[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]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 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))
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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