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Federal Register / Vol. 86, No. 167 / Wednesday, September 1, 2021 / Proposed Rules 6. Capacity Measurement 7. Anomalous Cycles 8. Semi-Automatic Clothes Washers 9. Optional Cycle Modifiers 10. Clothes Washers With Connected Functionality E. Metrics 1. Replacing Capacity With WeightedAverage Load Size 2. Inverting the Water Metric 3. Annual Energy Use 4. Representation Requirements F. Cleaning Performance G. Consumer Usage Assumptions 1. Annual Number of Wash Cycles 2. Drying Energy Assumptions 3. Low-Power Mode Assumptions 4. Temperature Usage Factors 5. Load Usage Factors 6. Water Heater Assumptions 7. Commercial Clothes Washer Usage H. Clarifications 1. Water Inlet Hose Length 2. Water Fill Selection Availability 3. Water Fill Control Systems 4. Energy Test Cycle Flowcharts 5. Wash Time Setting 6. Annual Operating Cost Calculation 7. Structure of the Proposed New Appendix J
8. Proposed Deletions and Simplifications 9. Typographical Errors I. Test Cloth Provisions 1. Test Cloth Specification 2. Consolidation to Appendix J3
J. Product-Specific RMC Enforcement Provisions K. Test Procedure Costs, Harmonization, and Other Topics 1. Test Procedure Costs and Impact 2. Harmonization With Industry Standards 3. Other Test Procedure Topics L. Compliance Date and Waivers IV. Procedural Issues and Regulatory Review A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility Act 1. Description of Reasons Why Action Is Being Considered 2. Objective of, and Legal Basis for, Rule 3. Description and Estimate of Small Entities Regulated 4. Description and Estimate of Compliance Requirements 5. Duplication, Overlap, and Conflict With Other Rules and Regulations 6. Significant Alternatives to the Rule 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 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. Description of Materials Incorporated by Reference V. Public Participation
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A. Participation in the Webinar B. Procedure for Submitting Prepared General Statements for Distribution C. Conduct of the Webinar D. Submission of Comments E. Issues on Which DOE Seeks Comment VI. Approval of the Office of the Secretary
I. Authority and Background Consumer residential clothes washers RCWs are included in the list of covered products for which DOE is authorized to establish and amend energy conservation standards and test procedures. 42 U.S.C.
6292a7 DOEs energy conservation standards and test procedures for RCWs are currently prescribed at title 10 of the Code of Federal Regulations CFR, part 430 section 23j, and subpart B
appendices J1 Appendix J1 and J2
Appendix J2. DOE also prescribes a test method for measuring the moisture absorption and retention characteristics of new lots of energy test cloth, which is used in testing clothes washers, at appendix J3 to subpart B Appendix J3. Commercial clothes washers CCWs are included in the list of covered equipment for which DOE is authorized to establish and amend energy conservation standards and test procedures. 42 U.S.C. 63111H The test procedures for CCWs must be the same as those established for RCWs. 42
U.S.C. 6314a8 The following sections discuss DOEs authority to establish test procedures for RCWs and CCWs and relevant background information regarding DOEs consideration of test procedures for these products and equipment.
A. Authority The Energy Policy and Conservation Act, as amended EPCA,1 authorizes DOE to regulate the energy efficiency of a number of consumer products and certain industrial equipment. 42 U.S.C.
62916317 Title III, Part B 2 of EPCA
established the Energy Conservation Program for Consumer Products Other Than Automobiles, which sets forth a variety of provisions designed to improve energy efficiency. These products include RCWs. 42 U.S.C.
6292a7 Title III, Part C 3 of EPCA, added by Public Law 95619, Title IV, section 441a, established the Energy Conservation Program for Certain Industrial Equipment. This equipment includes CCWs. 42 U.S.C. 63111H
1 All references to EPCA in this document refer to the statute as amended through the Energy Act of 2020, Public Law 116260 Dec. 27, 2020.
2 For editorial reasons, upon codification in the U.S. Code, Part B was redesignated Part A.
3 For editorial reasons, upon codification in the U.S. Code, Part C was redesignated Part A1.

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Both RCWs and CCWs are the subject of this document.
The energy conservation program under EPCA consists essentially of four parts: 1 Testing, 2 labeling, 3
Federal energy conservation standards, and 4 certification and enforcement procedures. Relevant provisions of EPCA specifically include definitions 42 U.S.C. 6291; 42 U.S.C. 6311, test procedures 42 U.S.C. 6293; 42 U.S.C.
6314, labeling provisions 42 U.S.C.
6294; 42 U.S.C. 6315, energy conservation standards 42 U.S.C. 6295;
42 U.S.C. 6313, and the authority to require information and reports from manufacturers 42 U.S.C. 6296; 42
U.S.C. 6316.
The Federal testing requirements consist of test procedures that manufacturers of covered products must use as the basis for: 1 Certifying to DOE that their products comply with the applicable energy conservation standards adopted pursuant to EPCA 42
U.S.C. 6295s; 42 U.S.C. 6316a, and 2 making representations about the efficiency of those consumer products 42 U.S.C. 6293c; 42 U.S.C. 6314d.
Similarly, DOE must use these test procedures to determine whether the products and equipment comply with relevant standards promulgated under EPCA. 42 U.S.C. 6295s; 42 U.S.C.
6316a Federal energy efficiency requirements for covered products and equipment established under EPCA
generally supersede State laws and regulations concerning energy conservation testing, labeling, and standards. 42 U.S.C. 6297; 42 U.S.C.
6316a and b DOE may, however, grant waivers of Federal preemption for particular State laws or regulations, in accordance with the procedures and other provisions of EPCA. 42 U.S.C.
6297d; 42 U.S.C. 6316b2D
Under 42 U.S.C. 6293 and 42 U.S.C.
6314, EPCA sets forth the criteria and procedures DOE must follow when prescribing or amending test procedures for covered products and equipment, respectively. EPCA requires that any test procedures prescribed or amended under this section be reasonably designed to produce test results which measure energy efficiency, energy use or estimated annual operating cost of a covered product or equipment during a representative average use cycle or period of use and not be unduly burdensome to conduct. 42 U.S.C.
6293b3; 42 U.S.C. 6314a2
In addition, EPCA requires that DOE
amend its test procedures for all covered products to integrate measures of standby mode and off mode energy consumption. 42 U.S.C. 6295gg2A

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