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Proposed Rule2021-26880

Energy Conservation Program: Test Procedure for Dishwashers

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Published

December 22, 2021

Issuing agencies

Energy Department

Abstract

The U.S. Department of Energy ("DOE") proposes to amend the current test procedures appendix for dishwashers, adopt a new test procedureappendix, incorporate by reference newly published Association of Home Appliance Manufacturers ("AHAM") standards--AHAM DW-1-2020 and DW-2-2020--and apply certain provisions of the industry standards to to the test procedures appendices. The proposed amendments to the current procedure would establish requirements for water hardness, relative humidity, and loading pattern; update requirements for ambient temperature, detergent dosage, and standby power measurement; include testing approaches from recently published waivers for dishwashers; and include provisions for a minimum cleaning index threshold to validate the selected test cycle. The proposed new test procedure appendix would additionally include updated annual number of cycles and low-power mode hours for the calculation of energy consumption. DOE is seeking comments from interested parties on the proposal.

Full Text

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<title>Federal Register, Volume 86 Issue 243 (Wednesday, December 22, 2021)</title>
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[Federal Register Volume 86, Number 243 (Wednesday, December 22, 2021)]
[Proposed Rules]
[Pages 72738-72777]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-26880]

[[Page 72737]]

Vol. 86

Wednesday,

No. 243

December 22, 2021

Part III

Department of Energy

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10 CFR Part 430

Energy Conservation Program: Test Procedure for Dishwashers; Proposed
Rule

Federal Register / Vol. 86 , No. 243 / Wednesday, December 22, 2021 /
Proposed Rules

[[Page 72738]]

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DEPARTMENT OF ENERGY

10 CFR Part 430

[EERE-2016-BT-TP-0012]
RIN 1904-AD96

Energy Conservation Program: Test Procedure for Dishwashers

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: The U.S. Department of Energy (``DOE'') proposes to amend the
current test procedures appendix for dishwashers, adopt a new test
procedureappendix, incorporate by reference newly published Association
of Home Appliance Manufacturers (``AHAM'') standards--AHAM DW-1-2020
and DW-2-2020--and apply certain provisions of the industry standards
to to the test procedures appendices. The proposed amendments to the
current procedure would establish requirements for water hardness,
relative humidity, and loading pattern; update requirements for ambient
temperature, detergent dosage, and standby power measurement; include
testing approaches from recently published waivers for dishwashers; and
include provisions for a minimum cleaning index threshold to validate
the selected test cycle. The proposed new test procedure appendix would
additionally include updated annual number of cycles and low-power mode
hours for the calculation of energy consumption. DOE is seeking
comments from interested parties on the proposal.

DATES:
Meeting: DOE will hold a webinar on Thursday, February 3, 2022,
from 12:30 p.m. to 4:30 p.m. See Section V, ``Public Participation,''
for webinar registration information, participant instructions, and
information about the capabilities available to webinar participants.
If no participants register for the webinar, it will be cancelled.
Comments: DOE will accept comments, data, and information regarding
this proposal no later than February 22, 2022. See Section V, ``Public
Participation,'' for details.

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. Alternatively, interested persons
may submit comments, identified by docket number EERE-2016-BT-TP-0012,
by any of the following methods:
1. Federal eRulemaking Portal: <a href="http://www.regulations.gov">www.regulations.gov</a>. Follow the
instructions for submitting comments.
2. Email: <a href="/cdn-cgi/l/email-protection#acfec9dfe8c5dfc4dbcddfc4c9de9e9c9d9af8fc9c9c9d9eecc9c982c8c3c982cbc3da">[email&#160;protected]</a>. Include docket
number EERE-2016-BT-TP-0012 and/or RIN number 1904-AD96 in the
subject line of the message.

No telefacsimilies (``faxes'') will be accepted. For detailed
instructions on submitting comments and additional information on the
rulemaking process, see Section V of this document.
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 suspending receipt of public comments via postal mail and
hand delivery/courier. 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.
Docket: The docket, which includes Federal Register notices, public
meeting attendee lists and transcripts (if a public meeting is held),
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, some documents listed in the
index, such as those containing information that is exempt from public
disclosure, may not be publicly available.
The docket web page can be found at www.regulations.gov/
docket?D=EERE-2016_BT-TP-0012. The docket web page contains
instructions on how to access all documents, including public comments,
in the docket. See Section V of this document for information on how to
submit comments through <a href="http://www.regulations.gov">www.regulations.gov</a>.

FOR FURTHER INFORMATION CONTACT:
Mr. Bryan Berringer, 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. Telephone:
(202) 586-0371. Email: <a href="/cdn-cgi/l/email-protection#df9eafafb3b6beb1bcba8cabbeb1bbbeadbbac8eaabaacabb6b0b1ac9fbabaf1bbb0baf1b8b0a9">[email&#160;protected]</a>.
Ms. Amelia Whiting, U.S. Department of Energy, Office of the
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC
20585-0121. Telephone: (202) 586-2588. Email:
<a href="/cdn-cgi/l/email-protection#15547870797c743b427d7c617c7b72557d643b717a703b727a63">[email&#160;protected]</a>.
For further information on how to submit a comment, review other
public comments and the docket, or participate in a public meeting (if
one is held), contact the Appliance and Equipment Standards Program
staff at (202) 287-1445 or by email:
<a href="/cdn-cgi/l/email-protection#93d2e3e3fffaf2fdf0f6c0e7f2fdf7f2e1f7e0c2e6f6e0e7fafcfde0d3f6f6bdf7fcf6bdf4fce5">[email&#160;protected]</a>.

SUPPLEMENTARY INFORMATION: DOE proposes to maintain a previously
approved incorporation by reference and to incorporate by reference the
following additional industry standards into part 430:
ANSI/AHAM DW-1-2020 (``AHAM DW-1-2020''), ``Uniform Test Method
for Measuring the Energy Consumption of Dishwashers,'' approved
October 2020.
AHAM DW-2-2020, ``Household Electric Dishwashers,'' approved
2020.
Copies of AHAM DW-1-2020 and AHAM DW-2-2020 can be obtained from
AHAM at 1111 19th Street NW, Suite 402, Washington, DC 20036; or by
going to AHAM's online store at <a href="http://www.aham.org/AHAM/AuxStore">www.aham.org/AHAM/AuxStore</a>.
IEC 62301 (``IEC 62301 Ed. 2.0''), Household electrical
appliances--Measurement of standby power, (Edition 2.0, 2011-01).
A copy of IEC 62301 Ed. 2.0 can be obtained from the International
Electrotechnical Commission, available from the American National
Standards Institute, 25 W 43rd Street, 4th Floor, New York, NY 10036,
(212) 642-4900, or go to <a href="http://webstore.ansi.org">webstore.ansi.org</a>.
For a further discussion of these standards, see Section IV.M of
this document.

Table of Contents

I. Authority and Background
A. Authority
B. Background
II. Synopsis of the Notice of Proposed Rulemaking
III. Discussion
A. Scope of Applicability
B. Updates to Industry Standards
C. Metrics
D. Test Setup
1. Water Hardness
2. Relative Humidity
3. Ambient Temperature
4. 208-Volt Power
5. Built-In Water Reservoir
6. In-Sink Installation
7. Absence of Main Detergent Compartment
E. Test Cycle Amendments
1. Cycle Selections
2. Drying Energy Measurement
3. Annual Number of Cycles
F. Energy and Water Consumption Test Methods
1. Test Load Items

[[Page 72739]]

2. Soils
3. Loading Pattern
4. Preconditioning Cycles
5. Detergent
6. Rinse Aid
7. Water Softener Regeneration Cycles
8. Water Re-Use System
G. Cleaning Performance
1. Cleaning Performance Test Method
2. Cleaning Index Threshold
3. Validation of the Test Cycle
4. Determining the Most Energy-Intensive Cycle
H. Standby Mode Test Method
1. Standby Power Measurement
2. Annual Combined Low-Power Mode Energy Consumption Calculation
I. Network Mode
J. Test Cycle Duration
K. Test Procedure Costs and Harmonization
1. Test Procedure Costs and Impact
2. Harmonization With Industry Standards
L. Compliance Date and Waivers
IV. Procedural Issues and Regulatory Review
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
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
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

Dishwashers 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. 6292(a)(6)) DOE's test
procedures for dishwashers are currently prescribed at 10 CFR 430.23(c)
and appendix C1 to subpart B of part 430 (``appendix C1''). The
following sections discuss DOE's authority to establish test procedures
for dishwashers and relevant background information regarding DOE's
consideration of test procedures for this product.

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. 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
products include dishwashers, the subject of this document. (42 U.S.C.
6292(a)(6))
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\1\ All references to EPCA in this NOPR refer to the statute as
amended through the Energy Act of 2020, Public Law 116-260 (Dec. 27,
2020).
\2\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated Part A.
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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),
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).
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. 6295(s)),
and (2) making representations about the efficiency of those consumer
products (42 U.S.C. 6293(c)). Similarly, DOE must use these test
procedures to determine whether the products comply with relevant
standards promulgated under EPCA. (42 U.S.C. 6295(s))
Federal energy efficiency requirements for covered products
established under EPCA generally supersede State laws and regulations
concerning energy conservation testing, labeling, and standards. (42
U.S.C. 6297) 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. 6297(d))
Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures
DOE must follow when prescribing or amending test procedures for
covered products. 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 during a representative average use
cycle or period of use and not be unduly burdensome to conduct. (42
U.S.C. 6293(b)(3))
EPCA also requires that, at least once every 7 years, DOE evaluate
test procedures for each type of covered product, including
dishwashers, to determine whether amended test procedures would more
accurately or fully comply with the requirements for the test
procedures to not be unduly burdensome to conduct and be reasonably
designed to produce test results that reflect energy efficiency, energy
use, and estimated operating costs during a representative average use
cycle or period of use. (42 U.S.C. 6293(b)(1)(A))
If the Secretary determines, on her own behalf or in response to a
petition by any interested person, that a test procedure should be
prescribed or amended, the Secretary shall promptly publish in the
Federal Register proposed test procedures and afford interested persons
an opportunity to present oral and written data, views, and arguments
with respect to such procedures. The comment period on a proposed rule
to amend a test procedure shall be at least 60 days and may not exceed
270 days. In prescribing or amending a test procedure, the Secretary
shall take into account such information as the Secretary determines
relevant to such procedure, including technological developments
relating to energy use or energy efficiency of the type (or class) of
covered products involved. (42 U.S.C. 6293(b)(2)) If DOE determines
that test procedure revisions are not appropriate, DOE must publish its
determination not to amend the test procedures. DOE is publishing this
notice of proposed rulemaking (``NOPR'') in satisfaction of its
requirements under EPCA. (42 U.S.C. 6293(b)(1)(A))
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. 6295(gg)(2)(A)) Standby mode and off
mode energy consumption must be incorporated into the overall energy
efficiency, energy consumption, or other energy descriptor for each
covered product unless the current test procedures already account for
and incorporate standby and off mode energy consumption or such
integration is technically infeasible. If an integrated test procedure
is technically infeasible, DOE must prescribe a separate standby mode
and off mode energy use test procedure for

[[Page 72740]]

the covered product, if technically feasible. (42 U.S.C.
6295(gg)(2)(A)(ii)) Any such amendment must consider the most current
versions of the International Electrotechnical Commission (``IEC'')
Standard 62301 \3\ and IEC Standard 62087 \4\ as applicable. (42 U.S.C.
6295(gg)(2)(A))
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\3\ IEC 62301, Household electrical appliances--Measurement of
standby power (Edition 2.0, 2011-01).
\4\ IEC 62087, Methods of measurement for the power consumption
of audio, video, and related equipment (Edition 3.0, 2011-04).
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B. Background

DOE most recently amended its dishwasher test procedures in a final
rule published October 31, 2012 that established a new test procedure
at appendix C1. 77 FR 65942 (``October 2012 final rule''). (For
additional information on the history of test procedure rulemaking for
dishwashers, please see the October 2012 final rule.) Appendix C1
follows the same general procedures as those included in the previously
established appendix (i.e., ``appendix C''), with updates to: (1)
Revise the provisions for measuring energy consumption in standby mode
or off mode; (2) add requirements for dishwashers with water softeners
to account for regeneration cycles; (3) require an additional
preconditioning cycle; (4) include clarifications regarding certain
definitions, test conditions, and test setup; and (5) replace obsolete
test load items and soils. 77 FR 65942, 65982-65987. Appendix C1 is
currently required to demonstrate compliance with DOE's energy
conservation standards for dishwashers at 10 CFR 430.32(f).
The current version of the DOE test procedure includes provisions
for determining estimated annual energy use (``EAEU'') in kilowatt-
hours per year (``kWh/year''), estimated annual operating cost
(``EAOC'') in dollars per year, and water consumption in gallons per
cycle (``gal/cycle''). (10 CFR 430.23(c)) On December 13, 2016, DOE
published a final determination (``December 2016 Final Determination'')
regarding the energy conservation standards for dishwashers in which
DOE removed appendix C, which was applicable only to dishwashers
manufactured before May 30, 2013. See 81 FR 90072, 90073.
On August 20, 2019, DOE published a request for information
(``August 2019 RFI'') seeking comments on the existing test procedure
for dishwashers. 84 FR 43071. In the August 2019 RFI, DOE requested
comments, information, and data about a number of issues, including:
Cycle selections, cycle options, test load items, soils, annual number
of cycles, loading pattern, detergent, rinse aid, water hardness,
standby testing, room ambient conditions, incorporating requirements
from existing waivers for testing dishwashers, repeatability and
reproducibility of the test procedure, and efficiency metrics. Id.
DOE received comments in response to the August 2019 RFI from the
interested parties listed in Table I-1.\5\
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\5\ The parenthetical reference provides a reference for
information located in the docket of DOE's rulemaking to develop
test procedures for dishwashers (Docket NO. EERE-2016-BT-TP-0012,
which is maintained at <a href="http://www.regulations.gov">www.regulations.gov</a>). The references are
arranged as follows: (Commenter name, comment docket ID number, page
of that document).

Table I-1--August 2019 RFI Written Comments
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Commenter(s) Reference in this NOPR Commenter type
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Appliance Standards Awareness Project, Joint Commenters......... Efficiency Organizations.
American Council for an Energy-
Efficient Economy, Alliance to Save
Energy, and Natural Resources Defense
Council, Northwest Energy Efficiency
Alliance, Consumer Federation of
America, National Consumer Law Center
on behalf of its low-income clients.
Association of Home Appliance AHAM..................... Trade Association.
Manufacturers \6\.
California Energy Commission (``CEC''). CEC...................... State Agency.
GE Appliances, a Haier company GEA...................... Manufacturer.
(``GEA'').
Pacific Gas and Electric Company California Investor Owned Utility Association.
(``PG&E''), San Diego Gas and Utilities (``CAIOUs'').
Electric, and Southern California
Edison.
Samsung Electronics America............ Samsung.................. Manufacturer.
Whirlpool Corporation.................. Whirlpool................ Manufacturer.
Anonymous.............................. Anonymous................ Individual.
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On October 30, 2020, DOE published a final rule (``October 2020
Final Rule'') establishing a separate product class for standard size
dishwashers with a cycle time for the ``normal'' cycle of less than one
hour (i.e., 60 minutes) from washing through drying. 85 FR 68723. The
definition for the new product class of standard size dishwashers with
a ``normal'' cycle time of 60 minutes or less defines ``normal'' cycle
time by reference to Section 1.12 of appendix C1. 10 CFR
430.32(f)(1)(iii). On August 11, 2021, DOE published a NOPR (``August
2021 NOPR'') proposing to revoke the final rule that established the
new product class for dishwashers. 86 FR 43970. The new product class
definition, as well as the previously established definitions for
standard size dishwasher and compact dishwasher, incorporate by
reference American National Standards Institute (``ANSI'') ANSI/AHAM
DW-1-2010 for specifying the place settings used to distinguish between
``standard'' and ``compact.'' 10 CFR 430.32(f)(1)(i)-(iii).
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\6\ DOE notes that AHAM submitted an additional comment
following close of the comment period in which it encouraged DOE to
adopt the updated AHAM test procedure for dishwashers. (AHAM, No.
11)
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II. Synopsis of the Notice of Proposed Rulemaking

Currently, DOE incorporates by reference into 10 CFR part 430 the
2010 edition of AHAM DW-1, ``Household Electric Dishwashers'' (``ANSI/
AHAM DW-1-2010'') and applies certain provisions of the standard to
appendix C1. AHAM most recently updated AHAM DW-1 with the release of
the 2020 edition and also renumbered the standard as AHAM DW-2 (``AHAM
DW-2-2020''). AHAM also published the new standard AHAM DW-1-2020,
``Uniform Test Method for Measuring the Energy Consumption of
Dishwashers'' (``AHAM DW-1-2020''), which is consistent with the
existing DOE test procedure in appendix C1, including referencing AHAM
DW-2-2020 for the provisions where appendix C1 currently references
ANSI/AHAM DW-1-2010. Several provisions in AHAM DW-1-2020 provide
updates and additions as compared to the existing requirements in
appendix C1.

[[Page 72741]]

In this NOPR, DOE proposes to incorporate by reference into 10 CFR
part 430 the new industry standard, AHAM DW-1-2020, and update the
industry standard incorporated by reference in 10 CFR part 430 from
ANSI/AHAM DW-1-2010 to AHAM DW-2-2020. Specifically, DOE proposes to:
(1) Incorporate by reference AHAM DW-1-2020 into 10 CFR part 430
and apply certain provisions of the industry standards to appendix C1,
including the following:
a. Add the water hardness specification in Section 2.11 of AHAM DW-
1-2020;
b. Add the relative humidity specification in Section 2.5.1 of AHAM
DW-1-2020 and the associated tolerance for the measurement instrument
in Section 3.7 of AHAM DW-1-2020;
c. Update the active mode ambient temperature as specified in
Section 2.5.1 of AHAM DW-1-2020;
d. Update the loading pattern requirement by applying the direction
specified in Section 2.6 of AHAM DW-1-2020;
e. Update the specifications for detergent usage consistent with
Section 2.10 of AHAM DW-1-2020. This includes changing the type of
detergent used, and the calculation of detergent dosage to be used for
the pre-wash and main-wash cycles of dishwashers other than water re-
use system dishwashers;
f. Add specific dishwasher door configuration requirements during
standby mode testing, by incorporating the specifications in Section
4.2 of AHAM DW-1-2020 and update the annual combined low-power mode
hours based on cycle duration; and,
g. Incorporate the requirements from AHAM DW-1-2020 for the test
methods pertaining to two granted waivers for dishwashers with specific
design features.
(2) Establish new appendix C2, which would generally require
testing as in appendix C1, with the following additional update:
a. Updated number of annual cycles and low-power mode hours used
for calculating the estimated annual energy use as specified in Section
5 of AHAM DW-1-2020.
For both appendix C1 and proposed new appendix C2, DOE additionally
proposes to:
(1) Specify provisions for scoring the test load and calculating a
per-cycle cleaning index metric as specified in AHAM DW-2-2020 and
establish a minimum cleaning index threshold of 65 as a condition for a
test cycle to be valid.
(2) Incorporate the test methods specified in a waiver for testing
a basic model of dishwashers that does not hook up to a water supply
line, but has a manually filled, built-in water tank. Additionally,
incorporate the test methods specified in a waiver for basic models of
dishwashers that are installed in-sink (as opposed to built-in to the
cabinetry or placed on countertops).
DOE's proposed actions are summarized in Table II-1 compared to the
current test procedure, as well as the reason for the proposed change.

Table II-1--Summary of Changes in Proposed Test Procedure Relative to Current Test Procedure
----------------------------------------------------------------------------------------------------------------
Proposed test
Current DOE test procedure procedure Applicable test procedure Attribution
----------------------------------------------------------------------------------------------------------------
References provisions of ANSI/AHAM References provisions Appendix C1 and appendix C2 Harmonize with
DW-1-2010 for some aspects of the of AHAM DW-1-2020 industry standard and
test procedure. newly incorporated practice.
into 10 CFR part 430,
with limited
modifications.
Does not specify a water hardness Adds water hardness Appendix C1 and appendix C2 Harmonize with
requirement. requirement to be industry standard and
consistent with AHAM practice.
DW-1-2020, which is 0
to 85 parts per
million of calcium
carbonate.
Does not specify any range for Specifies the relative Appendix C1 and appendix C2 Harmonize with
relative humidity. humidity (``RH'') industry standard and
requirement from AHAM practice.
DW-1-2020, which is
35 percent <plus-
minus>15 percent.
Does not specify any References the Appendix C1 and appendix C2 Harmonize with
instrumentation for measuring instrumentation industry standard and
relative humidity. requirements for practice.
measuring relative
humidity from AHAM DW-
1-2020.
Specifies that the ambient References the ambient Appendix C1 and appendix C2 Harmonize with
temperature must be maintained at temperature industry standard and
75[deg] <plus-minus>5[deg] F. requirement from AHAM practice
DW-1-2020, including
maintaining it at a
target temperature of
75[deg] F.
Does not specify a loading pattern. References the loading Appendix C1 and appendix C2 Harmonize with
pattern from AHAM DW- industry standard and
1-2020, which practice.
specifies the same
loading requirements
as the ENERGY STAR
Cleaning Performance
Test Method.
References the detergent type and References the Appendix C1 and appendix C2 Harmonize with
detergent dosing requirements from detergent type and industry standard and
ANSI/AHAM DW-1-2010, which detergent dosing practice.
specifies Cascade with the Grease requirements from
Fighting Power of Dawn as the AHAM DW-1-2020, which
detergent and dosing requirements specifies Cascade
based on water volumes in the Complete Powder
prewash and main wash cycles. detergent and dosing
requirements based on
number of place
settings.
Uses 215 annual cycles for Reduces the annual Appendix C2................ Harmonize with
calculating annual energy use. number of cycles to industry standard and
184 for calculating practice.
annual energy use.
Does not specify whether the References the Appendix C1 and appendix C2 Harmonize with
dishwasher door should be open or requirement from AHAM industry standard and
closed during standby mode testing. DW-1-2020, which practice.
specifies that the
door must be opened
at the end of an
active cycle and
closed immediately
prior to standby
power measurement.
Uses 8,465 hours to calculate References the Appendix C2................ Harmonize with
combined low-power mode energy requirement from AHAM industry standard and
consumption for dishwashers that DW-1-2020 to use the practice.
do not have a fan-only mode. measured cycle
duration to calculate
combined low-power
mode hours.
Does not include a method to test Includes a method to Appendix C1 and appendix C2 Response to waiver and
dishwashers operating on 208-volt test dishwashers harmonize with
power supply. intended for a 208- industry standard and
volt power supply, practice.
which is also
included in AHAM DW-1-
2020.
Does not include a method to test Specifies the test Appendix C1 and appendix C2 Response to waiver and
dishwashers with a water re-use method for harmonize with
system that uses water recovered dishwashers with a industry standard and
from prior use. water re-use system practice.
from AHAM DW-1-2020.
Specifies installation instructions Specifies installation Appendix C1 and appendix C2 Response to waiver.
and test provisions only for instructions and test
dishwashers that connect to a provisions for
water supply line. dishwashers that do
not connect to a
water supply line but
instead have a built-
in water tank.
Specifies installation instructions Specifies installation Appendix C1 and appendix C2 Response to waiver.
only for under-counter and under- instructions for ``in-
sink dishwashers. sink'' dishwashers.

[[Page 72742]]

Requires placing detergent within a Specifies detergent Appendix C1 and appendix C2 Response to waiver.
main wash detergent compartment. placement
instructions for
dishwashers that do
not have a main wash
detergent compartment.
Does not specify measurement of the Specifies measurement Appendix C1 and appendix C2 Update in response to
normal cycle time specifically for of the duration of new product class.
determining whether a standard the ``normal'' cycle
size dishwasher has a normal cycle for the purpose of
time of 60 minutes or less. product class
determination.
Does not specify a minimum cleaning References AHAM DW-2- Appendix C1 and appendix C2 Ensure the test
index threshold to valid a test 2020 to specify procedure produces
cycle. measurement of a per- test results which
cycle cleaning index, measure energy and
with a threshold water use during a
value of 65 as a representative
condition for a test average use cycle.
cycle to be valid.
----------------------------------------------------------------------------------------------------------------

DOE has tentatively determined that the proposed amendments to the
test procedure described in Section III of this document for appendix
C1 would not require DOE to amend the energy and water conservation
standards for dishwashers.
The additional proposed amendments for the newly proposed appendix
C2 would alter the reported energy and water consumption of
dishwashers, as discussed in each relevant section of this NOPR.
However, as proposed, testing in accordance with these specific
proposed changes would not be required until such time as compliance is
required with any amended energy conservation standards based on
appendix C2.
Discussion of DOE's proposed actions are addressed in detail in
Section III of this document.

III. Discussion

In the August 2019 RFI, DOE requested stakeholder feedback on
several topics including test setup, dishwasher cycle-related
specifications, potential inclusion of additional cycle features,
representative test load with soiling levels, and whether further
clarification is needed for the prescribed test procedure. 84 FR 43071.
While DOE received specific comments pertaining to each topic on
which it requested comments, DOE also received some general comments in
response to the August 2019 RFI. An anonymous commenter stated that the
Federal government should refrain from rulemakings on products.
(Anonymous, No. 3 at p. 1) AHAM stated that the current test procedure
produces representative results, is not unduly burdensome, and is
consistent with the DOE Appliance Standard Program's goals. However,
AHAM commented that there is inherent variation for soil-sensing
dishwashers that could not be eliminated during testing, and that the
test procedure should provide additional clarity and minimize
variation, but there will always be some inconsistent soil responses in
the test. (AHAM, No. 5 at pp. 2, 8) AHAM further stated that adding
cycles or options, or changing the load or soils, would add significant
test burden and decrease repeatability and reproducibility in some
cases. However, AHAM stated, minor clarifications to the test procedure
could improve it and suggested a number of clarifications in its
comments, which DOE addresses in the relevant sections of this NOPR.
(AHAM, No. 5 at p. 2) GEA and Whirlpool expressed support of AHAM's
comments. (GEA, No. 10 at p. 1; Whirlpool, No. 4 at p. 1)
In the following sections, DOE addresses the topics on which it
requested feedback in the August 2019 RFI, summarizes stakeholder
comments received, responds to these comments, and proposes updates to
the test procedure based on comments and DOE's analyses.

A. Scope of Applicability

This rulemaking applies to dishwashers, which are cabinet-like
appliances which with the aid of water and detergent, wash, rinse, and
dry (when a drying process is included) dishware, glassware, eating
utensils, and most cooking utensils by chemical, mechanical and/or
electrical means and discharge to the plumbing drainage system. 10 CFR
430.2. DOE is not proposing to amend the scope of the current
dishwasher test procedure.

B. Updates to Industry Standards

The current dishwasher test procedure at appendix C1 references the
AHAM industry standard, ANSI/AHAM DW-1-2010, for certain provisions of
the DOE test procedure. In the August 2019 RFI, DOE requested comments
in reference to this industry standard. 84 FR 43071, 43078. At the time
of the August 2019 RFI, AHAM DW-1-2019, ``Household Electric
Dishwashers'' (``AHAM DW-1-2019'') was the most recent version of the
industry standard.
In response to the August 2019 RFI, stakeholders commented on the
potential incorporation by reference of AHAM DW-1-2019, the then-
current version of the industry standard. This NOPR refers to ANSI/AHAM
DW-1-2010 and AHAM DW-1-2019, when discussing the August 2019 RFI and
stakeholder comments, respectively.
Since the publication of the August 2019 RFI, AHAM published AHAM
DW-1-2020 and AHAM DW-2-2020.
AHAM DW-1-2020 provides an industry test procedure for determining
the energy and water consumption of dishwashers, updating the relevant
test procedure provisions that were previously in ANSI/AHAM DW-1-
2010.\7\ AHAM DW-1-2020 specifies definitions, testing conditions,
instrumentation, test cycle and measurements, and calculations for
energy and water consumption of dishwashers. AHAM DW-1-2020 also
references the IEC Standard 62301, ``Household electrical appliances--
Measurement of standby power'', Edition 2.0, 2011-01 (``IEC 62301 Ed.
2.0'') for measuring standby mode and off mode power consumption. AHAM
DW-1-2020 was developed by AHAM based upon the current appendix C1 and
references, as applicable, AHAM DW-2-2020 in each instance where
appendix C1 currently references ANSI/AHAM DW-1-2010.\8\ AHAM DW-1-2020
also includes updates that reflect AHAM's comments in response to the
August 2019 RFI. Additionally, AHAM included requirements pertaining to
the

[[Page 72743]]

two dishwasher test procedure waivers that were in effect as of July
2020. DOE participated in the AHAM DW-1-2020 development process and
provided feedback and comments for the task group's consideration on
various topics.
---------------------------------------------------------------------------

\7\ As noted previously, AHAM DW-1-2019 included the measurement
of cleaning performance but not energy or water consumption.
\8\ The current references to ANSI/AHAM DW-1-2010 specify place
settings, serving pieces, soiling procedures, loading procedures,
and detergent specifications--all of which are now specified in AHAM
DW-2-2020.
---------------------------------------------------------------------------

AHAM DW-2-2020 supersedes the AHAM DW-1-2019 industry standard.\9\
AHAM included minor changes and illustrations to improve consistency
throughout the document, to reflect the latest representative items
used for testing, and to eliminate ambiguity in test preparation. DOE
proposes to reference relevant sections of AHAM DW-2-2020, which
includes setup, measurement, and calculation instructions for
evaluating dishwasher cleaning performance, for its proposal to specify
a per-cycle cleaning index threshold as a condition for a valid test
cycle.
---------------------------------------------------------------------------

\9\ AHAM updated its numbering scheme for dishwasher standards,
wherein DW-2 measures cleaning performance, whereas DW-1 measures
energy and water consumption.
---------------------------------------------------------------------------

Because ANSI/AHAM DW-1-2010 and AHAM DW-1-2019 have been
superseded, the updates proposed in this NOPR are consistent with AHAM
DW-1-2020 and AHAM DW-2-2020, as appropriate. Where the requirements
differ between succeeding documents, the implications of these
differences are discussed in more detail in the respective sections of
this NOPR.
DOE is proposing to incorporate by reference into 10 CFR part 430
the currently applicable industry test procedure for dishwashers, AHAM
DW-1-2020. Simultaneously, DOE is also proposing to update the industry
standard incorporated by reference in 10 CFR part 430 from ANSI/AHAM
DW-1-2010 to AHAM DW-2-2020. In addition, DOE is proposing to reference
in appendix C1 and newly proposed appendix C2 specific provisions of
AHAM DW-1-2020 and AHAM DW-2-2020, with modifications, to clarify
provisions where the applicable industry consensus standards would not
produce test results that are representative of the energy and water
use of certain products.
DOE requests comment on its proposal to incorporate by reference
into 10 CFR part 430 the most recent version of the industry standard
for dishwasher energy and water use measurement, AHAM DW-1-2020, as
well as the industry performance standard, AHAM DW-2-2020, both with
modifications. DOE seeks comment on its preliminary conclusion that the
proposed modifications to the industry standards are necessary so that
the DOE test method satisfies the requirements of EPCA.

C. Metrics

DOE's dishwasher test procedures in 10 CFR 430.23(c) and appendix
C1 provide results for dishwasher energy consumption in kWh/year and
water consumption in gal/cycle. In the August 2019 RFI, DOE requested
feedback on an energy and water use metric on a per-place setting
basis, including any data characterizing how the energy use of
dishwashers on the market in the United States could be impacted by it.
84 FR 43071, 43078.
DOE received comments regarding potential per-place setting energy
and water use metrics. AHAM opposed such metrics and recommended that
DOE maintain the number of place settings and metrics currently in
appendix C1. AHAM stated that per-place setting energy and water use
metrics could be confusing, whereas the current method is a less
complex way to compare products. Also, AHAM expressed concern that a
per-place setting metric would be too reliant on a claimed value of the
number of place settings. (AHAM, No. 5 at p. 9) GEA expressed its
support of AHAM's comments, stating that a per-place setting
measurement would encourage manufacturers to increase the listed number
of place settings to allow a higher maximum annual energy use, and that
a uniform metric ensures appropriate comparison of ratings among
models. (GEA, No. 10 at p. 2) The Joint Commenters also opposed the
incorporation of per-place setting metrics for energy and water usage
and provided data that they stated demonstrates that there is no
correlation between place-setting capacity and energy or water use.
(Joint Commenters, No. 8 at pp. 2-3) The CAIOUs also did not support
per-place setting energy and water metrics, commenting that they have
found no correlation between capacity and energy or water use, and that
such metrics would cause confusion in the market. (CAIOUs, No. 7 at p.
3)
In this NOPR, DOE does not propose changing the efficiency metrics
to a per-place setting basis. At this time, DOE does not have data to
support the adoption of such a metric. The data submitted by the Joint
Commenters demonstrates a wide range of certified annual energy and
per-cycle water use values among units available on the market listed
in DOE's Compliance Certification Database.
DOE agrees with the Joint Commenters' assertion that currently
available data demonstrates no consistent correlation between place-
setting capacity and either energy or water use. Additionally, such a
metric would also likely require development of an additional method to
determine capacity based on place settings. At this time, DOE proposes
to maintain the current efficiency metrics in appendix C1 and the new
appendix C2.

D. Test Setup

1. Water Hardness
Appendix C1 does not currently specify any water hardness
requirement for testing. In the August 2019 RFI, DOE requested
information on how water hardness may impact consumer dishwasher energy
and water performance, and on the burden associated with including a
water hardness requirement in the DOE test procedure. 84 FR 43071,
43077. DOE also requested information on the hardness level of water
used in current testing as compared to the water hardness level
specified in ANSI/AHAM DW-1-2010, and the degree to which the water
hardness level impacts whether the test procedure is reasonably
designed to measure energy or water use during a representative use
cycle or period of use. Id.
AHAM, GEA, Joint Commenters, CAIOUs, and CEC expressed concern over
the potential variability caused by the lack of a water hardness
condition and recommended that DOE implement a water hardness
requirement between 0 and 85 parts per million (``ppm'') of calcium
carbonate (``CaCO<INF>3</INF>''), consistent with ANSI/AHAM DW-1-2010.
(AHAM, No. 5 at p. 7; GEA, No. 10 at p. 2; Joint Commenters, No. 8 at
p. 1; CAIOUs, No. 7 at p. 2; CEC, No. 6 at p. 2) AHAM further stated
that the water hardness specifications in AHAM DW-1-2019, which are the
same as the water hardness specifications in ANSI/AHAM DW-1-2010, are
consistent with laboratory practice. Further, AHAM expects that
laboratories already have this capability and that including the
requirement in DOE's test procedure would not increase test burden and
would add clarity to the test. (AHAM, No. 5 at p. 7).
These comments from interested parties suggest that varying levels
of water hardness may impact measured energy and water usage during
testing. To reduce potential variability across testing facilities and
to support reproducibility of results, DOE proposes incorporating the
water hardness requirements in Section 2.11 of AHAM DW-1-2020, which
specifies a maximum water hardness of 85 ppm of CaCO<INF>3</INF>. This
water hardness specification is the same as the water

[[Page 72744]]

hardness specification in ANSI/AHAM DW-1-2010, AHAM DW-1-2019, and AHAM
DW-2-2020, indicating on-going industry practice. Additionally, in the
October 2012 final rule, AHAM and Whirlpool commented that the American
Water Works Association found a water hardness range of 0 to 85 ppm to
be the normal range occurring in municipal water supplies, and
Whirlpool stated that the water hardness specification was intended to
reduce lab-to-lab test variation. 77 FR 65942, 65967. Although DOE did
not adopt a water hardness specification in the October 2012 final rule
due to a lack of data, it acknowledged that it had proposed to include
such a water hardness requirement in the ENERGY STAR test method for
evaluating dishwasher cleaning performance that was under development
at that time, and that DOE might consider the topic again in a future
rulemaking if such data became available. Id. DOE finalized the ENERGY
STAR ``Test Method for Determining Residential Dishwasher Cleaning
Performance'' (``ENERGY STAR Cleaning Performance Test Method'') in
2014, which includes such a water hardness specification and which
manufacturers have the option to use to report cleaning performance
data. As such, certain manufacturers may already be testing their
dishwashers according to these water hardness specifications. DOE notes
that nine dishwasher brands are included in ENERGY STAR's Most
Efficient database,\10\ and that manufacturers of these models must
report cleaning performance as measured by the ENERGY STAR Cleaning
Performance Test Method. Furthermore, AHAM stated that it expects
laboratories already have the capability to control water hardness to
within these specifications. As such, DOE does not expect this proposal
to be unduly burdensome or impact the rated energy and water use of
dishwashers.
---------------------------------------------------------------------------

\10\ ENERGY STAR Most Efficient database available at
<a href="http://www.energystar.gov/most-efficient/me-certified-dishwashers">www.energystar.gov/most-efficient/me-certified-dishwashers</a>. Last
accessed October 23, 2020.
---------------------------------------------------------------------------

Additionally, as described further in Section III.G of this
document, DOE is proposing to specify a minimum cleaning index
threshold as a condition for a valid test cycle, which may also be
impacted by water hardness.
DOE requests comment on its proposal to require use of the water
hardness requirements from Section 2.11 of AHAM DW-1-2020.
2. Relative Humidity
Currently, appendix C1 does not specify an ambient relative
humidity for testing. In the August 2019 RFI, DOE requested comment on
whether ambient relative humidity affects energy or water consumption,
and whether test facilities already maintain an ambient relative
humidity of 20 to 50 percent, as specified in ANSI/AHAM DW-1-2010.
Additionally, DOE requested information on what, if any, test burden
would result from a relative humidity specification and the extent of
any such burden. 84 FR 43071, 43077.
AHAM supported amending appendix C1 to specify relative humidity
test conditions, stating that relative humidity is a potential source
of variation. AHAM recommended specifying relative humidity consistent
with the requirements in AHAM DW-1-2019, which according to AHAM, would
entail minimal test burden since testing facilities already have such
capability. AHAM further commented that imposing a relative humidity
requirement would add clarity to the test procedure and reduce
variation among testing laboratories. (AHAM, No. 5 at p. 8) GEA also
expressed support for establishing a relative humidity requirement
consistent with AHAM DW-1-2019. (GEA, No. 10 at p. 2).
DOE proposes amending appendix C1 to include the relative humidity
requirement of AHAM DW-1-2020, which specifies in Section 2.5.1 that an
ambient relative humidity condition of 35 percent <plus-minus>15
percent must be maintained in the testing room throughout the soiling
application and 2-hour air dry period. DOE also proposes to include
this same requirement in the new appendix C2. The proposed ambient
relative humidity level is the same requirement specified in ANSI/AHAM
DW-1-2010, which DOE referred to in its August 2019 RFI, and AHAM DW-1-
2019, which stakeholders referenced in their comments.
DOE's testing experience suggests that ambient relative humidity
could potentially impact the adherence of the applied soils to the test
load during the 2-hour air-dry period specified in AHAM DW-2-2020
(which is the same as that specified in ANSI/AHAM DW-1-2010 and AHAM
DW-1-2019). The adherence of the applied soil loads to the dishware
could impact the amount of energy and water required to remove those
soils for soil-sensing dishwashers, which constitute a significant
percentage of dishwashers on the market. Further, adherence of the
applied soil loads could impact cleaning performance, which in turn
could impact the determination of the validity of each test cycle (see
Section III.G of this document for more details). Establishing a
relative humidity requirement would limit any such potential variation
and increase repeatability and reproducibility of test results. As
discussed, the proposed relative humidity requirement is the same as
the requirement in AHAM dishwasher standards, indicating that this
reflects current industry practice. Additionally, AHAM stated that it
expects laboratories already have the capability to control relative
humidity to within these specifications. As such, DOE does not expect
this proposal to increase test burden as compared to current industry
practice.
In conjunction with this proposed relative humidity test condition,
DOE also proposes to include the relative humidity measuring device
requirement specified in Section 3.7 of AHAM DW-1-2020, which states
that relative humidity measurement equipment must have a resolution of
at least 1 percent relative humidity, and an accuracy of at least
<plus-minus>6 percent relative humidity over the temperature range of
75 degrees Fahrenheit (``[deg]F'') <plus-minus>5 [deg]F.
DOE has compared this proposed requirement to the relative humidity
measuring device requirements currently specified in other DOE test
procedures. The Uniform Test Method for Measuring the Energy
Consumption of Clothes Dryers at 10 CFR part 430, subpart B, appendix
D1 and appendix D2; appendix E (Water Heaters); appendix H (Television
Sets); appendix M and appendix M1 (Central Air Conditioners and Heat
Pumps); appendix O (Vented Home Heating Equipment); appendix U (Ceiling
Fans); appendix X1 (Dehumidifiers); and appendix AA (Furnace Fans) all
require the use of a measuring device with a specified error tolerance
to measure relative humidity. These appendices specify tolerances for
the relative humidity measuring device ranging from 0.7 percent to 5
percent relative humidity. Therefore, DOE's proposal specifying a
maximum error of no greater than <plus-minus>6 percent relative
humidity to ensure accurate measurement of relative humidity while
testing should not cause undue burden, since testing facilities that
test other covered consumer products or equipment that require control
of the ambient relative humidity already have the capability to meet
the proposed requirement.
DOE requests comment on its proposal to reference AHAM DW-1-2020
for the relative humidity and

[[Page 72745]]

associated instrumentation requirements, which specifies a relative
humidity test condition of 35 percent <plus-minus>15 percent, and a
resolution of at least 1 percent relative humidity and an accuracy of
at least <plus-minus>6 percent relative humidity over the temperature
range of 75 [deg]F <plus-minus>5 [deg]F for the relative humidity
measuring device. To the extent that stakeholder have additional
information, DOE requests data regarding the impact of relative
humidity on dishwasher energy and water usage.
3. Ambient Temperature
Section 2.5.1 of appendix C1 currently specifies an ambient
temperature of 75 [deg]F <plus-minus>5 [deg]F for active mode testing.
In the August 2019 RFI, DOE requested comment regarding the impacts of
narrowing the allowable ambient temperature range on dishwasher energy
and water consumption, and whether this change would represent a burden
for test facilities. 84 FR 43071, 43077.
In response, AHAM requested that DOE maintain the same room ambient
temperature range of 75 <plus-minus>5 [deg]F, but that the test
procedure should specify that 75 [deg]F is the nominal target
temperature. AHAM stated that the DOE clothes washer test procedure at
10 CFR part 430, subpart B, appendix J2 uses the same approach of
establishing both a tolerance range and a target temperature. (AHAM,
No. 5 at p. 8) GEA and Whirlpool additionally recommended specifying a
target temperature of 75 [deg]F in accordance with AHAM's suggestion.
(GEA, No. 10 at p. 2; Whirlpool, No. 4 at p. 3) Whirlpool further
stated that the temperature range is potentially a large source of
variation in the test, and suggested reducing the allowable temperature
tolerance from a range of 10 [deg]F, providing confidential data to
support its position. (Whirlpool, No. 4 at p. 3)
DOE notes that Section 2.5.1 of AHAM DW-1-2020 specifies an ambient
temperature of 75 [deg]F <plus-minus>5 [deg]F and further specifies a
target temperature of 75 [deg]F. DOE is proposing to reference these
ambient temperature requirements in AHAM DW-1-2020 in appendix C1 and
the new appendix C2. This proposed amendment would improve
repeatability and reproducibility of results while minimizing
additional test burden. As the proposed amendment is consistent with
the industry standard, it reflects current industry practice.
Additionally, as commented by AHAM, this amendment is consistent with
the approach used to specify ambient temperature in the clothes washer
test procedure at appendix J2.
DOE requests input on its proposal to specify a target nominal
ambient temperature of 75 [deg]F for active mode testing, as referenced
from AHAM DW-1-2020.
4. 208-Volt Power
On April 10, 2017, DOE published a Decision and Order granting
Miele, Inc. (``Miele'') a test procedure waiver (``Miele waiver'') for
testing a specified basic model intended for a 208-volt power supply
rather than the 115 volts or 240 volts specified in appendix C1. 82 FR
17227 (Case No. DW-12).\11\ Miele is required to test the basic model
specified in the Miele waiver using appendix C1, except that it must
maintain the electrical supply to the dishwasher at 208 volts <plus-
minus>2 percent and within 1 percent of its nameplate frequency as
specified by the manufacturer; and maintain a continuous electrical
supply to the unit throughout testing, including the preconditioning
cycles, specified in Section 2.9 of appendix C1, and in between all
test cycles. 82 FR 17227, 17228-17229.
---------------------------------------------------------------------------

\11\ All materials regarding the Miele waiver are available in
docket EERE-2016-BT-WAV-0039 at <a href="http://www.regulations.gov">www.regulations.gov</a>.
---------------------------------------------------------------------------

In the August 2019 RFI, DOE requested feedback on whether the test
procedure waiver provisions were generally appropriate for testing
basic models with the same attributes as those subject to the Miele
waiver. 84 FR 43071, 43078.
In response, both GEA and AHAM supported incorporating the
provisions of the Miele waiver into appendix C1. (AHAM, No. 5 at p. 9;
GE, No. 10 at p. 2) Subsequently, AHAM published the AHAM DW-1-2020
standard, which includes provisions in Section 2.2.2 for testing
dishwashers that operate with an electrical supply of 208 volts.
As soon as practicable after the granting of any waiver, DOE is
required to publish in the Federal Register a notice of proposed
rulemaking to amend its regulations so as to eliminate any need for the
continuation of such waiver. 10 CFR 430.27(l). As soon thereafter as
practicable, DOE will publish in the Federal Register a final rule. Id.
Since AHAM DW-1-2020 includes the language from the Miele waiver, DOE
proposes to reference these requirements in appendix C1 and the new
appendix C2 for dishwashers that operate at 208-volts.
DOE requests comment on its proposal to reference in appendix C1
and the new appendix C2 the testing provisions from AHAM DW-1-2020 to
address the Miele waiver for dishwashers that operate at 208-volts.
5. Built-In Water Reservoir
DOE published a Decision and Order on December 9, 2020 (``December
2020 Decision and Order''), granting CNA International Inc. (``CNA'') a
test procedure waiver (``CNA waiver'') for a basic model of a compact
dishwasher that does not connect to a water supply line and instead has
a built-in reservoir that must be manually filled with water. 85 FR
79171 (Case No. 2020-008).\12\ This NOPR proposes amendments regarding
the specific design characteristics addressed in the CNA waiver,
generalized to be applicable to any future dishwasher models with this
design characteristic, so as to eliminate any need for the continuation
of this waiver.
---------------------------------------------------------------------------

\12\ All materials regarding the CNA waiver are available in
docket EERE-2020-BT-WAV-0024 at <a href="http://www.regulations.gov">www.regulations.gov</a>.
---------------------------------------------------------------------------

On September 4, 2020, DOE published a notice that announced its
receipt of the petition for waiver and granted CNA an interim waiver.
85 FR 55268 (``CNA Notice of Petition for Waiver''). In its petition
for waiver and petition for interim waiver, CNA requested that DOE
waive sections of the dishwasher test procedure requiring water inflow
and water pressure criteria pertaining to a water hookup that allows
automatic water inflow into the machine during the test cycle. 85 FR
55268, 55270 Instead, CNA suggested an alternate test procedure in
which the water tank is manually filled before the test is run and
water consumption is stipulated. (Id.) In the CNA Notice of Petition
for Waiver, DOE granted CNA an interim waiver that specified an
alternate test procedure that would be appropriate for testing the
subject basic model and solicited comments from interested parties on
all aspects of the petition and the specified alternate test procedure.
Id. at 85 FR 55270-55271. DOE received two comments in response to the
Notice of Petition for Waiver, and an additional comment response on
behalf of CNA.
Based on review of these comments, DOE determined in the December
2020 Decision and Order that the alternate test procedure granted in
the interim waiver, with additional clarifying modifications, will
allow for the accurate measurement of the energy and water use of the
product while alleviating the problems CNA identified regarding testing
the specified basic model according to DOE's applicable dishwashers
test procedure. 85 FR 79171, 79171. In particular, the alternate

[[Page 72746]]

test procedure specified in the December 2020 Decision and Order
included the following provisions:

(1) The water pressure, water meter, and water pressure gauge
specifications do not apply because the water is added manually to
the reservoir;
(2) Instructions to manually fill the built-in water reservoir
to the full 5-liter reservoir capacity stated by the manufacturer;
(3) The water temperature is in accordance with Section 2.3.3 of
appendix C1 (i.e., 50[deg] <plus-minus>2 [deg]F)
(3) Instructions regarding the required sequence of events as
specified in the manufacturer instructions: Power on the dishwasher,
then manually fill the built-in water reservoir, then begin the test
cycle within 2 minutes after powering on the dishwasher;
(4) For each preconditioning cycle, the built-in reservoir is
manually filled before each cycle, and measurement of the prewash
fill water volume (if any) and main wash fill water volume are not
taken; instead, main wash fill water volume is specified as 0.396
gallons (1.5 liters);
(6) Water consumption measurements are not performed; instead,
water consumption is specified as 4.8 liters.

85 FR 79171, 79174.
DOE proposes to incorporate each of these provisions into both
appendix C1 and proposed new appendix C2, generalizing those provisions
that were specific to the basic model subject to the CNA waiver to be
applicable for a dishwasher of any capacity with a manually filled
built-in water reservoir. Specifically:

(1) Refer to the full reservoir capacity as reported by the
manufacturer (rather than specifying the full capacity as 5 liters);
(2) Require following any sequence of events specified in the
manufacturer instructions (rather than specifying the particular
sequence of events required for the basic model subject to the CNA
waiver);
(3) Use the prewash fill water volume (if any) and main wash
water fill volume as reported by the manufacturer (rather than
specifying a main wash fill water volume of 1.5 liters);
(4) Water consumption for each test cycle is the value reported
by the manufacturer (rather than specifying water consumption as 4.8
liters).

DOE requests comment on its proposal to incorporate the
requirements of the CNA waiver for any dishwasher with a built-in
reservoir. In particular, DOE requests stakeholder feedback on using
the detergent dosage requirement based on number of place settings
rather than main wash water volume in the new appendix C2, for
dishwashers with built-in reservoirs.
6. In-Sink Installation
On October 15, 2020, FOTILE Kitchen Ware Co. Ltd. (``FOTILE'')
filed a petition for waiver and interim waiver seeking a waiver from
the installation requirements specified in appendix C1, which pertain
to under-counter or under-sink dishwashers. 86 FR 26712, 26713.
In granting FOTILE an interim waiver on February 8, 2021, DOE noted
that FOTILE's alternate test procedure specified a test enclosure that
differed from the installation instructions provided in the operation
manual. 86 FR 8548, 8549. Specifically, the alternate test procedure
retained a requirement that the enclosure be brought into the closest
contact with the appliance that the configuration of the dishwasher
allows. In the case of FOTILE's basic models, this would include close
contact between the bottom of the enclosure and the underside of the
in-sink dishwasher. In the FOTILE interim waiver notice, DOE noted that
because the height of the product is 2\15/16\ inches (541 millimeters
(mm)), placing the bottom part of the enclosure as close as possible to
the bottom of the compact in-sink dishwasher would conflict with the
installation instructions in the operation manual, which specify a
minimum enclosure height of 35\7/16\ inches (900 mm). Id. This may
potentially result in differing heat losses from the dishwasher that
could impact energy consumption during the cycle. Id. In the interim
waiver notice, DOE further noted that specifying the enclosure would be
consistent with the manufacturer installation instructions and would
provide results that are more representative of average use and
requested comment on this topic. 86 FR 8548, 8551. DOE did not receive
any comments in response to the FOTILE interim waiver.
On May 17, 2021, DOE published a Decision and Order granting FOTILE
the waiver (``FOTILE waiver''). 86 FR 26712, 26715-26716 (Case No.
2020-020).\13\ Specifically, according to the published FOTILE waiver,
FOTILE is required to test compact in-sink dishwashers using appendix
C1 with modifications to install these dishwasher basic models from the
top of a rectangular enclosure (as opposed to the front). 86 FR 26712,
26713. DOE also specified the use of the installation requirements that
were proposed in the alternate test procedure in the FOTILE interim
waiver, with modifications to the provisions pertaining to the
enclosure in which the dishwasher is tested. 86 FR 26712, 26714-26715.
---------------------------------------------------------------------------

\13\ All materials regarding the FOTILE waiver are available in
docket EERE-2020-BT-WAV-0035 at <a href="http://www.regulations.gov">www.regulations.gov</a>.
---------------------------------------------------------------------------

On July 22, 2021, DOE published a notification of extension of
waiver granting a waiver to additional in-sink FOTILE basic model
dishwashers. 86 FR 38700 (Case No. 2021-005).
DOE proposes to incorporate into appendix C1 and the new appendix
C2 the alternate test procedures in the FOTILE waiver, such that the
installation requirements would be applicable for any in-sink
dishwasher. Specifically, DOE proposes that the requirements pertaining
to the rectangular enclosure for under-counter or under-sink
dishwashers that are specified in Section 2.1 of AHAM DW-1-2020 would
not be applicable to in-sink dishwashers. For such dishwashers, DOE
proposes that the rectangular enclosure must consist of a front, a
back, two sides, and a bottom. The front, back, and sides of the
enclosure must be brought into the closest contact with the appliance
that the dishwasher configuration allows. DOE additionally proposes
that the height of the enclosure must be as specified in the
manufacturer's instructions for installation height. If no instructions
are provided, DOE proposes that the enclosure height must be 36 inches,
since this is the typical height of kitchen cabinetry with counters
attached, which is where such a dishwasher would be installed. DOE also
proposes that the dishwasher must be installed from the top and mounted
to the edges of the enclosure.
DOE requests comment on its proposal to incorporate into appendix
C1 and the new appendix C2 the installation requirements for in-sink
dishwashers from the FOTILE waiver.
7. Absence of Main Detergent Compartment
In addition to seeking a waiver for the installation requirements
for in-sink dishwashers, the basic models for which FOTILE sought a
waiver do not have a main detergent compartment. 86 FR 26712, 26713.
Specifically, according to the published FOTILE waiver, FOTILE is
required to test compact in-sink dishwashers placing the detergent
directly into the washing chamber. 86 FR 26712, 26715.
In this NOPR, DOE proposes to incorporate the provisions for
detergent placement specified in the FOTILE waiver into both appendix
C1 and proposed new appendix C2, generalizing this provision such that
it would be applicable to any dishwasher that does not have a detergent
compartment.
DOE requests comment on its proposal that the detergent must be
placed directly into the dishwasher

[[Page 72747]]

chamber for any dishwasher that does not have a prewash or main wash
detergent compartment.

E. Test Cycle Amendments

1. Cycle Selections
In the August 2019 RFI, DOE requested feedback on certain aspects
regarding dishwasher testing cycle selection. DOE requested information
on consumers' selection frequency of normal cycles and other cycle
types, in addition to the data gathered in the U.S. Energy Information
Agency's (``EIA'') 2015 Residential Energy Consumption Survey
(``RECS''). DOE also sought information on whether cycle selection
varies based on a specific product's energy and water consumption; if
additional cycle options are available with the normal cycle, including
any temperature or drying options other than those recommended by the
manufacturer, the means for consumers to select additional cycle
options; and the frequency with which consumers select the options. 84
FR 43071, 43074.
AHAM commented that consumers still most frequently select the
normal cycle, and when consumers decide on a cycle selection, they
typically use it for most of their cycles. Therefore, AHAM opposed any
changes to the currently tested normal cycle. (AHAM, No. 5 at p. 3)
AHAM asserted that EPCA does not require every possible cycle,
combination of options, or use pattern to be tested, as such testing
would be unduly burdensome to conduct and not representative of an
average use cycle or period of use. AHAM commented that all potential
use conditions need not be tested for representative results. According
to AHAM, to establish or amend representative average use cycles, DOE
must demonstrate national, statistically average consumer behavior that
would warrant changing the current test procedure, based on consumer
usage data. AHAM concludes there is no basis for extrapolating regional
consumer data. (AHAM, No. 5 at p. 2) AHAM opposed adding more cycle
options to the test because it asserts that there are not sufficient
data, and the test could be unduly burdensome to conduct. (AHAM, No. 5
at p. 3).
Conversely, CEC commented that although it does not have
information indicating frequent selection of other cycle types in
addition to the normal cycle, if DOE has information indicating
frequent consumer selection of other cycle types, then DOE is obligated
to include measurement of the energy consumption of those other cycle
types in the test procedure. (CEC, No. 6 at pp. 1-2).
Both GEA and Whirlpool supported AHAM's comment that the normal
cycle should remain the tested cycle. (GEA, No. 10 at p. 2; Whirlpool,
No. 4 at p. 2) Both manufacturers submitted confidential data that
supported the position that the manufacturer-designated normal cycle
still represents consumer preference regarding cycle selection. (GEA,
No. 10 at p. 3; Whirlpool, No. 4 at p. 2).
Samsung supported DOE's initiatives to study consumer data on which
cycle is most representative of consumer use. (Samsung, No. 9 at p. 2).
The CAIOUs referenced PG&E's 2016 Home Energy Use Survey to support
their claim that the tested normal cycle including any power-dry
feature, in the current test procedure, is still the cycle most
representative of how consumers operate dishwashers. The CAIOUs further
stated that consumers would be less likely to switch from using the
normal cycle if DOE were to incorporate cleaning performance in the
test procedure, and recommended DOE investigate incorporating a
cleaning performance test. (CAIOUs, No. 7 at pp. 1-2).
Absent data that reflects national use and frequency of use of
other cycle types, DOE is not proposing changes to cycle selections for
testing at this time. However, as discussed in more detail in Section
III.G of this document, DOE is proposing a minimum cleaning index
threshold for a test cycle to be considered valid. Under the proposal,
if the normal cycle does not meet a specified threshold at any soil-
load, DOE proposes that the most energy-intensive cycle be tested and
used for certification purposes at that soil load. DOE believes this
alternative approach would better represent an average use cycle by
capturing those consumers that may select other cycles for washing
dishes if the cleaning performance of the normal cycle does not meet
their expectations, because higher energy use provides increased
thermal and mechanical action for removing soils, thus correlating
generally with improved cleaning performance.
In response to the August 2019 RFI, Samsung also commented that DOE
should specify that the manufacturer-recommended cycle for normal,
regular, or typical use with the lowest energy efficiency should be
selected as the test cycle if multiple cycle settings meet the
definition of ``normal cycle.'' (Samsung, No. 9 at p. 2).
Regarding Samsung's suggestion, DOE notes that the current test
procedure at appendix C1 already defines a ``normal cycle'' in Section
1.12 as the manufacturer-recommended cycle for daily, regular, or
typical use. Section 1.12 additionally specifies that if more than one
cycle meets the definition of a normal cycle, the most energy-intensive
cycle (i.e., the cycle with the lowest energy efficiency) is considered
the normal cycle. Section 1.12 of appendix C1. Therefore, the current
test procedure already addresses Samsung's suggestion.
Based on the information and comments received, DOE is not
proposing any changes to the dishwasher test cycle selections, except
with regard to validating the test cycle pursuant to the minimum
cleaning index threshold that DOE proposes to include in appendix C1
and the new appendix C2. (See Section III.G of this document.) DOE is
also not proposing to add any additional cycle options to the tested
normal cycle.
2. Drying Energy Measurement
Section 5.3 of appendix C1 specifies a methodology for determining
the ``drying energy'' consumption of a dishwasher. Dishwashers
typically incorporate technologies to assist with drying the dishes
after completion of the rinse portion of the cycle. Some dishwashers
use an exposed resistance heater to heat the air inside the washing
chamber after the final rinse to evaporate the water from the dishware.
Other dishwasher models, however, do not use a resistance heater to
heat the air, but instead achieve drying by raising the temperature of
the final rinse water. The heated rinse water evaporates more quickly
from the dishes after completion of the rinse portion of the cycle.
Section 1.14 of appendix C1 defines ``power-dry feature'' as the
introduction of electrically-generated heat into the washing chamber
for the purpose of improving the drying performance of the dishwasher.
Further, the definition of ``normal cycle'' in Section 1.12 of appendix
C1 specifically includes the power-dry feature as part of the normal
cycle. Section 5.3 of appendix C1 specifies a methodology for
calculating the energy consumed by the power-dry feature after the
termination of the last rinse option (emphasis added). Half of this
drying energy is subtracted from the total dishwasher energy
calculations of EAOC and EAEU at 10 CFR 430.23(c)(1) and (2),
respectively.\14\
---------------------------------------------------------------------------

\14\ This reflects consumer use of the power-dry feature for 50
percent (i.e., half) of dishwasher cycles.
---------------------------------------------------------------------------

Because the application of Section 5.3 is limited to drying energy
consumed only after the termination of the last rinse option, it would
not be applicable to the drying energy use of a dishwasher

[[Page 72748]]

that employs heated rinse technology, since such energy is consumed as
part of the final rinse rather than after the final rinse. Rather, the
energy use associated with the heated rinse would be captured as part
of the normal cycle machine energy consumption. As a result, the energy
use associated with heated rinse drying technology would be factored
into EAOC and EAEU in its entirety, rather than only by half, as
described for units with conventional power-dry technology that occurs
after the final rinse.
DOE requested information and data on the extent to which
manufacturers increase the temperature of the final rinse water to
improve drying performance. 84 FR 43071, 43074. DOE further requested
information on the extent to which manufacturers implement such a
drying strategy as part of the normal cycle, and whether and to what
extent such units provide an option to eliminate this drying function.
Id. DOE also requested data and information on the energy use
associated with increasing the temperature of the final rinse water as
a means to improve drying performance, including any available options.
Id.
AHAM opposed the addition of cycle options, including a power-dry
option, to appendix C1. They claimed a lack of available data to
suggest that consumers were selecting a power-dry feature at a
frequency that would be considered representative of ``average''
consumer use. Therefore, requiring the selection of a power-dry option
while testing would add unnecessary test burden. (AHAM, No. 5 at p. 3)
GEA supported AHAM's comments opposing the addition of cycle options
stating that there is no justification for adding cycle options the
test procedure, including the power dry feature. (GEA, No. 10 at p. 2)
In response to the comments from AHAM and GEA regarding the testing
of a power-dry option, DOE notes that appendix C1 already requires
testing of a power-dry cycle option, if available. Appendix C1 requires
testing of dishwashers on the normal cycle, which is defined as 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 feature'' (emphasis added). Section 1.12 of
appendix C1. That is, the power-dry option is already selected during
testing, if available.
At this time, DOE does not propose any changes to the measurement
of drying energy to accommodate units that use heated rinse to achieve
drying. The current measurement of drying energy consumption is
dependent upon a clearly identifiable boundary between the conclusion
of the final rinse and the activation of electrically-generated heat
into the washing chamber. For units that use heated rinse to achieve
drying, DOE initially determines that it would be burdensome to isolate
the energy specifically attributable to raising the temperature of the
final rinse, since such energy use would be embedded within the total
energy use measured during that portion of the cycle; i.e., it would
not be possible to determine the ``drying energy'' without, for
example, sub-metering the electrical energy use of the internal water
heater. For these reasons, DOE is not proposing any changes to the
existing requirements for measuring drying energy.
3. Annual Number of Cycles
Section 5.7 of appendix C1 calculates combined low-power mode
energy consumption, which factors into the EAEU calculation, using 215
annual cycles. DOE established the 215-cycle value in the August 2003
final rule, relying on data from several sources on consumer dishwasher
usage behavior, including the 1997 version of RECS, several consumer
dishwasher manufacturers, detergent manufacturers, energy and consumer
interest groups, independent researchers, and government agencies. 68
FR 51887, 51889-51890. In the August 2019 RFI, DOE referenced an energy
conservation standards NOPR published December 12, 2014 (79 FR 76142,
``December 2014 NOPR'') and chapter 7 of its accompanying technical
support document (``TSD''), which provided justification for using 215
cycles as the annual cycle estimate for EAEU calculations.\15\ 84 FR
43071, 43075. In the December 2014 NOPR, DOE considered survey data
from the 2009 version of RECS--which suggested 171 average annual
cycles--but determined that because RECS 2009 used a binning approach
\16\ rather than providing point estimates of usage, and because of the
large data set of consumers' residential dishwasher usage habits used
to develop the 215-cycle value, it would retain use of that value. 79
FR 76142, 76156. DOE also noted that 215 cycles per year is the number
of cycles on which the EnergyGuide label administered by the Federal
Trade Commission (``FTC'') is based. Id.
---------------------------------------------------------------------------

\15\ December 2016 Final Determination technical support
document available at <a href="http://www.regulations.gov/document?D=EERE-2014-BT-STD-0021-0029">www.regulations.gov/document?D=EERE-2014-BT-STD-0021-0029</a>.
\16\ Specifically, RECS 2009 provides data on the number of
residential dishwasher cycles in the following bins: (1) Less than
once per week, (2) once per week, (3) 2-3 times per week, (4) 4-6
times per week, (5) at least once per day.
---------------------------------------------------------------------------

In the August 2019 RFI, DOE requested any additional information on
annual consumer use of dishwashers, including on the appropriateness of
the analysis that incorporates the 2009 RECS data and whether it
results in a representative annual usage estimate. 84 FR 43071, 43075.
DOE also sought feedback on the suitability of data from the 2015 RECS,
the survey for which directly asked for the typical number of
dishwasher cycles per week rather than providing binned response
options such as those included in the 2009 RECS. Id.
In response, AHAM and GEA recommended that DOE consider the latest
(2015) RECS data in its analysis for the annual number of cycles used
in the EAEU calculations. (AHAM, No. 5 at p. 4; GEA, No. 10 at p. 3)
GEA stated that, based on the consumer data it collected, 50 percent of
the time consumers run fewer than 148 cycles per year, and 66 percent
of the time consumers run fewer than 188 cycles per year. (GEA, No. 10
at p. 3) AHAM stated that data collected from its members show a
downward trend in the number of cycles per year, with a weighted
average of 174 cycles per year. (AHAM, No. 5 at p. 4) Both GEA and AHAM
recommended updating the annual number of cycles of dishwasher usage to
174 cycles per year, based on the 2015 RECS data and the data they
presented, which was consistent with the trends of reduced dishwasher
usage found in 2015 RECS data. (AHAM, No. 5 at p. 4; GEA, No. 10 at p.
3).
In this NOPR, DOE proposes to update the current annual cycles
estimate to reflect more recent trends in dishwasher usage. DOE's
analysis of 2015 RECS data indicates annual use of 185 cycles.\17\
While AHAM and GEA recommended 174 cycles per year, they also urged DOE
to consider the 2015 RECS data in determining the number of annual
cycles. Additionally, subsequent to submitting its initial comments to
DOE in response to the August 2019 RFI, AHAM released AHAM DW-1-2020,
which specifies a value of 184 cycles per year in AHAM DW-1-2020 based
on industry consensus. DOE thus proposes to amend the current annual
number of cycles estimate from 215 to

[[Page 72749]]

184 cycles, through reference to AHAM DW-1-2020. The proposed value
closely aligns with DOE's analysis of 2015 RECS data. DOE has initially
determined that the 2015 RECS is a suitable source for updating the
annual number of cycles estimate because (1) it is the most recent RECS
edition available, (2) RECs is nationally representative for all U.S.
households, and (3) it provides direct survey data on the typical
number of dishwasher cycles run by consumers each week, rather than
providing binned response options. Compared to the existing estimate of
215 annual cycles, the proposed estimate of 184 annual cycles is
consistent with comments from AHAM and GEA as to the downward trend in
dishwasher usage.
---------------------------------------------------------------------------

\17\ In the 2015 RECS, EIA collected the number of times per
week that households used their dishwasher as point values rather
than ranges as EIA had done in previous surveys. For households
using their dishwashers, multiplying weekly usage by number of weeks
in the year results in annual usage rates. A weighted average of
annual usage employs the household weight and produces a nationally
weighted annual usage value.
---------------------------------------------------------------------------

The proposal to update the annual cycle value for calculating EAEU,
if finalized, would change the certified and reported EAEU values. DOE
also notes that the existing energy conservation standards are based on
the EAEU as determined under the current test procedure. As such, if
this proposal were adopted, use of the 184 cycles-per-year value would
be in conjunction with any future amended energy conservation standards
for dishwashers that accounts for the updated annual cycle value.
Accordingly, DOE proposes to specify this requirement in the new
appendix C2. Manufacturers would be required to use the results of
testing under the new appendix C2 to determine compliance with any
future amended energy conservation standards.
DOE requests input on its proposal to update the estimated number
of annual cycles from 215 to 184 cycles per year for future
calculations of EAEU. DOE also requests comment on its approach to
propose a new appendix C2 with the updated annual number of cycles, the
use of which would be required for compliance with any amended energy
conservation standards.

F. Energy and Water Consumption Test Methods

1. Test Load Items
The current test load and test load items are specified in Sections
2.6 and 2.7 of appendix C1. Non-soil-sensing dishwashers are tested
with six serving pieces plus eight place settings, or six serving
pieces plus the number of place settings equal to the capacity of the
dishwasher if the latter is less than eight place settings. Soil-
sensing compact and soil-sensing standard dishwashers are tested with
four place settings and eight place settings, respectively, along with
six serving pieces each.
In the August 2019 RFI, DOE requested information on the following
topics regarding the current test load requirements: The typical number
of place settings washed by consumers in each cycle; how the typical
number of place settings relate to a dishwasher's overall capacity;
whether the number of place settings affects energy and water
consumption; whether introducing plastic items could have an impact on
energy or water use; and typical composition of place setting items,
serving pieces, and flatware that are washed in consumer dishwashers,
including the types of items (e.g., cups, bowls, and plates) and their
characteristics (e.g., size and material). 84 FR 43071, 43074-43075.
AHAM recommended the continuation of using eight place settings as
the test load for testing standard dishwashers, stating that the eight
place settings are representative of the thermal mass consumers place
in the dishwasher. AHAM further stated that if DOE were to change the
number of place settings, the standard would likely need to be adjusted
as well. (AHAM, No. 5 at p. 4) GEA supported AHAM's comment and stated
that there had not been any nationally relevant, statistically
significant data justifying a change to the test load items, and
therefore, GEA opposed changing the test load items. (GEA, No. 10 at p.
2) Whirlpool commented that its confidential data supported AHAM's
position that eight place settings was representative. Furthermore,
Whirlpool stated that changing the test load would unnecessarily add
burden and/or increase variation in test results. (Whirlpool, No. 4 at
pp. 1-2).
With regard to adding plastic test load items, AHAM commented that
introducing these would not change water and energy use because these
items do not add to the dishwasher's thermal mass. Furthermore, AHAM
asserted that adding plastic into the energy test would likely increase
variation and test burden with no added benefit. (AHAM, No. 5 at p. 4).
The comments summarized above generally support the continued use
of eight place settings as representative of consumer use. DOE also
notes that no data has been presented that would justify changing the
test load items at this time. Although no data was presented regarding
the use of plastic items, DOE recognizes that the minimal thermal mass
of plastic test load items would likely result in little, if any,
change to the energy and water consumption.
While not discussed in the August 2019 RFI or in comments submitted
by stakeholders in response to the August 2019 RFI, DOE observes that
some of the test load items specified in appendix C1 differ from the
items specified in Section 3.4 of AHAM DW-2-2020, which is also
referenced by Section 2.7.1 of AHAM DW-1-2020. The test load items as
stated in appendix C1 and AHAM DW-2-2020 are shown in Table III-1 in
this document below.

Table III-1--Test Load Items in Appendix C1 and AHAM DW-2-2020
--------------------------------------------------------------------------------------------------------------------------------------------------------
Appendix C1 AHAM DW-2-2020
Item --------------------------------------------------------------------------------------------------------------------
Company/ designation Description Alternate Company designation Size
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dinner Plate....................... Corning Comcor[supreg]/ 10 inch Dinner Plate.. ..................... Corelle[supreg] 10 inch (25.4cm).
Corelle[supreg] 5256294.
#6003893.
Bread and Butter Plate............. Corning Comcor[supreg]/ 6.75 inch Bread & Arzberg #8500217100 Corelle[supreg] 6.7 inch (17.0cm).
Corelle[supreg] Butter. or 2000-00001-0217-1. 5256286.
#6003887.
Fruit Bowl......................... Corning Comcor[supreg]/ 10 oz. Dessert Bowl... Arzberg #3820513100.. Corelle[supreg] 10 oz. (296mL).
Corelle[supreg] 5256297.
#6003899.
Cup................................ Corning Comcor[supreg]/ 8 oz. Ceramic Cup..... Arzberg #1382-00001- Arzberg #1382-00001- 7 oz. (207mL).
Corelle[supreg] 4732. 4732.
#6014162.
Saucer............................. Corning Comcor[supreg]/ 6 inch Saucer......... Arzberg #1382-00001- Arzberg #1382-00001- 5.5 inch (14.0cm).
Corelle[supreg] 4731. 4731.
#6010972.
Serving Bowl....................... Corning Comcor[supreg]/ 1 qt. Serving Bowl.... ..................... Corelle[supreg] 1 qt. (950mL).
Corelle[supreg] #5256304.
#6003911.
Platter............................ Corning Comcor[supreg]/ 9.5 inch Oval Platter. ..................... Corelle[supreg] Oval--9.5 inch by 7.5
Corelle[supreg] #6011655. inch (24.1cm by
#6011655. OR ALTERNATE......... 19.1cm).
Corelle[supreg] Round--8.5 in
#5256290. (21.6cm).
Glass--Iced Tea.................... Libbey #551HT......... ...................... ..................... Libbey #551HT........ 12.5 oz.

[[Page 72750]]

Flatware--Knife.................... Oneida[supreg] -- ...................... WMF --Gastro 0800 WMF 12.0803.6047.....
Accent 2619KPVF. 12.0803.6047.
Flatware--Dinner Fork.............. Oneida[supreg] -- ...................... WMF -- Signum 1900 WMF 12.1905.6040.....
Accent 2619FRSF. 12.1905.6040.
Flatware--Salad Fork............... Oneida[supreg] -- ...................... WMF -- Signum 1900 WMF 12.1964.6040.....
Accent 2619FSLF. 12.1964.6040.
Flatware--Teaspoon................. Oneida[supreg] -- ...................... WMF -- Signum 1900 WMF 12.1910.6040.....
Accent 2619STSF. 12.1910.6040.
Flatware--Serving Fork............. Oneida[supreg] -- ...................... WMF -- Signum 1900 WMF 12.1902.6040.....
Flight 2865FCM. 12.1902.6040.
Flatware--Serving Spoon............ Oneida[supreg] -- ...................... WMF -- Signum 1900 WMF 12.1904.6040.....
Accent 2619STBF. 12.1904.6040.
--------------------------------------------------------------------------------------------------------------------------------------------------------

For the cup, saucer, and flatware items, the alternate options
listed in appendix C1 are the primary options specified in AHAM DW-2-
2020. The iced tea glass is the only item that is the same for both
test procedures. The remaining items feature Corelle[supreg] as the
manufacturer for both appendix C1 and AHAM DW-2-2020, but these items
have new model numbers in AHAM DW-2-2020. DOE understands that the
Corelle[supreg] model numbers listed in appendix C1 are no longer in
production, and the model numbers listed in AHAM DW-2-2020 are the
newer editions for these out of production items. Additionally, AHAM
DW-2-2020 contains an alternative selection only for the serving
platter. For the other test load items, AHAM DW-2-2020 provides
instructions to contact AHAM for assistance to identify suitable
alternatives.
As illustrated in Table III-1, AHAM DW-2-2020, which is referenced
in AHAM DW-1-2020, includes newer model numbers of the test load items
as compared to appendix C1. Therefore, DOE proposes to reference AHAM
DW-1-2020, which specifies that the test load must be as stated in
Section 3.4 of AHAM DW-2-2020 in Section 2.7.1 of the standard.
Specifically, DOE would apply the provisions of Section 3.4 of AHAM DW-
2-2020 to appendices C1 and C2, excluding the Note accompanying Section
3.4 regarding AHAM assistance with determining alternatives.
However, DOE is also proposing to continue including the test load
items currently specified in appendix C1 as alternate options, so that
test laboratories can continue using the existing test load if they
already have these items. This proposal would be applicable to both
appendix C1 and the new appendix C2. Pursuant to EPCA requirements,
this approach would not impose an undue burden, but rather minimize
test burden as it would not require manufacturers and/or test
laboratories to procure new items if they already have the existing
test load items.
DOE requests comment on specifying that the test load items be as
specified in AHAM DW-1-2020 (which references Section 3.4 of AHAM DW-2-
2020), while additionally retaining, as an alternative, the current
test load specifications in appendix C1 and the new appendix C2.
2. Soils
In the August 2019 RFI, DOE requested information on whether
consumer soil loads have changed since DOE established the soil loads
in the August 2003 final rule. 84 FR 43071, 43075. In particular, DOE
requested any data regarding soiling conditions and the frequency of
pre-rinsing by consumers. Id. DOE also sought information on whether
the types of soil required in appendix C1 resulted in a test method
that measured energy and water use during a representative use cycle or
period of use. Id. In addition to the representative quantity of soil
and types of soil present for consumer use, DOE also requested
information on the typical mix of soils consumers load into their
dishwashers, on the appropriateness of the current composition of soil
loads in appendix C1, and on whether the appendix C1 soil loads should
be updated to incorporate different types of soils, including any
additional fats or greases. 84 FR 43071, 43075-43076.
Samsung commented that DOE's current soiling level reflects pre-
rinsing performed by the consumer. Samsung added, however, that the
report on which the soil levels in the current test procedure are based
is 20 years old, and there has been consumer advocacy by dishwasher
manufacturers, consumer advocates, and detergent manufacturers to
educate consumers against pre-rinsing. Samsung suggested that DOE
revise the test procedure to incorporate a larger soil load
representing the soiling condition without pre-rinsing, and that the
AHAM DW-1-2009 \18\ soiling levels could be consistent with such
soiling levels. (Samsung, No. 9 at pp. 2-3).
---------------------------------------------------------------------------

\18\ The AHAM DW-1-2009 standard is the same standard as ANSI/
AHAM DW-1-2010 before it received the ANSI accreditation.
---------------------------------------------------------------------------

AHAM stated that no data suggest that consumers no longer pre-rinse
their dishes. AHAM further stated that there is no need to change the
soil types because the purpose of the soil composition is to activate
the turbidity sensors only (for soil-sensing dishwashers), rather than
to replicate the wide array of potential soils consumers might load
into their dishwashers. According to AHAM, the current soil composition
already achieves that goal of activating the turbidity sensors while
being representative of average consumer use both in terms of
composition and quantity. AHAM opposed changing the distribution of
soil loads and the soil composition for these reasons. (AHAM, No. 5 at
pp. 5-6) GEA supported AHAM's comments, stating that there is no data
available to justify a change to the test load soiling. (GEA, No. 10 at
p. 2)
Samsung also recommended that DOE consider a field use factor for
dishwashers with soil sensors. Samsung stated that dishwashers with
soil sensors can adapt to a variety of soiling and loading conditions
of consumer dishwasher usage, and thereby optimize energy and water
use. Samsung suggested DOE consider developing a field use factor to
credit soil-sensing dishwashers for such optimizations. Samsung stated
that the clothes dryers test procedure at 10 CFR part 430, subpart B,
appendix D1 uses a field use factor to recognize the energy benefits of
dryers with automatic termination controls and requested DOE consider a

[[Page 72751]]

similar factor for soil-sensing dishwashers. (Samsung No. 9 at p. 3)
The soil load specified in appendix C1 has been developed by DOE to
produce a measure of energy and water use of soil-sensing dishwashers
in a representative usage cycle. At this time, DOE does not have data
on the operation of a soil-sensing function that would suggest that a
field use factor to adjust testing results would be appropriate.
Therefore, DOE is not proposing in this NOPR a field use factor for
appendix C1 or the new appendix C2.
DOE did not receive any data regarding pre-rinsing by consumers.
Although Samsung stated that there has been consumer advocacy to reduce
pre-rinsing in recent years, no data have been presented to indicate
whether or to what degree consumers have changed pre-rinsing habits.
Absent such data, DOE is not proposing any changes to the soil loads.
DOE continues to request feedback and data regarding soiling level
and whether there have been changes to consumers' pre-rinsing behavior.
DOE also seeks information regarding the impact of different soil
levels on energy and water use in dishwashers currently on the market.
Section 2.7.4 of appendix C1 states that the soils shall be as
specified in Section 5.4 of ANSI/AHAM DW-1-2010, except for the
following substitutions:
<bullet> Margarine. The margarine shall be Fleischmann's Original
stick margarine.
<bullet> Coffee. The coffee shall be Folgers Classic Decaf.
Additionally, Section 2.7.5 of appendix C1 states that soils shall
be prepared according to Section 5.5 of ANSI/AHAM DW-1-2010, with the
following additional specifications:
<bullet> Milk. The nonfat dry milk shall be reconstituted before
mixing with the oatmeal and potatoes. It shall be reconstituted with
water by mixing 2x-3 cup of nonfat dry milk with 2 cups of water until
well mixed. The reconstituted milk may be stored for use over the
course of 1 day.
<bullet> Instant mashed potatoes. The potato mixture shall be
applied within 30 minutes of preparation.
<bullet> Ground beef. The 1-pound packages of ground beef shall be
stored frozen for no more than 6 months.
DOE notes that Table 3 in Section 5.4 of AHAM DW-2-2020 specifies
Fleischmann'sTM Original Stick margarine and Folgers\TM\
Classic Decaf coffee, consistent with DOE's substitutions in Section
2.7.4 of appendix C1. These AHAM DW-2-2020 soiling specifications are
also referenced in Section 2.7.4 of AHAM DW-1-2020. Therefore, DOE
proposes to remove the substitution for margarine and coffee from
regulatory text in appendix C1 and apply the soiling requirements in
Section 2.7.4 of AHAM DW-1-2020 instead.
Additionally, Section 2.7.5 of AHAM DW-1-2020 includes the
additional soil preparation requirements for milk, instant mashed
potatoes, and ground beef, which are currently specified in appendix
C1. Therefore, DOE proposes to remove the additional soil preparation
specifications from Section 2.7.5 in appendix C1 and apply the
requirements in Section 2.7.5 of AHAM DW-1-2020 instead.
DOE requests comment on its proposal to remove the soil
substitution and soil preparation requirements from Sections 2.7.4 and
2.7.5 of appendix C1 and apply these same requirements from AHAM DW-1-
2020 instead. DOE particularly requests data and information on how the
proposed soil composition would affect energy and water use in current
dishwashers.
3. Loading Pattern
Section 2.6 of appendix C1 references Section 5.8 of ANSI/AHAM DW-
1-2010 for loading the dishwasher prior to running active mode tests,
which requires loading in accordance with the manufacturer's
recommendation. In the August 2019 RFI, DOE requested feedback on
whether any additional instructions are needed beyond referencing a
manufacturer's loading recommendation. 84 FR 43071, 43076. DOE also
requested information on how consumers typically load dishwashers. Id.
DOE stated that although manufacturer instructions may optimize loading
patterns to maximize loading capacity and dishwasher performance,
consumers may use other loading positions and alignment, leading to
variability in dishwasher performance. Id.
AHAM stated that the lack of loading specificity in appendix C1 is
a source of test procedure uncertainty. AHAM stated that the
positioning of soiled items relative to unsoiled items may impact the
rate at which soils are removed from the test load items, which may
impact soil sensor responses. AHAM recommended that the test procedure
establish the same loading instructions as Section 5.1(D) of the ENERGY
STAR Cleaning Performance Test Method. AHAM added that the purpose of a
specific loading pattern is to reduce variation in testing results, not
necessarily to emulate consumer use. AHAM commented that consumer
loading patterns are likely difficult to replicate in the test
procedure. (AHAM, No. 5 at p. 6)
GEA also supported changing the loading pattern to conform with
Section 5.1(D) of the ENERGY STAR Cleaning Performance Test Method.
(GEA, No. 10 at p. 2) The Joint Commenters stated that they support
additional specificity to the test procedure regarding the loading
pattern to improve reproducibility of test results among test
laboratories. (Joint Commenters, No. 8 at p. 1).
As stated in the August 2019 RFI, DOE recognizes that the
positioning of soiled test load items in relation to unsoiled ones
could impact the rate at which soils are removed from the test load
items, and therefore also impact soil sensor responses. 84 FR 43071,
43076. This could lead to variation in energy and water consumption.
Specifying a loading pattern requirement would improve the
repeatability of the testing procedure and reproducibility of results
across both individual tests and testing facilities. Since submitting
its comments, AHAM has included the loading pattern requirements
specified in the ENERGY STAR Cleaning Performance Test Method in
Section 2.6.3.4 of AHAM DW-1-2020. These requirements are applicable to
soil-sensing dishwashers that are tested with both, clean and soiled
place settings. DOE proposes to apply these AHAM DW-1-2020 loading
requirements to appendix C1 and the new appendix C2 to reduce potential
variation in the test procedure. Additionally, these loading
requirements would apply to both soil-sensing and non-soil-sensing
dishwashers as non-soil-sensing dishwashers would be required to use
soil loads for testing under DOE's cleaning index threshold proposal
discussed in Section III.G of this document.
DOE requests input on its proposal to use the loading requirements
specified in Section 2.6.3.4 of AHAM DW-1-2020.
4. Preconditioning Cycles
Section 2.9 of appendix C1 requires manufacturers to precondition
the dishwasher by running the normal cycle twice with no load after the
testing conditions are established. The prewash fill water volume, if
any, and the main wash fill water volume are measured during the second
preconditioning cycle to calculate the detergent amounts to be used
during the energy and water consumption tests. The prescribed procedure
ensures an accurate calculation of detergent dosing, priming of the
water lines and sump area of the

[[Page 72752]]

pump, successful sensor calibration, and machine cleaning without
adding significant test burdens. In the August 2019 RFI, DOE requested
comment on whether two preconditioning cycles were adequate or more
than is necessary to calibrate the soil sensors. DOE also requested
comment on whether using the water volumes from the second
preconditioning cycle continued to be appropriate for determining the
detergent amounts if the sensors were still being calibrated during the
second preconditioning cycle. 84 FR 43071, 43076.
AHAM commented that although sometimes unnecessary, two
preconditioning cycles ensure that the dishwasher under test is
properly calibrated, and manufacturers prefer to keep the existing two
cycles for certainty in test results as well. (AHAM, No. 5 at p. 6) GEA
supported AHAM's comment by reaffirming that two preconditioning cycles
increased reliability and reproducibility in test results. (GEA, No. 10
at p. 2).
No commenter suggested the use of fewer or additional
preconditioning cycles. Based on the above discussion, DOE is not
proposing to modify the requirement for two preconditioning cycles
currently in appendix C1, and is proposing to apply this requirement to
the new appendix C2.
5. Detergent
Section 2.10 of appendix C1 specifies using Cascade with the Grease
Fighting Power of Dawn powder as the detergent formulation. This
section also provides the method to calculate the detergent quantities
to be added to the pre-wash (if available) and main-wash compartments,
which is based on the pre-wash (if available) and main wash water
volumes, respectively. In the August 2019 RFI, DOE requested
information on whether the current powder detergent specified in
appendix C1 results in a test procedure reasonably designed to measure
energy and water use during a representative use cycle or period of use
and requested comment on the use of a reference detergent. 84 FR 43071,
43076. DOE also requested comment on the method for calculating
detergent dosing, including: Whether to continue calculating the
detergent dosing based on the measured water fill volumes in the second
preconditioning cycle, or whether to specify a fixed amount of
detergent; methods to differentiate between the different portions of a
wash cycle and ways to appropriately calculate the corresponding
detergent dosing; and reliance on manufacturer dosage recommendations.
Id.
AHAM suggested that detergent dosing be evaluated, but advised DOE
to maintain the existing powder detergent formulation, stating that
this formulation was still representative of powder formulations on the
market. AHAM also supported maintaining the current detergent dosage
provisions. AHAM further stated that detergent impacts performance
testing more than it impacts energy testing; thus, it did not need to
be changed for energy testing. AHAM also commented that it would
discuss updates to detergent usage as part of its AHAM DW-1 process,
but that more work is needed to understand the appropriate detergent
and amounts to use, and how often formulations change. (AHAM, No. 5 at
p. 7) GEA supported AHAM's comment and stated that there is
insufficient data on the impact of detergents to the current test
procedure or to other test procedures that may be run at the same time
\19\ to make any change to detergents at this time. (GEA, No. 10 at pp.
1, 2) Whirlpool also agreed with AHAM and commented that the current
powder detergent referenced in appendix C1 is representative of powder
detergents on the market. Whirlpool further commented that, although
single dose detergents are the most commonly used detergent type, given
the recent rising popularity of single dose detergents, their
formulations are not stable because detergent manufacturers make
frequent changes and improvements. Whirlpool also suggested that
further evaluation was needed to assess the impact of single dose
detergents on energy use. (Whirlpool, No. 4 at p. 3) Since publication
of the August 2019 RFI and the subsequent end of the comment period,
AHAM informed DOE, during the task group's meetings to establish AHAM
DW-1-2020, that the powder detergent currently specified in appendix
C1--Cascade with the Grease Fighting Power of Dawn--is no longer
commercially available. Instead, a new powder detergent, Cascade
Complete Powder, which has a slightly different formulation \20\ from
Cascade with the Grease Fighting Power of Dawn, is now available on the
market. AHAM has updated AHAM DW-2-2020 to reference this new detergent
for testing purposes. AHAM DW-1-2020 references AHAM DW-2-2020, both
for detergent formulation as well as dosage.
---------------------------------------------------------------------------

\19\ GEA did not specify which other test procedures it was
referring to that may be run at the same time as the DOE test
procedure.
\20\ Stakeholders mentioned during the AHAM task group calls
that they were informed by the detergent manufacturer that the only
difference between Cascade with the Grease Fighting Power of Dawn
and Cascade Complete Powder is related to the enzymes used in the
detergent. DOE was not able to verify this information independently
because the ingredient list for Cascade with the Grease Fighting
Power of Dawn is not available on product packaging (or online).
---------------------------------------------------------------------------

In addition to a change in the detergent to be used for testing,
both AHAM DW-1-2020 and AHAM DW-2-2020 also specify new dosage
requirements in comparison to the current requirements of appendix
C1.\21\ Section 4.1 of AHAM DW-2-2020 specifies the detergent dosage as
1.8 grams per place setting in the main compartment of the detergent
dispenser and 1.8 grams per place setting in the prewash compartment of
the detergent dispenser or other location. Section 2.10.1 of AHAM DW-1-
2020 further specifies to use half the quantity of detergent that is
specified in Section 4.1 of AHAM DW-2-2020 for both prewash and main-
wash detergent for the energy and water consumption tests. Prewash
detergent is specified only for those units if it is recommended by the
manufacturer's instructions for conditions that are consistent with the
test procedure. This includes, but is not limited to, manufacturer
instructions that recommend the use of prewash detergent for the normal
cycle, normally soiled loads, or for water hardness between 0 and 85
ppm. Additionally, if manufacturer instructions lead to the use of the
prewash detergent requirements, the prewash detergent is placed as
instructed by the manufacturer or, if no instructions are provided, the
prewash detergent is placed on the inner door near the detergent cup.
---------------------------------------------------------------------------

\21\ As discussed, the detergent dosage for appendix C1 is based
on measurements of the prewash fill water volume, if any, and the
main wash fill water volume measured during the second
preconditioning cycle.
---------------------------------------------------------------------------

DOE performed preliminary investigative testing on four standard
dishwashers to compare the energy and water consumption results when
using (1) the current detergent (Cascade with the Grease Fighting Power
of Dawn) with the current dosage method; (2) the new detergent (Cascade
Complete Powder) with the current dosage method; and (3) the new
detergent with the new dosage method. Table III-2 presents the
detergent quantities for each of the three investigative tests for the
four units. Table III-3 presents the measured water consumption and
estimated annual energy use for these four units when tested according
to the three scenarios.

[[Page 72753]]

Table III-2--Detergent Dosage (in Grams) for Each Investigative Test
----------------------------------------------------------------------------------------------------------------
Appendix C1 New detergent with current New detergent with new
---------------------------- dosage dosage
-------------------------------------------------------
Test unit Prewash Main wash Prewash Main wash Prewash Main wash
detergent detergent detergent detergent detergent detergent
(g) (g) (g) (g) (g) (g)
----------------------------------------------------------------------------------------------------------------
1........................... 0 10.5 0 10.5 7.2 7.2
2........................... 0 12.5 0 13 0 7.2
3........................... 0 105 0 11 0 7.2
4........................... 11 11 11 11 7.2 7.2
----------------------------------------------------------------------------------------------------------------

Table III-3--Measured Water Consumption and Estimated Annual Energy Use for Each Investigative Test
----------------------------------------------------------------------------------------------------------------
Appendix C1 New detergent with current New detergent with new
---------------------------- dosage dosage
Test unit -------------------------------------------------------
Water (gal/ EAEU (kWh/ Water (gal/ EAEU (kWh/ Water (gal/ EAEU (kWh/
cycle) year) cycle) year) cycle) year)
----------------------------------------------------------------------------------------------------------------
1........................... 2.3 211 2.4 204 2.5 204
2........................... 3.1 257 3.3 256 3.3 261
3........................... 3.2 269 3.2 265 3.1 274
4........................... 3.4 273 5.9 357 3.9 301
----------------------------------------------------------------------------------------------------------------

Table III-3 indicates that for test units 1, 2, and 3, the water
consumption among the three tests varied within a range of 0.1-0.2 gal/
cycle. For unit 4, the ``Appendix C1'' test and the ``New Detergent
with New Dosage'' test yielded equivalent water consumption values;
however, the water consumption of the ``New Detergent with Current
Dosage'' test was 2.5 gal/cycle higher, an increase of 73 percent over
the other two tests. Similar percentage differences were observed for
EAEU among the three tests. Given the small sample size of only 4 test
units, DOE believes that additional testing would be required to
determine whether the observed variation in results is due to the
change in detergent and dosage, or whether it could be attributed to
unrelated differences in the sensor response of these soil-sensing
dishwashers, or other factors.
Given the uncertainty about whether the new detergent and dosing
requirements would impact the energy and water consumption of
dishwashers, DOE proposes that both the current detergent and dosage
requirement as well as the new detergent and new dosage requirement
would be allowable to use for testing according to appendix C1. By
maintaining the use of the current detergent and dosing requirements,
manufacturers would not be required to re-test currently certified
dishwashers. Because DOE is proposing the detergent type and dosage
specifications in AHAM DW-1-2020 in addition to the current
requirements, this proposal would not require the re-rating or re-
certification of dishwashers currently on the market. Additionally,
permitting the optional use of the detergent and dosing specifications
in AHAM DW-1-2020 would avoid the need for manufacturers to request
test procedure waivers should the currently required detergent become
unavailable and would harmonize with current industry practice.
For the new appendix C2, which would be required at the time
compliance is required with updated energy and water conservation
standards, DOE proposes to specify only the new detergent and dosage
requirements from AHAM DW-1-2020.
The current dosage requirements specify detergent dosage based on
water volume, which requires distinguishing the water used in the pre-
wash from the water used in the main wash. DOE has observed, and
stakeholders have also expressed, that uncertainty in differentiating
the pre-wash and main wash cycles to estimate detergent dosage could be
a potential source of test variation. As stated, the new detergent
dosage is based on the number of place settings rather than measurement
of pre-wash and main wash water volumes, potentially providing more
consistent dosing. More consistent dosing would improve the
repeatability and reproducibility of the results. Additionally, the new
dosage would reduce test burden since it would eliminate the need to
identify, isolate, and calculate the pre-wash and main wash water
volumes.
DOE requests comment on its proposal to adopt in appendix C1 the
new detergent and new dosage requirements as specified in AHAM DW-1-
2020, while also retaining the current detergent and dosage
requirements in appendix C1. The use of either set of detergent
requirements would be allowable for testing under appendix C1. DOE also
requests comment on the detergent currently being used by manufacturers
and test laboratories for testing and certification of dishwashers.
If stakeholder comments indicate that the currently specified
detergent, Cascade with the Grease Fighting Power of Dawn, is no longer
being used by manufacturers, DOE may instead consider including only
the new detergent, Cascade Complete Powder, and dosage requirements
from AHAM DW-1-2020 in appendix C1, rather than allowing both the
current and new detergent and dosage requirements.
DOE also welcomes comments and data on the impact of the new
detergent and dosage on energy and water use.
6. Rinse Aid
Section 2.1 of appendix C1 currently requires that testing be
conducted without the use of rinse aid, and that any rinse aid
reservoirs remain empty for testing.
In the August 2019 RFI, DOE noted that a standard from IEC, IEC
60436: ``Electric Dishwashers for Household Use--Methods for Measuring
the Performance'' (``IEC 60436'') specifies the use of rinse aid during
testing. 84 FR 43071, 43077. IEC 60436 requires the use of a standard
rinse aid formulation rather than a commercially marketed brand. DOE
sought information from stakeholders on consumer use of rinse

[[Page 72754]]

aid, and on whether the use of rinse aid had any effect on measured
energy and water consumption. Id.
AHAM commented that rinse aid does not impact energy and water use.
AHAM further commented that IEC 60436 specifies use of rinse aid
because there is a performance element to that test. As such, AHAM did
not support a proposal to add a rinse aid requirement or a need to
collect consumer data on rinse aid usage. (AHAM, No. 5 at p. 7)
Based on these comments, and the lack of data regarding the effect
of rinse aid on measured energy and water usage and consumer usage of
it, DOE maintains its conclusions from past rulemakings that the test
procedure should preclude the use of rinse aid, and that the rinse aid
container should remain empty during testing. 68 FR 51887, 51891.
Adding a rinse aid requirement would increase test burden without
information indicating that it would improve the representativeness of
the test results, and it could potentially cause variation in test
results. For these reasons, DOE is not proposing a rinse aid
requirement in appendix C1 or the new appendix C2, which is consistent
with the specifications in AHAM DW-1-2020 that DOE proposes to
reference in this NOPR.
7. Water Softener Regeneration Cycles
In the October 2012 final rule, DOE adopted a method for measuring
the energy consumed during regeneration cycles for water softeners
built into certain residential dishwashers. 77 FR 65942, 65960. The
adopted approach relies on manufacturer-reported values for the energy
and water use for each regeneration cycle and the number of annual
regeneration cycles. Id. The current calculations for water softener
regeneration cycles are provided in Sections 5.1.3, 5.4.3, 5.5.1.2,
5.5.2.2, 5.6.1.2, and 5.6.2.2 of appendix C1. In the August 2019 RFI,
DOE requested comment on whether any dishwasher had a water softener
regeneration cycle at every or nearly every cycle, and if any
additional instructions should be specified in appendix C1 to avoid
repeatedly accounting for the water and energy use during water
softener regeneration. 84 FR 43071, 43077.
DOE did not receive any comment regarding the energy and water use
during water softener regeneration cycles, and thus does not propose
any changes in this NOPR with regards to water softener regeneration
cycles, aside from maintaining the associated definitions and
calculations specified in AHAM DW-1-2020.
8. Water Re-Use System
On November 1, 2013, DOE published a Decision and Order (``November
2013 Decision and Order'') granting Whirlpool a test procedure waiver
(``Whirlpool waiver'') for testing specified basic models equipped with
a ``water use system,'' in which water from the final rinse cycle is
stored for use in the subsequent cycle, with periodic draining (``drain
out'') and cleaning (``clean out'') events. 78 FR 65629 (Case No. DW-
11).\22\ Whirlpool is required to test the basic model specified in the
November 2013 Decision and Order using appendix C1, with the following
modifications:
---------------------------------------------------------------------------

\22\ All materials regarding the Whirlpool waiver are available
in docket EERE-2013-BT-WAV-0042 at <a href="http://www.regulations.gov">www.regulations.gov</a>.

(1) ``Water use system'' water and energy consumption shall be
accounted for during dishwasher water and energy measurement and
reporting, subject to the following:
(2) For ``drain out'' events, constant values of 0.072 gallons
per cycle and 2.6 kWh/year shall be added to values measured by
appendix C1.
(3) For ``clean out'' events, constant values of 0.071 gallons
per cycle and 10.3 kWh/year shall also be added to values measured
by appendix C1.
(4) To calculate the detergent quantity for testing, a constant
value of 0.91 gallons for the water fill amount shall be used,
representing both saved water fill and house supply water fill.
(5) If a ``drain out'' or ``clean out'' event occurs during
testing, any results from that use of the test procedure shall be
disregarded. Disconnect and reconnect power to the dishwasher, then
restart the test procedure.
(6) To detect a ``drain out'' event, measure the water volume
supplied during the first fill. A cycle shall be considered to have
a ``drain out'' event if the first fill uses approximately 1 gallon
from the water supply. Without a ``drain out'' event, the first fill
would use approximately 0.11 gallons from the water supply.
(7) To detect a ``clean out'' event, monitor the temperature of
the sump water using an additional temperature measuring device. The
device shall be placed inside the sump in an area such that the
device will always be submerged in water and will not interfere with
the operation of the dishwasher. A cycle shall be considered to have
a ``clean out'' event if the temperature of the sump water during
wash and rinse portions of the cycle reaches 150 [deg]F. Without a
``clean out'' event, the highest sump water temperatures would reach
approximately 140 [deg]F.

78 FR 65629, 65631.
In the August 2019 RFI, DOE requested feedback on whether the test
procedure waiver provisions were generally appropriate for testing
basic models with the same attributes as those subject to the November
2013 Decision and Order. 84 FR 43071, 43078.
In response, both GEA and AHAM supported incorporating the
provisions of the Whirlpool waiver into appendix C1. (AHAM, No. 5 at p.
9; GE, No. 10 at p. 2) Subsequently, AHAM published the AHAM DW-1-2020
standard, which includes provisions for testing water re-use system
dishwashers. Specifically, Sections 1.3, 1.9, and 1.29 of AHAM DW-1-
2020 include definitions for a clean out event, drain out event, and
water re-use system dishwasher, respectively. These definitions are
consistent with those specified in the November 2013 Decision and Order
granted in November 2013. AHAM DW-1-2020 also specifies the detergent
dosing requirements, methods to measure the energy and water
consumption of water re-use system dishwashers, including detection of
drain out and clean out events, and calculations for energy and water
consumption. Sections 2.10.2, 4.1.3, 5.1.4, 5.15, 5.4.4, 5.4.5,
5.5.1.3, 5.5.1.4, 5.5.2.3, 5.5.2.4, 5.6.1.3, 5.6.1.4, 5.6.2.3, and
5.6.2.4 of AHAM DW-1-2020. All of these requirements are consistent
with the alternate test procedure specified in the November 2013
Decision and Order granting the waiver to Whirlpool for water re-use
systems, except for the specified water energy consumption equations in
Sections 5.6.1.3, 5.6.1.4, 5.6.2.3, and 5.6.2.4, which use an incorrect
constant.\23\
---------------------------------------------------------------------------

\23\ The equations in the noted sections improperly use the
constant K = specified heat of water in kWh per gal per [ordm]F,
instead of C/e, where C = specific heat of water in Btu's per gal
per [deg]F, and e = nominal gas or oil water heater recovery
efficiency.
---------------------------------------------------------------------------

As soon as practicable after the granting of any waiver, DOE is
required to publish in the Federal Register a notice of proposed
rulemaking to amend its regulations so as to eliminate any need for the
continuation of such waiver. 10 CFR 430.27(l). As soon thereafter as
practicable, DOE will publish in the Federal Register a final rule. Id.
Since AHAM DW-1-2020 includes the language from the Whirlpool waiver,
DOE proposes to reference these requirements in appendix C1 and the new
appendix C2, with added modifications to the equations in Sections
5.6.1.3, 5.6.1.4, 5.6.2.3, and 5.6.2.4 of AHAM DW-1-2020.
DOE requests comment on its proposal to reference in appendix C1
and the new appendix C2 the testing provisions from AHAM DW-1-2020 to
address the Whirlpool waiver for water re-use system dishwashers.

G. Cleaning Performance

EPCA requires DOE to establish test procedures that are reasonably
designed

[[Page 72755]]

to produce test results that measure energy efficiency, energy use,
water use (for certain products), or estimated annual operating cost of
a covered product during a representative average use cycle or period
of use, as determined by the Secretary, and shall not be unduly
burdensome to conduct. (42 U.S.C. 6293(b)(3)) DOE's test procedure for
dishwashers identifies the ``normal cycle'' as the cycle representative
of consumer use, defines the term ``normal cycle,'' requires testing
using the ``normal cycle,'' and compliance with the applicable
standards is determined based on the measured energy and water use of
the ``normal cycle.'' 10 CFR 430.23(c) and 10 CFR 430 subpart B
appendix C1. The ``normal cycle'' is defined as 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 feature. If no cycle or more than one cycle is recommended in
the manufacturer's instructions for daily, regular, or typical use to
completely wash a full load of normally soiled dishes, the most energy-
intensive of these cycles shall be considered the normal cycle. In the
absence of a manufacturer recommendation on washing and drying
temperature options, the highest energy consumption options must be
selected. Section 1.12 of appendix C1. As such, the existing test
procedure does not define what constitutes ``completely wash[ing]'' a
full load of normally soiled dishes (i.e., the cleaning performance).
For dishwashers, the cleaning performance at the completion of a
cycle influences how a consumer uses the product. If the cleanliness of
the dishware after completion of a cleaning cycle does not meet
consumer expectations, consumers may alter their use of the dishwasher.
For example, consumers may alter the use of the product by selecting a
cycle that consumes more energy and water to provide a higher level of
cleaning, operating the selected cycle multiple times, or pre-washing
the dishware before loading into the dishwasher to achieve an
acceptable level of cleaning. DOE received comment from Samsung
expressing concern in response to the August 2019 RFI, in which Samsung
stated that consumers unsatisfied with the cleaning performance of the
normal cycle may opt to select a different mode that could result in
increased energy consumption. (Samsung, No. 9 at p. 3) Thus, it is
possible that dishwashers exist on the market that are currently tested
by manufacturers using a ``normal cycle'' that does not ``completely
wash'' dishes.
In general, a consumer-acceptable level of cleaning performance
(i.e., a representative average use cycle) can be easier to achieve
through the use of higher amounts of energy and water use during the
dishwasher cycle.\24\ Conversely, maintaining acceptable cleaning
performance can be more difficult as energy and water levels are
reduced.\25\ Improving one aspect of dishwasher performance, such as
reducing energy and/or water use as a result of energy conservation
standards, may require a trade-off with one or more other aspects of
performance, such as cleaning performance. DOE expects, however, that
consumers maintain the same expectations of cleaning performance
regardless of the efficiency of the dishwasher. As the dishwasher
market continuously evolves to higher levels of efficiency--either as a
result of mandatory minimum standards or in response to voluntary
programs such as ENERGY STAR--it becomes increasingly more important
that DOE ensures that its test procedure continues to reflect
representative use. As such, the normal cycle that is used to test the
dishwasher for energy and water performance must be one that provides a
consumer-acceptable level of cleaning performance, even as efficiency
increases.
---------------------------------------------------------------------------

\24\ Higher energy use may provide increased thermal and
mechanical action for removing soils. Similarly, higher water use
may provide better rinsing performance by reducing the amount of
soil re-deposition on the dishware.
\25\ In the December 2014 NOPR that proposed amended energy and
water use standards for dishwashers, DOE noted that cleaning
performance could be maintained up to Efficiency Level 3, which was
defined as 234 kWh/yr and 3.1 gal/cycle. 79 FR 76141, 76165. In the
December 2016 Final Determination, DOE additionally noted that
manufacturers generally indicated that by using all available design
options to improve efficiency, they would likely be able to maintain
performance with a maximum energy consumption between 250 and 260
kWh/year and water consumption at 3.1 gal/cycle. 81 FR 90072, 90082.
---------------------------------------------------------------------------

In order for DOE's test procedure to more accurately and fully test
dishwashers during a representative average use cycle, DOE believes
that amending the test procedure to define what constitutes completely
washing a full load of normally soiled dishes (i.e., the cleaning
performance) will better represent consumer use of the product. As
such, DOE proposes additional direction for selecting the appropriate
test cycle, i.e., for determining whether the cycle ``can completely
wash a full load of normally soiled dishes.'' DOE is proposing to
include a cleaning index methodology and minimum threshold to validate
the selection of the test cycle in appendix C1 and the newly proposed
appendix C2.\26\ This proposal is discussed in detail in the following
sections.
---------------------------------------------------------------------------

\26\ This approach is analogous to the one used for clothes
dryers, in which the DOE test procedure at appendix D2 defines a
threshold dryness level for automatic cycle termination clothes
dryers as a condition for the test cycle to be valid. Specifically,
Section 3.3.2 of appendix D2 specifies that if the final moisture
content after completion of the drying cycle is greater than 2
percent, the test shall be invalid and a new run shall be conducted
using the highest dryness level setting.
---------------------------------------------------------------------------

This proposal is in line with comments DOE received in response to
the August 2019 RFI regarding the adoption of cleaning performance into
the test procedure. Samsung commented that the tested cycle (i.e., the
normal cycle) should perform at or above a minimum level of acceptable
functionality because some consumers may select test cycles other than
the default mode that perform better without recognizing the resulting
increase in the energy consumption of the dishwasher. (Samsung, No. 9
at p. 3) The CAIOUs commented that, while the test procedure is
representative of current energy and water consumption, they believe
there is merit in investigating a dishwasher cleaning performance test
method to ensure future consumer benefit. (CAIOUs, No. 7 at p. 2)
1. Cleaning Performance Test Method
DOE is proposing to adopt a cleaning performance test method that
will help determine if a dishwasher when tested according to the DOE
test procedure ``completely washes a normally soiled load of dishes,''
according to the representative consumer use. Specifically, DOE
proposes to include the cleaning performance evaluation setup,
procedures, and calculations that are specified in the ENERGY STAR
Cleaning Performance Test Method, which references ANSI/AHAM DW-1-2010,
in appendix C1 and newly proposed appendix C2.
In response to the August 2019 RFI, Samsung recommended that DOE
incorporate by reference the ENERGY STAR Cleaning Performance Test
Method in the dishwasher test procedure and adopt the minimum cleaning
index, as established for the ENERGY STAR Most-Efficient Program.
(Samsung, No. 9 at p. 3)
The ENERGY STAR Cleaning Performance Test Method specifies a
procedure to determine cleaning performance at the same test loads
described in the DOE test method. For soil-sensing dishwashers,
cleaning

[[Page 72756]]

performance is evaluated on the same cycles that are used to determine
energy and water consumption (i.e., the heavy, medium, and light soil
loads). (ENERGY STAR Cleaning Performance Test Method Section 5.1.B)
For non-soil-sensing dishwashers, cleaning performance is evaluated on
three additional cycles at the heavy, medium, and light soil loads that
are run immediately after the clean-load cycle that is used to
determine energy and water consumption. (ENERGY STAR Cleaning
Performance Test Method Section 5.1.C) Each test load item is
quantitatively evaluated for cleanliness under prescribed lighting
conditions referenced from ANSI/AHAM DW-1-2010. (ENERGY STAR Cleaning
Performance Test Method Section 4.B) Additionally, Section 5.2 of the
ENERGY STAR Test Method specifies the criteria to grade the load; it
references Section 5.10 of ANSI/AHAM DW-1-2010, which specifies the
following requirements: Each test load item receives a score based on
the number and size of soil particles that remain on the item following
the termination of a test cycle. Glassware items are additionally
evaluated for the number and size of remaining spots, streaks, and rack
contact marks. A score of 0 indicates a completely clean test load
item, and a single test load item cannot exceed a cumulative score of
9. The number of test items that receive each score is counted (i.e.,
number of items in the test load that receive a score of 0, 1, 2, . .
., 9) and the weighted average of these counts is subtracted from 100
to produce a final cleaning index for the test cycle. A score of 100
indicates perfect cleaning performance.
Accordingly, DOE proposes to include the requirements specified in
Sections 4(B), 5.2, and 5.3, of the ENERGY STAR Cleaning Performance
Test Method, as follows:
Section 4(B) of the ENERGY STAR Cleaning Performance Test Method
establishes the lighting requirements for the evaluation room for
scoring the test load, as specified in ANSI/AHAM DW-1-2010. These same
lighting requirements are also specified in Section 5.10 of AHAM DW-2-
2020; therefore, DOE proposes to reference Section 5.10 of AHAM DW-2-
2020 to specify the lighting requirements for the evaluation room.
Section 5.2 of the ENERGY STAR Cleaning Performance Test Method
establishes the scoring procedure to evaluate each dishware item in the
test load after completion of the test cycle, as specified in ANSI/AHAM
DW-1-2010. The scoring method is also specified in Section 5.10.1 of
AHAM DW-2-2020; therefore, DOE proposes to reference the scoring
requirements specified in AHAM DW-2-2020.
Section 5.3 of the ENERGY STAR Cleaning Performance Test Method
specifies the equation for calculating a cleaning index for each test
cycle, which is also specified in Section 5.12.3.2 of AHAM DW-2-2020;
therefore, DOE proposes to reference the calculation of cleaning index
for each test cycle from AHAM DW-2-2020.
DOE notes that the calculation to determine per-cycle cleaning
index is based on the individual score of each item such that dishware
and flatware are scored based on soil particles, while glassware are
scored based on soil particles as well as spots, streaks, and rack
contact marks. DOE further notes that AHAM DW-2-2020 provides two
separate equations for calculating the total cleaning index for one
test run. The equation in Section 5.12.3.1 of AHAM DW-2-2020 specifies
a soil-only cleaning index, which is calculated using the scores of
each test load item (including glassware) based only on soil particles.
Section 5.12.3.2 of AHAM DW-2-2020 uses the same equation as that in
the ENERGY STAR Cleaning Performance Test Method (and ANSI/AHAM DW-1-
2010), and defines the total cleaning index calculation using the
scores of dishware and flatware cleaning performance based on soil
particles and glassware based on soil particles as well as spots,
streaks, and rack contact marks. DOE is proposing to reference Section
5.12.3.2 of AHAM DW-2-2020 to calculate the total cleaning index of a
cycle because DOE expects that consumers would evaluate the cleanliness
of their load items at the completion of a cycle . DOE requests
feedback on whether it should consider referencing Section 5.12.3.1 of
AHAM DW-2-2020 instead, which would calculate the cleaning index based
on soil particles only. If DOE were to calculate the cleaning index
using soil particles only, it would reevaluate the per-cycle cleaning
index threshold value (discussed further in Section III.G.2 of this
document) to reflect this change. DOE requests stakeholder feedback on
an appropriate threshold to consider.
DOE requests feedback on the proposed methodology to test, score,
and calculate a cleaning index to validate the tested cycle and seeks
comment if other methodologies should be considered for validating the
cleaning performance of the tested cycle.
DOE requests feedback on whether it should consider referencing
Section 5.12.3.1 of AHAM DW-2-2020 to measure cleaning performance,
which would calculate the cleaning index based on soil particles only.
DOE notes that if it were to calculate cleaning index using soil
particles only, it would reevaluate the per-cycle cleaning index
threshold value to reflect this change.
2. Cleaning Index Threshold
In response to the August 2019 RFI, Samsung commented that DOE
should use the ENERGY STAR Most-Efficient cleaning index threshold when
establishing the standard for dishwashers in the future standards
rulemaking. (Samsung, No. 9 at p. 3)
In this NOPR, DOE proposes to provide direction in the test
procedure as to what constitutes whether a cycle under test can
completely wash a full load of normally soiled dishes, by establishing
a minimum cleaning index threshold as a condition for each individual
test cycle to be valid. The threshold is intended to represent a level
of cleaning such that if the dishwasher did not meet this threshold
after operating in the ``normal cycle,'' the consumer would be expected
to operate the dishwasher using a more energy-intensive cycle than the
``normal cycle.'' Specifically, DOE proposes that if the normal cycle
at a particular soil level (i.e., heavy, medium, or light) does not
achieve the defined cleaning index threshold, that soil level (i.e.,
heavy, medium, or light) would need to be re-tested using the most
energy-intensive cycle (to be determined using the proposed methodology
discussed in Section III.G.4 of this document) that achieves the
defined cleaning index threshold. The data from the most energy-
intensive cycle would be used to represent that soil level in the
downstream calculations.
To determine an appropriate threshold value, DOE aggregated
confidential consumer cycle selection data provided by industry for
this NOPR, and considered past consumer comments and test data
collected in support of the October 2020 Final Rule.\27\
---------------------------------------------------------------------------

\27\ See Dishwasher NODA Test Data (5-21-20), available at:
<a href="http://www.regulations.gov/document/EERE-2018-BT-STD-0005-3213">www.regulations.gov/document/EERE-2018-BT-STD-0005-3213</a>.
---------------------------------------------------------------------------

DOE understands general consumer satisfaction as a fundamental
characteristic of a functioning market, and that consumers are largely
satisfied with the performance of dishwashers currently on the market.
However, based on Samsung's comments discussed in Section III.G of this
document as well as qualitative comments that DOE received during the
rulemaking that culminated in the October 2020 Final Rule, DOE

[[Page 72757]]

recognizes that the cleaning performance of the normal cycle may not
always meet consumer expectations of cleaning performance. (See for
example: Toronto, EERE-2018-BT-STD-0005, No. 2304 at p. 1; Carley,
EERE-2018-BT-STD-0005, No. 2950 at p. 1; Bruggeman, EERE-2018-BT-STD-
0005, No. 3038 at p. 1; etc.) Further, confidential data submitted by
manufacturers indicate, in the aggregate, that roughly 25-45 percent of
all dishwasher cycles are conducted on a cycle other than the normal
cycle. DOE recognizes that among these other selected cycles, some
would be expected to be less energy intensive than the normal cycle
(e.g., a glassware cycle), while others would be expected to be more
energy intensive than the normal cycle (e.g., a pots and pans cycle).
The data provided by manufacturers do not indicate which types of
cycles comprise the percentage of cycles not conducted on the normal
cycle. In lieu of additional details regarding the dataset, DOE has
proceeded under the assumption that either option (selecting a more
energy-intensive or less energy-intensive alternate cycle) is equally
as likely. Accordingly, DOE estimates that one-half (i.e., 12 to 23
percent) of cycles not conducted on the normal cycle are instead
conducted on a cycle that is more energy intensive than the normal
cycle.
Since DOE expects that consumers unsatisfied with the cleaning
performance of the normal cycle would select alternate cycles that are
more energy-intensive to achieve better cleaning results, the cycle
selection data serves as a reasonable proxy for consumer acceptance of
the cleaning performance of the normal cycle. To identify an
appropriate cleaning index threshold, DOE sought to select a cleaning
index value that aligned with the cycle selection data. That is, DOE
sought to identify the cleaning index value that was achieved between
77 to 88 percent of the time when a dishwasher was operated on the
normal cycle, indicating that the remaining 12 to 23 percent of the
time the cleaning performance on the normal cycle would be worse and
thus would result in consumers selecting more energy-intensive cycles.
DOE evaluated the cleaning indices measured for the heavy, medium, and
light soil load cycles as defined in the DOE dishwasher test procedure,
using the market-representative dishwasher test sample from the October
2020 Final Rule.\28\ Using these data, DOE plotted the rate at which
test cycles would achieve each potential cleaning index threshold level
(in increments of 5 on the Cleaning Index scale). Figure III.1 shows
the percentage of each of the soil test cycles that meet the threshold
at each potential threshold level among all the units in the test
sample. The proposed threshold level of 65 is indicated by the dashed
line and is described further as follows.
---------------------------------------------------------------------------

\28\ The test sample consisted of 31 units spanning 13 brands.
The units selected for testing represented over 95 percent of
dishwasher manufacturers and were broadly representative of the
current dishwasher market. 85 FR 68723, 68724.
[GRAPHIC] [TIFF OMITTED] TP22DE21.003

In determining a threshold, DOE seeks to establish a level that
ensures the tested cycle produces test results, which measure energy
use and water use of the dishwasher during a representative average use
cycle. Establishing a threshold level that is ``too high'' would
indicate that a substantial number of dishwasher cycles performed by
consumers do not meet consumer expectations for cleaning performance on
the normal cycle, which would not

[[Page 72758]]

appropriately reflect general consumer usage of the normal cycle.
Whereas, establishing a threshold that is ``too low'' would not
appropriately reflect the percentage of cycles for which consumers are
likely to select a more energy-intensive cycle to achieve better
cleaning performance than can be achieved on the normal cycle.
DOE used the data presented in Figure III.1 and the consumer usage
weighting factors specified in appendix C1 (and proposed to be retained
in appendix C1 and the newly proposed appendix C2) for the heavy
(0.05), medium (0.33), and light (0.62) soil loads to calculate the
percentage of cycles that would need to be tested at a more energy-
intensive cycle than the normal cycle (i.e., the percentage of cycles
that would not meet the threshold at each point).\29\ The percentage of
cycles that would need to be tested at a more energy-intensive cycle
than the normal cycle is shown in Figure III.2, along with the range
for the percentage of cycles that would operate on a more energy-
intensive cycle than the normal cycle as estimated from industry data.
---------------------------------------------------------------------------

\29\ Percent of cycles likely to be operated on a more energy-
intensive cycle than the normal cycle calculated as (100 percent -
percentage of cycles meeting the threshold level at each point).
[GRAPHIC] [TIFF OMITTED] TP22DE21.004

Based on the results in Figure III.1 and Figure III.2, DOE proposes
establishing a minimum cleaning index of 65 as the threshold level for
a test cycle to be valid. At a cleaning index of 65, the percentage of
test cycles at each soil level that would achieve the minimum cleaning
index threshold is 97 percent for lightly soiled loads, 65 percent for
medium soiled loads, and 58 percent for heavily soiled loads. On a
weighted-average basis, the measured normal test cycles would reach the
threshold cleaning index of 65 approximately 84 percent of the time
(i.e., 16 percent of cycles would not meet the threshold, as shown in
Figure III.2).\30\ The 16-percent rate--representing the overall
percentage of cycles that would need to be tested using the most
energy-intensive cycle--would align with DOE's estimate of roughly 12
to 23 percent of cycles being operated using a more energy-intensive
cycle than the normal cycle.
---------------------------------------------------------------------------

\30\ DOE estimates the overall rate as a weighted average of the
rate at each soil load times the frequency of consumer usage of each
soil load; i.e., (97 percent lightly soiled x 0.62) + (65 percent x
0.33) + (58 percent x 0.05) = 84 percent overall rate that meets a
threshold of 65. Therefore, 16 percent of cycles would not meet the
threshold of 65.
---------------------------------------------------------------------------

DOE also considered other cleaning index threshold values, such as
70, which would align with the ENERGY STAR Most-Efficient criteria, and
values below 65. However, for a cleaning index threshold of 70, 22
percent of the cycles would need to be tested at the most energy-
intensive cycle, which is close to the upper bound of DOE's estimated
threshold (i.e., 23 percent) for the percentage of cycles that would
likely be tested at a more energy-intensive cycle compared to the
normal cycle. At a cleaning index threshold of 60, only 10 percent of
cycles would need to be tested at the most energy-intensive cycle,
which is outside the representative range estimated by DOE from
industry-supplied data. While the percentage of cycles estimated to
operate at the most energy-intensive cycle to meet a cleaning index
threshold of 70 is within the range of cycles that DOE estimates are
conducted on a more energy-intensive cycle than the normal cycle, DOE
is proposing a cleaning index threshold of 65 because it is closer to
the mid-point of the range of 12 to 23 percent of cycles that are
likely

[[Page 72759]]

to be tested on a more energy-intensive cycle compared to the normal
cycle. However, if stakeholder feedback indicates that a cleaning index
threshold of 70 is appropriate, DOE will consider establishing 70 as
the cleaning index threshold value for a test cycle to be considered
valid.
DOE proposes to specify the same cleaning index threshold value for
all tested soil loads because it does not have information to suggest
that consumer expectations for the cleaning performance of the load at
the end of the cycle differ based on the initial soil load of the
dishware.
DOE requests feedback on the proposed cleaning index threshold
value of 65 for each test cycle or whether it should consider a
threshold value of 70 instead.
DOE requests additional data on consumer dishwasher cycle
selections. In particular, DOE requests data indicating the frequency
with which consumers select the normal cycle; and, for cycles not
conducted on the normal cycle, the frequency with which a more energy-
intensive cycle is selected.
DOE also requests additional data on how frequently consumers are
dissatisfied with the cleaning performance of the normal cycle as well
as the actions, and the frequency of each action, that consumers would
take if the load is not satisfactorily clean.
3. Validation of the Test Cycle
Similar to the ENERGY STAR Cleaning Performance Test Method, DOE
proposes that the cleaning index of the test cycles be determined for
the same test cycles required for the energy and water tests for both
soil-sensing and non-soil-sensing dishwashers. The following paragraphs
discuss specific details regarding implementation of this proposal for
soil-sensing and non-soil-sensing dishwashers, respectively.
For soil-sensing dishwashers, Section 2.6.3 of appendix C1
specifies that the normal cycle shall be tested first for the sensor
heavy response, then for the sensor medium response, and finally for
the sensor light response, using a defined combination of soiled and
clean test load items for each test cycle. DOE proposes maintaining
this test sequence, which is also specified in Section 2.6.3 of AHAM
DW-1-2020. As discussed, DOE proposes that each of the sensor heavy,
medium, and light response test cycles would be required to achieve a
cleaning index of 65 or greater to constitute a valid cycle. If a test
cycle at a particular soil level does not achieve the defined cleaning
index threshold, that soil level would need to be re-tested using the
most energy-intensive cycle (to be determined using the proposed
methodology discussed in Section III.G.4 of this document) that
achieves a cleaning index threshold of 65 or greater. For the soil
level under consideration, the test results from the most energy-
intensive valid cycle that achieves a cleaning index threshold of 65 or
greater would be used in the calculation of EAOC, EAEU, and per-cycle
water consumption.
In the event that a test cycle at a particular soil level does not
achieve the defined cleaning index threshold, DOE proposes that the
filter should be cleaned prior to testing the soil level at the most
energy-intensive cycle that achieves a cleaning index of 65 or greater.
Cleaning the filter before transitioning from the normal cycle to the
specified most energy-intensive cycle at a given soil load would ensure
that residual particles from the normal cycle test run do not impact
the cleaning performance evaluation for that most energy-intensive
cycle. It would also promote repeatability and reproducibility of the
test results when testing according to the proposed amendments (in
which the sequence of test cycles may requiring switching from the
normal cycle to a different program cycle).
Non-soil-sensing dishwashers are currently tested with a clean
(i.e., unsoiled) test load. Under the proposal that a test cycle would
be considered valid if its cleaning index threshold is 65 or greater,
DOE proposes that non-soil-sensing dishwashers must be tested instead
with a soiled load. Specifically, for non-soil-sensing dishwashers, DOE
proposes incorporating the same procedure for evaluating the validity
of the normal cycle and, if necessary, testing the most energy-
intensive cycle that achieves a cleaning index threshold of 65 or
greater, as proposed for soil-sensing dishwashers. The same equations
specified for soil-sensing dishwashers in Section 5 of appendix C1 and
newly proposed appendix C2, Calculations of Derived Results from Test
Measurements, would apply to non-soil-sensing dishwashers. The proposed
test procedure would specify testing the heavy, medium, and light soil
levels, in that sequence.
Since non-soil-sensing dishwashers consume a fixed amount of water
and energy independent of the amount of soil present in the test load,
it is assumed that if the normal cycle obtains a cleaning index of 65
or greater at a given soil load (e.g., for the sensor heavy response
test), that the normal cycle would also achieve the cleaning index
threshold for any lesser soil loads (e.g., the sensor medium and sensor
light response tests). Therefore, if a tested soil load for a non-soil-
sensing dishwasher meets the defined threshold criteria when tested on
the normal cycle, no additional testing would be required of cycles
with lesser soil loads. If a non-soil-sensing dishwasher is not tested
at a certain soil load because the preceding heavier soil load(s) meets
the cleaning index threshold on the normal cycle, the energy and water
consumption values of the preceding soil load would be used to
calculate the weighted-average energy and water consumption values. For
example, if the sensor medium response and sensor light response tests
on the normal cycle are not conducted, the values of the sensor heavy
response test on the normal cycle would be used for all three soil
loads; whereas, if only the sensor light response test is not
conducted, the values of the sensor medium response test on the normal
cycle would be used for the sensor medium and the sensor light response
tests.
DOE could also consider other potential methods to validate that
the measured energy and water consumption of dishwashers is
representative of consumer use. For example, the test procedure could
define an energy ``adder'' or multiplicative factor that would be
applied to the energy and water consumption values for any test cycle
that does not meet the defined cleaning index threshold (e.g., DOE
could specify a constant adder that could be included to the measured
energy consumption of a cycle that does not meet the cleaning index
threshold). Such adder or multiplicative factor would compensate for
the additional energy and water needed to achieve a consumer-accepted
level of cleaning. This example approach would eliminate the need to
run additional test cycles, thereby mitigating test burden.
As discussed at the beginning of Section III.G of this document,
the representative average use of a dishwasher is represented in DOE's
test procedure by the normal cycle. The normal cycle definition
includes the phrase ``completely wash a full load of normally soiled
dishes.'' See 10 CFR part 430 subpart B appendix C1. The discussion in
Sections III.G.1-3 of this document illustrates that it is likely that
dishwashers exist that are testing using the ``normal cycle,'' but are
not ``completely washing'' dishes, leading consumers to pre-rinse and
use additional cycles, etc. Thus, the testing of those dishwashers is
not representative of energy use, energy efficiency, and water use
during a representative average use cycle. In

[[Page 72760]]

order to ensure that the testing of all dishwashers more accurately
measures energy and water use during representative consumer use (i.e.,
completely washing a normally soiled load of dishes), DOE is proposing
to adopt a cleaning performance threshold.
Further, under 42 U.S.C. 6293(e)(1), DOE is required to determine
whether an amended test procedure will alter the measured energy use of
any covered product. If an amended test procedure does alter measured
energy use, DOE is required to make a corresponding adjustment to the
applicable energy conservation standard to ensure that minimally-
compliant covered products remain compliant. (42 U.S.C. 6293(e)(2)) The
measured energy use of certain dishwashers could change if a more-
energy intensive cycle is required to verify that a dishwasher model
completely washes a normally soiled load of dishes (i.e., dishwashers
for which the cycle recommended in the manufacturer's instructions for
daily, regular, or typical use to completely wash a full load of
normally soiled dishes does not completely wash a full load of normally
soiled dishes). However, DOE does not expect that this proposal would
impact the measured energy of dishwasher models for which the normal
cycle completely washes a full load of normally soiled dishes as
required by the current DOE test procedure. Further, DOE does not
expect that this proposal would impact minimally compliant models. As
discussed in the December 2016 Final Determination, DOE relied on
cleaning performance data from the ENERGY STAR Cleaning Performance
Test Method, which showed that cleaning performance began to drop off
at energy and water consumptions below Efficiency Level 3 (255kWh/year
and 3.1 gal/cycle). 81 FR 90072, 90082. Additionally, testing conducted
in support of the October 2020 Final Rule included two minimally-
compliant units, both of which exceeded the proposed cleaning index
threshold of 65 at each of the three soil loads on the normal cycle. As
such, DOE expects that manufacturers would likely be able to maintain
cleaning performance, up to a score of 70, with a maximum energy
consumption between 250 and 260 kWh/year and water consumption at 3.1
gal/cycle. DOE has tentatively determined that this proposal would not
require an adjustment to the energy conservation standard for
dishwashers to ensure that minimally-compliant dishwashers remain
compliant.
DOE requests feedback on its proposed approach to ensure that the
test procedure produces test results which measure energy use and water
use during a representative average use cycle.
DOE requests comment on its proposal that, if a test cycle at a
particular soil level is re-tested using the most energy-intensive
cycle, the filter should be cleaned prior to testing the soil level at
the most energy-intensive cycle.
DOE requests feedback on its proposal to require testing non-soil-
sensing dishwashers using a soiled load for the purpose of being able
to evaluate the cleaning index of each tested cycle.
DOE requests comment on its proposed approach for non-soil-sensing
dishwashers; particularly that if a tested soil load meets the defined
threshold criteria when tested on the normal cycle, no additional
testing is required of cycles with lesser soil loads.
DOE requests comment and data on the test cycles currently selected
by manufacturers for rating the energy and water use of dishwashers
compared to the test cycles that would be selected under the proposed
cleaning index threshold of 65 as a condition for a valid test cycle.
In particular, DOE requests data on the extent to which manufacturers
would need to test a more-energy intensive cycle, or redefine the
normal cycle, to meet the proposed cleaning index threshold of 65.
DOE requests information on other potential methods to validate
that the measured energy and water consumption of dishwashers is
representative of consumer use, such as the example approaches of
applying an ``adder'' or multiplicative factor to the energy and water
consumption values for any test cycles that do not achieve the defined
cleaning index threshold. If stakeholders recommend such an approach,
DOE requests data and information that could be used to determine this
factor.
DOE requests comment and related supporting data on whether this
proposal would result in an altered measured energy use for dishwashers
that are currently minimally-compliant with the existing energy
conservation standards for dishwashers.
DOE notes that compact dishwashers that are non-soil-sensing are
currently tested at the manufacturer-stated capacity, if the capacity
of the dishwasher is less than eight place settings. Section 2.6.2 of
appendix C1. Under the proposal to test non-soil-sensing dishwashers
with a soiled load, the instructions specify that compact dishwashers
must be tested using four place settings plus six serving pieces, and
that some of the place settings are soiled for the different soiled
loads. However, DOE is aware that the rated capacity of some compact,
non-soil-sensing dishwashers is less than four place settings (e.g.,
the basic models for which CNA and FOTILE submitted waiver petitions
and discussed in Sections III.D.5 and III.D.6, respectively, of this
document). For such dishwashers, as well as any soil-sensing compact
dishwashers that have a rated capacity of less than four place
settings, DOE proposes the following requirements for soiling the test
load:
<bullet> Heavy soil load: Soil two-thirds of the place settings,
excluding flatware and serving pieces (rounded up to the nearest
integer) or one place setting, whichever is greater;
<bullet> Medium soil load: Soil one-quarter of the place settings,
excluding flatware and serving pieces (rounded up to the nearest
integer) or one place setting, whichever is smaller;
<bullet> Light soil load: Soil one-quarter of the place settings,
excluding flatware and serving pieces (rounded up to the nearest
integer) or one place setting, whichever is smaller, using half the
quantity of soils specified for one place setting.
DOE requests comment on whether the soil loads proposed for compact
dishwashers that have a capacity of less than four place settings is
appropriate. If stakeholders recommend different quantity of soils for
such dishwashers, DOE requests feedback on the soil level that should
be used for such small capacity dishwashers.
4. Determining the Most Energy-Intensive Cycle
To determine the most energy-intensive cycle that achieves a
cleaning index of 65 or greater for a given soil load, if the normal
cycle does not achieve this threshold level, DOE proposes a new Section
4.1.1 in appendix C1 and newly proposed appendix C2 to provide
instructions for determining the most energy-intensive cycle type, to
be conducted only if required for this purpose. DOE proposes that the
most energy-intensive cycle would be determined by conducting a single
test cycle with a clean test load for each available cycle (e.g.,
Normal, Heavy Duty, Pots and Pans, etc.).
DOE also considered that the most energy-intensive cycle be
determined for each sensor response test cycle using the respective
soil load (i.e., the most energy-intensive sensor heavy response test
cycle would require testing each available cycle type with the heavy
soil load; the most energy-intensive sensor medium response and sensor
light response test cycles would be determined similarly). However, DOE
is

[[Page 72761]]

not proposing this approach due to the significant burden associated
with soiling the load and running the cycle for each available cycle
type at each potential soil level. If stakeholder comments indicate
that such an approach would be more representative to determine the
most energy-intensive cycle, DOE would consider it.
DOE also proposes that prior to running the clean load test to
determine the most energy-intensive cycle, the dishwasher filter should
be cleaned so that soil particles from any previous tests does not
affect the determination of the most energy-intensive cycle.
DOE requests feedback on its proposed methodology for determining
the most energy-intensive cycle. DOE also requests feedback on whether
it should consider determination of the most energy-intensive cycle for
sensor response test cycle using the respective soil load.
DOE requests feedback on its proposal to require cleaning of the
dishwasher filter prior to running the clean load test to determine the
most energy-intensive test cycle.

H. Standby Mode Test Method

1. Standby Power Measurement
Section 4.2 of appendix C1 provides instructions for measuring
standby mode and off mode power. These instructions do not currently
specify if the dishwasher door is to be open or closed when testing in
standby mode and off mode. In the August 2019 RFI, DOE requested
comment on whether testing with the door closed is representative of
energy use in standby mode or off mode during a representative average
use cycle or period of use (i.e., the door is closed when the
dishwasher is not in active mode). 84 FR 43071, 43077. Additionally,
DOE requested feedback on whether energy is consumed when the door is
open, and if so, whether the energy consumption with the door open is
significantly different from the energy consumed with the door closed.
Id.
AHAM commented that it was further investigating the inquiry about
whether standby testing with the door closed is representative of
energy use in standby mode and whether energy consumed with the door
open is significantly different than when the door is closed. (AHAM,
No. 5 at p. 7) The Joint Commenters recommended that the test procedure
specify that the door remain closed during standby and off mode power
testing. (Joint Commenters, No. 8 at p. 2) Both CEC and the CAIOUs
stated that DOE should specify that standby testing be conducted with
the door closed. (CEC, No. 6 at p. 2; CAIOUs, No. 7 at p. 3) CEC
further stated that, ``intuitively, most consumers will keep the
dishwasher door closed to prevent disruption of foot traffic patterns
in their kitchen.'' (CEC, No. 6 at p. 2) CEC reiterated that DOE should
fully specify the conditions under which measurements are to be made to
improve repeatability. (CEC, No. 6 at p. 2)
DOE reviewed recent models from different manufacturers and
observed that some newer models have LED lights inside the dishwasher
tub as well as other indicators either on the door or on the electronic
control panel that illuminate when the dishwasher door is open.
Additional energy use by any such lights and/or indicators could affect
the standby power consumption and the resulting EAEU measurement; for
example, a 1-watt increase in the standby power consumption could
impact the EAEU by up to 5 percent, i.e., conducting standby mode
testing with the dishwasher door open as compared to testing with the
door closed could result impact test results for EAEU by up to 5
percent if the lights consumed an additional 1 watt of power.
Section 4.2 of the new AHAM DW-1-2020 standard also includes
specific instructions for the door orientation during standby mode
testing. It specifies that the standby mode test must be conducted
after completing the last active mode test as part of the energy test
sequence. Thereafter, the dishwasher door must be opened and
immediately closed without changing the control panel settings used for
the active mode wash cycle and without disconnecting the electrical
supply to the dishwasher. Once the door is closed, the standby mode and
off mode measurements should begin.
DOE proposes to reference this requirement from AHAM DW-1-2020
regarding opening and closing the door prior to starting the standby
mode and off mode tests. DOE has initially concluded that performing
standby mode and off mode testing with the door closed is likely to be
most representative of average consumer use while also providing a
representative measurement, in particular noting CEC's comment that
most consumers will keep the dishwasher door closed to prevent
disruption of foot traffic patterns in their kitchen.
Based on DOE's interactions with test laboratories, dishwashers are
already tested with the door closed in standby mode. Therefore, DOE
does not expect any increase in costs to manufacturers from this
proposed update were it made final.
DOE requests input on its proposal to apply the standby mode and
off mode test requirements from Section 4.2 of AHAM DW-1-2020 to
appendix C1 and proposed new appendix C2.
2. Annual Combined Low-Power Mode Energy Consumption Calculation
Section 5.7 of appendix C1 specifies the method to calculate the
annual combined low-power mode energy consumption. The combined low-
power mode energy consumption includes the power consumption in
inactive mode \31\ and off mode,\32\ depending on whether a unit can
enter both of these modes or only one of these modes. To calculate the
annual low-power mode energy consumption, Section 5.7 of appendix C1
currently assigns 8,465 hours annually to low-power modes for units
that do not have a fan-only mode. For units that have a fan-only mode,
the annual hours assigned to low-power modes are calculated for each
individual unit based on the tested duration in active mode and fan-
only mode. Section 5.7 of appendix C1. That is, the combined low-power
annual hours for all available modes other than active mode,
S<INF>LP</INF>, is calculated as:
---------------------------------------------------------------------------

\31\ Inactive mode means a standby mode that facilitates the
activation of active mode by remote switch (including remote
control), internal sensor, or timer, or that provides continuous
status display. Section 1.10 of appendix C1.
\32\ Off mode means a mode in which the dishwasher is connected
to a mains power source and is not providing any active mode or
standby mode function, and where the mode may persist for an
indefinite time. An indicator that only shows the user that the
product is in the off position is included within the classification
of an off mode. Section 1.15 of appendix C1.

SLP = [H - {N x (L + LF){time} ] for dishwashers capable of operating
---------------------------------------------------------------------------
in fan-only mode; otherwise, SLP = 8,465

Where,

H = the total number of hours per year = 8,766 hours per year,
N = the representative average dishwasher use of 215 cycles per
year,
L = the average of the duration of the normal cycle and truncated
normal cycle, for non-soil-sensing dishwashers with a truncated
normal cycle; the duration of the normal cycle, for non-soil-sensing
dishwashers without a truncated normal cycle; the average duration
of the sensor light response, truncated sensor light response,
sensor medium response, truncated sensor medium response, sensor
heavy response, and truncated sensor heavy response, for soil-
sensing dishwashers with a truncated cycle option; the average
duration of the sensor light response, sensor medium response, and
sensor heavy response, for

[[Page 72762]]

soil-sensing dishwashers without a truncated cycle option, and
LF = the duration of the fan-only mode for the normal cycle for non-
soil-sensing dishwashers; the average duration of the fan-only mode
for sensor light response, sensor medium response, and sensor heavy
response for soil-sensing dishwashers. Section 5.7, appendix C1.

Section 5.7 of AHAM DW-1-2020 updated this calculation such that
the combined low-power annual hours, S<INF>LP</INF>, is a calculated
value for all units. That is, dishwashers that do not have a fan-only
mode would use the same equation to calculate S<INF>LP</INF> as
dishwashers that do have a fan-only mode. The only difference in
calculation of S<INF>LP</INF> for units without a fan-only mode is that
L<INF>F</INF> would be equal to 0 for such units.
DOE proposes to reference the annual low-power mode energy
consumption calculation specified in Section 5.7 of AHAM DW-1-2020,
which would also include the updated calculation method for combined
low-power annual hours, S<INF>LP</INF>. This approach would change the
hours assigned to low-power mode from 8,465 hours for dishwashers that
do not have a fan-only mode to a value that is dependent on the
duration of the normal cycle. Calculating the annual low-power mode
energy consumption utilizing the measured active mode duration for each
individual unit rather than assigning a constant value across all units
would provide a more representative result.
The proposed change to the combined low-power annual hours would
potentially impact the measured EAEU. DOE also notes that the current
energy conservation standard was developed using the method for
determining the combined low-power annual hours specified in appendix
C1. As such, DOE proposes that, if this proposal were adopted, this
change would go into effect in conjunction with any amended energy
conservation standards for dishwashers. Accordingly, DOE is proposing
that the updated calculation of annual low-power mode energy
consumption be included only in the new appendix C2. Appendix C1 would
continue using the current method for calculating the annual low-power
mode energy consumption.
DOE requests comment on its proposal to use the updated combined
low-power annual hours, specified in Section 5.7 of AHAM DW-1-2020, for
the calculation of annual combined low-power mode energy consumption in
the proposed new appendix C2.

I. Network Mode

Appendix C1 currently does not address ``network mode'' power
consumption. DOE received two comments that recommended incorporating a
network mode power consumption test method into appendix C1.
Specifically, the Joint Commenters stated that DOE should consider
incorporating a network mode power consumption measurement in the test
procedure for ``connected'' dishwashers so consumers can have a better
understanding of the energy associated with connected functionality,
adding that as of September 2019, there were 11 ENERGY STAR-qualified
connected models on the market. (Joint Commenters, No. 8 at p. 2)
Additionally, the CAIOUs recommended that DOE define a ``network mode''
for smart dishwashers and implement a method to measure power
consumption in network mode so that consumers have a better
understanding of the power usage for connected units. (CAIOUs, No. 7 at
p. 3)
DOE is aware of dishwashers with network capabilities that are
currently on the market. However, DOE does not have sufficient data at
this time regarding the energy use and consumer use patterns associated
with such capabilities to evaluate potential test procedure provisions
related to network capabilities. Therefore, DOE is proposing that all
network functions must be disabled during testing. Specifically, DOE
proposes to include a requirement in appendix C1 and the proposed new
appendix C2 that for dishwashers which can communicate through a
network (e.g., Bluetooth[supreg] or internet connection), all network
functions must be disabled, if it is possible to disable it by means
provided in the manufacturer's user manual, for the duration of
testing. If the manufacturer instructions provided in the user manual
do not provide for disabling a connected function, the standby power
test procedure is conducted with the connected function in the ``as-
shipped'' condition. DOE seeks comment on its proposal to require the
disablement of all network functions throughout the duration of
testing.
DOE seeks the following information regarding connected dishwashers
that could inform future test procedure considerations:
DOE requests feedback on connected dishwashers currently on the
market. Specifically, DOE requests input on the types of features or
functionality enabled by connected dishwashers that exist on the market
or that are under development.
DOE requests data on the percentage of users purchasing connected
dishwashers, and, for those users, the percentage of the time when the
connected functionality of the dishwashers is used.
DOE requests data on the amount of additional or reduced energy use
of connected dishwashers.
DOE requests data on the pattern of additional or reduced energy
use of connected dishwashers; for example, whether it is constant,
periodic, or triggered by the user.
DOE requests information on any existing testing protocols that
account for connected features of dishwashers, as well as any testing
protocols that may be under development within the industry.

J. Test Cycle Duration

As stated, DOE established a separate product class for standard
size dishwashers with a cycle time for the normal cycle of less than
one hour from washing through drying. 10 CFR 430.32(f)(1)(iii). See
also 85 FR 68723. The definition for the new product class of standard
size dishwashers with a ``normal'' cycle time of 60 minutes or less
defines ``normal'' cycle time by reference to Section 1.12 of appendix
C1. 10 CFR 430.32(f)(1)(iii). The new product class definition, as well
as the previously established definitions for standard size dishwasher
and compact size dishwasher, reference ANSI/AHAM DW-1-2010 for
specifying the place settings used to distinguish between ``standard''
and ``compact.'' 10 CFR 430.32(f)(1)(i)-(iii).
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 in
compliance with Executive Order 13990.
Further, on March 1, 2021, AHAM petitioned DOE to reconsider the
October 2020 Final Rule that established

[[Page 72763]]

and amended standards for short-cycle residential dishwashers (Docket
EERE-2021-BT-STD-0002, No. 001 at p. 2).\33\ 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'').\34\
---------------------------------------------------------------------------

\33\ 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="http://www.regulations.gov">www.regulations.gov</a>.
\34\ 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="http://www.regulations.gov">www.regulations.gov</a>.
---------------------------------------------------------------------------

On August 11, 2021, DOE published a NOPR (``August 2021 NOPR'')
stating that the October 2020 Final Rule resulted in amended energy
conservation standards for the new product class without properly
determining whether the relevant statutory criteria for amending
standards were met. 86 FR 43970. As a result, DOE proposed to revoke
the October 2020 Final Rule establishing the new short cycle product
class. Id.
As stated, DOE is proposing to incorporate by reference AHAM DW-1-
2020 in its entirety into 10 CFR part 430, and amend the dishwasher
test procedure to reference specified provisions of the standard.
Specifically, DOE is proposing to amend 10 CFR 430.32(f)(1)(iii) to
remove the existing reference to appendix C1, and instead reference
AHAM DW-1-2020 for the definition of ``normal cycle.'' DOE is also
proposing to specify the method for determining cycle duration in
Section 5.3 of appendix C1 and the proposed new appendix C2. DOE
proposes the test duration is the weighted average of the sensor heavy
response, sensor medium response, and sensor light response tests for
all dishwashers (i.e., both soil-sensing and non-soil-sensing
dishwashers). Additionally, DOE is proposing to update the references
to AHAM DW-1 in the standard size dishwasher and compact size
dishwasher descriptions in 10 CFR 430.32. In light of the August 2021
NOPR, DOE is not proposing at this time to require reporting of the
test duration.
DOE requests comment on the proposal to update the standard size
dishwasher, compact size dishwasher, and standard size dishwasher with
a ``normal'' cycle time of 60 minutes or less descriptions at 10 CFR
430.32(f)(1)(i)-(iii). DOE also requests comment on the proposal to
explicitly provide the method for determining cycle duration in
appendices C1 and C2.

K. Test Procedure Costs and Harmonization

1. Test Procedure Costs and Impact
In this NOPR, DOE proposes to amend the existing test procedure for
dishwashers at appendix C1 and adopt a new test procedure at appendix
C2. The proposed amendments to appendix C1 would establish requirements
for water hardness, relative humidity, and loading pattern; update
requirements for ambient temperature, detergent dosage, and standby
power measurement; include testing approaches from published waivers
for dishwashers; and include provisions for evaluating cleaning
performance and establishing a minimum per-cycle cleaning index
threshold as a condition for a valid test. The newly proposed appendix
C2 would additionally include an updated annual number of cycles and
low-power mode hours for the calculation of energy consumption.
The proposed amendments to appendix C1 would establish new
requirements for water hardness and relative humidity and would update
the requirements for ambient temperature. DOE does not expect these
proposals to increase test burden as compared to current industry
practice because it expects that laboratories already control water
hardness, relative humidity, and ambient temperature to within the
proposed specifications, as indicated by manufacturer comments
supporting these proposals, as well as general industry acceptance for
these requirements as they pertain to dishwashers and other appliances.
DOE also proposes to establish in appendix C1 a new requirement for
loading soiled dishes. DOE does not expect this proposal to change the
rated energy and water use because the thermal mass inside the
dishwasher chamber would be the same, regardless of how the dishes are
loaded in the unit. DOE also does not expect this proposal to increase
the cost of conducting the test procedure as compared to the current
test procedure based on the large number of brands currently
participating in the ENERGY STAR qualification and Most Efficient
programs (which requires the loading pattern proposed in this NOPR) and
based on AHAM's statements expressing support on behalf of the
industry.
Further, DOE is also proposing a new detergent type and approach
for calculating the detergent dosage in appendix C1. However, DOE is
also proposing to retain the current detergent type and dosing
requirement. As such, DOE does not expect this proposal to increase
test burden as compared to current industry practice.
DOE is further proposing in appendix C1 that standby mode power
consumption be measured with the door closed. Based on DOE's
interactions with test laboratories, dishwashers are already tested
with the door closed in standby mode. Therefore, DOE does not expect
any increase in costs to manufacturers from this proposed update if it
were made final.
Finally, DOE is proposing the evaluation of cleaning performance in
appendix C1. Specifically, DOE is proposing that each tested soil load
must meet a minimum per-cycle cleaning index threshold of 65 for a test
cycle to be considered valid. As discussed, DOE understands the market
to reflect general consumer satisfaction with the cleaning performance
of currently available dishwashers, and the proposed test cycle
validation index would reflect that consumer acceptance.
Were a currently certified dishwasher model to require retesting,
or new models be tested for certification under the proposed amendments
to appendix C1, if made final, DOE estimated the cost to test a
dishwasher basic model according to the proposed appendix C1. DOE
estimates the costs to test a soil-sensing dishwasher to be
approximately $2,330 per basic model and that for a non-soil-sensing
dishwasher to be approximately $790 per basic model. These costs were
estimated as follows.
Based on its experience conducting dishwasher testing, DOE
estimates the total duration to test dishwashers currently, according
to appendix C1, to be 25 hours for a soil-sensing dishwasher and 6
hours for a non-soil-sensing dishwasher. The additional time required
to score a load at the end of cycle and calculate the cleaning index is
estimated to be 1 hour per soil load. Therefore, DOE estimates the test
duration under the proposed updates to appendix C1 to be 28 hours for
soil-sensing dishwashers (25 hours currently + 1 hour per soil load to
score the load and calculate cleaning index).
For non-soil-sensing dishwashers, DOE's proposal requires testing
on the heavy soil load. This would increase testing time by
approximately 2.5 hours (in addition to the 1 hour associated with
scoring and calculating cleaning index) due to the additional time
associated with preparing the soils, soiling the load, allowing the
soils to dry, and loading the soiled dishes. To

[[Page 72764]]

mitigate burden, DOE's proposal additionally specifies that non-soil-
sensing dishwashers are required to test the medium and light soil
loads only if the next-greater soil load requires the use of the most
energy-intensive cycle. To estimate the testing burden associated with
this proposal, DOE estimates that most non-soil-sensing dishwashers
would only be tested at the heavy soil load. Therefore, DOE estimates
the total testing duration for non-soil sensing dishwashers under the
proposed appendix C1 to be 9.5 hours (2.5 hours to soil the load + 1
hour to score the load and calculate cleaning index).
Based on data from the Bureau of Labor Statistics' (``BLS's'')
Occupational Employment and Wage Statistics, the mean hourly wage for
electrical and electronic engineering technologist and technician is
$29.27.\35\ Additionally, DOE used data from BLS's Employer Costs for
Employee Compensation to estimate the percent that wages comprise the
total compensation for an employee. DOE estimates that wages make up
70.4 percent of the total compensation for private industry
employees.\36\ Therefore, DOE estimated that the total hourly
compensation (including all fringe benefits) of a technician performing
these tests is approximately $41.58.\37\ Using these labor rates and
time estimates, DOE estimated that it would cost dishwasher
manufacturers approximately $1,165 to conduct a single test on a soil-
sensing dishwasher unit and approximately $395 to conduct a single test
on a non-soil-sensing dishwasher unit.\38\
---------------------------------------------------------------------------

\35\ DOE used the mean hourly wage of the ``17-3027 Mechanical
Engineering Technologists and Technicians'' from the most recent BLS
Occupational Employment and Wage Statistics (May 2020) to estimate
the hourly wage rate of a technician assumed to perform this
testing. See <a href="http://www.bls.gov/oes/current/oes173027.htm">www.bls.gov/oes/current/oes173027.htm</a>. Last accessed on
July 26, 2021.
\36\ DOE used the March 2021 ``Employer Costs for Employee
Compensation'' to estimate that for ``Private Industry Workers,''
``Wages and Salaries'' are 70.4 percent of the total employee
compensation. See <a href="http://www.bls.gov/news.release/archives/ecec_06172021.pdf">www.bls.gov/news.release/archives/ecec_06172021.pdf</a>. Last accessed on July 26, 2021.
\37\ $29.27 / 0.704 = $41.58.
\38\ Soil-sensing dishwasher: $41.58 x 28 hours = $1,164.24
(rounded to $1,165) Non-soil-sensing dishwasher: $41.58 x 9.5 hours
= $395.01 (rounded to $395).
---------------------------------------------------------------------------

DOE requires at least two units to be tested for each basic model
prior to certifying a rating with DOE. Therefore, DOE estimates that
manufacturers would incur testing costs of approximat

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