[Federal Register Volume 85, Number 199 (Wednesday, October 14, 2020)]
[Proposed Rules]
[Pages 64981-64984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21280]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 85, No. 199 / Wednesday, October 14, 2020 /
Proposed Rules
[[Page 64981]]
DEPARTMENT OF ENERGY
10 CFR Part 430
[EERE-2019-BT-STD-0039]
RIN 1904-AE32
Energy Conservation Program: Energy Conservation Standards for
Consumer Products; Early Assessment Review; Dishwashers
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Request for information.
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SUMMARY: The U.S. Department of Energy (``DOE'') is undertaking an
early assessment review to determine whether to amend energy
conservation standards for dishwashers. Specifically, through this
request for information (``RFI''), DOE seeks data and information that
could enable the agency to determine whether DOE should propose a ``no
new standard'' determination because a more stringent standard: Would
not result in a significant savings of energy; is not technologically
feasible; is not economically justified; or any combination of
foregoing. DOE also seeks comment on the consideration of standards for
a ``short cycle'' product class, as well as on any subject within the
scope of this document (including those not topics not specifically
raised in this RFI). DOE also requests submission of data and other
relevant information concerning this early assessment review.
DATES: Written comments and information will be accepted on or before
December 28, 2020.
ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at http://www.regulations.gov. Follow
the instructions for submitting comments. Alternatively, interested
persons may submit comments, identified by docket number EERE-2019-BT-
STD-0039, by any of the following methods:
1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the instructions for submitting comments.
2. Email: [email protected]. Include the docket
number EERE-2019-BT-STD-0039 in the subject line of the message.
3. Postal Mail: Appliance and Equipment Standards Program, U.S.
Department of Energy, Building Technologies Office, Mailstop EE-5B,
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone:
(202) 287-1445. If possible, please submit all items on a compact disc
(``CD''), in which case it is not necessary to include printed copies.
4. Hand Delivery/Courier: Appliance and Equipment Standards
Program, U.S. Department of Energy, Building Technologies Office, 950
L'Enfant Plaza SW, 6th Floor, Washington, DC 20024. Telephone: (202)
287-1445. If possible, please submit all items on a CD, in which case
it is not necessary to include printed copies.
No telefacsimiles (faxes) will be accepted. For detailed
instructions on submitting comments and additional information on this
process, see section III of this document.
Docket: The docket for this activity, which includes Federal
Register notices, comments, and other supporting documents/materials,
is available for review at http://www.regulations.gov. All documents in
the docket are listed in the http://www.regulations.gov index. However,
some documents listed in the index, such as those containing
information that is exempt from public disclosure, may not be publicly
available.
The docket web page can be found at http://www.regulations.gov/#!docketDetail;D=EERE-2019-BT-STD-0039. The docket web page contains
instructions on how to access all documents, including public comments,
in the docket. See section III of this document for information on how
to submit comments through http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Mr. Bryan Berringer, 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) 586-0371. Email:
[email protected].
Ms. Elizabeth Kohl, U.S. Department of Energy, Office of the
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC
20585-0121. Telephone: (202) 586-7796. Email:
[email protected].
For further information on how to submit a comment or review other
public comments and the docket contact the Appliance and Equipment
Standards Program staff at (202) 287-1445 or by email:
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
A. Authority
B. Rulemaking History
II. Request for Information and Comments
A. Significant Savings on Energy
B. Technological Feasibility
C. Economic Justification
III. Submission of Comments
I. Introduction
DOE established an early assessment review process to conduct a
more focused analysis of a specific set of facts or circumstances that
would allow DOE to determine that, based on one or more statutory
criteria, a new or amended energy conservation standard is not
warranted. The purpose of this review is to limit the resources, from
both DOE and stakeholders, committed to rulemakings that will not
satisfy the requirements in EPCA that a new or amended energy
conservation standard save a significant amount of energy, and be
economically justified and technologically feasible. See 85 FR 8626,
8653-8654 (Feb. 14, 2020).
As part of the early assessment, DOE publishes an RFI in the
Federal Register, announcing that DOE is considering initiating a
rulemaking proceeding and soliciting comments, data, and information on
whether a new or amended energy conservation standard would save a
significant amount of energy and be technologically feasible and
economically justified. Based on the information received in response
to the RFI and DOE's own analysis, DOE will determine whether to
proceed with a rulemaking for a new or amended energy conservation
standard.
If DOE makes an initial determination based upon available evidence
that a
[[Page 64982]]
new or amended energy conservation standard would not meet the
applicable statutory criteria, DOE would engage in notice and comment
rulemaking before issuing a final determination that new or amended
energy conservation standards are not warranted. Conversely, if DOE
makes an initial determination that a new or amended energy
conservation standard would satisfy the applicable statutory criteria
or DOE's analysis is inconclusive, DOE would undertake the preliminary
stages of a rulemaking to issue a new or amended energy conservation
standard. Beginning such a rulemaking, however, would not preclude DOE
from later making a determination that a new or amended energy
conservation standard cannot satisfy the requirements in EPCA, based
upon the full suite of DOE's analyses. See 85 FR 8626, 8654 (Feb. 14,
2020).
DOE is also considering the establishment of standards for a
``short cycle'' product class, if DOE were to finalize a ``short
cycle'' product class in a separate rulemaking. See 84 FR 33869 (July
16, 2019). Additional background on DOE's ``short cycle'' product class
rulemaking is provided in section I.B of this document.
A. Authority
The Energy Policy and Conservation Act, as amended (``EPCA''),\1\
among other things, authorizes DOE to regulate the energy efficiency of
a number of consumer products and certain industrial equipment. (42
U.S.C. 6291-6317) Title III, Part B \2\ of EPCA established the Energy
Conservation Program for Consumer Products Other Than Automobiles.
These products include residential dishwashers, the subject of this
document. (42 U.S.C. 6292(a)(6))
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\1\ All references to EPCA in this document refer to the statute
as amended through America's Water Infrastructure Act of 2018,
Public Law 115-270 (Oct. 23, 2018).
\2\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated Part A.
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The energy conservation program under EPCA consists essentially of
four parts: (1) Testing, (2) labeling, (3) Federal energy conservation
standards, and (4) certification and enforcement procedures. Relevant
provisions of EPCA specifically include definitions (42 U.S.C. 6291),
test procedures (42 U.S.C. 6293), labeling provisions (42 U.S.C. 6294),
energy conservation standards (42 U.S.C. 6295), and the authority to
require information and reports from manufacturers (42 U.S.C. 6296).
Federal energy efficiency requirements for covered products
established under EPCA generally supersede State laws and regulations
concerning energy conservation testing, labeling, and standards. (42
U.S.C. 6297(a)-(c)) DOE may, however, grant waivers of Federal
preemption for particular State laws or regulations, in accordance with
the procedures and other provisions set forth under EPCA. (See 42
U.S.C. 6297(d))
EPCA requires that, not later than three years after the issuance
of a final determination not to amend standards, DOE must publish
either a notice of determination that standards for the product do not
need to be amended, or a NOPR including new proposed energy
conservation standards (proceeding to a final rule, as appropriate).
(42 U.S.C. 6295(m)(3)(B)) DOE must make the analysis on which a
determination is based publicly available and provide an opportunity
for written comment. (42 U.S.C. 6295(m)(2)) DOE is issuing this early
assessment review pursuant to the requirements of 42 U.S.C.
6295(m)(3)(B).
B. Rulemaking History
In a direct final rule published on May 30, 2012 (``May 2012 direct
final rule''), DOE prescribed energy conservation standards and water
use standards consistent with the levels submitted in a petition by
groups representing manufacturers, energy and environmental advocates,
and consumer groups. 77 FR 31918. Compliance with the standards
established in the May 2012 direct final rule was required beginning
May 30, 2013. Id.
DOE subsequently published a NOPR on December 19, 2014, proposing
amended standards. 79 FR 76141. In a final determination published on
December 13, 2016 (``December 2016 final determination''), DOE
concluded that the 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. The current energy and water conservation
standards are located in title 10 of the Code of Federal Regulations
(``CFR'') part 430, section 430.32(f). The current applicable DOE test
procedure for dishwashers appears at 10 CFR part 430 subpart B,
appendix C1 (``Appendix C1'').
On July 16, 2019, in response to a petition for rulemaking
submitted by the Competitive Enterprise Institute (``CEI''), DOE
published a proposal (``July 2019 NOPR'') to establish a separate
product class for dishwashers with a cycle time of less than one hour
for the normal cycle (from washing through drying) (i.e., a ``short
cycle'' product class) . 84 FR 33869.
II. Request for Information and Comments
DOE is publishing this RFI to collect data and information during
the early assessment review to inform its decision, consistent with its
obligations under EPCA, as to whether the Department should proceed
with an energy conservation standards rulemaking. Accordingly, in the
following sections, DOE has identified specific issues on which it
seeks input to aid in its analysis of whether amended standards for
dishwashers would not save a significant amount of energy or be
technologically feasible or economically justified. In particular, DOE
is interested in any information indicating that there has not been
sufficient technological or market changes since DOE last conducted an
energy conservation standards rulemaking analysis for dishwashers to
suggest more-stringent standards could satisfy these criteria. DOE also
seeks data on the consideration of standards for a ``short cycle''
product class, if DOE were to finalize the proposed ``short cycle''
product class. DOE welcomes comments on other issues relevant to its
early assessment that may not specifically be identified in this
document.
A. Significant Savings on Energy
On December 13, 2016, DOE published a final determination that the
standards established for dishwashers in 2012 did not need to be
amended. 81 FR 90072. If DOE determines that more-stringent energy
conservation standards would not result in an additional 0.3 quads of
site energy savings or an additional 10-percent reduction in site
energy use over a 30-year period, DOE would propose to make a no-new-
standards determination. DOE seeks comment on energy savings that could
be expected from more-stringent standards for existing product classes
of dishwashers. DOE also seeks comments on energy savings that could be
expected with regard to the establishment of standards for a ``short
cycle'' product class, if DOE were to finalize the proposed ``short
cycle'' product class.
B. Technological Feasibility
During the most recent dishwasher rulemaking, which resulted in
issuance of a ``no-new standards'' determination, DOE considered a
number of technology options that manufacturers could use to reduce
energy consumption in dishwashers. DOE seeks comment on
[[Page 64983]]
any changes to these technology options that could affect whether DOE
could again propose a ``no-new-standards'' determination, such as an
insignificant increase in the range of efficiencies and performance
characteristics of these technology options. DOE also seeks comment on
whether there are any other technology options that DOE should consider
in its analysis, including technology options that may be unique to a
new ``short cycle'' product class. DOE also requests comment on whether
any of these technologies may impact product features or consumer
utility.
C. Economic Justification
In determining whether a proposed energy conservation standard is
economically justified, DOE analyzes, among other things, the potential
economic impact on consumers, manufacturers, and the Nation. DOE seeks
comment on whether there are economic barriers to the adoption of more-
stringent trial standard levels for dishwashers. DOE also seeks comment
and data on any other aspects of its economic justification analysis
from the December 2016 ``no-new-standards'' determination that may
indicate whether a more-stringent energy conservation standard would
not be economically justified or cost effective. DOE also seeks
comments and information on economic justification with regard to the
establishment of standards for a ``short cycle'' product class, if DOE
were to finalize the proposed ``short cycle'' product class.
III. Submission of Comments
DOE invites all interested parties to submit in writing by the date
specified previously in the DATES section of this document, comments
and information on matters addressed in this document and on other
matters relevant to DOE's consideration of amended energy conservations
standards and water use standards for dishwashers. After the close of
the comment period, DOE will review the public comments received and
may begin collecting data and conducting the analyses discussed in this
document.
Submitting comments via http://www.regulations.gov. The http://www.regulations.gov web page requires you to provide your name and
contact information. Your contact information will be viewable to DOE
Building Technologies Office staff only. Your contact information will
not be publicly viewable except for your first and last names,
organization name (if any), and submitter representative name (if any).
If your comment is not processed properly because of technical
difficulties, DOE will use this information to contact you. If DOE
cannot read your comment due to technical difficulties and cannot
contact you for clarification, DOE may not be able to consider your
comment.
However, your contact information will be publicly viewable if you
include it in the comment or in any documents attached to your comment.
Any information that you do not want to be publicly viewable should not
be included in your comment, nor in any document attached to your
comment. Persons viewing comments will see only first and last names,
organization names, correspondence containing comments, and any
documents submitted with the comments.
Do not submit to http://www.regulations.gov information for which
disclosure is restricted by statute, such as trade secrets and
commercial or financial information (hereinafter referred to as
Confidential Business Information (``CBI'')). Comments submitted
through http://www.regulations.gov cannot be claimed as CBI. Comments
received through the website will waive any CBI claims for the
information submitted. For information on submitting CBI, see the
Confidential Business Information section.
DOE processes submissions made through http://www.regulations.gov
before posting. Normally, comments will be posted within a few days of
being submitted. However, if large volumes of comments are being
processed simultaneously, your comment may not be viewable for up to
several weeks. Please keep the comment tracking number that http://www.regulations.gov provides after you have successfully uploaded your
comment.
Submitting comments via email, hand delivery/courier, or postal
mail. Comments and documents submitted via email, hand delivery/
courier, or postal mail also will be posted to http://www.regulations.gov. If you do not want your personal contact
information to be publicly viewable, do not include it in your comment
or any accompanying documents. Instead, provide your contact
information on a cover letter. Include your first and last names, email
address, telephone number, and optional mailing address. The cover
letter will not be publicly viewable as long as it does not include any
comments.
Include contact information each time you submit comments, data,
documents, and other information to DOE. If you submit via postal mail
or hand delivery/courier, please provide all items on a CD, if
feasible. It is not necessary to submit printed copies. No
telefacsimiles (``faxes'') will be accepted.
Comments, data, and other information submitted to DOE
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file format. Provide documents that
are not secured, written in English and free of any defects or viruses.
Documents should not contain special characters or any form of
encryption and, if possible, they should carry the electronic signature
of the author.
Campaign form letters. Please submit campaign form letters by the
originating organization in batches of between 50 to 500 form letters
per PDF or as one form letter with a list of supporters' names compiled
into one or more PDFs. This reduces comment processing and posting
time.
Confidential Business Information. According to 10 CFR 1004.11, any
person submitting information that he or she believes to be
confidential and exempt by law from public disclosure should submit via
email, postal mail, or hand delivery/courier two well-marked copies:
one copy of the document marked confidential including all the
information believed to be confidential, and one copy of the document
marked ``non-confidential'' with the information believed to be
confidential deleted. Submit these documents via email to
[email protected] or on a CD, if feasible. DOE will
make its own determination about the confidential status of the
information and treat it according to its determination.
It is DOE's policy that all comments may be included in the public
docket, without change and as received, including any personal
information provided in the comments (except information deemed to be
exempt from public disclosure).
DOE considers public participation to be a very important part of
the process for developing energy conservation standards. DOE actively
encourages the participation and interaction of the public during the
comment period in each stage of the rulemaking process. Interactions
with and between members of the public provide a balanced discussion of
the issues and assist DOE in the rulemaking process. Anyone who wishes
to be added to the DOE mailing list to receive future notices and
information about this process or would like to request a public
meeting should contact Appliance and Equipment Standards Program staff
at (202) 287-1445 or via email at
[[Page 64984]]
[email protected].
Signing Authority
This document of the Department of Energy was signed on September
22, 2020, by Alexander N. Fitzsimmons, Deputy Assistant Secretary for
Energy Efficiency, 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 September 22, 2020.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2020-21280 Filed 10-13-20; 8:45 am]
BILLING CODE 6450-01-P