Energy Conservation Program: Energy Conservation Standards for Dishwashers, 83611-83617 [2024-23908]
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Rules and Regulations
Federal Register
Vol. 89, No. 201
Thursday, October 17, 2024
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 Part 430
[EERE–2019–BT–STD–0039]
RIN 1904–AF60
Energy Conservation Program: Energy
Conservation Standards for
Dishwashers
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Direct final rule; confirmation of
effective and compliance dates;
technical correction.
AGENCY:
The U.S. Department of
Energy (‘‘DOE’’) published a direct final
rule to establish new energy
conservation standards for dishwashers
in the Federal Register on April 24,
2024. DOE has determined that the
comments received in response to the
direct final rule do not provide a
reasonable basis for withdrawing the
direct final rule. Therefore, DOE
provides this document confirming the
effective and compliance dates of those
standards. This document also clarifies
the introductory notes to the appendices
for the dishwasher test procedure to
conform with the amended standards
promulgated by direct final rule
published on April 24, 2024. This
document also corrects an error in the
amended regulatory text as it appeared
in the direct final rule published on
April 24, 2024.
DATES: The technical correction in this
document is effective October 17, 2024.
The effective date of August 22, 2024,
for the direct final rule published April
24, 2024 (89 FR 31398) is confirmed.
Compliance with the standards
established in the direct final rule will
be required on April 23, 2027.
ADDRESSES: The docket for this
rulemaking, which includes Federal
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SUMMARY:
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Register notices, public meeting
attendee lists and transcripts,
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 information that is exempt from
public disclosure.
The docket web page can be found at
www.regulations.gov/docket/EERE2019-BT-STD-0039. The docket web
page contains instructions on how to
access all documents, including public
comments, in the docket.
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.
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. Kiana Daw, U.S. Department of
Energy, Office of the General Counsel,
GC–33, 1000 Independence Avenue SW,
Washington, DC 20585–0121.
Telephone: (202) 586–4798. Email:
kiana.daw@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Authority
II. Dishwashers Direct Final Rule
A. Background
III. Comments on the Direct Final Rule
A. General Comments
B. Authority To Regulate Water Use
C. Economic Justification
1. Consumer Impacts
2. Product Reliability
3. Repair and Maintenance Costs
D. Significant Conservation of Energy
E. Unavailability of Performance
Characteristics
F. Stakeholder Representation
G. Conforming Updates To Test Procedure
Introductory Notes
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IV. Impact of Any Lessening of Competition
V. Conclusion
I. Authority
The Energy Policy and Conservation
Act, Public Law 94–163, as amended
(‘‘EPCA’’),1 authorizes DOE to issue a
direct final rule establishing an energy
conservation standard for a product on
receipt of a statement submitted jointly
by interested persons that are fairly
representative of relevant points of view
(including representatives of
manufacturers of covered products,
States, and efficiency advocates), as
determined by the Secretary of Energy
(‘‘Secretary’’), that contains
recommendations with respect to an
energy or water conservation standard
that are in accordance with the
provisions of 42 U.S.C. 6295(o) or 42
U.S.C. 6313(a)(6)(B), as applicable. (42
U.S.C. 6295(p)(4))
The direct final rule must be
published simultaneously with a notice
of proposed rulemaking (‘‘NOPR’’) that
proposes an energy or water
conservation standard that is identical
to the standard established in the direct
final rule, and DOE must provide a
public comment period of at least 110
days on this proposal. (42 U.S.C.
6295(p)(4)(A)–(B)) Not later than 120
days after issuance of the direct final
rule, DOE shall withdraw the direct
final rule if: (1) DOE receives one or
more adverse public comments relating
to the direct final rule or any alternative
joint recommendation; and (2) based on
the rulemaking record relating to the
direct final rule, DOE determines that
such adverse public comments or
alternative joint recommendation may
provide a reasonable basis for
withdrawing the direct final rule. (42
U.S.C. 6295(p)(4)(C)) If DOE makes such
a determination, DOE must proceed
with the NOPR published
simultaneously with the direct final rule
and publish in the Federal Register the
reasons why the direct final rule was
withdrawn. (Id.)
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.
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After review of comments received,
DOE has determined that it did receive
adverse comments on the direct final
rule. However, based on the rulemaking
record, the comments did not provide a
reasonable basis for withdrawing the
direct final rule under the provisions in
42 U.S.C. 6295(p)(4)(C). As such, DOE
did not withdraw this direct final rule
and the direct final rule remains
effective. Although not required under
EPCA, where DOE does not withdraw a
direct final rule, DOE customarily
publishes a summary of the comments
received during the 110-day comment
period and its responses to those
comments. This document contains
such a summary, as well as DOE’s
responses to the comments.
II. Dishwashers Direct Final Rule
A. Background
In a direct final rule published on
May 30, 2012 (‘‘May 2012 Direct Final
Rule’’), DOE adopted the current energy
conservation standards for dishwashers
manufactured on or after May 30, 2013.
77 FR 31918. These standards are set
forth in DOE’s regulations at title 10 of
the Code of Federal Regulations (‘‘CFR’’)
section 430.32(f).
The current standards are defined in
terms of maximum estimated annual
energy use (‘‘EAEU’’) in kilowatt hours
per year (‘‘kWh/yr’’) and maximum per
cycle water consumption in gallons per
cycle (‘‘gal/cycle’’) as measured
according to DOE’s dishwasher test
procedure codified at 10 CFR part 430,
subpart B, appendix C1 (‘‘appendix
C1’’).
In a final determination published on
December 13, 2016 (‘‘December 2016
Final Determination’’), DOE concluded
that amended energy conservation
standards would not be economically
justified at any level above the
standards established in the May 2012
Direct Final Rule, and therefore
determined not to amend the standards.
81 FR 90072.
On January 18, 2023, DOE published
a final rule (‘‘January 2023 TP Final
Rule’’) amending the test procedure at
appendix C1 and establishing a new test
procedure at 10 CFR part 430, subpart
B, appendix C2 (‘‘appendix C2’’). 88 FR
3234. The new appendix C2 specifies
updated annual cycles and low-power
mode hours, both of which are used to
calculate the EAEU metric, and
introduces a minimum cleaning
performance threshold to validate the
selected test cycle. 88 FR 3234, 3236.
On May 19, 2023, DOE published a
NOPR (‘‘May 2023 NOPR’’) proposing to
amend the current standards for
dishwashers, defined in terms of EAEU
and per-cycle water consumption as
measured according to appendix C2. 88
FR 32514.
On September 25, 2023, DOE received
a joint statement (‘‘Joint Agreement’’)
recommending standards for
dishwashers that was submitted by
groups representing manufacturers,
energy and environmental advocates,
consumer groups, and a utility.2 In
addition to the recommended standards
for dishwashers, the Joint Agreement
also included separate
recommendations for several other
covered products.3 The amended
standard levels recommended in the
Joint Agreement for dishwashers are
presented in Table II.1, expressed in
terms of EAEU and per-cycle water
consumption as measured according to
the newly established test procedure
contained in appendix C2. Details of the
Joint Agreement recommendations for
other products are provided in the Joint
Agreement posted in the docket for this
rulemaking.4
TABLE II.1—RECOMMENDED AMENDED ENERGY CONSERVATION STANDARDS FOR DISHWASHERS
Maximum
estimated
annual energy use
(kWh/year)
Product class
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Standard-Size Dishwasher (≥8 place settings plus 6 serving pieces).
Compact-Size Dishwasher (<8 place settings plus 6 serving pieces).
Maximum per-cycle
water consumption
(gal/cycle)
223
3.3
174
3.1
Compliance date
3 years after publication of the direct
final rule.
After carefully considering the
recommended energy conservation
standards for dishwashers in the Joint
Agreement, DOE determined that these
recommendations were in accordance
with the statutory requirements of 42
U.S.C. 6295(p)(4) for the issuance of a
direct final rule and published a direct
final rule on April 24, 2024 (‘‘April 2024
Direct Final Rule’’). 89 FR 31398. DOE
evaluated whether the Joint Agreement
satisfies 42 U.S.C. 6295(o), as
applicable, and found that the
recommended standard levels would,
among other things, result in significant
energy savings and are technologically
feasible and economically justified. Id.
at 89 FR 31471–31478. Accordingly,
DOE adopted the recommended
efficiency levels for dishwashers as the
amended standard levels in the April
2024 Direct Final Rule. Id.
The maximum EAEU and maximum
water consumption standards adopted
in the April 2024 Direct Final Rule
apply to product classes listed in Table
II.2 and that are manufactured in, or
imported into, the United States starting
on April 23, 2027. The April 2024 Direct
Final Rule provides a detailed
discussion of DOE’s analysis of the
benefits and burdens of the amended
standards pursuant to the criteria set
forth in EPCA. Id.
2 The signatories to the Joint Agreement include
the Association of Home Appliance Manufacturers
(AHAM), American Council for an Energy Efficient
Economy, Alliance for Water Efficiency, Appliance
Standards Awareness Project, Consumer Federation
of America, Consumer Reports, Earthjustice,
National Consumer Law Center, Natural Resources
Defense Council, Northwest Energy Efficiency
Alliance, and Pacific Gas and Electric Company.
Members of AHAM’s Major Appliance Division that
make the affected products include: Alliance
Laundry Systems, LLC; Asko Appliances AB; Beko
US Inc.; Brown Stove Works, Inc.; BSH Home
Appliances Corporation; Danby Products, Ltd.;
Electrolux; Elicamex S.A. de C.V.; Faber; Fotile
America; GE Appliances, a Haier Company;
L’Atelier Paris Haute Design LLG; LG Electronics;
Liebherr USA, Co.; Midea America Corp.; Miele,
Inc.; Panasonic Appliances Refrigeration Systems
(PAPRSA) Corporation of America; Perlick
Corporation; Samsung Electronics America, Inc.;
Sharp Electronics Corporation; Smeg S.p.A; SubZero Group, Inc.; The Middleby Corporation; U-
Line Corporation; Viking Range, LLC; and
Whirlpool Corporation.
3 The Joint Agreement contained
recommendations for six covered products:
refrigerators, refrigerator-freezers, and freezers;
clothes washers; clothes dryers; dishwashers;
cooking products; and miscellaneous refrigeration
products.
4 The Joint Agreement is available in the docket
at: www.regulations.gov/comment/EERE-2019-BTSTD-0039-0055.
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TABLE II.2—AMENDED ENERGY CONSERVATION STANDARDS FOR DISHWASHERS
[Compliance Starting April 23, 2027]
Estimated annual
energy use
(kWh/year)
Product class
Standard-size 1 (≥8 place settings plus 6 serving pieces) 2 ....................................................................
Compact-size (<8 place settings plus 6 serving pieces) 2 ......................................................................
Per-cycle water
consumption
(gal/cycle)
223
174
3.3
3.1
1 The energy conservation standards in this table do not apply to standard-size dishwashers with a cycle time for the normal cycle of 60 minutes or less.
2 Place settings are as specified in AHAM DW–1–2020 (which is incorporated by reference, see § 430.3) and the test load is as specified in
section 2.4 of appendix C2 to subpart B of part 430.
As required by EPCA, DOE also
simultaneously published a NOPR
proposing the identical standard levels
contained in the April 2024 Direct Final
Rule. 89 FR 31096. DOE considered
whether any adverse comment received
during the 110-day comment period
following the publication of the April
2024 Direct Final Rule provided a
reasonable basis for withdrawal of the
direct final rule under the provisions in
42 U.S.C. 6295(p)(4)(C).
III. Comments on the Direct Final Rule
As discussed in section I of this
document, not later than 120 days after
publication of a direct final rule, DOE
shall withdraw the direct final rule if:
(1) DOE receives one or more adverse
public comments relating to the direct
final rule or any alternative joint
recommendation; and (2) based on the
rulemaking record relating to the direct
final rule, DOE determines that such
adverse public comments or alternative
joint recommendation may provide a
reasonable basis for withdrawing the
direct final rule. (42 U.S.C.
6295(p)(4)(C)(i))
DOE received comments in response
to the April 2024 Direct Final Rule from
the interested parties listed in Table
III.1.5
TABLE III.1—LIST OF COMMENTERS WITH WRITTEN SUBMISSIONS IN RESPONSE TO THE APRIL 2024 DIRECT FINAL RULE
Comment
number in
the docket
Commenter(s)
Abbreviation
Commenter type
Association of Home Appliance Manufacturers .................................................
Appliance Standards Awareness Project, Alliance for Water Efficiency, American Council for an Energy-Efficient Economy, Consumer Federation of
America, Consumer Reports, Earthjustice, National Consumer Law Center,
Natural Resources Defense Council, Northwest Energy Efficiency Alliance,
and Pacific Gas and Electric Company.
Consumer Federation of America, Consumer Reports, Green Energy Consumers Alliance, National Consumer Law Center, and U.S. Public Interest
Research Group.
Chris Bruno ........................................................................................................
Clean Future .......................................................................................................
Bill Word and David Daquin ...............................................................................
AHAM .....................
ASAP et al. ............
76
74
Trade Association.
Advocacy Organizations.
CFA et al. ...............
75
Advocacy Organizations.
Bruno .....................
Clean Future ..........
Word and Daquin ...
70
71, 72
* 68, 69
Individual.
Advocacy Organization.
Individual.
* Comments No. 68 and 69 are identical. DOE cites comment 68 in this document.
A parenthetical reference at the end of
a comment quotation or paraphrase
provides the location of the item in the
public record.6 The following sections
discuss the substantive comments DOE
received on the April 2024 Direct Final
Rule as well as DOE’s determination
that the comments do not provide a
reasonable basis for withdrawal of the
direct final rule.
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A. General Comments
AHAM and ASAP et al. supported the
April 2024 Direct Final Rule for
dishwashers because it establishes
standards that are consistent with
recommendations submitted in the Joint
Agreement. (AHAM, No. 76 at p. 1;
5 Table III.1 excludes one comment received from
Clean Future that is not directly related to this
rulemaking.
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ASAP et al., No. 74 at pp. 1–2) AHAM
commented that it finds DOE has
satisfied all EPCA criteria for issuing the
April 2024 Direct Final Rule because the
recommended energy conservation
standards were designed by the Joint
Stakeholders (including manufacturers
of various sizes as well as consumer,
environmental, and efficiency advocacy
groups; a utility; and some States) to
achieve the maximum improvement in
energy efficiency that is technologically
feasible and economically justified in
accordance with the provisions of 42
U.S.C. 6295(o); and because DOE issued
the April 2024 Direct Final Rule with a
proposed rule identical to the standard
established in the April 2024 Direct
Final Rule and allowed 110 days for
public comment, which is consistent
with EPCA requirements. AHAM agreed
with DOE’s determination that the
amended energy and water conservation
standard levels in the April 2024 Direct
Final Rule can be reached through
technology options DOE identified in its
direct final rule or through other
pathways. (AHAM, No. 76 at pp. 4, 5–
6)
AHAM further commented that DOE
satisfactorily responded to AHAM’s
comments and concerns regarding
dishwasher performance, the economic
value of water, consideration of lowincome consumers, new Energy
Information Administration’s (‘‘EIA’s’’)
6 The parenthetical reference provides a reference
for information located in the docket of DOE’s
rulemaking to develop energy conservation
standards for dishwashers. (Docket No. EERE–
2019–BT–STD–0039, which is maintained at:
www.regulations.gov). The references are arranged
as follows: (commenter name, comment docket ID
number at page of that document).
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Residential Energy Consumption Survey
(‘‘RECS’’) 2020 data, consideration of
well and septic system users, and
cumulative regulatory burden. (AHAM
No. 76 at pp. 2–3) AHAM stated that the
compliance timeline reduces the
cumulative regulatory burden of this
rulemaking and those for other major
appliances. (AHAM, No. 76 at p. 6)
CFA et al. supported the April 2024
Direct Final Rule, which they noted is
one of many completed and pending
efficiency standards that will together
significantly reduce consumer costs and
climate pollution, as well as reduce
emissions of nitrogen oxides, which can
cause health issues. (CFA et al., No. 75
at pp. 1–2)
Clean Future supported the proposed
regulations, in particular the detailed
outline of new environmental
guidelines that demonstrate a forwardlooking approach to combating climate
change and its effects. (Clean Future,
No. 71 at p. 1) Clean Future also
commented that the revised standards
will yield significant energy savings, are
technologically feasible, and are
economically justified. (Clean Future,
No. 72 at p. 1)
DOE received a comment from one
individual commenter who expressed
support for the standards promulgated
in the April 2024 Direct Final Rule.
(Bruno, No. 70 at p. 1)
As discussed in more detail below,
DOE has determined that these
comments do not provide a reasonable
basis to withdraw the April 2024 Direct
Final Rule.
B. Authority To Regulate Water Use
DOE received comments regarding
DOE’s statutory authority to regulate the
water use of dishwashers.
Word and Daquin commented that
DOE has gone beyond its statutory
authority in increasing water efficiency
standards of certain consumer
appliances without lawful authority.
Word and Daquin asserted that DOE
lacks the authority to increase the
stringency of water use standards for
products other than showerheads,
faucets, water closets, and urinals.
(Word & Daquin, No. 68 at p. 1)
Word and Daquin also commented
that based on the history of EPCA and
the recent ruling of the Fifth Circuit
Court of Appeals, DOE does not have
the authority to regulate the water use
of dishwashers. Word and Daquin
commented the Fifth Circuit recognized
that ‘‘No part of [EPCA] indicates
Congress gave DOE power to regulate
water use for energy-using appliances.’’
Louisiana v. United States Dep’t of
Energy, 90 F.4th 461, 471 (5th Cir.
2024). Word and Daquin also noted that
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according to the Fifth Circuit, ‘‘EPCA
does not appear to contemplate overlap
between the products subject to ‘energy’
regulation and those subject to ‘water’
regulation,’’ noting that this is because
the statute authorized DOE to regulate
‘‘energy use, or, [. . .] water use,’’ and
‘‘[t]he word ‘or’ is almost always
disjunctive.’’ Id. at 470–471 (quoting
Encino Motorcars, LLC v. Navarro, 584
U.S. 79, 80 (2018)). (Word & Daquin, No.
68 at pp. 1–4)
AHAM commented that a dishwasher
is a holistic system that is optimized by
being able to manipulate both water
levels and electricity levels to get the
best performance with the least amount
of energy, and that DOE’s regulation of
energy efficiency and water use together
supports manufacturers’ ability to create
high performing and highly efficient
wash systems. AHAM stated that it had
supported the Energy Independence and
Security Act of 2007, which it described
as providing DOE with the authority to
regulate water use for dishwashers
because water use is intricately linked
to energy usage. AHAM added that
disconnecting these authorities would
significantly increase regulatory burden
and would make designing products
more difficult if authority to set water
standards rested with individual states.
(AHAM, No. 76 at p. 5)
As discussed in the April 2024 Direct
Final Rule, EPCA prescribed energy
conservation standards with both energy
and water use requirements for
dishwashers. 89 FR 31398, 31406. In
establishing energy conservation
standards with both energy and water
use performance standards for
dishwashers manufactured after 2010,
Congress also directed DOE to
‘‘determin[e] whether to amend’’ those
standards. (42 U.S.C. 6295(g)(10)(B))
Congress’s directive, in section
6295(g)(10)(B), to consider whether ‘‘to
amend the standards for dishwashers’’
refers to ‘‘the standards’’ established in
the immediately preceding section,
6295(g)(10)(A), where Congress
established energy conservation
standards with both energy and water
use performance standards for
dishwashers. Indeed, the energy and
water use performance standards for
dishwashers (both standard-size and
compact-size) are each contained within
a single subparagraph. See id.
Accordingly, DOE’s authority, under
section 6295(g)(10)(B), includes
consideration of amended energy and
water use performance standards for
dishwashers.
Similarly, DOE’s authority under 42
U.S.C. 6295(m) to amend ‘‘standards’’
for covered products includes amending
both the energy and water use
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performance standards for dishwashers.
Neither section 6295(g)(10)(B) nor
section 6295(m) limit their application
to ‘‘energy use standards.’’ Rather, they
direct DOE to consider amending ‘‘the
standards,’’ 42 U.S.C. 6295(g)(10)(B), or
simply ‘‘standards,’’ Id. section
6295(m)(1)(B), which may include both
energy and water use performance
standards.
C. Economic Justification
DOE must follow specific statutory
criteria for prescribing new or amended
standards for covered products,
including dishwashers. Any new or
amended standard for a covered product
must be designed to achieve the
maximum improvement in energy
efficiency that the Secretary determines
is technologically feasible and
economically justified. (42 U.S.C.
6295(o)(2)(A)) 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))
DOE received several comments on its
determination of economic justification
under the statutory criteria.
1. Consumer Impacts
AHAM commented that under the
standards adopted in the April 2024
Direct Final Rule, only 3 percent of
consumers would experience a net cost.
(AHAM, No. 76 at p. 4)
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ASAP et al. commented that the
amended standards will particularly
benefit low-income consumers, who
spend three times more of their income
on energy costs compared to non-lowincome households. ASAP et al.
commented that the standards will also
benefit renters, whose landlords might
not otherwise purchase energy-saving
dishwashers. (ASAP et al., No. 74 at p.
2)
CFA et al. commented that many
dishwashers on the market today do not
use up-to-date technology for water and
energy efficiency, and that most
dishwashers on the market that do not
currently meet the standards could do
so through improved control strategies,
requiring no incremental cost to
consumers. CFA et al. commented that
renters, who are disproportionately lowincome households, are often unable to
choose their dishwasher yet must pay
the utility bills, creating a splitincentive problem particularly acute in
multifamily housing, for which nearly
90 percent of households are renters.
CFA et al. noted that the amended
standards will reduce energy use by
about 15 percent relative to the least
efficient dishwashers sold today while
cutting water waste, with a payback
period for standard-size dishwashers of
1.6 years. (CFA et al., No. 75 at p. 1)
DOE did not receive any adverse
comments in relation to consumer
impacts. DOE reiterates its
determination from the April 2024
Direct Final Rule that the standards
adopted in the direct final rule are
economically justified. 89 FR 31398,
31477–31478.
2. Product Reliability
ASAP et al. commented that they did
not expect the standards in the April
2024 Direct Final Rule to have any
impact on product reliability because
the amended standards can be met with
simple design changes that have already
been incorporated in many models on
the market today. ASAP et al. presented
a figure of historical data from EIA’s
RECS showing that the distribution of
dishwasher age remained largely
unchanged between 2005 and 2020, as
dishwasher efficiency improved. (ASAP
et al., No. 74 at pp. 2, 3–4)
AHAM commented that the
recommended standards are
economically justified as required by 42
U.S.C. 6295(o)(2)(B)(i)(I) and will not
result in lessening of utility, reliability,
performance, or availability of
dishwashers considered under 42 U.S.C.
6295(o)(2)(B)(i)(IV). (AHAM, No. 76 at
p. 4)
DOE did not receive any adverse
comments in relation to product
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reliability. DOE reiterates its
determination from the April 2024
Direct Final Rule that the standards
adopted in the direct final rule will not
lessen the utility or performance of
dishwashers. 89 FR 31398, 31464–
31467.
3. Repair and Maintenance Costs
An individual recommended that
DOE factor the repairability and
maintenance of an appliance into its
economic and environmental impact.
(Bruno, No. 70 at p. 1)
DOE did take into account the cost of
repair associated with each analyzed
efficiency level in the April 2024 Direct
Final Rule. As discussed in the April
2024 Direct Final Rule, DOE determined
that routine maintenance costs would
not vary with increased efficiency. See
89 FR 31398, 31430.
D. Significant Conservation of Energy
Pursuant to EPCA, any new or
amended standard must result in
significant conservation of energy. (42
U.S.C. 6295(o)(3)(B))
AHAM noted that DOE’s analysis
found significant energy and water
savings, as required under EPCA.
(AHAM, No. 76 at p. 4)
ASAP et al. commented that as
estimated by the Joint Stakeholders, the
new standards for dishwashers will
cost-effectively reduce energy
consumption by 15 percent relative to
the current standards while also cutting
water waste. ASAP et al. added that on
a national level, the Joint Stakeholders
estimate the standards will save 0.31
quadrillion British thermal units (‘‘Btu’’)
of energy and 240 billion gallons of
water over 30 years of shipments and
cut carbon dioxide emissions by 9.5
million metric tons. (ASAP et al., No. 74
at p. 2)
In summary, DOE did not receive any
adverse comments in relation to the
significant conservation of energy. DOE
reiterates its determination from the
April 2024 Direct Final Rule that the
energy savings from the standard levels
adopted in this direct final rule are
‘‘significant’’ within the meaning of 42
U.S.C. 6295(o)(3)(B). 89 FR 31398,
31405, 31413.
E. Unavailability of Performance
Characteristics
EPCA specifies 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,
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83615
and volumes that are substantially the
same as those generally available in the
United States. (42 U.S.C. 6295(o)(4))
Word and Daquin commented that
they are harmed by the April 2024
Direct Final Rule because their choice of
preferred dishwasher would be
eliminated by the rule. Word and
Daquin recommended that DOE repeal
the April 2024 Direct Final Rule and
withdraw the proposed rule. (Word &
Daquin, No. 68 at p. 10)
DOE notes that Word and Daquin did
not provide any specifics regarding the
dishwasher features that would be
eliminated by the April 2024 Direct
Final Rule or why these features and
products would be eliminated by
amended standards.
In contrast, ASAP et al. commented
that the standards adopted in the April
2024 Direct Final Rule will not
negatively impact drying performance,
will not require an increase in cycle
time, and combined with the cleaning
performance requirements specified in
Appendix C2, will ensure new
dishwashers provide good cleaning
performance. ASAP et al. noted that
according to DOE, standard-size
dishwashers of efficiencies up to
efficiency level 3 (‘‘EL 3’’) can achieve
the specified cleaning index threshold,
while DOE only adopted EL 2 as the
amended standard level. ASAP et al.
also stated that nearly 500 standard-size
dishwasher models meet the more
stringent (i.e., EL 3) ENERGY STAR
Version 7.0 specification,7
demonstrating a wide availability of
dishwashers that both meet the
amended standards and provide good
cleaning performance. (ASAP et al., No.
74 at pp. 2–3) ASAP et al. also noted
that the test procedures used only the
normal cycle, so manufacturers will
continue to be able to offer short-cycle
options, which will not be impacted by
the standards. (ASAP et al., No. 74, at
p. 3)
ASAP et al. further commented that
there is no evidence that the frequency
of behaviors such as prerinsing,
handwashing, or running multiple
cycles has increased or will increase
due to the amended standards. ASAP et
al. cited RECS data that indicates the
average number of cycles per year has
declined over time and a Consumer
Reports article that states most modern,
efficient dishwashers work better
without prerinsing. (ASAP et al., No. 74
at p. 3)
7 ENERGY STAR Version 7.0 Program
Requirements available at: https://
www.energystar.gov/sites/default/files/asset/
document/ENERGY%20STAR
%20Version%207.0%20Residential%20Dishwasher
%20Final%20Specification_1.pdf.
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ddrumheller on DSK120RN23PROD with RULES1
AHAM commented that the energy
conservation standards adopted in the
April 2024 Direct Final Rule will not
result in significant lessening of utility,
reliability, performance, or availability
of the covered products as prohibited
under the so-called ‘‘safe harbor’’
exception of 42 U.S.C. 6295(o)(2)(B)(IV).
(AHAM, No. 76 at pp. 4–5) AHAM
stated that products on the market have
demonstrated capability of achieving
the standards while retaining consumer
satisfaction with a range of performance
considerations; and more than 400
dishwasher models are currently
certified to the more stringent ENERGY
STAR Version 7.0 level. AHAM noted
that DOE’s test procedure, confirmatory
testing data, confidential interviews,
and ENERGY STAR’s performance
requirements reinforce that the
amended standards will not negatively
impact dishwasher performance.
(AHAM, No. 76 at pp. 1–2)
DOE reiterates its determination from
the April 2024 Direct Final Rule that the
amended standards will not result in the
unavailability of products that are
substantially the same as those currently
available in the United States, and the
amended standards will not reduce the
utility or performance of dishwashers.
89 FR 31398, 31413, 31464–31468.
Therefore, DOE has determined that the
comment provided by Word and Daquin
do not provide a reasonable basis for
withdrawal of the April 2024 Direct
Final Rule.
F. Stakeholder Representation
Under 42 U.S.C. 6295(p)(4), interested
persons that are fairly representative of
relevant points of view (including
representatives of manufacturers of
covered products, States, and efficiency
advocates), as determined by DOE, may
submit a joint recommendation to DOE
for new or amended energy
conservation standards.
AHAM commented that the
stakeholders who submitted the Joint
Agreement are representative of a wide
range of expert and relevant points of
view—including manufacturers of
various sizes representing nearly 100
percent of the market for dishwashers;
consumer, environmental, and
efficiency advocacy groups; a utility;
and several States that participated in
the negotiation discussions and filed
comments in support of the agreement.
AHAM concluded that the April 2024
Direct Final Rule benefits both the
manufacturers and consumers that these
organizations represent. (AHAM, No. 76
at p. 3)
DOE did not receive any adverse
comments with regard to stakeholder
representation. DOE reaffirms its
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17:01 Oct 16, 2024
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determination that the Joint Agreement
was submitted by interested persons
that are fairly representative of relevant
points of view.
significant adverse impact on
competition.
G. Conforming Updates to Test
Procedure Introductory Notes
The test procedures at appendix C1
and appendix C2 contain introductory
notes that specify the dates of
applicability of each test procedure.
Among other details, these introductory
notes currently specify the following:
• Since January 23, 2024,
manufacturers must use results of
testing under appendix C1 to determine
compliance with the relevant standard
from 10 CFR 430.32(f)(1) as it appeared
in the January 1, 2023 edition of 10 CFR
parts 200–499.
• Manufacturers must use the results
of testing under appendix C2 to
determine compliance with any
amended standards for dishwashers
provided in 10 CFR 430.32(f)(1) that are
published after January 1, 2023.
The April 2024 Direct Final Rule
codified the amended standards
promulgated by the April 2024 Direct
Final Rule at 10 CFR 430.32(f)(2).
Accordingly, in this document, DOE
updates the introductory notes to both
appendices C1 and appendix C2 to
specify that use of appendix C2 is
required to demonstrate compliance
with the amended standards codified at
10 CFR 430.32(f)(2).
In summary, based on the previous
discussion, DOE has determined that
the comments received in response to
the direct final rule for new energy
conservation standards for dishwashers
do not provide a reasonable basis for
withdrawal of the direct final rule. As
a result, the energy conservation
standards set forth in the direct final
rule became effective on August 22,
2024. Compliance with these standards
is required on and after April 23, 2027.
IV. Impact of Any Lessening of
Competition
EPCA directs DOE to consider any
lessening of competition that is likely to
result from new or amended standards.
(42 U.S.C. 6295(p)(4)(A)(i) and (C)(i)(II);
42 U.S.C. 6295(o)(2)(B)(i)(V)) It also
directs the Attorney General of the
United States (‘‘Attorney General’’) to
determine the impact, if any, of any
lessening of competition likely to result
from a proposed standard and to
transmit such determination to the
Secretary within 60 days of the
publication of a proposed rule, together
with an analysis of the nature and
extent of the impact. (42 U.S.C.
6295(o)(2)(B)(i)(V) and (B)(ii)) To assist
the Attorney General in making this
determination, DOE provided the
Department of Justice (‘‘DOJ’’) with
copies of the April 2024 Direct Final
Rule, the corresponding NOPR, and the
April 2024 Direct Final Rule Technical
Support Document for review. DOE has
published DOJ’s comments at the end of
this document.
In its letter responding to DOE, DOJ
concluded that, based on its review, the
direct final rule standards for
dishwashers are unlikely to have
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V. Conclusion
List of Subjects in 10 CFR Part 430
Administrative practice and
procedure, Confidential business
information, Energy conservation,
Household appliances, Imports,
Intergovernmental relations, Reporting
and recordkeeping requirements, and
Small businesses.
Signing Authority
This document of the Department of
Energy was signed on October 10, 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
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 October 10,
2024.
Treena V. Garrett,
Federal Register Liaison Officer, U.S.
Department of Energy.
For the reasons set forth in the
preamble, DOE amends part 430 of
chapter II, subchapter D, of title 10 of
the Code of Federal Regulations, to read
as set forth below:
PART 430—ENERGY CONSERVATION
PROGRAM FOR CONSUMER
PRODUCTS
1. The authority citation for part 430
continues to read as follows:
■
Authority: 42 U.S.C. 6291–6309; 28 U.S.C.
2461 note.
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Federal Register / Vol. 89, No. 201 / Thursday, October 17, 2024 / Rules and Regulations
2. Amend appendix C1 to subpart B of
part 430 by revising the introductory
note to read as follows:
■
Appendix C1 to Subpart B of Part 430—
Uniform Test Method for Measuring the
Energy Consumption of Dishwashers
Note: Manufacturers must use the results of
testing under this appendix to determine
compliance with the relevant standards
provided at § 430.32(f)(1).
Manufacturers must use the results of
testing under appendix C2 to this subpart to
determine compliance with the amended
standards for dishwashers provided at
§ 430.32(f)(2). Manufacturers may use
appendix C2 to certify compliance with the
standards provided at § 430.32(f)(2) prior to
the applicable compliance date for those
standards.
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 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.
*
*
*
*
*
3. Amend appendix C2 to subpart B of
part 430 by revising the introductory
note to read as follows:
■
Appendix C2 to Subpart B of Part 430—
Uniform Test Method for Measuring the
Energy Consumption of Dishwashers
Note: Manufacturers must use the results of
testing under this appendix to determine
compliance with the relevant standards
provided at § 430.32(f)(2). Manufacturers may
use this appendix to certify compliance with
the standards provided at § 430.32(f)(2) prior
to the applicable compliance date for those
standards.
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 standards.
ddrumheller on DSK120RN23PROD with RULES1
*
*
*
*
Your request was submitted under Section
325(o)(2)(B)(i)(V) of the Energy Policy and
Conservation Act, as amended (EPCA), 42
U.S.C. 6295(o)(2)(B)(i)(V) and 42 U.S.C.
6316(a), which requires the Attorney General
to make a determination of the impact of any
lessening of competition that is likely to
result from the imposition of proposed
energy conservation standards. The Attorney
General’s responsibility for responding to
requests from other departments about the
effect of a program on competition has been
delegated to the Assistant Attorney General
for the Antitrust Division in 28 CFR 0.40(g).
The Assistant Attorney General for the
Antitrust Division has authorized me, as the
Policy Director for the Antitrust Division, to
provide the Antitrust Division’s views
regarding the potential impact on
competition of proposed energy conservation
standards on his behalf.
In conducting its analysis, the Antitrust
Division examines whether a proposed
standard may lessen competition, for
example, by substantially limiting consumer
choice or increasing industry concentration.
A lessening of competition could result in
higher prices to manufacturers and
consumers.
We have studied in detail the Notice of
Proposed Rulemaking regarding dishwashers,
as well as the Technical Support Document
(TSD) that accompanied it, both of which you
transmitted to us under cover of your April
24 letter. We also have reviewed the one
public comment and reviewed the docket.
Based on this review, our conclusion is
that the proposed energy conservation
standards for dishwashers are unlikely to
have a significant adverse impact on
competition.
Sincerely,
David G.B. Lawrence,
Policy Director.
[FR Doc. 2024–23908 Filed 10–16–24; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
*
Note: The following appendix will not
appear in the Code of Federal Regulations.
[Docket No. FAA–2024–0988; Special
Conditions No. 25–869–SC]
Appendix A
Special Conditions: Northwest
Aerospace Technologies, Inc (NAT),
Boeing Model 787–9 Airplane;
Installation of High Wall Suites
June 21, 2024
Ami Grace-Tardy
Assistant General Counsel for Legislation,
Regulation and Energy Efficiency
U.S. Department of Energy
Ami.Grace-Tardy@hq.doe.gov
Re: Energy Conservation Standards for
Dishwashers Docket EERE–2019–BT–STD–
0039
Dear Assistant General Counsel Grace-Tardy:
I am responding to your April 24, 2024
letter seeking the views of the Attorney
General about the potential impact on
competition of proposed energy conservation
standards for dishwashers.
VerDate Sep<11>2014
17:01 Oct 16, 2024
Jkt 265001
Federal Aviation
Administration (FAA), DOT.
ACTION: Final special conditions.
AGENCY:
These special conditions are
issued for the Boeing Model 787–9
series airplanes. These airplanes, as
modified by NAT, will have a novel or
unusual design feature when compared
to the state of technology envisioned in
the airworthiness standards for
SUMMARY:
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83617
transport category airplanes. This design
feature is the installation of high wall
suites in the passenger cabin. The
applicable airworthiness regulations do
not contain adequate or appropriate
safety standards for this design feature.
These special conditions contain the
additional safety standards that the
Administrator considers necessary to
establish a level of safety equivalent to
that established by the existing
airworthiness standards.
DATES: Effective October 17, 2024.
FOR FURTHER INFORMATION CONTACT:
Artiom Kostiouk, Cabin Safety, AIR–
624, Technical Policy Branch, Policy
and Standards Division, Aircraft
Certification Service, Federal Aviation
Administration, 800 Independence Ave.
SW, Washington, DC 20591; telephone
and fax (202) 267–5446; email
artiom.m.kostiouk@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
NAT has applied for an amended
supplemental type certificate for the
installation of suites in the passenger
cabin in Boeing Model 787–9 series
airplanes. The Boeing Model 787–9
airplane, currently approved under
Type Certificate No. T00021SE, is a
twin-engine transport category airplane,
with a maximum seating capacity for
420 passengers, and a maximum take-off
weight of 553,000 pounds.
Type Certification Basis
Under the provisions of 14 CFR
21.101, NAT must show that the Boeing
Model 787–9 airplane, as changed,
continues to meet the applicable
provisions of the regulations listed in
Type Certificate No. T00021SE or the
applicable regulations in effect on the
date of application for the change,
except for earlier amendments as agreed
upon by the FAA.
If the Administrator finds that the
applicable airworthiness regulations
(i.e.,14 CFR part 25) do not contain
adequate or appropriate safety standards
for the Boeing Model 787–9 airplane
because of a novel or unusual design
feature, special conditions are
prescribed under the provisions of
§ 21.16.
Special conditions are initially
applicable to the model for which they
are issued. Should the applicant apply
for a supplemental type certificate to
modify any other model included on the
same type certificate to incorporate the
same novel or unusual design feature,
these special conditions would also
apply to the other model under § 21.101.
In addition to the applicable
airworthiness regulations and special
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]]>Agencies
[Federal Register Volume 89, Number 201 (Thursday, October 17, 2024)]
[Rules and Regulations]
[Pages 83611-83617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23908]
========================================================================
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.
========================================================================
Federal Register / Vol. 89, No. 201 / Thursday, October 17, 2024 /
Rules and Regulations
[[Page 83611]]
DEPARTMENT OF ENERGY
10 CFR Part 430
[EERE-2019-BT-STD-0039]
RIN 1904-AF60
Energy Conservation Program: Energy Conservation Standards for
Dishwashers
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Direct final rule; confirmation of effective and compliance
dates; technical correction.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (``DOE'') published a direct
final rule to establish new energy conservation standards for
dishwashers in the Federal Register on April 24, 2024. DOE has
determined that the comments received in response to the direct final
rule do not provide a reasonable basis for withdrawing the direct final
rule. Therefore, DOE provides this document confirming the effective
and compliance dates of those standards. This document also clarifies
the introductory notes to the appendices for the dishwasher test
procedure to conform with the amended standards promulgated by direct
final rule published on April 24, 2024. This document also corrects an
error in the amended regulatory text as it appeared in the direct final
rule published on April 24, 2024.
DATES: The technical correction in this document is effective October
17, 2024.
The effective date of August 22, 2024, for the direct final rule
published April 24, 2024 (89 FR 31398) is confirmed. Compliance with
the standards established in the direct final rule will be required on
April 23, 2027.
ADDRESSES: The docket for this rulemaking, which includes Federal
Register notices, public meeting attendee lists and transcripts,
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 information that is exempt
from public disclosure.
The docket web page can be found at www.regulations.gov/docket/EERE-2019-BT-STD-0039. The docket web page contains instructions on how
to access all documents, including public comments, in the docket.
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].
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. Kiana Daw, U.S. Department of Energy, Office of the General
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121.
Telephone: (202) 586-4798. Email: [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Authority
II. Dishwashers Direct Final Rule
A. Background
III. Comments on the Direct Final Rule
A. General Comments
B. Authority To Regulate Water Use
C. Economic Justification
1. Consumer Impacts
2. Product Reliability
3. Repair and Maintenance Costs
D. Significant Conservation of Energy
E. Unavailability of Performance Characteristics
F. Stakeholder Representation
G. Conforming Updates To Test Procedure Introductory Notes
IV. Impact of Any Lessening of Competition
V. Conclusion
I. Authority
The Energy Policy and Conservation Act, Public Law 94-163, as
amended (``EPCA''),\1\ authorizes DOE to issue a direct final rule
establishing an energy conservation standard for a product on receipt
of a statement submitted jointly by interested persons that are fairly
representative of relevant points of view (including representatives of
manufacturers of covered products, States, and efficiency advocates),
as determined by the Secretary of Energy (``Secretary''), that contains
recommendations with respect to an energy or water conservation
standard that are in accordance with the provisions of 42 U.S.C.
6295(o) or 42 U.S.C. 6313(a)(6)(B), as applicable. (42 U.S.C.
6295(p)(4))
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
The direct final rule must be published simultaneously with a
notice of proposed rulemaking (``NOPR'') that proposes an energy or
water conservation standard that is identical to the standard
established in the direct final rule, and DOE must provide a public
comment period of at least 110 days on this proposal. (42 U.S.C.
6295(p)(4)(A)-(B)) Not later than 120 days after issuance of the direct
final rule, DOE shall withdraw the direct final rule if: (1) DOE
receives one or more adverse public comments relating to the direct
final rule or any alternative joint recommendation; and (2) based on
the rulemaking record relating to the direct final rule, DOE determines
that such adverse public comments or alternative joint recommendation
may provide a reasonable basis for withdrawing the direct final rule.
(42 U.S.C. 6295(p)(4)(C)) If DOE makes such a determination, DOE must
proceed with the NOPR published simultaneously with the direct final
rule and publish in the Federal Register the reasons why the direct
final rule was withdrawn. (Id.)
[[Page 83612]]
After review of comments received, DOE has determined that it did
receive adverse comments on the direct final rule. However, based on
the rulemaking record, the comments did not provide a reasonable basis
for withdrawing the direct final rule under the provisions in 42 U.S.C.
6295(p)(4)(C). As such, DOE did not withdraw this direct final rule and
the direct final rule remains effective. Although not required under
EPCA, where DOE does not withdraw a direct final rule, DOE customarily
publishes a summary of the comments received during the 110-day comment
period and its responses to those comments. This document contains such
a summary, as well as DOE's responses to the comments.
II. Dishwashers Direct Final Rule
A. Background
In a direct final rule published on May 30, 2012 (``May 2012 Direct
Final Rule''), DOE adopted the current energy conservation standards
for dishwashers manufactured on or after May 30, 2013. 77 FR 31918.
These standards are set forth in DOE's regulations at title 10 of the
Code of Federal Regulations (``CFR'') section 430.32(f).
The current standards are defined in terms of maximum estimated
annual energy use (``EAEU'') in kilowatt hours per year (``kWh/yr'')
and maximum per cycle water consumption in gallons per cycle (``gal/
cycle'') as measured according to DOE's dishwasher test procedure
codified at 10 CFR part 430, subpart B, appendix C1 (``appendix C1'').
In a final determination published on December 13, 2016 (``December
2016 Final Determination''), DOE concluded that amended energy
conservation standards would not be economically justified at any level
above the standards established in the May 2012 Direct Final Rule, and
therefore determined not to amend the standards. 81 FR 90072.
On January 18, 2023, DOE published a final rule (``January 2023 TP
Final Rule'') amending the test procedure at appendix C1 and
establishing a new test procedure at 10 CFR part 430, subpart B,
appendix C2 (``appendix C2''). 88 FR 3234. The new appendix C2
specifies updated annual cycles and low-power mode hours, both of which
are used to calculate the EAEU metric, and introduces a minimum
cleaning performance threshold to validate the selected test cycle. 88
FR 3234, 3236.
On May 19, 2023, DOE published a NOPR (``May 2023 NOPR'') proposing
to amend the current standards for dishwashers, defined in terms of
EAEU and per-cycle water consumption as measured according to appendix
C2. 88 FR 32514.
On September 25, 2023, DOE received a joint statement (``Joint
Agreement'') recommending standards for dishwashers that was submitted
by groups representing manufacturers, energy and environmental
advocates, consumer groups, and a utility.\2\ In addition to the
recommended standards for dishwashers, the Joint Agreement also
included separate recommendations for several other covered
products.\3\ The amended standard levels recommended in the Joint
Agreement for dishwashers are presented in Table II.1, expressed in
terms of EAEU and per-cycle water consumption as measured according to
the newly established test procedure contained in appendix C2. Details
of the Joint Agreement recommendations for other products are provided
in the Joint Agreement posted in the docket for this rulemaking.\4\
---------------------------------------------------------------------------
\2\ The signatories to the Joint Agreement include the
Association of Home Appliance Manufacturers (AHAM), American Council
for an Energy Efficient Economy, Alliance for Water Efficiency,
Appliance Standards Awareness Project, Consumer Federation of
America, Consumer Reports, Earthjustice, National Consumer Law
Center, Natural Resources Defense Council, Northwest Energy
Efficiency Alliance, and Pacific Gas and Electric Company. Members
of AHAM's Major Appliance Division that make the affected products
include: Alliance Laundry Systems, LLC; Asko Appliances AB; Beko US
Inc.; Brown Stove Works, Inc.; BSH Home Appliances Corporation;
Danby Products, Ltd.; Electrolux; Elicamex S.A. de C.V.; Faber;
Fotile America; GE Appliances, a Haier Company; L'Atelier Paris
Haute Design LLG; LG Electronics; Liebherr USA, Co.; Midea America
Corp.; Miele, Inc.; Panasonic Appliances Refrigeration Systems
(PAPRSA) Corporation of America; Perlick Corporation; Samsung
Electronics America, Inc.; Sharp Electronics Corporation; Smeg
S.p.A; Sub-Zero Group, Inc.; The Middleby Corporation; U-Line
Corporation; Viking Range, LLC; and Whirlpool Corporation.
\3\ The Joint Agreement contained recommendations for six
covered products: refrigerators, refrigerator-freezers, and
freezers; clothes washers; clothes dryers; dishwashers; cooking
products; and miscellaneous refrigeration products.
\4\ The Joint Agreement is available in the docket at:
www.regulations.gov/comment/EERE-2019-BT-STD-0039-0055.
Table II.1--Recommended Amended Energy Conservation Standards for Dishwashers
----------------------------------------------------------------------------------------------------------------
Maximum estimated Maximum per-cycle
Product class annual energy use water consumption Compliance date
(kWh/year) (gal/cycle)
----------------------------------------------------------------------------------------------------------------
Standard-Size Dishwasher (>=8 place 223 3.3 3 years after publication of
settings plus 6 serving pieces). the direct final rule.
Compact-Size Dishwasher (<8 place settings 174 3.1
plus 6 serving pieces).
----------------------------------------------------------------------------------------------------------------
After carefully considering the recommended energy conservation
standards for dishwashers in the Joint Agreement, DOE determined that
these recommendations were in accordance with the statutory
requirements of 42 U.S.C. 6295(p)(4) for the issuance of a direct final
rule and published a direct final rule on April 24, 2024 (``April 2024
Direct Final Rule''). 89 FR 31398. DOE evaluated whether the Joint
Agreement satisfies 42 U.S.C. 6295(o), as applicable, and found that
the recommended standard levels would, among other things, result in
significant energy savings and are technologically feasible and
economically justified. Id. at 89 FR 31471-31478. Accordingly, DOE
adopted the recommended efficiency levels for dishwashers as the
amended standard levels in the April 2024 Direct Final Rule. Id.
The maximum EAEU and maximum water consumption standards adopted in
the April 2024 Direct Final Rule apply to product classes listed in
Table II.2 and that are manufactured in, or imported into, the United
States starting on April 23, 2027. The April 2024 Direct Final Rule
provides a detailed discussion of DOE's analysis of the benefits and
burdens of the amended standards pursuant to the criteria set forth in
EPCA. Id.
[[Page 83613]]
Table II.2--Amended Energy Conservation Standards for Dishwashers
[Compliance Starting April 23, 2027]
------------------------------------------------------------------------
Estimated annual Per-cycle water
Product class energy use (kWh/ consumption (gal/
year) cycle)
------------------------------------------------------------------------
Standard-size \1\ (>=8 place 223 3.3
settings plus 6 serving pieces)
\2\............................
Compact-size (<8 place settings 174 3.1
plus 6 serving pieces) \2\.....
------------------------------------------------------------------------
\1\ The energy conservation standards in this table do not apply to
standard-size dishwashers with a cycle time for the normal cycle of 60
minutes or less.
\2\ Place settings are as specified in AHAM DW-1-2020 (which is
incorporated by reference, see Sec. 430.3) and the test load is as
specified in section 2.4 of appendix C2 to subpart B of part 430.
As required by EPCA, DOE also simultaneously published a NOPR
proposing the identical standard levels contained in the April 2024
Direct Final Rule. 89 FR 31096. DOE considered whether any adverse
comment received during the 110-day comment period following the
publication of the April 2024 Direct Final Rule provided a reasonable
basis for withdrawal of the direct final rule under the provisions in
42 U.S.C. 6295(p)(4)(C).
III. Comments on the Direct Final Rule
As discussed in section I of this document, not later than 120 days
after publication of a direct final rule, DOE shall withdraw the direct
final rule if: (1) DOE receives one or more adverse public comments
relating to the direct final rule or any alternative joint
recommendation; and (2) based on the rulemaking record relating to the
direct final rule, DOE determines that such adverse public comments or
alternative joint recommendation may provide a reasonable basis for
withdrawing the direct final rule. (42 U.S.C. 6295(p)(4)(C)(i))
DOE received comments in response to the April 2024 Direct Final
Rule from the interested parties listed in Table III.1.\5\
---------------------------------------------------------------------------
\5\ Table III.1 excludes one comment received from Clean Future
that is not directly related to this rulemaking.
Table III.1--List of Commenters With Written Submissions in Response to the April 2024 Direct Final Rule
----------------------------------------------------------------------------------------------------------------
Comment
Commenter(s) Abbreviation number in Commenter type
the docket
----------------------------------------------------------------------------------------------------------------
Association of Home Appliance AHAM....................... 76 Trade Association.
Manufacturers.
Appliance Standards Awareness ASAP et al................. 74 Advocacy Organizations.
Project, Alliance for Water
Efficiency, American Council
for an Energy-Efficient
Economy, Consumer Federation of
America, Consumer Reports,
Earthjustice, National Consumer
Law Center, Natural Resources
Defense Council, Northwest
Energy Efficiency Alliance, and
Pacific Gas and Electric
Company.
Consumer Federation of America, CFA et al.................. 75 Advocacy Organizations.
Consumer Reports, Green Energy
Consumers Alliance, National
Consumer Law Center, and U.S.
Public Interest Research Group.
Chris Bruno..................... Bruno...................... 70 Individual.
Clean Future.................... Clean Future............... 71, 72 Advocacy Organization.
Bill Word and David Daquin...... Word and Daquin............ * 68, 69 Individual.
----------------------------------------------------------------------------------------------------------------
* Comments No. 68 and 69 are identical. DOE cites comment 68 in this document.
A parenthetical reference at the end of a comment quotation or
paraphrase provides the location of the item in the public record.\6\
The following sections discuss the substantive comments DOE received on
the April 2024 Direct Final Rule as well as DOE's determination that
the comments do not provide a reasonable basis for withdrawal of the
direct final rule.
---------------------------------------------------------------------------
\6\ The parenthetical reference provides a reference for
information located in the docket of DOE's rulemaking to develop
energy conservation standards for dishwashers. (Docket No. EERE-
2019-BT-STD-0039, which is maintained at: www.regulations.gov). The
references are arranged as follows: (commenter name, comment docket
ID number at page of that document).
---------------------------------------------------------------------------
A. General Comments
AHAM and ASAP et al. supported the April 2024 Direct Final Rule for
dishwashers because it establishes standards that are consistent with
recommendations submitted in the Joint Agreement. (AHAM, No. 76 at p.
1; ASAP et al., No. 74 at pp. 1-2) AHAM commented that it finds DOE has
satisfied all EPCA criteria for issuing the April 2024 Direct Final
Rule because the recommended energy conservation standards were
designed by the Joint Stakeholders (including manufacturers of various
sizes as well as consumer, environmental, and efficiency advocacy
groups; a utility; and some States) to achieve the maximum improvement
in energy efficiency that is technologically feasible and economically
justified in accordance with the provisions of 42 U.S.C. 6295(o); and
because DOE issued the April 2024 Direct Final Rule with a proposed
rule identical to the standard established in the April 2024 Direct
Final Rule and allowed 110 days for public comment, which is consistent
with EPCA requirements. AHAM agreed with DOE's determination that the
amended energy and water conservation standard levels in the April 2024
Direct Final Rule can be reached through technology options DOE
identified in its direct final rule or through other pathways. (AHAM,
No. 76 at pp. 4, 5-6)
AHAM further commented that DOE satisfactorily responded to AHAM's
comments and concerns regarding dishwasher performance, the economic
value of water, consideration of low-income consumers, new Energy
Information Administration's (``EIA's'')
[[Page 83614]]
Residential Energy Consumption Survey (``RECS'') 2020 data,
consideration of well and septic system users, and cumulative
regulatory burden. (AHAM No. 76 at pp. 2-3) AHAM stated that the
compliance timeline reduces the cumulative regulatory burden of this
rulemaking and those for other major appliances. (AHAM, No. 76 at p. 6)
CFA et al. supported the April 2024 Direct Final Rule, which they
noted is one of many completed and pending efficiency standards that
will together significantly reduce consumer costs and climate
pollution, as well as reduce emissions of nitrogen oxides, which can
cause health issues. (CFA et al., No. 75 at pp. 1-2)
Clean Future supported the proposed regulations, in particular the
detailed outline of new environmental guidelines that demonstrate a
forward-looking approach to combating climate change and its effects.
(Clean Future, No. 71 at p. 1) Clean Future also commented that the
revised standards will yield significant energy savings, are
technologically feasible, and are economically justified. (Clean
Future, No. 72 at p. 1)
DOE received a comment from one individual commenter who expressed
support for the standards promulgated in the April 2024 Direct Final
Rule. (Bruno, No. 70 at p. 1)
As discussed in more detail below, DOE has determined that these
comments do not provide a reasonable basis to withdraw the April 2024
Direct Final Rule.
B. Authority To Regulate Water Use
DOE received comments regarding DOE's statutory authority to
regulate the water use of dishwashers.
Word and Daquin commented that DOE has gone beyond its statutory
authority in increasing water efficiency standards of certain consumer
appliances without lawful authority. Word and Daquin asserted that DOE
lacks the authority to increase the stringency of water use standards
for products other than showerheads, faucets, water closets, and
urinals. (Word & Daquin, No. 68 at p. 1)
Word and Daquin also commented that based on the history of EPCA
and the recent ruling of the Fifth Circuit Court of Appeals, DOE does
not have the authority to regulate the water use of dishwashers. Word
and Daquin commented the Fifth Circuit recognized that ``No part of
[EPCA] indicates Congress gave DOE power to regulate water use for
energy-using appliances.'' Louisiana v. United States Dep't of Energy,
90 F.4th 461, 471 (5th Cir. 2024). Word and Daquin also noted that
according to the Fifth Circuit, ``EPCA does not appear to contemplate
overlap between the products subject to `energy' regulation and those
subject to `water' regulation,'' noting that this is because the
statute authorized DOE to regulate ``energy use, or, [. . .] water
use,'' and ``[t]he word `or' is almost always disjunctive.'' Id. at
470-471 (quoting Encino Motorcars, LLC v. Navarro, 584 U.S. 79, 80
(2018)). (Word & Daquin, No. 68 at pp. 1-4)
AHAM commented that a dishwasher is a holistic system that is
optimized by being able to manipulate both water levels and electricity
levels to get the best performance with the least amount of energy, and
that DOE's regulation of energy efficiency and water use together
supports manufacturers' ability to create high performing and highly
efficient wash systems. AHAM stated that it had supported the Energy
Independence and Security Act of 2007, which it described as providing
DOE with the authority to regulate water use for dishwashers because
water use is intricately linked to energy usage. AHAM added that
disconnecting these authorities would significantly increase regulatory
burden and would make designing products more difficult if authority to
set water standards rested with individual states. (AHAM, No. 76 at p.
5)
As discussed in the April 2024 Direct Final Rule, EPCA prescribed
energy conservation standards with both energy and water use
requirements for dishwashers. 89 FR 31398, 31406. In establishing
energy conservation standards with both energy and water use
performance standards for dishwashers manufactured after 2010, Congress
also directed DOE to ``determin[e] whether to amend'' those standards.
(42 U.S.C. 6295(g)(10)(B)) Congress's directive, in section
6295(g)(10)(B), to consider whether ``to amend the standards for
dishwashers'' refers to ``the standards'' established in the
immediately preceding section, 6295(g)(10)(A), where Congress
established energy conservation standards with both energy and water
use performance standards for dishwashers. Indeed, the energy and water
use performance standards for dishwashers (both standard-size and
compact-size) are each contained within a single subparagraph. See id.
Accordingly, DOE's authority, under section 6295(g)(10)(B), includes
consideration of amended energy and water use performance standards for
dishwashers.
Similarly, DOE's authority under 42 U.S.C. 6295(m) to amend
``standards'' for covered products includes amending both the energy
and water use performance standards for dishwashers. Neither section
6295(g)(10)(B) nor section 6295(m) limit their application to ``energy
use standards.'' Rather, they direct DOE to consider amending ``the
standards,'' 42 U.S.C. 6295(g)(10)(B), or simply ``standards,'' Id.
section 6295(m)(1)(B), which may include both energy and water use
performance standards.
C. Economic Justification
DOE must follow specific statutory criteria for prescribing new or
amended standards for covered products, including dishwashers. Any new
or amended standard for a covered product must be designed to achieve
the maximum improvement in energy efficiency that the Secretary
determines is technologically feasible and economically justified. (42
U.S.C. 6295(o)(2)(A)) 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))
DOE received several comments on its determination of economic
justification under the statutory criteria.
1. Consumer Impacts
AHAM commented that under the standards adopted in the April 2024
Direct Final Rule, only 3 percent of consumers would experience a net
cost. (AHAM, No. 76 at p. 4)
[[Page 83615]]
ASAP et al. commented that the amended standards will particularly
benefit low-income consumers, who spend three times more of their
income on energy costs compared to non-low-income households. ASAP et
al. commented that the standards will also benefit renters, whose
landlords might not otherwise purchase energy-saving dishwashers. (ASAP
et al., No. 74 at p. 2)
CFA et al. commented that many dishwashers on the market today do
not use up-to-date technology for water and energy efficiency, and that
most dishwashers on the market that do not currently meet the standards
could do so through improved control strategies, requiring no
incremental cost to consumers. CFA et al. commented that renters, who
are disproportionately low-income households, are often unable to
choose their dishwasher yet must pay the utility bills, creating a
split-incentive problem particularly acute in multifamily housing, for
which nearly 90 percent of households are renters. CFA et al. noted
that the amended standards will reduce energy use by about 15 percent
relative to the least efficient dishwashers sold today while cutting
water waste, with a payback period for standard-size dishwashers of 1.6
years. (CFA et al., No. 75 at p. 1)
DOE did not receive any adverse comments in relation to consumer
impacts. DOE reiterates its determination from the April 2024 Direct
Final Rule that the standards adopted in the direct final rule are
economically justified. 89 FR 31398, 31477-31478.
2. Product Reliability
ASAP et al. commented that they did not expect the standards in the
April 2024 Direct Final Rule to have any impact on product reliability
because the amended standards can be met with simple design changes
that have already been incorporated in many models on the market today.
ASAP et al. presented a figure of historical data from EIA's RECS
showing that the distribution of dishwasher age remained largely
unchanged between 2005 and 2020, as dishwasher efficiency improved.
(ASAP et al., No. 74 at pp. 2, 3-4)
AHAM commented that the recommended standards are economically
justified as required by 42 U.S.C. 6295(o)(2)(B)(i)(I) and will not
result in lessening of utility, reliability, performance, or
availability of dishwashers considered under 42 U.S.C.
6295(o)(2)(B)(i)(IV). (AHAM, No. 76 at p. 4)
DOE did not receive any adverse comments in relation to product
reliability. DOE reiterates its determination from the April 2024
Direct Final Rule that the standards adopted in the direct final rule
will not lessen the utility or performance of dishwashers. 89 FR 31398,
31464-31467.
3. Repair and Maintenance Costs
An individual recommended that DOE factor the repairability and
maintenance of an appliance into its economic and environmental impact.
(Bruno, No. 70 at p. 1)
DOE did take into account the cost of repair associated with each
analyzed efficiency level in the April 2024 Direct Final Rule. As
discussed in the April 2024 Direct Final Rule, DOE determined that
routine maintenance costs would not vary with increased efficiency. See
89 FR 31398, 31430.
D. Significant Conservation of Energy
Pursuant to EPCA, any new or amended standard must result in
significant conservation of energy. (42 U.S.C. 6295(o)(3)(B))
AHAM noted that DOE's analysis found significant energy and water
savings, as required under EPCA. (AHAM, No. 76 at p. 4)
ASAP et al. commented that as estimated by the Joint Stakeholders,
the new standards for dishwashers will cost-effectively reduce energy
consumption by 15 percent relative to the current standards while also
cutting water waste. ASAP et al. added that on a national level, the
Joint Stakeholders estimate the standards will save 0.31 quadrillion
British thermal units (``Btu'') of energy and 240 billion gallons of
water over 30 years of shipments and cut carbon dioxide emissions by
9.5 million metric tons. (ASAP et al., No. 74 at p. 2)
In summary, DOE did not receive any adverse comments in relation to
the significant conservation of energy. DOE reiterates its
determination from the April 2024 Direct Final Rule that the energy
savings from the standard levels adopted in this direct final rule are
``significant'' within the meaning of 42 U.S.C. 6295(o)(3)(B). 89 FR
31398, 31405, 31413.
E. Unavailability of Performance Characteristics
EPCA specifies 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))
Word and Daquin commented that they are harmed by the April 2024
Direct Final Rule because their choice of preferred dishwasher would be
eliminated by the rule. Word and Daquin recommended that DOE repeal the
April 2024 Direct Final Rule and withdraw the proposed rule. (Word &
Daquin, No. 68 at p. 10)
DOE notes that Word and Daquin did not provide any specifics
regarding the dishwasher features that would be eliminated by the April
2024 Direct Final Rule or why these features and products would be
eliminated by amended standards.
In contrast, ASAP et al. commented that the standards adopted in
the April 2024 Direct Final Rule will not negatively impact drying
performance, will not require an increase in cycle time, and combined
with the cleaning performance requirements specified in Appendix C2,
will ensure new dishwashers provide good cleaning performance. ASAP et
al. noted that according to DOE, standard-size dishwashers of
efficiencies up to efficiency level 3 (``EL 3'') can achieve the
specified cleaning index threshold, while DOE only adopted EL 2 as the
amended standard level. ASAP et al. also stated that nearly 500
standard-size dishwasher models meet the more stringent (i.e., EL 3)
ENERGY STAR Version 7.0 specification,\7\ demonstrating a wide
availability of dishwashers that both meet the amended standards and
provide good cleaning performance. (ASAP et al., No. 74 at pp. 2-3)
ASAP et al. also noted that the test procedures used only the normal
cycle, so manufacturers will continue to be able to offer short-cycle
options, which will not be impacted by the standards. (ASAP et al., No.
74, at p. 3)
---------------------------------------------------------------------------
\7\ ENERGY STAR Version 7.0 Program Requirements available at:
https://www.energystar.gov/sites/default/files/asset/document/ENERGY%20STAR%20Version%207.0%20Residential%20Dishwasher%20Final%20Specification_1.pdf.
---------------------------------------------------------------------------
ASAP et al. further commented that there is no evidence that the
frequency of behaviors such as prerinsing, handwashing, or running
multiple cycles has increased or will increase due to the amended
standards. ASAP et al. cited RECS data that indicates the average
number of cycles per year has declined over time and a Consumer Reports
article that states most modern, efficient dishwashers work better
without prerinsing. (ASAP et al., No. 74 at p. 3)
[[Page 83616]]
AHAM commented that the energy conservation standards adopted in
the April 2024 Direct Final Rule will not result in significant
lessening of utility, reliability, performance, or availability of the
covered products as prohibited under the so-called ``safe harbor''
exception of 42 U.S.C. 6295(o)(2)(B)(IV). (AHAM, No. 76 at pp. 4-5)
AHAM stated that products on the market have demonstrated capability of
achieving the standards while retaining consumer satisfaction with a
range of performance considerations; and more than 400 dishwasher
models are currently certified to the more stringent ENERGY STAR
Version 7.0 level. AHAM noted that DOE's test procedure, confirmatory
testing data, confidential interviews, and ENERGY STAR's performance
requirements reinforce that the amended standards will not negatively
impact dishwasher performance. (AHAM, No. 76 at pp. 1-2)
DOE reiterates its determination from the April 2024 Direct Final
Rule that the amended standards will not result in the unavailability
of products that are substantially the same as those currently
available in the United States, and the amended standards will not
reduce the utility or performance of dishwashers. 89 FR 31398, 31413,
31464-31468. Therefore, DOE has determined that the comment provided by
Word and Daquin do not provide a reasonable basis for withdrawal of the
April 2024 Direct Final Rule.
F. Stakeholder Representation
Under 42 U.S.C. 6295(p)(4), interested persons that are fairly
representative of relevant points of view (including representatives of
manufacturers of covered products, States, and efficiency advocates),
as determined by DOE, may submit a joint recommendation to DOE for new
or amended energy conservation standards.
AHAM commented that the stakeholders who submitted the Joint
Agreement are representative of a wide range of expert and relevant
points of view--including manufacturers of various sizes representing
nearly 100 percent of the market for dishwashers; consumer,
environmental, and efficiency advocacy groups; a utility; and several
States that participated in the negotiation discussions and filed
comments in support of the agreement. AHAM concluded that the April
2024 Direct Final Rule benefits both the manufacturers and consumers
that these organizations represent. (AHAM, No. 76 at p. 3)
DOE did not receive any adverse comments with regard to stakeholder
representation. DOE reaffirms its determination that the Joint
Agreement was submitted by interested persons that are fairly
representative of relevant points of view.
G. Conforming Updates to Test Procedure Introductory Notes
The test procedures at appendix C1 and appendix C2 contain
introductory notes that specify the dates of applicability of each test
procedure. Among other details, these introductory notes currently
specify the following:
Since January 23, 2024, manufacturers must use results of
testing under appendix C1 to determine compliance with the relevant
standard from 10 CFR 430.32(f)(1) as it appeared in the January 1, 2023
edition of 10 CFR parts 200-499.
Manufacturers must use the results of testing under
appendix C2 to determine compliance with any amended standards for
dishwashers provided in 10 CFR 430.32(f)(1) that are published after
January 1, 2023.
The April 2024 Direct Final Rule codified the amended standards
promulgated by the April 2024 Direct Final Rule at 10 CFR 430.32(f)(2).
Accordingly, in this document, DOE updates the introductory notes
to both appendices C1 and appendix C2 to specify that use of appendix
C2 is required to demonstrate compliance with the amended standards
codified at 10 CFR 430.32(f)(2).
IV. Impact of Any Lessening of Competition
EPCA directs DOE to consider any lessening of competition that is
likely to result from new or amended standards. (42 U.S.C.
6295(p)(4)(A)(i) and (C)(i)(II); 42 U.S.C. 6295(o)(2)(B)(i)(V)) It also
directs the Attorney General of the United States (``Attorney
General'') to determine the impact, if any, of any lessening of
competition likely to result from a proposed standard and to transmit
such determination to the Secretary within 60 days of the publication
of a proposed rule, together with an analysis of the nature and extent
of the impact. (42 U.S.C. 6295(o)(2)(B)(i)(V) and (B)(ii)) To assist
the Attorney General in making this determination, DOE provided the
Department of Justice (``DOJ'') with copies of the April 2024 Direct
Final Rule, the corresponding NOPR, and the April 2024 Direct Final
Rule Technical Support Document for review. DOE has published DOJ's
comments at the end of this document.
In its letter responding to DOE, DOJ concluded that, based on its
review, the direct final rule standards for dishwashers are unlikely to
have significant adverse impact on competition.
V. Conclusion
In summary, based on the previous discussion, DOE has determined
that the comments received in response to the direct final rule for new
energy conservation standards for dishwashers do not provide a
reasonable basis for withdrawal of the direct final rule. As a result,
the energy conservation standards set forth in the direct final rule
became effective on August 22, 2024. Compliance with these standards is
required on and after April 23, 2027.
List of Subjects in 10 CFR Part 430
Administrative practice and procedure, Confidential business
information, Energy conservation, Household appliances, Imports,
Intergovernmental relations, Reporting and recordkeeping requirements,
and Small businesses.
Signing Authority
This document of the Department of Energy was signed on October 10,
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 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 October 10, 2024.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
For the reasons set forth in the preamble, DOE amends part 430 of
chapter II, subchapter D, of title 10 of the Code of Federal
Regulations, to read as set forth below:
PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS
0
1. The authority citation for part 430 continues to read as follows:
Authority: 42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.
[[Page 83617]]
0
2. Amend appendix C1 to subpart B of part 430 by revising the
introductory note to read as follows:
Appendix C1 to Subpart B of Part 430--Uniform Test Method for Measuring
the Energy Consumption of Dishwashers
Note: Manufacturers must use the results of testing under this
appendix to determine compliance with the relevant standards
provided at Sec. 430.32(f)(1).
Manufacturers must use the results of testing under appendix C2
to this subpart to determine compliance with the amended standards
for dishwashers provided at Sec. 430.32(f)(2). Manufacturers may
use appendix C2 to certify compliance with the standards provided at
Sec. 430.32(f)(2) prior to the applicable compliance date for those
standards.
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 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.
* * * * *
0
3. Amend appendix C2 to subpart B of part 430 by revising the
introductory note to read as follows:
Appendix C2 to Subpart B of Part 430--Uniform Test Method for Measuring
the Energy Consumption of Dishwashers
Note: Manufacturers must use the results of testing under this
appendix to determine compliance with the relevant standards
provided at Sec. 430.32(f)(2). Manufacturers may use this appendix
to certify compliance with the standards provided at Sec.
430.32(f)(2) prior to the applicable compliance date for those
standards.
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 standards.
* * * * *
Note: The following appendix will not appear in the Code of
Federal Regulations.
Appendix A
June 21, 2024
Ami Grace-Tardy
Assistant General Counsel for Legislation,
Regulation and Energy Efficiency
U.S. Department of Energy
[email protected]
Re: Energy Conservation Standards for Dishwashers Docket EERE-2019-
BT-STD-0039
Dear Assistant General Counsel Grace-Tardy:
I am responding to your April 24, 2024 letter seeking the views
of the Attorney General about the potential impact on competition of
proposed energy conservation standards for dishwashers.
Your request was submitted under Section 325(o)(2)(B)(i)(V) of
the Energy Policy and Conservation Act, as amended (EPCA), 42 U.S.C.
6295(o)(2)(B)(i)(V) and 42 U.S.C. 6316(a), which requires the
Attorney General to make a determination of the impact of any
lessening of competition that is likely to result from the
imposition of proposed energy conservation standards. The Attorney
General's responsibility for responding to requests from other
departments about the effect of a program on competition has been
delegated to the Assistant Attorney General for the Antitrust
Division in 28 CFR 0.40(g). The Assistant Attorney General for the
Antitrust Division has authorized me, as the Policy Director for the
Antitrust Division, to provide the Antitrust Division's views
regarding the potential impact on competition of proposed energy
conservation standards on his behalf.
In conducting its analysis, the Antitrust Division examines
whether a proposed standard may lessen competition, for example, by
substantially limiting consumer choice or increasing industry
concentration. A lessening of competition could result in higher
prices to manufacturers and consumers.
We have studied in detail the Notice of Proposed Rulemaking
regarding dishwashers, as well as the Technical Support Document
(TSD) that accompanied it, both of which you transmitted to us under
cover of your April 24 letter. We also have reviewed the one public
comment and reviewed the docket.
Based on this review, our conclusion is that the proposed energy
conservation standards for dishwashers are unlikely to have a
significant adverse impact on competition.
Sincerely,
David G.B. Lawrence,
Policy Director.
[FR Doc. 2024-23908 Filed 10-16-24; 8:45 am]
BILLING CODE 6450-01-P
