Energy Conservation Program: Energy Conservation Standards for Dishwashers, Residential Clothes Washers, and Consumer Clothes Dryers, 17338-17343 [2024-04772]
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Federal Register / Vol. 89, No. 48 / Monday, March 11, 2024 / Proposed Rules
The revisions and additions read as
follows:
§ 205.2
Terms defined.
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Compost. The product of a managed
process through which microorganisms
break down plant and animal materials
into more available forms suitable for
application to the soil or as a
component of mushroom substrate.
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Crop. Pastures, cover crops, green
manure crops, catch crops, mushrooms,
or any plant or part of a plant intended
to be marketed as an agricultural
product, fed to livestock, or used in the
field to manage nutrients and soil
fertility.
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Mushroom. The edible, fleshy, sporebearing fruiting body of a fungus.
Mushroom substrate. The base
material, such as grain, wood, and/or
other agricultural materials, from which
mushrooms are cultivated or grown.
This base material can include
composted material.
Mycelium. A mass of branching,
thread-like hyphae (fungal structures).
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Pet. Any domestic animal not used for
the production and sale of food, fiber, or
other agricultural-based consumer
products.
Pet food. Any commercial feed
prepared and distributed for pet
consumption.
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Spawn. Spawn media that has been
colonized by mycelium, which is used
to inoculate mushroom substrates.
Spawn media. A carrier, such as
grains or minerals, that, when colonized
with mycelium, creates spawn.
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Wild crop. Any mushroom, plant, or
portion of a plant that is collected or
harvested from a site that is not
maintained under cultivation or other
agricultural management.
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■ 3. Add § 205.210 to read as follows:
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§ 205.210 Mushroom production practice
standard.
(a) The producer must manage
mushroom production in accordance
with the provisions of §§ 205.200,
205.201, 205.202 as applicable,
205.203(e), 205.206(a)(2) and(3), and
205.206(b) through (f). The producer
may manage crop nutrients for
mushroom production in accordance
with the provisions of § 205.203(d)(1)
through (5).
(b) The producer must manage
mushroom substrate and spawn media,
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including spent mushroom substrate
and spawn media, in a manner that does
not contribute to contamination of
crops, spawn, mushroom substrate, soil,
or water by pathogenic organisms,
heavy metals, or residues of prohibited
substances.
(c) Mushroom substrate and spawn
media may be composed of the
following materials in accordance with
the conditions specified in this
paragraph (c):
(1) Composted plant and animal
materials. Compost used in mushroom
production must be described in the
organic system plan. It must be
produced through a process that
maintains a temperature of at least
131 °F for at least three days;
(2) Uncomposted plant materials.
Uncomposted plant materials must be
organically produced: Except, that,
nonorganically produced uncomposted
plant materials may be used in
mushroom production when an
equivalent organically produced variety
is not commercially available.
Prohibited substances may not be
applied to nonorganically produced
uncomposted plant materials after
harvest.
(3) Nonsynthetic substances, except
those on the National List of
nonsynthetic substances prohibited for
use in organic crop production
(§ 205.602); and
(4) Synthetic substances on the
National List of synthetic substances
allowed for use in organic crop
production (§ 205.601).
(d) Spawn must be organic: Except,
that, nonorganic spawn may be used to
produce an organic crop when an
equivalent organically managed variety
is not commercially available. Organic
spawn must use organic agricultural
products as the spawn media and be
under continuous organic management
after the mycelium is applied to the
organic spawn media.
■ 4. Amend § 205.270 by redesignating
paragraph (c) as paragraph (d) and
adding new paragraph (c) to read as
follows:
§ 205.270
Organic handling requirements.
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(c) In addition to the substances
described in paragraph (b) of this
section, substances allowed under
§ 205.603(d)(2) and (3) may be used in
or on pet food intended to be sold,
labeled, or represented as ‘‘organic’’ or
‘‘made with organic (specified
ingredients or food group(s)),’’ pursuant
to § 205.301(b) and (c). Pet food labeled
as organic must be labeled pursuant to
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the applicable portions of subpart D of
this part.
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■ 5. Amend § 205.601 by revising
paragraphs (i) introductory text and (j)
introductory text to read as follows:
§ 205.601 Synthetic substances allowed
for use in organic crop production.
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(i) As crop disease control.
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(j) As crop or soil amendments.
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■ 6. Amend § 205.605 by redesignating
paragraphs (b)(36) and (37) as
paragraphs (b)(37) and (38),
respectively, and adding new paragraph
(b)(36) to read as follows:
§ 205.605 Nonagricultural (nonorganic)
substances allowed as ingredients in or on
processed products labeled as ‘‘organic’’ or
‘‘made with organic (specified ingredients
or food group(s)).’’
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(b) * * *
(36) Taurine—for use only in pet food.
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Erin Morris,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2024–04973 Filed 3–8–24; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF ENERGY
10 CFR Part 430
[EERE–2024–BT–STD–0002]
Energy Conservation Program: Energy
Conservation Standards for
Dishwashers, Residential Clothes
Washers, and Consumer Clothes
Dryers
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Request for information.
AGENCY:
In light of the United States
Court of Appeals for the Fifth Circuit
recently granting a petition for review of
a final rule published by the U.S.
Department of Energy (‘‘DOE’’) on
January 19, 2022, and remanding the
matter to DOE for further proceedings,
DOE is initiating an information and
data gathering effort on whether ‘‘shortcycle’’ product classes for dishwashers,
residential clothes washers, and
consumer clothes dryers are warranted
under the Energy Policy and
Conservation Act. In this request for
information, DOE solicits data and
information from the public to help
SUMMARY:
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DOE in its rulemaking to evaluate
whether: products with a ‘‘short cycle’’
as the normal cycle are available in the
market; and products with a ‘‘short
cycle’’ as the normal cycle should be
subject to different standards than
products without a ‘‘short cycle’’ as the
normal cycle.
DATES: Written comments and
information are requested and will be
accepted on or before April 10, 2024.
ADDRESSES: Interested persons are
encouraged to submit comments using
the Federal eRulemaking Portal at
www.regulations.govunder docket
number EERE–2024–BT–STD–0002.
Follow the instructions for submitting
comments. Alternatively, interested
persons may submit comments may
submit comments, identified by docket
number EERE–2024–BT–STD–0002, by
any of the following methods:
(1) Email: ShortCycle2024STD0002@
ee.doe.gov. Include the docket number
EERE–2024–BT–STD–0002 in the
subject line of the message.
(2) Postal Mail: Appliance and
Equipment Standards Program, U.S.
Department of Energy, Building
Technologies Office, Mailstop EE–5B,
1000 Independence Avenue SW,
Washington, DC 20585–0121.
Telephone: (202) 287–1445. If possible,
please submit all items on a compact
disc (‘‘CD’’), in which case it is not
necessary to include printed copies.
(3) Hand Delivery/Courier: Appliance
and Equipment Standards Program, U.S.
Department of Energy, Building
Technologies Office, 1000
Independence Ave. SW, Washington,
DC 20585–0121. Telephone: (202) 287–
1445. If possible, please submit all items
on a CD, in which case it is not
necessary to include printed copies.
No telefacsimiles (‘‘faxes’’) will be
accepted. For detailed instructions on
submitting comments and additional
information on this process, see section
III of this document.
Docket: The docket for this activity,
which includes Federal Register
notices, comments, and other
supporting documents/materials, is
available for review at
www.regulations.gov. All documents in
the docket are listed in the
www.regulations.gov index. However,
some documents listed in the index,
such as those containing information
that is exempt from public disclosure,
may not be publicly available.
The docket web page can be found at
www.regulations.gov/docket/EERE2024-BT-STD-0002. The docket web
page contains instructions on how to
access all documents, including public
comments, in the docket. See section III
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for information on how to submit
comments through
www.regulations.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.
Mr. Pete Cochran, U.S. Department of
Energy, Office of the General Counsel,
GC–33, 1000 Independence Avenue SW,
Washington, DC 20585–0121.
Telephone: (202) 586–9496. Email:
Peter.Cochran@hq.doe.gov.
For further information on how to
submit a comment, or review other
public comments and the docket,
contact the Appliance and Equipment
Standards Program staff at (202) 287–
1445 or by email:
ApplianceStandardsQuestions@
ee.doe.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
A. Authority
B. History of Rulemakings for Short-Cycle
Dishwashers, Residential Clothes
Washers, and Consumer Clothes Dryers
II. Request for Information and Comments
III. Submission of Comments
IV. Approval of the Office of the Secretary
I. Introduction
The following section briefly
discusses the statutory authority
underlying this request for information
(‘‘RFI’’), as well as some of the historical
background relevant to dishwashers,
residential clothes washers (‘‘RCWs’’),
and consumer clothes dryers.
A. Authority
The Energy Policy and Conservation
Act, Public Law 94–163, as amended
(‘‘EPCA’’),1 authorizes DOE to regulate
the energy efficiency of a number of
consumer products and certain
industrial equipment. (42 U.S.C. 6291–
6317, as codified) Title III, Part B of
EPCA 2 established the Energy
Conservation Program for Consumer
Products Other Than Automobiles. (42
U.S.C. 6291–6309) These products
include dishwashers, RCWs, and
consumer clothes dryers, the subjects of
1 All references to EPCA in this document refer
to the statute as amended through the Energy Act
of 2020, Public Law 116–260 (Dec. 27, 2020), which
reflect the last statutory amendments that impact
Parts A and A–1 of EPCA.
2 For editorial reasons, upon codification in the
U.S. Code, Part B was redesignated Part A.
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this document. (42 U.S.C. 6292(a)(6),
(7), and (8), respectively)
The energy conservation program
under EPCA consists essentially of four
parts: (1) testing, (2) labeling, (3) the
establishment of Federal energy
conservation standards, and (4)
certification and enforcement
procedures. Relevant provisions of
EPCA 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).
Federal energy efficiency
requirements for covered products
established under EPCA generally
supersede State laws and regulations
concerning energy conservation testing,
labeling, and standards. (42 U.S.C.
6297(a)–(c)) DOE may, however, grant
waivers of Federal preemption in
limited circumstances for particular
State laws or regulations, in accordance
with the procedures and other
provisions set forth under EPCA. (42
U.S.C. 6297(d))
Subject to certain criteria and
conditions, DOE is required to develop
test procedures to measure the energy
efficiency, energy use, or estimated
annual operating cost of each covered
product. (42 U.S.C. 6295(r))
Manufacturers of covered products must
use the prescribed DOE test procedure
as the basis for certifying to DOE that
their product complies with the
applicable energy conservation
standards and as the basis for any
representations regarding the energy use
or energy efficiency of the product. (42
U.S.C. 6295(s) and 42 U.S.C. 6293(c)).
Similarly, DOE must use these test
procedures to evaluate whether a basic
model complies with the applicable
energy conservation standard(s). (42
U.S.C. 6295(s)). The DOE test
procedures for dishwashers appear at
title 10 of the Code of Federal
Regulations (CFR) part 430, subpart B,
appendices C1 and C2. The DOE test
procedures for RCWs appear at 10 CFR
part 430, subpart B, appendices J and J2.
The DOE test procedures for consumer
clothes dryers appear at 10 CFR part
430, subpart B, appendices D1 and D2.
EPCA prescribed energy conservation
standards for dishwashers, RCWs, and
consumer clothes dryers (42 U.S.C.
6295(g)(1) and (10)(A); 42 U.S.C.
6295(g)(2) and (9)(A); and 42 U.S.C.
6295(g)(3)) and directed DOE to conduct
future rulemakings to determine
whether to amend these standards. (42
U.S.C. 6295(g)(4) and (10)(B); 42 U.S.C.
6295(g)(4) and (9)(B); and 42 U.S.C.
6295(g)(4)) Not later than six years after
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the issuance of any final rule
establishing or amending a standard,
DOE must publish either a notice of
determination (‘‘NOPD’’) that standards
for the product do not need to be
amended, or a NOPR including new
proposed energy conservation standards
(proceeding to a final rule, as
appropriate). (42 U.S.C. 6295(m)(1))
DOE must make the analysis on which
a NOPD or NOPR is based publicly
available and provide an opportunity for
written comment. (42 U.S.C. 6295(m)(2))
Not later than two years after a NOPR
is issued, DOE must publish a final rule
amending the energy conservation
standard for the product. (42 U.S.C.
6295(m)(3)(A))
DOE must follow specific statutory
criteria for prescribing new or amended
standards for covered products,
including dishwashers, RCWs, and
consumer clothes dryers. Any new or
amended standard for a covered product
must be designed to achieve the
maximum improvement in energy
efficiency that the Secretary of Energy
(‘‘Secretary’’) determines is
technologically feasible and
economically justified. (42 U.S.C.
6295(o)(2)(A)) Furthermore, DOE may
not adopt any standard that would not
result in the significant conservation of
energy. (42 U.S.C. 6295(o)(3)(B))
Moreover, DOE may not prescribe a
standard if DOE determines by rule that
the establishment of such standard will
not result in significant conservation of
energy (or, for certain products, water),
or is not technologically feasible or
economically justified. (42 U.S.C.
6295(o)(3)(B)) In deciding whether a
proposed standard is economically
justified, DOE must determine whether
the benefits of the standard exceed its
burdens. (42 U.S.C. 6295(o)(2)(B)(i))
DOE must make this determination after
receiving comments on the proposed
standard, and by considering, to the
greatest extent practicable, the following
seven statutory factors:
(1) The economic impact of the
standard on manufacturers and
consumers of the products subject to the
standard;
(2) The savings in operating costs
throughout the estimated average life of
the covered products in the type (or
class) compared to any increase in the
price, initial charges, or maintenance
expenses for the covered products that
are likely to result from the standard;
(3) The total projected amount of
energy (or as applicable, water) savings
likely to result directly from the
standard;
(4) Any lessening of the utility or the
performance of the covered products
likely to result from the standard;
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(5) The impact of any lessening of
competition, as determined in writing
by the Attorney General, that is likely to
result from the standard;
(6) The need for national energy and
water conservation; and
(7) Other factors the Secretary
considers relevant.
(42 U.S.C. 6295(o)(2)(B)(i)(I)–(VII))
Further, EPCA, as codified,
establishes a rebuttable presumption
that a standard is economically justified
if the Secretary finds that the additional
cost to the consumer of purchasing a
product complying with an energy
conservation standard level will be less
than three times the value of the energy
savings during the first year that the
consumer will receive as a result of the
standard, as calculated under the
applicable test procedure. (42 U.S.C.
6295(o)(2)(B)(iii))
EPCA, as codified, also contains what
is known as an ‘‘anti-backsliding’’
provision, which prevents the Secretary
from prescribing any amended standard
that either increases the maximum
allowable energy use or decreases the
minimum required energy efficiency of
a covered product. (42 U.S.C.
6295(o)(1)) Also, the Secretary may not
prescribe an amended or new standard
if interested persons have established by
a preponderance of the evidence that
the standard is likely to result in the
unavailability in the United States in
any covered product type (or class) of
performance characteristics (including
reliability), features, sizes, capacities,
and volumes that are substantially the
same as those generally available in the
United States. (42 U.S.C. 6295(o)(4))
Additionally, EPCA specifies
requirements when promulgating an
energy conservation standard for a
covered product that has two or more
subcategories. A rule prescribing an
energy conservation standard for a type
(or class) of product must specify a
different standard level for a type or
class of products that has the same
function or intended use if DOE
determines that products within such
group (A) consume a different kind of
energy from that consumed by other
covered products within such type (or
class); or (B) have a capacity or other
performance-related feature which other
products within such type (or class) do
not have and such feature justifies a
higher or lower standard. (42 U.S.C.
6295(q)(1)) In determining whether a
performance-related feature justifies a
different standard for a group of
products, DOE considers such factors as
the utility to the consumer of such a
feature and other factors DOE deems
appropriate. Id. Any rule prescribing
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such a standard must include an
explanation of the basis on which such
higher or lower level was established.
(42 U.S.C. 6295(q)(2))
Finally, pursuant to the amendments
to EPCA contained in the Energy
Independence and Security Act of 2007,
Public Law 110–140, any final rule for
new or amended energy conservation
standards promulgated after July 1,
2010, is required to address standby
mode and off mode energy use. (42
U.S.C. 6295(gg)(3)) Specifically, when
DOE adopts a standard for a covered
product after that date, it must, if
justified by the criteria for adoption of
standards under EPCA (42 U.S.C.
6295(o)), incorporate standby mode and
off mode energy use into a single
standard, or, if that is not feasible, adopt
a separate standard for such energy use
for that product. (42 U.S.C.
6295(gg)(3)(A)–(B)) DOE’s current test
procedures and standards for
dishwashers, RCWs, and consumer
clothes dryers address standby mode
and off mode energy use.
B. History of Rulemakings for ShortCycle Dishwashers, Residential Clothes
Washers, and Consumer Clothes Dryers
The Administrative Procedure Act
(‘‘APA’’), 5 U.S.C. 551 et seq., provides
among other things, that ‘‘[e]ach agency
shall give an interested person the right
to petition for the issuance, amendment,
or repeal of a rule.’’ (5 U.S.C. 553(e))
Pursuant to this provision of the APA,
the Competitive Enterprise Institute
(‘‘CEI’’) petitioned DOE for the issuance
of a rule establishing a new product
class under 42 U.S.C. 6295(q) that
would cover dishwashers with a cycle
time of less than one hour from washing
through drying.3 On October 30, 2020,
DOE published a final rule that
established a product class for standardsize dishwashers with a cycle time for
the normal cycle 4 of 60 minutes or less.
85 FR 68723 (‘‘October 2020 Final
Rule’’).
Following this, having determined
that similarities exist between the
consumer use of dishwashers, RCWs,
and consumer clothes dryers (i.e.,
products that provide consumer utility
over discrete cycles with programmed
cycle times, and consumers run these
cycles multiple times per week on
average), DOE published a final rule on
December 16, 2020, that established
product classes for top-loading RCWs
and certain classes of consumer clothes
3 Available at www.regulations.gov/document/
EERE-2018-BT-STD-0005-0006.
4 Through the remainder of this document, DOE
uses the term ‘‘normal cycle’’ to refer to the cycle
required for test under the applicable DOE test
procedure.
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dryers with a cycle time of less than 30
minutes, and front-loading RCWs with a
cycle time of less than 45 minutes. 85
FR 81359 (‘‘December 2020 Final
Rule’’).
The October 2020 Final Rule and the
December 2020 Final Rule specified that
the short-cycle product classes created
by their respective rules are not
currently subject to energy or water
conservation standards. 85 FR 68723,
68742; 85 FR 81359, 81376.
On January 19, 2022, DOE published
a final rule (‘‘January 2022 Final Rule’’)
revoking the October 2020 Final Rule
and the December 2020 Final Rule on
the basis that those earlier rules resulted
in amended energy conservation
standards for the short-cycle product
classes, but did not determine whether
relevant statutory criteria for amending
standards were met. 87 FR 2673. The
January 2022 Final Rule reinstated the
prior product classes and applicable
standards for these covered products. Id.
On March 17, 2022, various States
filed a petition in the Fifth Circuit Court
of Appeals seeking review of a final rule
revoking two final rules that established
product classes for residential
dishwashers with a cycle time for the
normal cycle of 60 minutes or less, toploading RCWs and certain classes of
consumer clothes dryers with a cycle
time of less than 30 minutes, and frontloading RCWs with a cycle time of less
than 45 minutes (collectively, ‘‘shortcycle product classes’’). The petitioners
argued that the final rule revoking the
short-cycle product classes violated
EPCA and was arbitrary and capricious.
On January 8, 2024, the United States
Court of Appeals for the Fifth Circuit
granted the petition for review and
remanded the matter to DOE for further
proceedings consistent with the Fifth
Circuit’s opinion. See Louisiana v.
United States Department of Energy, 90
F.4th 461 (5th Cir. 2024).
In this request for information, DOE is
commencing a rulemaking process on
remand from the Fifth Circuit (the
Remand Proceeding) by soliciting
further information, relevant to the
issues identified by the Fifth Circuit,
regarding any short cycle product
classes. DOE intends to use the data and
information collected in response to this
request for information to conduct the
analysis required by 42 U.S.C.
6295(q)(1)(B) to determine whether any
short-cycle products have a ‘‘capacity or
other performance-related feature [that]
. . . justifies a higher or lower standard
from that which applies (or will apply)
to other products. . . .’’
The current standards applicable to
residential clothes washers,
dishwashers, and consumers clothes
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dryers are in 10 CFR 430.32(g)(4), 10
CFR 430.32(f)(1), and 10 CFR
430.32(h)(3), respectively. In addition,
EPCA’s anti-backsliding provision
precludes DOE from prescribing any
amended standard ‘‘which increases the
maximum allowable energy use’’ of a
covered product. 42 U.S.C. 6295(o)(1).
II. Request for Information and
Comments
In this request for information, DOE is
soliciting further information, relevant
to the issues identified by the Fifth
Circuit, regarding short-cycle product
classes for dishwashers, RCWs, and
consumer clothes dryers. DOE intends
to use the data and information
collected in response to this request for
information to conduct the analysis
required by 42 U.S.C. 6295(q)(1)(B) to
determine whether short-cycle products
should be subject to a different standard
than non-short-cycle products.
In this section, DOE has identified
specific information and data on which
it seeks input regarding ‘‘short cycles’’
for dishwashers, RCWs, and consumer
clothes dryers.
As discussed, the October 2020 Final
Rule and December 2020 Final Rule
established short-cycle product classes
for dishwashers with a normal cycle
time of 60 minutes or less; top-loading
standard-size RCWs with an average
cycle time of less than 30 minutes and
front-loading standard-size RCWs with
an average cycle time of less than 45
minutes; and vented electric standardsize clothes dryers and vented gas
clothes dryers with a cycle time of less
than 30 minutes. 85 FR 68723; 85 FR
81359, 81360.
Issue 1: DOE requests information on
whether manufacturers optimize their
dishwasher, RCW, or consumer clothes
dryer normal cycles for a target cycle
length, and if so, what target cycle times
are considered. DOE requests data
indicating what a consumer-acceptable
cycle time is for the normal cycle in
dishwashers, RCWs, and consumer
clothes dryers.
Issue 2: DOE requests data indicating
how consumers trade off preferences
between cycle time and other product
characteristics.
As presented in the rulemaking
dockets for the October 2020 Final Rule
and the December 2020 Final Rule, DOE
has previously published the following
cycle time data: the results of DOE
testing of 31 standard-size dishwashers,
including Cleaning Indexes; 5 individual
test cycle and average cycle time data
for 23 top-loading standard-size RCWs
5 Available at www.regulations.gov/document/
EERE-2018-BT-STD-0005-3213.
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and 20 front-loading standard-size
RCWs tested by DOE; 6 cycle time data
for 6 vented electric standard-size and 8
vented gas consumer clothes dryers
tested by DOE; 7 and cycle time data for
an additional 245 vented electric
standard-size and 110 vented gas
consumer clothes dryers from the
ENERGY STAR product database.8
Issue 3: DOE requests information on
dishwashers, RCWs, and consumer
clothes dryers that are currently
available on the market with normal
cycle times that meet consumer
expectations of a short cycle for each
product. For any such models, DOE
requests data on the energy and water
consumption. DOE also requests data
and information on whether and how
such products contain any unique
design attributes or performance
characteristics compared to other
products with longer normal cycle
times, and what drives such differences
from a design perspective.
Issue 4: DOE seeks data regarding the
historical change in cycle times for
dishwashers, RCWs, and consumer
clothes dryers.
In addition, DOE notes that most basic
models of dishwashers, RCWs, and
consumer clothes dryers also provide
multiple cycles outside the normal
cycle. For instance, a dishwasher may
have a quick cycle, heavy cycle,
delicates, etc. in addition to the normal
cycle. These additional cycles may
provide either longer or shorter cycle
times than the normal cycle and may
also be designed to optimize other
performance characteristics or be
optimized for different loads than the
normal cycle.
Issue 5: For all models, DOE requests
comment on how manufacturers design
or optimize any shorter cycle(s) on a
given model differently than the normal
cycle on that same model. DOE further
requests information on whether any
design or performance tradeoffs are
made on these shorter cycles, and if so,
what those tradeoffs are and to what
extent they differ from the normal cycle.
Issue 6: DOE requests comment on
whether manufacturers plan to (or
would continue to) maintain two
separate product lines—one optimized
to meet consumer demand for short
cycles, and one optimized for attributes
other than cycle time—and if so, DOE
requests information on the financial
impacts of developing and maintaining
two separate product lines instead of
one. DOE further requests comment on
6 Available at www.regulations.gov/document/
EERE-2020-BT-STD-0001-0007.
7 Ibid.
8 Ibid.
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which product line manufacturers
would prioritize, if they decided to offer
only a single product line.
Issue 7: DOE requests information on
consumer preferences for: (1) a short
cycle as the normal cycle and (2) the
presence of short cycles available as
cycle types outside the normal cycle.
Issue 8: DOE requests historical
market information on any dishwashers,
RCWs, or consumer clothes dryers that
have been advertised or designed to
provide a short cycle, and the relevant
performance attributes of such products
(including but not limited to energy use,
water use, and cleaning performance).
Issue 9: For all models, not limited to
those designed for a short cycle as the
normal cycle, DOE requests data and
information about consumer behaviors
that affect energy and water
consumption, such as pre-washing,
handwashing, and running multiple
cycles on the same load, and whether
and how these behaviors may change
according to the cycle selected.
Issue 10: For all models, not limited
to those designed for a short cycle as the
normal cycle, DOE requests data
regarding cycle time and energy and
water consumption that would
demonstrate whether a separate
standard level whether higher or lower
should be considered for products with
a given cycle length pursuant to 42
U.S.C. 6295(q)(2).
III. Submission of Comments
DOE invites all interested parties to
submit in writing by the date specified
in the DATES section of this document,
comments and information on matters
addressed in this document and on
other matters relevant to short cycles for
dishwashers, RCWs, and consumer
clothes dryers.
Submitting comments via
www.regulations.gov. The
www.regulations.gov web page requires
you to provide your name and contact
information. Your contact information
will be viewable to DOE Building
Technologies Office staff only. Your
contact information will not be publicly
viewable except for your first and last
names, organization name (if any), and
submitter representative name (if any).
If your comment is not processed
properly because of technical
difficulties, DOE will use this
information to contact you. If DOE
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, DOE may not be
able to consider your comment.
However, your contact information
will be publicly viewable if you include
it in the comment or in any documents
attached to your comment. Any
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information that you do not want to be
publicly viewable should not be
included in your comment, nor in any
document attached to your comment. If
this instruction is followed, persons
viewing comments will see only first
and last names, organization names,
correspondence containing comments,
and any documents submitted with the
comments.
Do not submit to www.regulations.gov
information for which disclosure is
restricted by statute, such as trade
secrets and commercial or financial
information (hereinafter referred to as
Confidential Business Information
(‘‘CBI’’)). Comments submitted through
www.regulations.gov cannot be claimed
as CBI. Comments received through the
website will waive any CBI claims for
the information submitted. For
information on submitting CBI, see the
Confidential Business Information
section.
DOE processes submissions made
through www.regulations.gov before
posting. Normally, comments will be
posted within a few days of being
submitted. However, if large volumes of
comments are being processed
simultaneously, your comment may not
be viewable for up to several weeks.
Please keep the comment tracking
number that www.regulations.gov
provides after you have successfully
uploaded your comment.
Submitting comments via email, hand
delivery/courier, or postal mail.
Comments and documents submitted
via email, hand delivery/courier, or
postal mail also will be posted to
www.regulations.gov. If you do not want
your personal contact information to be
publicly viewable, do not include it in
your comment or any accompanying
documents. Instead, provide your
contact information on a cover letter.
Include your first and last names, email
address, telephone number, and
optional mailing address. The cover
letter will not be publicly viewable as
long as it does not include any
comments.
Include contact information each time
you submit comments, data, documents,
and other information to DOE. If you
submit via postal mail or hand delivery/
courier, please provide all items on a
CD, if feasible, in which case it is not
necessary to submit printed copies. No
faxes will be accepted.
Comments, data, and other
information submitted to DOE
electronically should be provided in
PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file
format. Provide documents that are not
secured, written in English and free of
any defects or viruses. Documents
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should not contain special characters or
any form of encryption and, if possible,
they should carry the electronic
signature of the author.
Campaign form letters. Please submit
campaign form letters by the originating
organization in batches of between 50 to
500 form letters per PDF or as one form
letter with a list of supporters’ names
compiled into one or more PDFs. This
reduces comment processing and
posting time.
Confidential Business Information.
Pursuant to 10 CFR 1004.11, any person
submitting information that he or she
believes to be confidential and exempt
by law from public disclosure should
submit via email two well-marked
copies: one copy of the document
marked confidential including all the
information believed to be confidential,
and one copy of the document marked
‘‘non-confidential’’ with the information
believed to be confidential deleted. DOE
will make its own determination about
the confidential status of the
information and treat it according to its
determination.
It is DOE’s policy that all comments
may be included in the public docket,
without change and as received,
including any personal information
provided in the comments (except
information deemed to be exempt from
public disclosure).
DOE considers public participation to
be a very important part of the process
for developing energy conservation
standards. DOE actively encourages the
participation and interaction of the
public during the comment period in
this process. Interactions with and
between members of the public provide
a balanced discussion of the issues and
assist DOE. Anyone who wishes to be
added to the DOE mailing list to receive
future notices and information about
this process or would like to request a
public meeting should contact
Appliance and Equipment Standards
Program staff at (202) 287–1445 or via
email at ApplianceStandards
Questions@ee.doe.gov.
IV. Approval of the Office of the
Secretary
The Secretary of Energy has approved
publication of this request for
information.
Signing Authority
This document of the Department of
Energy was signed on February 29,
2024, by Jeffrey Marootian, Principal
Deputy 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
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maintained by DOE. For administrative
purposes only, and in compliance with
requirements of the Office of the Federal
Register, the undersigned DOE Federal
Register Liaison Officer has been
authorized to sign and submit the
document in electronic format for
publication, as an official document of
the Department of Energy. This
administrative process in no way alters
the legal effect of this document upon
publication in the Federal Register.
Signed in Washington, DC, on March 1,
2024.
Treena V. Garrett,
Federal Register Liaison Officer, U.S.
Department of Energy.
[FR Doc. 2024–04772 Filed 3–8–24; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2024–0464; Project
Identifier MCAI–2022–01556–T]
RIN 2120–AA64
Airworthiness Directives; Airbus
Canada Limited Partnership (Type
Certificate Previously Held by C Series
Aircraft Limited Partnership (CSALP);
Bombardier, Inc.) Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to
supersede Airworthiness Directive (AD)
2021–09–03, which applies to certain
Airbus Canada Limited Partnership
Model BD–500–1A10 and BD–500–
1A11 airplanes. AD 2021–09–03
requires repetitive replacements of the
emergency locator transmitter (ELT)
antenna and repetitive inspections of
the exterior fuselage skin around the
ELT antenna attachment area. Since the
FAA issued AD 2021–09–03, it has been
reported that there was an in-service
failure of an ELT antenna that occurred
before the repetitive replacement
interval required by AD 2021–09–03,
and that a terminating action was
developed. This proposed AD would
continue to require the actions in AD
2021–09–03 and would require
replacement of the ELT antenna with a
new ELT antenna, inspection of the
exterior fuselage skin around the ELT
antenna attachment holes, and repair if
necessary, as specified in a Transport
Canada AD, which is proposed for
incorporation by reference (IBR). The
ddrumheller on DSK120RN23PROD with PROPOSALS1
SUMMARY:
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17:20 Mar 08, 2024
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FAA is proposing this AD to address the
unsafe condition on these products.
DATES: The FAA must receive comments
on this proposed AD by April 25, 2024.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
regulations.gov. Follow the instructions
for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building, Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2024–0464; or in person at
Docket Operations between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. The AD docket
contains this NPRM, the mandatory
continuing airworthiness information
(MCAI), any comments received, and
other information. The street address for
Docket Operations is listed above.
Material Incorporated by Reference:
• For the Transport Canada AD
identified in this NPRM, contact
Transport Canada, Transport Canada
National Aircraft Certification, 159
Cleopatra Drive, Nepean, Ontario K1A
0N5, Canada; telephone 888–663–3639;
email TC.AirworthinessDirectivesConsignesdenavigabilite.TC@tc.gc.ca;
website tc.canada.ca/en/aviation. It is
also available at regulations.gov under
Docket No. FAA–2024–0464.
• You may view this material at the
FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
FOR FURTHER INFORMATION CONTACT:
Yaser Osman, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone: 860–386–
1786; email: yaser.m.osman@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any
written relevant data, views, or
arguments about this proposal. Send
your comments to an address listed
under ADDRESSES. Include ‘‘Docket No.
FAA–2024–0464; Project Identifier
MCAI–2022–01556–T’’ at the beginning
of your comments. The most helpful
comments reference a specific portion of
the proposal, explain the reason for any
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17343
recommended change, and include
supporting data. The FAA will consider
all comments received by the closing
date and may amend this proposal
because of those comments.
Except for Confidential Business
Information (CBI) as described in the
following paragraph, and other
information as described in 14 CFR
11.35, the FAA will post all comments
received, without change, to
regulations.gov, including any personal
information you provide. The agency
will also post a report summarizing each
substantive verbal contact received
about this NPRM.
Confidential Business Information
CBI is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(FOIA) (5 U.S.C. 552), CBI is exempt
from public disclosure. If your
comments responsive to this NPRM
contain commercial or financial
information that is customarily treated
as private, that you actually treat as
private, and that is relevant or
responsive to this NPRM, it is important
that you clearly designate the submitted
comments as CBI. Please mark each
page of your submission containing CBI
as ‘‘PROPIN.’’ The FAA will treat such
marked submissions as confidential
under the FOIA, and they will not be
placed in the public docket of this
NPRM. Submissions containing CBI
should be sent to Yaser Osman,
Aviation Safety Engineer, FAA, 1600
Stewart Avenue, Suite 410, Westbury,
NY 11590; phone: 860–386–1786; email:
yaser.m.osman@faa.gov. Any
commentary that the FAA receives
which is not specifically designated as
CBI will be placed in the public docket
for this rulemaking.
Background
The FAA issued AD 2021–09–03,
Amendment 39–21516 (86 FR 20266,
April 19, 2021); corrected April 27, 2021
(86 FR 22111) (AD 2021–09–03), for
certain Airbus Canada Limited
Partnership Model BD–500–1A10 and
BD–500–1A11 airplanes. AD 2021–09–
03 was prompted by an MCAI originated
by Transport Canada, which is the
aviation authority for Canada. Transport
Canada issued AD CF–2021–10, dated
March 18, 2021 (Transport Canada AD
CF–2021–10), to correct an unsafe
condition.
AD 2021–09–03 requires repetitive
replacements of the ELT antenna with a
new ELT antenna and repetitive
inspections for damage of the exterior
fuselage skin around the ELT antenna
attachment area. The FAA issued AD
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]]>Agencies
[Federal Register Volume 89, Number 48 (Monday, March 11, 2024)]
[Proposed Rules]
[Pages 17338-17343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04772]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
10 CFR Part 430
[EERE-2024-BT-STD-0002]
Energy Conservation Program: Energy Conservation Standards for
Dishwashers, Residential Clothes Washers, and Consumer Clothes Dryers
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Request for information.
-----------------------------------------------------------------------
SUMMARY: In light of the United States Court of Appeals for the Fifth
Circuit recently granting a petition for review of a final rule
published by the U.S. Department of Energy (``DOE'') on January 19,
2022, and remanding the matter to DOE for further proceedings, DOE is
initiating an information and data gathering effort on whether ``short-
cycle'' product classes for dishwashers, residential clothes washers,
and consumer clothes dryers are warranted under the Energy Policy and
Conservation Act. In this request for information, DOE solicits data
and information from the public to help
[[Page 17339]]
DOE in its rulemaking to evaluate whether: products with a ``short
cycle'' as the normal cycle are available in the market; and products
with a ``short cycle'' as the normal cycle should be subject to
different standards than products without a ``short cycle'' as the
normal cycle.
DATES: Written comments and information are requested and will be
accepted on or before April 10, 2024.
ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at www.regulations.govunder docket
number EERE-2024-BT-STD-0002. Follow the instructions for submitting
comments. Alternatively, interested persons may submit comments may
submit comments, identified by docket number EERE-2024-BT-STD-0002, by
any of the following methods:
(1) Email: [email protected]. Include the docket
number EERE-2024-BT-STD-0002 in the subject line of the message.
(2) Postal Mail: Appliance and Equipment Standards Program, U.S.
Department of Energy, Building Technologies Office, Mailstop EE-5B,
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone:
(202) 287-1445. If possible, please submit all items on a compact disc
(``CD''), in which case it is not necessary to include printed copies.
(3) Hand Delivery/Courier: Appliance and Equipment Standards
Program, U.S. Department of Energy, Building Technologies Office, 1000
Independence Ave. SW, Washington, DC 20585-0121. Telephone: (202) 287-
1445. If possible, please submit all items on a CD, in which case it is
not necessary to include printed copies.
No telefacsimiles (``faxes'') will be accepted. For detailed
instructions on submitting comments and additional information on this
process, see section III of this document.
Docket: The docket for this activity, which includes Federal
Register notices, comments, and other supporting documents/materials,
is available for review at www.regulations.gov. All documents in the
docket are listed in the www.regulations.gov index. However, some
documents listed in the index, such as those containing information
that is exempt from public disclosure, may not be publicly available.
The docket web page can be found at www.regulations.gov/docket/EERE-2024-BT-STD-0002. The docket web page contains instructions on how
to access all documents, including public comments, in the docket. See
section III for information on how to submit comments through
www.regulations.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: [email protected]">ApplianceStandards[email protected].
Mr. Pete Cochran, U.S. Department of Energy, Office of the General
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121.
Telephone: (202) 586-9496. Email: [email protected].
For further information on how to submit a comment, or review other
public comments and the docket, contact the Appliance and Equipment
Standards Program staff at (202) 287-1445 or by email:
[email protected]">ApplianceStandards[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
A. Authority
B. History of Rulemakings for Short-Cycle Dishwashers,
Residential Clothes Washers, and Consumer Clothes Dryers
II. Request for Information and Comments
III. Submission of Comments
IV. Approval of the Office of the Secretary
I. Introduction
The following section briefly discusses the statutory authority
underlying this request for information (``RFI''), as well as some of
the historical background relevant to dishwashers, residential clothes
washers (``RCWs''), and consumer clothes dryers.
A. Authority
The Energy Policy and Conservation Act, Public Law 94-163, as
amended (``EPCA''),\1\ authorizes DOE to regulate the energy efficiency
of a number of consumer products and certain industrial equipment. (42
U.S.C. 6291-6317, as codified) Title III, Part B of EPCA \2\
established the Energy Conservation Program for Consumer Products Other
Than Automobiles. (42 U.S.C. 6291-6309) These products include
dishwashers, RCWs, and consumer clothes dryers, the subjects of this
document. (42 U.S.C. 6292(a)(6), (7), and (8), respectively)
---------------------------------------------------------------------------
\1\ All references to EPCA in this document refer to the statute
as amended through the Energy Act of 2020, Public Law 116-260 (Dec.
27, 2020), which reflect the last statutory amendments that impact
Parts A and A-1 of EPCA.
\2\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated Part A.
---------------------------------------------------------------------------
The energy conservation program under EPCA consists essentially of
four parts: (1) testing, (2) labeling, (3) the establishment of Federal
energy conservation standards, and (4) certification and enforcement
procedures. Relevant provisions of EPCA 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).
Federal energy efficiency requirements for covered products
established under EPCA generally supersede State laws and regulations
concerning energy conservation testing, labeling, and standards. (42
U.S.C. 6297(a)-(c)) DOE may, however, grant waivers of Federal
preemption in limited circumstances for particular State laws or
regulations, in accordance with the procedures and other provisions set
forth under EPCA. (42 U.S.C. 6297(d))
Subject to certain criteria and conditions, DOE is required to
develop test procedures to measure the energy efficiency, energy use,
or estimated annual operating cost of each covered product. (42 U.S.C.
6295(r)) Manufacturers of covered products must use the prescribed DOE
test procedure as the basis for certifying to DOE that their product
complies with the applicable energy conservation standards and as the
basis for any representations regarding the energy use or energy
efficiency of the product. (42 U.S.C. 6295(s) and 42 U.S.C. 6293(c)).
Similarly, DOE must use these test procedures to evaluate whether a
basic model complies with the applicable energy conservation
standard(s). (42 U.S.C. 6295(s)). The DOE test procedures for
dishwashers appear at title 10 of the Code of Federal Regulations (CFR)
part 430, subpart B, appendices C1 and C2. The DOE test procedures for
RCWs appear at 10 CFR part 430, subpart B, appendices J and J2. The DOE
test procedures for consumer clothes dryers appear at 10 CFR part 430,
subpart B, appendices D1 and D2.
EPCA prescribed energy conservation standards for dishwashers,
RCWs, and consumer clothes dryers (42 U.S.C. 6295(g)(1) and (10)(A); 42
U.S.C. 6295(g)(2) and (9)(A); and 42 U.S.C. 6295(g)(3)) and directed
DOE to conduct future rulemakings to determine whether to amend these
standards. (42 U.S.C. 6295(g)(4) and (10)(B); 42 U.S.C. 6295(g)(4) and
(9)(B); and 42 U.S.C. 6295(g)(4)) Not later than six years after
[[Page 17340]]
the issuance of any final rule establishing or amending a standard, DOE
must publish either a notice of determination (``NOPD'') that standards
for the product do not need to be amended, or a NOPR including new
proposed energy conservation standards (proceeding to a final rule, as
appropriate). (42 U.S.C. 6295(m)(1)) DOE must make the analysis on
which a NOPD or NOPR is based publicly available and provide an
opportunity for written comment. (42 U.S.C. 6295(m)(2)) Not later than
two years after a NOPR is issued, DOE must publish a final rule
amending the energy conservation standard for the product. (42 U.S.C.
6295(m)(3)(A))
DOE must follow specific statutory criteria for prescribing new or
amended standards for covered products, including dishwashers, RCWs,
and consumer clothes dryers. Any new or amended standard for a covered
product must be designed to achieve the maximum improvement in energy
efficiency that the Secretary of Energy (``Secretary'') determines is
technologically feasible and economically justified. (42 U.S.C.
6295(o)(2)(A)) Furthermore, DOE may not adopt any standard that would
not result in the significant conservation of energy. (42 U.S.C.
6295(o)(3)(B))
Moreover, DOE may not prescribe a standard if DOE determines by
rule that the establishment of such standard will not result in
significant conservation of energy (or, for certain products, water),
or is not technologically feasible or economically justified. (42
U.S.C. 6295(o)(3)(B)) In deciding whether a proposed standard is
economically justified, DOE must determine whether the benefits of the
standard exceed its burdens. (42 U.S.C. 6295(o)(2)(B)(i)) DOE must make
this determination after receiving comments on the proposed standard,
and by considering, to the greatest extent practicable, the following
seven statutory factors:
(1) The economic impact of the standard on manufacturers and
consumers of the products subject to the standard;
(2) The savings in operating costs throughout the estimated average
life of the covered products in the type (or class) compared to any
increase in the price, initial charges, or maintenance expenses for the
covered products that are likely to result from the standard;
(3) The total projected amount of energy (or as applicable, water)
savings likely to result directly from the standard;
(4) Any lessening of the utility or the performance of the covered
products likely to result from the standard;
(5) The impact of any lessening of competition, as determined in
writing by the Attorney General, that is likely to result from the
standard;
(6) The need for national energy and water conservation; and
(7) Other factors the Secretary considers relevant.
(42 U.S.C. 6295(o)(2)(B)(i)(I)-(VII))
Further, EPCA, as codified, establishes a rebuttable presumption
that a standard is economically justified if the Secretary finds that
the additional cost to the consumer of purchasing a product complying
with an energy conservation standard level will be less than three
times the value of the energy savings during the first year that the
consumer will receive as a result of the standard, as calculated under
the applicable test procedure. (42 U.S.C. 6295(o)(2)(B)(iii))
EPCA, as codified, also contains what is known as an ``anti-
backsliding'' provision, which prevents the Secretary from prescribing
any amended standard that either increases the maximum allowable energy
use or decreases the minimum required energy efficiency of a covered
product. (42 U.S.C. 6295(o)(1)) Also, the Secretary may not prescribe
an amended or new standard if interested persons have established by a
preponderance of the evidence that the standard is likely to result in
the unavailability in the United States in any covered product type (or
class) of performance characteristics (including reliability),
features, sizes, capacities, and volumes that are substantially the
same as those generally available in the United States. (42 U.S.C.
6295(o)(4))
Additionally, EPCA specifies requirements when promulgating an
energy conservation standard for a covered product that has two or more
subcategories. A rule prescribing an energy conservation standard for a
type (or class) of product must specify a different standard level for
a type or class of products that has the same function or intended use
if DOE determines that products within such group (A) consume a
different kind of energy from that consumed by other covered products
within such type (or class); or (B) have a capacity or other
performance-related feature which other products within such type (or
class) do not have and such feature justifies a higher or lower
standard. (42 U.S.C. 6295(q)(1)) In determining whether a performance-
related feature justifies a different standard for a group of products,
DOE considers such factors as the utility to the consumer of such a
feature and other factors DOE deems appropriate. Id. Any rule
prescribing such a standard must include an explanation of the basis on
which such higher or lower level was established. (42 U.S.C.
6295(q)(2))
Finally, pursuant to the amendments to EPCA contained in the Energy
Independence and Security Act of 2007, Public Law 110-140, any final
rule for new or amended energy conservation standards promulgated after
July 1, 2010, is required to address standby mode and off mode energy
use. (42 U.S.C. 6295(gg)(3)) Specifically, when DOE adopts a standard
for a covered product after that date, it must, if justified by the
criteria for adoption of standards under EPCA (42 U.S.C. 6295(o)),
incorporate standby mode and off mode energy use into a single
standard, or, if that is not feasible, adopt a separate standard for
such energy use for that product. (42 U.S.C. 6295(gg)(3)(A)-(B)) DOE's
current test procedures and standards for dishwashers, RCWs, and
consumer clothes dryers address standby mode and off mode energy use.
B. History of Rulemakings for Short-Cycle Dishwashers, Residential
Clothes Washers, and Consumer Clothes Dryers
The Administrative Procedure Act (``APA''), 5 U.S.C. 551 et seq.,
provides among other things, that ``[e]ach agency shall give an
interested person the right to petition for the issuance, amendment, or
repeal of a rule.'' (5 U.S.C. 553(e)) Pursuant to this provision of the
APA, the Competitive Enterprise Institute (``CEI'') petitioned DOE for
the issuance of a rule establishing a new product class under 42 U.S.C.
6295(q) that would cover dishwashers with a cycle time of less than one
hour from washing through drying.\3\ On October 30, 2020, DOE published
a final rule that established a product class for standard-size
dishwashers with a cycle time for the normal cycle \4\ of 60 minutes or
less. 85 FR 68723 (``October 2020 Final Rule'').
---------------------------------------------------------------------------
\3\ Available at www.regulations.gov/document/EERE-2018-BT-STD-0005-0006.
\4\ Through the remainder of this document, DOE uses the term
``normal cycle'' to refer to the cycle required for test under the
applicable DOE test procedure.
---------------------------------------------------------------------------
Following this, having determined that similarities exist between
the consumer use of dishwashers, RCWs, and consumer clothes dryers
(i.e., products that provide consumer utility over discrete cycles with
programmed cycle times, and consumers run these cycles multiple times
per week on average), DOE published a final rule on December 16, 2020,
that established product classes for top-loading RCWs and certain
classes of consumer clothes
[[Page 17341]]
dryers with a cycle time of less than 30 minutes, and front-loading
RCWs with a cycle time of less than 45 minutes. 85 FR 81359 (``December
2020 Final Rule'').
The October 2020 Final Rule and the December 2020 Final Rule
specified that the short-cycle product classes created by their
respective rules are not currently subject to energy or water
conservation standards. 85 FR 68723, 68742; 85 FR 81359, 81376.
On January 19, 2022, DOE published a final rule (``January 2022
Final Rule'') revoking the October 2020 Final Rule and the December
2020 Final Rule on the basis that those earlier rules resulted in
amended energy conservation standards for the short-cycle product
classes, but did not determine whether relevant statutory criteria for
amending standards were met. 87 FR 2673. The January 2022 Final Rule
reinstated the prior product classes and applicable standards for these
covered products. Id.
On March 17, 2022, various States filed a petition in the Fifth
Circuit Court of Appeals seeking review of a final rule revoking two
final rules that established product classes for residential
dishwashers with a cycle time for the normal cycle of 60 minutes or
less, top-loading RCWs and certain classes of consumer clothes dryers
with a cycle time of less than 30 minutes, and front-loading RCWs with
a cycle time of less than 45 minutes (collectively, ``short-cycle
product classes''). The petitioners argued that the final rule revoking
the short-cycle product classes violated EPCA and was arbitrary and
capricious. On January 8, 2024, the United States Court of Appeals for
the Fifth Circuit granted the petition for review and remanded the
matter to DOE for further proceedings consistent with the Fifth
Circuit's opinion. See Louisiana v. United States Department of Energy,
90 F.4th 461 (5th Cir. 2024).
In this request for information, DOE is commencing a rulemaking
process on remand from the Fifth Circuit (the Remand Proceeding) by
soliciting further information, relevant to the issues identified by
the Fifth Circuit, regarding any short cycle product classes. DOE
intends to use the data and information collected in response to this
request for information to conduct the analysis required by 42 U.S.C.
6295(q)(1)(B) to determine whether any short-cycle products have a
``capacity or other performance-related feature [that] . . . justifies
a higher or lower standard from that which applies (or will apply) to
other products. . . .''
The current standards applicable to residential clothes washers,
dishwashers, and consumers clothes dryers are in 10 CFR 430.32(g)(4),
10 CFR 430.32(f)(1), and 10 CFR 430.32(h)(3), respectively. In
addition, EPCA's anti-backsliding provision precludes DOE from
prescribing any amended standard ``which increases the maximum
allowable energy use'' of a covered product. 42 U.S.C. 6295(o)(1).
II. Request for Information and Comments
In this request for information, DOE is soliciting further
information, relevant to the issues identified by the Fifth Circuit,
regarding short-cycle product classes for dishwashers, RCWs, and
consumer clothes dryers. DOE intends to use the data and information
collected in response to this request for information to conduct the
analysis required by 42 U.S.C. 6295(q)(1)(B) to determine whether
short-cycle products should be subject to a different standard than
non-short-cycle products.
In this section, DOE has identified specific information and data
on which it seeks input regarding ``short cycles'' for dishwashers,
RCWs, and consumer clothes dryers.
As discussed, the October 2020 Final Rule and December 2020 Final
Rule established short-cycle product classes for dishwashers with a
normal cycle time of 60 minutes or less; top-loading standard-size RCWs
with an average cycle time of less than 30 minutes and front-loading
standard-size RCWs with an average cycle time of less than 45 minutes;
and vented electric standard-size clothes dryers and vented gas clothes
dryers with a cycle time of less than 30 minutes. 85 FR 68723; 85 FR
81359, 81360.
Issue 1: DOE requests information on whether manufacturers optimize
their dishwasher, RCW, or consumer clothes dryer normal cycles for a
target cycle length, and if so, what target cycle times are considered.
DOE requests data indicating what a consumer-acceptable cycle time is
for the normal cycle in dishwashers, RCWs, and consumer clothes dryers.
Issue 2: DOE requests data indicating how consumers trade off
preferences between cycle time and other product characteristics.
As presented in the rulemaking dockets for the October 2020 Final
Rule and the December 2020 Final Rule, DOE has previously published the
following cycle time data: the results of DOE testing of 31 standard-
size dishwashers, including Cleaning Indexes; \5\ individual test cycle
and average cycle time data for 23 top-loading standard-size RCWs and
20 front-loading standard-size RCWs tested by DOE; \6\ cycle time data
for 6 vented electric standard-size and 8 vented gas consumer clothes
dryers tested by DOE; \7\ and cycle time data for an additional 245
vented electric standard-size and 110 vented gas consumer clothes
dryers from the ENERGY STAR product database.\8\
---------------------------------------------------------------------------
\5\ Available at www.regulations.gov/document/EERE-2018-BT-STD-0005-3213.
\6\ Available at www.regulations.gov/document/EERE-2020-BT-STD-0001-0007.
\7\ Ibid.
\8\ Ibid.
---------------------------------------------------------------------------
Issue 3: DOE requests information on dishwashers, RCWs, and
consumer clothes dryers that are currently available on the market with
normal cycle times that meet consumer expectations of a short cycle for
each product. For any such models, DOE requests data on the energy and
water consumption. DOE also requests data and information on whether
and how such products contain any unique design attributes or
performance characteristics compared to other products with longer
normal cycle times, and what drives such differences from a design
perspective.
Issue 4: DOE seeks data regarding the historical change in cycle
times for dishwashers, RCWs, and consumer clothes dryers.
In addition, DOE notes that most basic models of dishwashers, RCWs,
and consumer clothes dryers also provide multiple cycles outside the
normal cycle. For instance, a dishwasher may have a quick cycle, heavy
cycle, delicates, etc. in addition to the normal cycle. These
additional cycles may provide either longer or shorter cycle times than
the normal cycle and may also be designed to optimize other performance
characteristics or be optimized for different loads than the normal
cycle.
Issue 5: For all models, DOE requests comment on how manufacturers
design or optimize any shorter cycle(s) on a given model differently
than the normal cycle on that same model. DOE further requests
information on whether any design or performance tradeoffs are made on
these shorter cycles, and if so, what those tradeoffs are and to what
extent they differ from the normal cycle.
Issue 6: DOE requests comment on whether manufacturers plan to (or
would continue to) maintain two separate product lines--one optimized
to meet consumer demand for short cycles, and one optimized for
attributes other than cycle time--and if so, DOE requests information
on the financial impacts of developing and maintaining two separate
product lines instead of one. DOE further requests comment on
[[Page 17342]]
which product line manufacturers would prioritize, if they decided to
offer only a single product line.
Issue 7: DOE requests information on consumer preferences for: (1)
a short cycle as the normal cycle and (2) the presence of short cycles
available as cycle types outside the normal cycle.
Issue 8: DOE requests historical market information on any
dishwashers, RCWs, or consumer clothes dryers that have been advertised
or designed to provide a short cycle, and the relevant performance
attributes of such products (including but not limited to energy use,
water use, and cleaning performance).
Issue 9: For all models, not limited to those designed for a short
cycle as the normal cycle, DOE requests data and information about
consumer behaviors that affect energy and water consumption, such as
pre-washing, handwashing, and running multiple cycles on the same load,
and whether and how these behaviors may change according to the cycle
selected.
Issue 10: For all models, not limited to those designed for a short
cycle as the normal cycle, DOE requests data regarding cycle time and
energy and water consumption that would demonstrate whether a separate
standard level whether higher or lower should be considered for
products with a given cycle length pursuant to 42 U.S.C. 6295(q)(2).
III. Submission of Comments
DOE invites all interested parties to submit in writing by the date
specified in the DATES section of this document, comments and
information on matters addressed in this document and on other matters
relevant to short cycles for dishwashers, RCWs, and consumer clothes
dryers.
Submitting comments via www.regulations.gov. The
www.regulations.gov web page requires you to provide your name and
contact information. Your contact information will be viewable to DOE
Building Technologies Office staff only. Your contact information will
not be publicly viewable except for your first and last names,
organization name (if any), and submitter representative name (if any).
If your comment is not processed properly because of technical
difficulties, DOE will use this information to contact you. If DOE
cannot read your comment due to technical difficulties and cannot
contact you for clarification, DOE may not be able to consider your
comment.
However, your contact information will be publicly viewable if you
include it in the comment or in any documents attached to your comment.
Any information that you do not want to be publicly viewable should not
be included in your comment, nor in any document attached to your
comment. If this instruction is followed, persons viewing comments will
see only first and last names, organization names, correspondence
containing comments, and any documents submitted with the comments.
Do not submit to www.regulations.gov information for which
disclosure is restricted by statute, such as trade secrets and
commercial or financial information (hereinafter referred to as
Confidential Business Information (``CBI'')). Comments submitted
through www.regulations.gov cannot be claimed as CBI. Comments received
through the website will waive any CBI claims for the information
submitted. For information on submitting CBI, see the Confidential
Business Information section.
DOE processes submissions made through www.regulations.gov before
posting. Normally, comments will be posted within a few days of being
submitted. However, if large volumes of comments are being processed
simultaneously, your comment may not be viewable for up to several
weeks. Please keep the comment tracking number that www.regulations.gov
provides after you have successfully uploaded your comment.
Submitting comments via email, hand delivery/courier, or postal
mail. Comments and documents submitted via email, hand delivery/
courier, or postal mail also will be posted to www.regulations.gov. If
you do not want your personal contact information to be publicly
viewable, do not include it in your comment or any accompanying
documents. Instead, provide your contact information on a cover letter.
Include your first and last names, email address, telephone number, and
optional mailing address. The cover letter will not be publicly
viewable as long as it does not include any comments.
Include contact information each time you submit comments, data,
documents, and other information to DOE. If you submit via postal mail
or hand delivery/courier, please provide all items on a CD, if
feasible, in which case it is not necessary to submit printed copies.
No faxes will be accepted.
Comments, data, and other information submitted to DOE
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file format. Provide documents that
are not secured, written in English and free of any defects or viruses.
Documents should not contain special characters or any form of
encryption and, if possible, they should carry the electronic signature
of the author.
Campaign form letters. Please submit campaign form letters by the
originating organization in batches of between 50 to 500 form letters
per PDF or as one form letter with a list of supporters' names compiled
into one or more PDFs. This reduces comment processing and posting
time.
Confidential Business Information. Pursuant to 10 CFR 1004.11, any
person submitting information that he or she believes to be
confidential and exempt by law from public disclosure should submit via
email two well-marked copies: one copy of the document marked
confidential including all the information believed to be confidential,
and one copy of the document marked ``non-confidential'' with the
information believed to be confidential deleted. DOE will make its own
determination about the confidential status of the information and
treat it according to its determination.
It is DOE's policy that all comments may be included in the public
docket, without change and as received, including any personal
information provided in the comments (except information deemed to be
exempt from public disclosure).
DOE considers public participation to be a very important part of
the process for developing energy conservation standards. DOE actively
encourages the participation and interaction of the public during the
comment period in this process. Interactions with and between members
of the public provide a balanced discussion of the issues and assist
DOE. Anyone who wishes to be added to the DOE mailing list to receive
future notices and information about this process or would like to
request a public meeting should contact Appliance and Equipment
Standards Program staff at (202) 287-1445 or via email at
[email protected]">ApplianceStandards[email protected].
IV. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this request
for information.
Signing Authority
This document of the Department of Energy was signed on February
29, 2024, by Jeffrey Marootian, Principal Deputy 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
[[Page 17343]]
maintained by DOE. For administrative purposes only, and in compliance
with requirements of the Office of the Federal Register, the
undersigned DOE Federal Register Liaison Officer has been authorized to
sign and submit the document in electronic format for publication, as
an official document of the Department of Energy. This administrative
process in no way alters the legal effect of this document upon
publication in the Federal Register.
Signed in Washington, DC, on March 1, 2024.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2024-04772 Filed 3-8-24; 8:45 am]
BILLING CODE 6450-01-P
