[Federal Register Volume 88, Number 143 (Thursday, July 27, 2023)]
[Rules and Regulations]
[Pages 48351-48358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15725]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 88 , No. 143 / Thursday, July 27, 2023 /
Rules and Regulations
[[Page 48351]]
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: Final rule.
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SUMMARY: In this final rule, the U.S. Department of Energy (``DOE'') is
adding clarifying instructions to the dishwasher test procedure
regarding the allowable dosing options for each type of detergent;
clarifying the existing detergent reporting requirements; and adding 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).
DATES: The effective date of this rule is August 28, 2023. The
amendments will be mandatory for product testing starting January 23,
2024. The incorporation by reference of certain material listed in this
rule was approved by the Director of the Federal Register as of
February 17, 2023.
ADDRESSES: The docket, which includes Federal Register notices,
comments, and other supporting documents/materials, is available for
review at www.regulations.gov. All documents in the docket are listed
in the www.regulations.gov index. However, not all documents listed in
the index may be publicly available, such as those containing
information that is exempt from public disclosure.
A link to the docket web page can be found at www.regulations.gov/docket/EERE-2023-BT-TP-0007. The docket web page contains instructions
on how to access all documents, including public comments, in the
docket.
For further information on how to review the docket contact the
Appliance and Equipment Standards Program staff at (202) 287-1445 or by
email: [email protected].
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:
[email protected].
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:
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Authority and Background
A. Authority
B. Background
C. Deviation from Appendix A
II. Discussion
A. Appendix C1 Amendments
B. Certification Reporting Provisions for Dishwashers
C. Enforcement Testing Provisions for Dishwashers
III. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866, 13563, and 14094
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
L. Congressional Notification
IV. Approval of the Office of the Secretary
I. Authority and Background
Dishwashers are included in the list of ``covered products'' for
which the U.S. Department of Energy (``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 in the Code of Federal Regulations (``CFR'') at 10
CFR 430.23(c); appendix C1 to subpart B of part 430 (``appendix C1'');
and appendix C2 to subpart B of part 430 (``appendix C2'').\1\ The
following sections discuss DOE's authority to establish and amend test
procedures for dishwashers and relevant background information
regarding DOE's consideration of test procedures for this equipment.
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\1\ Use of appendix C1 is required to demonstrated compliance
with the currently applicable energy conservation standards for
dishwashers. Use of appendix C2 will be required to determine
compliance with any amended standards for dishwashers published
after January 1, 2023.
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A. Authority
The Energy Policy and Conservation Act, Public Law 94-163, as
amended (``EPCA''),\2\ authorizes DOE to regulate the energy efficiency
of several consumer products and certain industrial equipment. (42
U.S.C. 6291-6317) Title III, Part B of EPCA \3\ 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. 6291-6309) These products include dishwashers,
the subject of this document. (42 U.S.C. 6292(a)(6))
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\2\ 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.
\3\ 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).
[[Page 48352]]
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 under EPCA (42 U.S.C. 6295(s)), and (2)
making other representations about the efficiency of those products (42
U.S.C. 6293(c)). Similarly, DOE must use these test procedures to
determine whether the products comply with any 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 EPCA
requirement that, at least once every 7 years, DOE review the test
procedure for dishwashers. (42 U.S.C. 6293(b)(1)(A))
B. Background
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).
On January 18, 2023, DOE published a final rule (``January 2023 Final
Rule'') that, in addition to establishing a new appendix C2 test
procedure that requires use of Cascade Complete Powder detergent,
amended appendix C1 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, among several other updates. 88 FR 3234, 3428. The effective
date of amended appendix C1 was February 17, 2023, and use of the
amended appendix C1 is mandatory for product testing starting July 17,
2023. Use of appendix C2 will be required to determine compliance with
any amended standards for dishwashers published after January 1, 2023.
Prior to the amendments of the January 2023 Final Rule, section
2.10 of appendix C1 specified the detergent type and dosage that must
be used for testing.\4\ Specifically, section 2.10 specified that
Cascade[supreg] with the Grease Fighting Power of DawnTM
must be used, and detergent dosage must be calculated based on the
prewash (if any) and main wash fill water volumes. Appendix C1 to
subpart B of 10 CFR part 430 (2022). However, Cascade with the Grease
Fighting Power of Dawn has been discontinued and has been replaced on
the market with the Cascade[supreg] CompleteTM Powder
formulation.
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\4\ As amended by the January 2023 Final Rule, section 2.5 of
appendix C1 specifies the detergent type and dosage that must be
used for testing.
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Previously, 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 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 Cascade
Complete Powder formulation to conduct testing according to 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 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 10
CFR 429.110, respectively, would be performed using the same detergent
used by the manufacturer for certifying compliance with the energy
conservation standards. Id. at 87 FR 43969.
In the January 2023 Final Rule, DOE amended appendix C1 to specify
that Cascade Complete Powder detergent may alternately be used for
testing dishwashers in conjunction with the detergent dosing
requirement that is based on the number of place settings rather than
wash water fill volumes, among several other updates. 88 FR 3234, 3247-
3248. DOE stated in the January 2023 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 Cascade with
the Grease Fighting Power of Dawn detergent. Id. at 88 FR 3247. DOE
also stated that by maintaining the use of Cascade with the Grease
Fighting Power of Dawn detergent and water volume-based dosing
requirements, manufacturers would not be required to re-test currently
certified dishwashers. Id.
In specifying the place settings-based detergent dosing requirement
for Cascade Complete Powder in appendix C1 in the January 2023 Final
Rule, DOE did not intend to require manufacturers who have already
certified dishwashers using Cascade Complete Powder in conjunction with
the water volume-based detergent dosing requirement to re-test and re-
certify using the place settings-based detergent dosing requirement. To
make explicit DOE's intent, on March 23, 2023, DOE published a notice
of proposed rulemaking (``March 2023 NOPR'') proposing amendments to
the test procedure at appendix C1 to explicitly allow the use of
Cascade Complete Powder detergent with the water-volume-based detergent
dosing requirements. 88 FR 17419, 17421. In addition to the appendix C1
proposed amendments, DOE proposed to amend certification reporting
instructions at 10 CFR 429.19(b)(3) to specify the applicable dates for
each detergent formulation and dosing combination in the March 2023
NOPR. DOE also proposed adding a product-specific enforcement provision
for dishwashers at 10 CFR 429.134(z)(2) to explicitly 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. 88 FR 17419, 17421-17422.
DOE received comments in response to the March 2023 NOPR from the
interested parties listed in Table I.1.
[[Page 48353]]
Table I.1--List of Commenters With Written Submissions in Response to the March 2023 NOPR
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Reference in this Comment No. in
Commenter(s) final rule the docket Commenter type
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Hodgson............................ Hodgson............... 2 Individual.
Association of Home Appliance AHAM.................. 3 Trade Association.
Manufacturers.
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A parenthetical reference at the end of a comment quotation or
paraphrase provides the location of the item in the public record.\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-2023-BT-TP-0007,
which is maintained at www.regulations.gov) The references are
arranged as follows: (commenter name, comment docket ID number, page
of that document).
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C. Deviation From the Process Rule
In the March 2023 NOPR, DOE noted that it was deviating from the
provision in section 8(a) of 10 CFR part 430, subpart C, appendix A
(``the Process Rule''), regarding the early assessment process in a
test procedure rulemaking. 88 FR 17419, 17421. Section 8(a) of the
Process Rule 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.
AHAM commented that it supported the deviation from section 8(a) of
the Process Rule, as the circumstances provided in the March 2023 NOPR
justify the deviation. (AHAM, No. 3 at p. 2)
As discussed in the March 2023 NOPR, DOE is conducting this
rulemaking to address a single specific issue rather than comply with
the 7-year lookback requirement prescribed by EPCA. 88 FR 17419, 17421.
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 the Process Rule regarding the early assessment
process.
II. Discussion
A. General Comments
AHAM commented that it appreciated DOE's swift guidance and test
procedure change to improve repeatability and reproducibility of the
test procedure and reduce undue testing burden on manufacturers. AHAM
also urged DOE to publish a final rule as quickly as possible. (AHAM,
No. 3 at p. 3)
DOE appreciates AHAM's comments. DOE's intention with this final
rule is to improve the clarity of the amended appendix C1 and reduce
burden to manufacturers. Further, DOE has worked to move swiftly with
this rulemaking so that this final rule could be published prior to the
July 17, 2023, mandatory compliance date of the amended appendix C1
established by January 2023 Final Rule.
Hodgson opposed DOE's proposal, stating that consumer demand and
transparent labeling of energy and water consumption would be
sufficient to drive efficiency without further rulemaking. (Hodgson,
No. 2 at p. 1)
In response to Hodgson, the March 2023 NOPR did not propose any
changes with respect to the energy conservation standards applicable to
dishwashers. As supported by AHAM's comment describing the results of
its testing, the amendments proposed in the March 2023 NOPR would not
be expected to change the measured energy and water use of dishwashers.
B. 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 appendix
C1 (87 FR 43952, 43969-43970), it did not explicitly permit the use of
Cascade Complete Powder detergent formulation with the water volume-
based dosage requirements 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 water volume-based dosage requirements or Cascade Complete
Powder detergent only with the place settings-based detergent dosing
requirement. However, in specifying the new detergent dosing
requirement for Cascade Complete Powder in appendix C1 in the January
2023 Final Rule, DOE did not intend to require manufacturers who have
already certified dishwashers using the new Cascade Complete Powder in
conjunction with the water volume-based detergent dosing requirement to
re-test and re-certify using the place settings-based detergent dosing
requirement.
Therefore, in the March 2023 NOPR, DOE proposed to amend section
2.5 of appendix C1 to explicitly allow the use of Cascade Complete
Powder detergent with either the dosage requirements based on fill
water volumes or based on number of place settings. 88 FR 17419, 17421.
DOE's proposal in the March 2023 NOPR sought to clarify the current
test procedure and prevent the need for manufacturers that have used,
or intend to use until July 17, 2023, Cascade Complete Powder detergent
with dosing based on fill water volumes rather than number of place
settings to re-test and re-certify. Id.
DOE requested feedback on its proposal to amend appendix C1 to
explicitly allow the use of Cascade Complete Powder detergent with
either the dosage requirements based on fill water volumes, or the
dosage requirements based on number of place settings until July 17,
2023. Id.
AHAM commented that it supports DOE's proposal to amend appendix C1
to explicitly allow the use of Cascade Complete Powder detergent with
either the dosage requirements based on fill water volumes or based on
number of place settings. AHAM commented that while the version of
appendix C1 prior to the January 2023 Final Rule allows the use of
Cascade with the Grease Fighting Power of Dawn detergent only with the
fill water volume-based dosing method, manufacturers are predominantly
using the Cascade Complete Powder detergent. AHAM commented that DOE's
proposal in the March 2023 NOPR would add clarity to the test procedure
and would eliminate unnecessary test burden from requiring
manufacturers to re-test models using the Cascade Complete Powder
detergent with the detergent dosing based on number of place settings.
(AHAM, No. 3 at p. 2) AHAM noted the burden reduction is especially
important in light of the significant cumulative regulatory burden
associated with DOE's proposed energy conservation standards for
several products under AHAM's scope that impact dishwasher
manufacturers. (AHAM, No. 3 at p. 3)
[[Page 48354]]
DOE appreciates AHAMs comments and notes that DOE did not intend to
require manufacturers who have already certified dishwashers using the
new Cascade Complete Powder in conjunction with the water volume-based
detergent dosing requirement to re-test and re-certify using the place
settings-based detergent dosing requirement.
AHAM additionally commented that while conducting round-robin
testing for AHAM's performance test procedure, AHAM members collected
data that showed test results for measured energy consumption between
the two detergent dosage methods were comparable. AHAM commented that
its members also do not expect that there will be a difference in
measured efficiency based on the detergent dosing method and that its
members do not believe the dosing method would impact product
performance, despite the use of potentially less detergent under the
new dosing method.\6\ (Id. at pp. 2-3)
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\6\ DOE understands the new dosing method to refer to the place-
setting based dosing method.
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DOE appreciates the additional data provided by AHAM and observes
that the data suggest that the water volume-based dosing method and the
place settings-based dosing method produce generally comparable results
for machine energy consumption. DOE notes, however, that AHAM's comment
does not specify which detergent was used for testing nor does it
provide the measured water consumption or water heating energy.
Therefore, DOE cannot draw conclusions on the rated energy and water
consumption of dishwashers from the data provided.
AHAM also commented that there was a minor error in the amended
appendix C1. Specifically, AHAM commented that in section 2.5 of
appendix C1, there are references to sections 2.6.1 and 2.6.2 for the
detergent dosing amount determination, but these sections should
instead reference sections 2.5.1 and 2.5.2. (AHAM, No. 3 at p. 3)
Regarding AHAM's comment that section 2.5 of appendix C1 as amended
by the January 2023 Final Rule improperly references sections 2.6.1 and
2.6.2, DOE notes that the amendments proposed to section 2.5 in the
March 2023 NOPR would correct these references as indicated by AHAM in
its comment.
For the reasons discussed in the March 2023 NOPR, and in
consideration of comments received by AHAM, DOE is finalizing
amendments to appendix C1 as proposed to explicitly allow, until July
17, 2023, the use of Cascade Complete Powder detergent with either the
dosage requirements based on fill water volumes, or the dosage
requirements based on number of place settings.
C. Certification Reporting Provisions for Dishwashers
In conjunction with the proposed amendment to appendix C1 as
described, DOE proposed in the March 2023 NOPR 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). 88 FR 17419, 17421. Specifically,
DOE proposed to amend 10 CFR 429.19 to specify in a new paragraph
(b)(3)(vi)(A) that before July 17, 2023, Cascade Complete Powder
detergent may be used as the basis for certification in conjunction
with either detergent dosing method (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 only in conjunction with the detergent
dosing method based on fill water volumes. 88 FR 17419, 17421-17422.
DOE further proposed to specify in a new paragraph (b)(3)(vi)(B) to
10 CFR 429.19 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 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 detergent dosing method based on fill water
volumes. DOE also proposed to clarify that manufacturers may maintain
basic model certifications made prior to July 17, 2023. 88 FR 17419,
17422.
DOE sought 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. Id.
DOE did not receive any comments on this specific topic. For the
reasons discussed, DOE is finalizing its proposal from the March 2023
NOPR regarding certification reporting provisions for dishwashers.
D. Enforcement Testing Provisions for Dishwashers
In the March 2023 NOPR, DOE proposed adding a product-specific
enforcement provision for dishwashers 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. 88 FR 17419, 17422. This proposal sought to provide greater
certainty regarding how DOE would conduct any enforcement testing for
any dishwashers certified prior to July 17, 2023, using the Cascade
Complete Powder detergent, as implicitly permitted by the July 2022
Certification Final Rule. In the March 2023 NOPR, DOE noted that it may
request any information relevant to determining compliance per the
requirements specified at 10 CFR 429.106(b), and the proposal to
request detergent dosage information for the purposes of conducting
enforcement testing would be consistent with that requirement. Id.
DOE did not receive specific comments on this topic. For the
reasons discussed, DOE is finalizing its proposal, consistent with the
March 2023 NOPR, 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 to certify compliance with the applicable energy
conservation standards.
III. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866, 13563, and 14094
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), and
amended by E.O. 14094, ``Modernizing Regulatory Review,'' 88 FR 21879
(April 11, 2023), 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, among other things, and to the extent
practicable, the costs of cumulative regulations; (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) to the extent feasible, specify
[[Page 48355]]
performance objectives, 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 final 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. This does not
constitute a significant 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 a final regulatory flexibility analysis (``FRFA'') for
any final rule where the agency was first required by law to publish a
proposed rule 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 (August 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: www.energy.gov/gc/office-general-counsel. DOE reviewed this final rule under the
provisions of the Regulatory Flexibility Act and the procedures and
policies published on February 19, 2003.
This final rule amends appendix C1 to remove uncertainty about
dishwashers that may be currently certified under appendix C1 as it
appeared prior to the January 2023 Final Rule using Cascade Complete
Powder 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 July 17, 2023, required use date of appendix C1
as amended by the January 2023 Final Rule. These amendments do not
affect the scope or substance of the currently applicable or amended
test procedure for dishwashers.
Accordingly, DOE concludes that the cost effects accruing from the
final rule would not have a ``significant economic impact on a
substantial number of small entities,'' and that the preparation of a
FRFA is not warranted. DOE has submitted a 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 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 amending the certification or reporting requirements for
dishwashers in this final rule, rather it is clarifying the
certification requirements.
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 final rule, DOE is adding 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 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 (August 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 examined this final
rule and determined that it will 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 final 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.
[[Page 48356]]
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,
this final 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 regulatory action resulting 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 www.energy.gov/gc/office-general-counsel. DOE examined this final
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 final rule will 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 and Interference with Constitutionally Protected Property
Rights'' 53 FR 8859 (March 18, 1988), that this regulation will 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 www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf. DOE has
reviewed this final 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 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 significant energy action, the
agency must give a detailed statement of any adverse effects on energy
supply, distribution, or use if the regulation is implemented, and of
reasonable alternatives to the action and their expected benefits on
energy supply, distribution, and use.
This regulatory action 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 was previously approved for incorporation by
reference into the provisions where they appear in this rulemaking and
no change to the standard is being made: AHAM DW-1-2020.
L. Congressional Notification
As required by 5 U.S.C. 801, DOE will report to Congress on the
promulgation of this rule prior to its effective date. The report will
state that it has been determined that the rule is not a ``major rule''
as defined by 5 U.S.C. 804(2).
IV. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this final
rule.
List of Subjects
10 CFR Part 429
Administrative practice and procedure, Confidential business
information, Energy conservation, Household appliances, Imports,
[[Page 48357]]
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 July 19,
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 July 20, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
For the reasons stated in the preamble, DOE amends 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. Amend Sec. 429.19 by revising 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 to subpart B of part 430. 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.
(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 to subpart B of part 430. 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. Manufacturers may
maintain existing basic model certifications made prior to July 17,
2023, consistent with the provisions of paragraph (b)(3)(vi)(A) of this
chapter.
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:
0
a. Revising the introductory note and sections 2.5 and 2.5.1;
0
b. Removing sections 2.5.1.1 and 2.5.1.2;
0
c. Revising section 2.5.2; and
0
d. Adding sections 2.5.2.1, 2.5.2.1.1, 2.5.2.1.2, 2.5.2.2, and 2.5.3.
The revisions and additions read as follows:
Appendix C1 to Subpart B of Part 430--Uniform Test Method for Measuring
the Energy Consumption of Dishwashers
Note: Before January 23, 2024, manufacturers must use the
results of testing under this appendix as codified on August 28,
2023, 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 January
23, 2024, 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 this subpart 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. The regulation at 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, Dpw, in grams (g) that results in 0.25 percent
concentration by mass in the prewash fill water as:
Dpw = Vpw x [rho] x k x 0.25/100
where,
Vpw = 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
[[Page 48358]]
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, Dmw, in grams (g) that results in 0.25
percent concentration by mass in the main wash fill water as:
Dmw = Vmw x [rho] x k x 0.25/100
where,
Vmw = 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,
Vmw 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. 2023-15725 Filed 7-26-23; 8:45 am]
BILLING CODE 6450-01-P