, 2008 (the December 2008 Public Meeting). In addition, DOE invited written comments, data, and information on the December 2008 TP NOPR 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) Establishing 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) considering an additional standby mode (a “network mode”); (4) clarifying the definitions of standby and off mode; (5) harmonizing mode definitions and testing procedures with international standards, in particular IEC Standard 62301 Second Edition, Committee Draft 2 (IEC Standard 62301 CD2); and (6) integrating 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 consider 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. Subsequently, DOE received information that IEC Standard 62301 Second Edition would not be published until late 2010. To allow for the consideration of standby and off mode power consumption in the concurrent energy conservation standards rulemaking, DOE published a SNOPR on June 29, 2010 (hereafter referred to as the June 2010 TP SNOPR), proposing mode definitions based on the new mode definitions from the most recent draft version of IEC Standard 62301 Second Edition which, at that time, was designated as IEC Standard 62301 Second Edition Committee Draft for Vote (IEC Standard 62301 CDV). 75 FR 37594. The IEC circulated IEC Standard 62301 CDV on August 28, 2009. IEC Standard 62301 CDV contained the most recent proposed amendments to IEC Standard 62301, including new mode definitions, at the time the June 2010 TP SNOPR was issued. IEC Standard 62301 CDV revised the proposed mode definitions from previous draft versions of IEC Standard 62301 and addressed comments received by interested parties in response to those drafts. As a result, DOE stated in the June 2010 TP SNOPR that the mode definitions in IEC Standard 62301 CDV represent the best definitions available for the supporting analysis. Id. DOE also determined after publication of the December 2008 TP NOPR to conduct a rulemaking to amend the active mode test procedure for clothes dryers and room air conditioners. As part of this rulemaking, DOE intended to address issues on which it requested comment in the concurrent energy conservation standards rulemaking, discussed below. In the June 2010 TP SNOPR, DOE proposed the following test procedure amendments for the measurement of active mode energy consumption for clothes dryers and room air conditioners: (1) Procedures for more accurately measuring the effects of different automatic termination technologies in clothes dryers; (2) provisions for ventless clothes dryers, which are being considered under an amended energy conservation standard; (3) updated detergent specifications for clothes dryer test cloth preconditioning; (4) changes to better reflect current usage patterns and capabilities for the covered products; (5) updated references to external test procedures; and (6) clarifications to the test conditions for gas clothes dryers. 75 FR 37594 (June 29, 2010). The proposals in the SNOPR were addressed at a public meeting on July 14, 2010 (July 2010 Public Meeting). In addition, DOE invited written comments, data, and information on the June 2010 TP SNOPR through August 30, 2010. DOE received oral comments from interested parties at the July 2010 Public Meeting and subsequently received 13 written comments. The principal test procedure issues on which interested parties commented were: (1) The consideration of the most recent draft IEC Standard 62301 Second Edition, Final Draft International Standard (IEC Standard 62301 FDIS); (2) the settings used for standby and off mode testing; (3) the allocation of hours to different standby and off modes; (4) the clothes dryer cycle settings selected for automatic cycle termination testing methods; (5) the inclusion of the cool-down period for clothes dryer automatic cycle termination tests; (6) revisions to the water temperature for clothes dryer test load preparation; (7) test conditions for ventless clothes dryers; (8) the consideration of the effects of clothes dryers on HVAC energy use; (9) the initial remaining moisture content (RMC) value for clothes dryers; (10) the number of room air conditioner annual operating hours; and (11) the consideration of fan-only active mode for room air conditioners. Test procedure amendments for the measurement of active mode energy consumption for clothes dryers and room air conditioners will become effective 30 days after the publication of today's final rule in the Federal Register . In addition, DOE also notes that as of 180 days after the publication of today's 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 must 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 fulfills the 7-year review requirement prescribed by EPCA. 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)) DOE is also conducting a concurrent energy conservation standards rulemaking for residential clothes dryers and room air conditioners. For clothes dryers, EPCA establishes 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 has initiated the second cycle of clothes dryer standards rulemakings by publishing a notice of availability of a framework document, discussed in more detail below. 72 FR 57254 (October 9, 2007). For room air conditioners, EPCA establishes performance standards that became effective on January 1, 1990, and directs 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. 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). DOE initiated the second cycle of room air conditioner standards rulemakings concurrent with the clothes dryer rulemaking. 72 FR 57254 (October 9, 2007). As stated above, DOE initiated the second cycle of residential clothes dryer and room air conditioner energy conservation standards rulemakings by publishing 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 on October 9, 2007 (hereafter the October 2007 Framework Document). 72 FR 57254. 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) 7 in clothes loads; (2) account for fewer annual use cycles; and (3) add the capability to test ventless clothes dryers. (Framework Document, STD No. 1 at pp. 4-6) 8 DOE received comments in response to the October 2007 Framework Document that it should consider changes to the clothes 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) DOE received comments in response to the October 2007 Framework Document that it should consider changes to the ambient test conditions for room air conditioners. 7 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. 8 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. EPCA directs 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 is required by consent decree to publish a final rule setting forth any revised efficiency standards for clothes dryers and room air conditioners by June 30, 2011. As result, this final rule must incorporate standby and off mode energy use. II. Summary of the Proposal In today's final rule, DOE amends its test procedures for clothes dryers and room air conditioners to: (1) Use in the concurrent development of energy conservation standards that address the energy use of these products when in standby mode and off mode, as well as in the implementation of any amended standards; (2) address the statutory requirement to expand test procedures to incorporate measures of standby mode and off mode power consumption; (3) adopt changes to the water temperature for clothes dryer test load preparation; (4) expand the clothes dryer test procedures to accommodate ventless clothes dryers being considered for coverage under an amended energy conservation standard; (5) adopt technical changes to better reflect current usage patterns and capabilities for the covered products; (6) update detergent specifications for clothes dryer test cloth preconditioning; (7) update the references to external test procedures; (8) clarify the test conditions for gas clothes dryers; and (9) clarify the test conditions for clothes dryer drum capacity measurements. As discussed in this section, DOE is not adopting the technical changes and procedures to more accurately measure the effects of different automatic cycle termination technologies in clothes dryers proposed in the June 2010 TP SNOPR. The following paragraphs summarize the amendments. Standby and Off Mode In today's final rule, DOE incorporates 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. DOE also incorporates into each test procedure the definitions of “active mode,” “standby mode,” and “off mode” based on the definitions provided in IEC Standard 62301 CDV. Further, DOE adopts additional language in each test procedure to clarify how clauses from IEC Standard 62301 and the mode definitions from IEC Standard 62301 CDV are to be applied when measuring standby mode and off mode power consumption. 9 9 EISA 2007 directs DOE to also consider IEC Standard 62087 when amending its test procedure to include standby mode and off mode energy consumption. See 42 U.S.C. 6295(gg)(2)(A). As explained subsequently in this notice, because IEC Standard 62087 addresses the methods of measuring the power consumption of audio, video, and related equipment, it is inapplicable to the products at issue in this rulemaking. For reasons discussed in section III.B.2 for clothes dryers, DOE adopts a definition and testing procedures for a single standby mode, rather than the multiple standby modes—“inactive” mode, “cycle finished” mode, and “delay start” mode—as proposed in the December 2008 TP NOPR. 73 FR 74639, 74645 (December 9, 2008). DOE also adopts new methods to calculate clothes dryer standby mode and off mode energy use, as well as a new measure of energy efficiency—Combined Energy Factor (CEF)—that includes energy use in standby mode and off mode. The standby mode and off mode amendments do not change the method to calculate the existing clothes dryer energy efficiency metric for active mode, the energy factor (EF). Similarly, for reasons discussed in section III.B.2 for room air conditioners, DOE adopts a definition and testing procedures for a single standby mode, rather than the multiple standby modes—“inactive” mode, “delay start” mode, and “off-cycle” mode—as proposed in the December 2008 TP NOPR. 73 FR 74639, 74645. DOE also adopts new methods to calculate room air conditioner standby mode and off mode energy use and a new measure of energy efficiency—Combined Energy Efficiency Ratio (CEER)—that includes energy use in the standby mode and the off mode. The standby mode and off mode amendments do not change the method used to calculate the existing room air conditioner energy efficiency metric for active mode, the energy efficiency ratio (EER). 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. Upon further consideration, however, DOE determined that, because the proposed test procedure would be limited to measuring 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 not adopting those requirements for testing conditions in today's final rule. In the June 2010 TP SNOPR, DOE proposed that standby mode and off mode testing for both clothes dryers and room air conditioners be conducted at the settings that produce the highest power consumption level, consistent with the particular mode definition under test. 75 FR 37594, 37604 (June 29, 2010). Upon further consideration, however, DOE believes that provisions for testing in the settings that produce the highest power consumption level would not be representative of consumer usage. For the reasons discussed in section III.B.2, DOE believes the provisions in section 5.2 of IEC Standard 62301 that specify the appliance be installed and set up in accordance with manufacturers' instructions, or if no instructions are given, the appliance be tested at factory or “default” settings, is more representative of consumer usage. Therefore, DOE amends the test procedure in today's final rule to incorporate by reference section 5.2 of IEC Standard 62301 for standby and off mode testing for both clothes dryers and room air conditioners in today's final rule. For the reasons discussed in section III.B.5, DOE revises the estimated annual operating cost calculation for both clothes dryers and room air conditioners (Estimated Annual Operating Cost and Annual Energy Cost, respectively) to integrate the cost of energy use in the standby mode and off mode. Amendments to the Water Temperature for Clothes Dryer Test Load Preparation The existing DOE clothes dryer test procedure requires that the test load be agitated in water whose temperature is 100 °F ± 5 °F. In the June 2010 TP SNOPR, DOE stated that it did not have data indicating whether a different water temperature for clothes dryer test load preparation would be more representative of current consumer usage, but that if consumer usage data is made available that indicates a 60 °F ± 5 °F water temperature is more representative of consumer use, DOE may adopt this alternate approach. 75 FR 37594, 37615 (June 29, 2010). As discussed in section III.C.2, DOE believes that the cold water rinse cycle is more representative of typical consumer use based on the rinse temperature use factors in the DOE clothes washer test procedure and the Energy Information Administration (EIA) 2005 “Residential Energy Consumption Survey” (RECS) 10 11 data reporting the percentage of clothes washer cycles for which consumers use cold water for the rinse cycle. Therefore, DOE amends the clothes dryer test procedure in today's final rule to change the water temperature for clothes dryer test load preparation to 60 °F ± 5 °F. This temperature is more representative of the clothes load temperature after a cold rinse cycle at the end of the wash cycle. 10 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/. 11 EIA's 2005 RECS is the latest available version of this survey. Provisions for Testing Ventless Clothes Dryers In today's final rule, DOE amends the current clothes dryer test procedure to include provisions for testing ventless clothes dryers. These provisions are based upon an alternate test procedure developed by DOE and proposed in the June 2010 TP SNOPR that provide separate definitions for a “conventional clothes dryer” and a “condensing clothes dryer.” These provisions also qualify the requirement for an exhaust simulator so that it would apply only to conventional clothes dryers. Further, DOE includes in the test procedure additional language based on provisions from European Standard EN 61121, “Tumble dryers for household use—Methods for measuring the performance,” Edition 3 2005 (the EN Standard 61121). These provisions clarify the alternate test procedure developed by DOE. EN Standard 61121 is an internationally-accepted test standard that specifies methods for testing ventless clothes dryers. The clarifications require that if a ventless clothes dryer is equipped with a condensation box, the clothes dryer shall be tested with such condensation box installed as specified by the manufacturer. A condensation box stores condensed moisture removed from the air exiting the drum. The box is later emptied by the user. In addition, the clarifications also state that if the clothes dryer stops the test cycle because the condensation box is full, the test is not valid because the unit would not be operating as intended by the manufacturer to condense moisture in the air exiting the clothes dryer drum. In such cases, the condensation box must be emptied and the test re-run from the beginning. The clarifications also state that the condenser heat exchanger cannot be taken out of the clothes dryer between tests to clarify the test procedure and ensures that all manufacturers are testing products under the same conditions. Finally, DOE adopts clarifications that address clothes dryer preconditioning for ventless clothes dryers, as discussed in section III.C.3. Amendments To Reflect Current Usage Patterns and Capabilities DOE amends the test procedure for clothes dryers to reflect current usage patterns and capabilities. These amendments are based on DOE's analysis of consumer usage patterns data. As proposed in the June 2010 SNOPR, DOE revises 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 (that is, product classes) of clothes dryers. This revision is based on DOE's analysis of data from the 2005 RECS for the number of laundry loads (clothes washer cycles) washed per week and the frequency of clothes dryer use. In addition, as proposed in the 2010 SNOPR, DOE changes the 7-pound (lb) clothes dryer test load size specified by the current test procedure for standard-size clothes dryers to 8.45 lb. This revision is 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). DOE assumes these historical trends proportionally impact clothes dryer load sizes. DOE believes most compact clothes dryers are used in conjunction with compact-size clothes washers, however, and DOE does not have any information to suggest that the tub volume of such clothes washers has changed significantly. Therefore, DOE is not changing the 3-lb test load size currently specified in its clothes dryer test procedure for compact clothes dryers in today's final rule. In the June 2010 TP SNOPR, DOE also proposed to revise the 70-percent initial RMC required by the test procedure to 47 percent so as to accurately represent the condition of a laundry load after a wash cycle. This proposal was based on analysis of shipment-weighted RMC data for clothes washers submitted by AHAM and a distribution analysis of RMC data for clothes washer models listed in the December 22, 2008 California Energy Commission (CEC) directory. 75 FR 37594, 37599 (June 29, 2010). In response to comments from interested parties on the June 2010 TP SNOPR, DOE determined that an initial clothes dryer RMC of 57.5 percent more accurately represents the moisture content of laundry loads after a wash cycle for the purposes of clothes dryer testing. As discussed in section III.5.b, this RMC is derived from the 47-percent shipment-weighted RMC for clothes washers, but was derived without applying an RMC correction factor as required by the DOE clothes washer test procedure. For these reasons, DOE revises the initial clothes dryer RMC from 70 percent to 57.5 percent in today's final rule. Clothes Dryer Automatic Cycle Termination In the June 2010 TP SNOPR, DOE proposed to revise its clothes dryer 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). 75 FR 37594, 37598 (June 29, 2010). DOE proposed to incorporate the testing methods from these international test standards, along with a number of clarifications, to measure the energy consumption for both timer dryers and automatic termination control dryers. The measurement would account for the amount of over-drying energy consumption, that is, the energy consumed by the clothes dryer after the load reaches an RMC of 5 percent. 75 FR 37594, 37599 (June 29, 2010). DOE conducted testing of representative clothes dryers using the automatic cycle termination test procedure proposed in the June 2010 TP SNOPR; however, the test results showed that all of the clothes dryers tested significantly over-dried the DOE test load to near bone dry. In addition, the measured EF values were significantly lower than EF values obtained using the existing DOE test procedure, and the test data indicated that clothes dryers equipped with automatic termination controls were less efficient than timer dryers. DOE believes the test procedure amendments for automatic cycle termination proposed in the June 2010 TP SNOPR do not adequately measure the energy consumption of clothes dryers equipped with such systems using the test load specified in the DOE test procedure. DOE believes that clothes dryers with automatic termination sensing control systems, which infer the RMC of the load from the properties of the exhaust air such as temprature and humidity, may be designed to stop the cycle when the consumer load has a higher RMC than the RMC obtained using the proposed automatic cycle termination test procedure in conjunction with the existing test load. 12 Manufacturers have indicated, however, that test load types and test cloth materials different than those specified in the DOE test procedure do not produce results as repeatable as those obtained using the test load as currenty specified. In addition, DOE presented data in the May 1981 TP Final Rule from a field use survey conducted by AHAM as well as an analysis conducted by the National Bureau of Standards (now known as the National Institute of Standards and Technology (NIST)) of field test data on automatic termination control dryers. Analysis of this data showed that clothes dryers equipped with an automatic cycle termination feature consume less energy than timer dryers by reducing over-drying. 46 FR 27324 (May 19, 1981). 12 To investigate this, DOE conducted additional testing using a test load similar to that specified in AHAM Standard HLD-1-2009, which consists of cotton bed sheets, towels, and pillow cases. For tests using the same automatic cycle termination settings as were used in the testing described earlier ( i.e., normal cycle setting and highest temperature setting, the alternate test load was dried to 1.7 to 2.2 percent final RMC, with an average RMC of 2.0 percent. In comparison, the same clothes dryer under the same cycle settings dried the DOE test load to 0.3 to 1.2 percent RMC, with an average RMC of 0.7 percent. Thus, DOE concluded that the proposed automatic cycle termination control test procedures may not stop at an appropriate RMC when used with the current test load. For the reasons discussed above, DOE believes the test procedure amendments for automatic cycle termination proposed in the June 2010 TP SNOPR do not adequately measure the energy consumption of clothes dryers equipped with such systems. As a result, DOE is not adopting the amendments for automatic cycle termination proposed in the June 2010 TP SNOPR. 75 FR 37594, 37598-99 (June 29, 2010). If data is made available to develop a test procedure that accurately measures the energy consumption of clothes dryers equipped with automatic termination controls, DOE may consider revised amendments in a future rulemaking. DOE received comments in response to the June 2010 TP SNOPR that it should revise the definition of “automatic termination control” in the current clothes dryer test procedure. Commenters felt the definition should more clearly account for electronic controls by specifying that a preferred automatic termination control setting can also be indicated by any other visual indicator (in addition to a mark or detent). DOE agrees this clarification should be added and is amending the definition of “automatic termination control” in the clothes dryer test procedure to include it. DOE also received comments stating that the field-use factor for clothes dryers with automatic cycle termination applied in the per-cycle energy consumption calculation excludes sensing technologies that do not meet the definitions of “temperature sensing control” or “moisture sensing control,” which are narrowly defined to require that the control system use either a temperature sensor that monitors the exhaust air or a moisture sensor contained within the drum. DOE believes the definition of “automatic termination control” more broadly applies to any sensing system that monitors either the dryer load temperature or its moisture content and that this definition would not limit the emergence of any new sensor technologies that monitor the moisture content or temperature in other ways from applying the field use factor for automatic cycle termination. For these reasons, DOE amends the test procedure to specify that the field use factor applies to clothes dryers that meet the requirements for the definitions of “automatic termination control.” Other Changes For clothes dryers, DOE also revises the detergent specifications for test cloth preconditioning to update the detergent specified in the test procedure, eliminates an unnecessary reference to an obsolete industry clothes dryer test standard, and amends the test conditions for gas clothes dryers to specify the required gas supply pressure. DOE also received comments related to clothes dryers from interested parties on issues not addressed in the June 2010 TP SNOPR. Commenters suggested that DOE clarify the provisions for the measurement of drum capacity to specify that the clothes dryer's rear drum surface be supported on a platform scale to “prevent deflection of the drum surface * * *” instead of “prevent deflection of the dryer.” As discussed in section III.C.10.e, DOE agrees with these comments and adopts that provision in today's final rule. In addition, DOE received comments in response to the June 2010 TP SNOPR that it should expressly state the equations for EF and CEF in the test procedure to provide optimal clarity for the regulated industry. DOE agrees with comments that the equations for EF and CEF should be included in 10 CFR part 430, subpart B, appendix D1 for completeness. Therefore, DOE amends the clothes dryer test procedure in today's final rule to include those calculations and to clarify in 10 CFR part 430.23(d)(2) and (3) that the EF and CEF must be determined in accordance with the appropriate sections in 10 CFR part 430, subpart B, appendix D1. For room air conditioners, DOE updates 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. Therefore, DOE is not amending the annual usage hours specified by the current DOE test procedure for room air conditioners. As noted in section I, EPCA requires that DOE determine to what extent, if any, test procedure amendments 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. In determining the amended energy conservation standard, DOE must measure, pursuant to the amended test procedure, the energy efficiency, energy use, or water use (as applicable) 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 that 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 are effective 30 days after the publication of today's final rule in the Federal Register . Because the amendments to the test procedures for measuring standby mode and off mode energy consumption do not alter the existing measures of energy consumption or efficiency for clothes dryers and room air conditioners, the amendments do not affect a manufacturer's ability to comply with current energy conservation standards. Manufacturers will not be required to use the amended test procedures' standby mode and off mode provisions until the mandatory compliance date of any 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 publication of today's final rule must be based upon the standby and off mode requirements of the amended test procedures. (42 U.S.C. 6293(c)(2)) DOE examines how each of the amendments to the active mode provisions in its clothes dryer and room air conditioner test procedures in today's final rule will affect the measured efficiency of products in section IV. III. Discussion A. Products Covered by the Test Procedure Changes Today's amendments to DOE's clothes dryer test procedure cover both electric and gas clothes dryers, DOE defines a clothes dryer to mean a cabinet-like appliance designed to dry fabrics in a tumble-type drum with forced air circulation, with blower(s) driven by an electric motor(s) and either gas or electricity as the heat source. Porticos Inc. (Porticos) commented in response to the June 2010 TP SNOPR that DOE's definition for an electric clothes dryer excludes every possible alternative from consideration. Porticos stated that any alternate innovative clothes dryer technology, such as microwave, radio-frequency, vacuum, desiccant, and vapor-compression, would not meet the current electric clothes dryer definition, and direct comparisons would not be possible. Porticos commented that a better definition would be “an electrical appliance for drying clothes” and that any more limiting verbiage serves only to exclude new entrants from the marketplace. (Porticos, No. 23 at p. 1) Porticos also commented that DOE should reexamine the test procedures to remove any explicit or implicit reference to a particular technology or approach to clothes drying. (Porticos, No. 23 at p. 2) DOE notes that the definition of a clothes dryer in the CFR does not prohibit other products (that is, those that do not fall under the definition of a clothes dryer) from being introduced to the market. For example, spin dryers or drying cabinets that do not use a heat source, forced air circulation, or a tumble-type drum are currently commercially available. Under the product definition suggested by Porticos, DOE notes that blow dryers, fans, or heat lamps could be considered covered products. DOE is also not aware of any commercially available microwave, radio-frequency, vacuum, desiccant, or vapor-compression clothes dryers. As a result, no data is available by which DOE could develop standards for such dryers. For these reasons, DOE is not revising the definition of a clothes dryer in today's final rule. DOE's regulations define a room air conditioner as a consumer product 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. It does not include packaged terminal air conditioners. 13 This definition and the 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 changing the definition for room air conditioners in today's final rule. 13 DOE's regulations define a packaged terminal air conditioner as a wall sleeve and a separate encased combination of heating and cooling assemblies specified by the builder and intended for mounting through the wall. It includes a prime source of refrigeration, separable outdoor louvers, forced ventilation, and heating availability energy. 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 (December 9, 2008). 14 DOE noted that IEC Standard 62301 provides for measuring standby power in electrical appliances, including clothes dryers and room air conditioners, and, therefore, is applicable to the proposed amendments to the clothes dryer and room air conditioner test procedures. 73 FR 74643-44 (December 9, 2008). 14 DOE notes 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, IEC Standard 62087 is not applicable to the amendments to the clothes dryer and room air conditioner test procedures. 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”; as well as from 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 (December 9, 2008). In the December 2008 TP NOPR, DOE noted that EPCA (42 U.S.C. 6295(gg)(2)(A)) requires that in developing any amended test procedures, DOE consider the most current version of IEC Standard 62301. The IEC is currently developing an updated version of this standard, IEC Standard 62301 Second Edition. 73 FR 74639, 74644 (December 9, 2008). At the time of publication of the December 2008 TP NOPR, however, IEC Standard 62301 was the “current version, which DOE was required by EPCA to consider. 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 (December 9, 2008). DOE did not receive any objections to the proposed testing methods and procedures referenced in IEC Standard 62301 in response to the December 2008 TP NOPR. As a result, the June 2010 TP SNOPR did not affect DOE's proposal in the December 2008 TP NOPR to incorporate by reference the clauses presented above from IEC Standard 62301. 75 FR 37594, 37602 (June 29, 2010). 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. DOE received information, however, that IEC Standard 62301 Second Edition would not be available until late 2010. To allow for consideration of standby and off mode power consumption in the concurrent energy conservation standards rulemaking, DOE proposed in the June 2010 TP SNOPR the new mode definitions from the most recent draft version of IEC Standard 62301 Second Edition, IEC Standard 62301 CDV. The definitions of standby mode, off mode, and active mode in IEC Standard 62301 CDV expand upon the EPCA mode definitions and provide additional guidance as to which functions are associated with each mode. 75 FR 37594, 37602 (June 29, 2010). 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 definitions that represent a substantial improvement over those in IEC Standard 62301. Id. These definitions are discussed in detail in Section III.B.2. In response to the June 2010 TP SNOPR, AHAM, Alliance Laundry Systems (ALS), and Whirlpool Corporation (Whirlpool) commented in support of referencing the most recent draft version of IEC Standard 62301 Second Edition, designated as IEC Standard 62301 FDIS, for test methods and mode definitions rather than IEC Standard 62301 First Edition and IEC Standard 62301 CDV. (AHAM, Public Meeting Transcript, No. 20 at pp. 18, 26-27; AHAM, No. 27 at p. 2; ALS, No. 24 at p. 1; Whirlpool, No. 27 at p. 1) AHAM and Whirlpool commented that IEC Standard 62301 FDIS will soon be formally adopted by IEC, and it contains a number of clarifications to the definitions and test procedures not present in IEC Standard 62301 CDV. According to AHAM and Whirlpool, this will allow for optimum international harmonization, giving clarity and consistency to the regulated community and decreasing testing burden. (AHAM, No. 31 at p. 2; Whirlpool, No. 27 at p. 1) Additionally, AHAM commented that no technical edits can be made to the standard after the FDIS version, so most countries allow a legal reference to this version. (AHAM, Public Meeting Transcript, No. 20 at pp. 14-15) AHAM commented that IEC Standard 62031 FDIS incorporates comments from energy efficiency advocates, including the addition of an uncertainty power measurement section that would limit the possibility for different measurement results from different test labs. (AHAM, Public Meeting Transcript, No. 20 at pp. 16, 18, 26-27) AHAM also noted that IEC Standard 62301 FDIS includes a new sampling measurement method and an average reading measurement method. (AHAM, Public Meeting Transcript, No. 20 at pp. 13-18) AHAM commented that if DOE chooses not to adopt the IEC Standard 62301 FDIS, AHAM supports the use of IEC Standard 62301 CDV as the main referenced document. (AHAM, No. 31 at p. 2) Pacific Gas and Electric Company (PG&E), Southern California Gas Company (SCGC), Southern California Edison (SCE), and Natural Resources Defense Council (NRDC) (hereafter “the California Utilities/NRDC”), stated in a jointly filed comment that they support harmonization with international standards and support the use of the definitions and test procedures in IEC Standard 62301 CDV. (California Utilities/NRDC, No. 33 at p. 2) According to publicly available information, the IEC currently anticipates that the final version of IEC Standard 62301 Second Edition will likely be published in early 2011. Therefore, the second edition is not available for DOE's consideration or incorporation by reference. DOE is aware that there are significant differences between IEC Standard 62301 First Edition and IEC Standard 62301 FDIS, which is the latest draft version of IEC Standard 62301 Second Edition. DOE notes that these changes in methodology were first introduced only at the IEC Standard 62301 FDIS stage. These changes have not been the subject of significant comment from interested parties, nor has DOE had the opportunity to conduct a thorough analysis of those provisions. Consequently, the merits of these latest changes have not been fully vetted to demonstrate that they are preferable to the existing methodological provisions in the current version of the IEC standard. For these reasons, DOE has decided to base the test procedure amendments (other than the mode definitions, which are discussed in Section III.B.2) on the provisions of IEC Standard 62301 First Edition. DOE based the mode definitions on the language from IEC Standard 62301 CDV to address specific concerns raised by interested parties, as discussed above in this section. As discussed in section III.B.2, DOE notes that the mode definitions in IEC Standard 62301 CDV are essentially the same as the definitions provided in IEC Standard 62301 FDIS, with only minor editorial changes. For the reasons discussed above and in the December 2008 NOPR and June 2010 SNOPR, DOE amends its test procedures for clothes dryers and room air conditioners in today's final rule to incorporate by reference the clauses from IEC Standard 62301 First Edition and the mode definitions from IEC Standard 62301 CDV. 73 FR 74639 (December 9, 2008); 75 FR 37594, 37602 (June 29, 2010). DOE may consider incorporating by reference clauses from IEC Standard 62301 Second Edition when that version has been published. 2. Determination of Modes To Be Incorporated December 2008 TP NOPR 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 (December 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 IEC Standard 62301 First Edition, which 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.” The EPCA definition permits 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.” 15 15 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 consumes 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 consumes energy could be considered to be in off mode while not providing an active function. (42 U.S.C. 6295(gg)(1)(A)(ii)) DOE recognized, however, that the EPCA 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 certain features being considered part of standby mode or off mode instead of active mode depending on the interpretation of the meaning of “main functions.” 73 FR 74639, 74644-45 (December 9, 2008). As a result, DOE further 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 clarify standby and off mode definitions as follows: For clothes dryers— “Active mode” means a mode in which the clothes dryer is performing the main function of tumbling the clothing with or without heated or unheated forced air circulation to remove moisture from the clothing and/or remove or prevent wrinkling of the clothing; “Inactive mode” means a standby mode other than delay start mode or cycle finished mode that facilitates the activation of active mode by remote switch (including remote control), internal sensor, or timer, or provides continuous status display; “Cycle finished mode” means a standby mode that provides continuous status display following operation in active mode; “Delay start mode” means a standby mode that facilitates the activation of active mode by timer; and “Off mode” means a mode in which the clothes dryer is not performing any active or standby function. 73 FR 74645. For room air conditioners— “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 74645. June 2010 TP SNOPR and Today's Final Rule—Active Mode. As discussed in section III.B.1, DOE proposed in the June 2010 TP SNOPR to amend the DOE clothes dryer and room air conditioner test procedures to define active mode as a mode that “includes product modes where the energy using product is connected to a mains power source, has been activated and provides one or more main functions” 75 FR 37594, 37603 (June 29, 2010). The definition of active mode proposed in the June 2010 TP SNOPR is the same as the definition proposed for the December 2008 TP NOPR, with minor editorial changes to conform with the definition in IEC Standard 62301 CDV. 73 FR 74639, 74644 (December 9, 2008). DOE noted 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. 16 DOE inferred 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. 75 FR 37594, 37603 (June 29, 2010). Delay start mode is discussed later in this section. 16 “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 . As discussed above in section III.B.1, the California Utilities/NRDC commented that it supports the use of the mode definitions in IEC Standard 62301 CDV. (California Utilities/NRDC, No. 33 at p. 2) Also discussed above in section III.B.1, AHAM and Whirlpool supported the use of the mode definitions in IEC Standard 62301 FDIS. (AHAM, Public Meeting Transcript, No. 20 at p. 18; AHAM, No. 31 at p. 2; Whirlpool, No. 27 at p. 1) DOE notes that the definition of active mode in IEC Standard 62301 FDIS is essentially the same as the definition provided in IEC Standard 62301 CDV, with only minor editorial changes. For the reasons stated above, DOE is adopting in today's final rule the active mode definition proposed in the June 2010 TP SNOPR. In the June 2010 TP SNOPR, DOE did not change 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. 75 FR 37594, 37603 (June 29, 2010). DOE did not receive any comments objecting to the clarifications for the range of main functions that would be classified as active mode functions for each product. Therefore, for the reasons stated above, DOE adopts the amendments to clarify the range of main functions that would be classified as active mode functions as proposed in the December 2008 TP NOPR. Id. For clothes dryers, DOE also investigated in the June 2010 TP SNOPR 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. 75 FR 37594, 37603 (June 29, 2010). The current DOE test procedure does not contain any provisions that would account for the energy and water use of steam cycles. DOE's analysis of a preliminary market survey of products available on the market conducted for the June 2010 TP SNOPR suggests that, at this time, steam cycles represent a very small fraction of overall product use nationwide. DOE also stated that it is unaware of energy and water consumption or consumer usage data with respect to steam. For these reasons, DOE did not propose amendments to include measurement of steam cycles for clothes dryers in the June 2010 TP SNOPR. Id. DOE did not receive any comments regarding the determination to not include measurement of steam cycles for clothes dryers. For these reasons, DOE is not amending its clothes dryer test procedure to include measurement of steam cycles. June 2010 TP SNOPR and Today's Final Rule—Standby Mode As discussed in section III.B.1, DOE proposed in the June 2010 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. 75 FR 37604. DOE proposed to define standby mode as a mode that “includes any product modes where the energy using product is connected to a mains power source and offers one or more of the following user oriented or protective functions which may persist for an indefinite time: 17 17 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.” Id. DOE also proposed an additional clarifiction 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 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. ALS supported DOE's proposed definition of standby mode. (ALS, No. 24 at p. 1) Whirlpool commented that DOE should reference IEC 62301 FDIS for the standby mode definition. (Whirlpool, No. 27 at p. 1) AHAM commented that DOE should define a timer function under the standby mode definition to exclude limited duration situations where the appliance is in a higher power state, for example in delay start mode. (AHAM, Public Meeting Transcript, No. 20 at pp. 35-36) DOE notes that the definition of standby mode in IEC Standard 62301 FDIS is essentially the same as the definition provided in IEC Standard 62301 CDV, with only minor editorial changes. DOE also notes the definition of standby mode specifies that it must be a mode that may persist for an indefinite time, which would exclude limited duration situations. Therefore, DOE does not believe that any additional clarification in the definition of standby mode is necessary. For these reasons, DOE is adopting in today's final rule the standby mode definition proposed in the June 2010 TP SNOPR. 75 FR 37594, 37604 (June 29, 2010). DOE stated in the June 2010 TP SNOPR that given 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. 75 FR 37604. DOE's analysis of annual energy use in specific clothes dryer and room air conditioner modes presented in the December 2008 TP NOPR showed 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 those products. 73 FR 74639, 74647, 74649 (December 9, 2008). Therefore, an integrated energy efficiency metric for either clothes dryers or room air conditioners would not be measurably affected by the exclusion of the energy use in any of these modes. Further, DOE stated in the June 2010 TP SNOPR that the benefit of incorporating the energy use of these modes into the overall energy efficiency metric 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 did not propose 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 the June 2010 TP SNOPR. DOE included in the proposed clothes dryer and room air conditioner test procedures amendments in the June 2010 TP SNOPR provisions for measuring energy consumption only in the inactive mode and off mode. 75 FR 37594, 37604 (June 29, 2010). The California Utilities/NRDC, AHAM, ALS, and Whirlpool agreed that delay start and cycle finished modes for clothes dryers would not be considered standby modes. (California Utilities/NRDC, No. 33 at p. 2; AHAM, No. 31 at p. 3; Whirlpool, No. 27 at p. 1; ALS, No. 24 at p. 1) AHAM and Whirlpool added that delay start and cycle finished modes should instead be considered part of active mode. (AHAM, No. 31 at p. 3; Whirlpool, No. 27 at p. 1) Whirlpool also commented that any function begun by the user when initiating the operating mode includes all power consumed until the full conclusion of that operation. (Whirlpool, No. 27 at p. 1) DOE continues to believe that delay start, cycle finished, and off-cycle modes for clothes dryers and room air conditioners are not modes that persist for an indefinite time and, therefore, would not be considered standby modes. For the reasons discussed above, DOE continues to believe that the benefit of incorporating the energy use of these modes into the overall energy efficiency is outweighed by the burden that would be placed on the manufacturers to measure power consumption in each of these modes. As discussed in section III.B.4, however, DOE determined that the power consumption of clothes dryers and room air conditioners operating in such modes approximates the power levels in inactive/off modes. Therefore, DOE amends the test procedure in today's final rule to specify that all non-active mode hours be allocated to the inactive and off modes for both clothes dryers and room air conditioners. Thus, the amended test procedure accounts for the energy use in delay start, cycle finished, and off-cycle modes. For these reasons, DOE is not adopting 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 the June 2010 TP SNOPR, DOE noted that it received comments from interested parties in response to the December 2008 TP NOPR that the as-shipped factory or “default” settings should be used for standby and off mode testing. 75 FR 37594, 37605 (June 29, 2010). DOE stated in the June 2010 TP SNOPR that provisions for setting up the appliance for standby mode and off mode testing should be specified in the test procedure. However, DOE stated that setting up the appliance in accordance with manufacturer's instructions or in the as-shipped factory or “default” settings 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. Therefore, DOE proposed in the June 2010 TP SNOPR 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. Id. AHAM, Whirlpool, and ALS objected to the proposal that the clothes dryer be set up at the highest energy consumption level consistent with the particular standby or off mode. They felt such an approach does not reflect consumer use, increases test burden to determine such settings, and lacks conformity, consistency, and repeatability across manufacturers. AHAM, Whirlpool, and ALS commented that the clothes dryer should instead be set up in factory or “default” cycle settings, and that this procedure is consistent with consumer usage and will result in repeatable, reproducible results. AHAM and Whirlpool stated that should there be no indicators for the default settings, the appliance should be tested as shipped. AHAM, Whirlpool, and ALS stated that such an approach would ensure uniformity among the different laboratories that may run the test. They also stated that DOE's proposal would introduce unnecessary variability into the test and add to the test burden because manufacturers would need to run several tests on every model to determine which cycle is the highest-energy cycle. (AHAM, No. 31 at pp. 4-5; Whirlpool, No. 27 at p. 1; ALS, No. 24 at pp. 1-2) Whirlpool added that repeatable results are of increasing importance for verification processes. (Whirlpool, No. 27 at p. 1) AHAM commented that incentivizing manufacturers to ship products with the lowest power settings is a better way to save energy than shipping with the highest power settings, because most consumers do not change the settings. (AHAM, Public Meeting Transcript, No. 20 at p. 56) AHAM stated that products may have provisions for the consumer to add or delete product functions that alter the as-shipped standby energy mode, and that the power consumption in these user-selected modes may exceed the power consumption in the lowest-power consumption mode. AHAM stated that the user must be informed as to how to make these selections and that the selection(s) will override the lowest-power consumption mode. According to AHAM, testing the appliance in the factory settings or “default” settings provides a clear and simple way to define standby mode and allow new functions that may be developed to be added to the appropriate mode without requiring the test procedure be revised. (AHAM, No. 31 at p. 3) The California Utilities/NRDC supported DOE's proposed approach to use the settings that produce the highest power consumption for standby and off mode testing. They felt this approach would remove a potential opportunity for “gaming” appliance testing and would ensure that the standby mode and off mode testing would measure the highest energy-consuming combination of modes. The California Utilities/NRDC stated that there is no data that indicates that the factory default settings are uniform, or that they are typically used by consumers. In addition, the California Utilities/NRDC stated that DOE's proposed approach would standardize the standby mode and off mode testing among manufacturers, because how a factory default setting is used during testing may not be consistent from manufacturer to manufacturer. (California Utilities/NRDC, No. 33 at p. 2) Appliance Standards Awareness Project (ASAP) also commented that using the default settings for testing would give manufacturers an incentive to ship products in a very low-power mode that consumers may never use because they can easily adjust the settings. (ASAP, Public Meeting Transcript, No. 20 at p. 55) DOE agrees with AHAM, Whirlpool, and ALS that the proposed provisions for testing standby and off mode using the settings that produce the highest power consumption level consistent with the particular mode definition under test would not be representative of consumer use. If manufacturers were to ship products in a very low-power mode, DOE does not believe that consumers would likely modify the settings so that the product is in the highest power settings, but would instead use what would have been the as-shipped factory or “default” settings during typical standby or off mode use. DOE agrees that, because newer products offer more consumer related features and thus more display or settings configurations, requiring laboratories to determine the settings that produce the highest power consumption levels would make it more difficult to ensure that test results are repeatable. DOE notes that section 5.2 of IEC Standard 62301, “Selection and preparation of appliance or equipment,” includes provisions for installing and setting up the appliance as specified by manufacturers instructions. Section 5.2 of IEC Standard 62301 also specifies that if no instructions are given, the appliance shall be tested at factory or default settings, and where there are no indications for such settings, the appliance shall be tested as supplied. DOE believes that section 5.2 of IEC Standard 62301 clarifies the installation requirements for standby mode and off mode energy consumption testing and provides additional guidance regarding specifications for test setup that would result in a measure of standby and off mode energy consumption that best replicates actual consumer usage. For these reasons, DOE is incorporating by reference section 5.2 of IEC Standard 62301 for standby and off mode testing in today's final rule. June 2010 TP SNOPR and Today's Final Rule—Standby Mode or Active Mode, Network Mode For the June 2010 TP SNOPR, DOE also considered whether it should adopt amendments for network mode. 75 FR 37594, 37605 (June 29, 2010). Section 3.7 of IEC Standard 62301 CDV defines network mode as a mode category that “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 stated in the June 2010 TP SNOPR that it is unaware of any clothes dryers or room air conditioners currently available on the market that incorporate a networking function. Further, DOE stated that it is unaware of any data regarding network mode that would enable it to determine appropriate testing procedures and mode definitions for clothes dryers and room air conditioners. In particular, DOE stated that it 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 consume power differently when the device is looking for a connection as opposed to when the network connection is actually established. DOE stated that it is also unaware of how the energy consumption for clothes dryers and room air conditioners in a network environment might be affected by their product design, user interaction, or network interaction. For example, DOE is unaware of what affects might result should the network function become active intermittently according to a fixed schedule or in response to a network requirement. For these reasons, the proposed amendments in the June 2010 TP SNOPR did not include network mode. Id. AHAM commented that there are not enough products currently available on the market from which to gather data regarding network mode. AHAM stated that, in the event DOE decides to address network mode, AHAM does not support including network mode in standby or off mode. AHAM commented that network mode and the energy use associated with “Smart Appliances” 18 should be treated as a distinctive energy use that enhances electrical grid system efficiencies that save energy and reduce carbon emissions, adding that this is consistent with IEC Standard 62301 FDIS. AHAM also commented that when sufficient data exists, AHAM would be willing to work with DOE to define where and how to address network mode. (AHAM, No. 31 at p. 4) AHAM also added that if network mode is considered part of standby mode, it would be a major difficulty in the development of “Smart Appliances” and the “Smart Grid.” 19 (AHAM, Public Meeting Transcript, No. 20 at pp. 38-39) 18 A “Smart Appliance” is a product equipped with network mode capabilities. 19 A “Smart Grid” is an automated electric power system that monitors and controls electrical grid activities and is capable of real-time two-way digital communications between utilities and consumers. Information on Smart Grid is available online at http://www.oe.energy.gov/smartgrid.htm . Whirlpool commented that network mode will become a vital mode in the future development of appliances capable of interacting with the Smart Grid, but that such products do not exist today outside of development laboratories. Whirlpool urged DOE to retain network mode as a separate mode as distinct from any other mode. Whirlpool urged that no standard or test procedure be adopted for this mode until manufacturers have sufficient quantities of Smart Grid models in production that comprehensive testing and measurement can take place. (Whirlpool, No. 27 at pp. 1-2) The American Council for an Energy-Efficient Economy (ACEEE), ASAP, and NRDC stated in a jointly filed comment (hereafter the “Joint Efficiency Advocates Comment”) that if network mode is a mode the appliance would be in at all times, it should be classified as standby; if it is an intermittent or user-activated condition, it should be considered active mode. The Joint Efficiency Advocates Comment suggested that DOE's definition of network mode be aligned with the IEC definition and recommended creating a test method for network mode. This test method would be similar to the standby test method, but network connectivity would be enabled. The Joint Efficiency Advocates Comment stated that units could be tested without actually connecting to a network; simply enabling the network capabilities should be enough to test energy consumption while in a simulated networking state. The Joint Efficiency Advocates Comment recommended that DOE consider incorporating network mode into energy consumption ratings as the market for network-enabled devices developed. In the meantime, network mode should be tested on available appliances, and that research and analysis should be conducted on predicted or actual consumer usage in advance of a future revision to the test procedure. (Joint Efficiency Advocates Comment, No. 28 at p. 3) DOE notes that, in the absence of data on the operation and functionality of network mode, it is unable to define appropriate testing conditions and procedures for accurately measuring the energy use of clothes dryers and room air conditioners capable of functioning in network mode. This lack of data also prevents DOE from evaluating how these products will develop in the future. Also, because DOE does not have sufficient data on the operation and functionality of network mode, it is not making a determination as to whether network mode would be included as part of standby or active mode. DOE may consider amendments to the clothes dryer and room air conditioner test procedures when products capable of functioning in network mode are in production and commercially available. At that time, comprehensive analysis can determine appropriate testing conditions and procedures for accurately measuring network mode energy use. June 2010 TP SNOPR and Today's Final Rule—Off Mode As discussed in section III.B.1, DOE proposed in the June 2010 TP 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 proposed 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. 20 An indicator that only shows the user that the product is in the off position is included within the clasification of off mode.” 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. 75 FR 37594, 37605 (June 29, 2010). 20 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. AHAM commented that the off mode definition proposed in the June 2010 TP SNOPR, which is based on IEC Standard 62301 CDV, is identical to the definition included in IEC Standard 62301 FDIS. (AHAM, Public Meeting Transcript, No. 20 at p. 41) For the reasons stated above, DOE is adopting in today's final rule the off mode definition proposed in the June 2010 TP SNOPR. 75 FR 37594, 37605 (June 29, 2010). DOE also stated in the June 2010 TP SNOPR that under the proposed mode definitions, a clothes dryer or room air conditioner equipped with a mechanical on/off switch that can disconnect power to the display, control components, or both 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 also stated that an energized LED or other indication that only shows the user the product is in the off position would be considered part of off mode under the proposed definition, provided that no other standby or active mode functions were energized. If energy is consumed by the appliance in the presence of a one-way remote control, however, the unit would be operating in standby mode pursuant to EPCA (42 U.S.C. 6295(gg)(1)(A)(iii)). DOE clarified that the unit would be operating in standby mode if energy is consumed in the presence of a remote control that facilitates the activation or deactivation of other functions (including active mode). 75 FR 37594, 37605-06 (June 29, 2010). AHAM and Whirlpool commented that they do not support including one-way remote control energy in the definition of standby mode. AHAM and Whirlpool stated that although EPCA defines standby mode to include activation by remote control, one-way remotes do not meet the intent of the statute. AHAM and Whirlpool further commented that when a standard remote powers a product “off,” the remote actually powers the product down, not off, such that it can be turned on again via remote control, and that this would be classified as a standby mode under the EPCA standby mode definition. According to AHAM and Whirlpool, a one-way remote turns the product completely off such that it cannot be turned on again by the remote. Therefore, a one-way remote does not put the product into a standby mode and should not be incorporated into standby mode. (AHAM, No. 31 at p. 3; AHAM, Public Meeting Transcript, No. 20 at pp. 32-33; Whirlpool, No. 27 at p. 1) AHAM added that there are currently few, if any, one-way remotes in the United States. AHAM stated that including one-way remotes in the off mode instead of in the standby mode will encourage manufacturers to design products with one-way remotes, which could result in decreased energy use. (AHAM, No. 31 at p. 3) AHAM also noted that a number of other governments and organizations consider one-way remotes as exempt from standby mode because such remotes save power. AHAM stated that DOE should take the same approach. (AHAM, Public Meeting Transcript, No. 20 at pp. 33-34) DOE notes the definition of standby mode proposed in the June 2010 TP SNOPR states that standby mode includes user-oriented or protective functions to facilitate the activation of other modes (including activation or deactivation of active mode) by remote switch (including remote control), internal sensor, or timer. DOE believes that if the product is consuming energy to power an infrared sensor used to receive signals from a remote control (while not operating in the active mode), such a function would be considered part of standby mode, regardless of whether the remote is classified as “one-way” or “two-way.” This is because the function to facilitate the deactivation of another mode by remote switch (including remote control), internal sensor, or timer is still active. However, if a “one-way” remote control powers the product down, including turning off any infrared sensors to receive signals from a remote control, the product would be operating in the off mode once it is powered down, given that no other standby mode functions within the product are energized. Depending on whether the product is capable of operating in both a standby mode and off mode or just the off mode, the annual hours associated would be allocated as appropriate, as discussed in section III.B.4. 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 there would be no energy use in a “disconnected mode” and therefore is not adopting a definition or testing methods for such a mode in the DOE test procedure for clothes dryers or room air conditioners in today's final rule. 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 (December 9, 2008). As discussed in section III.B.2, DOE believes that the mode identified as inactive mode in the December 2008 TP NOPR is the only significant standby mode for clothes dryers and room air conditioners. This section discusses product-specific clarifications of the procedures of IEC Standard 62301 when used to measure standby and off mode energy use for clothes dryers and room air conditioners. 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 (December 9, 2008). 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. All of the units with electronic controls automatically dimmed or powered down after a period of user inactivity. Table III.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 5-7 minutes of user inactivity after the user interface display has been energized for all products tested. Table III.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 wait at least 5 minutes for the product to stabilize and then measure 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. Based on its testing results shown in Table III.1, however, DOE noted 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 to IEC Standard 62301, 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 stated in the June 2010 TP SNOPR that 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. DOE stated that based on its observation of the automatic power-down time periods during its testing, the 30-minute stabilization and 10-minute measurement periods provide a clearer and more consistent testing procedure than the corresponding times specified in IEC Standard 62301. A testing procedure using these stabilization and measurement periods would result in representative measurements among products that may have varying times before the power drops to a low level. 75 FR 37594, 37607 (June 29, 2010). DOE also noted in the June 2010 TP SNOPR 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. To ensure the testing procedures for standby and off mode are clear and consistent such that different test technicians test the product using the same procedures, DOE proposed the stabilization period be 30 to 40 minutes, and the test period be 10 minutes. Id. ALS and AHAM supported DOE's proposal to require a stabilization period of 30 minutes and a test period of 10 minutes for clothes dryers. (ALS, No. 24 at p. 1; AHAM, No. 31 at p. 4) AHAM commented that the purpose of the stabilization period is to reach a steady-state condition with a power state that may last for an indefinite period of time. AHAM stated that IEC Standard 62301 includes provisions to wait to reach the lowest power state without specifying a time to allow an accurate measurement for all products, so that all products are tested in the same manner. AHAM noted that this will result in some power consumption in the higher energy state not being measured, but this amount is likely to be small due to the small amount of time products spend in this mode. (AHAM, Public Meeting Transcript, No. 20 at pp. 45-48) AHAM also commented that a note in section 3.4 of IEC Standard 62301 FDIS states that a transition between modes would not be considered a mode, and that none of the 123 countries involved with the IEC process commented on this note. (AHAM, Public Meeting Transcript, No. 20 at pp. 48-49) DOE agrees with AHAM's comments that any transition between modes would not be considered a mode. Therefore, DOE does not intend to include the measurement of energy consumption for any stabilization or transition phases when the product is powering down to a lower-power state. For the reasons stated above, DOE adopts in today's final rule the requirement that the stabilization period be 30 to 40 minutes and the test period be 10 minutes, as proposed in the June 2010 TP SNOPR. 75 FR 37594, 37607 (June 29, 2010). 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 (December 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 in the same test room to use the current ambient temperature requirements for drying tests, because the latter temperatures are within the limits specified by IEC Standard 62301. Alternatively, the proposed temperature specifications would allow a manufacturer who opts to conduct standby mode and off mode testing separately from drying tests more flexibility in ambient temperature. In comments submitted on the June 2010 TP SNOPR, AHAM, ALS, and Whirlpool supported the proposed test room ambient temperature for clothes dryer standby and off mode testing. (AHAM, No. 31 at p. 4; ALS, No. 24 at p. 1; Whirlpool, No. 27 at p. 2) For the reasons stated above, and in the absence of any comments on this proposal, DOE adopts the test room ambient temperature of 73.4 ± 9 °F specified by IEC Standard 62301 for 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 be 79 °F. 73 FR 74639, 74646 (December 9, 2008). These conditions differ from the cooling performance testing conditions in the current 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 the off-cycle operation defined in the December 2008 TP NOPR as a standby mode. 73 FR 74646. 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. As a result, DOE stated in the June 2010 TP SNOPR that the proposed test chamber ambient conditions would be relevant only for off-cycle mode. DOE also stated that if the test procedure were limited to measurement of inactive mode as the 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. 75 FR 37594, 37608 (June 29, 2010). DOE therefore proposed in the June 2010 TP 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 the June 2010 TP SNOPR specify maintaining the indoor test conditions at the temperature required by section 4.2 of IEC Standard 62301 if tested in a cooling performance test chamber. The proposed amendments also specify maintaining the room ambient test conditions at the temperature required by section 4.2 of IEC Standard 62301 if tested in a separate test room. Further, if the unit is tested in the cooling performance test chamber, the proposed amendments in the June 2010 TP SNOPR 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 noted that the indoor temperature conditions required by the DOE cooling performance test procedure fall within the temperature range specified by section 4.2 of IEC Standard 62301. Id. AHAM supported DOE's proposed test room ambient temperature for room air conditioner standby and off mode testing. (AHAM, No. 31 at p. 4) ASAP questioned whether DOE has conducted any testing to determine if there are any differences in the power measurements between the two temperature conditions. (ASAP, Public Meeting Transcript, No. 20 at p. 60) DOE is not aware of any data indicating that the ambient temperature would affect the measured standby or off mode power. For the reasons stated above, DOE is adopting in today's final rule the test room ambient temperature proposed in the June 2010 TP SNOPR for room air conditioner standby and off mode testing. 75 FR 37594, 37608 (June 29, 2010). Similar to clothes dryers, DOE proposed in the December 2008 TP NOPR (73 FR 74639, 74646 (December 9, 2008)) that standby and off modes for room air conditioners, other than delay start mode, be tested with a stabilization period of no less than 5 minutes and a measurement period of 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. DOE stated in the June 2010 TP SNOPR that it 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. 75 FR 37594, 37608 (June 29, 2010). DOE also noted, however, 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. 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 proposed in the June 2010 TP SNOPR to require that the stabilization period be 5 to 10 minutes, and the test period be 5 minutes. 75 FR 37594, 37608 (June 29, 2010). AHAM supported DOE's proposed stabilization period for room air conditioners. (AHAM, No. 31 at p. 4) For the reasons stated above, DOE adopts the requirement that the stabilization period be 5 to 10 minutes and the test period be 5 minutes, as proposed in the June 2010 TP SNOPR. 75 FR 37594, 37608 (June 29, 2010). 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. (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. 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, to measure energy consumption during standby and off modes for clothes dryers, DOE proposed in the December 2008 TP NOPR to adopt the current 140 hours associated with drying (that is, the active mode) and to associate the remaining 8,620 hours of the year with the standby and off modes. Table III.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 (December 9, 2008). Table III.2—DOE Estimate of Annual Energy Use of Clothes Dryer Modes Mode Hours Typical power W Annual energy use kilowatt-hours (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). DOE reviewed comments from interested parties on the December 2008 TP NOPR and stated in the June 2010 TP SNOPR that under the proposed definitions of standby and off modes, the allocation of annual hours to inactive and off modes is appropriate. DOE also stated that the June 2010 TP SNOPR did not affect DOE's proposal in the December 2008 TP NOPR for this allocation of hours. 75 FR 37594, 37609 (June 29, 2010). In the December 2008 TP NOPR, DOE also proposed an alternative simplified methodology for allocating annual hours. 73 FR 74639, 74648 (December 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 74648. As discussed in section III.B.2, DOE determined in the June 2010 TP SNOPR that delay start and cycle finished modes are not standby modes according to the proposed definitions. Because the power consumption of clothes dryers operating in such modes approximates the power levels in off/inactive modes, DOE stated in the June 2010 TP SNOPR that 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, and because DOE did not propose amendments to the clothes dryer test procedure to measure delay start and cycle finished power consumption given the negligible power consumption in these modes, DOE proposed in the June 2010 TP SNOPR 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. 75 FR 37594, 37601 (June 29, 2010). ALS objected to retaining the allocation of clothes dryer hours proposed in the June 2010 TP SNOPR. ALS stated that the estimates were based on 416 cycles per year and supported a revision to the hours so that they are consistent with DOE's proposed 283 cycles per year and other proposed cycle definition changes. (ALS, No. 24 at p. 2) DOE notes that the estimate of delay start mode hours developed in the December 2008 TP NOPR was based on the number of cycles per year in the existing test procedure (that is, 416 cycles per year). DOE estimated in the December 2008 TP NOPR that 5 minutes per cycle are spent in delay start mode. 73 FR 74639, 74647 (December 9, 2008). Under the amended test procedure in today's final rule, the number of cycles per year is revised from 416 to 283 cycles per year. Thus, DOE now estimates that clothes dryers would be in delay start mode approximately 24 hours per year. DOE also notes that the estimate for active mode hours presented in the December 2008 TP NOPR was fixed based on the number of such hours specified in the existing test procedure (140 hours). 73 FR 74646-7. DOE acknowledges that its estimate of the number of cycles per year has decreased. As discussed later in this section, DOE notes that other proposed amendments in today's final rule, including the changes to the initial RMC, test load size, and specified water temperature for test load preparation, may also affect cycle time and the number of active mode hours per year. DOE is not aware, however, of any data indicating that the number of active mode hours has changed and, if so, what a more accurate number might be. Therefore, DOE is not proposing amendments to the number of active mode hours. In the December 2008 TP NOPR DOE estimated 5 percent of the remaining hours (that is, not including active mode hours and delay start mode hours) would be associated with cycle finished mode and 95 percent associated with inactive/off modes (73 FR 74647). This would result in revised values of 430 hours for cycle finished mode and 8,166 hours for inactive/off modes. DOE acknowledges that the estimates for hours in each standby and off mode would change based on the number of annual clothes dryer cycles. Because DOE is not proposing to measure delay start and cycle finished modes for clothes dryers, however, and is instead allocating those hours to inactive/off modes (as discussed in section III.B.2), the aforementioned revisions to the standby and off mode hours would not change the total hours allocated to inactive/off mode because the number of active mode hours is fixed. ALS commented that DOE must also take into account the active mode cycle length change if DOE accepts commenters' support for testing the complete cycle including cool-down in the automatic termination test cycle. DOE's studies indicated that the cool-down in the automatic termination test cycle would be required to be tested on 100 percent of clothes dryers on the market. ALS commented that the Whirlpool-supplied estimate presented in the June 2010 TP SNOPR indicates an active drying cycle length of 20 minutes, which ALS stated is far too short if cool-down period is included. (ALS, No. 24 at p. 2) AHAM also questioned whether including the cool-down period would change the number of hours allocated to each mode in the calculations. (AHAM, Public Meeting Transcript, No. 20 at pp. 99-100) AHAM further commented that it could be difficult to assign a typical time to cool-down mode because there are significant differences between clothes dryers in the amount of time spent in this mode. (AHAM, Public Meeting Transcript, No. 20 at pp. 100-101) AHAM also commented, however, that cycle times are very dependent on the initial RMC used and that reducing the initial RMC value and accounting for cool-down may end up equaling out to the current 140 hours. (AHAM, Public Meeting Transcript, No. 20 at pp. 103-104) As discussed in section III.C.2, DOE is not adopting the amendments to the clothes dryer test procedure to better a [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2010-32118. Public record. Not legal advice.