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Proposed Rule2021-16830

Energy Conservation Program: Product Classes for Residential Dishwashers, Residential Clothes Washers, and Consumer Clothes Dryers

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Published

August 11, 2021

Issuing agencies

Energy Department

Abstract

On October 30, 2020 and December 16, 2020, the Department of Energy ("DOE") published two final rules that established product classes for residential dishwashers with a cycle time for the normal cycle of 60 minutes or less, top-loading residential clothes washers and consumer clothes dryers with a cycle time of less than 30 minutes, and front-loading residential clothes washers with a cycle time of less than 45 minutes ("short-cycle product classes"). The rules resulted in amended energy conservation standards for these short cycle product classes, without determining whether the relevant statutory criteria for amending standards were met. Thus, DOE proposes to revoke the two earlier rules that improperly promulgated standards and reinstate the prior product classes and applicable standards for these covered products. DOE requests written comment on its proposal and announces a public meeting to receive comment on this notice of proposed rulemaking ("NOPR").

Full Text

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<title>Federal Register, Volume 86 Issue 152 (Wednesday, August 11, 2021)</title>
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[Federal Register Volume 86, Number 152 (Wednesday, August 11, 2021)]
[Proposed Rules]
[Pages 43970-43978]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16830]

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Proposed Rules
Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 /
Proposed Rules

[[Page 43970]]

DEPARTMENT OF ENERGY

10 CFR Part 430

[EERE-2021-BT-STD-0002]
RIN 1904-AF14

Energy Conservation Program: Product Classes for Residential
Dishwashers, Residential Clothes Washers, and Consumer Clothes Dryers

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

ACTION: Notice of proposed rulemaking and request for comment.

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SUMMARY: On October 30, 2020 and December 16, 2020, the Department of
Energy (``DOE'') published two final rules that established product
classes for residential dishwashers with a cycle time for the normal
cycle of 60 minutes or less, top-loading residential clothes washers
and consumer clothes dryers with a cycle time of less than 30 minutes,
and front-loading residential clothes washers with a cycle time of less
than 45 minutes (``short-cycle product classes''). The rules resulted
in amended energy conservation standards for these short cycle product
classes, without determining whether the relevant statutory criteria
for amending standards were met. Thus, DOE proposes to revoke the two
earlier rules that improperly promulgated standards and reinstate the
prior product classes and applicable standards for these covered
products. DOE requests written comment on its proposal and announces a
public meeting to receive comment on this notice of proposed rulemaking
(``NOPR'').

DATES: Meeting: DOE will hold a webinar on September 23, 2021, from
1:00 p.m. to 4:00 p.m. See section VI, ``Public Participation,'' for
webinar registration information, participant instructions, and
information about the capabilities available to webinar participants.
Comments: DOE will accept comments, data, and information regarding
this NOPR no later than October 12, 2021.

ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at <a href="http://www.regulations.gov">www.regulations.gov</a>. Follow the
instructions for submitting comments for docket number EERE-2021-BT-
STD-0002. Alternatively, interested persons may send an email to:
<a href="/cdn-cgi/l/email-protection#8edde6e1fcfacdf7ede2ebdefce1eafbedfacde2effdfdebfdbcbebcbfdddacabebebebcceebeba0eae1eba0e9e1f8">[email&#160;protected]</a>. Include the docket
number EERE-2021-BT-STD-0002 and/or RIN 1904-AF14 in the subject line
of the message.
Although DOE has routinely accepted public comment submissions
through a variety of mechanisms, including the Federal eRulemaking
Portal, email, postal mail, or hand delivery/courier, the Department
has found it necessary to make temporary modifications to the comment
submission process in light of the ongoing COVID-19 pandemic. DOE is
currently accepting only electronic submissions at this time. If a
commenter finds that this change poses an undue hardship, please
contact Appliance Standards Program staff at (202) 586-1445 to discuss
the need for alternative arrangements. Once the COVID-19 pandemic
health emergency is resolved, DOE anticipates resuming all of its
regular options for public comment submission, including postal mail
and hand delivery/courier.
No telefacsimiles (faxes) will be accepted. For detailed
instructions on submitting comments and additional information on the
rulemaking process, see section VI (Public Participation) of this
document.
Docket: The docket for this activity, which includes Federal
Register notices, comments, and other supporting documents/materials,
is available for review at <a href="http://www.regulations.gov">www.regulations.gov</a>. All documents in the
docket are listed in the <a href="http://www.regulations.gov">www.regulations.gov</a> index. However, not all
documents listed in the index may be publicly available, such as
information that is exempt from public disclosure.
The docket web page can be found at <a href="http://www.regulations.gov/docket/EERE-2021-BT-STD-0002">www.regulations.gov/docket/EERE-2021-BT-STD-0002</a>. The docket web page contains instructions on how
to access all documents, including public comments, in the docket. See
section VI for information on how to submit comments through
<a href="http://www.regulations.gov">www.regulations.gov</a>.

FOR FURTHER INFORMATION CONTACT:
Mr. John Cymbalsky, U.S. Department of Energy, Office of Energy
Efficiency and Renewable Energy, Building Technologies Office, EE-5B,
1000 Independence Avenue SW, Washington, DC 20585-0121. Email:
<a href="/cdn-cgi/l/email-protection#98d9e8e8f4f1f9f6fbfdcbecf9f6fcf9eafcebc9edfdebecf1f7f6ebd8fdfdb6fcf7fdb6fff7ee">[email&#160;protected]</a>.
Ms. Kathryn McIntosh, U.S. Department of Energy, Office of the
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC,
20585-0121. Telephone: (202) 586-2002. Email:
<a href="/cdn-cgi/l/email-protection#f0bb91849882899edebd93b99e849f8398b09881de949f95de979f86">[email&#160;protected]</a>.
For further information on how to submit a comment, review other
public comments and the docket, or participate in the public meeting,
contact the Appliance and Equipment Standards Program staff at (202)
287-1445 or by email: <a href="/cdn-cgi/l/email-protection#febf8e8e92979f909d9bad8a9f909a9f8c9a8daf8b9b8d8a9791908dbe9b9bd09a919bd0999188">[email&#160;protected]</a>.

Table of Contents

I. Summary of Proposed Rulemaking
II. Authority and Background
A. Authority
B. Background
1. Residential Dishwashers
2. Residential Clothes Washers and Consumer Clothes Dryers
III. Discussion
IV. Conclusion
V. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 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
VI. Public Participation
A. Participation in the Webinar
B. Procedure for Submitting Prepared General Statements for
Distribution
C. Conduct of the Webinar
D. Submission of Comments
VII. Approval of the Office of the Secretary

I. Summary of Proposed Rulemaking

In October and December of 2020, DOE published two final rules that

[[Page 43971]]

established new short-cycle product classes for residential
dishwashers, residential clothes washers, and consumer clothes dryers.
85 FR 68723 (Oct. 30, 2020) (``October 2020 Final Rule''); 85 FR 81359
(Dec. 16, 2020) (``December 2020 Final Rule''). While these short-cycle
products had previously been subject to energy and water conservation
standards, the October and December 2020 Final Rules stated that short-
cycle product classes were no longer subject to any water or energy
conservation standards. 85 FR 68723, 68742; 85 FR 81359, 81376. As a
result, short-cycle products are currently allowed to consume unlimited
amounts of energy and water.
In amending the standards for short-cycle products to allow for
unlimited water and energy usage, DOE failed to consider whether the
amended standards met the criteria in the Energy Policy and
Conservation Act, as amended (``EPCA''),\1\ for issuing an amended
standard. Notably, among other things, DOE did not determine, as
required, that the amended standards for short-cycle products were
designed to achieve the maximum improvement in energy efficiency that
is technologically feasible and economically justified. 42 U.S.C.
6295(o)(2)(A). As such, DOE proposes to revoke the two earlier rules
that improperly promulgated standards and to reinstate the prior
product classes and applicable standards for these covered products.
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\1\ All references to EPCA in this document refer to the statute
as amended by the Energy Act of 2020, Public Law 116-260 (Dec. 27,
2020).
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II. Authority and Background

A. Authority

EPCA authorizes DOE to regulate the energy efficiency of a number
of consumer products and certain industrial equipment. (42 U.S.C. 6291-
6317) 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
covered products include residential dishwashers, residential clothes
washers, and consumer clothes dryers, the subjects of this document. 42
U.S.C. 6292(a)(6), (7), and (8), respectively.
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\2\ For editorial reasons, upon codification in the U.S. Code,
Part B was re-designated Part A.
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The energy conservation program under EPCA consists essentially of
four parts: (1) Testing, (2) labeling, (3) the establishment of Federal
energy conservation standards, and (4) certification and enforcement
procedures. Relevant provisions of EPCA specifically include
definitions (42 U.S.C. 6291), test procedures (42 U.S.C. 6293),
labeling provisions (42 U.S.C. 6294), energy conservation standards (42
U.S.C. 6295), and the authority to require information and reports from
manufacturers (42 U.S.C. 6296).
DOE must follow specific statutory criteria for prescribing new or
amended standards for covered products, including residential
dishwashers, residential clothes washers, and consumer clothes dryers.
For instance, any new or amended standard for a covered product must be
designed to achieve the maximum improvement in energy efficiency that
is technologically feasible and economically justified. 42 U.S.C.
6295(o)(2)(A). In deciding whether a standard is economically
justified, DOE must determine whether the benefits of the standard
exceed its burdens by, to the greatest extent possible, considering the
following seven statutory factors: (1) The economic impact of the
standard on manufacturers and consumers of the products subject to the
standard; (2) the savings in operating costs throughout the estimated
average life of the covered products in the type (or class) compared to
any increase in the price, initial charges, or maintenance expenses for
the covered products that are likely to result from the standard; (3)
the total projected amount of energy (or as applicable, water) savings
likely to result directly from imposition of the standard; (4) any
lessening of the utility or the performance of the covered products
likely to result from imposition of the standard; (5) the impact of any
lessening of competition, as determined in writing by the Attorney
General, that is likely to result from the imposition of the standard;
(6) the need for national energy and water conservation; and (7) other
factors the Secretary of Energy (``Secretary'') considers relevant. 42
U.S.C. 6295(o)(2)(B)(i)(I)-(VII). Furthermore, the new or amended
standard must result in a significant conservation of energy. 42 U.S.C.
6295(o)(3)(B).
EPCA also includes what is known as an ``anti-backsliding''
provision, which prevents the Secretary from prescribing any amended
standard that either increases the maximum allowable energy use or
decreases the minimum required energy efficiency of a covered product.
42 U.S.C. 6295(o)(1).
Additionally, when prescribing an energy conservation standard,
EPCA requires DOE to specify a different standard level than that which
applies generally to a type or class of products for any group of
covered products that have the same function or intended use, if DOE
determines that products within such group: (A) Consume a different
kind of energy from that consumed by other covered products within such
type (or class); or (B) have a capacity or other performance-related
feature which other products within such type (or class) do not have
and such feature justifies a higher or lower standard. 42 U.S.C.
6295(q)(1). In determining whether a performance-related feature
justifies such a different standard for a group of products, DOE must
consider such factors as the utility to the consumer of the feature and
other factors DOE deems appropriate. Id. Any rule prescribing such a
``higher or lower standard'' must include an explanation of the basis
on which such higher or lower level was established. 42 U.S.C.
6295(q)(2).

B. Background

As noted earlier, DOE's October 2020 and December 2020 Final Rules
amended the applicable energy and water conservation standards for
residential dishwashers, residential clothes washers, and consumer
clothes dryers when they established new short-cycle product classes
for those products. Creation of those short-cycle classes effectively
removed the energy and water conservation standards that had previously
applied to those products. As discussed in greater detail below, the
2020 rulemakings failed to consider the criteria necessary for an
amended standards rulemaking as required by the Energy Policy and
Conservation Act, as amended, which directs DOE to consider whether the
amended standards were designed to achieve the maximum improvement in
energy efficiency that is technologically feasible and economically
justified. 42 U.S.C. 6295(o)(2)(A).
1. Residential Dishwashers
Prior to the October 2020 Final Rule, dishwashers were divided into
two product classes by size: Standard and compact. Standard size
dishwashers had a capacity equal to or greater than eight place
settings plus six serving pieces, while compact size dishwashers had a
capacity less than eight place settings plus six serving pieces. 10 CFR
430.32(f)(1) (as effective October 29, 2020). Standard size
dishwashers, regardless of normal cycle time,\3\ had to

[[Page 43972]]

use less than 307 kwh/year and 5.0 gallons per cycle, while compact
dishwashers, regardless of normal cycle time, had to use less than 222
kwh/year and 3.5 gallons per cycle.
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\3\ ``Normal cycle'' is the cycle type, including washing and
drying temperature options, recommended in the manufacturer's
instructions for daily, regular, or typical use to completely wash a
full load of normally soiled dishes, including the power-dry
setting. 10 CFR part 430 subpart B appendix C1 (``Appendix C1''),
section 1.12.
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On October 30, 2020, DOE published a final rule that replaced an
existing product class for dishwashers with two new product classes
based on cycle time and amended the standards for such dishwashers. 85
FR 68723. DOE initiated the rulemaking in response to a petition for
rulemaking submitted by the Competitive Enterprise Institute (``CEI'')
in March 2018, in which CEI asserted that there was considerable
consumer disatisfaction with the dramatically longer cycle time for
dishwashers under the then-current energy conservation standards. 83 FR
17768 (Apr. 24, 2018). CEI requested that DOE establish a new product
class for dishwashers with a cycle time of less than one hour. Id. at
83 FR 17771.
In the October 2020 Final Rule, DOE stated that a product class of
standard size residential dishwashers with a normal cycle of 60 minutes
or less would allow manufacturers to provide consumers with the option
to purchase a dishwasher that maximizes the consumer utility of a
short-cycle time to wash and dry dishes. 85 FR 68723, 68724. DOE also
stated that a product class for which the normal cycle time is 60
minutes or less could spur manufacturer innovation to generate
additional product offerings to fill the market gap that exists for
these products. Id. at 85 FR 68726. DOE determined that, under 42
U.S.C. 6295(q), dishwashers with a normal cycle time of 60 minutes or
less have a performance-related feature that other dishwashers lack and
that this feature justifies a separate product class subject to a
higher or lower standard than the standards currently applicable to the
existing product classes of dishwashers. Id. As a result, DOE replaced
the existing product class for standard dishwashers with two new
product classes for standard size dishwashers based on normal cycle
time. DOE kept the existing energy conservation standards for standard
size dishwashers with a normal cycle time greater than 60 minutes at
the level previously prescribed for the product class that covered all
standard size dishwashers. Id. at 85 FR 68741. DOE also stated that
standard size dishwashers with a normal cycle time of 60 minutes or
less were not subject to any energy or water conservation standards,
thus allowing for unlimited water and energy usage. Id. at 85 FR 68742.
DOE stated it would consider further amending energy and water
conservation standards for standard size dishwashers with a normal
cycle time of 60 minutes or less in a future rulemaking. Id. at 85 FR
68724.
On December 29, 2020, the National Resources Defense Council
(``NRDC''), Sierra Club, Consumer Federation of America, and
Massachusetts Union of Public Housing Tenants petitioned the U.S. Court
of Appeals for the Second Circuit to review and set aside the October
2020 Final Rule. Natural Resources Defense Council v. U.S. Dep't of
Energy, No. 20-4256 (2d Cir.). On the same day, the States of
California, Connecticut, Illinois, Maine, Michigan, Minnesota, New
Jersey, New Mexico, New York, Nevada, Oregon, Vermont, and Washington,
the Commonwealth of Massachusetts, the District of Columbia, and the
City of New York filed a separate petition for review of the October
2020 Final Rule in the U.S. Court of Appeals for the Second Circuit.
California v. U.S. Dep't of Energy, No. 20-4285 (2d Cir.). These two
cases have been consolidated in the Second Circuit and have been placed
in abeyance pending DOE's review of the October 2020 Final Rule.
Further, on March 1, 2021, the Association of Home Appliance
Manufacturers (``AHAM'') petitioned DOE to reconsider the October 2020
Final Rule that established and amended standards for short-cycle
residential dishwashers. ``AHAM petition for reconsideration-1'';
Docket EERE-2021-BT-STD-0002, No. 001 at p. 2.4 5 On April
28, 2021, the NRDC, Sierra Club, the Consumer Federation of America,
and the Massachusetts Union of Public Housing Tenants (``NRDC et al.'')
also submitted a petition for DOE to repeal the same October 2020 Final
Rule (``NRDC petition for reconsideration'').\6\ The petition
challenges the legality of the final rule, stating that the creation of
the new product class violates the core requirements of EPCA. NRDC
petition for reconsideration, Docket EERE-2021-BT-STD-0002, No. 003 at
2. The petition contends that addressing those defects is critical to
preventing such an error from being repeated in the future.
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\4\ AHAM submitted its petition pursuant to the Administrative
Procedure Act (``APA''), 5 U.S.C. 551 et seq., which provides among
other things, that ``[e]ach agency shall give an interested person
the right to petition for the issuance, amendment, or repeal of a
rule.'' 5 U.S.C. 553(e). The AHAM petition is available in the
docket to this rulemaking, EERE-2021-BT-STD-0002, at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
\5\ A notation in this form provides a reference for information
that is in the specified docket, which is available at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. This notation indicates that the statement
preceding the reference is included in document number 001 of that
docket at page 2.
\6\ NRDC also submitted its petition pursuant to the APA, 5
U.S.C. 553(e), to repeal the final rule. The NRDC petition is
available in the docket to this rulemaking, EERE-2021-BT-STD-0002,
at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
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2. Residential Clothes Washers and Consumer Clothes Dryers
Prior to the December 2020 Final Rule, product classes for
residential clothes washers were based on clothing container capacity
and axis of loading--i.e., front-loading or top-loading. 10 CFR
430.32(g)(4) (Dec. 15, 2020). And, prior to the December 2020 Final
Rule, product classes for consumer clothes dryers were based on fuel
source (120V electric, 240V electric, or gas), venting configuration
(vented or ventless), capacity, and integration with a clothes washer
(combination washer-dryer). 10 CFR 430.32(h)(3) (as effective Dec. 15,
2020). Each product class was subject to a specific energy or energy
and water conservation standard that applied regardless of the cycle
time.
In August 2020, DOE proposed to replace existing product classes
with new product classes based on cycle time for top-loading standard
residential clothes washers (30 minutes or greater; less than 30
minutes), front-loading standard residential clothes washers (45
minutes or greater; less than 45 minutes), and consumer clothes dryers
(30 minutes or greater; less than 30 minutes). 85 FR 49297, 49311-49312
(Aug. 13, 2020) (``August 2020 NOPR''). Unlike the dishwasher product
class rulemaking, this rulemaking was not initiated in response to a
petition, but instead relied on particular similarities between
consumer use of dishwashers and clothes washers and clothes dryers as
the basis for proposing the rulemaking. Id. at 85 FR 49298. Shortly
thereafter, on December 16, 2020, DOE published the December 2020 Final
Rule that replaced the product classes with new product classes based
on cycle time and kept the existing energy conservation standards for
the new product classes with longer cycle times, while declaring the
short-cycle product classes are not currently subject to any energy or
water conservation standards, thus allowing for unlimited water and
energy usage. 85 FR 81359, 81375-81376.
On January 19, 2021, the States of California, Connecticut,
Illinois, Maine, Michigan, Minnesota, New Jersey, New Mexico, New York,
Nevada, Oregon, Vermont, and Washington, the Commonwealth of
Massachusetts, the District of Columbia, and the City of

[[Page 43973]]

New York filed a petition for review of the December 2020 Final Rule in
the Second Circuit. California v. U.S. Dep't of Energy, No. 21-108 (2d
Cir.). Shortly thereafter, two other groups of petitioners filed
petitions for review of the December 2020 Final Rule. The Alliance for
Water Efficiency, the U.S. Public Interest Research Group, and
Environment America (collectively, ``AWE'') filed a petition for review
of that final rule in the Seventh Circuit on January 17, 2021, and the
Sierra Club filed a petition for review of that final rule in the Ninth
Circuit on February 12, 2021. Alliance for Water Efficiency v. U.S.
Dep't of Energy, No. 21-428 (2d Cir.); Sierra Club v. U.S. Dep't of
Energy, No. 21-564 (2nd Cir.). After transfer of the Seventh and Ninth
Circuit petitions for review, all three cases were consolidated in the
Second Circuit. In its court filings, AWE has raised the following
issues with the December 2020 Final Rule: that DOE lacks authority to
exempt a product group from water conservation standards; DOE failed to
comply with the requirements for a section 325(q) rule; DOE violated
EPCA's anti-backsliding provision; and DOE violated the National
Environmental Policy Act. Briefing on the merits is currently stayed
through October 1, 2021, while DOE reviews the December 2020 Final
Rule.
On April 2, 2021, AHAM further petitioned DOE to reconsider the
December 2020 Final Rule that established and amended standards for
short-cycle residential clothes washers and dryers. ``AHAM petition for
reconsideration-2''; Docket EERE-2021-BT-STD-0002, No. 002 at 2.\7\
AHAM argued that the short-cycle product classes were neither justified
nor needed for three reasons. First, AHAM stated that many clothes
washers and clothes dryers already offer cycles that are within the
December 2020 Final Rule's cycle time goal and that meet the existing
standards. Id. at 7-8, 12. Second, AHAM argued that the cycle times in
the December 2020 Final Rule were arbitrary because DOE lacked the data
necessary to demonstrate a consumer desire for the times adopted. Id.
at 13. Third, AHAM specified that establishing the separate product
classes would likely cause negative, unintended consequences such as
strand manufacturer investments; create new regulation; introduce
manufacturer uncertainty until standards for the new product classes
are developed; increase test burden; and potentially cause disharmony
in North America for clothes washer and clothes dryer standards. Id. at
8-9, 16-18. For these reasons, AHAM requested that DOE withdraw the
December 2020 Final Rule. Id. at 19.
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\7\ As with its first petition, AHAM submitted its second
petition pursuant to the APA. The AHAM petition for reconsideration-
2 is available in the docket to this rulemaking, EERE-2021-BT-STD-
0002, at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
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Like its petition regarding the short-cycle product class for
residential dishwashers, AHAM requested that, while DOE considers its
petition, DOE stay the effectiveness of the final rule as it allows for
unlimited energy and water use by these products and issue a statement
to the market that these new product classes cannot reliably be used as
the basis for new products. Id. at 2.

III. Discussion

In issuing the October 2020 and December 2020 Final Rules, DOE
relied on its authority under EPCA to establish product classes with
higher or lower levels of energy use or efficiency when prescribing, by
rule, an energy conservation standard. 42 U.S.C. 6295(q). In so doing,
the October 2020 and December 2020 Final Rules also amended the energy
conservation standards for short-cycle products by stating they were no
longer subject to energy and water conservation standards. 85 FR 68733;
85 FR 81366. But the 2020 Final Rules did not address any of EPCA's
requirements for amending an energy conservation standard, including an
analysis of whether the amended standards are designed to achieve the
maximum improvement in energy efficiency that is technologically
feasible and economically justified. 42 U.S.C. 6295(o)(2)(A); see 85 FR
81361. DOE also did not, among other things, adequately consider
whether the amended standards violated EPCA's prohibition against
prescribing an amended standard that increases the maximum allowable
energy use or decreases the energy efficiency of a covered product. 42
U.S.C. 6295(o)(1). Because the October 2020 and December 2020 Final
Rules were contrary to EPCA, DOE proposes to revoke them through this
rulemaking.
As an initial matter, as support for establishing product classes
without associated energy conservation standards, the October 2020 and
December 2020 Final Rules asserted that those rules were simply
deferring the issuance of new conservation standards. 85 FR 68723,
68733; 85 FR 81359, 81368. EPCA does not, however, allow DOE to simply
defer the establishment of new energy conservation standards for
regulated products or equipment that already have energy conservation
standards. Even if EPCA authorized deferrals in some instances, any
creation of the new product classes here would have needed to follow
the requirements of 42 U.S.C. 6295(q), which frames the development of
a product class within the context of an energy conservation standard
rulemaking. But the October 2020 and December 2020 Final Rules did not
develop the new product classes in the context of an energy
conservation standard rulemaking. Instead, by stating that the new
product classes were not subject to any energy conservation standards
without following 42 U.S.C. 6295(q), the October 2020 and December 2020
Final Rules were an amendment in violation of EPCA.
EPCA requires, as stated previously, that an amended conservation
standard must be designed to achieve the maximum improvement in energy
efficiency that is technologically feasible and economically justified.
42 U.S.C. 6295(o)(2)(A). The plain meaning of the statutory term
``amend'' is to ``alter formally by adding, deleting or rephrasing.''
(American Heritage Dictionary for the English Language 42 (1981)). As
explained above, the 2020 Final Rules altered the existing energy and
water conservation standards for the short cycle products by removing
the standards applicable to those products to allow for unlimited
energy and water use. This activity clearly fits within this scope of
the definition of ``amend'' because DOE deleted the applicable
standards altogether.
Even assuming that EPCA were ambiguous in this regard, DOE's
position--that the 2020 Final Rules improperly amended the energy and
water conservation standards for the short-cycle products--is the
better understanding of the statute. Prior to the 2020 Final Rules, the
short-cycle products belonged to product classes subject to specific
energy and/or water conservation standards. The 2020 Final Rules
separated the products that met the classification for the new short-
cycle product classes from their regulated counterparts to establish
product classes not subject to any standard and that could operate with
unlimited energy and water use. Those products now do not have any
applicable standard, which effectively amended the prior energy or
water conservation standards for those products to zero. But the 2020
Final Rules did so without considering any of EPCA's requirements for
such action.
Relatedly, the October 2020 and December 2020 Final Rules
inaccurately cited DOE's 2007 distribution transformer and 2009
beverage vending machine (``BVM'') energy conservation standards
rulemakings as support. 85 FR

[[Page 43974]]

68723, 68733; 85 FR 81361, 81368. In the 2007 distribution transformers
rulemaking, DOE established a separate equipment class for underground
mining distribution transformers without establishing associated energy
conservation standards. 72 FR 58190 (Oct. 12, 2007). Similarly, in the
2009 BVM rulemaking, DOE established a separate equipment class for
combination BVMs without establishing associated energy conservation
standards. 74 FR 44914 (Aug. 31, 2009). But the October 2020 and
December 2020 Final Rules failed to note the key distinction between
these examples and the short-cycle product class rulemakings. Both the
2007 and 2009 rulemakings were the first instance of energy
conservation standards being promulgated for distribution transformers
and BVMs. As such, not setting standards for those equipment classes
simply maintained the status quo--that is, underground mining
distribution transformers and combination BVMs were not subject to
energy use or efficiency restrictions either before or after those
rulemakings. As a result, DOE was not required to satisfy any of the
criteria in EPCA for amending a standard for these equipment classes.
In contrast, short-cycle residential dishwashers, residential
clothes washers, and consumer clothes dryers were all subject to energy
conservation standards prior to the October 2020 and December 2020
Final Rules. By stating that short-cycle products were no longer
subject to energy or water conservation standards, the October 2020 and
December 2020 Final Rules changed the status quo in a direction that
would allow for unlimited energy and water use by these short-cycle
products. Thus, DOE was required to satisfy the requirements in EPCA
for issuing an amended standard.
In addition, DOE has made a policy judgment that EPCA's express
purposes of energy and water conservation (42 U.S.C. 6201(4), (5), (8))
would be thwarted if DOE could avoid restrictions on amending existing
standards by nominally characterizing a regulatory change in the energy
conservation standards applicable to a covered product as something
other than an amendment. The October 2020 and December 2020 Final Rules
contravened EPCA by failing to consider these criteria when they
amended the existing standards for short-cycle products in the 2020
Final Rules.
This review is also consistent with the direction provided in
Executive Order 13990 of January 20, 2021, ``Protecting Public Health
and the Environment and Restoring Science to Tackle the Climate
Crisis.'' 86 FR 7037 (Jan. 25, 2021). While E.O. 13990 triggered the
Department's re-evaluation, DOE is relying on the analysis presented in
this NOPR, based upon EPCA, to re-examine the October and December 2020
Final Rules.

IV. Conclusion

After careful consideration, DOE proposes to revoke the October
2020 and December 2020 Final Rules that improperly amended standards
and to reinstate the prior product classes and applicable standards for
these covered products. DOE acknowledges that these rules will remain
in effect while the Department considers whether to revoke the earlier
rulemakings through notice and comment.

V. Procedural Issues and Regulatory Review

A. Review Under Executive Orders 12866

The Office of Information and Regulatory Affairs (``OIRA'') in the
Office of Management and Budget (``OMB'') has waived review of this
rule pursuant to Executive Order (``E.O.'') 12866, ``Regulatory
Planning and Review.''

B. Review Under the Regulatory Flexibility Act

The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of an initial regulatory flexibility analysis (``IRFA'')
for any rule that by law must be proposed for public comment, unless
the agency certifies that the rule, if promulgated, will not have a
significant economic impact on a substantial number of small entities.
As required by E.O. 13272, ``Proper Consideration of Small Entities in
Agency Rulemaking,'' 67 FR 53461 (Aug. 16, 2002), DOE published
procedures and policies on February 19, 2003, to ensure that the
potential impacts of its rules on small entities are properly
considered during the rulemaking process. 68 FR 7990. DOE has made its
procedures and policies available on the Office of the General
Counsel's website (<a href="https://energy.gov/gc/office-general-counsel">https://energy.gov/gc/office-general-counsel</a>). DOE
has prepared the following IRFA for the products that are the subject
of this rulemaking.
DOE reviewed this proposed rule under the provisions of the
Regulatory Flexibility Act and the procedures and policies published on
February 19, 2003. DOE has initially concluded that this rule, if made
final, would not have a significant impact on a substantial number of
small entities. The factual basis for this determination is as follows:
The Small Business Administration (``SBA'') considers a business
entity to be a small business, if, together with its affiliates, it
employs less than a threshold number of workers or earns less than the
average annual receipts specified in 13 CFR part 121. The threshold
values set forth in these regulations use size standards and codes
established by the North American Industry Classification System
(``NAICS'') that are available at <a href="https://www.sba.gov/document/support-tablesize-standards">https://www.sba.gov/document/support-tablesize-standards</a>. The threshold number for NAICS classification code
335220, ``Major Household Appliance Manufacturing,'' which includes
residential dishwasher, residential clothes washer, and consumer
clothes dryer manufacturers, is 1,500 employees.
Most of the companies that manufacture residential dishwashers are
large multinational corporations. Most of the manufacturers supplying
residential clothes washers and consumer clothes dryers into the United
States are large multinational corporations. DOE collected data from
DOE's compliance certification database \8\ to identify potential
manufacturers of residential dishwashers, residential clothes washers,
and consumer clothes dryers. DOE then consulted publicly available
data, such as Dun and Bradstreet, to determine whether they meet the
SBA's definition of a ``small business manufacturer'' and have their
manufacturing facilities located within the United States.
---------------------------------------------------------------------------

\8\ <a href="https://www.regulations.doe.gov/certificationdata">https://www.regulations.doe.gov/certificationdata</a>.
---------------------------------------------------------------------------

Based on this analysis, DOE identified two manufacturers of
residential dishwashers that are potential small businesses, but
initially determined that this proposed rule would not impose any
compliance or other requirements on any manufacturers of residential
dishwashers, including small businesses. This rulemaking would
eliminate the separate product class for residential dishwashers with a
``normal'' cycle of 60 minutes or less from washing through drying as
described in the preamble. As discussed, DOE did not identify any
residential dishwashers on the market--let alone any manufactured by
small businesses--that offer a normal cycle of less than 60 minutes
from washing through drying.
DOE did not identify any small businesses that manufacture
residential

[[Page 43975]]

clothes washers or consumer clothes dryers.
As a result, DOE certifies that the proposed rule would not have a
significant impact on a substantial number of small entities. DOE will
transmit the certification and supporting statement of factual basis to
the Chief Counsel for Advocacy of the Small Business Administration for
review under 5 U.S.C. 605(b).

C. Review Under the Paperwork Reduction Act of 1995

Manufacturers of covered products/equipment, such as residential
dishwashers, residential clothes washers, and consumer clothes dryers,
must certify to DOE that their products comply with any applicable
energy conservation standards. In certifying compliance, manufacturers
must test their products according to the DOE test procedures for
residential dishwashers, residential clothes washers, and consumer
clothes dryers, including any amendments adopted for those test
procedures. DOE has established regulations for the certification and
recordkeeping requirements for all covered consumer products and
commercial equipment, including residential dishwashers, residential
clothes washers, and consumer clothes dryers. 76 FR 12422 (Mar. 7,
2011); 80 FR 5099 (Jan. 30, 2015). The collection-of-information
requirement for the certification and recordkeeping is subject to
review and approval by OMB under the Paperwork Reduction Act (``PRA'').
This requirement has been approved by OMB under OMB control number
1910-1400. Public reporting burden for the certification is estimated
to average 35 hours per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number.

D. Review Under the National Environmental Policy Act of 1969

DOE is analyzing this proposed regulation in accordance with the
National Environmental Policy Act (42 U.S.C. 4321 et seq.) (``NEPA'')
and DOE's NEPA implementing regulations (10 CFR part 1021). DOE's
regulations include a categorical exclusion for rulemakings
interpreting or amending an existing rule or regulation that does not
change the environmental effect of the rule or regulation being
amended. 10 CFR part 1021, subpart D, appendix A5. DOE anticipates that
this rulemaking qualifies for categorical exclusion A5 because it is an
interpretive rulemaking that does not change the environmental effect
of the rule and otherwise meets the requirements for application of a
categorical exclusion. See 10 CFR 1021.410. DOE will complete its NEPA
review before issuing the final rule.

E. Review Under Executive Order 13132

E.O. 13132, ``Federalism,'' 64 FR 43255 (Aug. 10, 1999), imposes
certain requirements on Federal agencies formulating and implementing
policies or regulations that preempt State law or that have Federalism
implications. The Executive Order requires agencies to examine the
constitutional and statutory authority supporting any action that would
limit the policymaking discretion of the States and to carefully assess
the necessity for such actions. The Executive Order also requires
agencies to have an accountable process to ensure meaningful and timely
input by State and local officials in the development of regulatory
policies that have Federalism implications. On March 14, 2000, DOE
published a statement of policy describing the intergovernmental
consultation process it will follow in the development of such
regulations. 65 FR 13735. DOE has examined this proposed rule and has
tentatively determined that it would not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. EPCA governs
and prescribes Federal preemption of State regulations as to energy
conservation for the products that are the subject of this proposed
rule. States can petition DOE for exemption from such preemption to the
extent, and based on criteria, set forth in EPCA. 42 U.S.C. 6297. No
further action is required by Executive Order 13132.

F. Review Under Executive Order 12988

With respect to the review of existing regulations and the
promulgation of new regulations, section 3(a) of E.O. 12988, ``Civil
Justice Reform,'' imposes on Federal agencies the general duty to
adhere to the following requirements: (1) Eliminate drafting errors and
ambiguity, (2) write regulations to minimize litigation, (3) provide a
clear legal standard for affected conduct rather than a general
standard, and (4) promote simplification and burden reduction. 61 FR
4729 (Feb. 7, 1996). Regarding the review required by section 3(a),
section 3(b) of E.O. 12988 specifically requires that Executive
agencies make every reasonable effort to ensure that the regulation:
(1) Clearly specifies the preemptive effect, if any, (2) clearly
specifies any effect on existing Federal law or regulation, (3)
provides a clear legal standard for affected conduct while promoting
simplification and burden reduction, (4) specifies the retroactive
effect, if any, (5) adequately defines key terms, and (6) addresses
other important issues affecting clarity and general draftsmanship
under any guidelines issued by the Attorney General. Section 3(c) of
Executive Order 12988 requires Executive agencies to review regulations
in light of applicable standards in section 3(a) and section 3(b) to
determine whether they are met or it is unreasonable to meet one or
more of them. DOE has completed the required review and determined
that, to the extent permitted by law, this proposed rule meets the
relevant standards of E.O. 12988.

G. Review Under the Unfunded Mandates Reform Act of 1995

Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA'')
requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and Tribal governments and the
private sector. Public Law 104-4, section 201 (codified at 2 U.S.C.
1531). For a proposed regulatory action likely to result in a rule that
may cause the expenditure by State, local, and Tribal governments, in
the aggregate, or by the private sector of $100 million or more in any
one year (adjusted annually for inflation), section 202 of UMRA
requires a Federal agency to publish a written statement that estimates
the resulting costs, benefits, and other effects on the national
economy. 2 U.S.C. 1532(a), (b). The UMRA also requires a Federal agency
to develop an effective process to permit timely input by elected
officers of State, local, and Tribal governments on a proposed
``significant intergovernmental mandate,'' and requires an agency plan
for giving notice and opportunity for timely input to potentially
affected small governments before establishing any requirements that
might significantly or uniquely affect them. On March 18, 1997, DOE
published a statement of policy on its process for intergovernmental
consultation under UMRA. 62 FR 12820. DOE's policy statement is also
available at <a href="https://energy.gov/sites/prod/files/gcprod/documents/umra_97.pdf">https://energy.gov/sites/prod/files/gcprod/documents/umra_97.pdf</a>.

[[Page 43976]]

This proposed rule contains neither an intergovernmental mandate
nor a mandate that may result in the expenditures of $100 million or
more in any one year, so these requirements under the Unfunded Mandates
Reform Act do not apply.

H. Review Under the Treasury and General Government Appropriations Act,
1999

Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Public Law 105-277) requires Federal agencies to issue a
Family Policymaking Assessment for any rule that may affect family
well-being. This rule would not have any impact on the autonomy or
integrity of the family as an institution. Accordingly, DOE has
concluded that it is not necessary to prepare a Family Policymaking
Assessment.

I. Review Under Executive Order 12630

Pursuant to E.O. 12630, ``Governmental Actions and Interference
with Constitutionally Protected Property Rights,'' 53 FR 8859 (Mar. 15,
1988), DOE has determined that this proposed rule would not result in
any takings that might require compensation under the Fifth Amendment
to the U.S. Constitution.

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

Section 515 of the Treasury and General Government Appropriations
Act, 2001 (44 U.S.C. 3516 note) provides for Federal agencies to review
most disseminations of information to the public under information
quality guidelines established by each agency pursuant to general
guidelines issued by OMB. OMB's guidelines were published at 67 FR 8452
(Feb. 22, 2002), and DOE's guidelines were published at 67 FR 62446
(Oct. 7, 2002). Pursuant to OMB Memorandum M-19-15, Improving
Implementation of the Information Quality Act (April 24, 2019), DOE
published updated guidelines which are available at <a href="https://www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf">https://www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf</a>. DOE has
reviewed this proposed rule under the OMB and DOE guidelines and has
concluded that it is consistent with applicable policies in those
guidelines.

K. Review Under Executive Order 13211

E.O. 13211, ``Actions Concerning Regulations That Significantly
Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 (May 22,
2001), requires Federal agencies to prepare and submit to OIRA at OMB,
a Statement of Energy Effects for any proposed significant energy
action. A ``significant energy action'' is defined as any action by an
agency that promulgates or is expected to lead to promulgation of a
final rule, and that (1) is a significant regulatory action under
Executive Order 12866, or any successor order; and (2) is likely to
have a significant adverse effect on the supply, distribution, or use
of energy, or (3) is designated by the Administrator of OIRA as a
significant energy action. For any proposed significant energy action,
the agency must give a detailed statement of any adverse effects on
energy supply, distribution, or use should the proposal be implemented,
and of reasonable alternatives to the action and their expected
benefits on energy supply, distribution, and use.
This proposed rule, which would eliminate certain product classes
for residential dishwashers, residential clothes washers, and consumer
clothes dryers would not have a significant adverse effect on the
supply, distribution, or use of energy and, therefore, is not a
significant energy action. Accordingly, DOE has not prepared a
Statement of Energy Effects on this proposed rule.

VI. Public Participation

A. Participation in the Webinar

The time and date the webinar meeting are listed in the DATES
section at the beginning of this document. Webinar registration
information, participant instructions, and information about the
capabilities available to webinar participants will be published on
DOE's website:<a href="https://www1.eere.energy.gov/buildings/appliance_standards/standards.aspx?productid=38&action=viewlive">https://www1.eere.energy.gov/buildings/appliance_standards/standards.aspx?productid=38&action=viewlive</a>.
Participants are responsible for ensuring their systems are compatible
with the webinar software.

B. Procedure for Submitting Prepared General Statements for
Distribution

Any person who has an interest in the topics addressed in this
NOPR, or who is representative of a group or class of persons that has
an interest in these issues, may request an opportunity to make an oral
presentation at the webinar. Such persons may submit requests to speak
by email to <a href="/cdn-cgi/l/email-protection#0f4e7f7f63666e616c6a5c7b6e616b6e7d6b7c5e7a6a7c7b6660617c4f6a6a216b606a21686079">[email&#160;protected]</a>. Persons who wish to
speak should include with their request a computer file in WordPerfect,
Microsoft Word, PDF, or text (ASCII) file format that briefly describes
the nature of their interest in this rulemaking and the topics they
wish to discuss. Such persons should also provide a daytime telephone
number where they can be reached.
Persons requesting to speak should briefly describe the nature of
their interest in this rulemaking and provide a telephone number for
contact. DOE requests persons selected to make an oral presentation to
submit an advance copy of their statements at least two weeks before
the webinar. At its discretion, DOE may permit persons who cannot
supply an advance copy of their statement to participate, if those
persons have made advance alternative arrangements with the Building
Technologies Office. As necessary, requests to give an oral
presentation should ask for such alternative arrangements.

C. Conduct of the Webinar

DOE will designate a DOE official to preside at the webinar/public
meeting and may also use a professional facilitator to aid discussion.
The meeting will not be a judicial or evidentiary-type public hearing,
but DOE will conduct it in accordance with section 336 of EPCA (42
U.S.C. 6306). A court reporter will be present to record the
proceedings and prepare a transcript. DOE reserves the right to
schedule the order of presentations and to establish the procedures
governing the conduct of the webinar. There shall not be discussion of
proprietary information, costs or prices, market share, or other
commercial matters regulated by U.S. antitrust laws. After the webinar
and until the end of the comment period, interested parties may submit
further comments on the proceedings and any aspect of the rulemaking.
The webinar will be conducted in an informal, conference style. DOE
will present summaries of comments received before the webinar, allow
time for prepared general statements by participants, and encourage all
interested parties to share their views on issues affecting this
rulemaking. Each participant will be allowed to make a general
statement (within time limits determined by DOE), before the discussion
of specific topics. DOE will permit, as time permits, other
participants to comment briefly on any general statements.
At the end of all prepared statements on a topic, DOE will permit
participants to clarify their statements briefly. Participants should
be prepared to answer questions by DOE and by other participants
concerning these issues. DOE representatives may also ask

[[Page 43977]]

questions of participants concerning other matters relevant to this
rulemaking. The official conducting the webinar/public meeting will
accept additional comments or questions from those attending, as time
permits. The presiding official will announce any further procedural
rules or modification of the above procedures that may be needed for
the proper conduct of the webinar.
A transcript of the webinar will be included in the docket, which
can be viewed as described in the Docket section at the beginning of
this NOPR. In addition, any person may buy a copy of the transcript
from the transcribing reporter.

D. Submission of Comments

DOE will accept comments, data, and information regarding this
proposed rule before or after the public meeting, but no later than the
date provided in the DATES section at the beginning of this proposed
rule. Interested parties may submit comments, data, and other
information using any of the methods described in the ADDRESSES section
at the beginning of this document.
Submitting comments via <a href="https://www.regulations.gov">https://www.regulations.gov</a>. The <a href="https://www.regulations.gov">https://www.regulations.gov</a> web page will require you to provide your name and
contact information. Your contact information will be viewable to DOE
Building Technologies staff only. Your contact information will not be
publicly viewable except for your first and last names, organization
name (if any), and submitter representative name (if any). If your
comment is not processed properly because of technical difficulties,
DOE will use this information to contact you. If DOE cannot read your
comment due to technical difficulties and cannot contact you for
clarification, DOE may not be able to consider your comment.
However, your contact information will be publicly viewable if you
include it in the comment itself or in any documents attached to your
comment. Any information that you do not want to be publicly viewable
should not be included in your comment, nor in any document attached to
your comment. Persons viewing comments will see only first and last
names, organization names, correspondence containing comments, and any
documents submitted with the comments.
Do not submit to <a href="https://www.regulations.gov">https://www.regulations.gov</a> information for which
disclosure is restricted by statute, such as trade secrets and
commercial or financial information (hereinafter referred to as
Confidential Business Information (``CBI'')). Comments submitted
through <a href="https://www.regulations.gov">https://www.regulations.gov</a> cannot be claimed as CBI. Comments
received through the website will waive any CBI claims for the
information submitted. For information on submitting CBI, see the
Confidential Business Information section.
DOE processes submissions made through <a href="https://www.regulations.gov">https://www.regulations.gov</a>
before posting. Normally, comments will be posted within a few days of
being submitted. However, if large volumes of comments are being
processed simultaneously, your comment may not be viewable for up to
several weeks. Please keep the comment tracking number that <a href="https://www.regulations.gov">https://www.regulations.gov</a> provides after you have successfully uploaded your
comment.
Submitting comments via email. Comments and documents submitted via
email will also be posted to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. If you do not
want your personal contact information to be publicly viewable, do not
include it in your comment or any accompanying documents. Instead,
provide your contact information in a cover letter. Include your first
and last names, email address, telephone number, and optional mailing
address. The cover letter will not be publicly viewable as long as it
does not include any comments.
Include contact information each time you submit comments, data,
documents, and other information to DOE. No telefacsimiles (faxes) will
be accepted.
Comments, data, and other information submitted to DOE
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file format. Provide documents that
are not secured, that are written in English, and that are free of any
defects or viruses. Documents should not contain special characters or
any form of encryption and, if possible, they should carry the
electronic signature of the author.
Campaign form letters. Please submit campaign form letters by the
originating organization in batches of between 50 to 500 form letters
per PDF or as one form letter with a list of supporters' names compiled
into one or more PDFs. This reduces comment processing and posting
time.
Confidential Business Information. Pursuant to 10 CFR 1004.11, any
person submitting information that he or she believes to be
confidential and exempt by law from public disclosure should submit via
email two well-marked copies: One copy of the document marked
``confidential'' including all the information believed to be
confidential, and one copy of the document marked ``non-confidential''
with the information believed to be confidential deleted. DOE will make
its own determination about the confidential status of the information
and treat it according to its determination.
It is DOE's policy that all comments may be included in the public
docket, without change and as received, including any personal
information provided in the comments (except information deemed to be
exempt from public disclosure).

VII. Approval of the Office of the Secretary

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

List of Subjects in 10 CFR Part 430

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

Signing Authority

This document of the Department of Energy was signed on July 30,
2021, by Dr. Kathleen B. Hogan, Acting Under Secretary for Energy and
Science, pursuant to delegated authority from the Secretary of Energy.
That document with the original signature and date is maintained by
DOE. For administrative purposes only, and in compliance with
requirements of the Office of the Federal Register, the undersigned DOE
Federal Register Liaison Officer has been authorized to sign and submit
the document in electronic format for publication, as an official
document of the Department of Energy. This administrative process in no
way alters the legal effect of this document upon publication in the
Federal Register.

Signed in Washington, DC, on August 3, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
For the reasons set forth in the preamble, DOE proposes to amend
part 430 of chapter II, subchapter D, of title 10 of the Code of
Federal Regulations, as set forth below:

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

0
1. The authority citation for part 430 continues to read as follows:

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

[[Page 43978]]

0
2. Section 430.32 is amended by:
0
a. Removing paragraph (f)(1)(iii); and
0
b. Revising paragraphs (g)(4) and (h)(3).
The revisions read as follows:

Sec. 430.32 Energy and water conservation standards and their
compliance dates.

* * * * *
(g) * * *
(4) Clothes washers manufactured on or after January 1, 2018, shall
have an Integrated Modified Energy Factor no less than, and an
Integrated Water Factor no greater than:

------------------------------------------------------------------------
Integrated
modified Integrated
Product class energy factor water factor
(cu.ft./kWh/ (gal/cycle/
cycle) cu.ft.)
------------------------------------------------------------------------
(i) Top-loading, Compact................ 1.15 12.0
(less than 1.6 ft\3\ capacity)..........
(ii) Top-loading, Standard.............. 1.57 6.5
(1.6 ft\3\ or greater capacity).........
(iii) Front-loading, Compact............ 1.13 8.3
(less than 1.6 ft\3\ capacity)..........
(iv) Front-loading, Standard............ 1.84 4.7
(1.6 ft\3\ or greater capacity).........
------------------------------------------------------------------------

(h) * * *
(3) Clothes dryers manufactured on or after January 1, 2015, shall
have a combined energy factor no less than:

------------------------------------------------------------------------
Combined
Product class energy factor
(lbs/kWh)
------------------------------------------------------------------------
(i) Vented Electric, Standard (4.4 ft3 or greater 3.73
capacity)..............................................
(ii) Vented Electric, Compact (120V) (less than 4.4 ft3 3.61
capacity)..............................................
(iii) Vented Electric, Compact (240V) (less than 4.4 ft3 3.27
capacity)..............................................
(iv) Vented Gas......................................... 3.30
(v) Ventless Electric, Compact (240V) (less than 4.4 ft3 2.55
capacity)..............................................
(vi) Ventless Electric, Combination Washer-Dryer........ 2.08
------------------------------------------------------------------------

* * * * *

[FR Doc. 2021-16830 Filed 8-10-21; 8:45 am]
BILLING CODE 6450-01-P

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