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Federal Register / Vol. 86, No. 167 / Wednesday, September 1, 2021 / Proposed Rules administrative process in no way alters the legal effect of this document upon publication in the Federal Register.
Signed in Washington, DC, on August 5, 2021.
Treena V. Garrett, Federal Register Liaison Officer, U.S.
Department of Energy.

For the reasons stated in the preamble, DOE is proposing to amend parts 429, 430, and 431 of chapter II of title 10, Code of Federal Regulations as set forth below:
PART 429CERTIFICATION, COMPLIANCE, AND ENFORCEMENT
FOR CONSUMER PRODUCTS AND
COMMERCIAL AND INDUSTRIAL
EQUIPMENT
1. The authority citation for part 429
continues to read as follows:

Authority: 42 U.S.C. 62916317; 28 U.S.C.
2461 note.

2. Section 429.20 is amended by revising introductory paragraphs a2i and ii, and a3 to read as follows:

429.20

Residential clothes washers.

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a
2
i Any represented value of the integrated water factor, the estimated annual operating cost, the energy or water consumption, or other measure of energy or water consumption of a basic model for which consumers would favor lower values shall be greater than or equal to the higher of:

ii Any represented value of the integrated modified energy factor, energy efficiency ratio, water efficiency ratio, or other measure of energy or water consumption of a basic model for which consumers would favor higher values shall be less than or equal to the lower of:

3 The clothes container capacity of a basic model reported in accordance with paragraph b2 of this section shall be the mean of the measured clothes container capacity, C, of all tested units of the basic model.

3. Section 429.46 is amended by revising introductory paragraph a2ii to read as follows:
429.46

Commercial clothes washers.

a
2
ii Any represented value of the modified energy factor, active-mode
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energy efficiency ratio, water efficiency ratio, or other measure of energy or water consumption of a basic model for which consumers would favor higher values shall be greater than or equal to the higher of:

4. Section 429.134 is amended by revising paragraph c1 to read as follows:
429.134 Product-specific enforcement provisions.

c Clothes washers1
Determination of Remaining Moisture Content. These provisions address anomalous remaining moisture content RMC results that are not representative of a basic models performance, as well as differences in RMC values that may result from DOE using a different test cloth lot than was used by the manufacturer for testing and certifying the basic model.
i When testing according to appendix J to subpart B of part 430:
A If the measured RMC value of a tested unit is equal to or lower than the certified RMC value of the basic model expressed as a percentage, the measured RMC value will be considered the tested units final RMC value and will be used as the basis for the calculation of per-cycle energy consumption for removal of moisture from the test load for that unit.
B If the measured RMC value is higher than the certified RMC value of the basic model, the measured RMC
value of a tested unit will be considered the tested units final RMC value unless DOE used a different test cloth lot than was used by the manufacturer for testing and certifying the basic model; in which case, DOE may apply paragraph c1iC of this section if the difference between the measured and certified RMC values would affect the units compliance with the applicable standards.
C If DOE uses a different test cloth lot than was used by the manufacturer for testing and certifying the basic model:
1 If the difference between the tested units measured RMC value and the certified RMC value of the basic model is less than or equal to three RMC
percentage points, then the certified RMC value of the basic model may be considered the tested units final RMC
value.
2 If the tested units measured RMC
value is more than three RMC
percentage points higher than the certified RMC value of the basic model, then a value three RMC percentage points less than the measured RMC

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value may be considered the tested units final RMC value.
ii When testing according to appendix J2 to subpart B of part 430:
A The procedure for determining remaining moisture content RMC will be performed once in its entirety, pursuant to the test requirements of section 3.8 of appendix J2 to subpart B
of part 430, for each unit tested.
B If the measured RMC value of a tested unit is equal to or lower than the certified RMC value of the basic model expressed as a percentage, the measured RMC value will be considered the tested units final RMC value and will be used as the basis for the calculation of per-cycle energy consumption for removal of moisture from the test load for that unit.
C If the difference between the measured RMC value and the certified RMC value of the basic model is less than or equal to two RMC percentage points, the measured RMC value of a tested unit will be considered the tested units final RMC value unless DOE used a different test cloth lot than was used by the manufacturer for testing and certifying the basic model; in which case, DOE may apply paragraph c1iiE of this section if the difference between the measured and certified RMC values would affect the units compliance with the applicable standards.
D If the measured RMC value of a tested unit is more than two RMC
percentage points higher than the certified RMC value of the basic model, DOE will perform two replications of the RMC measurement procedure, each pursuant to the provisions of section 3.8.5 of appendix J2 to subpart B of part 430, for a total of three independent RMC measurements of the tested unit.
The average of the three RMC
measurements will be calculated.
1 If the average of the three RMC
measurements is equal to or lower than the certified RMC value of the basic model, the average RMC value will be considered the tested units final RMC
value.
2 If the average of the three RMC
measurements is higher than the certified RMC value of the basic model, the average RMC value will be considered the tested units final RMC
value unless DOE used a different test cloth lot than was used by the manufacturer for testing and certifying the basic model; in which case, DOE
may apply paragraph c1iiE of this section if the difference between the average and certified RMC values would affect the units compliance with the applicable standards.

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