Proposed Rule2023-05588
Energy Conservation Program: Test Procedure for Dishwashers
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 23, 2023
Issuing agencies
Energy Department
Abstract
In this notice of proposed rulemaking ("NOPR"), the U.S Department of Energy ("DOE") proposes to add clarifying instructions regarding the detergent reporting requirements and an enforcement provision for dishwashers to specify the detergent and dosing method that DOE would use for any enforcement testing of dishwasher models certified in accordance with the currently applicable dishwasher test procedure prior to July 17, 2023 (i.e., the date by which the dishwasher test procedure as amended by a final rule published on January 18, 2023, will be mandatory for product testing). DOE is also proposing to add within the amended test procedure clarifying instructions regarding the allowable dosing options for each type of detergent. DOE is seeking comment from interested parties on this NOPR.
Full Text
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<title>Federal Register, Volume 88 Issue 56 (Thursday, March 23, 2023)</title>
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[Federal Register Volume 88, Number 56 (Thursday, March 23, 2023)]
[Proposed Rules]
[Pages 17419-17426]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-05588]
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DEPARTMENT OF ENERGY
10 CFR Parts 429 and 430
[EERE-2023-BT-TP-0007]
RIN 1904-AF50
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: In this notice of proposed rulemaking (``NOPR''), the U.S
Department of Energy (``DOE'') proposes to add clarifying instructions
regarding the detergent reporting requirements and an enforcement
provision for dishwashers to specify the detergent and dosing method
that DOE would use for any enforcement testing of dishwasher models
certified in accordance with the currently applicable dishwasher test
procedure prior to July 17, 2023 (i.e., the date by which the
dishwasher test procedure as amended by a final rule published on
January 18, 2023, will be mandatory for product testing). DOE is also
proposing to add within the amended test procedure clarifying
instructions regarding the allowable dosing options for each type of
detergent. DOE is seeking comment from interested parties on this NOPR.
DATES:
Comments: DOE will accept comments, data, and information regarding
this NOPR no later than May 22, 2023.
Meeting: DOE will hold a public meeting on this NOPR if one is
requested by March 30, 2023. If a public meeting is requested, DOE will
announce its date and participation information on the DOE website and
via email.
[[Page 17420]]
ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at <a href="http://www.regulations.gov">www.regulations.gov</a>, under docket
number EERE-2023-BT-TP-0007. Follow the instructions for submitting
comments. Alternatively, interested persons may submit comments,
identified by docket number EERE-2023-BT-TP-0007, by any of the
following methods:
Email: <a href="/cdn-cgi/l/email-protection#d692bfa5bea1b7a5beb3a4a5e4e6e4e58286e6e6e6e196b3b3f8b2b9b3f8b1b9a0"><span class="__cf_email__" data-cfemail="692d001a011e081a010c1b1a5b595b5a3d395959595e290c0c470d060c470e061f">[email protected]</span></a>. Include the docket number
EERE-2023-BT-TP-0007 in the subject line of the message.
Postal Mail: Appliance and Equipment Standards Program, U.S.
Department of Energy, Building Technologies Office, Mailstop EE-5B,
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone:
(202) 287-1445. If possible, please submit all items on a compact disc
(``CD''), in which case it is not necessary to include printed copies.
Hand Delivery/Courier: Appliance and Equipment Standards Program,
U.S. Department of Energy, Building Technologies Office, 950 L'Enfant
Plaza, SW, 6th Floor, Washington, DC 20024. Telephone: (202) 287-1445.
If possible, please submit all items on a CD, in which case it is not
necessary to include printed copies.
No telefacsimiles (``faxes'') will be accepted. For detailed
instructions on submitting comments and additional information on this
process, see section IV of this document.
Docket: The docket for this activity, 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, not all documents listed in the index may be publicly
available, such as information that is exempt from public disclosure.
The docket web page can be found at <a href="http://www.regulations.gov/docket/EERE-2023-BT-TP-0007">www.regulations.gov/docket/EERE-2023-BT-TP-0007</a>. The docket web page contains instructions on how
to access all documents, including public comments, in the docket. See
section IV for information on how to submit comments through
<a href="http://www.regulations.gov">www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT:
Dr. Carl Shapiro, 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) 287-5649. Email <a href="/cdn-cgi/l/email-protection#d091a0a0bcb9b1beb3b583a4b1beb4b1a2b4a381a5b5a3a4b9bfbea390b5b5feb4bfb5feb7bfa6"><span class="__cf_email__" data-cfemail="1e5f6e6e72777f707d7b4d6a7f707a7f6c7a6d4f6b7b6d6a7771706d5e7b7b307a717b30797168">[email protected]</span></a>.
Ms. Melanie Lampton, U.S. Department of Energy, Office of the
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC
20585-0121. Telephone: (240) 571-5157. Email:
<a href="/cdn-cgi/l/email-protection#9cd1f9f0fdf2f5f9b2d0fdf1ece8f3f2dcf4edb2f8f3f9b2fbf3ea"><span class="__cf_email__" data-cfemail="f1bc949d909f9894dfbd909c81859e9fb19980df959e94df969e87">[email protected]</span></a>.
For further information on how to submit a comment and review other
public comments and the docket, contact the Appliance and Equipment
Standards Program staff at (202) 287-1445 or by email:
<a href="/cdn-cgi/l/email-protection#49083939252028272a2c1a3d28272d283b2d3a183c2c3a3d2026273a092c2c672d262c672e263f"><span class="__cf_email__" data-cfemail="105160607c79717e73754364717e74716274634165756364797f7e635075753e747f753e777f66">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Authority and Background
A. Authority
B. Background
C. Deviation from Appendix A
II. Discussion of Proposed Amendments
A. Appendix C1 Amendments
B. Certification Reporting Provisions for Dishwashers
C. Enforcement Testing Provision for Dishwashers
III. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866 and 13563
B. Review Under the Regulatory Flexibility Act
C. Review Under the Paperwork Reduction Act of 1995
D. Review Under the National Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates Reform Act of 1995
H. Review Under the Treasury and General Government
Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under Treasury and General Government Appropriations
Act, 2001
K. Review Under Executive Order 13211
IV. Public Participation
V. Approval of the Office of the Secretary
I. Authority and Background
A. Authority
The Energy Policy and Conservation Act, PubLic Law 94-163, 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 of EPCA \2\ established the Energy
Conservation Program for Consumer Products Other Than Automobiles,
which sets forth a variety of provisions designed to improve energy
efficiency. (42 U.S.C. 6281-6309) 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 document refer to the statute
as amended through the Energy Act of 2020, Public Law 116-260 (Dec.
27, 2020), which reflect the last statutory amendments that impact
Parts A and A-1 of EPCA.
\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 other 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))
DOE is conducting this rulemaking to address a single specific
issue and make minor corrections to the current test procedures that
are required for certification of compliance with applicable energy
conservation standards. This rulemaking does not satisfy the 7-year
lookback requirement prescribed by EPCA.
B. Background
DOE's currently applicable test procedure for dishwashers is
prescribed in the Code of Federal Regulations (``CFR'') at 10 CFR part
430, subpart B, appendix C1 (``appendix C1''). Appendix C1 includes
provisions for determining estimated annual energy use and per-cycle
water consumption, among other metrics, and is currently required to
demonstrate compliance with the energy conservation standards for
dishwashers prescribed at 10 CFR 430.32(f). Section 2.10 of the
currently applicable appendix C1 specifies the detergent type and
dosage that must be used for testing. Specifically, section 2.10
specifies that Cascade with the Grease Fighting Power of Dawn must be
used, and detergent dosage must be calculated based on the prewash (if
any) and main wash fill water volumes. However, Cascade with the Grease
Fighting Power of Dawn has been
[[Page 17421]]
discontinued and has been replaced on the market with Cascade Complete
Powder formulation.
On July 22, 2022, DOE published a final rule that amended the
certification provisions for dishwashers (``July 2022 Certification
Final Rule''), among other products. 87 FR 43952. In the July 2022
Certification Final Rule, DOE noted that, given that the then-currently
specified Cascade with the Grease Fighting Power of Dawn detergent was
no longer available on the market, DOE expected that manufacturers may
need to (or already had to) switch to the new Cascade Complete Powder
formulation to conduct testing according to the currently applicable
appendix C1. Id. at 87 FR 43969. The July 2022 Certification Final Rule
amended the dishwasher certification provisions to require that
manufacturers indicate whether Cascade Complete Powder detergent was
used in lieu of Cascade with the Grease Fighting Power of Dawn to
conduct testing according to the currently applicable appendix C1. Id.
at 87 FR 43969-43970. DOE stated that it was establishing this
additional reporting requirement to ensure that any assessment or
enforcement testing pursuant to 10 CFR 429.104 and 429.110,
respectively, would be performed using the same detergent used by the
manufacturer for certifying compliance with the energy conservation
standards. Id.
In a final rule published on January 18, 2023, DOE amended the test
procedures in appendix C1 (``January 2023 TP Final Rule'') to specify
that Cascade Complete Powder detergent may alternately be used for
testing dishwashers in conjunction with a new detergent dosing
requirement that is based on the number of place settings,\3\ among
several other updates. 88 FR 3234, 3247-3248. DOE stated in the January
2023 TP Final Rule that permitting the optional use of the new
detergent and dosing specified in the Association of Home Appliance
Manufacturers (``AHAM'') standard, AHAM DW-1-2020, ``Uniform Test
Method for Measuring the Energy Consumption of Dishwashers,'' would
avoid the need for manufacturers to request test procedure waivers,
given the lack of availability of the current detergent. Id. at 88 FR
3247. DOE also stated that by maintaining the use of the current
detergent and dosing requirements, manufacturers would not be required
to re-test currently certified dishwashers. Id. The effective date of
amended appendix C1 was February 17, 2023, and the amended appendix C1
will be mandatory for product testing starting July 17, 2023.
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\3\ As amended by the January 2023 TP Final Rule, section 2.5 of
appendix C1 specifies that if the detergent specified in section
2.10 of AHAM DW-1-2020 (i.e., Cascade Complete Powder) is used for
testing, then the dosage requirements specified in section 2.10 of
AHAM DW-1-2020 must be used. Section 2.10 of AHAM DW-1-2020
specifies using half the quantity of detergent that is specified in
section 4.1 of AHAM DW-2-2020. 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.
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C. Deviation From Appendix A
In accordance with section 3(a) of 10 CFR part 430, subpart C,
appendix A (``appendix A''), DOE notes that it is deviating from the
provision in appendix A regarding the early assessment process in a
test procedure rulemaking. Section 8(a) of appendix A states that DOE
will follow an early assessment process similar to DOE's consideration
of amended energy conservation standards and publish a notice in the
Federal Register whenever DOE is considering initiation of a rulemaking
to amend a test procedure. DOE is conducting this rulemaking to address
a single specific issue rather than comply with the 7-year lookback
requirement prescribed by EPCA. Furthermore, this proposal seeks to
prevent manufacturers from needing to re-test and re-certify certain
existing models after July 17, 2023. For these reasons, DOE finds it
necessary and appropriate to deviate from the provision in appendix A
regarding the early assessment process.
II. Discussion of Proposed Amendments
A. Appendix C1 Amendments
While the July 2022 Certification Final Rule amended the dishwasher
certification provisions to require that manufacturers indicate whether
Cascade Complete Powder detergent was used in lieu of Cascade with the
Grease Fighting Power of Dawn to conduct testing according to the
currently applicable appendix C1 (87 FR 43952, 43969-43970), it did not
explicitly permit the use of Cascade Complete Powder detergent
formulation with the dosage requirements specified in the currently
applicable appendix C1 for units certified before July 17, 2023 (i.e.,
the date on which testing according to the amended appendix C1 will be
mandatory). Section 2.5 of the amended appendix C1 allows the use of
Cascade with the Grease Fighting Power of Dawn detergent only with the
dosage requirements of the currently applicable appendix C1 (i.e.,
based on fill water volumes), or Cascade Complete Powder detergent only
with the new detergent dosing requirement (i.e., based on number of
place settings). However, in specifying the new detergent dosing
requirement for Cascade Complete Powder in appendix C1 in the January
2023 TP Final Rule, DOE did not intend to require manufacturers who
have already certified dishwashers using the new Cascade Complete
Powder in conjunction with the currently applicable detergent dosing
requirement to re-test and re-certify using the new detergent dosing
requirement.
DOE is therefore proposing in this NOPR to amend section 2.5 of
appendix C1 to explicitly allow the use of Cascade Complete Powder
detergent with either the dosage requirements specified in the
currently applicable appendix C1 (i.e., based on fill water volumes) or
the amended appendix C1 (i.e., based on number of place settings). This
proposal seeks to prevent manufacturers that have used, or intend to
use until July 17, 2023, Cascade Complete Powder detergent with the
currently applicable detergent dosing based on fill water volumes
rather than number of place settings from needing to re-test and re-
certify.
DOE requests feedback on its proposal to amend appendix C1 to
explicitly allow the use of Cascade Complete Powder detergent with
either the currently applicable dosage requirements based on fill water
volumes, as specified in section 2.5.1 of appendix C1 as amended, or
the new dosage requirements based on number of place settings, as
specified in section 2.5 of appendix C1 as amended, until July 17,
2023.
B. Certification Reporting Provisions for Dishwashers
In conjunction with the proposed amendment to explicitly allow the
use of the new Cascade Complete Powder detergent with the dosage method
in the currently applicable appendix C1, DOE proposes to specify the
applicable dates for each detergent formulation and dosing combination
through instructions specified in the certification reporting
provisions at 10 CFR 429.19(b)(3). DOE proposes to amend 10 CFR
429.19(b)(3)(vi) to specify in a new subsection (A) that before July
17, 2023, Cascade Complete Powder detergent may be used as the basis
for certification in conjunction with either detergent dosing methods
(i.e., the currently applicable detergent dosing requirement based on
fill water volumes, or the new detergent dosing requirement based on
number of place settings); and Cascade with the Grease Fighting Power
of Dawn detergent may be used as the basis for certification
[[Page 17422]]
only in conjunction with the currently applicable detergent dosing
based on fill water volumes.
DOE proposes to further specify in a new subsection (B) to 10 CFR
429.19(b)(3)(vi) that beginning July 17, 2023, Cascade Complete Powder
detergent may be used as the basis for certification of newly certified
basic models only in conjunction with the new detergent dosing method
based on number of place settings; and Cascade with the Grease Fighting
Power of Dawn detergent may be used as the basis for certification only
in conjunction with the currently applicable detergent dosing based on
fill water volumes. DOE also proposes to clarify that manufacturers may
maintain basic model certifications made prior to July 17, 2023.
DOE seeks feedback on its proposal to add two subsections to the
certification reporting provisions that specify the date when each
detergent formulation and dosage method is applicable.
C. Enforcement Testing Provision for Dishwashers
In addition to amending appendix C1 to specify the detergent
formulation and dosage combinations that would be applicable until July
17, 2023, and including instructions to the reporting requirements at
10 CFR 429.19(b)(3), DOE is also proposing a product-specific
enforcement provision for dishwashers. This proposal would provide
greater certainty regarding how DOE would conduct any enforcement
testing for any dishwashers certified in accordance with the currently
applicable test procedure using the new Cascade Complete Powder
detergent, as implicitly permitted by the July 2022 Certification Final
Rule. Specifically, DOE is proposing to add a product-specific
enforcement provision at 10 CFR 429.134(z)(2) explicitly specifying
that DOE would perform any enforcement testing using the detergent
dosing requirement that was used by the manufacturer for certifying
compliance with the energy conservation standards. DOE notes that under
the requirements specified at 10 CFR 429.106(b), DOE may request any
information relevant to determining compliance and DOE would use this
authority to request detergent dosage information from manufacturers,
if required for the purposes of conducting enforcement testing.
DOE requests comments on its proposal to add a product-specific
enforcement requirement for dishwashers to specify that DOE would
perform any enforcement testing using the detergent dosing requirement
that was used by the manufacturer for certifying compliance with the
energy conservation standards, in accordance with the applicable test
procedure and certification reporting requirements.
III. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866 and 13563
Executive Order (``E.O.'') 12866, ``Regulatory Planning and
Review,'' as supplemented and reaffirmed by E.O. 13563, ``Improving
Regulation and Regulatory Review,'' 76 FR 3821 (Jan. 21, 2011),
requires agencies, to the extent permitted by law, to (1) propose or
adopt a regulation only upon a reasoned determination that its benefits
justify its costs (recognizing that some benefits and costs are
difficult to quantify); (2) tailor regulations to impose the least
burden on society, consistent with obtaining regulatory objectives,
taking into account, to the extent practicable, the costs of cumulative
regulations, among other things; (3) select, in choosing among
alternative regulatory approaches, those approaches that maximize net
benefits (including potential economic, environmental, public health
and safety, and other advantages; distributive impacts; and equity);
(4) specify performance objectives wherever feasible, rather than
specifying the behavior or manner of compliance that regulated entities
must adopt; and (5) identify and assess available alternatives to
direct regulation, including providing economic incentives to encourage
the desired behavior, such as user fees or marketable permits, or
providing information upon which choices can be made by the public. DOE
emphasizes as well that E.O. 13563 requires agencies to use the best
available techniques to quantify anticipated present and future
benefits and costs as accurately as possible. In its guidance, the
Office of Information and Regulatory Affairs (``OIRA'') in the Office
of Management and Budget (``OMB'') has emphasized that such techniques
may include identifying changing future compliance costs that might
result from technological innovation or anticipated behavioral changes.
For the reasons stated in the preamble, this proposed regulatory action
is consistent with these principles.
Section 6(a) of E.O. 12866 also requires agencies to submit
``significant regulatory actions'' to OIRA for review. OIRA has
determined that this proposed regulatory action does not constitute a
``significant regulatory action'' under section 3(f) of E.O. 12866.
Accordingly, this action was not submitted to OIRA for review under
E.O. 12866.
B. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of an initial regulatory flexibility analysis (``IRFA'')
for any rule that by law must be proposed for public comment, unless
the agency certifies that the rule, if promulgated, will not have a
significant economic impact on a substantial number of small entities.
As required by Executive Order 13272, ``Proper Consideration of Small
Entities in Agency Rulemaking,'' 67 FR 53461 (Aug. 16, 2002), DOE
published procedures and policies on February 19, 2003, to ensure that
the potential impacts of its rules on small entities are properly
considered during the DOE rulemaking process. 68 FR 7990. DOE has made
its procedures and policies available on the Office of the General
Counsel's website: <a href="http://www.energy.gov/gc/office-general-counsel">www.energy.gov/gc/office-general-counsel</a>.
This NOPR proposes an update to the amended appendix C1 to remove
uncertainty about dishwashers that may be currently certified under the
currently applicable appendix C1 using the new detergent (as permitted
by the July 2022 Certification Final Rule), and to prevent such
dishwashers from having to be re-tested and re-certified after the
February 17, 2023, effective date of the January 2023 TP Final Rule.
The proposed amendments in this NOPR do not affect the scope or
substance of the currently applicable or amended test procedure for
dishwashers. Therefore, DOE initially concludes that the impacts of the
amendments proposed in this NOPR would not have a ``significant
economic impact on a substantial number of small entities,'' and that
the preparation of an IRFA is not warranted. DOE will transmit the
certification and supporting statement of factual basis to the Chief
Counsel for Advocacy of the Small Business Administration for review
under 5 U.S.C. 605(b).
C. Review Under the Paperwork Reduction Act of 1995
Manufacturers of dishwashers must certify to DOE that their
products comply with any applicable energy conservation standards. To
certify compliance, manufacturers must first obtain test data for their
products according to the DOE test procedures, including any amendments
adopted for those test procedures. DOE has established regulations for
the certification and recordkeeping requirements for all covered
consumer
[[Page 17423]]
products and commercial equipment, including dishwashers. (See
generally 10 CFR part 429.) The collection-of-information requirement
for the certification and recordkeeping is subject to review and
approval by OMB under the Paperwork Reduction Act (``PRA''). This
requirement has been approved by OMB under OMB control number 1910-
1400. Public reporting burden for the certification is estimated to
average 35 hours per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information.
DOE is not proposing to amend the certification or reporting
requirements for dishwashers.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number.
D. Review Under the National Environmental Policy Act of 1969
In this NOPR, DOE proposes to add explicit enumeration of currently
allowable testing options to the test procedure, certification
reporting instructions, and a product-specific enforcement provision
that would specify how DOE would conduct any enforcement testing of
certain dishwasher models. DOE has determined that this proposed rule
falls into a class of actions that are categorically excluded from
review under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) and DOE's implementing regulations at 10 CFR part 1021.
Specifically, DOE has determined that adopting test procedures for
measuring energy efficiency of consumer products and industrial
equipment is consistent with activities identified in 10 CFR part 1021,
appendix A to subpart D, A5 and A6. Accordingly, neither an
environmental assessment nor an environmental impact statement is
required.
E. Review Under Executive Order 13132
Executive Order 13132, ``Federalism,'' 64 FR 43255 (Aug. 4, 1999)
imposes certain requirements on agencies formulating and implementing
policies or regulations that preempt State law or that have federalism
implications. The Executive order requires agencies to examine the
constitutional and statutory authority supporting any action that would
limit the policymaking discretion of the States and to carefully assess
the necessity for such actions. The Executive order also requires
agencies to have an accountable process to ensure meaningful and timely
input by State and local officials in the development of regulatory
policies that have federalism implications. On March 14, 2000, DOE
published a statement of policy describing the intergovernmental
consultation process it will follow in the development of such
regulations. 65 FR 13735. DOE has examined this proposed rule and has
determined that it would not have a substantial direct effect on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. EPCA governs and prescribes Federal
preemption of State regulations as to energy conservation for the
products that are the subject of this proposed rule. States can
petition DOE for exemption from such preemption to the extent, and
based on criteria, set forth in EPCA. (42 U.S.C. 6297(d)) No further
action is required by Executive Order 13132.
F. Review Under Executive Order 12988
Regarding the review of existing regulations and the promulgation
of new regulations, section 3(a) of Executive Order 12988, ``Civil
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal
agencies the general duty to adhere to the following requirements: (1)
eliminate drafting errors and ambiguity, (2) write regulations to
minimize litigation, (3) provide a clear legal standard for affected
conduct rather than a general standard, and (4) promote simplification
and burden reduction. Section 3(b) of Executive Order 12988
specifically requires that executive agencies make every reasonable
effort to ensure that the regulation (1) clearly specifies the
preemptive effect, if any; (2) clearly specifies any effect on existing
Federal law or regulation; (3) provides a clear legal standard for
affected conduct while promoting simplification and burden reduction;
(4) specifies the retroactive effect, if any; (5) adequately defines
key terms; and (6) addresses other important issues affecting clarity
and general draftsmanship under any guidelines issued by the Attorney
General. Section 3(c) of Executive Order 12988 requires executive
agencies to review regulations in light of applicable standards in
sections 3(a) and 3(b) to determine whether they are met or it is
unreasonable to meet one or more of them. DOE has completed the
required review and determined that, to the extent permitted by law,
the proposed rule meets the relevant standards of Executive Order
12988.
G. Review Under the Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA'')
requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and Tribal governments, and the
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531).
For a proposed regulatory action likely to result in a rule that may
cause the expenditure by State, local, and Tribal governments, in the
aggregate, or by the private sector of $100 million or more in any one
year (adjusted annually for inflation), section 202 of UMRA requires a
Federal agency to publish a written statement that estimates the
resulting costs, benefits, and other effects on the national economy.
(2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to
develop an effective process to permit timely input by elected officers
of State, local, and Tribal governments on a proposed ``significant
intergovernmental mandate,'' and requires an agency plan for giving
notice and opportunity for timely input to potentially affected small
governments before establishing any requirements that might
significantly or uniquely affect small governments. On March 18, 1997,
DOE published a statement of policy on its process for
intergovernmental consultation under UMRA. 62 FR 12820; also available
at <a href="http://www.energy.gov/gc/office-general-counsel">www.energy.gov/gc/office-general-counsel</a>. DOE examined this proposed
rule according to UMRA and its statement of policy and determined that
the rule contains neither an intergovernmental mandate, nor a mandate
that may result in the expenditure of $100 million or more in any year,
so these requirements do not apply.
H. Review Under the Treasury and General Government Appropriations Act,
1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any rule that may affect family well-being.
This proposed rule would not have any impact on the autonomy or
integrity of the family as an institution. Accordingly, DOE has
concluded that it is not necessary to prepare a Family Policymaking
Assessment.
I. Review Under Executive Order 12630
DOE has determined, under Executive Order 12630, ``Governmental
Actions
[[Page 17424]]
and Interference with Constitutionally Protected Property Rights'' 53
FR 8859 (March 18, 1988), that this proposed regulation would not
result in any takings that might require compensation under the Fifth
Amendment to the U.S. Constitution.
J. Review Under Treasury and General Government Appropriations Act,
2001
Section 515 of the Treasury and General Government Appropriations
Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most
disseminations of information to the public under guidelines
established by each agency pursuant to general guidelines issued by
OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and
DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). Pursuant
to OMB Memorandum M-19-15, Improving Implementation of the Information
Quality Act (April 24, 2019), DOE published updated guidelines which
are available at <a href="http://www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf">www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf</a>. DOE has
reviewed this proposed rule under the OMB and DOE guidelines and has
concluded that it is consistent with applicable policies in those
guidelines.
K. Review Under Executive Order 13211
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355
(May 22, 2001), requires Federal agencies to prepare and submit to OMB,
a Statement of Energy Effects for any proposed significant energy
action. A ``significant energy action'' is defined as any action by an
agency that promulgated or is expected to lead to promulgation of a
final rule, and that (1) is a significant regulatory action under
Executive Order 12866, or any successor order; and (2) is likely to
have a significant adverse effect on the supply, distribution, or use
of energy; or (3) is designated by the Administrator of OIRA as a
significant energy action. For any proposed significant energy action,
the agency must give a detailed statement of any adverse effects on
energy supply, distribution, or use should the proposal be implemented,
and of reasonable alternatives to the action and their expected
benefits on energy supply, distribution, and use.
The proposed regulatory action to amend an explicit enumeration of
currently allowable testing options to the test procedure,
certification reporting instructions, and a product-specific
enforcement provision that would specify how DOE would conduct any
enforcement testing of certain dishwasher models is not a significant
regulatory action under Executive Order 12866. Moreover, it would not
have a significant adverse effect on the supply, distribution, or use
of energy, nor has it been designated as a significant energy action by
the Administrator of OIRA. Therefore, it is not a significant energy
action, and, accordingly, DOE has not prepared a Statement of Energy
Effects.
The following standard included in the proposed regulatory text was
previously approved for incorporation by reference for the locations in
which it appears in this proposed rule: AHAM DW-1-2020.
IV. Public Participation
DOE will accept comments, data, and information regarding this
proposed rule no later than the date provided in the DATES section at
the beginning of this proposed rule. Interested parties may submit
comments using any of the methods described in the ADDRESSES section at
the beginning of this document.
Although DOE welcomes comments on any aspect of this proposal, DOE
is particularly interested in receiving comments and views of
interested parties concerning the following issues:
(1) DOE requests feedback on its proposal to amend appendix C1 to
explicitly allow the use of Cascade Complete Powder detergent with
either the currently applicable dosage requirements based on fill water
volumes, as specified in section 2.5.1 of appendix C1 as amended, or
the new dosage requirements based on number of place settings, as
specified in section 2.5 of appendix C1 as amended, until July 17,
2023.
(2) DOE seeks feedback on its proposal to add two subsections to
the certification reporting provisions that specify the date when each
detergent formulation and dosage method is applicable.
(3) DOE requests comments on its proposal to add a product-specific
enforcement requirement for dishwashers to specify that DOE would
perform any enforcement testing using the detergent dosing requirement
that was used by the manufacturer for certifying compliance with the
energy conservation standards, in accordance with the applicable test
procedure and certification reporting requirements.
Submitting comments via <a href="http://www.regulations.gov">www.regulations.gov</a>. The
<a href="http://www.regulations.gov">www.regulations.gov</a> web page will require you to provide your name and
contact information. Your contact information will be viewable to DOE
Building Technologies staff only. Your contact information will not be
publicly viewable except for your first and last names, organization
name (if any), and submitter representative name (if any). If your
comment is not processed properly because of technical difficulties,
DOE will use this information to contact you. If DOE cannot read your
comment due to technical difficulties and cannot contact you for
clarification, DOE may not be able to consider your comment.
However, your contact information will be publicly viewable if you
include it in the comment or in any documents attached to your comment.
Any information that you do not want to be publicly viewable should not
be included in your comment, nor in any document attached to your
comment. Persons viewing comments will see only first and last names,
organization names, correspondence containing comments, and any
documents submitted with the comments.
Do not submit to <a href="http://www.regulations.gov">www.regulations.gov</a> information for which
disclosure is restricted by statute, such as trade secrets and
commercial or financial information (hereinafter referred to as
Confidential Business Information (``CBI'')). Comments submitted
through <a href="http://www.regulations.gov">www.regulations.gov</a> cannot be claimed as CBI. Comments received
through the website will waive any CBI claims for the information
submitted. For information on submitting CBI, see the Confidential
Business Information section.
DOE processes submissions made through <a href="http://www.regulations.gov">www.regulations.gov</a> before
posting. Normally, comments will be posted within a few days of being
submitted. However, if large volumes of comments are being processed
simultaneously, your comment may not be viewable for up to several
weeks. Please keep the comment tracking number that <a href="http://www.regulations.gov">www.regulations.gov</a>
provides after you have successfully uploaded your comment.
Submitting comments via email, hand delivery/courier, or postal
mail. Comments and documents submitted via email, hand delivery/
courier, or postal mail also will be posted to <a href="http://www.regulations.gov">www.regulations.gov</a>. If
you do not want your personal contact information to be publicly
viewable, do not include it in your comment or any accompanying
documents. Instead, provide your contact information on a cover letter.
Include your first and last names, email address, telephone number, and
optional mailing address. The cover letter will not be publicly
viewable as long as it does not include any comments.
[[Page 17425]]
Include contact information each time you submit comments, data,
documents, and other information to DOE. If you submit via postal mail
or hand delivery/courier, please provide all items on a CD, if
feasible, in which case it is not necessary to submit printed copies.
No faxes will be accepted.
Comments, data, and other information submitted to DOE
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file format. Provide documents that
are not secured, written in English and free of any defects or viruses.
Documents should not contain special characters or any form of
encryption and, if possible, they should carry the electronic signature
of the author.
Campaign form letters. Please submit campaign form letters by the
originating organization in batches of between 50 to 500 form letters
per PDF or as one form letter with a list of supporters' names compiled
into one or more PDFs. This reduces comment processing and posting
time.
Confidential Business Information. Pursuant to 10 CFR 1004.11, any
person submitting information that he or she believes to be
confidential and exempt by law from public disclosure should submit via
email two well-marked copies: one copy of the document marked
confidential including all the information believed to be confidential,
and one copy of the document marked non-confidential with the
information believed to be confidential deleted. DOE will make its own
determination about the confidential status of the information and
treat it according to its determination.
It is DOE's policy that all comments may be included in the public
docket, without change and as received, including any personal
information provided in the comments (except information deemed to be
exempt from public disclosure).
V. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this Notice of
proposed rulemaking and request for comment.
List of Subjects
10 CFR Part 429
Administrative practice and procedure, Confidential business
information, Energy conservation, Household appliances, Imports,
Intergovernmental relations, Reporting and recordkeeping requirements,
Small businesses.
10 CFR Part 430
Administrative practice and procedure, Confidential business
information, Energy conservation, Household appliances, Imports,
Incorporation by reference, Intergovernmental relations, Small
businesses.
Signing Authority
This document of the Department of Energy was signed on March 14,
2023, by Francisco Alejandro Moreno, Acting Assistant Secretary for
Energy Efficiency and Renewable Energy, pursuant to delegated authority
from the Secretary of Energy. That document with the original signature
and date is maintained by DOE. For administrative purposes only, and in
compliance with requirements of the Office of the Federal Register, the
undersigned DOE Federal Register Liaison Officer has been authorized to
sign and submit the document in electronic format for publication, as
an official document of the Department of Energy. This administrative
process in no way alters the legal effect of this document upon
publication in the Federal Register.
Signed in Washington, DC, on March 15, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
For the reasons stated in the preamble, DOE proposes to amend parts
429 and 430 of chapter II of title 10, Code of Federal Regulations as
set forth below:
PART 429--CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER
PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT
0
1. The authority citation for part 429 continues to read as follows:
Authority: 42 U.S.C. 6291-6317, 28 U.S.C. 2461 note.
0
2. In Sec. 429.19 revise paragraph (b)(3)(vi) to read as follows:
Sec. 429.19 Dishwashers.
* * * * *
(b) * * *
(3) * * *
(vi) Indication of whether Cascade Complete Powder or Cascade with
the Grease Fighting Power of Dawn was used as the detergent
formulation. When certifying dishwashers, other than water re-use
dishwashers, according to appendix C1 to subpart B of part 430 of this
chapter:
(A) Before July 17, 2023, Cascade Complete Powder detergent may be
used as the basis for certification in conjunction with the detergent
dosing methods specified in either section 2.5.2.1.1 or section
2.5.2.1.2 of appendix C1 (as amended on February 17, 2023). Cascade
with the Grease Fighting Power of Dawn detergent may be used as the
basis for certification only in conjunction with the detergent dosing
specified in section 2.5.2.1.1 of appendix C1 (as amended on February
17, 2023).
(B) Beginning July 17, 2023, Cascade Complete Powder detergent may
be used as the basis for certification of newly certified basic models
only in conjunction with the detergent dosing method specified in
section 2.5.2.1.2 of appendix C1 (as amended on February 17, 2023).
Cascade with the Grease Fighting Power of Dawn detergent may be used as
the basis for certification only in conjunction with the detergent
dosing specified in section 2.5.2.1.1 of appendix C1 (as amended on
February 17, 2023). Manufacturers may maintain existing basic model
certifications made prior to July 17, 2023, consistent with the
provisions of Sec. 429.19(b)(3)(vi)(A).
0
3. Amend Sec. 429.134 by adding paragraph (z)(2) to read as follows:
Sec. 429.134 Product-specific enforcement provisions.
* * * * *
(z) * * *
(2) Detergent Dosing Requirement. For any dishwasher basic model
certified in accordance with the test procedure at appendix C1 to
subpart B of part 430 of this chapter, DOE will conduct enforcement
testing using the detergent dosing requirement that was used by the
manufacturer as the basis for certifying compliance with the applicable
energy conservation standard, in accordance with the applicable test
procedure and certification reporting requirements.
PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS
0
4. The authority citation for part 430 continues to read as follows:
Authority: 42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.
0
5. Amend appendix C1 to subpart B of part 430 by revising the appendix
introductory note and section 2.5 to read as follows:
Appendix C1 to Subpart B of Part 430--Uniform Test Method for Measuring
the Energy Consumption of Dishwashers
Note: Before [date 180 days after publication of the final
rule], manufacturers must use the results of testing under this
appendix as codified on [date 30 days after
[[Page 17426]]
publication of the final rule] or February 17, 2023, to determine
compliance with the relevant standard from Sec. 430.32(f)(1) as it
appeared in the January 1, 2023, edition of 10 CFR parts 200-499.
Beginning [date 180 days after publication of the final rule],
manufacturers must use the results of testing under this appendix to
determine compliance with the relevant standard from Sec.
430.32(f)(1) as it appeared in the January 1, 2023, edition of 10
CFR parts 200-499. Manufacturers must use the results of testing
under appendix C2 to determine compliance with any amended standards
for dishwashers provided in 10 CFR 430.32(f)(1) that are published
after January 1, 2023. Any representations related to energy or
water consumption of dishwashers must be made in accordance with the
appropriate appendix that applies (i.e., appendix C1 or appendix C2)
when determining compliance with the relevant standard.
Manufacturers may also use appendix C2 to certify compliance with
any amended standards prior to the applicable compliance date for
those standards.
10 CFR 429.19(b)(3) provides instructions regarding the
combination of detergent and detergent dosing, specified in section
2.5 of this appendix, used for certification.
* * * * *
2.5 Detergent.
2.5.1 Detergent Formulation. Either Cascade with the Grease
Fighting Power of Dawn or Cascade Complete Powder may be used.
2.5.2 Detergent Dosage.
2.5.2.1 Dosage for any dishwasher other than water re-use system
dishwashers.
If Cascade with the Grease Fighting Power of Dawn detergent is
used, the detergent dosing specified in section 2.5.2.1.1 of this
appendix must be used.
If Cascade Complete Powder detergent is used, consult the
introductory note to this appendix regarding use of the detergent
dosing specified in either section 2.5.2.1.1 or section 2.5.2.1.2 of
this appendix.
2.5.2.1.1 Dosage based on fill water volumes. Determine
detergent dosage as follows:
Prewash Detergent Dosing. If the cycle setting for the test
cycle includes prewash, determine the quantity of dry prewash
detergent, D<INF>pw,</INF> in grams (g) that results in 0.25 percent
concentration by mass in the prewash fill water as:
D<INF>pw</INF> = V<INF>pw</INF> x [rho] x k x 0.25/100
Where,
V<INF>pw</INF> = the prewash fill volume of water in gallons,
[rho] = water density = 8.343 pounds (lb)/gallon for dishwashers to
be tested at a nominal inlet water temperature of 50 [deg]F (10
[deg]C), 8.250 lb/gallon for dishwashers to be tested at a nominal
inlet water temperature of 120 [deg]F (49 [deg]C), and 8.205 lb/
gallon for dishwashers to be tested at a nominal inlet water
temperature of 140 [deg]F (60 [deg]C), and
k = conversion factor from lb to g = 453.6 g/lb.
Main Wash Detergent Dosing. Determine the quantity of dry main
wash detergent, D<INF>mw,</INF> in grams (g) that results in 0.25
percent concentration by mass in the main wash fill water as:
D<INF>mw</INF> = V<INF>mw</INF> x [rho] x k x 0.25/100
Where,
V<INF>mw</INF> = the main wash fill volume of water in gallons,
and [rho] and k are as defined above.
For dishwashers that do not have a direct water line,
V<INF>mw</INF> is equal to the manufacturer reported water capacity
used in the main wash stage of the test cycle.
2.5.2.1.2 Dosage based on number of place settings. Determine
detergent dosage as specified in sections 2.10 and 2.10.1 of AHAM
DW-1-2020.
2.5.2.2 Dosage for water re-use system dishwashers. Determine
detergent dosage as specified in section 2.10.2 of AHAM DW-1-2020.
2.5.3 Detergent Placement.
Prewash and main wash detergent must be placed as specified in
sections 2.10 and 2.10.1 of AHAM DW-1-2020. For any dishwasher that
does not have a main wash detergent compartment and the manufacturer
does not recommend a location to place the main wash detergent,
place the main wash detergent directly into the dishwasher chamber.
* * * * *
[FR Doc. 2023-05588 Filed 3-22-23; 8:45 am]
BILLING CODE 6450-01-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.