Energy Conservation Program: Test Procedure for Dishwashers, 48351-48358 [2023-15725]
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48351
Rules and Regulations
Federal Register
Vol. 88, No. 143
Thursday, July 27, 2023
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.
DEPARTMENT OF ENERGY
10 CFR Parts 429 and 430
[EERE–2023–BT–TP–0007]
RIN 1904–AF50
Energy Conservation Program: Test
Procedure for Dishwashers
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Final rule.
AGENCY:
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.
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SUMMARY:
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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:
ApplianceStandardsQuestions@
ee.doe.gov.
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:
ApplianceStandardsQuestions@
ee.doe.gov.
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:
Amelia.Whiting@hq.doe.gov.
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
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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.
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))
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).
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.
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 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))
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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
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testing.4 Specifically, section 2.10
specified that Cascade® 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® CompleteTM Powder
formulation.
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 thencurrently 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
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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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 volumebased 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 watervolume-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.
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TABLE I.1—LIST OF COMMENTERS WITH WRITTEN SUBMISSIONS IN RESPONSE TO THE MARCH 2023 NOPR
Reference in this final rule
Hodgson ..............................................................
Association of Home Appliance Manufacturers ..
Hodgson ..............................................................
AHAM ..................................................................
A parenthetical reference at the end of
a comment quotation or paraphrase
provides the location of the item in the
public record.5
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
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Comment No.
in the docket
Commenter(s)
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)
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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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 volumebased 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
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Commenter type
2
3
Individual.
Trade Association.
conjunction with the water volumebased 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)
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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 volumebased 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)
DOE appreciates the additional data
provided by AHAM and observes that
the data suggest that the water volumebased 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
6 DOE understands the new dosing method to
refer to the place-setting based dosing method.
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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
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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
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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
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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-ofinformation 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.
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48355
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.
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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
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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-generalcounsel. 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
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Fmt 4700
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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,
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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.
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
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.
2. Amend § 429.19 by revising
paragraph (b)(3)(vi) to read as follows:
■
Dishwashers.
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*
*
*
*
*
(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:
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§ 429.134 Product-specific enforcement
provisions.
*
Signed in Washington, DC, on July 20,
2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S.
Department of Energy.
§ 429.19
(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.
■ 3. Amend § 429.134 by adding
paragraph (z)(2) to read as follows:
*
*
*
*
(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
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.
5. Amend appendix C1 to subpart B of
part 430 by:
■ a. Revising the introductory note and
sections 2.5 and 2.5.1;
■ b. Removing sections 2.5.1.1 and
2.5.1.2;
■ c. Revising section 2.5.2; and
■ 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:
■
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48357
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
§ 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 § 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 × r × k × 0.25/100
where,
Vpw = the prewash fill volume of water in
gallons,
r = water density = 8.343 pounds (lb)/gallon
for dishwashers to be tested at a nominal
inlet water temperature of 50 °F (10 °C),
8.250 lb/gallon for dishwashers to be
tested at a nominal inlet water
temperature of 120 °F (49 °C), and 8.205
lb/gallon for dishwashers to be tested at
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a nominal inlet water temperature of
140 °F (60 °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 × r × k × 0.25/100
where,
Vmw = the main wash fill volume of water in
gallons, and
r 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.
*
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*
*
*
[FR Doc. 2023–15725 Filed 7–26–23; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2022–0197; Airspace
Docket No. 21–AAL–17]
RIN 2120–AA66
Amendment of United States Area
Navigation (RNAV) Route T–226;
Central, AK
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
This action amends United
States Area Navigation (RNAV) route T–
226 in the vicinity of Central, AK, in
support of a large and comprehensive Troute modernization project for the state
of Alaska.
DATES: Effective date 0901 UTC, October
5, 2023. The Director of the Federal
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SUMMARY:
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Register approves this incorporation by
reference action under 1 CFR part 51,
subject to the annual revision of FAA
Order JO 7400.11 and publication of
conforming amendments.
ADDRESSES: A copy of the Notice of
Proposed Rulemaking (NPRM), all
comments received, this final rule, and
all background material may be viewed
online at www.regulations.gov using the
FAA Docket number. Electronic
retrieval help and guidelines are
available on the website. It is available
24 hours each day, 365 days each year.
FAA Order JO 7400.11G, Airspace
Designations and Reporting Points, and
subsequent amendments can be viewed
online at www.faa.gov/air_traffic/
publications/. You may also contact the
Rules and Regulations Group, Office of
Policy, Federal Aviation
Administration, 800 Independence
Avenue SW, Washington, DC 20591;
telephone: (202) 267–8783.
FOR FURTHER INFORMATION CONTACT:
Steven Roff, Rules and Regulations
Group, Office of Policy, Federal
Aviation Administration, 800
Independence Avenue SW, Washington,
DC 20591; telephone: (202) 267–8783.
SUPPLEMENTARY INFORMATION:
Authority for This Rulemaking
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
Subtitle I, Section 106 describes the
authority of the FAA Administrator.
Subtitle VII, Aviation Programs,
describes in more detail the scope of the
agency’s authority. This rulemaking is
promulgated under the authority
described in Subtitle VII, Part A,
Subpart I, Section 40103. Under that
section, the FAA is charged with
prescribing regulations to assign the use
of the airspace necessary to ensure the
safety of aircraft and the efficient use of
airspace. This regulation is within the
scope of that authority as it expands the
availability of RNAV in Alaska and
improves the efficient flow of air traffic
within the National Airspace System
(NAS) by lessening the dependency on
ground-based navigation.
History
The FAA published an NPRM for
Docket No. FAA–2022–0197 in the
Federal Register (87 FR 13666; March
10, 2022), amending RNAV route T–226
in the vicinity of Central, AK, in support
of a large and comprehensive T-route
modernization project for the state of
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Fmt 4700
Sfmt 4700
Alaska. Interested parties were invited
to participate in this rulemaking effort
by submitting comments on the
proposal. One positive comment was
received.
The commenter supported the FAA’s
Next Generation Transportation System
(NextGen) NAS transition efforts and
the proposal to remove the waypoints
(WP) not required for T–226 in the
affected areas in the State of Alaska. The
commenter offered that the FAA’s
actions were beneficial to improving
compliance results, creating a better
safety culture, and preventing accidents
along the air routes. The commentor
closed with support for the FAA’s
approval of the proposed action.
Incorporation by Reference
United States Area Navigation Routes
are published in paragraph 6011 of FAA
Order JO 7400.11 Airspace Designations
and Reporting Points, which is
incorporated by reference in 14 CFR
71.1 on an annual basis. This document
amends the current version of that
order, FAA Order JO 7400.11G, dated
August 19, 2022, and effective
September 15, 2022. FAA Order JO
7400.11G is publicly available as listed
in the ADDRESSES section of this
document. These amendments will be
published in the next update to FAA
Order JO 7400.11.
FAA Order JO 7400.11G lists Class A,
B, C, D, and E airspace areas, air traffic
service routes, and reporting points.
The Rule
This action amends 14 CFR part 71 by
amending RNAV route T–226 in the
vicinity of Central, AK, in support of a
large comprehensive T-route
modernization project for the state of
Alaska. The amendment is described
below.
T–226: T–226 extends between the
Johnstone Point, AK, Very High
Frequency (VHF) Omnidirectional
Range/Distance Measuring Equipment
(VOR/DME) and the Fort Yukon, AK,
VHF Omnidirectional Range/Tactical
Air Navigation (VORTAC) navigational
aid. This action removes the FIDAL, AK;
ROBES, AK; KLUNG, AK; DOZEY, AK;
PAXON, AK; and DONEL, AK, Fixes
and the HEXAX, AK, WP from the route
description since they are not required
to retain the route’s structure. The Fixes
and WP will remain in the National
Airspace System Resource database and
continue to be depicted on IFR En Route
charts.
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]]>Agencies
[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]
========================================================================
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
