[Federal Register Volume 86, Number 243 (Wednesday, December 22, 2021)]
[Proposed Rules]
[Pages 72738-72777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26880]



[[Page 72737]]

Vol. 86

Wednesday,

No. 243

December 22, 2021

Part III





Department of Energy





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10 CFR Part 430





Energy Conservation Program: Test Procedure for Dishwashers; Proposed 
Rule

  Federal Register / Vol. 86 , No. 243 / Wednesday, December 22, 2021 / 
Proposed Rules  

[[Page 72738]]


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DEPARTMENT OF ENERGY

10 CFR Part 430

[EERE-2016-BT-TP-0012]
RIN 1904-AD96


Energy Conservation Program: Test Procedure for Dishwashers

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Notice of proposed rulemaking and request for comment.

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SUMMARY: The U.S. Department of Energy (``DOE'') proposes to amend the 
current test procedures appendix for dishwashers, adopt a new test 
procedureappendix, incorporate by reference newly published Association 
of Home Appliance Manufacturers (``AHAM'') standards--AHAM DW-1-2020 
and DW-2-2020--and apply certain provisions of the industry standards 
to to the test procedures appendices. The proposed amendments to the 
current procedure would establish requirements for water hardness, 
relative humidity, and loading pattern; update requirements for ambient 
temperature, detergent dosage, and standby power measurement; include 
testing approaches from recently published waivers for dishwashers; and 
include provisions for a minimum cleaning index threshold to validate 
the selected test cycle. The proposed new test procedure appendix would 
additionally include updated annual number of cycles and low-power mode 
hours for the calculation of energy consumption. DOE is seeking 
comments from interested parties on the proposal.

DATES: 
    Meeting: DOE will hold a webinar on Thursday, February 3, 2022, 
from 12:30 p.m. to 4:30 p.m. See Section V, ``Public Participation,'' 
for webinar registration information, participant instructions, and 
information about the capabilities available to webinar participants. 
If no participants register for the webinar, it will be cancelled.
    Comments: DOE will accept comments, data, and information regarding 
this proposal no later than February 22, 2022. See Section V, ``Public 
Participation,'' for details.

ADDRESSES: Interested persons are encouraged to submit comments using 
the Federal eRulemaking Portal at www.regulations.gov. Follow the 
instructions for submitting comments. Alternatively, interested persons 
may submit comments, identified by docket number EERE-2016-BT-TP-0012, 
by any of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the 
instructions for submitting comments.
    2. Email: [email protected]. Include docket 
number EERE-2016-BT-TP-0012 and/or RIN number 1904-AD96 in the 
subject line of the message.

    No telefacsimilies (``faxes'') will be accepted. For detailed 
instructions on submitting comments and additional information on the 
rulemaking process, see Section V of this document.
    Although DOE has routinely accepted public comment submissions 
through a variety of mechanisms, including the Federal eRulemaking 
Portal, email, postal mail, or hand delivery/courier, the Department 
has found it necessary to make temporary modifications to the comment 
submission process in light of the ongoing COVID-19 pandemic. DOE is 
currently suspending receipt of public comments via postal mail and 
hand delivery/courier. If a commenter finds that this change poses an 
undue hardship, please contact Appliance Standards Program staff at 
(202) 586-1445 to discuss the need for alternative arrangements. Once 
the COVID-19 pandemic health emergency is resolved, DOE anticipates 
resuming all of its regular options for public comment submission, 
including postal mail and hand delivery/courier.
    Docket: The docket, which includes Federal Register notices, public 
meeting attendee lists and transcripts (if a public meeting is held), 
comments, and other supporting documents/materials, is available for 
review at www.regulations.gov. All documents in the docket are listed 
in the www.regulations.gov index. However, some documents listed in the 
index, such as those containing information that is exempt from public 
disclosure, may not be publicly available.
    The docket web page can be found at www.regulations.gov/
docket?D=EERE-2016_BT-TP-0012. The docket web page contains 
instructions on how to access all documents, including public comments, 
in the docket. See Section V of this document for information on how to 
submit comments through 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. Amelia Whiting, U.S. Department of Energy, Office of the 
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 
20585-0121. Telephone: (202) 586-2588. Email: 
[email protected].
    For further information on how to submit a comment, review other 
public comments and the docket, or participate in a public meeting (if 
one is held), contact the Appliance and Equipment Standards Program 
staff at (202) 287-1445 or by email: 
[email protected].

SUPPLEMENTARY INFORMATION: DOE proposes to maintain a previously 
approved incorporation by reference and to incorporate by reference the 
following additional industry standards into part 430:
    ANSI/AHAM DW-1-2020 (``AHAM DW-1-2020''), ``Uniform Test Method 
for Measuring the Energy Consumption of Dishwashers,'' approved 
October 2020.
    AHAM DW-2-2020, ``Household Electric Dishwashers,'' approved 
2020.
    Copies of AHAM DW-1-2020 and AHAM DW-2-2020 can be obtained from 
AHAM at 1111 19th Street NW, Suite 402, Washington, DC 20036; or by 
going to AHAM's online store at www.aham.org/AHAM/AuxStore.
    IEC 62301 (``IEC 62301 Ed. 2.0''), Household electrical 
appliances--Measurement of standby power, (Edition 2.0, 2011-01).
    A copy of IEC 62301 Ed. 2.0 can be obtained from the International 
Electrotechnical Commission, available from the American National 
Standards Institute, 25 W 43rd Street, 4th Floor, New York, NY 10036, 
(212) 642-4900, or go to webstore.ansi.org.
    For a further discussion of these standards, see Section IV.M of 
this document.

Table of Contents

I. Authority and Background
    A. Authority
    B. Background
II. Synopsis of the Notice of Proposed Rulemaking
III. Discussion
    A. Scope of Applicability
    B. Updates to Industry Standards
    C. Metrics
    D. Test Setup
    1. Water Hardness
    2. Relative Humidity
    3. Ambient Temperature
    4. 208-Volt Power
    5. Built-In Water Reservoir
    6. In-Sink Installation
    7. Absence of Main Detergent Compartment
    E. Test Cycle Amendments
    1. Cycle Selections
    2. Drying Energy Measurement
    3. Annual Number of Cycles
    F. Energy and Water Consumption Test Methods
    1. Test Load Items

[[Page 72739]]

    2. Soils
    3. Loading Pattern
    4. Preconditioning Cycles
    5. Detergent
    6. Rinse Aid
    7. Water Softener Regeneration Cycles
    8. Water Re-Use System
    G. Cleaning Performance
    1. Cleaning Performance Test Method
    2. Cleaning Index Threshold
    3. Validation of the Test Cycle
    4. Determining the Most Energy-Intensive Cycle
    H. Standby Mode Test Method
    1. Standby Power Measurement
    2. Annual Combined Low-Power Mode Energy Consumption Calculation
    I. Network Mode
    J. Test Cycle Duration
    K. Test Procedure Costs and Harmonization
    1. Test Procedure Costs and Impact
    2. Harmonization With Industry Standards
    L. Compliance Date and Waivers
IV. Procedural Issues and Regulatory Review
    A. Review Under Executive Order 12866
    B. Review Under the Regulatory Flexibility Act
    C. Review Under the Paperwork Reduction Act of 1995
    D. Review Under the National Environmental Policy Act
    E. Review Under Executive Order 13132
    F. Review Under Executive Order 12988
    G. Review Under the Unfunded Mandates Reform Act of 1995
    H. Review Under the Treasury and General Government 
Appropriations Act, 1999
    I. Review Under Executive Order 12630
    J. Review Under Treasury and General Government Appropriations 
Act, 2001
    K. Review Under Executive Order 13211
    L. Review Under Section 32 of the Federal Energy Administration 
Act of 1974
    M. Description of Materials Incorporated by Reference
V. Public Participation
    A. Participation in the Webinar
    B. Procedure for Submitting Prepared General Statements for 
Distribution
    C. Conduct of the Webinar
    D. Submission of Comments
    E. Issues on Which DOE Seeks Comment
VI. Approval of the Office of the Secretary

I. Authority and Background

    Dishwashers are included in the list of ``covered products'' for 
which DOE is authorized to establish and amend energy conservation 
standards and test procedures. (42 U.S.C. 6292(a)(6)) DOE's test 
procedures for dishwashers are currently prescribed at 10 CFR 430.23(c) 
and appendix C1 to subpart B of part 430 (``appendix C1''). The 
following sections discuss DOE's authority to establish test procedures 
for dishwashers and relevant background information regarding DOE's 
consideration of test procedures for this product.

A. Authority

    The Energy Policy and Conservation Act, as amended (``EPCA''),\1\ 
authorizes DOE to regulate the energy efficiency of a number of 
consumer products and certain industrial equipment. (42 U.S.C. 6291-
6317) Title III, Part B \2\ of EPCA established the Energy Conservation 
Program for Consumer Products Other Than Automobiles, which sets forth 
a variety of provisions designed to improve energy efficiency. These 
products include dishwashers, the subject of this document. (42 U.S.C. 
6292(a)(6))
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    \1\ All references to EPCA in this NOPR refer to the statute as 
amended through the Energy Act of 2020, Public Law 116-260 (Dec. 27, 
2020).
    \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).
    The Federal testing requirements consist of test procedures that 
manufacturers of covered products must use as the basis for: (1) 
Certifying to DOE that their products comply with the applicable energy 
conservation standards adopted pursuant to EPCA (42 U.S.C. 6295(s)), 
and (2) making representations about the efficiency of those consumer 
products (42 U.S.C. 6293(c)). Similarly, DOE must use these test 
procedures to determine whether the products comply with relevant 
standards promulgated under EPCA. (42 U.S.C. 6295(s))
    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) DOE may, however, grant waivers of Federal preemption for 
particular State laws or regulations, in accordance with the procedures 
and other provisions of EPCA. (42 U.S.C. 6297(d))
    Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures 
DOE must follow when prescribing or amending test procedures for 
covered products. EPCA requires that any test procedures prescribed or 
amended under this section be reasonably designed to produce test 
results which measure energy efficiency, energy use or estimated annual 
operating cost of a covered product during a representative average use 
cycle or period of use and not be unduly burdensome to conduct. (42 
U.S.C. 6293(b)(3))
    EPCA also requires that, at least once every 7 years, DOE evaluate 
test procedures for each type of covered product, including 
dishwashers, to determine whether amended test procedures would more 
accurately or fully comply with the requirements for the test 
procedures to not be unduly burdensome to conduct and be reasonably 
designed to produce test results that reflect energy efficiency, energy 
use, and estimated operating costs during a representative average use 
cycle or period of use. (42 U.S.C. 6293(b)(1)(A))
    If the Secretary determines, on her own behalf or in response to a 
petition by any interested person, that a test procedure should be 
prescribed or amended, the Secretary shall promptly publish in the 
Federal Register proposed test procedures and afford interested persons 
an opportunity to present oral and written data, views, and arguments 
with respect to such procedures. The comment period on a proposed rule 
to amend a test procedure shall be at least 60 days and may not exceed 
270 days. In prescribing or amending a test procedure, the Secretary 
shall take into account such information as the Secretary determines 
relevant to such procedure, including technological developments 
relating to energy use or energy efficiency of the type (or class) of 
covered products involved. (42 U.S.C. 6293(b)(2)) If DOE determines 
that test procedure revisions are not appropriate, DOE must publish its 
determination not to amend the test procedures. DOE is publishing this 
notice of proposed rulemaking (``NOPR'') in satisfaction of its 
requirements under EPCA. (42 U.S.C. 6293(b)(1)(A))
    In addition, EPCA requires that DOE amend its test procedures for 
all covered products to integrate measures of standby mode and off mode 
energy consumption. (42 U.S.C. 6295(gg)(2)(A)) Standby mode and off 
mode energy consumption must be incorporated into the overall energy 
efficiency, energy consumption, or other energy descriptor for each 
covered product unless the current test procedures already account for 
and incorporate standby and off mode energy consumption or such 
integration is technically infeasible. If an integrated test procedure 
is technically infeasible, DOE must prescribe a separate standby mode 
and off mode energy use test procedure for

[[Page 72740]]

the covered product, if technically feasible. (42 U.S.C. 
6295(gg)(2)(A)(ii)) Any such amendment must consider the most current 
versions of the International Electrotechnical Commission (``IEC'') 
Standard 62301 \3\ and IEC Standard 62087 \4\ as applicable. (42 U.S.C. 
6295(gg)(2)(A))
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    \3\ IEC 62301, Household electrical appliances--Measurement of 
standby power (Edition 2.0, 2011-01).
    \4\ IEC 62087, Methods of measurement for the power consumption 
of audio, video, and related equipment (Edition 3.0, 2011-04).
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B. Background

    DOE most recently amended its dishwasher test procedures in a final 
rule published October 31, 2012 that established a new test procedure 
at appendix C1. 77 FR 65942 (``October 2012 final rule''). (For 
additional information on the history of test procedure rulemaking for 
dishwashers, please see the October 2012 final rule.) Appendix C1 
follows the same general procedures as those included in the previously 
established appendix (i.e., ``appendix C''), with updates to: (1) 
Revise the provisions for measuring energy consumption in standby mode 
or off mode; (2) add requirements for dishwashers with water softeners 
to account for regeneration cycles; (3) require an additional 
preconditioning cycle; (4) include clarifications regarding certain 
definitions, test conditions, and test setup; and (5) replace obsolete 
test load items and soils. 77 FR 65942, 65982-65987. Appendix C1 is 
currently required to demonstrate compliance with DOE's energy 
conservation standards for dishwashers at 10 CFR 430.32(f).
    The current version of the DOE test procedure includes provisions 
for determining estimated annual energy use (``EAEU'') in kilowatt-
hours per year (``kWh/year''), estimated annual operating cost 
(``EAOC'') in dollars per year, and water consumption in gallons per 
cycle (``gal/cycle''). (10 CFR 430.23(c)) On December 13, 2016, DOE 
published a final determination (``December 2016 Final Determination'') 
regarding the energy conservation standards for dishwashers in which 
DOE removed appendix C, which was applicable only to dishwashers 
manufactured before May 30, 2013. See 81 FR 90072, 90073.
    On August 20, 2019, DOE published a request for information 
(``August 2019 RFI'') seeking comments on the existing test procedure 
for dishwashers. 84 FR 43071. In the August 2019 RFI, DOE requested 
comments, information, and data about a number of issues, including: 
Cycle selections, cycle options, test load items, soils, annual number 
of cycles, loading pattern, detergent, rinse aid, water hardness, 
standby testing, room ambient conditions, incorporating requirements 
from existing waivers for testing dishwashers, repeatability and 
reproducibility of the test procedure, and efficiency metrics. Id.
    DOE received comments in response to the August 2019 RFI from the 
interested parties listed in Table I-1.\5\
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    \5\ The parenthetical reference provides a reference for 
information located in the docket of DOE's rulemaking to develop 
test procedures for dishwashers (Docket NO. EERE-2016-BT-TP-0012, 
which is maintained at www.regulations.gov). The references are 
arranged as follows: (Commenter name, comment docket ID number, page 
of that document).

                                   Table I-1--August 2019 RFI Written Comments
----------------------------------------------------------------------------------------------------------------
              Commenter(s)                 Reference in this NOPR                  Commenter type
----------------------------------------------------------------------------------------------------------------
Appliance Standards Awareness Project,   Joint Commenters.........  Efficiency Organizations.
 American Council for an Energy-
 Efficient Economy, Alliance to Save
 Energy, and Natural Resources Defense
 Council, Northwest Energy Efficiency
 Alliance, Consumer Federation of
 America, National Consumer Law Center
 on behalf of its low-income clients.
Association of Home Appliance            AHAM.....................  Trade Association.
 Manufacturers \6\.
California Energy Commission (``CEC'').  CEC......................  State Agency.
GE Appliances, a Haier company           GEA......................  Manufacturer.
 (``GEA'').
Pacific Gas and Electric Company         California Investor Owned  Utility Association.
 (``PG&E''), San Diego Gas and            Utilities (``CAIOUs'').
 Electric, and Southern California
 Edison.
Samsung Electronics America............  Samsung..................  Manufacturer.
Whirlpool Corporation..................  Whirlpool................  Manufacturer.
Anonymous..............................  Anonymous................  Individual.
----------------------------------------------------------------------------------------------------------------

    On October 30, 2020, DOE published a final rule (``October 2020 
Final Rule'') establishing a separate product class for standard size 
dishwashers with a cycle time for the ``normal'' cycle of less than one 
hour (i.e., 60 minutes) from washing through drying. 85 FR 68723. The 
definition for the new product class of standard size dishwashers with 
a ``normal'' cycle time of 60 minutes or less defines ``normal'' cycle 
time by reference to Section 1.12 of appendix C1. 10 CFR 
430.32(f)(1)(iii). On August 11, 2021, DOE published a NOPR (``August 
2021 NOPR'') proposing to revoke the final rule that established the 
new product class for dishwashers. 86 FR 43970. The new product class 
definition, as well as the previously established definitions for 
standard size dishwasher and compact dishwasher, incorporate by 
reference American National Standards Institute (``ANSI'') ANSI/AHAM 
DW-1-2010 for specifying the place settings used to distinguish between 
``standard'' and ``compact.'' 10 CFR 430.32(f)(1)(i)-(iii).
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    \6\ DOE notes that AHAM submitted an additional comment 
following close of the comment period in which it encouraged DOE to 
adopt the updated AHAM test procedure for dishwashers. (AHAM, No. 
11)
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II. Synopsis of the Notice of Proposed Rulemaking

    Currently, DOE incorporates by reference into 10 CFR part 430 the 
2010 edition of AHAM DW-1, ``Household Electric Dishwashers'' (``ANSI/
AHAM DW-1-2010'') and applies certain provisions of the standard to 
appendix C1. AHAM most recently updated AHAM DW-1 with the release of 
the 2020 edition and also renumbered the standard as AHAM DW-2 (``AHAM 
DW-2-2020''). AHAM also published the new standard AHAM DW-1-2020, 
``Uniform Test Method for Measuring the Energy Consumption of 
Dishwashers'' (``AHAM DW-1-2020''), which is consistent with the 
existing DOE test procedure in appendix C1, including referencing AHAM 
DW-2-2020 for the provisions where appendix C1 currently references 
ANSI/AHAM DW-1-2010. Several provisions in AHAM DW-1-2020 provide 
updates and additions as compared to the existing requirements in 
appendix C1.

[[Page 72741]]

    In this NOPR, DOE proposes to incorporate by reference into 10 CFR 
part 430 the new industry standard, AHAM DW-1-2020, and update the 
industry standard incorporated by reference in 10 CFR part 430 from 
ANSI/AHAM DW-1-2010 to AHAM DW-2-2020. Specifically, DOE proposes to:
    (1) Incorporate by reference AHAM DW-1-2020 into 10 CFR part 430 
and apply certain provisions of the industry standards to appendix C1, 
including the following:
    a. Add the water hardness specification in Section 2.11 of AHAM DW-
1-2020;
    b. Add the relative humidity specification in Section 2.5.1 of AHAM 
DW-1-2020 and the associated tolerance for the measurement instrument 
in Section 3.7 of AHAM DW-1-2020;
    c. Update the active mode ambient temperature as specified in 
Section 2.5.1 of AHAM DW-1-2020;
    d. Update the loading pattern requirement by applying the direction 
specified in Section 2.6 of AHAM DW-1-2020;
    e. Update the specifications for detergent usage consistent with 
Section 2.10 of AHAM DW-1-2020. This includes changing the type of 
detergent used, and the calculation of detergent dosage to be used for 
the pre-wash and main-wash cycles of dishwashers other than water re-
use system dishwashers;
    f. Add specific dishwasher door configuration requirements during 
standby mode testing, by incorporating the specifications in Section 
4.2 of AHAM DW-1-2020 and update the annual combined low-power mode 
hours based on cycle duration; and,
    g. Incorporate the requirements from AHAM DW-1-2020 for the test 
methods pertaining to two granted waivers for dishwashers with specific 
design features.
    (2) Establish new appendix C2, which would generally require 
testing as in appendix C1, with the following additional update:
    a. Updated number of annual cycles and low-power mode hours used 
for calculating the estimated annual energy use as specified in Section 
5 of AHAM DW-1-2020.
    For both appendix C1 and proposed new appendix C2, DOE additionally 
proposes to:
    (1) Specify provisions for scoring the test load and calculating a 
per-cycle cleaning index metric as specified in AHAM DW-2-2020 and 
establish a minimum cleaning index threshold of 65 as a condition for a 
test cycle to be valid.
    (2) Incorporate the test methods specified in a waiver for testing 
a basic model of dishwashers that does not hook up to a water supply 
line, but has a manually filled, built-in water tank. Additionally, 
incorporate the test methods specified in a waiver for basic models of 
dishwashers that are installed in-sink (as opposed to built-in to the 
cabinetry or placed on countertops).
    DOE's proposed actions are summarized in Table II-1 compared to the 
current test procedure, as well as the reason for the proposed change.

          Table II-1--Summary of Changes in Proposed Test Procedure Relative to Current Test Procedure
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                                          Proposed test
     Current DOE test procedure             procedure         Applicable test procedure         Attribution
----------------------------------------------------------------------------------------------------------------
References provisions of ANSI/AHAM   References provisions   Appendix C1 and appendix C2  Harmonize with
 DW-1-2010 for some aspects of the    of AHAM DW-1-2020                                    industry standard and
 test procedure.                      newly incorporated                                   practice.
                                      into 10 CFR part 430,
                                      with limited
                                      modifications.
Does not specify a water hardness    Adds water hardness     Appendix C1 and appendix C2  Harmonize with
 requirement.                         requirement to be                                    industry standard and
                                      consistent with AHAM                                 practice.
                                      DW-1-2020, which is 0
                                      to 85 parts per
                                      million of calcium
                                      carbonate.
Does not specify any range for       Specifies the relative  Appendix C1 and appendix C2  Harmonize with
 relative humidity.                   humidity (``RH'')                                    industry standard and
                                      requirement from AHAM                                practice.
                                      DW-1-2020, which is
                                      35 percent 15 percent.
Does not specify any                 References the          Appendix C1 and appendix C2  Harmonize with
 instrumentation for measuring        instrumentation                                      industry standard and
 relative humidity.                   requirements for                                     practice.
                                      measuring relative
                                      humidity from AHAM DW-
                                      1-2020.
Specifies that the ambient           References the ambient  Appendix C1 and appendix C2  Harmonize with
 temperature must be maintained at    temperature                                          industry standard and
 75[deg] 5[deg] F.        requirement from AHAM                                practice
                                      DW-1-2020, including
                                      maintaining it at a
                                      target temperature of
                                      75[deg] F.
Does not specify a loading pattern.  References the loading  Appendix C1 and appendix C2  Harmonize with
                                      pattern from AHAM DW-                                industry standard and
                                      1-2020, which                                        practice.
                                      specifies the same
                                      loading requirements
                                      as the ENERGY STAR
                                      Cleaning Performance
                                      Test Method.
References the detergent type and    References the          Appendix C1 and appendix C2  Harmonize with
 detergent dosing requirements from   detergent type and                                   industry standard and
 ANSI/AHAM DW-1-2010, which           detergent dosing                                     practice.
 specifies Cascade with the Grease    requirements from
 Fighting Power of Dawn as the        AHAM DW-1-2020, which
 detergent and dosing requirements    specifies Cascade
 based on water volumes in the        Complete Powder
 prewash and main wash cycles.        detergent and dosing
                                      requirements based on
                                      number of place
                                      settings.
Uses 215 annual cycles for           Reduces the annual      Appendix C2................  Harmonize with
 calculating annual energy use.       number of cycles to                                  industry standard and
                                      184 for calculating                                  practice.
                                      annual energy use.
Does not specify whether the         References the          Appendix C1 and appendix C2  Harmonize with
 dishwasher door should be open or    requirement from AHAM                                industry standard and
 closed during standby mode testing.  DW-1-2020, which                                     practice.
                                      specifies that the
                                      door must be opened
                                      at the end of an
                                      active cycle and
                                      closed immediately
                                      prior to standby
                                      power measurement.
Uses 8,465 hours to calculate        References the          Appendix C2................  Harmonize with
 combined low-power mode energy       requirement from AHAM                                industry standard and
 consumption for dishwashers that     DW-1-2020 to use the                                 practice.
 do not have a fan-only mode.         measured cycle
                                      duration to calculate
                                      combined low-power
                                      mode hours.
Does not include a method to test    Includes a method to    Appendix C1 and appendix C2  Response to waiver and
 dishwashers operating on 208-volt    test dishwashers                                     harmonize with
 power supply.                        intended for a 208-                                  industry standard and
                                      volt power supply,                                   practice.
                                      which is also
                                      included in AHAM DW-1-
                                      2020.
Does not include a method to test    Specifies the test      Appendix C1 and appendix C2  Response to waiver and
 dishwashers with a water re-use      method for                                           harmonize with
 system that uses water recovered     dishwashers with a                                   industry standard and
 from prior use.                      water re-use system                                  practice.
                                      from AHAM DW-1-2020.
Specifies installation instructions  Specifies installation  Appendix C1 and appendix C2  Response to waiver.
 and test provisions only for         instructions and test
 dishwashers that connect to a        provisions for
 water supply line.                   dishwashers that do
                                      not connect to a
                                      water supply line but
                                      instead have a built-
                                      in water tank.
Specifies installation instructions  Specifies installation  Appendix C1 and appendix C2  Response to waiver.
 only for under-counter and under-    instructions for ``in-
 sink dishwashers.                    sink'' dishwashers.

[[Page 72742]]

 
Requires placing detergent within a  Specifies detergent     Appendix C1 and appendix C2  Response to waiver.
 main wash detergent compartment.     placement
                                      instructions for
                                      dishwashers that do
                                      not have a main wash
                                      detergent compartment.
Does not specify measurement of the  Specifies measurement   Appendix C1 and appendix C2  Update in response to
 normal cycle time specifically for   of the duration of                                   new product class.
 determining whether a standard       the ``normal'' cycle
 size dishwasher has a normal cycle   for the purpose of
 time of 60 minutes or less.          product class
                                      determination.
Does not specify a minimum cleaning  References AHAM DW-2-   Appendix C1 and appendix C2  Ensure the test
 index threshold to valid a test      2020 to specify                                      procedure produces
 cycle.                               measurement of a per-                                test results which
                                      cycle cleaning index,                                measure energy and
                                      with a threshold                                     water use during a
                                      value of 65 as a                                     representative
                                      condition for a test                                 average use cycle.
                                      cycle to be valid.
----------------------------------------------------------------------------------------------------------------

    DOE has tentatively determined that the proposed amendments to the 
test procedure described in Section III of this document for appendix 
C1 would not require DOE to amend the energy and water conservation 
standards for dishwashers.
    The additional proposed amendments for the newly proposed appendix 
C2 would alter the reported energy and water consumption of 
dishwashers, as discussed in each relevant section of this NOPR. 
However, as proposed, testing in accordance with these specific 
proposed changes would not be required until such time as compliance is 
required with any amended energy conservation standards based on 
appendix C2.
    Discussion of DOE's proposed actions are addressed in detail in 
Section III of this document.

III. Discussion

    In the August 2019 RFI, DOE requested stakeholder feedback on 
several topics including test setup, dishwasher cycle-related 
specifications, potential inclusion of additional cycle features, 
representative test load with soiling levels, and whether further 
clarification is needed for the prescribed test procedure. 84 FR 43071.
    While DOE received specific comments pertaining to each topic on 
which it requested comments, DOE also received some general comments in 
response to the August 2019 RFI. An anonymous commenter stated that the 
Federal government should refrain from rulemakings on products. 
(Anonymous, No. 3 at p. 1) AHAM stated that the current test procedure 
produces representative results, is not unduly burdensome, and is 
consistent with the DOE Appliance Standard Program's goals. However, 
AHAM commented that there is inherent variation for soil-sensing 
dishwashers that could not be eliminated during testing, and that the 
test procedure should provide additional clarity and minimize 
variation, but there will always be some inconsistent soil responses in 
the test. (AHAM, No. 5 at pp. 2, 8) AHAM further stated that adding 
cycles or options, or changing the load or soils, would add significant 
test burden and decrease repeatability and reproducibility in some 
cases. However, AHAM stated, minor clarifications to the test procedure 
could improve it and suggested a number of clarifications in its 
comments, which DOE addresses in the relevant sections of this NOPR. 
(AHAM, No. 5 at p. 2) GEA and Whirlpool expressed support of AHAM's 
comments. (GEA, No. 10 at p. 1; Whirlpool, No. 4 at p. 1)
    In the following sections, DOE addresses the topics on which it 
requested feedback in the August 2019 RFI, summarizes stakeholder 
comments received, responds to these comments, and proposes updates to 
the test procedure based on comments and DOE's analyses.

A. Scope of Applicability

    This rulemaking applies to dishwashers, which are cabinet-like 
appliances which with the aid of water and detergent, wash, rinse, and 
dry (when a drying process is included) dishware, glassware, eating 
utensils, and most cooking utensils by chemical, mechanical and/or 
electrical means and discharge to the plumbing drainage system. 10 CFR 
430.2. DOE is not proposing to amend the scope of the current 
dishwasher test procedure.

B. Updates to Industry Standards

    The current dishwasher test procedure at appendix C1 references the 
AHAM industry standard, ANSI/AHAM DW-1-2010, for certain provisions of 
the DOE test procedure. In the August 2019 RFI, DOE requested comments 
in reference to this industry standard. 84 FR 43071, 43078. At the time 
of the August 2019 RFI, AHAM DW-1-2019, ``Household Electric 
Dishwashers'' (``AHAM DW-1-2019'') was the most recent version of the 
industry standard.
    In response to the August 2019 RFI, stakeholders commented on the 
potential incorporation by reference of AHAM DW-1-2019, the then-
current version of the industry standard. This NOPR refers to ANSI/AHAM 
DW-1-2010 and AHAM DW-1-2019, when discussing the August 2019 RFI and 
stakeholder comments, respectively.
    Since the publication of the August 2019 RFI, AHAM published AHAM 
DW-1-2020 and AHAM DW-2-2020.
    AHAM DW-1-2020 provides an industry test procedure for determining 
the energy and water consumption of dishwashers, updating the relevant 
test procedure provisions that were previously in ANSI/AHAM DW-1-
2010.\7\ AHAM DW-1-2020 specifies definitions, testing conditions, 
instrumentation, test cycle and measurements, and calculations for 
energy and water consumption of dishwashers. AHAM DW-1-2020 also 
references the IEC Standard 62301, ``Household electrical appliances--
Measurement of standby power'', Edition 2.0, 2011-01 (``IEC 62301 Ed. 
2.0'') for measuring standby mode and off mode power consumption. AHAM 
DW-1-2020 was developed by AHAM based upon the current appendix C1 and 
references, as applicable, AHAM DW-2-2020 in each instance where 
appendix C1 currently references ANSI/AHAM DW-1-2010.\8\ AHAM DW-1-2020 
also includes updates that reflect AHAM's comments in response to the 
August 2019 RFI. Additionally, AHAM included requirements pertaining to 
the

[[Page 72743]]

two dishwasher test procedure waivers that were in effect as of July 
2020. DOE participated in the AHAM DW-1-2020 development process and 
provided feedback and comments for the task group's consideration on 
various topics.
---------------------------------------------------------------------------

    \7\ As noted previously, AHAM DW-1-2019 included the measurement 
of cleaning performance but not energy or water consumption.
    \8\ The current references to ANSI/AHAM DW-1-2010 specify place 
settings, serving pieces, soiling procedures, loading procedures, 
and detergent specifications--all of which are now specified in AHAM 
DW-2-2020.
---------------------------------------------------------------------------

    AHAM DW-2-2020 supersedes the AHAM DW-1-2019 industry standard.\9\ 
AHAM included minor changes and illustrations to improve consistency 
throughout the document, to reflect the latest representative items 
used for testing, and to eliminate ambiguity in test preparation. DOE 
proposes to reference relevant sections of AHAM DW-2-2020, which 
includes setup, measurement, and calculation instructions for 
evaluating dishwasher cleaning performance, for its proposal to specify 
a per-cycle cleaning index threshold as a condition for a valid test 
cycle.
---------------------------------------------------------------------------

    \9\ AHAM updated its numbering scheme for dishwasher standards, 
wherein DW-2 measures cleaning performance, whereas DW-1 measures 
energy and water consumption.
---------------------------------------------------------------------------

    Because ANSI/AHAM DW-1-2010 and AHAM DW-1-2019 have been 
superseded, the updates proposed in this NOPR are consistent with AHAM 
DW-1-2020 and AHAM DW-2-2020, as appropriate. Where the requirements 
differ between succeeding documents, the implications of these 
differences are discussed in more detail in the respective sections of 
this NOPR.
    DOE is proposing to incorporate by reference into 10 CFR part 430 
the currently applicable industry test procedure for dishwashers, AHAM 
DW-1-2020. Simultaneously, DOE is also proposing to update the industry 
standard incorporated by reference in 10 CFR part 430 from ANSI/AHAM 
DW-1-2010 to AHAM DW-2-2020. In addition, DOE is proposing to reference 
in appendix C1 and newly proposed appendix C2 specific provisions of 
AHAM DW-1-2020 and AHAM DW-2-2020, with modifications, to clarify 
provisions where the applicable industry consensus standards would not 
produce test results that are representative of the energy and water 
use of certain products.
    DOE requests comment on its proposal to incorporate by reference 
into 10 CFR part 430 the most recent version of the industry standard 
for dishwasher energy and water use measurement, AHAM DW-1-2020, as 
well as the industry performance standard, AHAM DW-2-2020, both with 
modifications. DOE seeks comment on its preliminary conclusion that the 
proposed modifications to the industry standards are necessary so that 
the DOE test method satisfies the requirements of EPCA.

C. Metrics

    DOE's dishwasher test procedures in 10 CFR 430.23(c) and appendix 
C1 provide results for dishwasher energy consumption in kWh/year and 
water consumption in gal/cycle. In the August 2019 RFI, DOE requested 
feedback on an energy and water use metric on a per-place setting 
basis, including any data characterizing how the energy use of 
dishwashers on the market in the United States could be impacted by it. 
84 FR 43071, 43078.
    DOE received comments regarding potential per-place setting energy 
and water use metrics. AHAM opposed such metrics and recommended that 
DOE maintain the number of place settings and metrics currently in 
appendix C1. AHAM stated that per-place setting energy and water use 
metrics could be confusing, whereas the current method is a less 
complex way to compare products. Also, AHAM expressed concern that a 
per-place setting metric would be too reliant on a claimed value of the 
number of place settings. (AHAM, No. 5 at p. 9) GEA expressed its 
support of AHAM's comments, stating that a per-place setting 
measurement would encourage manufacturers to increase the listed number 
of place settings to allow a higher maximum annual energy use, and that 
a uniform metric ensures appropriate comparison of ratings among 
models. (GEA, No. 10 at p. 2) The Joint Commenters also opposed the 
incorporation of per-place setting metrics for energy and water usage 
and provided data that they stated demonstrates that there is no 
correlation between place-setting capacity and energy or water use. 
(Joint Commenters, No. 8 at pp. 2-3) The CAIOUs also did not support 
per-place setting energy and water metrics, commenting that they have 
found no correlation between capacity and energy or water use, and that 
such metrics would cause confusion in the market. (CAIOUs, No. 7 at p. 
3)
    In this NOPR, DOE does not propose changing the efficiency metrics 
to a per-place setting basis. At this time, DOE does not have data to 
support the adoption of such a metric. The data submitted by the Joint 
Commenters demonstrates a wide range of certified annual energy and 
per-cycle water use values among units available on the market listed 
in DOE's Compliance Certification Database.
    DOE agrees with the Joint Commenters' assertion that currently 
available data demonstrates no consistent correlation between place-
setting capacity and either energy or water use. Additionally, such a 
metric would also likely require development of an additional method to 
determine capacity based on place settings. At this time, DOE proposes 
to maintain the current efficiency metrics in appendix C1 and the new 
appendix C2.

D. Test Setup

1. Water Hardness
    Appendix C1 does not currently specify any water hardness 
requirement for testing. In the August 2019 RFI, DOE requested 
information on how water hardness may impact consumer dishwasher energy 
and water performance, and on the burden associated with including a 
water hardness requirement in the DOE test procedure. 84 FR 43071, 
43077. DOE also requested information on the hardness level of water 
used in current testing as compared to the water hardness level 
specified in ANSI/AHAM DW-1-2010, and the degree to which the water 
hardness level impacts whether the test procedure is reasonably 
designed to measure energy or water use during a representative use 
cycle or period of use. Id.
    AHAM, GEA, Joint Commenters, CAIOUs, and CEC expressed concern over 
the potential variability caused by the lack of a water hardness 
condition and recommended that DOE implement a water hardness 
requirement between 0 and 85 parts per million (``ppm'') of calcium 
carbonate (``CaCO3''), consistent with ANSI/AHAM DW-1-2010. 
(AHAM, No. 5 at p. 7; GEA, No. 10 at p. 2; Joint Commenters, No. 8 at 
p. 1; CAIOUs, No. 7 at p. 2; CEC, No. 6 at p. 2) AHAM further stated 
that the water hardness specifications in AHAM DW-1-2019, which are the 
same as the water hardness specifications in ANSI/AHAM DW-1-2010, are 
consistent with laboratory practice. Further, AHAM expects that 
laboratories already have this capability and that including the 
requirement in DOE's test procedure would not increase test burden and 
would add clarity to the test. (AHAM, No. 5 at p. 7).
    These comments from interested parties suggest that varying levels 
of water hardness may impact measured energy and water usage during 
testing. To reduce potential variability across testing facilities and 
to support reproducibility of results, DOE proposes incorporating the 
water hardness requirements in Section 2.11 of AHAM DW-1-2020, which 
specifies a maximum water hardness of 85 ppm of CaCO3. This 
water hardness specification is the same as the water

[[Page 72744]]

hardness specification in ANSI/AHAM DW-1-2010, AHAM DW-1-2019, and AHAM 
DW-2-2020, indicating on-going industry practice. Additionally, in the 
October 2012 final rule, AHAM and Whirlpool commented that the American 
Water Works Association found a water hardness range of 0 to 85 ppm to 
be the normal range occurring in municipal water supplies, and 
Whirlpool stated that the water hardness specification was intended to 
reduce lab-to-lab test variation. 77 FR 65942, 65967. Although DOE did 
not adopt a water hardness specification in the October 2012 final rule 
due to a lack of data, it acknowledged that it had proposed to include 
such a water hardness requirement in the ENERGY STAR test method for 
evaluating dishwasher cleaning performance that was under development 
at that time, and that DOE might consider the topic again in a future 
rulemaking if such data became available. Id. DOE finalized the ENERGY 
STAR ``Test Method for Determining Residential Dishwasher Cleaning 
Performance'' (``ENERGY STAR Cleaning Performance Test Method'') in 
2014, which includes such a water hardness specification and which 
manufacturers have the option to use to report cleaning performance 
data. As such, certain manufacturers may already be testing their 
dishwashers according to these water hardness specifications. DOE notes 
that nine dishwasher brands are included in ENERGY STAR's Most 
Efficient database,\10\ and that manufacturers of these models must 
report cleaning performance as measured by the ENERGY STAR Cleaning 
Performance Test Method. Furthermore, AHAM stated that it expects 
laboratories already have the capability to control water hardness to 
within these specifications. As such, DOE does not expect this proposal 
to be unduly burdensome or impact the rated energy and water use of 
dishwashers.
---------------------------------------------------------------------------

    \10\ ENERGY STAR Most Efficient database available at 
www.energystar.gov/most-efficient/me-certified-dishwashers. Last 
accessed October 23, 2020.
---------------------------------------------------------------------------

    Additionally, as described further in Section III.G of this 
document, DOE is proposing to specify a minimum cleaning index 
threshold as a condition for a valid test cycle, which may also be 
impacted by water hardness.
    DOE requests comment on its proposal to require use of the water 
hardness requirements from Section 2.11 of AHAM DW-1-2020.
2. Relative Humidity
    Currently, appendix C1 does not specify an ambient relative 
humidity for testing. In the August 2019 RFI, DOE requested comment on 
whether ambient relative humidity affects energy or water consumption, 
and whether test facilities already maintain an ambient relative 
humidity of 20 to 50 percent, as specified in ANSI/AHAM DW-1-2010. 
Additionally, DOE requested information on what, if any, test burden 
would result from a relative humidity specification and the extent of 
any such burden. 84 FR 43071, 43077.
    AHAM supported amending appendix C1 to specify relative humidity 
test conditions, stating that relative humidity is a potential source 
of variation. AHAM recommended specifying relative humidity consistent 
with the requirements in AHAM DW-1-2019, which according to AHAM, would 
entail minimal test burden since testing facilities already have such 
capability. AHAM further commented that imposing a relative humidity 
requirement would add clarity to the test procedure and reduce 
variation among testing laboratories. (AHAM, No. 5 at p. 8) GEA also 
expressed support for establishing a relative humidity requirement 
consistent with AHAM DW-1-2019. (GEA, No. 10 at p. 2).
    DOE proposes amending appendix C1 to include the relative humidity 
requirement of AHAM DW-1-2020, which specifies in Section 2.5.1 that an 
ambient relative humidity condition of 35 percent 15 
percent must be maintained in the testing room throughout the soiling 
application and 2-hour air dry period. DOE also proposes to include 
this same requirement in the new appendix C2. The proposed ambient 
relative humidity level is the same requirement specified in ANSI/AHAM 
DW-1-2010, which DOE referred to in its August 2019 RFI, and AHAM DW-1-
2019, which stakeholders referenced in their comments.
    DOE's testing experience suggests that ambient relative humidity 
could potentially impact the adherence of the applied soils to the test 
load during the 2-hour air-dry period specified in AHAM DW-2-2020 
(which is the same as that specified in ANSI/AHAM DW-1-2010 and AHAM 
DW-1-2019). The adherence of the applied soil loads to the dishware 
could impact the amount of energy and water required to remove those 
soils for soil-sensing dishwashers, which constitute a significant 
percentage of dishwashers on the market. Further, adherence of the 
applied soil loads could impact cleaning performance, which in turn 
could impact the determination of the validity of each test cycle (see 
Section III.G of this document for more details). Establishing a 
relative humidity requirement would limit any such potential variation 
and increase repeatability and reproducibility of test results. As 
discussed, the proposed relative humidity requirement is the same as 
the requirement in AHAM dishwasher standards, indicating that this 
reflects current industry practice. Additionally, AHAM stated that it 
expects laboratories already have the capability to control relative 
humidity to within these specifications. As such, DOE does not expect 
this proposal to increase test burden as compared to current industry 
practice.
    In conjunction with this proposed relative humidity test condition, 
DOE also proposes to include the relative humidity measuring device 
requirement specified in Section 3.7 of AHAM DW-1-2020, which states 
that relative humidity measurement equipment must have a resolution of 
at least 1 percent relative humidity, and an accuracy of at least 
6 percent relative humidity over the temperature range of 
75 degrees Fahrenheit (``[deg]F'') 5 [deg]F.
    DOE has compared this proposed requirement to the relative humidity 
measuring device requirements currently specified in other DOE test 
procedures. The Uniform Test Method for Measuring the Energy 
Consumption of Clothes Dryers at 10 CFR part 430, subpart B, appendix 
D1 and appendix D2; appendix E (Water Heaters); appendix H (Television 
Sets); appendix M and appendix M1 (Central Air Conditioners and Heat 
Pumps); appendix O (Vented Home Heating Equipment); appendix U (Ceiling 
Fans); appendix X1 (Dehumidifiers); and appendix AA (Furnace Fans) all 
require the use of a measuring device with a specified error tolerance 
to measure relative humidity. These appendices specify tolerances for 
the relative humidity measuring device ranging from 0.7 percent to 5 
percent relative humidity. Therefore, DOE's proposal specifying a 
maximum error of no greater than 6 percent relative 
humidity to ensure accurate measurement of relative humidity while 
testing should not cause undue burden, since testing facilities that 
test other covered consumer products or equipment that require control 
of the ambient relative humidity already have the capability to meet 
the proposed requirement.
    DOE requests comment on its proposal to reference AHAM DW-1-2020 
for the relative humidity and

[[Page 72745]]

associated instrumentation requirements, which specifies a relative 
humidity test condition of 35 percent 15 percent, and a 
resolution of at least 1 percent relative humidity and an accuracy of 
at least 6 percent relative humidity over the temperature 
range of 75 [deg]F 5 [deg]F for the relative humidity 
measuring device. To the extent that stakeholder have additional 
information, DOE requests data regarding the impact of relative 
humidity on dishwasher energy and water usage.
3. Ambient Temperature
    Section 2.5.1 of appendix C1 currently specifies an ambient 
temperature of 75 [deg]F 5 [deg]F for active mode testing. 
In the August 2019 RFI, DOE requested comment regarding the impacts of 
narrowing the allowable ambient temperature range on dishwasher energy 
and water consumption, and whether this change would represent a burden 
for test facilities. 84 FR 43071, 43077.
    In response, AHAM requested that DOE maintain the same room ambient 
temperature range of 75 5 [deg]F, but that the test 
procedure should specify that 75 [deg]F is the nominal target 
temperature. AHAM stated that the DOE clothes washer test procedure at 
10 CFR part 430, subpart B, appendix J2 uses the same approach of 
establishing both a tolerance range and a target temperature. (AHAM, 
No. 5 at p. 8) GEA and Whirlpool additionally recommended specifying a 
target temperature of 75 [deg]F in accordance with AHAM's suggestion. 
(GEA, No. 10 at p. 2; Whirlpool, No. 4 at p. 3) Whirlpool further 
stated that the temperature range is potentially a large source of 
variation in the test, and suggested reducing the allowable temperature 
tolerance from a range of 10 [deg]F, providing confidential data to 
support its position. (Whirlpool, No. 4 at p. 3)
    DOE notes that Section 2.5.1 of AHAM DW-1-2020 specifies an ambient 
temperature of 75 [deg]F 5 [deg]F and further specifies a 
target temperature of 75 [deg]F. DOE is proposing to reference these 
ambient temperature requirements in AHAM DW-1-2020 in appendix C1 and 
the new appendix C2. This proposed amendment would improve 
repeatability and reproducibility of results while minimizing 
additional test burden. As the proposed amendment is consistent with 
the industry standard, it reflects current industry practice. 
Additionally, as commented by AHAM, this amendment is consistent with 
the approach used to specify ambient temperature in the clothes washer 
test procedure at appendix J2.
    DOE requests input on its proposal to specify a target nominal 
ambient temperature of 75 [deg]F for active mode testing, as referenced 
from AHAM DW-1-2020.
4. 208-Volt Power
    On April 10, 2017, DOE published a Decision and Order granting 
Miele, Inc. (``Miele'') a test procedure waiver (``Miele waiver'') for 
testing a specified basic model intended for a 208-volt power supply 
rather than the 115 volts or 240 volts specified in appendix C1. 82 FR 
17227 (Case No. DW-12).\11\ Miele is required to test the basic model 
specified in the Miele waiver using appendix C1, except that it must 
maintain the electrical supply to the dishwasher at 208 volts 2 percent and within 1 percent of its nameplate frequency as 
specified by the manufacturer; and maintain a continuous electrical 
supply to the unit throughout testing, including the preconditioning 
cycles, specified in Section 2.9 of appendix C1, and in between all 
test cycles. 82 FR 17227, 17228-17229.
---------------------------------------------------------------------------

    \11\ All materials regarding the Miele waiver are available in 
docket EERE-2016-BT-WAV-0039 at www.regulations.gov.
---------------------------------------------------------------------------

    In the August 2019 RFI, DOE requested feedback on whether the test 
procedure waiver provisions were generally appropriate for testing 
basic models with the same attributes as those subject to the Miele 
waiver. 84 FR 43071, 43078.
    In response, both GEA and AHAM supported incorporating the 
provisions of the Miele waiver into appendix C1. (AHAM, No. 5 at p. 9; 
GE, No. 10 at p. 2) Subsequently, AHAM published the AHAM DW-1-2020 
standard, which includes provisions in Section 2.2.2 for testing 
dishwashers that operate with an electrical supply of 208 volts.
    As soon as practicable after the granting of any waiver, DOE is 
required to publish in the Federal Register a notice of proposed 
rulemaking to amend its regulations so as to eliminate any need for the 
continuation of such waiver. 10 CFR 430.27(l). As soon thereafter as 
practicable, DOE will publish in the Federal Register a final rule. Id. 
Since AHAM DW-1-2020 includes the language from the Miele waiver, DOE 
proposes to reference these requirements in appendix C1 and the new 
appendix C2 for dishwashers that operate at 208-volts.
    DOE requests comment on its proposal to reference in appendix C1 
and the new appendix C2 the testing provisions from AHAM DW-1-2020 to 
address the Miele waiver for dishwashers that operate at 208-volts.
5. Built-In Water Reservoir
    DOE published a Decision and Order on December 9, 2020 (``December 
2020 Decision and Order''), granting CNA International Inc. (``CNA'') a 
test procedure waiver (``CNA waiver'') for a basic model of a compact 
dishwasher that does not connect to a water supply line and instead has 
a built-in reservoir that must be manually filled with water. 85 FR 
79171 (Case No. 2020-008).\12\ This NOPR proposes amendments regarding 
the specific design characteristics addressed in the CNA waiver, 
generalized to be applicable to any future dishwasher models with this 
design characteristic, so as to eliminate any need for the continuation 
of this waiver.
---------------------------------------------------------------------------

    \12\ All materials regarding the CNA waiver are available in 
docket EERE-2020-BT-WAV-0024 at www.regulations.gov.
---------------------------------------------------------------------------

    On September 4, 2020, DOE published a notice that announced its 
receipt of the petition for waiver and granted CNA an interim waiver. 
85 FR 55268 (``CNA Notice of Petition for Waiver''). In its petition 
for waiver and petition for interim waiver, CNA requested that DOE 
waive sections of the dishwasher test procedure requiring water inflow 
and water pressure criteria pertaining to a water hookup that allows 
automatic water inflow into the machine during the test cycle. 85 FR 
55268, 55270 Instead, CNA suggested an alternate test procedure in 
which the water tank is manually filled before the test is run and 
water consumption is stipulated. (Id.) In the CNA Notice of Petition 
for Waiver, DOE granted CNA an interim waiver that specified an 
alternate test procedure that would be appropriate for testing the 
subject basic model and solicited comments from interested parties on 
all aspects of the petition and the specified alternate test procedure. 
Id. at 85 FR 55270-55271. DOE received two comments in response to the 
Notice of Petition for Waiver, and an additional comment response on 
behalf of CNA.
    Based on review of these comments, DOE determined in the December 
2020 Decision and Order that the alternate test procedure granted in 
the interim waiver, with additional clarifying modifications, will 
allow for the accurate measurement of the energy and water use of the 
product while alleviating the problems CNA identified regarding testing 
the specified basic model according to DOE's applicable dishwashers 
test procedure. 85 FR 79171, 79171. In particular, the alternate

[[Page 72746]]

test procedure specified in the December 2020 Decision and Order 
included the following provisions:

    (1) The water pressure, water meter, and water pressure gauge 
specifications do not apply because the water is added manually to 
the reservoir;
    (2) Instructions to manually fill the built-in water reservoir 
to the full 5-liter reservoir capacity stated by the manufacturer;
    (3) The water temperature is in accordance with Section 2.3.3 of 
appendix C1 (i.e., 50[deg] 2 [deg]F)
    (3) Instructions regarding the required sequence of events as 
specified in the manufacturer instructions: Power on the dishwasher, 
then manually fill the built-in water reservoir, then begin the test 
cycle within 2 minutes after powering on the dishwasher;
    (4) For each preconditioning cycle, the built-in reservoir is 
manually filled before each cycle, and measurement of the prewash 
fill water volume (if any) and main wash fill water volume are not 
taken; instead, main wash fill water volume is specified as 0.396 
gallons (1.5 liters);
    (6) Water consumption measurements are not performed; instead, 
water consumption is specified as 4.8 liters.

85 FR 79171, 79174.
    DOE proposes to incorporate each of these provisions into both 
appendix C1 and proposed new appendix C2, generalizing those provisions 
that were specific to the basic model subject to the CNA waiver to be 
applicable for a dishwasher of any capacity with a manually filled 
built-in water reservoir. Specifically:

    (1) Refer to the full reservoir capacity as reported by the 
manufacturer (rather than specifying the full capacity as 5 liters);
    (2) Require following any sequence of events specified in the 
manufacturer instructions (rather than specifying the particular 
sequence of events required for the basic model subject to the CNA 
waiver);
    (3) Use the prewash fill water volume (if any) and main wash 
water fill volume as reported by the manufacturer (rather than 
specifying a main wash fill water volume of 1.5 liters);
    (4) Water consumption for each test cycle is the value reported 
by the manufacturer (rather than specifying water consumption as 4.8 
liters).

    DOE requests comment on its proposal to incorporate the 
requirements of the CNA waiver for any dishwasher with a built-in 
reservoir. In particular, DOE requests stakeholder feedback on using 
the detergent dosage requirement based on number of place settings 
rather than main wash water volume in the new appendix C2, for 
dishwashers with built-in reservoirs.
6. In-Sink Installation
    On October 15, 2020, FOTILE Kitchen Ware Co. Ltd. (``FOTILE'') 
filed a petition for waiver and interim waiver seeking a waiver from 
the installation requirements specified in appendix C1, which pertain 
to under-counter or under-sink dishwashers. 86 FR 26712, 26713.
    In granting FOTILE an interim waiver on February 8, 2021, DOE noted 
that FOTILE's alternate test procedure specified a test enclosure that 
differed from the installation instructions provided in the operation 
manual. 86 FR 8548, 8549. Specifically, the alternate test procedure 
retained a requirement that the enclosure be brought into the closest 
contact with the appliance that the configuration of the dishwasher 
allows. In the case of FOTILE's basic models, this would include close 
contact between the bottom of the enclosure and the underside of the 
in-sink dishwasher. In the FOTILE interim waiver notice, DOE noted that 
because the height of the product is 2\15/16\ inches (541 millimeters 
(mm)), placing the bottom part of the enclosure as close as possible to 
the bottom of the compact in-sink dishwasher would conflict with the 
installation instructions in the operation manual, which specify a 
minimum enclosure height of 35\7/16\ inches (900 mm). Id. This may 
potentially result in differing heat losses from the dishwasher that 
could impact energy consumption during the cycle. Id. In the interim 
waiver notice, DOE further noted that specifying the enclosure would be 
consistent with the manufacturer installation instructions and would 
provide results that are more representative of average use and 
requested comment on this topic. 86 FR 8548, 8551. DOE did not receive 
any comments in response to the FOTILE interim waiver.
    On May 17, 2021, DOE published a Decision and Order granting FOTILE 
the waiver (``FOTILE waiver''). 86 FR 26712, 26715-26716 (Case No. 
2020-020).\13\ Specifically, according to the published FOTILE waiver, 
FOTILE is required to test compact in-sink dishwashers using appendix 
C1 with modifications to install these dishwasher basic models from the 
top of a rectangular enclosure (as opposed to the front). 86 FR 26712, 
26713. DOE also specified the use of the installation requirements that 
were proposed in the alternate test procedure in the FOTILE interim 
waiver, with modifications to the provisions pertaining to the 
enclosure in which the dishwasher is tested. 86 FR 26712, 26714-26715.
---------------------------------------------------------------------------

    \13\ All materials regarding the FOTILE waiver are available in 
docket EERE-2020-BT-WAV-0035 at www.regulations.gov.
---------------------------------------------------------------------------

    On July 22, 2021, DOE published a notification of extension of 
waiver granting a waiver to additional in-sink FOTILE basic model 
dishwashers. 86 FR 38700 (Case No. 2021-005).
    DOE proposes to incorporate into appendix C1 and the new appendix 
C2 the alternate test procedures in the FOTILE waiver, such that the 
installation requirements would be applicable for any in-sink 
dishwasher. Specifically, DOE proposes that the requirements pertaining 
to the rectangular enclosure for under-counter or under-sink 
dishwashers that are specified in Section 2.1 of AHAM DW-1-2020 would 
not be applicable to in-sink dishwashers. For such dishwashers, DOE 
proposes that the rectangular enclosure must consist of a front, a 
back, two sides, and a bottom. The front, back, and sides of the 
enclosure must be brought into the closest contact with the appliance 
that the dishwasher configuration allows. DOE additionally proposes 
that the height of the enclosure must be as specified in the 
manufacturer's instructions for installation height. If no instructions 
are provided, DOE proposes that the enclosure height must be 36 inches, 
since this is the typical height of kitchen cabinetry with counters 
attached, which is where such a dishwasher would be installed. DOE also 
proposes that the dishwasher must be installed from the top and mounted 
to the edges of the enclosure.
    DOE requests comment on its proposal to incorporate into appendix 
C1 and the new appendix C2 the installation requirements for in-sink 
dishwashers from the FOTILE waiver.
7. Absence of Main Detergent Compartment
    In addition to seeking a waiver for the installation requirements 
for in-sink dishwashers, the basic models for which FOTILE sought a 
waiver do not have a main detergent compartment. 86 FR 26712, 26713. 
Specifically, according to the published FOTILE waiver, FOTILE is 
required to test compact in-sink dishwashers placing the detergent 
directly into the washing chamber. 86 FR 26712, 26715.
    In this NOPR, DOE proposes to incorporate the provisions for 
detergent placement specified in the FOTILE waiver into both appendix 
C1 and proposed new appendix C2, generalizing this provision such that 
it would be applicable to any dishwasher that does not have a detergent 
compartment.
    DOE requests comment on its proposal that the detergent must be 
placed directly into the dishwasher

[[Page 72747]]

chamber for any dishwasher that does not have a prewash or main wash 
detergent compartment.

E. Test Cycle Amendments

1. Cycle Selections
    In the August 2019 RFI, DOE requested feedback on certain aspects 
regarding dishwasher testing cycle selection. DOE requested information 
on consumers' selection frequency of normal cycles and other cycle 
types, in addition to the data gathered in the U.S. Energy Information 
Agency's (``EIA'') 2015 Residential Energy Consumption Survey 
(``RECS''). DOE also sought information on whether cycle selection 
varies based on a specific product's energy and water consumption; if 
additional cycle options are available with the normal cycle, including 
any temperature or drying options other than those recommended by the 
manufacturer, the means for consumers to select additional cycle 
options; and the frequency with which consumers select the options. 84 
FR 43071, 43074.
    AHAM commented that consumers still most frequently select the 
normal cycle, and when consumers decide on a cycle selection, they 
typically use it for most of their cycles. Therefore, AHAM opposed any 
changes to the currently tested normal cycle. (AHAM, No. 5 at p. 3) 
AHAM asserted that EPCA does not require every possible cycle, 
combination of options, or use pattern to be tested, as such testing 
would be unduly burdensome to conduct and not representative of an 
average use cycle or period of use. AHAM commented that all potential 
use conditions need not be tested for representative results. According 
to AHAM, to establish or amend representative average use cycles, DOE 
must demonstrate national, statistically average consumer behavior that 
would warrant changing the current test procedure, based on consumer 
usage data. AHAM concludes there is no basis for extrapolating regional 
consumer data. (AHAM, No. 5 at p. 2) AHAM opposed adding more cycle 
options to the test because it asserts that there are not sufficient 
data, and the test could be unduly burdensome to conduct. (AHAM, No. 5 
at p. 3).
    Conversely, CEC commented that although it does not have 
information indicating frequent selection of other cycle types in 
addition to the normal cycle, if DOE has information indicating 
frequent consumer selection of other cycle types, then DOE is obligated 
to include measurement of the energy consumption of those other cycle 
types in the test procedure. (CEC, No. 6 at pp. 1-2).
    Both GEA and Whirlpool supported AHAM's comment that the normal 
cycle should remain the tested cycle. (GEA, No. 10 at p. 2; Whirlpool, 
No. 4 at p. 2) Both manufacturers submitted confidential data that 
supported the position that the manufacturer-designated normal cycle 
still represents consumer preference regarding cycle selection. (GEA, 
No. 10 at p. 3; Whirlpool, No. 4 at p. 2).
    Samsung supported DOE's initiatives to study consumer data on which 
cycle is most representative of consumer use. (Samsung, No. 9 at p. 2).
    The CAIOUs referenced PG&E's 2016 Home Energy Use Survey to support 
their claim that the tested normal cycle including any power-dry 
feature, in the current test procedure, is still the cycle most 
representative of how consumers operate dishwashers. The CAIOUs further 
stated that consumers would be less likely to switch from using the 
normal cycle if DOE were to incorporate cleaning performance in the 
test procedure, and recommended DOE investigate incorporating a 
cleaning performance test. (CAIOUs, No. 7 at pp. 1-2).
    Absent data that reflects national use and frequency of use of 
other cycle types, DOE is not proposing changes to cycle selections for 
testing at this time. However, as discussed in more detail in Section 
III.G of this document, DOE is proposing a minimum cleaning index 
threshold for a test cycle to be considered valid. Under the proposal, 
if the normal cycle does not meet a specified threshold at any soil-
load, DOE proposes that the most energy-intensive cycle be tested and 
used for certification purposes at that soil load. DOE believes this 
alternative approach would better represent an average use cycle by 
capturing those consumers that may select other cycles for washing 
dishes if the cleaning performance of the normal cycle does not meet 
their expectations, because higher energy use provides increased 
thermal and mechanical action for removing soils, thus correlating 
generally with improved cleaning performance.
    In response to the August 2019 RFI, Samsung also commented that DOE 
should specify that the manufacturer-recommended cycle for normal, 
regular, or typical use with the lowest energy efficiency should be 
selected as the test cycle if multiple cycle settings meet the 
definition of ``normal cycle.'' (Samsung, No. 9 at p. 2).
    Regarding Samsung's suggestion, DOE notes that the current test 
procedure at appendix C1 already defines a ``normal cycle'' in Section 
1.12 as the manufacturer-recommended cycle for daily, regular, or 
typical use. Section 1.12 additionally specifies that if more than one 
cycle meets the definition of a normal cycle, the most energy-intensive 
cycle (i.e., the cycle with the lowest energy efficiency) is considered 
the normal cycle. Section 1.12 of appendix C1. Therefore, the current 
test procedure already addresses Samsung's suggestion.
    Based on the information and comments received, DOE is not 
proposing any changes to the dishwasher test cycle selections, except 
with regard to validating the test cycle pursuant to the minimum 
cleaning index threshold that DOE proposes to include in appendix C1 
and the new appendix C2. (See Section III.G of this document.) DOE is 
also not proposing to add any additional cycle options to the tested 
normal cycle.
2. Drying Energy Measurement
    Section 5.3 of appendix C1 specifies a methodology for determining 
the ``drying energy'' consumption of a dishwasher. Dishwashers 
typically incorporate technologies to assist with drying the dishes 
after completion of the rinse portion of the cycle. Some dishwashers 
use an exposed resistance heater to heat the air inside the washing 
chamber after the final rinse to evaporate the water from the dishware. 
Other dishwasher models, however, do not use a resistance heater to 
heat the air, but instead achieve drying by raising the temperature of 
the final rinse water. The heated rinse water evaporates more quickly 
from the dishes after completion of the rinse portion of the cycle.
    Section 1.14 of appendix C1 defines ``power-dry feature'' as the 
introduction of electrically-generated heat into the washing chamber 
for the purpose of improving the drying performance of the dishwasher. 
Further, the definition of ``normal cycle'' in Section 1.12 of appendix 
C1 specifically includes the power-dry feature as part of the normal 
cycle. Section 5.3 of appendix C1 specifies a methodology for 
calculating the energy consumed by the power-dry feature after the 
termination of the last rinse option (emphasis added). Half of this 
drying energy is subtracted from the total dishwasher energy 
calculations of EAOC and EAEU at 10 CFR 430.23(c)(1) and (2), 
respectively.\14\
---------------------------------------------------------------------------

    \14\ This reflects consumer use of the power-dry feature for 50 
percent (i.e., half) of dishwasher cycles.
---------------------------------------------------------------------------

    Because the application of Section 5.3 is limited to drying energy 
consumed only after the termination of the last rinse option, it would 
not be applicable to the drying energy use of a dishwasher

[[Page 72748]]

that employs heated rinse technology, since such energy is consumed as 
part of the final rinse rather than after the final rinse. Rather, the 
energy use associated with the heated rinse would be captured as part 
of the normal cycle machine energy consumption. As a result, the energy 
use associated with heated rinse drying technology would be factored 
into EAOC and EAEU in its entirety, rather than only by half, as 
described for units with conventional power-dry technology that occurs 
after the final rinse.
    DOE requested information and data on the extent to which 
manufacturers increase the temperature of the final rinse water to 
improve drying performance. 84 FR 43071, 43074. DOE further requested 
information on the extent to which manufacturers implement such a 
drying strategy as part of the normal cycle, and whether and to what 
extent such units provide an option to eliminate this drying function. 
Id. DOE also requested data and information on the energy use 
associated with increasing the temperature of the final rinse water as 
a means to improve drying performance, including any available options. 
Id.
    AHAM opposed the addition of cycle options, including a power-dry 
option, to appendix C1. They claimed a lack of available data to 
suggest that consumers were selecting a power-dry feature at a 
frequency that would be considered representative of ``average'' 
consumer use. Therefore, requiring the selection of a power-dry option 
while testing would add unnecessary test burden. (AHAM, No. 5 at p. 3) 
GEA supported AHAM's comments opposing the addition of cycle options 
stating that there is no justification for adding cycle options the 
test procedure, including the power dry feature. (GEA, No. 10 at p. 2)
    In response to the comments from AHAM and GEA regarding the testing 
of a power-dry option, DOE notes that appendix C1 already requires 
testing of a power-dry cycle option, if available. Appendix C1 requires 
testing of dishwashers on the normal cycle, which is defined as the 
``cycle type, including washing and drying temperature options, 
recommended in the manufacturer's instructions for daily, regular, or 
typical use to completely wash a full load of normally soiled dishes 
including the power-dry feature'' (emphasis added). Section 1.12 of 
appendix C1. That is, the power-dry option is already selected during 
testing, if available.
    At this time, DOE does not propose any changes to the measurement 
of drying energy to accommodate units that use heated rinse to achieve 
drying. The current measurement of drying energy consumption is 
dependent upon a clearly identifiable boundary between the conclusion 
of the final rinse and the activation of electrically-generated heat 
into the washing chamber. For units that use heated rinse to achieve 
drying, DOE initially determines that it would be burdensome to isolate 
the energy specifically attributable to raising the temperature of the 
final rinse, since such energy use would be embedded within the total 
energy use measured during that portion of the cycle; i.e., it would 
not be possible to determine the ``drying energy'' without, for 
example, sub-metering the electrical energy use of the internal water 
heater. For these reasons, DOE is not proposing any changes to the 
existing requirements for measuring drying energy.
3. Annual Number of Cycles
    Section 5.7 of appendix C1 calculates combined low-power mode 
energy consumption, which factors into the EAEU calculation, using 215 
annual cycles. DOE established the 215-cycle value in the August 2003 
final rule, relying on data from several sources on consumer dishwasher 
usage behavior, including the 1997 version of RECS, several consumer 
dishwasher manufacturers, detergent manufacturers, energy and consumer 
interest groups, independent researchers, and government agencies. 68 
FR 51887, 51889-51890. In the August 2019 RFI, DOE referenced an energy 
conservation standards NOPR published December 12, 2014 (79 FR 76142, 
``December 2014 NOPR'') and chapter 7 of its accompanying technical 
support document (``TSD''), which provided justification for using 215 
cycles as the annual cycle estimate for EAEU calculations.\15\ 84 FR 
43071, 43075. In the December 2014 NOPR, DOE considered survey data 
from the 2009 version of RECS--which suggested 171 average annual 
cycles--but determined that because RECS 2009 used a binning approach 
\16\ rather than providing point estimates of usage, and because of the 
large data set of consumers' residential dishwasher usage habits used 
to develop the 215-cycle value, it would retain use of that value. 79 
FR 76142, 76156. DOE also noted that 215 cycles per year is the number 
of cycles on which the EnergyGuide label administered by the Federal 
Trade Commission (``FTC'') is based. Id.
---------------------------------------------------------------------------

    \15\ December 2016 Final Determination technical support 
document available at www.regulations.gov/document?D=EERE-2014-BT-STD-0021-0029.
    \16\ Specifically, RECS 2009 provides data on the number of 
residential dishwasher cycles in the following bins: (1) Less than 
once per week, (2) once per week, (3) 2-3 times per week, (4) 4-6 
times per week, (5) at least once per day.
---------------------------------------------------------------------------

    In the August 2019 RFI, DOE requested any additional information on 
annual consumer use of dishwashers, including on the appropriateness of 
the analysis that incorporates the 2009 RECS data and whether it 
results in a representative annual usage estimate. 84 FR 43071, 43075. 
DOE also sought feedback on the suitability of data from the 2015 RECS, 
the survey for which directly asked for the typical number of 
dishwasher cycles per week rather than providing binned response 
options such as those included in the 2009 RECS. Id.
    In response, AHAM and GEA recommended that DOE consider the latest 
(2015) RECS data in its analysis for the annual number of cycles used 
in the EAEU calculations. (AHAM, No. 5 at p. 4; GEA, No. 10 at p. 3) 
GEA stated that, based on the consumer data it collected, 50 percent of 
the time consumers run fewer than 148 cycles per year, and 66 percent 
of the time consumers run fewer than 188 cycles per year. (GEA, No. 10 
at p. 3) AHAM stated that data collected from its members show a 
downward trend in the number of cycles per year, with a weighted 
average of 174 cycles per year. (AHAM, No. 5 at p. 4) Both GEA and AHAM 
recommended updating the annual number of cycles of dishwasher usage to 
174 cycles per year, based on the 2015 RECS data and the data they 
presented, which was consistent with the trends of reduced dishwasher 
usage found in 2015 RECS data. (AHAM, No. 5 at p. 4; GEA, No. 10 at p. 
3).
    In this NOPR, DOE proposes to update the current annual cycles 
estimate to reflect more recent trends in dishwasher usage. DOE's 
analysis of 2015 RECS data indicates annual use of 185 cycles.\17\ 
While AHAM and GEA recommended 174 cycles per year, they also urged DOE 
to consider the 2015 RECS data in determining the number of annual 
cycles. Additionally, subsequent to submitting its initial comments to 
DOE in response to the August 2019 RFI, AHAM released AHAM DW-1-2020, 
which specifies a value of 184 cycles per year in AHAM DW-1-2020 based 
on industry consensus. DOE thus proposes to amend the current annual 
number of cycles estimate from 215 to

[[Page 72749]]

184 cycles, through reference to AHAM DW-1-2020. The proposed value 
closely aligns with DOE's analysis of 2015 RECS data. DOE has initially 
determined that the 2015 RECS is a suitable source for updating the 
annual number of cycles estimate because (1) it is the most recent RECS 
edition available, (2) RECs is nationally representative for all U.S. 
households, and (3) it provides direct survey data on the typical 
number of dishwasher cycles run by consumers each week, rather than 
providing binned response options. Compared to the existing estimate of 
215 annual cycles, the proposed estimate of 184 annual cycles is 
consistent with comments from AHAM and GEA as to the downward trend in 
dishwasher usage.
---------------------------------------------------------------------------

    \17\ In the 2015 RECS, EIA collected the number of times per 
week that households used their dishwasher as point values rather 
than ranges as EIA had done in previous surveys. For households 
using their dishwashers, multiplying weekly usage by number of weeks 
in the year results in annual usage rates. A weighted average of 
annual usage employs the household weight and produces a nationally 
weighted annual usage value.
---------------------------------------------------------------------------

    The proposal to update the annual cycle value for calculating EAEU, 
if finalized, would change the certified and reported EAEU values. DOE 
also notes that the existing energy conservation standards are based on 
the EAEU as determined under the current test procedure. As such, if 
this proposal were adopted, use of the 184 cycles-per-year value would 
be in conjunction with any future amended energy conservation standards 
for dishwashers that accounts for the updated annual cycle value. 
Accordingly, DOE proposes to specify this requirement in the new 
appendix C2. Manufacturers would be required to use the results of 
testing under the new appendix C2 to determine compliance with any 
future amended energy conservation standards.
    DOE requests input on its proposal to update the estimated number 
of annual cycles from 215 to 184 cycles per year for future 
calculations of EAEU. DOE also requests comment on its approach to 
propose a new appendix C2 with the updated annual number of cycles, the 
use of which would be required for compliance with any amended energy 
conservation standards.

F. Energy and Water Consumption Test Methods

1. Test Load Items
    The current test load and test load items are specified in Sections 
2.6 and 2.7 of appendix C1. Non-soil-sensing dishwashers are tested 
with six serving pieces plus eight place settings, or six serving 
pieces plus the number of place settings equal to the capacity of the 
dishwasher if the latter is less than eight place settings. Soil-
sensing compact and soil-sensing standard dishwashers are tested with 
four place settings and eight place settings, respectively, along with 
six serving pieces each.
    In the August 2019 RFI, DOE requested information on the following 
topics regarding the current test load requirements: The typical number 
of place settings washed by consumers in each cycle; how the typical 
number of place settings relate to a dishwasher's overall capacity; 
whether the number of place settings affects energy and water 
consumption; whether introducing plastic items could have an impact on 
energy or water use; and typical composition of place setting items, 
serving pieces, and flatware that are washed in consumer dishwashers, 
including the types of items (e.g., cups, bowls, and plates) and their 
characteristics (e.g., size and material). 84 FR 43071, 43074-43075.
    AHAM recommended the continuation of using eight place settings as 
the test load for testing standard dishwashers, stating that the eight 
place settings are representative of the thermal mass consumers place 
in the dishwasher. AHAM further stated that if DOE were to change the 
number of place settings, the standard would likely need to be adjusted 
as well. (AHAM, No. 5 at p. 4) GEA supported AHAM's comment and stated 
that there had not been any nationally relevant, statistically 
significant data justifying a change to the test load items, and 
therefore, GEA opposed changing the test load items. (GEA, No. 10 at p. 
2) Whirlpool commented that its confidential data supported AHAM's 
position that eight place settings was representative. Furthermore, 
Whirlpool stated that changing the test load would unnecessarily add 
burden and/or increase variation in test results. (Whirlpool, No. 4 at 
pp. 1-2).
    With regard to adding plastic test load items, AHAM commented that 
introducing these would not change water and energy use because these 
items do not add to the dishwasher's thermal mass. Furthermore, AHAM 
asserted that adding plastic into the energy test would likely increase 
variation and test burden with no added benefit. (AHAM, No. 5 at p. 4).
    The comments summarized above generally support the continued use 
of eight place settings as representative of consumer use. DOE also 
notes that no data has been presented that would justify changing the 
test load items at this time. Although no data was presented regarding 
the use of plastic items, DOE recognizes that the minimal thermal mass 
of plastic test load items would likely result in little, if any, 
change to the energy and water consumption.
    While not discussed in the August 2019 RFI or in comments submitted 
by stakeholders in response to the August 2019 RFI, DOE observes that 
some of the test load items specified in appendix C1 differ from the 
items specified in Section 3.4 of AHAM DW-2-2020, which is also 
referenced by Section 2.7.1 of AHAM DW-1-2020. The test load items as 
stated in appendix C1 and AHAM DW-2-2020 are shown in Table III-1 in 
this document below.

                                             Table III-1--Test Load Items in Appendix C1 and AHAM DW-2-2020
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  Appendix C1                                              AHAM DW-2-2020
                Item                --------------------------------------------------------------------------------------------------------------------
                                      Company/ designation         Description             Alternate         Company designation            Size
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dinner Plate.......................  Corning Comcor[supreg]/ 10 inch Dinner Plate..  .....................  Corelle[supreg]        10 inch (25.4cm).
                                      Corelle[supreg]                                                        5256294.
                                      #6003893.
Bread and Butter Plate.............  Corning Comcor[supreg]/ 6.75 inch Bread &       Arzberg #8500217100    Corelle[supreg]        6.7 inch (17.0cm).
                                      Corelle[supreg]         Butter.                 or 2000-00001-0217-1.  5256286.
                                      #6003887.
Fruit Bowl.........................  Corning Comcor[supreg]/ 10 oz. Dessert Bowl...  Arzberg #3820513100..  Corelle[supreg]        10 oz. (296mL).
                                      Corelle[supreg]                                                        5256297.
                                      #6003899.
Cup................................  Corning Comcor[supreg]/ 8 oz. Ceramic Cup.....  Arzberg #1382-00001-   Arzberg #1382-00001-   7 oz. (207mL).
                                      Corelle[supreg]                                 4732.                  4732.
                                      #6014162.
Saucer.............................  Corning Comcor[supreg]/ 6 inch Saucer.........  Arzberg #1382-00001-   Arzberg #1382-00001-   5.5 inch (14.0cm).
                                      Corelle[supreg]                                 4731.                  4731.
                                      #6010972.
Serving Bowl.......................  Corning Comcor[supreg]/ 1 qt. Serving Bowl....  .....................  Corelle[supreg]        1 qt. (950mL).
                                      Corelle[supreg]                                                        #5256304.
                                      #6003911.
Platter............................  Corning Comcor[supreg]/ 9.5 inch Oval Platter.  .....................  Corelle[supreg]        Oval--9.5 inch by 7.5
                                      Corelle[supreg]                                                        #6011655.              inch (24.1cm by
                                      #6011655.                                                             OR ALTERNATE.........   19.1cm).
                                                                                                            Corelle[supreg]        Round--8.5 in
                                                                                                             #5256290.              (21.6cm).
Glass--Iced Tea....................  Libbey #551HT.........  ......................  .....................  Libbey #551HT........  12.5 oz.

[[Page 72750]]

 
Flatware--Knife....................  Oneida[supreg] --       ......................  WMF --Gastro 0800      WMF 12.0803.6047.....
                                      Accent 2619KPVF.                                12.0803.6047.
Flatware--Dinner Fork..............  Oneida[supreg] --       ......................  WMF -- Signum 1900     WMF 12.1905.6040.....
                                      Accent 2619FRSF.                                12.1905.6040.
Flatware--Salad Fork...............  Oneida[supreg] --       ......................  WMF -- Signum 1900     WMF 12.1964.6040.....
                                      Accent 2619FSLF.                                12.1964.6040.
Flatware--Teaspoon.................  Oneida[supreg] --       ......................  WMF -- Signum 1900     WMF 12.1910.6040.....
                                      Accent 2619STSF.                                12.1910.6040.
Flatware--Serving Fork.............  Oneida[supreg] --       ......................  WMF -- Signum 1900     WMF 12.1902.6040.....
                                      Flight 2865FCM.                                 12.1902.6040.
Flatware--Serving Spoon............  Oneida[supreg] --       ......................  WMF -- Signum 1900     WMF 12.1904.6040.....
                                      Accent 2619STBF.                                12.1904.6040.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    For the cup, saucer, and flatware items, the alternate options 
listed in appendix C1 are the primary options specified in AHAM DW-2-
2020. The iced tea glass is the only item that is the same for both 
test procedures. The remaining items feature Corelle[supreg] as the 
manufacturer for both appendix C1 and AHAM DW-2-2020, but these items 
have new model numbers in AHAM DW-2-2020. DOE understands that the 
Corelle[supreg] model numbers listed in appendix C1 are no longer in 
production, and the model numbers listed in AHAM DW-2-2020 are the 
newer editions for these out of production items. Additionally, AHAM 
DW-2-2020 contains an alternative selection only for the serving 
platter. For the other test load items, AHAM DW-2-2020 provides 
instructions to contact AHAM for assistance to identify suitable 
alternatives.
    As illustrated in Table III-1, AHAM DW-2-2020, which is referenced 
in AHAM DW-1-2020, includes newer model numbers of the test load items 
as compared to appendix C1. Therefore, DOE proposes to reference AHAM 
DW-1-2020, which specifies that the test load must be as stated in 
Section 3.4 of AHAM DW-2-2020 in Section 2.7.1 of the standard. 
Specifically, DOE would apply the provisions of Section 3.4 of AHAM DW-
2-2020 to appendices C1 and C2, excluding the Note accompanying Section 
3.4 regarding AHAM assistance with determining alternatives.
    However, DOE is also proposing to continue including the test load 
items currently specified in appendix C1 as alternate options, so that 
test laboratories can continue using the existing test load if they 
already have these items. This proposal would be applicable to both 
appendix C1 and the new appendix C2. Pursuant to EPCA requirements, 
this approach would not impose an undue burden, but rather minimize 
test burden as it would not require manufacturers and/or test 
laboratories to procure new items if they already have the existing 
test load items.
    DOE requests comment on specifying that the test load items be as 
specified in AHAM DW-1-2020 (which references Section 3.4 of AHAM DW-2-
2020), while additionally retaining, as an alternative, the current 
test load specifications in appendix C1 and the new appendix C2.
2. Soils
    In the August 2019 RFI, DOE requested information on whether 
consumer soil loads have changed since DOE established the soil loads 
in the August 2003 final rule. 84 FR 43071, 43075. In particular, DOE 
requested any data regarding soiling conditions and the frequency of 
pre-rinsing by consumers. Id. DOE also sought information on whether 
the types of soil required in appendix C1 resulted in a test method 
that measured energy and water use during a representative use cycle or 
period of use. Id. In addition to the representative quantity of soil 
and types of soil present for consumer use, DOE also requested 
information on the typical mix of soils consumers load into their 
dishwashers, on the appropriateness of the current composition of soil 
loads in appendix C1, and on whether the appendix C1 soil loads should 
be updated to incorporate different types of soils, including any 
additional fats or greases. 84 FR 43071, 43075-43076.
    Samsung commented that DOE's current soiling level reflects pre-
rinsing performed by the consumer. Samsung added, however, that the 
report on which the soil levels in the current test procedure are based 
is 20 years old, and there has been consumer advocacy by dishwasher 
manufacturers, consumer advocates, and detergent manufacturers to 
educate consumers against pre-rinsing. Samsung suggested that DOE 
revise the test procedure to incorporate a larger soil load 
representing the soiling condition without pre-rinsing, and that the 
AHAM DW-1-2009 \18\ soiling levels could be consistent with such 
soiling levels. (Samsung, No. 9 at pp. 2-3).
---------------------------------------------------------------------------

    \18\ The AHAM DW-1-2009 standard is the same standard as ANSI/
AHAM DW-1-2010 before it received the ANSI accreditation.
---------------------------------------------------------------------------

    AHAM stated that no data suggest that consumers no longer pre-rinse 
their dishes. AHAM further stated that there is no need to change the 
soil types because the purpose of the soil composition is to activate 
the turbidity sensors only (for soil-sensing dishwashers), rather than 
to replicate the wide array of potential soils consumers might load 
into their dishwashers. According to AHAM, the current soil composition 
already achieves that goal of activating the turbidity sensors while 
being representative of average consumer use both in terms of 
composition and quantity. AHAM opposed changing the distribution of 
soil loads and the soil composition for these reasons. (AHAM, No. 5 at 
pp. 5-6) GEA supported AHAM's comments, stating that there is no data 
available to justify a change to the test load soiling. (GEA, No. 10 at 
p. 2)
    Samsung also recommended that DOE consider a field use factor for 
dishwashers with soil sensors. Samsung stated that dishwashers with 
soil sensors can adapt to a variety of soiling and loading conditions 
of consumer dishwasher usage, and thereby optimize energy and water 
use. Samsung suggested DOE consider developing a field use factor to 
credit soil-sensing dishwashers for such optimizations. Samsung stated 
that the clothes dryers test procedure at 10 CFR part 430, subpart B, 
appendix D1 uses a field use factor to recognize the energy benefits of 
dryers with automatic termination controls and requested DOE consider a

[[Page 72751]]

similar factor for soil-sensing dishwashers. (Samsung No. 9 at p. 3)
    The soil load specified in appendix C1 has been developed by DOE to 
produce a measure of energy and water use of soil-sensing dishwashers 
in a representative usage cycle. At this time, DOE does not have data 
on the operation of a soil-sensing function that would suggest that a 
field use factor to adjust testing results would be appropriate. 
Therefore, DOE is not proposing in this NOPR a field use factor for 
appendix C1 or the new appendix C2.
    DOE did not receive any data regarding pre-rinsing by consumers. 
Although Samsung stated that there has been consumer advocacy to reduce 
pre-rinsing in recent years, no data have been presented to indicate 
whether or to what degree consumers have changed pre-rinsing habits. 
Absent such data, DOE is not proposing any changes to the soil loads.
    DOE continues to request feedback and data regarding soiling level 
and whether there have been changes to consumers' pre-rinsing behavior. 
DOE also seeks information regarding the impact of different soil 
levels on energy and water use in dishwashers currently on the market.
    Section 2.7.4 of appendix C1 states that the soils shall be as 
specified in Section 5.4 of ANSI/AHAM DW-1-2010, except for the 
following substitutions:
     Margarine. The margarine shall be Fleischmann's Original 
stick margarine.
     Coffee. The coffee shall be Folgers Classic Decaf.
    Additionally, Section 2.7.5 of appendix C1 states that soils shall 
be prepared according to Section 5.5 of ANSI/AHAM DW-1-2010, with the 
following additional specifications:
     Milk. The nonfat dry milk shall be reconstituted before 
mixing with the oatmeal and potatoes. It shall be reconstituted with 
water by mixing 2x-3 cup of nonfat dry milk with 2 cups of water until 
well mixed. The reconstituted milk may be stored for use over the 
course of 1 day.
     Instant mashed potatoes. The potato mixture shall be 
applied within 30 minutes of preparation.
     Ground beef. The 1-pound packages of ground beef shall be 
stored frozen for no more than 6 months.
    DOE notes that Table 3 in Section 5.4 of AHAM DW-2-2020 specifies 
Fleischmann'sTM Original Stick margarine and Folgers\TM\ 
Classic Decaf coffee, consistent with DOE's substitutions in Section 
2.7.4 of appendix C1. These AHAM DW-2-2020 soiling specifications are 
also referenced in Section 2.7.4 of AHAM DW-1-2020. Therefore, DOE 
proposes to remove the substitution for margarine and coffee from 
regulatory text in appendix C1 and apply the soiling requirements in 
Section 2.7.4 of AHAM DW-1-2020 instead.
    Additionally, Section 2.7.5 of AHAM DW-1-2020 includes the 
additional soil preparation requirements for milk, instant mashed 
potatoes, and ground beef, which are currently specified in appendix 
C1. Therefore, DOE proposes to remove the additional soil preparation 
specifications from Section 2.7.5 in appendix C1 and apply the 
requirements in Section 2.7.5 of AHAM DW-1-2020 instead.
    DOE requests comment on its proposal to remove the soil 
substitution and soil preparation requirements from Sections 2.7.4 and 
2.7.5 of appendix C1 and apply these same requirements from AHAM DW-1-
2020 instead. DOE particularly requests data and information on how the 
proposed soil composition would affect energy and water use in current 
dishwashers.
3. Loading Pattern
    Section 2.6 of appendix C1 references Section 5.8 of ANSI/AHAM DW-
1-2010 for loading the dishwasher prior to running active mode tests, 
which requires loading in accordance with the manufacturer's 
recommendation. In the August 2019 RFI, DOE requested feedback on 
whether any additional instructions are needed beyond referencing a 
manufacturer's loading recommendation. 84 FR 43071, 43076. DOE also 
requested information on how consumers typically load dishwashers. Id. 
DOE stated that although manufacturer instructions may optimize loading 
patterns to maximize loading capacity and dishwasher performance, 
consumers may use other loading positions and alignment, leading to 
variability in dishwasher performance. Id.
    AHAM stated that the lack of loading specificity in appendix C1 is 
a source of test procedure uncertainty. AHAM stated that the 
positioning of soiled items relative to unsoiled items may impact the 
rate at which soils are removed from the test load items, which may 
impact soil sensor responses. AHAM recommended that the test procedure 
establish the same loading instructions as Section 5.1(D) of the ENERGY 
STAR Cleaning Performance Test Method. AHAM added that the purpose of a 
specific loading pattern is to reduce variation in testing results, not 
necessarily to emulate consumer use. AHAM commented that consumer 
loading patterns are likely difficult to replicate in the test 
procedure. (AHAM, No. 5 at p. 6)
    GEA also supported changing the loading pattern to conform with 
Section 5.1(D) of the ENERGY STAR Cleaning Performance Test Method. 
(GEA, No. 10 at p. 2) The Joint Commenters stated that they support 
additional specificity to the test procedure regarding the loading 
pattern to improve reproducibility of test results among test 
laboratories. (Joint Commenters, No. 8 at p. 1).
    As stated in the August 2019 RFI, DOE recognizes that the 
positioning of soiled test load items in relation to unsoiled ones 
could impact the rate at which soils are removed from the test load 
items, and therefore also impact soil sensor responses. 84 FR 43071, 
43076. This could lead to variation in energy and water consumption. 
Specifying a loading pattern requirement would improve the 
repeatability of the testing procedure and reproducibility of results 
across both individual tests and testing facilities. Since submitting 
its comments, AHAM has included the loading pattern requirements 
specified in the ENERGY STAR Cleaning Performance Test Method in 
Section 2.6.3.4 of AHAM DW-1-2020. These requirements are applicable to 
soil-sensing dishwashers that are tested with both, clean and soiled 
place settings. DOE proposes to apply these AHAM DW-1-2020 loading 
requirements to appendix C1 and the new appendix C2 to reduce potential 
variation in the test procedure. Additionally, these loading 
requirements would apply to both soil-sensing and non-soil-sensing 
dishwashers as non-soil-sensing dishwashers would be required to use 
soil loads for testing under DOE's cleaning index threshold proposal 
discussed in Section III.G of this document.
    DOE requests input on its proposal to use the loading requirements 
specified in Section 2.6.3.4 of AHAM DW-1-2020.
4. Preconditioning Cycles
    Section 2.9 of appendix C1 requires manufacturers to precondition 
the dishwasher by running the normal cycle twice with no load after the 
testing conditions are established. The prewash fill water volume, if 
any, and the main wash fill water volume are measured during the second 
preconditioning cycle to calculate the detergent amounts to be used 
during the energy and water consumption tests. The prescribed procedure 
ensures an accurate calculation of detergent dosing, priming of the 
water lines and sump area of the

[[Page 72752]]

pump, successful sensor calibration, and machine cleaning without 
adding significant test burdens. In the August 2019 RFI, DOE requested 
comment on whether two preconditioning cycles were adequate or more 
than is necessary to calibrate the soil sensors. DOE also requested 
comment on whether using the water volumes from the second 
preconditioning cycle continued to be appropriate for determining the 
detergent amounts if the sensors were still being calibrated during the 
second preconditioning cycle. 84 FR 43071, 43076.
    AHAM commented that although sometimes unnecessary, two 
preconditioning cycles ensure that the dishwasher under test is 
properly calibrated, and manufacturers prefer to keep the existing two 
cycles for certainty in test results as well. (AHAM, No. 5 at p. 6) GEA 
supported AHAM's comment by reaffirming that two preconditioning cycles 
increased reliability and reproducibility in test results. (GEA, No. 10 
at p. 2).
    No commenter suggested the use of fewer or additional 
preconditioning cycles. Based on the above discussion, DOE is not 
proposing to modify the requirement for two preconditioning cycles 
currently in appendix C1, and is proposing to apply this requirement to 
the new appendix C2.
5. Detergent
    Section 2.10 of appendix C1 specifies using Cascade with the Grease 
Fighting Power of Dawn powder as the detergent formulation. This 
section also provides the method to calculate the detergent quantities 
to be added to the pre-wash (if available) and main-wash compartments, 
which is based on the pre-wash (if available) and main wash water 
volumes, respectively. In the August 2019 RFI, DOE requested 
information on whether the current powder detergent specified in 
appendix C1 results in a test procedure reasonably designed to measure 
energy and water use during a representative use cycle or period of use 
and requested comment on the use of a reference detergent. 84 FR 43071, 
43076. DOE also requested comment on the method for calculating 
detergent dosing, including: Whether to continue calculating the 
detergent dosing based on the measured water fill volumes in the second 
preconditioning cycle, or whether to specify a fixed amount of 
detergent; methods to differentiate between the different portions of a 
wash cycle and ways to appropriately calculate the corresponding 
detergent dosing; and reliance on manufacturer dosage recommendations. 
Id.
    AHAM suggested that detergent dosing be evaluated, but advised DOE 
to maintain the existing powder detergent formulation, stating that 
this formulation was still representative of powder formulations on the 
market. AHAM also supported maintaining the current detergent dosage 
provisions. AHAM further stated that detergent impacts performance 
testing more than it impacts energy testing; thus, it did not need to 
be changed for energy testing. AHAM also commented that it would 
discuss updates to detergent usage as part of its AHAM DW-1 process, 
but that more work is needed to understand the appropriate detergent 
and amounts to use, and how often formulations change. (AHAM, No. 5 at 
p. 7) GEA supported AHAM's comment and stated that there is 
insufficient data on the impact of detergents to the current test 
procedure or to other test procedures that may be run at the same time 
\19\ to make any change to detergents at this time. (GEA, No. 10 at pp. 
1, 2) Whirlpool also agreed with AHAM and commented that the current 
powder detergent referenced in appendix C1 is representative of powder 
detergents on the market. Whirlpool further commented that, although 
single dose detergents are the most commonly used detergent type, given 
the recent rising popularity of single dose detergents, their 
formulations are not stable because detergent manufacturers make 
frequent changes and improvements. Whirlpool also suggested that 
further evaluation was needed to assess the impact of single dose 
detergents on energy use. (Whirlpool, No. 4 at p. 3) Since publication 
of the August 2019 RFI and the subsequent end of the comment period, 
AHAM informed DOE, during the task group's meetings to establish AHAM 
DW-1-2020, that the powder detergent currently specified in appendix 
C1--Cascade with the Grease Fighting Power of Dawn--is no longer 
commercially available. Instead, a new powder detergent, Cascade 
Complete Powder, which has a slightly different formulation \20\ from 
Cascade with the Grease Fighting Power of Dawn, is now available on the 
market. AHAM has updated AHAM DW-2-2020 to reference this new detergent 
for testing purposes. AHAM DW-1-2020 references AHAM DW-2-2020, both 
for detergent formulation as well as dosage.
---------------------------------------------------------------------------

    \19\ GEA did not specify which other test procedures it was 
referring to that may be run at the same time as the DOE test 
procedure.
    \20\ Stakeholders mentioned during the AHAM task group calls 
that they were informed by the detergent manufacturer that the only 
difference between Cascade with the Grease Fighting Power of Dawn 
and Cascade Complete Powder is related to the enzymes used in the 
detergent. DOE was not able to verify this information independently 
because the ingredient list for Cascade with the Grease Fighting 
Power of Dawn is not available on product packaging (or online).
---------------------------------------------------------------------------

    In addition to a change in the detergent to be used for testing, 
both AHAM DW-1-2020 and AHAM DW-2-2020 also specify new dosage 
requirements in comparison to the current requirements of appendix 
C1.\21\ Section 4.1 of AHAM DW-2-2020 specifies the detergent dosage as 
1.8 grams per place setting in the main compartment of the detergent 
dispenser and 1.8 grams per place setting in the prewash compartment of 
the detergent dispenser or other location. Section 2.10.1 of AHAM DW-1-
2020 further specifies to use half the quantity of detergent that is 
specified in Section 4.1 of AHAM DW-2-2020 for both prewash and main-
wash detergent for the energy and water consumption tests. Prewash 
detergent is specified only for those units if it is recommended by the 
manufacturer's instructions for conditions that are consistent with the 
test procedure. This includes, but is not limited to, manufacturer 
instructions that recommend the use of prewash detergent for the normal 
cycle, normally soiled loads, or for water hardness between 0 and 85 
ppm. Additionally, if manufacturer instructions lead to the use of the 
prewash detergent requirements, the prewash detergent is placed as 
instructed by the manufacturer or, if no instructions are provided, the 
prewash detergent is placed on the inner door near the detergent cup.
---------------------------------------------------------------------------

    \21\ As discussed, the detergent dosage for appendix C1 is based 
on measurements of the prewash fill water volume, if any, and the 
main wash fill water volume measured during the second 
preconditioning cycle.
---------------------------------------------------------------------------

    DOE performed preliminary investigative testing on four standard 
dishwashers to compare the energy and water consumption results when 
using (1) the current detergent (Cascade with the Grease Fighting Power 
of Dawn) with the current dosage method; (2) the new detergent (Cascade 
Complete Powder) with the current dosage method; and (3) the new 
detergent with the new dosage method. Table III-2 presents the 
detergent quantities for each of the three investigative tests for the 
four units. Table III-3 presents the measured water consumption and 
estimated annual energy use for these four units when tested according 
to the three scenarios.

[[Page 72753]]



                      Table III-2--Detergent Dosage (in Grams) for Each Investigative Test
----------------------------------------------------------------------------------------------------------------
                                      Appendix C1         New detergent with current    New detergent with new
                             ----------------------------           dosage                      dosage
                                                         -------------------------------------------------------
          Test unit              Prewash      Main wash      Prewash      Main wash      Prewash      Main wash
                                detergent     detergent     detergent     detergent     detergent     detergent
                                   (g)           (g)           (g)           (g)           (g)           (g)
----------------------------------------------------------------------------------------------------------------
1...........................             0          10.5             0          10.5           7.2           7.2
2...........................             0          12.5             0            13             0           7.2
3...........................             0           105             0            11             0           7.2
4...........................            11            11            11            11           7.2           7.2
----------------------------------------------------------------------------------------------------------------


       Table III-3--Measured Water Consumption and Estimated Annual Energy Use for Each Investigative Test
----------------------------------------------------------------------------------------------------------------
                                      Appendix C1         New detergent with current    New detergent with new
                             ----------------------------           dosage                      dosage
          Test unit                                      -------------------------------------------------------
                               Water (gal/   EAEU (kWh/    Water (gal/   EAEU (kWh/    Water (gal/   EAEU (kWh/
                                 cycle)         year)        cycle)         year)        cycle)         year)
----------------------------------------------------------------------------------------------------------------
1...........................           2.3           211           2.4           204           2.5           204
2...........................           3.1           257           3.3           256           3.3           261
3...........................           3.2           269           3.2           265           3.1           274
4...........................           3.4           273           5.9           357           3.9           301
----------------------------------------------------------------------------------------------------------------

    Table III-3 indicates that for test units 1, 2, and 3, the water 
consumption among the three tests varied within a range of 0.1-0.2 gal/
cycle. For unit 4, the ``Appendix C1'' test and the ``New Detergent 
with New Dosage'' test yielded equivalent water consumption values; 
however, the water consumption of the ``New Detergent with Current 
Dosage'' test was 2.5 gal/cycle higher, an increase of 73 percent over 
the other two tests. Similar percentage differences were observed for 
EAEU among the three tests. Given the small sample size of only 4 test 
units, DOE believes that additional testing would be required to 
determine whether the observed variation in results is due to the 
change in detergent and dosage, or whether it could be attributed to 
unrelated differences in the sensor response of these soil-sensing 
dishwashers, or other factors.
    Given the uncertainty about whether the new detergent and dosing 
requirements would impact the energy and water consumption of 
dishwashers, DOE proposes that both the current detergent and dosage 
requirement as well as the new detergent and new dosage requirement 
would be allowable to use for testing according to appendix C1. By 
maintaining the use of the current detergent and dosing requirements, 
manufacturers would not be required to re-test currently certified 
dishwashers. Because DOE is proposing the detergent type and dosage 
specifications in AHAM DW-1-2020 in addition to the current 
requirements, this proposal would not require the re-rating or re-
certification of dishwashers currently on the market. Additionally, 
permitting the optional use of the detergent and dosing specifications 
in AHAM DW-1-2020 would avoid the need for manufacturers to request 
test procedure waivers should the currently required detergent become 
unavailable and would harmonize with current industry practice.
    For the new appendix C2, which would be required at the time 
compliance is required with updated energy and water conservation 
standards, DOE proposes to specify only the new detergent and dosage 
requirements from AHAM DW-1-2020.
    The current dosage requirements specify detergent dosage based on 
water volume, which requires distinguishing the water used in the pre-
wash from the water used in the main wash. DOE has observed, and 
stakeholders have also expressed, that uncertainty in differentiating 
the pre-wash and main wash cycles to estimate detergent dosage could be 
a potential source of test variation. As stated, the new detergent 
dosage is based on the number of place settings rather than measurement 
of pre-wash and main wash water volumes, potentially providing more 
consistent dosing. More consistent dosing would improve the 
repeatability and reproducibility of the results. Additionally, the new 
dosage would reduce test burden since it would eliminate the need to 
identify, isolate, and calculate the pre-wash and main wash water 
volumes.
    DOE requests comment on its proposal to adopt in appendix C1 the 
new detergent and new dosage requirements as specified in AHAM DW-1-
2020, while also retaining the current detergent and dosage 
requirements in appendix C1. The use of either set of detergent 
requirements would be allowable for testing under appendix C1. DOE also 
requests comment on the detergent currently being used by manufacturers 
and test laboratories for testing and certification of dishwashers.
    If stakeholder comments indicate that the currently specified 
detergent, Cascade with the Grease Fighting Power of Dawn, is no longer 
being used by manufacturers, DOE may instead consider including only 
the new detergent, Cascade Complete Powder, and dosage requirements 
from AHAM DW-1-2020 in appendix C1, rather than allowing both the 
current and new detergent and dosage requirements.
    DOE also welcomes comments and data on the impact of the new 
detergent and dosage on energy and water use.
6. Rinse Aid
    Section 2.1 of appendix C1 currently requires that testing be 
conducted without the use of rinse aid, and that any rinse aid 
reservoirs remain empty for testing.
    In the August 2019 RFI, DOE noted that a standard from IEC, IEC 
60436: ``Electric Dishwashers for Household Use--Methods for Measuring 
the Performance'' (``IEC 60436'') specifies the use of rinse aid during 
testing. 84 FR 43071, 43077. IEC 60436 requires the use of a standard 
rinse aid formulation rather than a commercially marketed brand. DOE 
sought information from stakeholders on consumer use of rinse

[[Page 72754]]

aid, and on whether the use of rinse aid had any effect on measured 
energy and water consumption. Id.
    AHAM commented that rinse aid does not impact energy and water use. 
AHAM further commented that IEC 60436 specifies use of rinse aid 
because there is a performance element to that test. As such, AHAM did 
not support a proposal to add a rinse aid requirement or a need to 
collect consumer data on rinse aid usage. (AHAM, No. 5 at p. 7)
    Based on these comments, and the lack of data regarding the effect 
of rinse aid on measured energy and water usage and consumer usage of 
it, DOE maintains its conclusions from past rulemakings that the test 
procedure should preclude the use of rinse aid, and that the rinse aid 
container should remain empty during testing. 68 FR 51887, 51891. 
Adding a rinse aid requirement would increase test burden without 
information indicating that it would improve the representativeness of 
the test results, and it could potentially cause variation in test 
results. For these reasons, DOE is not proposing a rinse aid 
requirement in appendix C1 or the new appendix C2, which is consistent 
with the specifications in AHAM DW-1-2020 that DOE proposes to 
reference in this NOPR.
7. Water Softener Regeneration Cycles
    In the October 2012 final rule, DOE adopted a method for measuring 
the energy consumed during regeneration cycles for water softeners 
built into certain residential dishwashers. 77 FR 65942, 65960. The 
adopted approach relies on manufacturer-reported values for the energy 
and water use for each regeneration cycle and the number of annual 
regeneration cycles. Id. The current calculations for water softener 
regeneration cycles are provided in Sections 5.1.3, 5.4.3, 5.5.1.2, 
5.5.2.2, 5.6.1.2, and 5.6.2.2 of appendix C1. In the August 2019 RFI, 
DOE requested comment on whether any dishwasher had a water softener 
regeneration cycle at every or nearly every cycle, and if any 
additional instructions should be specified in appendix C1 to avoid 
repeatedly accounting for the water and energy use during water 
softener regeneration. 84 FR 43071, 43077.
    DOE did not receive any comment regarding the energy and water use 
during water softener regeneration cycles, and thus does not propose 
any changes in this NOPR with regards to water softener regeneration 
cycles, aside from maintaining the associated definitions and 
calculations specified in AHAM DW-1-2020.
8. Water Re-Use System
    On November 1, 2013, DOE published a Decision and Order (``November 
2013 Decision and Order'') granting Whirlpool a test procedure waiver 
(``Whirlpool waiver'') for testing specified basic models equipped with 
a ``water use system,'' in which water from the final rinse cycle is 
stored for use in the subsequent cycle, with periodic draining (``drain 
out'') and cleaning (``clean out'') events. 78 FR 65629 (Case No. DW-
11).\22\ Whirlpool is required to test the basic model specified in the 
November 2013 Decision and Order using appendix C1, with the following 
modifications:
---------------------------------------------------------------------------

    \22\ All materials regarding the Whirlpool waiver are available 
in docket EERE-2013-BT-WAV-0042 at www.regulations.gov.

    (1) ``Water use system'' water and energy consumption shall be 
accounted for during dishwasher water and energy measurement and 
reporting, subject to the following:
    (2) For ``drain out'' events, constant values of 0.072 gallons 
per cycle and 2.6 kWh/year shall be added to values measured by 
appendix C1.
    (3) For ``clean out'' events, constant values of 0.071 gallons 
per cycle and 10.3 kWh/year shall also be added to values measured 
by appendix C1.
    (4) To calculate the detergent quantity for testing, a constant 
value of 0.91 gallons for the water fill amount shall be used, 
representing both saved water fill and house supply water fill.
    (5) If a ``drain out'' or ``clean out'' event occurs during 
testing, any results from that use of the test procedure shall be 
disregarded. Disconnect and reconnect power to the dishwasher, then 
restart the test procedure.
    (6) To detect a ``drain out'' event, measure the water volume 
supplied during the first fill. A cycle shall be considered to have 
a ``drain out'' event if the first fill uses approximately 1 gallon 
from the water supply. Without a ``drain out'' event, the first fill 
would use approximately 0.11 gallons from the water supply.
    (7) To detect a ``clean out'' event, monitor the temperature of 
the sump water using an additional temperature measuring device. The 
device shall be placed inside the sump in an area such that the 
device will always be submerged in water and will not interfere with 
the operation of the dishwasher. A cycle shall be considered to have 
a ``clean out'' event if the temperature of the sump water during 
wash and rinse portions of the cycle reaches 150 [deg]F. Without a 
``clean out'' event, the highest sump water temperatures would reach 
approximately 140 [deg]F.

78 FR 65629, 65631.
    In the August 2019 RFI, DOE requested feedback on whether the test 
procedure waiver provisions were generally appropriate for testing 
basic models with the same attributes as those subject to the November 
2013 Decision and Order. 84 FR 43071, 43078.
    In response, both GEA and AHAM supported incorporating the 
provisions of the Whirlpool waiver into appendix C1. (AHAM, No. 5 at p. 
9; GE, No. 10 at p. 2) Subsequently, AHAM published the AHAM DW-1-2020 
standard, which includes provisions for testing water re-use system 
dishwashers. Specifically, Sections 1.3, 1.9, and 1.29 of AHAM DW-1-
2020 include definitions for a clean out event, drain out event, and 
water re-use system dishwasher, respectively. These definitions are 
consistent with those specified in the November 2013 Decision and Order 
granted in November 2013. AHAM DW-1-2020 also specifies the detergent 
dosing requirements, methods to measure the energy and water 
consumption of water re-use system dishwashers, including detection of 
drain out and clean out events, and calculations for energy and water 
consumption. Sections 2.10.2, 4.1.3, 5.1.4, 5.15, 5.4.4, 5.4.5, 
5.5.1.3, 5.5.1.4, 5.5.2.3, 5.5.2.4, 5.6.1.3, 5.6.1.4, 5.6.2.3, and 
5.6.2.4 of AHAM DW-1-2020. All of these requirements are consistent 
with the alternate test procedure specified in the November 2013 
Decision and Order granting the waiver to Whirlpool for water re-use 
systems, except for the specified water energy consumption equations in 
Sections 5.6.1.3, 5.6.1.4, 5.6.2.3, and 5.6.2.4, which use an incorrect 
constant.\23\
---------------------------------------------------------------------------

    \23\ The equations in the noted sections improperly use the 
constant K = specified heat of water in kWh per gal per [ordm]F, 
instead of C/e, where C = specific heat of water in Btu's per gal 
per [deg]F, and e = nominal gas or oil water heater recovery 
efficiency.
---------------------------------------------------------------------------

    As soon as practicable after the granting of any waiver, DOE is 
required to publish in the Federal Register a notice of proposed 
rulemaking to amend its regulations so as to eliminate any need for the 
continuation of such waiver. 10 CFR 430.27(l). As soon thereafter as 
practicable, DOE will publish in the Federal Register a final rule. Id. 
Since AHAM DW-1-2020 includes the language from the Whirlpool waiver, 
DOE proposes to reference these requirements in appendix C1 and the new 
appendix C2, with added modifications to the equations in Sections 
5.6.1.3, 5.6.1.4, 5.6.2.3, and 5.6.2.4 of AHAM DW-1-2020.
    DOE requests comment on its proposal to reference in appendix C1 
and the new appendix C2 the testing provisions from AHAM DW-1-2020 to 
address the Whirlpool waiver for water re-use system dishwashers.

G. Cleaning Performance

    EPCA requires DOE to establish test procedures that are reasonably 
designed

[[Page 72755]]

to produce test results that measure energy efficiency, energy use, 
water use (for certain products), or estimated annual operating cost of 
a covered product during a representative average use cycle or period 
of use, as determined by the Secretary, and shall not be unduly 
burdensome to conduct. (42 U.S.C. 6293(b)(3)) DOE's test procedure for 
dishwashers identifies the ``normal cycle'' as the cycle representative 
of consumer use, defines the term ``normal cycle,'' requires testing 
using the ``normal cycle,'' and compliance with the applicable 
standards is determined based on the measured energy and water use of 
the ``normal cycle.'' 10 CFR 430.23(c) and 10 CFR 430 subpart B 
appendix C1. The ``normal cycle'' is defined as the cycle type, 
including washing and drying temperature options, recommended in the 
manufacturer's instructions for daily, regular, or typical use to 
completely wash a full load of normally soiled dishes including the 
power-dry feature. If no cycle or more than one cycle is recommended in 
the manufacturer's instructions for daily, regular, or typical use to 
completely wash a full load of normally soiled dishes, the most energy-
intensive of these cycles shall be considered the normal cycle. In the 
absence of a manufacturer recommendation on washing and drying 
temperature options, the highest energy consumption options must be 
selected. Section 1.12 of appendix C1. As such, the existing test 
procedure does not define what constitutes ``completely wash[ing]'' a 
full load of normally soiled dishes (i.e., the cleaning performance).
    For dishwashers, the cleaning performance at the completion of a 
cycle influences how a consumer uses the product. If the cleanliness of 
the dishware after completion of a cleaning cycle does not meet 
consumer expectations, consumers may alter their use of the dishwasher. 
For example, consumers may alter the use of the product by selecting a 
cycle that consumes more energy and water to provide a higher level of 
cleaning, operating the selected cycle multiple times, or pre-washing 
the dishware before loading into the dishwasher to achieve an 
acceptable level of cleaning. DOE received comment from Samsung 
expressing concern in response to the August 2019 RFI, in which Samsung 
stated that consumers unsatisfied with the cleaning performance of the 
normal cycle may opt to select a different mode that could result in 
increased energy consumption. (Samsung, No. 9 at p. 3) Thus, it is 
possible that dishwashers exist on the market that are currently tested 
by manufacturers using a ``normal cycle'' that does not ``completely 
wash'' dishes.
    In general, a consumer-acceptable level of cleaning performance 
(i.e., a representative average use cycle) can be easier to achieve 
through the use of higher amounts of energy and water use during the 
dishwasher cycle.\24\ Conversely, maintaining acceptable cleaning 
performance can be more difficult as energy and water levels are 
reduced.\25\ Improving one aspect of dishwasher performance, such as 
reducing energy and/or water use as a result of energy conservation 
standards, may require a trade-off with one or more other aspects of 
performance, such as cleaning performance. DOE expects, however, that 
consumers maintain the same expectations of cleaning performance 
regardless of the efficiency of the dishwasher. As the dishwasher 
market continuously evolves to higher levels of efficiency--either as a 
result of mandatory minimum standards or in response to voluntary 
programs such as ENERGY STAR--it becomes increasingly more important 
that DOE ensures that its test procedure continues to reflect 
representative use. As such, the normal cycle that is used to test the 
dishwasher for energy and water performance must be one that provides a 
consumer-acceptable level of cleaning performance, even as efficiency 
increases.
---------------------------------------------------------------------------

    \24\ Higher energy use may provide increased thermal and 
mechanical action for removing soils. Similarly, higher water use 
may provide better rinsing performance by reducing the amount of 
soil re-deposition on the dishware.
    \25\ In the December 2014 NOPR that proposed amended energy and 
water use standards for dishwashers, DOE noted that cleaning 
performance could be maintained up to Efficiency Level 3, which was 
defined as 234 kWh/yr and 3.1 gal/cycle. 79 FR 76141, 76165. In the 
December 2016 Final Determination, DOE additionally noted that 
manufacturers generally indicated that by using all available design 
options to improve efficiency, they would likely be able to maintain 
performance with a maximum energy consumption between 250 and 260 
kWh/year and water consumption at 3.1 gal/cycle. 81 FR 90072, 90082.
---------------------------------------------------------------------------

    In order for DOE's test procedure to more accurately and fully test 
dishwashers during a representative average use cycle, DOE believes 
that amending the test procedure to define what constitutes completely 
washing a full load of normally soiled dishes (i.e., the cleaning 
performance) will better represent consumer use of the product. As 
such, DOE proposes additional direction for selecting the appropriate 
test cycle, i.e., for determining whether the cycle ``can completely 
wash a full load of normally soiled dishes.'' DOE is proposing to 
include a cleaning index methodology and minimum threshold to validate 
the selection of the test cycle in appendix C1 and the newly proposed 
appendix C2.\26\ This proposal is discussed in detail in the following 
sections.
---------------------------------------------------------------------------

    \26\ This approach is analogous to the one used for clothes 
dryers, in which the DOE test procedure at appendix D2 defines a 
threshold dryness level for automatic cycle termination clothes 
dryers as a condition for the test cycle to be valid. Specifically, 
Section 3.3.2 of appendix D2 specifies that if the final moisture 
content after completion of the drying cycle is greater than 2 
percent, the test shall be invalid and a new run shall be conducted 
using the highest dryness level setting.
---------------------------------------------------------------------------

    This proposal is in line with comments DOE received in response to 
the August 2019 RFI regarding the adoption of cleaning performance into 
the test procedure. Samsung commented that the tested cycle (i.e., the 
normal cycle) should perform at or above a minimum level of acceptable 
functionality because some consumers may select test cycles other than 
the default mode that perform better without recognizing the resulting 
increase in the energy consumption of the dishwasher. (Samsung, No. 9 
at p. 3) The CAIOUs commented that, while the test procedure is 
representative of current energy and water consumption, they believe 
there is merit in investigating a dishwasher cleaning performance test 
method to ensure future consumer benefit. (CAIOUs, No. 7 at p. 2)
1. Cleaning Performance Test Method
    DOE is proposing to adopt a cleaning performance test method that 
will help determine if a dishwasher when tested according to the DOE 
test procedure ``completely washes a normally soiled load of dishes,'' 
according to the representative consumer use. Specifically, DOE 
proposes to include the cleaning performance evaluation setup, 
procedures, and calculations that are specified in the ENERGY STAR 
Cleaning Performance Test Method, which references ANSI/AHAM DW-1-2010, 
in appendix C1 and newly proposed appendix C2.
    In response to the August 2019 RFI, Samsung recommended that DOE 
incorporate by reference the ENERGY STAR Cleaning Performance Test 
Method in the dishwasher test procedure and adopt the minimum cleaning 
index, as established for the ENERGY STAR Most-Efficient Program. 
(Samsung, No. 9 at p. 3)
    The ENERGY STAR Cleaning Performance Test Method specifies a 
procedure to determine cleaning performance at the same test loads 
described in the DOE test method. For soil-sensing dishwashers, 
cleaning

[[Page 72756]]

performance is evaluated on the same cycles that are used to determine 
energy and water consumption (i.e., the heavy, medium, and light soil 
loads). (ENERGY STAR Cleaning Performance Test Method Section 5.1.B) 
For non-soil-sensing dishwashers, cleaning performance is evaluated on 
three additional cycles at the heavy, medium, and light soil loads that 
are run immediately after the clean-load cycle that is used to 
determine energy and water consumption. (ENERGY STAR Cleaning 
Performance Test Method Section 5.1.C) Each test load item is 
quantitatively evaluated for cleanliness under prescribed lighting 
conditions referenced from ANSI/AHAM DW-1-2010. (ENERGY STAR Cleaning 
Performance Test Method Section 4.B) Additionally, Section 5.2 of the 
ENERGY STAR Test Method specifies the criteria to grade the load; it 
references Section 5.10 of ANSI/AHAM DW-1-2010, which specifies the 
following requirements: Each test load item receives a score based on 
the number and size of soil particles that remain on the item following 
the termination of a test cycle. Glassware items are additionally 
evaluated for the number and size of remaining spots, streaks, and rack 
contact marks. A score of 0 indicates a completely clean test load 
item, and a single test load item cannot exceed a cumulative score of 
9. The number of test items that receive each score is counted (i.e., 
number of items in the test load that receive a score of 0, 1, 2, . . 
., 9) and the weighted average of these counts is subtracted from 100 
to produce a final cleaning index for the test cycle. A score of 100 
indicates perfect cleaning performance.
    Accordingly, DOE proposes to include the requirements specified in 
Sections 4(B), 5.2, and 5.3, of the ENERGY STAR Cleaning Performance 
Test Method, as follows:
    Section 4(B) of the ENERGY STAR Cleaning Performance Test Method 
establishes the lighting requirements for the evaluation room for 
scoring the test load, as specified in ANSI/AHAM DW-1-2010. These same 
lighting requirements are also specified in Section 5.10 of AHAM DW-2-
2020; therefore, DOE proposes to reference Section 5.10 of AHAM DW-2-
2020 to specify the lighting requirements for the evaluation room.
    Section 5.2 of the ENERGY STAR Cleaning Performance Test Method 
establishes the scoring procedure to evaluate each dishware item in the 
test load after completion of the test cycle, as specified in ANSI/AHAM 
DW-1-2010. The scoring method is also specified in Section 5.10.1 of 
AHAM DW-2-2020; therefore, DOE proposes to reference the scoring 
requirements specified in AHAM DW-2-2020.
    Section 5.3 of the ENERGY STAR Cleaning Performance Test Method 
specifies the equation for calculating a cleaning index for each test 
cycle, which is also specified in Section 5.12.3.2 of AHAM DW-2-2020; 
therefore, DOE proposes to reference the calculation of cleaning index 
for each test cycle from AHAM DW-2-2020.
    DOE notes that the calculation to determine per-cycle cleaning 
index is based on the individual score of each item such that dishware 
and flatware are scored based on soil particles, while glassware are 
scored based on soil particles as well as spots, streaks, and rack 
contact marks. DOE further notes that AHAM DW-2-2020 provides two 
separate equations for calculating the total cleaning index for one 
test run. The equation in Section 5.12.3.1 of AHAM DW-2-2020 specifies 
a soil-only cleaning index, which is calculated using the scores of 
each test load item (including glassware) based only on soil particles. 
Section 5.12.3.2 of AHAM DW-2-2020 uses the same equation as that in 
the ENERGY STAR Cleaning Performance Test Method (and ANSI/AHAM DW-1-
2010), and defines the total cleaning index calculation using the 
scores of dishware and flatware cleaning performance based on soil 
particles and glassware based on soil particles as well as spots, 
streaks, and rack contact marks. DOE is proposing to reference Section 
5.12.3.2 of AHAM DW-2-2020 to calculate the total cleaning index of a 
cycle because DOE expects that consumers would evaluate the cleanliness 
of their load items at the completion of a cycle . DOE requests 
feedback on whether it should consider referencing Section 5.12.3.1 of 
AHAM DW-2-2020 instead, which would calculate the cleaning index based 
on soil particles only. If DOE were to calculate the cleaning index 
using soil particles only, it would reevaluate the per-cycle cleaning 
index threshold value (discussed further in Section III.G.2 of this 
document) to reflect this change. DOE requests stakeholder feedback on 
an appropriate threshold to consider.
    DOE requests feedback on the proposed methodology to test, score, 
and calculate a cleaning index to validate the tested cycle and seeks 
comment if other methodologies should be considered for validating the 
cleaning performance of the tested cycle.
    DOE requests feedback on whether it should consider referencing 
Section 5.12.3.1 of AHAM DW-2-2020 to measure cleaning performance, 
which would calculate the cleaning index based on soil particles only. 
DOE notes that if it were to calculate cleaning index using soil 
particles only, it would reevaluate the per-cycle cleaning index 
threshold value to reflect this change.
2. Cleaning Index Threshold
    In response to the August 2019 RFI, Samsung commented that DOE 
should use the ENERGY STAR Most-Efficient cleaning index threshold when 
establishing the standard for dishwashers in the future standards 
rulemaking. (Samsung, No. 9 at p. 3)
    In this NOPR, DOE proposes to provide direction in the test 
procedure as to what constitutes whether a cycle under test can 
completely wash a full load of normally soiled dishes, by establishing 
a minimum cleaning index threshold as a condition for each individual 
test cycle to be valid. The threshold is intended to represent a level 
of cleaning such that if the dishwasher did not meet this threshold 
after operating in the ``normal cycle,'' the consumer would be expected 
to operate the dishwasher using a more energy-intensive cycle than the 
``normal cycle.'' Specifically, DOE proposes that if the normal cycle 
at a particular soil level (i.e., heavy, medium, or light) does not 
achieve the defined cleaning index threshold, that soil level (i.e., 
heavy, medium, or light) would need to be re-tested using the most 
energy-intensive cycle (to be determined using the proposed methodology 
discussed in Section III.G.4 of this document) that achieves the 
defined cleaning index threshold. The data from the most energy-
intensive cycle would be used to represent that soil level in the 
downstream calculations.
    To determine an appropriate threshold value, DOE aggregated 
confidential consumer cycle selection data provided by industry for 
this NOPR, and considered past consumer comments and test data 
collected in support of the October 2020 Final Rule.\27\
---------------------------------------------------------------------------

    \27\ See Dishwasher NODA Test Data (5-21-20), available at: 
www.regulations.gov/document/EERE-2018-BT-STD-0005-3213.
---------------------------------------------------------------------------

    DOE understands general consumer satisfaction as a fundamental 
characteristic of a functioning market, and that consumers are largely 
satisfied with the performance of dishwashers currently on the market. 
However, based on Samsung's comments discussed in Section III.G of this 
document as well as qualitative comments that DOE received during the 
rulemaking that culminated in the October 2020 Final Rule, DOE

[[Page 72757]]

recognizes that the cleaning performance of the normal cycle may not 
always meet consumer expectations of cleaning performance. (See for 
example: Toronto, EERE-2018-BT-STD-0005, No. 2304 at p. 1; Carley, 
EERE-2018-BT-STD-0005, No. 2950 at p. 1; Bruggeman, EERE-2018-BT-STD-
0005, No. 3038 at p. 1; etc.) Further, confidential data submitted by 
manufacturers indicate, in the aggregate, that roughly 25-45 percent of 
all dishwasher cycles are conducted on a cycle other than the normal 
cycle. DOE recognizes that among these other selected cycles, some 
would be expected to be less energy intensive than the normal cycle 
(e.g., a glassware cycle), while others would be expected to be more 
energy intensive than the normal cycle (e.g., a pots and pans cycle). 
The data provided by manufacturers do not indicate which types of 
cycles comprise the percentage of cycles not conducted on the normal 
cycle. In lieu of additional details regarding the dataset, DOE has 
proceeded under the assumption that either option (selecting a more 
energy-intensive or less energy-intensive alternate cycle) is equally 
as likely. Accordingly, DOE estimates that one-half (i.e., 12 to 23 
percent) of cycles not conducted on the normal cycle are instead 
conducted on a cycle that is more energy intensive than the normal 
cycle.
    Since DOE expects that consumers unsatisfied with the cleaning 
performance of the normal cycle would select alternate cycles that are 
more energy-intensive to achieve better cleaning results, the cycle 
selection data serves as a reasonable proxy for consumer acceptance of 
the cleaning performance of the normal cycle. To identify an 
appropriate cleaning index threshold, DOE sought to select a cleaning 
index value that aligned with the cycle selection data. That is, DOE 
sought to identify the cleaning index value that was achieved between 
77 to 88 percent of the time when a dishwasher was operated on the 
normal cycle, indicating that the remaining 12 to 23 percent of the 
time the cleaning performance on the normal cycle would be worse and 
thus would result in consumers selecting more energy-intensive cycles. 
DOE evaluated the cleaning indices measured for the heavy, medium, and 
light soil load cycles as defined in the DOE dishwasher test procedure, 
using the market-representative dishwasher test sample from the October 
2020 Final Rule.\28\ Using these data, DOE plotted the rate at which 
test cycles would achieve each potential cleaning index threshold level 
(in increments of 5 on the Cleaning Index scale). Figure III.1 shows 
the percentage of each of the soil test cycles that meet the threshold 
at each potential threshold level among all the units in the test 
sample. The proposed threshold level of 65 is indicated by the dashed 
line and is described further as follows.
---------------------------------------------------------------------------

    \28\ The test sample consisted of 31 units spanning 13 brands. 
The units selected for testing represented over 95 percent of 
dishwasher manufacturers and were broadly representative of the 
current dishwasher market. 85 FR 68723, 68724.
[GRAPHIC] [TIFF OMITTED] TP22DE21.003

    In determining a threshold, DOE seeks to establish a level that 
ensures the tested cycle produces test results, which measure energy 
use and water use of the dishwasher during a representative average use 
cycle. Establishing a threshold level that is ``too high'' would 
indicate that a substantial number of dishwasher cycles performed by 
consumers do not meet consumer expectations for cleaning performance on 
the normal cycle, which would not

[[Page 72758]]

appropriately reflect general consumer usage of the normal cycle. 
Whereas, establishing a threshold that is ``too low'' would not 
appropriately reflect the percentage of cycles for which consumers are 
likely to select a more energy-intensive cycle to achieve better 
cleaning performance than can be achieved on the normal cycle.
    DOE used the data presented in Figure III.1 and the consumer usage 
weighting factors specified in appendix C1 (and proposed to be retained 
in appendix C1 and the newly proposed appendix C2) for the heavy 
(0.05), medium (0.33), and light (0.62) soil loads to calculate the 
percentage of cycles that would need to be tested at a more energy-
intensive cycle than the normal cycle (i.e., the percentage of cycles 
that would not meet the threshold at each point).\29\ The percentage of 
cycles that would need to be tested at a more energy-intensive cycle 
than the normal cycle is shown in Figure III.2, along with the range 
for the percentage of cycles that would operate on a more energy-
intensive cycle than the normal cycle as estimated from industry data.
---------------------------------------------------------------------------

    \29\ Percent of cycles likely to be operated on a more energy-
intensive cycle than the normal cycle calculated as (100 percent - 
percentage of cycles meeting the threshold level at each point).
[GRAPHIC] [TIFF OMITTED] TP22DE21.004

    Based on the results in Figure III.1 and Figure III.2, DOE proposes 
establishing a minimum cleaning index of 65 as the threshold level for 
a test cycle to be valid. At a cleaning index of 65, the percentage of 
test cycles at each soil level that would achieve the minimum cleaning 
index threshold is 97 percent for lightly soiled loads, 65 percent for 
medium soiled loads, and 58 percent for heavily soiled loads. On a 
weighted-average basis, the measured normal test cycles would reach the 
threshold cleaning index of 65 approximately 84 percent of the time 
(i.e., 16 percent of cycles would not meet the threshold, as shown in 
Figure III.2).\30\ The 16-percent rate--representing the overall 
percentage of cycles that would need to be tested using the most 
energy-intensive cycle--would align with DOE's estimate of roughly 12 
to 23 percent of cycles being operated using a more energy-intensive 
cycle than the normal cycle.
---------------------------------------------------------------------------

    \30\ DOE estimates the overall rate as a weighted average of the 
rate at each soil load times the frequency of consumer usage of each 
soil load; i.e., (97 percent lightly soiled x 0.62) + (65 percent x 
0.33) + (58 percent x 0.05) = 84 percent overall rate that meets a 
threshold of 65. Therefore, 16 percent of cycles would not meet the 
threshold of 65.
---------------------------------------------------------------------------

    DOE also considered other cleaning index threshold values, such as 
70, which would align with the ENERGY STAR Most-Efficient criteria, and 
values below 65. However, for a cleaning index threshold of 70, 22 
percent of the cycles would need to be tested at the most energy-
intensive cycle, which is close to the upper bound of DOE's estimated 
threshold (i.e., 23 percent) for the percentage of cycles that would 
likely be tested at a more energy-intensive cycle compared to the 
normal cycle. At a cleaning index threshold of 60, only 10 percent of 
cycles would need to be tested at the most energy-intensive cycle, 
which is outside the representative range estimated by DOE from 
industry-supplied data. While the percentage of cycles estimated to 
operate at the most energy-intensive cycle to meet a cleaning index 
threshold of 70 is within the range of cycles that DOE estimates are 
conducted on a more energy-intensive cycle than the normal cycle, DOE 
is proposing a cleaning index threshold of 65 because it is closer to 
the mid-point of the range of 12 to 23 percent of cycles that are 
likely

[[Page 72759]]

to be tested on a more energy-intensive cycle compared to the normal 
cycle. However, if stakeholder feedback indicates that a cleaning index 
threshold of 70 is appropriate, DOE will consider establishing 70 as 
the cleaning index threshold value for a test cycle to be considered 
valid.
    DOE proposes to specify the same cleaning index threshold value for 
all tested soil loads because it does not have information to suggest 
that consumer expectations for the cleaning performance of the load at 
the end of the cycle differ based on the initial soil load of the 
dishware.
    DOE requests feedback on the proposed cleaning index threshold 
value of 65 for each test cycle or whether it should consider a 
threshold value of 70 instead.
    DOE requests additional data on consumer dishwasher cycle 
selections. In particular, DOE requests data indicating the frequency 
with which consumers select the normal cycle; and, for cycles not 
conducted on the normal cycle, the frequency with which a more energy-
intensive cycle is selected.
    DOE also requests additional data on how frequently consumers are 
dissatisfied with the cleaning performance of the normal cycle as well 
as the actions, and the frequency of each action, that consumers would 
take if the load is not satisfactorily clean.
3. Validation of the Test Cycle
    Similar to the ENERGY STAR Cleaning Performance Test Method, DOE 
proposes that the cleaning index of the test cycles be determined for 
the same test cycles required for the energy and water tests for both 
soil-sensing and non-soil-sensing dishwashers. The following paragraphs 
discuss specific details regarding implementation of this proposal for 
soil-sensing and non-soil-sensing dishwashers, respectively.
    For soil-sensing dishwashers, Section 2.6.3 of appendix C1 
specifies that the normal cycle shall be tested first for the sensor 
heavy response, then for the sensor medium response, and finally for 
the sensor light response, using a defined combination of soiled and 
clean test load items for each test cycle. DOE proposes maintaining 
this test sequence, which is also specified in Section 2.6.3 of AHAM 
DW-1-2020. As discussed, DOE proposes that each of the sensor heavy, 
medium, and light response test cycles would be required to achieve a 
cleaning index of 65 or greater to constitute a valid cycle. If a test 
cycle at a particular soil level does not achieve the defined cleaning 
index threshold, that soil level would need to be re-tested using the 
most energy-intensive cycle (to be determined using the proposed 
methodology discussed in Section III.G.4 of this document) that 
achieves a cleaning index threshold of 65 or greater. For the soil 
level under consideration, the test results from the most energy-
intensive valid cycle that achieves a cleaning index threshold of 65 or 
greater would be used in the calculation of EAOC, EAEU, and per-cycle 
water consumption.
    In the event that a test cycle at a particular soil level does not 
achieve the defined cleaning index threshold, DOE proposes that the 
filter should be cleaned prior to testing the soil level at the most 
energy-intensive cycle that achieves a cleaning index of 65 or greater. 
Cleaning the filter before transitioning from the normal cycle to the 
specified most energy-intensive cycle at a given soil load would ensure 
that residual particles from the normal cycle test run do not impact 
the cleaning performance evaluation for that most energy-intensive 
cycle. It would also promote repeatability and reproducibility of the 
test results when testing according to the proposed amendments (in 
which the sequence of test cycles may requiring switching from the 
normal cycle to a different program cycle).
    Non-soil-sensing dishwashers are currently tested with a clean 
(i.e., unsoiled) test load. Under the proposal that a test cycle would 
be considered valid if its cleaning index threshold is 65 or greater, 
DOE proposes that non-soil-sensing dishwashers must be tested instead 
with a soiled load. Specifically, for non-soil-sensing dishwashers, DOE 
proposes incorporating the same procedure for evaluating the validity 
of the normal cycle and, if necessary, testing the most energy-
intensive cycle that achieves a cleaning index threshold of 65 or 
greater, as proposed for soil-sensing dishwashers. The same equations 
specified for soil-sensing dishwashers in Section 5 of appendix C1 and 
newly proposed appendix C2, Calculations of Derived Results from Test 
Measurements, would apply to non-soil-sensing dishwashers. The proposed 
test procedure would specify testing the heavy, medium, and light soil 
levels, in that sequence.
    Since non-soil-sensing dishwashers consume a fixed amount of water 
and energy independent of the amount of soil present in the test load, 
it is assumed that if the normal cycle obtains a cleaning index of 65 
or greater at a given soil load (e.g., for the sensor heavy response 
test), that the normal cycle would also achieve the cleaning index 
threshold for any lesser soil loads (e.g., the sensor medium and sensor 
light response tests). Therefore, if a tested soil load for a non-soil-
sensing dishwasher meets the defined threshold criteria when tested on 
the normal cycle, no additional testing would be required of cycles 
with lesser soil loads. If a non-soil-sensing dishwasher is not tested 
at a certain soil load because the preceding heavier soil load(s) meets 
the cleaning index threshold on the normal cycle, the energy and water 
consumption values of the preceding soil load would be used to 
calculate the weighted-average energy and water consumption values. For 
example, if the sensor medium response and sensor light response tests 
on the normal cycle are not conducted, the values of the sensor heavy 
response test on the normal cycle would be used for all three soil 
loads; whereas, if only the sensor light response test is not 
conducted, the values of the sensor medium response test on the normal 
cycle would be used for the sensor medium and the sensor light response 
tests.
    DOE could also consider other potential methods to validate that 
the measured energy and water consumption of dishwashers is 
representative of consumer use. For example, the test procedure could 
define an energy ``adder'' or multiplicative factor that would be 
applied to the energy and water consumption values for any test cycle 
that does not meet the defined cleaning index threshold (e.g., DOE 
could specify a constant adder that could be included to the measured 
energy consumption of a cycle that does not meet the cleaning index 
threshold). Such adder or multiplicative factor would compensate for 
the additional energy and water needed to achieve a consumer-accepted 
level of cleaning. This example approach would eliminate the need to 
run additional test cycles, thereby mitigating test burden.
    As discussed at the beginning of Section III.G of this document, 
the representative average use of a dishwasher is represented in DOE's 
test procedure by the normal cycle. The normal cycle definition 
includes the phrase ``completely wash a full load of normally soiled 
dishes.'' See 10 CFR part 430 subpart B appendix C1. The discussion in 
Sections III.G.1-3 of this document illustrates that it is likely that 
dishwashers exist that are testing using the ``normal cycle,'' but are 
not ``completely washing'' dishes, leading consumers to pre-rinse and 
use additional cycles, etc. Thus, the testing of those dishwashers is 
not representative of energy use, energy efficiency, and water use 
during a representative average use cycle. In

[[Page 72760]]

order to ensure that the testing of all dishwashers more accurately 
measures energy and water use during representative consumer use (i.e., 
completely washing a normally soiled load of dishes), DOE is proposing 
to adopt a cleaning performance threshold.
    Further, under 42 U.S.C. 6293(e)(1), DOE is required to determine 
whether an amended test procedure will alter the measured energy use of 
any covered product. If an amended test procedure does alter measured 
energy use, DOE is required to make a corresponding adjustment to the 
applicable energy conservation standard to ensure that minimally-
compliant covered products remain compliant. (42 U.S.C. 6293(e)(2)) The 
measured energy use of certain dishwashers could change if a more-
energy intensive cycle is required to verify that a dishwasher model 
completely washes a normally soiled load of dishes (i.e., dishwashers 
for which the cycle recommended in the manufacturer's instructions for 
daily, regular, or typical use to completely wash a full load of 
normally soiled dishes does not completely wash a full load of normally 
soiled dishes). However, DOE does not expect that this proposal would 
impact the measured energy of dishwasher models for which the normal 
cycle completely washes a full load of normally soiled dishes as 
required by the current DOE test procedure. Further, DOE does not 
expect that this proposal would impact minimally compliant models. As 
discussed in the December 2016 Final Determination, DOE relied on 
cleaning performance data from the ENERGY STAR Cleaning Performance 
Test Method, which showed that cleaning performance began to drop off 
at energy and water consumptions below Efficiency Level 3 (255kWh/year 
and 3.1 gal/cycle). 81 FR 90072, 90082. Additionally, testing conducted 
in support of the October 2020 Final Rule included two minimally-
compliant units, both of which exceeded the proposed cleaning index 
threshold of 65 at each of the three soil loads on the normal cycle. As 
such, DOE expects that manufacturers would likely be able to maintain 
cleaning performance, up to a score of 70, with a maximum energy 
consumption between 250 and 260 kWh/year and water consumption at 3.1 
gal/cycle. DOE has tentatively determined that this proposal would not 
require an adjustment to the energy conservation standard for 
dishwashers to ensure that minimally-compliant dishwashers remain 
compliant.
    DOE requests feedback on its proposed approach to ensure that the 
test procedure produces test results which measure energy use and water 
use during a representative average use cycle.
    DOE requests comment on its proposal that, if a test cycle at a 
particular soil level is re-tested using the most energy-intensive 
cycle, the filter should be cleaned prior to testing the soil level at 
the most energy-intensive cycle.
    DOE requests feedback on its proposal to require testing non-soil-
sensing dishwashers using a soiled load for the purpose of being able 
to evaluate the cleaning index of each tested cycle.
    DOE requests comment on its proposed approach for non-soil-sensing 
dishwashers; particularly that if a tested soil load meets the defined 
threshold criteria when tested on the normal cycle, no additional 
testing is required of cycles with lesser soil loads.
    DOE requests comment and data on the test cycles currently selected 
by manufacturers for rating the energy and water use of dishwashers 
compared to the test cycles that would be selected under the proposed 
cleaning index threshold of 65 as a condition for a valid test cycle. 
In particular, DOE requests data on the extent to which manufacturers 
would need to test a more-energy intensive cycle, or redefine the 
normal cycle, to meet the proposed cleaning index threshold of 65.
    DOE requests information on other potential methods to validate 
that the measured energy and water consumption of dishwashers is 
representative of consumer use, such as the example approaches of 
applying an ``adder'' or multiplicative factor to the energy and water 
consumption values for any test cycles that do not achieve the defined 
cleaning index threshold. If stakeholders recommend such an approach, 
DOE requests data and information that could be used to determine this 
factor.
    DOE requests comment and related supporting data on whether this 
proposal would result in an altered measured energy use for dishwashers 
that are currently minimally-compliant with the existing energy 
conservation standards for dishwashers.
    DOE notes that compact dishwashers that are non-soil-sensing are 
currently tested at the manufacturer-stated capacity, if the capacity 
of the dishwasher is less than eight place settings. Section 2.6.2 of 
appendix C1. Under the proposal to test non-soil-sensing dishwashers 
with a soiled load, the instructions specify that compact dishwashers 
must be tested using four place settings plus six serving pieces, and 
that some of the place settings are soiled for the different soiled 
loads. However, DOE is aware that the rated capacity of some compact, 
non-soil-sensing dishwashers is less than four place settings (e.g., 
the basic models for which CNA and FOTILE submitted waiver petitions 
and discussed in Sections III.D.5 and III.D.6, respectively, of this 
document). For such dishwashers, as well as any soil-sensing compact 
dishwashers that have a rated capacity of less than four place 
settings, DOE proposes the following requirements for soiling the test 
load:
     Heavy soil load: Soil two-thirds of the place settings, 
excluding flatware and serving pieces (rounded up to the nearest 
integer) or one place setting, whichever is greater;
     Medium soil load: Soil one-quarter of the place settings, 
excluding flatware and serving pieces (rounded up to the nearest 
integer) or one place setting, whichever is smaller;
     Light soil load: Soil one-quarter of the place settings, 
excluding flatware and serving pieces (rounded up to the nearest 
integer) or one place setting, whichever is smaller, using half the 
quantity of soils specified for one place setting.
    DOE requests comment on whether the soil loads proposed for compact 
dishwashers that have a capacity of less than four place settings is 
appropriate. If stakeholders recommend different quantity of soils for 
such dishwashers, DOE requests feedback on the soil level that should 
be used for such small capacity dishwashers.
4. Determining the Most Energy-Intensive Cycle
    To determine the most energy-intensive cycle that achieves a 
cleaning index of 65 or greater for a given soil load, if the normal 
cycle does not achieve this threshold level, DOE proposes a new Section 
4.1.1 in appendix C1 and newly proposed appendix C2 to provide 
instructions for determining the most energy-intensive cycle type, to 
be conducted only if required for this purpose. DOE proposes that the 
most energy-intensive cycle would be determined by conducting a single 
test cycle with a clean test load for each available cycle (e.g., 
Normal, Heavy Duty, Pots and Pans, etc.).
    DOE also considered that the most energy-intensive cycle be 
determined for each sensor response test cycle using the respective 
soil load (i.e., the most energy-intensive sensor heavy response test 
cycle would require testing each available cycle type with the heavy 
soil load; the most energy-intensive sensor medium response and sensor 
light response test cycles would be determined similarly). However, DOE 
is

[[Page 72761]]

not proposing this approach due to the significant burden associated 
with soiling the load and running the cycle for each available cycle 
type at each potential soil level. If stakeholder comments indicate 
that such an approach would be more representative to determine the 
most energy-intensive cycle, DOE would consider it.
    DOE also proposes that prior to running the clean load test to 
determine the most energy-intensive cycle, the dishwasher filter should 
be cleaned so that soil particles from any previous tests does not 
affect the determination of the most energy-intensive cycle.
    DOE requests feedback on its proposed methodology for determining 
the most energy-intensive cycle. DOE also requests feedback on whether 
it should consider determination of the most energy-intensive cycle for 
sensor response test cycle using the respective soil load.
    DOE requests feedback on its proposal to require cleaning of the 
dishwasher filter prior to running the clean load test to determine the 
most energy-intensive test cycle.

H. Standby Mode Test Method

1. Standby Power Measurement
    Section 4.2 of appendix C1 provides instructions for measuring 
standby mode and off mode power. These instructions do not currently 
specify if the dishwasher door is to be open or closed when testing in 
standby mode and off mode. In the August 2019 RFI, DOE requested 
comment on whether testing with the door closed is representative of 
energy use in standby mode or off mode during a representative average 
use cycle or period of use (i.e., the door is closed when the 
dishwasher is not in active mode). 84 FR 43071, 43077. Additionally, 
DOE requested feedback on whether energy is consumed when the door is 
open, and if so, whether the energy consumption with the door open is 
significantly different from the energy consumed with the door closed. 
Id.
    AHAM commented that it was further investigating the inquiry about 
whether standby testing with the door closed is representative of 
energy use in standby mode and whether energy consumed with the door 
open is significantly different than when the door is closed. (AHAM, 
No. 5 at p. 7) The Joint Commenters recommended that the test procedure 
specify that the door remain closed during standby and off mode power 
testing. (Joint Commenters, No. 8 at p. 2) Both CEC and the CAIOUs 
stated that DOE should specify that standby testing be conducted with 
the door closed. (CEC, No. 6 at p. 2; CAIOUs, No. 7 at p. 3) CEC 
further stated that, ``intuitively, most consumers will keep the 
dishwasher door closed to prevent disruption of foot traffic patterns 
in their kitchen.'' (CEC, No. 6 at p. 2) CEC reiterated that DOE should 
fully specify the conditions under which measurements are to be made to 
improve repeatability. (CEC, No. 6 at p. 2)
    DOE reviewed recent models from different manufacturers and 
observed that some newer models have LED lights inside the dishwasher 
tub as well as other indicators either on the door or on the electronic 
control panel that illuminate when the dishwasher door is open. 
Additional energy use by any such lights and/or indicators could affect 
the standby power consumption and the resulting EAEU measurement; for 
example, a 1-watt increase in the standby power consumption could 
impact the EAEU by up to 5 percent, i.e., conducting standby mode 
testing with the dishwasher door open as compared to testing with the 
door closed could result impact test results for EAEU by up to 5 
percent if the lights consumed an additional 1 watt of power.
    Section 4.2 of the new AHAM DW-1-2020 standard also includes 
specific instructions for the door orientation during standby mode 
testing. It specifies that the standby mode test must be conducted 
after completing the last active mode test as part of the energy test 
sequence. Thereafter, the dishwasher door must be opened and 
immediately closed without changing the control panel settings used for 
the active mode wash cycle and without disconnecting the electrical 
supply to the dishwasher. Once the door is closed, the standby mode and 
off mode measurements should begin.
    DOE proposes to reference this requirement from AHAM DW-1-2020 
regarding opening and closing the door prior to starting the standby 
mode and off mode tests. DOE has initially concluded that performing 
standby mode and off mode testing with the door closed is likely to be 
most representative of average consumer use while also providing a 
representative measurement, in particular noting CEC's comment that 
most consumers will keep the dishwasher door closed to prevent 
disruption of foot traffic patterns in their kitchen.
    Based on DOE's interactions with test laboratories, dishwashers are 
already tested with the door closed in standby mode. Therefore, DOE 
does not expect any increase in costs to manufacturers from this 
proposed update were it made final.
    DOE requests input on its proposal to apply the standby mode and 
off mode test requirements from Section 4.2 of AHAM DW-1-2020 to 
appendix C1 and proposed new appendix C2.
2. Annual Combined Low-Power Mode Energy Consumption Calculation
    Section 5.7 of appendix C1 specifies the method to calculate the 
annual combined low-power mode energy consumption. The combined low-
power mode energy consumption includes the power consumption in 
inactive mode \31\ and off mode,\32\ depending on whether a unit can 
enter both of these modes or only one of these modes. To calculate the 
annual low-power mode energy consumption, Section 5.7 of appendix C1 
currently assigns 8,465 hours annually to low-power modes for units 
that do not have a fan-only mode. For units that have a fan-only mode, 
the annual hours assigned to low-power modes are calculated for each 
individual unit based on the tested duration in active mode and fan-
only mode. Section 5.7 of appendix C1. That is, the combined low-power 
annual hours for all available modes other than active mode, 
SLP, is calculated as:
---------------------------------------------------------------------------

    \31\ Inactive mode means a standby mode that facilitates the 
activation of active mode by remote switch (including remote 
control), internal sensor, or timer, or that provides continuous 
status display. Section 1.10 of appendix C1.
    \32\ Off mode means a mode in which the dishwasher is connected 
to a mains power source and is not providing any active mode or 
standby mode function, and where the mode may persist for an 
indefinite time. An indicator that only shows the user that the 
product is in the off position is included within the classification 
of an off mode. Section 1.15 of appendix C1.

SLP = [H - {N x (L + LF){time} ] for dishwashers capable of operating 
---------------------------------------------------------------------------
in fan-only mode; otherwise, SLP = 8,465

Where,

H = the total number of hours per year = 8,766 hours per year,
N = the representative average dishwasher use of 215 cycles per 
year,
L = the average of the duration of the normal cycle and truncated 
normal cycle, for non-soil-sensing dishwashers with a truncated 
normal cycle; the duration of the normal cycle, for non-soil-sensing 
dishwashers without a truncated normal cycle; the average duration 
of the sensor light response, truncated sensor light response, 
sensor medium response, truncated sensor medium response, sensor 
heavy response, and truncated sensor heavy response, for soil-
sensing dishwashers with a truncated cycle option; the average 
duration of the sensor light response, sensor medium response, and 
sensor heavy response, for

[[Page 72762]]

soil-sensing dishwashers without a truncated cycle option, and
LF = the duration of the fan-only mode for the normal cycle for non-
soil-sensing dishwashers; the average duration of the fan-only mode 
for sensor light response, sensor medium response, and sensor heavy 
response for soil-sensing dishwashers. Section 5.7, appendix C1.

    Section 5.7 of AHAM DW-1-2020 updated this calculation such that 
the combined low-power annual hours, SLP, is a calculated 
value for all units. That is, dishwashers that do not have a fan-only 
mode would use the same equation to calculate SLP as 
dishwashers that do have a fan-only mode. The only difference in 
calculation of SLP for units without a fan-only mode is that 
LF would be equal to 0 for such units.
    DOE proposes to reference the annual low-power mode energy 
consumption calculation specified in Section 5.7 of AHAM DW-1-2020, 
which would also include the updated calculation method for combined 
low-power annual hours, SLP. This approach would change the 
hours assigned to low-power mode from 8,465 hours for dishwashers that 
do not have a fan-only mode to a value that is dependent on the 
duration of the normal cycle. Calculating the annual low-power mode 
energy consumption utilizing the measured active mode duration for each 
individual unit rather than assigning a constant value across all units 
would provide a more representative result.
    The proposed change to the combined low-power annual hours would 
potentially impact the measured EAEU. DOE also notes that the current 
energy conservation standard was developed using the method for 
determining the combined low-power annual hours specified in appendix 
C1. As such, DOE proposes that, if this proposal were adopted, this 
change would go into effect in conjunction with any amended energy 
conservation standards for dishwashers. Accordingly, DOE is proposing 
that the updated calculation of annual low-power mode energy 
consumption be included only in the new appendix C2. Appendix C1 would 
continue using the current method for calculating the annual low-power 
mode energy consumption.
    DOE requests comment on its proposal to use the updated combined 
low-power annual hours, specified in Section 5.7 of AHAM DW-1-2020, for 
the calculation of annual combined low-power mode energy consumption in 
the proposed new appendix C2.

I. Network Mode

    Appendix C1 currently does not address ``network mode'' power 
consumption. DOE received two comments that recommended incorporating a 
network mode power consumption test method into appendix C1. 
Specifically, the Joint Commenters stated that DOE should consider 
incorporating a network mode power consumption measurement in the test 
procedure for ``connected'' dishwashers so consumers can have a better 
understanding of the energy associated with connected functionality, 
adding that as of September 2019, there were 11 ENERGY STAR-qualified 
connected models on the market. (Joint Commenters, No. 8 at p. 2) 
Additionally, the CAIOUs recommended that DOE define a ``network mode'' 
for smart dishwashers and implement a method to measure power 
consumption in network mode so that consumers have a better 
understanding of the power usage for connected units. (CAIOUs, No. 7 at 
p. 3)
    DOE is aware of dishwashers with network capabilities that are 
currently on the market. However, DOE does not have sufficient data at 
this time regarding the energy use and consumer use patterns associated 
with such capabilities to evaluate potential test procedure provisions 
related to network capabilities. Therefore, DOE is proposing that all 
network functions must be disabled during testing. Specifically, DOE 
proposes to include a requirement in appendix C1 and the proposed new 
appendix C2 that for dishwashers which can communicate through a 
network (e.g., Bluetooth[supreg] or internet connection), all network 
functions must be disabled, if it is possible to disable it by means 
provided in the manufacturer's user manual, for the duration of 
testing. If the manufacturer instructions provided in the user manual 
do not provide for disabling a connected function, the standby power 
test procedure is conducted with the connected function in the ``as-
shipped'' condition. DOE seeks comment on its proposal to require the 
disablement of all network functions throughout the duration of 
testing.
    DOE seeks the following information regarding connected dishwashers 
that could inform future test procedure considerations:
    DOE requests feedback on connected dishwashers currently on the 
market. Specifically, DOE requests input on the types of features or 
functionality enabled by connected dishwashers that exist on the market 
or that are under development.
    DOE requests data on the percentage of users purchasing connected 
dishwashers, and, for those users, the percentage of the time when the 
connected functionality of the dishwashers is used.
    DOE requests data on the amount of additional or reduced energy use 
of connected dishwashers.
    DOE requests data on the pattern of additional or reduced energy 
use of connected dishwashers; for example, whether it is constant, 
periodic, or triggered by the user.
    DOE requests information on any existing testing protocols that 
account for connected features of dishwashers, as well as any testing 
protocols that may be under development within the industry.

J. Test Cycle Duration

    As stated, DOE established a separate product class for standard 
size dishwashers with a cycle time for the normal cycle of less than 
one hour from washing through drying. 10 CFR 430.32(f)(1)(iii). See 
also 85 FR 68723. The definition for the new product class of standard 
size dishwashers with a ``normal'' cycle time of 60 minutes or less 
defines ``normal'' cycle time by reference to Section 1.12 of appendix 
C1. 10 CFR 430.32(f)(1)(iii). The new product class definition, as well 
as the previously established definitions for standard size dishwasher 
and compact size dishwasher, reference ANSI/AHAM DW-1-2010 for 
specifying the place settings used to distinguish between ``standard'' 
and ``compact.'' 10 CFR 430.32(f)(1)(i)-(iii).
    On December 29, 2020, the National Resources Defense Council 
(``NRDC''), Sierra Club, Consumer Federation of America, and 
Massachusetts Union of Public Housing Tenants petitioned the U.S. Court 
of Appeals for the Second Circuit to review and set aside the October 
2020 Final Rule. Natural Resources Defense Council v. U.S. Dep't of 
Energy, No. 20-4256 (2d Cir.). On the same day, the States of 
California, Connecticut, Illinois, Maine, Michigan, Minnesota, New 
Jersey, New Mexico, New York, Nevada, Oregon, Vermont, and Washington, 
the Commonwealth of Massachusetts, the District of Columbia, and the 
City of New York filed a separate petition for review of the October 
2020 Final Rule in the U.S. Court of Appeals for the Second Circuit. 
California v. U.S. Dep't of Energy, No. 20-4285 (2d Cir.). These two 
cases have been consolidated in the Second Circuit and have been placed 
in abeyance pending DOE's review of the October 2020 Final Rule in 
compliance with Executive Order 13990.
    Further, on March 1, 2021, AHAM petitioned DOE to reconsider the 
October 2020 Final Rule that established

[[Page 72763]]

and amended standards for short-cycle residential dishwashers (Docket 
EERE-2021-BT-STD-0002, No. 001 at p. 2).\33\ On April 28, 2021, the 
NRDC, Sierra Club, the Consumer Federation of America, and the 
Massachusetts Union of Public Housing Tenants (``NRDC, et al.'') also 
submitted a petition for DOE to repeal the same October 2020 Final Rule 
(``NRDC petition for reconsideration'').\34\
---------------------------------------------------------------------------

    \33\ AHAM submitted its petition pursuant to the Administrative 
Procedure Act (``APA''), 5 U.S.C. 551 et seq., which provides among 
other things, that ``[e]ach agency shall give an interested person 
the right to petition for the issuance, amendment, or repeal of a 
rule.'' (5 U.S.C. 553(e)) The AHAM petition is available in the 
docket to this rulemaking, EERE-2021-BT-STD-0002, at 
www.regulations.gov.
    \34\ NRDC also submitted its petition pursuant to the APA, 5 
U.S.C. 553(e), to repeal the final rule. The NRDC petition is 
available in the docket to this rulemaking, EERE-2021-BT-STD-0002, 
at www.regulations.gov.
---------------------------------------------------------------------------

    On August 11, 2021, DOE published a NOPR (``August 2021 NOPR'') 
stating that the October 2020 Final Rule resulted in amended energy 
conservation standards for the new product class without properly 
determining whether the relevant statutory criteria for amending 
standards were met. 86 FR 43970. As a result, DOE proposed to revoke 
the October 2020 Final Rule establishing the new short cycle product 
class. Id.
    As stated, DOE is proposing to incorporate by reference AHAM DW-1-
2020 in its entirety into 10 CFR part 430, and amend the dishwasher 
test procedure to reference specified provisions of the standard. 
Specifically, DOE is proposing to amend 10 CFR 430.32(f)(1)(iii) to 
remove the existing reference to appendix C1, and instead reference 
AHAM DW-1-2020 for the definition of ``normal cycle.'' DOE is also 
proposing to specify the method for determining cycle duration in 
Section 5.3 of appendix C1 and the proposed new appendix C2. DOE 
proposes the test duration is the weighted average of the sensor heavy 
response, sensor medium response, and sensor light response tests for 
all dishwashers (i.e., both soil-sensing and non-soil-sensing 
dishwashers). Additionally, DOE is proposing to update the references 
to AHAM DW-1 in the standard size dishwasher and compact size 
dishwasher descriptions in 10 CFR 430.32. In light of the August 2021 
NOPR, DOE is not proposing at this time to require reporting of the 
test duration.
    DOE requests comment on the proposal to update the standard size 
dishwasher, compact size dishwasher, and standard size dishwasher with 
a ``normal'' cycle time of 60 minutes or less descriptions at 10 CFR 
430.32(f)(1)(i)-(iii). DOE also requests comment on the proposal to 
explicitly provide the method for determining cycle duration in 
appendices C1 and C2.

K. Test Procedure Costs and Harmonization

1. Test Procedure Costs and Impact
    In this NOPR, DOE proposes to amend the existing test procedure for 
dishwashers at appendix C1 and adopt a new test procedure at appendix 
C2. The proposed amendments to appendix C1 would establish requirements 
for water hardness, relative humidity, and loading pattern; update 
requirements for ambient temperature, detergent dosage, and standby 
power measurement; include testing approaches from published waivers 
for dishwashers; and include provisions for evaluating cleaning 
performance and establishing a minimum per-cycle cleaning index 
threshold as a condition for a valid test. The newly proposed appendix 
C2 would additionally include an updated annual number of cycles and 
low-power mode hours for the calculation of energy consumption.
    The proposed amendments to appendix C1 would establish new 
requirements for water hardness and relative humidity and would update 
the requirements for ambient temperature. DOE does not expect these 
proposals to increase test burden as compared to current industry 
practice because it expects that laboratories already control water 
hardness, relative humidity, and ambient temperature to within the 
proposed specifications, as indicated by manufacturer comments 
supporting these proposals, as well as general industry acceptance for 
these requirements as they pertain to dishwashers and other appliances.
    DOE also proposes to establish in appendix C1 a new requirement for 
loading soiled dishes. DOE does not expect this proposal to change the 
rated energy and water use because the thermal mass inside the 
dishwasher chamber would be the same, regardless of how the dishes are 
loaded in the unit. DOE also does not expect this proposal to increase 
the cost of conducting the test procedure as compared to the current 
test procedure based on the large number of brands currently 
participating in the ENERGY STAR qualification and Most Efficient 
programs (which requires the loading pattern proposed in this NOPR) and 
based on AHAM's statements expressing support on behalf of the 
industry.
    Further, DOE is also proposing a new detergent type and approach 
for calculating the detergent dosage in appendix C1. However, DOE is 
also proposing to retain the current detergent type and dosing 
requirement. As such, DOE does not expect this proposal to increase 
test burden as compared to current industry practice.
    DOE is further proposing in appendix C1 that standby mode power 
consumption be measured with the door closed. Based on DOE's 
interactions with test laboratories, dishwashers are already tested 
with the door closed in standby mode. Therefore, DOE does not expect 
any increase in costs to manufacturers from this proposed update if it 
were made final.
    Finally, DOE is proposing the evaluation of cleaning performance in 
appendix C1. Specifically, DOE is proposing that each tested soil load 
must meet a minimum per-cycle cleaning index threshold of 65 for a test 
cycle to be considered valid. As discussed, DOE understands the market 
to reflect general consumer satisfaction with the cleaning performance 
of currently available dishwashers, and the proposed test cycle 
validation index would reflect that consumer acceptance.
    Were a currently certified dishwasher model to require retesting, 
or new models be tested for certification under the proposed amendments 
to appendix C1, if made final, DOE estimated the cost to test a 
dishwasher basic model according to the proposed appendix C1. DOE 
estimates the costs to test a soil-sensing dishwasher to be 
approximately $2,330 per basic model and that for a non-soil-sensing 
dishwasher to be approximately $790 per basic model. These costs were 
estimated as follows.
    Based on its experience conducting dishwasher testing, DOE 
estimates the total duration to test dishwashers currently, according 
to appendix C1, to be 25 hours for a soil-sensing dishwasher and 6 
hours for a non-soil-sensing dishwasher. The additional time required 
to score a load at the end of cycle and calculate the cleaning index is 
estimated to be 1 hour per soil load. Therefore, DOE estimates the test 
duration under the proposed updates to appendix C1 to be 28 hours for 
soil-sensing dishwashers (25 hours currently + 1 hour per soil load to 
score the load and calculate cleaning index).
    For non-soil-sensing dishwashers, DOE's proposal requires testing 
on the heavy soil load. This would increase testing time by 
approximately 2.5 hours (in addition to the 1 hour associated with 
scoring and calculating cleaning index) due to the additional time 
associated with preparing the soils, soiling the load, allowing the 
soils to dry, and loading the soiled dishes. To

[[Page 72764]]

mitigate burden, DOE's proposal additionally specifies that non-soil-
sensing dishwashers are required to test the medium and light soil 
loads only if the next-greater soil load requires the use of the most 
energy-intensive cycle. To estimate the testing burden associated with 
this proposal, DOE estimates that most non-soil-sensing dishwashers 
would only be tested at the heavy soil load. Therefore, DOE estimates 
the total testing duration for non-soil sensing dishwashers under the 
proposed appendix C1 to be 9.5 hours (2.5 hours to soil the load + 1 
hour to score the load and calculate cleaning index).
    Based on data from the Bureau of Labor Statistics' (``BLS's'') 
Occupational Employment and Wage Statistics, the mean hourly wage for 
electrical and electronic engineering technologist and technician is 
$29.27.\35\ Additionally, DOE used data from BLS's Employer Costs for 
Employee Compensation to estimate the percent that wages comprise the 
total compensation for an employee. DOE estimates that wages make up 
70.4 percent of the total compensation for private industry 
employees.\36\ Therefore, DOE estimated that the total hourly 
compensation (including all fringe benefits) of a technician performing 
these tests is approximately $41.58.\37\ Using these labor rates and 
time estimates, DOE estimated that it would cost dishwasher 
manufacturers approximately $1,165 to conduct a single test on a soil-
sensing dishwasher unit and approximately $395 to conduct a single test 
on a non-soil-sensing dishwasher unit.\38\
---------------------------------------------------------------------------

    \35\ DOE used the mean hourly wage of the ``17-3027 Mechanical 
Engineering Technologists and Technicians'' from the most recent BLS 
Occupational Employment and Wage Statistics (May 2020) to estimate 
the hourly wage rate of a technician assumed to perform this 
testing. See www.bls.gov/oes/current/oes173027.htm. Last accessed on 
July 26, 2021.
    \36\ DOE used the March 2021 ``Employer Costs for Employee 
Compensation'' to estimate that for ``Private Industry Workers,'' 
``Wages and Salaries'' are 70.4 percent of the total employee 
compensation. See www.bls.gov/news.release/archives/ecec_06172021.pdf. Last accessed on July 26, 2021.
    \37\ $29.27 / 0.704 = $41.58.
    \38\ Soil-sensing dishwasher: $41.58 x 28 hours = $1,164.24 
(rounded to $1,165) Non-soil-sensing dishwasher: $41.58 x 9.5 hours 
= $395.01 (rounded to $395).
---------------------------------------------------------------------------

    DOE requires at least two units to be tested for each basic model 
prior to certifying a rating with DOE. Therefore, DOE estimates that 
manufacturers would incur testing costs of approximately $2,330 per 
soil-sensing dishwasher basic model and approximately $790 per non-
soil-sensing dishwasher basic model. The incremental increase in 
testing costs under the proposed updates to appendix C1 compared to the 
current appendix C1 would be approximately $250 per soil-sensing 
dishwasher basic model and approximately $290 per non-soil-sensing 
dishwasher basic model.
    DOE requests comment on its initial determination as to the impacts 
from the proposed amendments to appendix C1 related to the rated energy 
and water use of currently certified dishwashers. DOE also requests 
comment on the potential impact to manufacturers from the updates 
proposed to appendix C1. Finally, DOE requests comment on its estimated 
costs for testing soil-sensing and non-soil-sensing dishwashers 
according to the proposed appendix C1.
    In addition to the proposed amendments to appendix C1, DOE is also 
proposing a new appendix C2. As proposed, use of appendix C2 would be 
required in conjunction with the compliance date of future amendments 
to the energy conservation standards for dishwashers, should such 
amendments be adopted. The proposed change to the annual number of 
cycles and low-power mode hours, both of which are used for the 
calculation of energy consumption, would change certain inputs to the 
calculation, but would not impact the burden as compared to conducting 
the calculation under the current test procedure.
    Another proposed update in the proposed appendix C2 would require 
the use of a new detergent type and method to calculate the detergent 
dosage. Based on testing that DOE conducted in support of the October 
2020 Final Rule, DOE estimates that the updated detergent dosage 
methodology would reduce testing time by about 1 hour because the new 
methodology estimates detergent dosage based on the number of place 
settings as opposed to the prewash and main wash fill water volumes as 
required under the current (and proposed) appendix C1 test procedure. 
Determination of the prewash and main wash fill water volumes requires 
about 1 hour to identify the prewash and main wash phases of a test 
cycle, isolating the water consumed during these specific portions of 
the cycle, and then calculating the quantity of detergent required.
    Based on these estimates DOE anticipates the total duration to test 
soil-sensing dishwashers according to the newly proposed appendix C2 
would be 27 hours. Similarly, DOE's estimate of the total duration to 
test non-soil-sensing dishwashers according to proposed appendix C1 
would be 9.5 hours. Therefore, the total duration to test non-soil-
sensing dishwashers according to the newly proposed appendix C2 would 
be 8.5 hours. Using the same labor rates as those used to estimate the 
testing costs for the updates proposed to appendix C1, DOE estimated 
that it would cost dishwasher manufacturers approximately $2,246 per 
soil-sensing dishwasher basic model and approximately $705 per non-
soil-sensing dishwasher basic model.\39\
---------------------------------------------------------------------------

    \39\ 27 hours testing time per soil-sensing unit x $41.58 per 
hour x 2 units per basic model = $2,245.32 (rounded to $2,245) and 
8.5 hours test time per non-soil-sensing unit x $41.58 per hour x 2 
units per basic model = $706.86 (rounded to $705)
---------------------------------------------------------------------------

    These costs would be for testing pursuant to newly proposed 
appendix C2, and as proposed, testing pursuant to new appendix C2 would 
only be required at such time as compliance is required with amended 
energy conservation standards for dishwashers, should such amendments 
be adopted. DOE will address the expected costs to industry if and when 
DOE establishes energy conservation standards for dishwashers.
    DOE requests comment on the potential impact to manufacturers from 
the updates proposed to the newly proposed appendix C2. Specifically, 
DOE requests comment on the per basic model test costs associated with 
testing soil-sensing and non-soil-sensing dishwashers.
2. Harmonization With Industry Standards
    DOE's established practice is to adopt industry test standards as 
DOE test procedures for covered products and equipment, unless such 
methodology would be unduly burdensome to conduct or would not produce 
test results that reflect the energy efficiency, energy use, water use 
(as specified in EPCA) or estimated operating costs of that equipment 
during a representative average use cycle. Section 8(c) of 10 CFR part 
430 subpart C appendix A. In cases where the industry standard does not 
meet EPCA statutory criteria for test procedures, DOE will make 
modifications through the rulemaking process to these standards as the 
DOE test procedure.
    The current test procedure for dishwashers at appendix C1 
references ANSI/AHAM DW-1-2010 in definitions and for testing 
conditions, and IEC 62301 Ed. 2.0 for test conditions, equipment, and 
standby mode power consumption measurement. The industry standards DOE 
proposes to reference via amendments described in this notice are 
discussed in further detail in Section III.B and Section IV.M of this 
document. DOE requests comments on the benefits and burdens

[[Page 72765]]

of the proposed updates and additions to industry standards referenced 
in the test procedure for dishwashers.
    DOE notes that certain of its proposed modifications would not 
require retesting and recertification of dishwasher basic models as 
compared to adopting AHAM DW-1-2020 and AHAM DW-2-2020 without 
modification, while maintaining the representativeness of the DOE test 
procedure. DOE is proposing to maintain the list of test load items 
currently in appendix C1 as an alternative to the test load items 
specified in AHAM DW-1-2020, so test laboratories that currently have 
the test load items are not required to purchase new items. The 
proposal to maintain the current detergent and dosage requirements as 
alternatives to the detergent and dosage requirements specified in AHAM 
DW-1-2020 would allow manufacturers to continue to rely on existing 
test data and would not require re-testing or re-certification of 
dishwashers on the market. Additionally, DOE is proposing to maintain 
the annual number of cycles and low-power mode hours currently 
specified in appendix C1 because these values can impact the EAEU, 
which provides the basis for the existing energy conservation 
standards. DOE proposes to adopt the annual number of cycles and low-
power mode hours from AHAM DW-1-2020 for the newly proposed appendix 
C2, which would be applicable upon the compliance date of any future 
amended energy conservation standards for dishwashers. DOE is also 
proposing to adopt the test procedure waiver provisions applicable to 
dishwashers for which water is supplied through a manually filled 
attached tank and for in-sink dishwashers without a main detergent 
compartment. AHAM DW-1-2020 does not have comparable provisions. The 
DOE proposal would eliminate the need of manufacturers of such products 
from having to seek waivers and thereby reduce compliance burden. These 
modifications would ensure, as required by EPCA, that the DOE test 
procedure is not unduly burdensome to conduct.
    Additionally, AHAM DW-1-2020 references the relevant sections of 
AHAM DW-2-2020 and IEC 62301 Ed. 2.0 for the requirements where 
appendix C1 currently references ANSI/AHAM DW-1-2010 and IEC 62301 Ed. 
2.0, respectively. Further, DOE's proposal to incorporate a methodology 
for measuring cleaning performance and including a consumer-
representative minimum cleaning performance threshold as a condition 
for a cycle to be valid is to be referenced from the relevant sections 
of AHAM DW-2-2020.

L. Compliance Date and Waivers

    EPCA prescribes that, if DOE amends a test procedure, all 
representations of energy efficiency and energy use, including those 
made on marketing materials and product labels, must be made in 
accordance with that amended test procedure, beginning 180 days after 
publication of such a test procedure final rule in the Federal 
Register. (42 U.S.C. 6293(c)(2))
    If DOE were to publish an amended test procedure, EPCA provides an 
allowance for individual manufacturers to petition DOE for an extension 
of the 180-day period if the manufacturer may experience undue hardship 
in meeting the deadline. (42 U.S.C. 6293(c)(3)) To receive such an 
extension, petitions must be filed with DOE no later than 60 days 
before the end of the 180-day period and must detail how the 
manufacturer will experience undue hardship. (Id.)
    Upon the compliance date of an amended test procedure, should DOE 
issue such an amendment, any waivers that had been previously issued 
and are in effect that pertain to issues addressed by the amended test 
procedure are terminated. 10 CFR 430.27(h)(3). Recipients of any such 
waivers would be required to test the products subject to the waiver 
according to the amended test procedure as of the compliance date of 
the amended test procedure. The amendments proposed in this NOPR 
pertain to issues addressed by waivers granted to Whirlpool, Case No. 
DW-011, Miele, Case No. DW-012, CNA, Case No. 2020-008, and FOTILE, 
Case No. 2020-020. 78 FR 65629, 82 FR 17227, 85 FR 79171, and 86 FR 
26712, respectively.

IV. Procedural Issues and Regulatory Review

A. Review Under Executive Order 12866

    The Office of Management and Budget (``OMB'') has determined that 
this test procedure does not constitute a ``significant regulatory 
action'' under Section 3(f) of Executive Order (``E.O.'') 12866, 
Regulatory Planning and Review, 58 FR 51735 (Oct. 4, 1993). 
Accordingly, this action was not subject to review under the Executive 
Order by the Office of Information and Regulatory Affairs (``OIRA'') in 
OMB.

B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
preparation of an initial regulatory flexibility analysis (``IRFA'') 
for any rule that by law must be proposed for public comment, unless 
the agency certifies that the rule, if promulgated, will not have a 
significant economic impact on a substantial number of small entities. 
As required by Executive Order 13272, ``Proper Consideration of Small 
Entities in Agency Rulemaking,'' 67 FR 53461 (Aug. 16, 2002), DOE 
published procedures and policies on February 19, 2003, to ensure that 
the potential impacts of its rules on small entities are properly 
considered during the DOE rulemaking process. 68 FR 7990. DOE has made 
its procedures and policies available on the Office of the General 
Counsel's website: www.energy.gov/gc/office-general-counsel.
    DOE reviewed this proposed rule under the provisions of the 
Regulatory Flexibility Act and the procedures and policies published on 
February 19, 2003. DOE certifies that the proposed rule, if adopted, 
would not have significant economic impact on a substantial number of 
small entities. The factual basis of this certification is set forth in 
the following paragraphs.
    Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures 
DOE must follow when prescribing or amending test procedures for 
covered products. EPCA requires that any test procedures prescribed or 
amended under this section be reasonably designed to produce test 
results which measure energy efficiency, energy use or estimated annual 
operating cost of a covered product during a representative average use 
cycle or period of use and not be unduly burdensome to conduct. (42 
U.S.C. 6293(b)(3))
    EPCA also requires that, at least once every 7 years, DOE evaluate 
test procedures for each type of covered product, including 
dishwashers, to determine whether amended test procedures would more 
accurately or fully comply with the requirements for the test 
procedures to not be unduly burdensome to conduct and be reasonably 
designed to produce test results that reflect energy efficiency, energy 
use, and estimated operating costs during a representative average use 
cycle or period of use. (42 U.S.C. 6293(b)(1)(A))
    In addition, EPCA requires that DOE amend its test procedures for 
all covered products to integrate measures of standby mode and off mode 
energy consumption. (42 U.S.C. 6295(gg)(2)(A)) Standby mode and off 
mode energy consumption must be incorporated into the overall energy 
efficiency, energy consumption, or other energy descriptor for each 
covered product unless the current test procedures already account

[[Page 72766]]

for and incorporate standby and off mode energy consumption or such 
integration is technically infeasible. If an integrated test procedure 
is technically infeasible, DOE must prescribe a separate standby mode 
and off mode energy use test procedure for the covered product, if 
technically feasible. (42 U.S.C. 6295(gg)(2)(A)(ii)) Any such amendment 
must consider the most current versions of the IEC Standard 62301 and 
IEC Standard 62087 as applicable. (42 U.S.C. 6295(gg)(2)(A))
    DOE is proposing amendments to the test procedure for dishwashers 
in satisfaction of its statutory obligations under EPCA.
    In this NOPR, DOE proposes to incorporate by reference into 10 CFR 
part 430 the new industry standard, AHAM DW-1-2020, and update the 
industry standard incorporated by reference in 10 CFR part 430 from 
ANSI/AHAM DW-1-2010 to AHAM DW-2-2020. Specifically, DOE proposes to:
    (1) Incorporate by reference AHAM DW-1-2020 into 10 CFR part 430 
and apply certain provisions of the industry standards to appendix C1, 
including the following:
    a. Add the water hardness specification in Section 2.11 of AHAM DW-
1-2020;
    b. Add the relative humidity specification in Section 2.5.1 of AHAM 
DW-1-2020 and the associated tolerance for the measurement instrument 
in Section 3.7 of AHAM DW-1-2020;
    c. Update the active mode ambient temperature as specified in 
Section 2.5.1 of AHAM DW-1-2020;
    d. Update the loading pattern requirement by applying the direction 
specified in Section 2.6 of AHAM DW-1-2020;
    e. Update the specifications for detergent usage consistent with 
Section 2.10 of AHAM DW-1-2020. This includes changing the type of 
detergent used, and the calculation of detergent dosage to be used for 
the pre-wash and main-wash cycles of dishwashers other than water re-
use system dishwashers;
    f. Add specific dishwasher door configuration requirements during 
standby mode testing, by incorporating the specifications in Section 
4.2 of AHAM DW-1-2020 and update the annual combined low-power mode 
hours based on cycle duration; and,
    g. Incorporate the requirements from AHAM DW-1-2020 for the test 
methods pertaining to two granted waivers for dishwashers with specific 
design features.
    (2) Establish new appendix C2, which would generally require 
testing as in appendix C1, with the following additional update:
    a. Updated number of annual cycles and low-power mode hours used 
for calculating the estimated annual energy use as specified in Section 
5 of AHAM DW-1-2020.
    For both, appendices C1 and C2, DOE additionally proposes to:
    (1) Specify provisions for scoring the test load and calculating a 
per-cycle cleaning index metric as specified in AHAM DW-2-2020 and 
establish a minimum cleaning index threshold of 65 as a condition for a 
test cycle to be valid.
    (2) Incorporate the test methods specified in a waiver for testing 
a basic model of dishwashers that does not hook up to a water supply 
line but has a manually filled, built-in water tank. Additionally, 
incorporate the test methods specified in a waiver for basic models of 
dishwashers that are installed in-sink (as opposed to built-in to the 
cabinetry or placed on countertops).
    The Small Business Administration (``SBA'') considers a business 
entity to be small business, if, together with its affiliates, it 
employs less than a threshold number of workers specified in 13 CFR 
part 121. DOE used SBA's small business size standards to determine 
whether any small entities would be subject to the requirements of the 
rule. These size standards and codes are established by the North 
American Industry Classification System (``NAICS'') and are available 
at www.sba.gov/document/support--table-size-standards. Dishwashers are 
classified under NAICS 335220, ``Major Household Appliance 
Manufacturing.'' The SBA sets a threshold of 1,500 employees or fewer 
for an entity to be considered as a small business for this category.
    DOE used DOE's Compliance Certification Database \40\ and 
California Energy Commission's Modernized Appliance Efficiency Database 
System (``MAEDbS'') \41\ to create a list of companies that sell 
dishwashers covered by this rulemaking in the United States. DOE 
consulted publicly available data to identify original equipment 
manufacturers (``OEMs''). DOE relied on public data and subscription-
based business information tools to determine company location, 
headcount, and annual revenue.
---------------------------------------------------------------------------

    \40\ www.regulations.doe.gov/certification-data. Last accessed 
April 22, 2021.
    \41\ cacertappliances.energy.ca.gov/Pages/Search/AdvancedSearch.aspx. Last accessed April 22, 2021.
---------------------------------------------------------------------------

    DOE identified 14 companies that are OEMs of dishwashers. In 
reviewing the 14 OEMs, DOE did not identify any domestic companies that 
met the SBA criteria for a small entity. Given the lack of small 
entities with a direct compliance burden, DOE concludes that the 
impacts of the proposed test procedure amendments outlined in this NOPR 
would not have a ``significant economic impact on a substantial number 
of small entities.'' DOE will transmit the certification and supporting 
statement of factual basis to the Chief Counsel for Advocacy of the 
Small Business Administration for review under 5 U.S.C. 605(b).
    DOE seeks comment on its findings that there are no small 
businesses that are OEMs of dishwashers in the United States. DOE also 
seeks comment on its conclusion that the proposed test procedure 
amendments would not have significant impacts on a substantial number 
of small manufacturers.

C. Review Under the Paperwork Reduction Act of 1995

    Manufacturers of dishwashers must certify to DOE that their 
products comply with any applicable energy conservation standards. To 
certify compliance, manufacturers must first obtain test data for their 
products according to the DOE test procedures, including any amendments 
adopted for those test procedures. DOE has established regulations for 
the certification and recordkeeping requirements for all covered 
consumer products and commercial equipment, including dishwashers. (See 
generally 10 CFR part 429.) The collection-of-information requirement 
for the certification and recordkeeping is subject to review and 
approval by OMB under the Paperwork Reduction Act (``PRA''). This 
requirement has been approved by OMB under OMB control number 1910-
1400. Public reporting burden for the certification is estimated to 
average 35 hours per response, including the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB Control Number.

D. Review Under the National Environmental Policy Act

    In this proposed rule, DOE proposes test procedure amendments that 
it expects will be used to develop and

[[Page 72767]]

implement future energy conservation standards for dishwashers. DOE has 
determined that this proposed rule falls into a class of actions that 
are categorically excluded from review under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and DOE's implementing 
regulations at 10 CFR part 1021. Specifically, DOE has determined that 
adopting test procedures for measuring energy efficiency of consumer 
products and industrial equipment is consistent with activities 
identified in 10 CFR part 1021, appendix A to subpart D, A5 and A6. 
Accordingly, neither an environmental assessment nor an environmental 
impact statement is required.

E. Review Under Executive Order 13132

    E.O. 13132, ``Federalism,'' 64 FR 43255 (Aug. 4, 1999) imposes 
certain requirements on agencies formulating and implementing policies 
or regulations that preempt State law or that have federalism 
implications. The E.O. requires agencies to examine the constitutional 
and statutory authority supporting any action that would limit the 
policymaking discretion of the States and to carefully assess the 
necessity for such actions. The E.O. also requires agencies to have an 
accountable process to ensure meaningful and timely input by State and 
local officials in the development of regulatory policies that have 
federalism implications. On March 14, 2000, DOE published a statement 
of policy describing the intergovernmental consultation process it will 
follow in the development of such regulations. 65 FR 13735. DOE has 
examined this proposed rule and has determined that it would not have a 
substantial direct effect on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government. EPCA 
governs and prescribes Federal preemption of State regulations as to 
energy conservation for the products that are the subject of this 
proposed rule. States can petition DOE for exemption from such 
preemption to the extent, and based on criteria, set forth in EPCA. (42 
U.S.C. 6297(d)) No further action is required by E.O. 13132.

F. Review Under Executive Order 12988

    Regarding the review of existing regulations and the promulgation 
of new regulations, Section 3(a) of E.O. 12988, ``Civil Justice 
Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal agencies the 
general duty to adhere to the following requirements: (1) Eliminate 
drafting errors and ambiguity, (2) write regulations to minimize 
litigation, (3) provide a clear legal standard for affected conduct 
rather than a general standard, and (4) promote simplification and 
burden reduction. Section 3(b) of E.O. 12988 specifically requires that 
Executive agencies make every reasonable effort to ensure that the 
regulation (1) clearly specifies the preemptive effect, if any, (2) 
clearly specifies any effect on existing Federal law or regulation, (3) 
provides a clear legal standard for affected conduct while promoting 
simplification and burden reduction, (4) specifies the retroactive 
effect, if any, (5) adequately defines key terms, and (6) addresses 
other important issues affecting clarity and general draftsmanship 
under any guidelines issued by the Attorney General. Section 3(c) of 
E.O. 12988 requires executive agencies to review regulations in light 
of applicable standards in Sections 3(a) and 3(b) to determine whether 
they are met, or it is unreasonable to meet one or more of them. DOE 
has completed the required review and determined that, to the extent 
permitted by law, the proposed rule meets the relevant standards of 
Executive Order 12988.

G. Review Under the Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA'') 
requires each Federal agency to assess the effects of Federal 
regulatory actions on State, local, and Tribal governments and the 
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531). 
For a proposed regulatory action likely to result in a rule that may 
cause the expenditure by State, local, and Tribal governments, in the 
aggregate, or by the private sector of $100 million or more in any one 
year (adjusted annually for inflation), Section 202 of UMRA requires a 
Federal agency to publish a written statement that estimates the 
resulting costs, benefits, and other effects on the national economy. 
(2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to 
develop an effective process to permit timely input by elected officers 
of State, local, and Tribal governments on a proposed ``significant 
intergovernmental mandate,'' and requires an agency plan for giving 
notice and opportunity for timely input to potentially affected small 
governments before establishing any requirements that might 
significantly or uniquely affect small governments. On March 18, 1997, 
DOE published a statement of policy on its process for 
intergovernmental consultation under UMRA. 62 FR 12820; also available 
at energy.gov/gc/office-general-counsel. DOE examined this proposed 
rule according to UMRA and its statement of policy and determined that 
the rule contains neither an intergovernmental mandate, nor a mandate 
that may result in the expenditure of $100 million or more in any year, 
so these requirements do not apply.

H. Review Under the Treasury and General Government Appropriations Act, 
1999

    Section 654 of the Treasury and General Government Appropriations 
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family 
Policymaking Assessment for any rule that may affect family well-being. 
This proposed rule would not have any impact on the autonomy or 
integrity of the family as an institution. Accordingly, DOE has 
concluded that it is not necessary to prepare a Family Policymaking 
Assessment.

I. Review Under Executive Order 12630

    DOE has determined, under E.O. 12630, ``Governmental Actions and 
Interference with Constitutionally Protected Property Rights'' 53 FR 
8859 (March 18, 1988), that this proposed regulation would not result 
in any takings that might require compensation under the Fifth 
Amendment to the U.S. Constitution.

J. Review Under Treasury and General Government Appropriations Act, 
2001

    Section 515 of the Treasury and General Government Appropriations 
Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most 
disseminations of information to the public under guidelines 
established by each agency pursuant to general guidelines issued by 
OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and 
DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). Pursuant 
to OMB Memorandum M-19-15, Improving Implementation of the Information 
Quality Act (April 24, 2019), DOE published updated guidelines which 
are available at www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf. DOE has 
reviewed this proposed rule under the OMB and DOE guidelines and has 
concluded that it is consistent with applicable policies in those 
guidelines.

K. Review Under Executive Order 13211

    Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 
(May 22, 2001), requires Federal agencies to

[[Page 72768]]

prepare and submit to OMB, a Statement of Energy Effects for any 
proposed significant energy action. A ``significant energy action'' is 
defined as any action by an agency that promulgated or is expected to 
lead to promulgation of a final rule, and that (1) is a significant 
regulatory action under E.O. 12866, or any successor order; and (2) is 
likely to have a significant adverse effect on the supply, 
distribution, or use of energy; or (3) is designated by the 
Administrator of OIRA as a significant energy action. For any proposed 
significant energy action, the agency must give a detailed statement of 
any adverse effects on energy supply, distribution, or use should the 
proposal be implemented, and of reasonable alternatives to the action 
and their expected benefits on energy supply, distribution, and use.
    The proposed regulatory action to amend the test procedure for 
measuring the energy efficiency of dishwashers is not a significant 
regulatory action under Executive Order 12866. Moreover, it would not 
have a significant adverse effect on the supply, distribution, or use 
of energy, nor has it been designated as a significant energy action by 
the Administrator of OIRA. Therefore, it is not a significant energy 
action, and, accordingly, DOE has not prepared a Statement of Energy 
Effects.

L. Review Under Section 32 of the Federal Energy Administration Act of 
1974

    Under Section 301 of the Department of Energy Organization Act 
(Pub. L. 95-91; 42 U.S.C. 7101), DOE must comply with Section 32 of the 
Federal Energy Administration Act of 1974, as amended by the Federal 
Energy Administration Authorization Act of 1977. (15 U.S.C. 788; 
``FEAA'') Section 32 essentially provides in relevant part that, where 
a proposed rule authorizes or requires use of commercial standards, the 
notice of proposed rulemaking must inform the public of the use and 
background of such standards. In addition, Section 32(c) requires DOE 
to consult with the Attorney General and the Chairman of the FTC 
concerning the impact of the commercial or industry standards on 
competition.
    The proposed modifications to the test procedure for dishwashers 
would incorporate testing methods contained in certain sections of the 
following commercial standards: AHAM DW-1-2020, AHAM DW-2-2020, and IEC 
62301 Ed. 2.0. DOE has evaluated these standards and is unable to 
conclude whether they fully comply with the requirements of Section 
32(b) of the FEAA (i.e., whether it was developed in a manner that 
fully provides for public participation, comment, and review.) DOE will 
consult with both the Attorney General and the Chairman of the FTC 
concerning the impact of these test procedures on competition, prior to 
prescribing a final rule.

M. Description of Materials Incorporated by Reference

    In this NOPR, DOE proposes to incorporate by reference into 10 CFR 
part 430 the test standard published by AHAM, titled ``Uniform Test 
Method for Measuring the Energy Consumption of Dishwashers,'' AHAM DW-
1-2020, and the test standard published by IEC, titled ``Household 
electrical appliances--Measurement of standby power,'' IEC 62301 Ed. 
2.0 for both, appendix C1 and the new appendix C2. Additionally, DOE 
proposes to update the industry standard incorporated by reference in 
10 CFR part 430 from ANSI/AHAM DW-1-2010 to AHAM DW-2-2020.
    AHAM DW-1-2020 is a voluntary industry-accepted test procedure that 
measures the energy and water consumption of household electric 
dishwashers. The test procedure amendments proposed in this NOPR 
generally reference AHAM DW-1-2020 including provisions to address: 
Water hardness, relative humidity, ambient temperature, test load 
items, loading pattern, detergent, standby power measurement, 
dishwashers with 208 V power source, and water re-use system 
dishwashers. Additionally, this NOPR proposes to incorporate by 
reference AHAM DW-1-2020 in its entirety in the new appendix C2. In 
addition to the updates proposed to appendix C1, the new appendix C2 
would include updated requirements for the annual number of cycles and 
calculation of low-power mode energy consumption.
    DOE also proposes to incorporate by reference into 10 CFR part 430 
AHAM DW-2-2020, ``Household Electric Dishwashers,'' which is a standard 
to determine the cleaning performance of dishwashers. For some of the 
provisions that DOE is proposing to reference from AHAM DW-1-2020, the 
standard references AHAM DW-2-2020; these include certain definitions 
and requirements for test cycle and load, soils, and detergent. 
Additionally, DOE's proposed requirements for evaluating cleaning 
performance in appendix C1 and the new appendix C2 would also be 
referenced from the relevant sections of AHAM DW-2-2020.
    DOE also proposes to apply specified provisions of the IEC 
Standard, IEC 62301 Ed. 2.0, to the new appendix C2. IEC 62301 Ed. 2.0, 
already incorporated by reference into 10 CFR part 430 for application 
to appendix C1, is an international standard that specifies methods of 
measurement of electrical power consumption of household appliances in 
standby mode(s) and other low power modes, as applicable. The proposed 
new appendix C2 would include references to IEC 62301 Ed. 2.0 for the 
measurement of dishwasher standby power consumption.
    Copies of AHAM DW-1-2020 and AHAM DW-2-2020 may be purchased from 
AHAM at 1111 19th Street NW, Suite 402, Washington, DC 20036; or by 
going to AHAM's online store at www.aham.org/AHAM/AuxStore.
    Copies of IEC 62301 Ed. 2.0 can be obtained from--3, rue de 
Varemb[eacute], P.O. Box 131, CH--1211 Geneva 20--Switzerland, or by 
visiting www.iec.ch. Copies of the IEC standards are also available at 
American National Standards Institute, 25 W 43rd Street, 4th Floor, New 
York, NY 10036, (212) 642-4936, or by visiting webstore.ansi.org.

V. Public Participation

A. Participation in the Webinar

    The time and date of the webinar are listed in the DATES section at 
the beginning of this document. If no participants register for the 
webinar, it will be cancelled. Webinar registration information, 
participant instructions, and information about the capabilities 
available to webinar participants will be published on DOE's website: 
www1.eere.energy.gov/buildings/appliance_standards/standards.aspx?productid=38&action=viewlive. Participants are 
responsible for ensuring their systems are compatible with the webinar 
software.

B. Procedure for Submitting Prepared General Statements for 
Distribution

    Any person who has an interest in the topics addressed in this 
proposed rulemaking, or who is representative of a group or class of 
persons that has an interest in these issues, may request an 
opportunity to make an oral presentation at the webinar. Such persons 
may submit requests to speak by email to: 
[email protected]. Persons who wish to speak 
should include with their request a computer file in WordPerfect, 
Microsoft Word, PDF, or text (ASCII) file format the briefly describes 
the nature of their interest in this rulemaking and the topics they 
wish to discuss. Such persons should also provide a daytime telephone 
number where they can be reached.

[[Page 72769]]

    Persons requesting to speak should briefly describe the nature of 
their interest in this rulemaking and provide a telephone number for 
contact. DOE requests persons selected to make an oral presentation to 
submit an advance copy of their statements at least two weeks before 
the webinar. At its discretion, DOE may permit persons who cannot 
supply an advance copy of their statement to participate, if those 
persons have made advance alternative arrangements with the Building 
Technologies Office. As necessary, requests to give an oral 
presentation should ask for such alternative arrangements.

C. Conduct of the Webinar

    DOE will designate a DOE official to preside at the webinar and may 
also use a professional facilitator to aid discussion. The meeting will 
not be a judicial or evidentiary-type public hearing, but DOE will 
conduct it in accordance with Section 336 of EPCA (42 U.S.C. 6306). A 
court reporter will be present to record the proceedings and prepare a 
transcript. DOE reserves the right to schedule the order of 
presentations and to establish the procedures governing the conduct of 
the webinar. There shall not be discussion of proprietary information, 
costs or prices, market share, or other commercial matters regulated by 
U.S. anti-trust laws. After the webinar and until the end of the 
comment period, interested parties may submit further comments on the 
proceedings and any aspect of the rulemaking.
    The webinar will be conducted in an informal, conference style. DOE 
will present summaries of comments received before the webinar, allow 
time for prepared general statements by participants, and encourage all 
interested parties to share their views on issues affecting this 
rulemaking. Each participant will be allowed to make a general 
statement (within time limits determined by DOE), before the discussion 
of specific topics. DOE will allow, as time permits, other participants 
to comment briefly on any general statements.
    At the end of all prepared statements on a topic, DOE will permit 
participants to clarify their statements briefly and comment on 
statements made by others. Participants should be prepared to answer 
questions by DOE and by other participants concerning these issues. DOE 
representatives may also ask questions of participants concerning other 
matters relevant to this rulemaking. The official conducting the 
webinar will accept additional comments or questions from those 
attending, as time permits. The presiding official will announce any 
further procedural rules or modification of the above procedures that 
may be needed for the proper conduct of the webinar.
    A transcript of the webinar will be included in the docket, which 
can be viewed as described in the Docket section at the beginning of 
this document and will be accessible on the DOE website. In addition, 
any person may buy a copy of the transcript from the transcribing 
reporter.

D. Submission of Comments

    DOE will accept comments, data, and information regarding this 
proposed rule no later than the date provided in the DATES section at 
the beginning of this proposed rule.\42\ Interested parties may submit 
comments using any of the methods described in the ADDRESSES section at 
the beginning of this NOPR.
---------------------------------------------------------------------------

    \42\ DOE has historically provided a 75-day comment period for 
test procedure NOPRs pursuant to the North American Free Trade 
Agreement, U.S.-Canada-Mexico (``NAFTA''), Dec. 17, 1992, 32 I.L.M. 
289 (1993); the North American Free Trade Agreement Implementation 
Act, Public Law 103-182, 107 Stat. 2057 (1993) (codified as amended 
at 10 U.S.C.A. 2576) (1993) (``NAFTA Implementation Act''); and 
Executive Order 12889, ``Implementation of the North American Free 
Trade Agreement,'' 58 FR 69681 (Dec. 30, 1993). However, on July 1, 
2020, the Agreement between the United States of America, the United 
Mexican States, and the United Canadian States (``USMCA''), Nov. 30, 
2018, 134 Stat. 11 (i.e., the successor to NAFTA), went into effect, 
and Congress's action in replacing NAFTA through the USMCA 
Implementation Act, 19 U.S.C. 4501 et seq. (2020), implies the 
repeal of E.O. 12889 and its 75-day comment period requirement for 
technical regulations. Thus, the controlling laws are EPCA and the 
USMCA Implementation Act. Consistent with EPCA's public comment 
period requirements for consumer products, the USMCA only requires a 
minimum comment period of 60 days. Consequently, DOE now provides a 
60-day public comment period for test procedure NOPRs.
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    Submitting comments via www.regulations.gov. The 
www.regulations.gov web page will require you to provide your name and 
contact information. Your contact information will be viewable to DOE 
Building Technologies 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 www.regulations.gov information for which 
disclosure is restricted by statute, such as trade secrets and 
commercial or financial information (hereinafter referred to as 
Confidential Business Information (``CBI'')). Comments submitted 
through www.regulations.gov cannot be claimed as CBI. Comments received 
through the website will waive any CBI claims for the information 
submitted. For information on submitting CBI, see the Confidential 
Business Information section.
    DOE processes submissions made through www.regulations.gov before 
posting. Normally, comments will be posted within a few days of being 
submitted. However, if large volumes of comments are being processed 
simultaneously, your comment may not be viewable for up to several 
weeks. Please keep the comment tracking number that www.regulations.gov 
provides after you have successfully uploaded your comment.
    Submitting comments via email. Comments and documents submitted via 
email will be posted to www.regulations.gov. If you do not want your 
personal contact information to be publicly viewable, do not include it 
in your comment or any accompanying documents. Instead, provide your 
contact information on a cover letter. Include your first and last 
names, email address, telephone number, and optional mailing address. 
Following these instructions, 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. 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

[[Page 72770]]

500 form letters per PDF or as one form letter with a list of 
supporters' names compiled into one or more PDFs. This reduces comment 
processing and posting time.
    Confidential Business Information. Pursuant to 10 CFR 1004.11, any 
person submitting information that they believe 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).

E. Issues on Which DOE Seeks Comment

    Although DOE welcomes comments on any aspect of this proposal, DOE 
is particularly interested in receiving comments and views of 
interested parties concerning the following issues:

    (1) DOE requests comment on its proposal to incorporate by 
reference into 10 CFR part 430 the most recent version of the 
industry standard for dishwasher energy and water use measurement, 
AHAM DW-1-2020, as well as the industry performance standard, AHAM 
DW-2-2020, both with modifications. DOE seeks comment on its 
preliminary conclusion that the proposed modifications to the 
industry standards are necessary so that the DOE test method 
satisfies the requirements of EPCA.
    (2) DOE requests comment on its proposal to require use of the 
water hardness requirements from Section 2.11 of AHAM DW-1-2020.
    (3) DOE requests comment on its proposal to reference AHAM DW-1-
2020 for the relative humidity and associated instrumentation 
requirements, which specifies a relative humidity test condition of 
35 percent 15 percent, and a resolution of at least 1 
percent relative humidity and an accuracy of at least 6 
percent relative humidity over the temperature range of 75 [deg]F 
5 [deg]F for the relative humidity measuring device. To 
the extent that stakeholder have additional information, DOE 
requests data regarding the impact of relative humidity on 
dishwasher energy and water usage.
    (4) DOE requests input on its proposal to specify a target 
nominal ambient temperature of 75 [deg]F for active mode testing, as 
referenced from AHAM DW-1-2020.
    (5) DOE requests comment on its proposal to reference in 
appendix C1 and the new appendix C2 the testing provisions from AHAM 
DW-1-2020 to address the Miele waiver for dishwashers that operate 
at 208-volts.
    (6) DOE requests comment on its proposal to incorporate the 
requirements of the CNA waiver for any dishwasher with a built-in 
reservoir. In particular, DOE requests stakeholder feedback on using 
the detergent dosage requirement based on number of place settings 
rather than main wash water volume in the new appendix C2, for 
dishwashers with built-in reservoirs.
    (7) DOE requests comment on its proposal to incorporate into 
appendix C1 and the new appendix C2 the installation requirements 
for in-sink dishwashers from the FOTILE waiver.
    (8) DOE requests comment on its proposal that the detergent must 
be placed directly into the dishwasher chamber for any dishwasher 
that does not have a prewash or main wash detergent compartment.
    (9) DOE requests input on its proposal to update the estimated 
number of annual cycles from 215 to 184 cycles per year for future 
calculations of EAEU. DOE also requests comment on its approach to 
propose a new appendix C2 with the updated annual number of cycles, 
the use of which would be required for compliance with any amended 
energy conservation standards.
    (10) DOE requests comment on specifying that the test load items 
be as specified in AHAM DW-1-2020 (which references Section 3.4 of 
AHAM DW-2-2020), while additionally retaining, as an alternative, 
the current test load specifications in appendix C1 and the new 
appendix C2.
    (11) DOE continues to request feedback and data regarding 
soiling level and whether there have been changes to consumers' pre-
rinsing behavior. DOE also seeks information regarding the impact of 
different soil levels on energy and water use in dishwashers 
currently on the market.
    (12) DOE requests comment on its proposal to remove the soil 
substitution and soil preparation requirements from Sections 2.7.4 
and 2.7.5 of appendix C1 and apply these same requirements from AHAM 
DW-1-2020 instead. DOE particularly requests data and information on 
how the proposed soil composition would affect energy and water use 
in current dishwashers.
    (13) DOE requests input on its proposal to use the loading 
requirements specified in Section 2.6.3.4 of AHAM DW-1-2020.
    (14) DOE requests comment on its proposal to adopt in appendix 
C1 the new detergent and new dosage requirements as specified in 
AHAM DW-1-2020, while also retaining the current detergent and 
dosage requirements in appendix C1. The use of either set of 
detergent requirements would be allowable for testing under appendix 
C1. DOE also requests comment on the detergent currently being used 
by manufacturers and test laboratories for testing and certification 
of dishwashers.
    (15) DOE also welcomes comments and data on the impact of the 
new detergent and dosage on energy and water use.
    (16) DOE requests comment on its proposal to reference in 
appendix C1 and the new appendix C2 the testing provisions from AHAM 
DW-1-2020 to address the Whirlpool waiver for water re-use system 
dishwashers.
    (17) DOE requests feedback on the proposed methodology to test, 
score, and calculate a cleaning index to validate the tested cycle 
and seeks comment if other methodologies should be considered for 
validating the cleaning performance of the tested cycle.
    (18) DOE requests feedback on whether it should consider 
referencing Section 5.12.3.1 of AHAM DW-2-2020 to measure cleaning 
performance, which would calculate the cleaning index based on soil 
particles only. DOE notes that if it were to calculate cleaning 
index using soil particles only, it would reevaluate the per-cycle 
cleaning index threshold value to reflect this change.
    (19) DOE requests feedback on the proposed cleaning index 
threshold value of 65 for each test cycle or whether it should 
consider a threshold value of 70 instead.
    (20) DOE requests additional data on consumer dishwasher cycle 
selections. In particular, DOE requests data indicating the 
frequency with which consumers select the normal cycle; and, for 
cycles not conducted on the normal cycle, the frequency with which a 
more energy-intensive cycle is selected.
    (21) DOE also requests additional data on how frequently 
consumers are dissatisfied with the cleaning performance of the 
normal cycle as well as the actions, and the frequency of each 
action, that consumers would take if the load is not satisfactorily 
clean.
    (22) DOE requests feedback on its proposed approach to ensure 
that the test procedure produces test results which measure energy 
use and water use during a representative average use cycle.
    (23) DOE requests comment on its proposal that, if a test cycle 
at a particular soil level is re-tested using the most energy-
intensive cycle, the filter should be cleaned prior to testing the 
soil level at the most energy-intensive cycle.
    (24) DOE requests feedback on its proposal to require testing 
non-soil-sensing dishwashers using a soiled load for the purpose of 
being able to evaluate the cleaning index of each tested cycle.
    (25) DOE requests comment on its proposed approach for non-soil-
sensing dishwashers; particularly that if a tested soil load meets 
the defined threshold criteria when tested on the normal cycle, no 
additional testing is required of cycles with lesser soil loads.
    (26) DOE requests comment and data on the test cycles currently 
selected by manufacturers for rating the energy and water use of 
dishwashers compared to the test cycles that would be selected under 
the proposed cleaning index threshold of 65 as a condition for a 
valid test cycle. In particular, DOE requests data on the extent to 
which manufacturers would need to test a more-energy intensive 
cycle, or redefine the normal cycle, to meet the proposed cleaning 
index threshold of 65.
    (27) DOE requests information on other potential methods to 
validate that the

[[Page 72771]]

measured energy and water consumption of dishwashers is 
representative of consumer use, such as the example approaches of 
applying an ``adder'' or multiplicative factor to the energy and 
water consumption values for any test cycles that do not achieve the 
defined cleaning index threshold. If stakeholders recommend such an 
approach, DOE requests data and information that could be used to 
determine this factor.
    (28) DOE requests comment and related supporting data on whether 
this proposal would result in an altered measured energy use for 
dishwashers that are currently minimally-compliant with the existing 
energy conservation standards for dishwashers.
    (29) DOE requests comment on whether the soil loads proposed for 
compact dishwashers that have a capacity of less than four place 
settings is appropriate. If stakeholders recommend different 
quantity of soils for such dishwashers, DOE requests feedback on the 
soil level that should be used for such small capacity dishwashers.
    (30) DOE requests feedback on its proposed methodology for 
determining the most energy-intensive cycle. DOE also requests 
feedback on whether it should consider determination of the most 
energy-intensive cycle for sensor response test cycle using the 
respective soil load.
    (31) DOE requests feedback on its proposal to require cleaning 
of the dishwasher filter prior to running the clean load test to 
determine the most energy-intensive test cycle.
    (32) DOE requests input on its proposal to apply the standby 
mode and off mode test requirements from Section 4.2 of AHAM DW-1-
2020 to appendix C1 and proposed new appendix C2.
    (33) DOE requests comment on its proposal to use the updated 
combined low-power annual hours, specified in Section 5.7 of AHAM 
DW-1-2020, for the calculation of annual combined low-power mode 
energy consumption in the proposed new appendix C2.
    (34) DOE requests feedback on connected dishwashers currently on 
the market. Specifically, DOE requests input on the types of 
features or functionality enabled by connected dishwashers that 
exist on the market or that are under development.
    (35) DOE requests data on the percentage of users purchasing 
connected dishwashers, and, for those users, the percentage of the 
time when the connected functionality of the dishwashers is used.
    (36) DOE requests data on the amount of additional or reduced 
energy use of connected dishwashers.
    (37) DOE requests data on the pattern of additional or reduced 
energy use of connected dishwashers; for example, whether it is 
constant, periodic, or triggered by the user.
    (38) DOE requests information on any existing testing protocols 
that account for connected features of dishwashers, as well as any 
testing protocols that may be under development within the industry.
    (39) DOE requests comment on the proposal to update the standard 
size dishwasher, compact size dishwasher, and standard size 
dishwasher with a ``normal'' cycle time of 60 minutes or less 
descriptions at 10 CFR 430.32(f)(1)(i)-(iii). DOE also requests 
comment on the proposal to explicitly provide the method for 
determining cycle duration in appendices C1 and C2.
    (40) DOE requests comment on its initial determination as to the 
impacts from the proposed amendments to appendix C1 related to the 
rated energy and water use of currently certified dishwashers. DOE 
also requests comment on the potential impact to manufacturers from 
the updates proposed to appendix C1. Finally, DOE requests comment 
on its estimated costs for testing soil-sensing and non-soil-sensing 
dishwashers according to the proposed appendix C1.
    (41) DOE requests comment on the potential impact to 
manufacturers from the updates proposed to the newly proposed 
appendix C2. Specifically, DOE requests comment on the per basic 
model test costs associated with testing soil-sensing and non-soil-
sensing dishwashers.
    (42) DOE seeks comment on its findings that there are no small 
businesses that are OEMs of dishwashers in the United States. DOE 
also seeks comment on its conclusion that the proposed test 
procedure amendments would not have significant impacts on a 
substantial number of small manufacturers.

VI. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this notice of 
proposed rulemaking and request for comment.

List of Subjects in 10 CFR Part 430

    Administrative practice and procedure, Confidential business 
information, Energy conservation, Household appliances, Imports, 
Incorporation by reference, Intergovernmental relations, Small 
businesses.

Signing Authority

    This document of the Department of Energy was signed on December 3, 
2021, by Kelly J. Speakes-Backman, 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 December 8, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.

    For the reasons stated in the preamble, DOE is proposing to amend 
part 430 of Chapter II of Title 10, Code of Federal Regulations 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.

0
2. Amend Sec.  430.3 by:
0
a. Redesignating paragraphs (i)(2) through (6) as (i)(3) through (7);
0
b. Adding a new paragraph (i)(2); and
0
c. Revising newly redesignated paragraphs (i)(3); and
0
d. Revising paragraph (o)(6).
    The addition and revisions read as follows:


Sec.  430.3   Materials incorporated by reference.

* * * * *
    (i) * * *
    (2) ANSI/AHAM DW-1-2020 (``AHAM DW-1-2020''), Uniform Test Method 
for Measuring the Energy Consumption of Dishwashers, (approved October 
2020), IBR approved for Sec.  430.32 and appendices C1 and C2 to 
subpart B.
    (3) AHAM DW-2-2020, Household Electric Dishwashers, (approved 
2020), IBR approved for appendices C1 and C2 to subpart B.
* * * * *
    (o) * * *
    (6) IEC 62301 (``IEC 62301''), Household electrical appliances--
Measurement of standby power, (Edition 2.0, 2011-01), IBR approved for 
appendices C1, C2, D1, D2, F, G, H, I, J2, N, O, P, Q, X, X1, Y, Z, BB, 
and CC to subpart B.
* * * * *
0
3. Section 430.23 is amended by revising paragraph (c) to read as 
follows:


Sec.  430.23  Test procedures for the measurement of energy and water 
consumption.

* * * * *
    (c) Dishwashers. (1) The Estimated Annual Operating Cost (EAOC) for 
dishwashers must be rounded to the nearest dollar per year and is 
defined as follows:
    (i) When cold water (50 [deg]F) is used,


[[Page 72772]]


EAOC = (De x ETLP) + (De x N x (M + MWS + MDO + MCO + EF - (ED/2))).

Where,

De = the representative average unit cost of electrical 
energy, in dollars per kilowatt-hour, as provided by the Secretary,
ETLP = the annual combined low-power mode energy 
consumption in kilowatt-hours per year and determined according to 
section 5 of appendix C1 or appendix C2 to this subpart, as 
applicable,
N = the representative average dishwasher use of 215 cycles per year 
when EAOC is determined pursuant to appendix C1 to this subpart, and 
184 cycles per year when EAOC is determined pursuant to appendix C2 
to this subpart,
M = the machine energy consumption per cycle, in kilowatt-hours and 
determined according to section 5 of appendix C1 or appendix C2 to 
this subpart, as applicable,
MWS = the machine energy consumption per cycle for water 
softener regeneration, in kilowatt-hours and determined pursuant to 
section 5 of appendix C1 or appendix C2 to this subpart, as 
applicable,
MDO = for water re-use system dishwashers, the machine 
energy consumption per cycle during a drain out event in kilowatt-
hours and determined according to section 5 of appendix C1 or 
appendix C2 to this subpart, as applicable,
MCO = for water re-use system dishwashers, the machine 
energy consumption per cycle during a clean out event, in kilowatt-
hours and determined according to section 5 of appendix C1 or 
appendix C2 to this subpart, as applicable,
EF = the fan-only mode energy consumption per cycle, in 
kilowatt-hours and determined according to section 5 of appendix C1 
or appendix C2 to this subpart, as applicable, and
ED = the drying energy consumption, in kilowatt-hours and 
determined according to section 5 of appendix C1 or appendix C2 to 
this subpart, as applicable.

    (ii) When electrically-heated water (120 [deg]F or 140 [deg]F) is 
used,

EAOC = (De x ETLP) + (De x N x (M + 
MWS + MDO + MCO + EF-
(ED/2))) + (De x N x (W + WWS + 
WDO + WCO)).

Where,

De, ETLP, N, M, MWS, 
MDO, MCO, EF, and ED, 
are defined in paragraph (c)(1)(i) of this section,
W = the water energy consumption per cycle, in kilowatt-hours and 
determined according to section 5 of appendix C1 or appendix C2 to 
this subpart, as applicable,
Wws = the water softener regeneration water energy 
consumption per cycle in kilowatt-hours and determined according to 
section 5 of appendix C1 or appendix C2 to this subpart, as 
applicable,
WDO = The drain out event water energy consumption per 
cycle in kilowatt-hours and determined according to section 5 of 
appendix C1 or appendix C2 to this subpart, as applicable, and
WCO = The clean out event water energy consumption per 
cycle in kilowatt-hours and determined according to section 5 of 
appendix C1 or appendix C2 to this subpart, as applicable.

    (iii) When gas-heated or oil-heated water is used,

EAOCg = (De x ETLP) + (De x 
N x (M + MWS + MDO + MCO + 
EF-(ED/2))) + (Dg x N x (Wg 
+ WWSg + WDOg + WCOg)).

Where,

De, ETLP, N, M, MWS, 
MDO, MCO, EF, and ED, 
are defined in paragraph (c)(1)(i) of this section,
Dg = the representative average unit cost of gas or oil, 
as appropriate, in dollars per BTU, as provided by the Secretary,
Wg = the water energy consumption per cycle, in Btus and 
determined according to section 5 of appendix C1 or appendix C2 to 
this subpart, as applicable.
WWSg = the water softener regeneration energy consumption 
per cycle in Btu per cycle and determined according to section 5 of 
appendix C1 or appendix C2 to this subpart, as applicable,
WDOg = the drain out water energy consumption per cycle 
in kilowatt-hours and determined according to section 5 of appendix 
C1 or appendix C2 to this subpart, as applicable, and
WCOg = the clean out water energy consumption per cycle 
in kilowatt-hours and determined according to section 5 of appendix 
C1 or appendix C2 to this subpart, as applicable.

    (2) The estimated annual energy use, EAEU, expressed in kilowatt-
hours per year must be rounded to the nearest kilowatt-hour per year 
and is defined as follows:

EAEU = (M + MWS + MDO + MCO + 
EF-(ED/2) + W + WWS + WDO + 
WCO) x N + ETLP

Where,
M, MWS, MDO, MCO, EF, 
ED, ETLP are all defined in paragraph 
(c)(1)(i) and W, WWS, WDO, WCO are 
defined in paragraph (c)(1)(ii) of this section.

    (3) The sum of the water consumption, V, the water consumption 
during water softener regeneration, VWS, the water 
consumption during drain out events for dishwashers equipped with a 
water re-use system, VDO, and the water consumption during 
clean out events for dishwashers equipped with a water re-use system, 
VCO, expressed in gallons per cycle and defined pursuant to 
section 5 of appendix C1 or appendix C2 to this subpart, as applicable, 
must be rounded to one decimal place.
    (4) Other useful measures of energy consumption for dishwashers are 
those which the Secretary determines are likely to assist consumers in 
making purchasing decisions and which are derived from the application 
of appendix C1 to this subpart or appendix C2 to this subpart, as 
applicable.
* * * * *
0
4. Appendix C1 to subpart B of part 430 is revised 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 (published on [Date of Publication of the final rule]) to 
determine compliance with the relevant standard from Sec.  
430.32(f)(1) as it appeared in the January 1, 2021 edition of 10 CFR 
parts 200-499. For any amended standards for dishwashers published 
after January 1, 2021, manufacturers must use the results of testing 
under appendix C2 to determine compliance. Representations related 
to energy or water consumption must be made in accordance with the 
appropriate appendix that applies (i.e., appendix C1 or appendix C2) 
when determining compliance with the relevant standard. 
Manufacturers may also use appendix C2 to certify compliance with 
any amended standards prior to the applicable compliance date for 
those standards.

0. Incorporation by Reference

    DOE incorporated by reference in Sec.  430.3, AHAM DW-1-2020, 
AHAM DW-2-2020, and IEC 62301 in their entirety. The following 
enumerated provisions of AHAM DW-1-2020, AHAM DW-2-2020, and IEC 
62301 are applicable to this appendix, as follows:

(1) AHAM DW-1-2020: Uniform Test Method for Measuring the Energy 
Consumption of Dishwashers

    (i) Sections 1.1 through 1.30 as referenced in section 1 of this 
appendix;
    (ii) Section 2.1 as referenced in sections 2 and 2.1 of this 
appendix;
    (iii) Sections 2.2 through 2.3.3, sections 2.5 and 2.7, sections 
2.7.2 through 2.8, and section 2.11, as referenced in section 2 of 
this appendix;
    (iv) Section 2.4 as referenced in sections 2 and 2.2 of this 
appendix;
    (v) Section 2.6.3 as referenced in sections 2 and 2.3 of this 
appendix;
    (vi) Section 2.7.1 as referenced in sections 2 and 2.4 of this 
appendix;
    (vii) Section 2.9 as referenced in sections 2 and 2.5 of this 
appendix;
    (viii) Section 2.10 as referenced in sections 2 and 2.6 of this 
appendix;
    (ix) Sections 3.1 through 3.2 and sections 3.5 through 3.7 as 
referenced in section 3 of this appendix;
    (x) Section 3.3 as referenced in sections 3 and 3.1 of this 
appendix;
    (xi) Section 3.4 as referenced in sections 3 and 3.2 of this 
appendix;
    (xii) Sections 4.1 as referenced in sections 4 and 4.1 of this 
appendix;
    (xiii) Section 4.1.4 as referenced in sections 4 and 4.1.2 of 
this appendix; and
    (xiv) Section 5 as referenced in section 5 of this appendix.

[[Page 72773]]

(2) AHAM DW-2-2020: Household Electric Dishwashers

    (i) Section 5.10 as referenced in sections 2 and 2.8 of this 
appendix;
    (ii) Sections 5.10.1 as referenced in sections 4 and 4.2 of this 
appendix; and
    (iii) Section 5.12.3.2 as referenced in sections 5 and 5.1 of 
this appendix.

(3) IEC 62301: Household Electrical Appliances--Measurement of Standby 
Power

    (i) Sections 4.2, 4.3.2, and 5.2 as referenced in section 2 of 
this appendix; and
    (ii) Sections 5.1, note 1, and 5.3.2 as referenced in section 4 
of this appendix.

1. Definitions

    The definitions in Section 1.1 through 1.30 of AHAM DW-1-2020 
apply to this test procedure, including the applicable provisions of 
AHAM DW-2-2020 as referenced in Sections 1.5, 1.18, 1.19. 1.20, and 
1.22 of AHAM DW-1-2020.

2. Testing Conditions

    The testing conditions in Sections 2.1 through 2.11 of AHAM DW-
1-2020, except Sections 2.6.1 and 2.6.2, and the testing conditions 
in Section 5.10 of AHAM DW-2-2020 apply to this test procedure, 
including the following provisions of:
    (1) Sections 4.2, 4.3.2, and 5.2 of IEC 62301 as referenced in 
Sections 2.1, 2.2.4, and 2.5.2 of AHAM DW-1-2020, respectively, and
    (2) Sections 5.3 through 5.8 of AHAM DW-2-2020 as referenced in 
Sections 2.6.3.1, 2.6.3.2, and 2.6.3.3; section 3.4 of AHAM DW-2-
2020, excluding the accompanying Note, as referenced in Section 
2.7.1 of AHAM DW-1-2020; Section 5.4 of AHAM DW-2-2020 as referenced 
in Section 2.7.4 of AHAM DW-1-2020; Section 5.5 of AHAM DW-2-2020 as 
referenced in Section 2.7.5 of AHAM DW-1-2020, and Section 4.1 of 
AHAM DW-2-2020 as referenced in Section 2.10.1 of AHAM DW-1-2020. 
Additionally, the following requirements are also applicable.
    2.1 Installation Requirements.
    The installation requirements described in Section 2.1 of AHAM 
DW-1-2020 are applicable to all dishwashers, with the following 
additions:
    2.1.1 In-Sink Dishwashers.
    For in-sink dishwashers, the requirements pertaining to the 
rectangular enclosure for under-counter or under-sink dishwashers 
are not applicable. For such dishwashers, the rectangular enclosure 
must consist of a front, a back, two sides, and a bottom. The front, 
back, and sides of the enclosure must be brought into the closest 
contact with the appliance that the configuration of the dishwasher 
will allow. The height of the enclosure shall be as specified in the 
manufacturer's instructions for installation height. If no 
instructions are provided, the enclosure height shall be 36 inches. 
The dishwasher must be installed from the top and mounted to the 
edges of the enclosure.
    2.1.2 Dishwashers without a Direct Water Line.
    Manually fill the built-in water reservoir to the full capacity 
reported by the manufacturer, using water at a temperature in 
accordance with Section 2.3 of AHAM DW-1-2020.
    2.2 Water pressure.
    The water pressure requirements described in Section 2.4 of AHAM 
DW-1-2020 are applicable to all dishwashers except dishwashers that 
do not have a direct water line.
    2.3 Non-soil-sensing and soil-sensing dishwashers to be tested 
at a nominal inlet temperature of 50 [deg]F, 120 [deg]F, or 140 
[deg]F.
    The test load and soiling requirements for all non-soil-sensing 
and soil-sensing dishwashers shall be the same as those requirements 
specified in Section 2.6.3 of AHAM DW-1-2020 for soil-sensing 
dishwashers. Additionally, both non-soil-sensing and soil-sensing 
compact dishwashers that have a capacity of less than four place 
settings shall be tested at the rated capacity of the dishwasher and 
the test load shall be soiled as follows at each soil load:
    a. Heavy soil load: Soil two-thirds of the place settings, 
excluding flatware and serving pieces (rounded up to the nearest 
integer) or one place setting, whichever is greater;
    b. Medium soil load: Soil one-quarter of the place settings, 
excluding flatware and serving pieces (rounded up to the nearest 
integer) or one place setting, whichever is smaller;
    c. Light soil load: Soil one-quarter of the place settings, 
excluding flatware and serving pieces (rounded up to the nearest 
integer) or one place setting, whichever is smaller, using half the 
quantity of soils specified for one place setting.
    2.4 Test load items.
    The test load items described in Section 2.7.1 of AHAM DW-1-2020 
apply to this test procedure, including the applicable provisions of 
AHAM DW-2-2020, as referenced in Section 2.7.1 of AHAM DW-1-2020. 
The following test load items may be used in the alternative.

--------------------------------------------------------------------------------------------------------------------------------------------------------
  Dishware/glassware/  flatware
               item                   Primary source          Description        Primary  No.      Alternate source          Alternate source No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dinner Plate.....................  Corning               10 inch Dinner Plate  6003893
                                    Comcor[supreg]/
                                    Corelle[supreg].
Bread and Butter Plate...........  Corning               6.75 inch Bread &     6003887           Arzberg............  8500217100 or 2000-00001-0217-1.
                                    Comcor[supreg]/       Butter.
                                    Corelle[supreg].
Fruit Bowl.......................  Corning               10 oz. Dessert Bowl.  6003899           Arzberg............  3820513100.
                                    Comcor[supreg]/
                                    Corelle[supreg].
Cup..............................  Corning               8 oz. Ceramic Cup...  6014162           Arzberg............  1382-00001-4732.
                                    Comcor[supreg]/
                                    Corelle[supreg].
Saucer...........................  Corning               6 inch Saucer.......  6010972           Arzberg............  1382-00001-4731.
                                    Comcor[supreg]/
                                    Corelle[supreg].
Serving Bowl.....................  Corning               1 qt. Serving Bowl..  6003911
                                    Comcor[supreg]/
                                    Corelle[supreg].
Platter..........................  Corning               9.5 inch Oval         6011655
                                    Comcor[supreg]/       Platter.
                                    Corelle[supreg].
Glass--Iced Tea..................  Libbey..............  ....................  551 HT
Flatware--Knife..................  Oneida[supreg]--Acce  ....................  2619KPVF          WMF--Gastro 0800...  12.0803.6047.
                                    nt.
Flatware--Dinner Fork............  Oneida[supreg]--Acce  ....................  2619FRSF          WMF--Signum 1900...  12.1905.6040.
                                    nt.
Flatware--Salad Fork.............  Oneida[supreg]--Acce  ....................  2619FSLF          WMF--Signum 1900...  12.1964.6040.
                                    nt.
Flatware--Teaspoon...............  Oneida[supreg]--Acce  ....................  2619STSF          WMF--Signum 1900...  12.1910.6040.
                                    nt.
Flatware--Serving Fork...........  Oneida[supreg]--Flig  ....................  2865FCM           WMF--Signum 1900...  12.1902.6040.
                                    ht.
Flatware--Serving Spoon..........  Oneida[supreg]--Acce  ....................  2619STBF          WMF--Signum 1900...  12.1904.6040.
                                    nt.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    2.5 Preconditioning requirements.
    The preconditioning requirements described in Section 2.9 of 
AHAM DW-1-2020 are applicable to all dishwashers. For dishwashers 
that do not have a direct water line, measurement of the prewash 
fill water volume, Vpw, if any, and measurement of the 
main wash fill water volume, Vmw, are not taken.
    2.6 Detergent.
    The detergent requirements described in Section 2.10 of AHAM DW-
1-2020 are applicable to all dishwashers. For any dishwasher that 
does not have a detergent compartment, determine the amount of main 
wash detergent (in grams) according to Section 2.10 of AHAM DW-1-
2020, or as specified below, and place the detergent directly into 
the dishwasher chamber.
    Additionally, the following detergent and dosage may also be 
used for all dishwashers. Note that if the detergent specified in 
Section 2.10 of AHAM DW-1-2020 is used, then the dosage requirements 
specified in Section 2.10 of AHAM DW-1-2020 must be used. 
Alternately, if the detergent specified below is used, the dosage 
requirements specified below must be used.
    Use Cascade with the Grease Fighting Power of Dawn powder as the 
detergent formulation. For all dishwashers other than water re-use 
system dishwashers determine the amount of detergent (in grams) to 
be added to the prewash compartment (if provided) or elsewhere in 
the dishwasher (if recommended by the manufacturer) and the main 
wash compartment according to Sections 2.6.1 and 2.6.2 of this 
appendix.
    2.6.1 Detergent Dosing for Dishwashers other than Water Re-use 
System Dishwashers.
    2.6.1.1 Prewash Detergent Dosing. If the cycle setting for the 
test cycle includes prewash, determine the quantity of dry prewash 
detergent, Dpw, in grams (g) that results in 0.25 percent 
concentration by mass in the prewash fill water as:

Dpw = Vpw x [rho] x k x 0.25/100

where,
Vpw = the prewash fill volume of water in gallons,

[[Page 72774]]

[rho] = water density = 8.343 pounds (lb)/gallon for dishwashers to 
be tested at a nominal inlet water temperature of 50 [deg]F (10 
[deg]C), 8.250 lb/gallon for dishwashers to be tested at a nominal 
inlet water temperature of 120 [deg]F (49 [deg]C), and 8.205 lb/
gallon for dishwashers to be tested at a nominal inlet water 
temperature of 140 [deg]F (60 [deg]C), and
k = conversion factor from lb to g = 453.6 g/lb.

    2.6.1.2 Main Wash Detergent Dosing. Determine the quantity of 
dry main wash detergent, Dmw, in grams (g) that results 
in 0.25 percent concentration by mass in the main wash fill water 
as:

Dmw = Vmw x [rho] x k x 0.25/100

where,


    Vmw = the main wash fill volume of water in gallons, 
and [rho] and k are defined in Section 2.5.1.1 of this appendix.

    For dishwashers that do not have a direct water line, the 
Vmw is equal to the manufacturer reported water capacity 
used in the main wash stage of the test cycle.
    2.6.2 Detergent Dosing for Water Re-use System Dishwashers. Use 
the same detergent dosing requirement as specified in Section 2.10.2 
of AHAM DW-1-2020.
    2.7 Connected functionality.
    For dishwashers that can communicate through a network (e.g., 
Bluetooth[supreg] or internet connection), disable all network 
functions that can be disabled by means provided in the 
manufacturer's user manual, for the duration of testing. If network 
functions cannot be disabled by means provided in the manufacturer's 
user manual, conduct the standby power test with network function in 
the ``as-shipped'' condition.
    2.8 Evaluation Room Lighting Conditions.
    The lighting setup in the evaluation room where the test load is 
scored shall be according to the requirements specified in Section 
5.10 of AHAM DW-2-2020.

3. Instrumentation

    For this test procedure, the test instruments are to be 
calibrated annually according to the specifications in Sections 3.1 
through 3.7 of AHAM DW-1-2020, including the applicable provisions 
of IEC 62301 as referenced in Section 3.6 of AHAM DW-1-2020. 
Additionally, the following requirements are also applicable.
    3.1 Water meter.
    The water meter requirements described in Section 3.3 of AHAM 
DW-1-2020 are applicable to all dishwashers except dishwashers that 
do not have a direct water line. For such dishwashers these water 
meter conditions do not apply and water is added manually pursuant 
to Section 2.1.1 of this appendix.
    3.2 Water pressure gauge.
    The water pressure gauge requirements described in Section 3.4 
of AHAM DW-1-2020 are applicable to all dishwashers except 
dishwashers that do not have a direct water line. For such 
dishwashers these water pressure gauge conditions do not apply and 
water is added manually pursuant to Section 2.1.1 of this appendix.

4. Test Cycle and Measurements

    The test cycle and measurement specifications in Sections 4.1 
through 4.2 of AHAM DW-1-2020 and the scoring specifications in 
Section 5.10.1 of AHAM DW-2-2020 apply to this test procedure, 
including Section 5.1, note 1, and Section 5.3.2 of IEC 62301 as 
referenced in Section 4.2 of AHAM DW-1-2020. Additionally, the 
following requirements are also applicable.
    4.1 Active mode cycle.
    The active mode energy consumption measurement requirements 
described in Section 4.1 of AHAM DW-1-2020 are applicable to all 
dishwashers. Additionally, the following requirements are also 
applicable:
    a. After the completion of each test cycle (sensor heavy 
response, sensor medium response, and sensor light response), the 
test load shall be scored according to Section 4.2 of this appendix 
and its cleaning index calculated according to Section 5.1 of this 
appendix.
    b. A test cycle is considered valid if its cleaning index is 65 
or higher; otherwise, the test cycle is invalid and the data from 
that test run is discarded.
    c. For soil-sensing dishwashers, if the test cycle at any soil 
load is invalid, clean the dishwasher filter according to 
manufacturer's instructions and repeat the test at that soil load on 
the most energy-intensive cycle (determined as provided in Section 
4.1.1 of this appendix) that achieves a cleaning index of 65 or 
higher.
    d. For non-soil-sensing dishwashers, perform testing as 
described in Sections 4.1.a through 4.1.c of this appendix, except 
that, if a test cycle at a given soil load meets the cleaning index 
threshold criteria of 65 when tested on the normal cycle, no further 
testing is required for test cycles at lesser soil loads.
    4.1.1 Determination of most energy-intensive cycle.
    To determine the most energy-intensive cycle, ensure the filter 
is cleaned as specified in the manufacturer's instructions and test 
each available cycle type, selecting the default cycle options for 
that cycle type. In the absence of manufacturer recommendations on 
washing and drying temperature options, the highest energy 
consumption options must be selected. Following the completion of 
each test cycle, the machine electrical energy consumption and water 
consumption shall be measured according to Section 4.1.1 and 4.1.4 
of AHAM DW-1-2020, respectively. The total cycle energy consumption, 
EMEI, of each tested cycle type shall be calculated 
according to Section 5.2 of this appendix. The most energy-intensive 
cycle is the cycle type with the highest value of EMEI.
    For standard dishwashers, test each cycle with a clean load of 
eight place settings plus six serving pieces, as specified in 
Section 2.7 of AHAM DW-1-2020. For compact dishwashers, test each 
cycle with a clean load of four place settings plus six serving 
pieces, as specified in Section 2.7 of AHAM DW-1-2020. If the 
capacity of the dishwasher, as stated by the manufacturer, is less 
than four place settings, then the test load must be the stated 
capacity.
    4.1.2 Water consumption.
    The water consumption requirements described in Section 4.1.4 of 
AHAM DW-1-2020 are applicable to all dishwashers except dishwashers 
that do not have a direct water line. For such dishwashers these 
water consumption measurement requirements do not apply and water 
consumption, V, is the value reported by the manufacturer.
    4.2 Scoring
    Following the termination of an active mode test, each item in 
the test load shall be scored on a scale from 0 to 9 according to 
the instructions in Section 5.10.1 of AHAM DW-2-2020.

5. Calculation of Derived Results From Test Measurements

    The calculations in Section 5.1 through 5.7 of AHAM DW-1-2020 
and Section 5.12.3.2 of AHAM DW-2-2020 apply to this test procedure. 
The following additional requirements are also applicable:
    a. In Sections 5.1.3, 5.1.4, 5.1.5, 5.4.3, 5.4.4, 5.4.5, and 5.7 
of AHAM DW-1-2020, use N = 215 cycles/year in place of N = 184 
cycles/year.
    b. In Section 5.7 of AHAM DW-1-2020, use SLP = 8,465 for 
dishwashers that are not capable of operating in fan-only mode.
    c. For both soil-sensing and non-soil-sensing dishwashers, use 
the equations specified for soil-sensing dishwashers.
    d. If a non-soil-sensing dishwasher is not tested at a certain 
soil load as specified in Section 4.1.d of this appendix, use the 
energy and water consumption values of the preceding soil load when 
calculating the weighted average energy and water consumption values 
(i.e., if the sensor medium response and sensor light response tests 
on the normal cycle are not conducted, use the values of the sensor 
heavy response test for all three soil loads; if only the sensor 
light response test is not conducted, use the values of the sensor 
medium response test for the sensor light response test).
    e. For dishwashers that do not have a direct water line, water 
consumption is equal to the volume of water use in the test cycle, 
as specified by the manufacturer.
    f. In Sections 5.6.1.3, 5.6.1.4, 5.6.2.3, and 5.6.2.4 of AHAM 
DW-1-2020, use (C/e) in place of K.
    5.1 Cleaning Index.
    Determine the per-cycle cleaning index for each test cycle using 
the equation in Section 5.12.3.2 of AHAM DW-2-2020.
    5.2 Calculation for determination of the most energy-intensive 
cycle type.
    The total cycle energy consumption for the determination of the 
most energy-intensive cycle specified in Section 4.1.1 of this 
appendix is calculated for each tested cycle type as:

EMEI = M + EF - (ED/2) + W

where,

M = per-cycle machine electrical energy consumption, expressed in 
kilowatt hours per cycle,
EF = fan-only mode electrical energy consumption, if 
available on the tested cycle type, expressed in kilowatt hours per 
cycle,
ED = drying energy consumed using the power-dry feature 
after the termination of the last rinse option of the tested cycle

[[Page 72775]]

type, if available on the tested cycle type, expressed in kilowatt 
hours per cycle, and
W = water energy consumption and is defined as:
V x T x K, for dishwashers using electrically heated water, and
V x T x C/e, for dishwashers using gas-heated or oil-heated water.
Additionally,
V = water consumption in gallons per cycle,
T = nominal water heater temperature rise and is equal to 90 [deg]F 
for dishwashers that operate with a nominal 140 [deg]F inlet water 
temperature, and 70 [deg]F for dishwashers that operate with a 
nominal 120 [deg]F inlet water temperature,
K = specific heat of water in kilowatt-hours per gallon per degree 
Fahrenheit = 0.0024,
C = specific heat of water in Btu's per gallon per degree Fahrenheit 
= 8.2, and
e = nominal gas or oil water heater recovery efficiency = 0.75.

    5.3 Calculation of cycle duration.
    The cycle duration, t, expressed in hours, is calculated as:

t = (thr x Fhr) + (tmr x 
Fmr) + (tlr x Flr)

where,

thr = the duration of the sensor heavy response cycle 
including the power-dry feature,
tmr = the duration of the sensor medium response cycle 
including the power-dry feature,
tlr = the duration of the sensor light response cycle 
including the power-dry feature,
Fhr = the weighting factor based on consumer use of heavy 
response = 0.05,
Fmr = the weighting factor based on consumer use of 
medium response = 0.33, and
Flr = the weighting factor based on consumer use of light 
response = 0.62.
0
5. Appendix C2 to subpart B of part 430 is added 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 C2 to determine compliance with any standards for 
dishwashers provided in Sec.  430.32(f)(1) that are published after 
January 1, 2021. Representations related to energy or water 
consumption must be made in accordance with the appropriate appendix 
that applies (i.e., appendix C1 or appendix C2) when determining 
compliance with the relevant standard. Manufacturers may also use 
appendix C2 to certify compliance with any amended standards prior 
to the applicable compliance date for those standards.

0. Incorporation by Reference

    DOE incorporated by reference in Sec.  430.3, AHAM DW-1-2020, 
AHAM DW-2-2020, and IEC 62301 in their entirety. The following 
enumerated provisions of AHAM DW-1-2020, AHAM DW-2-2020, and IEC 
62301 are applicable to this appendix, as follows:

(1) AHAM DW-1-2020: Uniform Test Method for Measuring the Energy 
Consumption of Dishwashers

    (i) Sections 1.1 through 1.30 as referenced in section 1 of this 
appendix;
    (ii) Section 2.1 as referenced in sections 2 and 2.1 of this 
appendix;
    (iii) Sections 2.2 through 2.3.3, sections 2.5 and 2.7, sections 
2.7.2 through 2.8, and section 2.11, as referenced in section 2 of 
this appendix;
    (iv) Section 2.4 as referenced in sections 2 and 2.2 of this 
appendix;
    (v) Section 2.6.3 as referenced in sections 2 and 2.3 of this 
appendix;
    (vi) Section 2.7.1 as referenced in sections 2 and 2.4 of this 
appendix;
    (vii) Section 2.9 as referenced in sections 2 and 2.5 of this 
appendix;
    (viii) Section 2.10 as referenced in sections 2 and 2.6 of this 
appendix;
    (ix) Sections 3.1 through 3.2 and sections 3.5 through 3.7 as 
referenced in section 3 of this appendix;
    (x) Section 3.3 as referenced in sections 3 and 3.1 of this 
appendix;
    (xi) Section 3.4 as referenced in sections 3 and 3.2 of this 
appendix;
    (xii) Section 4.1 as referenced in sections 4 and 4.1 of this 
appendix;
    (xiii) Section 4.1.4 as referenced in sections 4 and 4.1.2 of 
this appendix; and
    (xiv) Section 5 as referenced in section 5 of this appendix.

(2) AHAM DW-2-2020: Household Electric Dishwashers

    (i) Section 5.10 as referenced in sections 2 and 2.8 of this 
appendix;
    (ii) Sections 5.10.1 as referenced in sections 4 and 4.2 of this 
appendix; and
    (iii) Section 5.12.3.2 as referenced in sections 5 and 5.1 of 
this appendix.

(3) IEC 62301: Household Electrical Appliances--Measurement of Standby 
Power

    (i) Sections 4.2, 4.3.2, and 5.2 as referenced in section 2 of 
this appendix; and
    (ii) Sections 5.1, note 1, and 5.3.2 as referenced in section 4 
of this appendix.

1. Definitions

    The definitions in Sections 1.1 through 1.30 of AHAM DW-1-2020 
apply to this test procedure, including the applicable provisions of 
AHAM DW-2-2020 as referenced in Sections 1.5, 1.18, 1.19, 1.20, and 
1.22 of AHAM DW-1-2020.

2. Testing Conditions

    The testing conditions in Section 2.1 through 2.11 of AHAM DW-1-
2020, except Sections 2.6.1 and 2.6.2, and the testing conditions in 
Section 5.10 of AHAM DW-2-2020 apply to this test procedure, 
including the following provisions of:
    (1) Sections 4.2, 4.3.2, and 5.2 of IEC 62301 as referenced in 
Sections 2.1, 2.2.4, and 2.5.2 of AHAM DW-1-2020, respectively, and
    (2) Sections 5.3 through 5.8 of AHAM DW-2-2020 as referenced in 
Sections 2.6.3.1, 2.6.3.2, and 2.6.3.3; Section 3.4 of AHAM DW-2-
2020, excluding the accompanying Note, as referenced in Section 
2.7.1 of AHAM DW-1-2020; Section 5.4 of AHAM DW-2-2020 as referenced 
in Section 2.7.4 of AHAM DW-1-2020; Section 5.5 of AHAM DW-2-2020 as 
referenced in Section 2.7.5 of AHAM DW-1-2020, and Section 4.1 of 
AHAM DW-2-2020 as referenced in Section 2.10.1 of AHAM DW-1-2020. 
Additionally, the following requirements are also applicable.
    2.1 Installation Requirements.
    The installation requirements described in Section 2.1 of AHAM 
DW-1-2020 are applicable to all dishwashers, with the following 
additions:
    2.1.1 In-Sink Dishwashers.
    For in-sink dishwashers, the requirements pertaining to the 
rectangular enclosure for under-counter or under-sink dishwashers 
are not applicable. For such dishwashers, the rectangular enclosure 
must consist of a front, a back, two sides, and a bottom. The front, 
back, and sides of the enclosure must be brought into the closest 
contact with the appliance that the configuration of the dishwasher 
will allow. The height of the enclosure shall be as specified in the 
manufacturer's instructions for installation height. If no 
instructions are provided, the enclosure height shall be 36 inches. 
The dishwasher must be installed from the top and mounted to the 
edges of the enclosure.
    2.1.2 Dishwashers without a Direct Water Line.
    Manually fill the built-in water reservoir to the full capacity 
reported by the manufacturer, using water at a temperature in 
accordance with Section 2.3 of AHAM DW-1-2020.
    2.2 Water pressure.
    The water pressure requirements described in Section 2.4 of AHAM 
DW-1-2020 are applicable to all dishwashers except dishwashers that 
do not have a direct water line.
    2.3 Non-soil-sensing and soil-sensing dishwashers to be tested 
at a nominal inlet temperature of 50 [deg]F, 120 [deg]F, or 140 
[deg]F.
    The test load and soiling requirements for all non-soil-sensing 
and soil-sensing dishwashers shall be the same as those requirements 
specified in Section 2.6.3 of AHAM DW-1-2020 for soil-sensing 
dishwashers. Additionally, both non-soil-sensing and soil-sensing 
compact dishwashers that have a capacity of less than four place 
settings shall be tested at the rated capacity of the dishwasher and 
the test load shall be soiled as follows at each soil load:
    a. Heavy soil load: Soil two-thirds of the place settings, 
excluding flatware and serving pieces (rounded up to the nearest 
integer) or one place setting, whichever is greater;
    b. Medium soil load: Soil one-quarter of the place settings, 
excluding flatware and serving pieces (rounded up to the nearest 
integer) or one place setting, whichever is smaller;
    c. Light soil load: Soil one-quarter of the place settings, 
excluding flatware and serving pieces (rounded up to the nearest 
integer) or one place setting, whichever is smaller, using half the 
quantity of soils specified for one place setting.
    2.4 Test load items.
    The test load items described in Section 2.7.1 of AHAM DW-1-2020 
apply to this test procedure, including the applicable provisions of 
AHAM DW-2-2020, as referenced in Section 2.7.1 of AHAM DW-1-2020. 
The following test load items may be used in the alternative.

[[Page 72776]]



----------------------------------------------------------------------------------------------------------------
 Dishware/glassware/ flatware                                                      Alternate        Alternate
             item               Primary source     Description     Primary No.       source         source No.
----------------------------------------------------------------------------------------------------------------
Dinner Plate.................  Corning           10 inch Dinner   6003893
                                Comcor[supreg]/   Plate.
                                Corelle[supreg].
Bread and Butter Plate.......  Corning           6.75 inch Bread  6003887       Arzberg........  8500217100 or
                                Comcor[supreg]/   & Butter.                                       2000-00001-021
                                Corelle[supreg].                                                  7-1
Fruit Bowl...................  Corning           10 oz. Dessert   6003899       Arzberg........  3820513100
                                Comcor[supreg]/   Bowl.
                                Corelle[supreg].
Cup..........................  Corning           8 oz. Ceramic    6014162       Arzberg........  1382-00001-4732
                                Comcor[supreg]/   Cup.
                                Corelle[supreg].
Saucer.......................  Corning           6 inch Saucer..  6010972       Arzberg........  1382-00001-4731
                                Comcor[supreg]/
                                Corelle[supreg].
Serving Bowl.................  Corning           1 qt. Serving    6003911
                                Comcor[supreg]/   Bowl.
                                Corelle[supreg].
Platter......................  Corning           9.5 inch Oval    6011655
                                Comcor[supreg]/   Platter.
                                Corelle[supreg].
Glass--Iced Tea..............  Libbey..........  ...............  551 HT
Flatware--Knife..............  Oneida[supreg]--  ...............  2619KPVF      WMF--Gastro      12.0803.6047
                                Accent.                                          0800.
Flatware--Dinner Fork........  Oneida[supreg]--  ...............  2619FRSF      WMF--Signum      12.1905.6040
                                Accent.                                          1900.
Flatware--Salad Fork.........  Oneida[supreg]--  ...............  2619FSLF      WMF--Signum      12.1964.6040
                                Accent.                                          1900.
Flatware--Teaspoon...........  Oneida[supreg]--  ...............  2619STSF      WMF--Signum      12.1910.6040
                                Accent.                                          1900.
Flatware--Serving Fork.......  Oneida[supreg]--  ...............  2865FCM       WMF--Signum      12.1902.6040
                                Flight.                                          1900.
Flatware--Serving Spoon......  Oneida[supreg]--  ...............  2619STBF      WMF--Signum      12.1904.6040
                                Accent.                                          1900.
----------------------------------------------------------------------------------------------------------------

    2.5 Preconditioning requirements
    The preconditioning requirements described in Section 2.9 of 
AHAM DW-1-2020 are applicable to all dishwashers except the 
measurement of the prewash fill water volume, Vpw, if 
any, and measurement of the main wash fill water volume, 
Vmw, are not required.
    2.6 Detergent.
    The detergent requirements described in Section 2.10 of AHAM DW-
1-2020 are applicable to all dishwashers. For any dishwasher that 
does not have a detergent compartment, place the detergent directly 
into the dishwasher chamber.
    2.7 Connected functionality.
    For dishwashers that can communicate through a network (e.g., 
Bluetooth[supreg] or internet connection), disable all network 
functions that can be disabled by means provided in the 
manufacturer's user manual, for the duration of testing. If network 
functions cannot be disabled by means provided in the manufacturer's 
user manual, conduct the standby power test with network function in 
the ``as-shipped'' condition.
    2.8 Evaluation Room Lighting Conditions.
    The lighting setup in the evaluation room where the test load is 
scored shall be according to the requirements specified in Section 
5.10 of AHAM DW-2-2020.

3. Instrumentation

    For this test procedure, the test instruments are to be 
calibrated annually according to the specifications in Section 3.1 
through 3.7 of AHAM DW-1-2020, including the applicable provisions 
of IEC as referenced in Section 3.6 of AHAM DW-1-2020. Additionally, 
the following requirements are also applicable.
    3.1 Water meter.
    The water meter requirements described in Section 3.3 of AHAM 
DW-1-2020 are applicable to all dishwashers except dishwashers that 
do not have a direct water line. For such dishwashers these water 
meter conditions do not apply and water is added manually pursuant 
to Section 2.1.1 of this appendix.
    3.2 Water pressure gauge.
    The water pressure gauge requirements described in Section 3.4 
of AHAM DW-1-2020 are applicable to all dishwashers except 
dishwashers that do not have a direct water line. For such 
dishwashers these water pressure gauge conditions do not apply and 
water is added manually pursuant to Section 2.1.1 of this appendix.

4. Test Cycle and Measurements

    The test cycle and measurement specifications in Sections 4.1 
through 4.2 of AHAM DW-1-2020 and the scoring specifications in 
Section 5.10.1 of AHAM DW-2-2020 apply to this test procedure, 
including Section 5.1, note 1, and Section 5.3.2 of IEC 62301 as 
referenced in Section 4.2 of AHAM DW-1-2020. Additionally, the 
following requirements are also applicable.
    4.2 Active mode cycle.
    The active mode energy consumption measurement requirements 
described in Section 4.1 of AHAM DW-1-2020 are applicable to all 
dishwashers. Additionally, the following requirements are also 
applicable:
    a. After the completion of each test cycle (sensor heavy 
response, sensor medium response, and sensor light response), the 
test load shall be scored according to Section 4.2 of this appendix 
and its cleaning index calculated according to Section 5.1 of this 
appendix.
    b. A test cycle is considered valid if its cleaning index is 65 
or higher; otherwise, the test cycle is invalid and the data from 
that test run is discarded.
    c. For soil-sensing dishwashers, if the test cycle at any soil 
load is invalid, clean the dishwasher filter according to 
manufacturer's instructions and repeat the test at that soil load on 
the most energy-intensive cycle (determined as provided in Section 
4.1.1 of this appendix) that achieves a cleaning index of 65 or 
higher.
    d. For non-soil-sensing dishwashers, perform testing as 
described in Section 4.1.a through 4.1.c of this appendix, except 
that, if a test cycle at a given soil load meets the cleaning index 
threshold criteria of 65 when tested on the normal cycle, no further 
testing is required for test cycles at lesser soil loads.
    4.1.1 Determination of most energy-intensive cycle.
    To determine the most energy-intensive cycle, ensure the filter 
is cleaned as specified in the manufacturer's instructions and test 
each available cycle type, selecting the default cycle options for 
that cycle type. In the absence of manufacturer recommendations on 
washing and drying temperature options, the highest energy 
consumption options must be selected. Following the completion of 
each test cycle, the machine electrical energy consumption and water 
consumption shall be measured according to Sections 4.1.1 and 4.1.4 
of AHAM DW-1-2020, respectively. The total cycle energy consumption, 
EMEI, of each tested cycle type shall be calculated 
according to Section 5.2 of this appendix. The most energy-intensive 
cycle is the cycle type with the highest value of EMEI.
    For standard dishwashers, test each cycle with a clean load of 
eight place settings plus six serving pieces, as specified in 
Section 2.7 of AHAM DW-1-2020. For compact dishwashers, test each 
cycle with a clean load of four place settings plus six serving 
pieces, as specified in Section 2.7 of AHAM DW-1-2020. If the 
capacity of the dishwasher, as stated by the manufacturer, is less 
than four place settings, then the test load must be the stated 
capacity.
    4.1.2 Water consumption.
    The water consumption requirements described in Section 4.1.4 of 
AHAM DW-1-2020 are applicable to all dishwashers except dishwashers 
that do not have a direct water line. For such dishwashers these 
water consumption measurement requirements do not apply and water 
consumption, V, is the value reported by the manufacturer.
    4.2 Scoring.
    Following the termination of an active mode test, each item in 
the test load shall be scored on a scale from 0 to 9 according to 
the instructions in Section 5.10.1 of AHAM DW-2-2020.

5. Calculation of Derived Results From Test Measurements

    The calculations in Sections 5.1 through 5.7 of AHAM DW-1-2020 
and Section 5.12.3.2 of AHAM DW-2-2020 apply to this test procedure. 
The following additional requirements are also applicable:
    a. For both soil-sensing and non-soil-sensing dishwashers, use 
the equations specified for soil-sensing dishwashers.

[[Page 72777]]

    b. If a non-soil-sensing dishwasher is not tested at a certain 
soil load as specified in Section 4.1.d of this appendix, use the 
energy and water consumption values of the preceding soil load when 
calculating the weighted average energy and water consumption values 
(i.e., if the sensor medium response and sensor light response tests 
on the normal cycle are not conducted, use the values of the sensor 
heavy response test for all three soil loads; if only the sensor 
light response test is not conducted, use the values of the sensor 
medium response test for the sensor light response test).
    c. For dishwashers that do not have a direct water line, water 
consumption is equal to the volume of water use in the test cycle, 
as specified by the manufacturer.
    d. In Sections 5.6.1.3, 5.6.1.4, 5.6.2.3, and 5.6.2.4 of AHAM 
DW-1-2020, use (C/e) in place of K.
    5.1 Cleaning Index.
    Determine the per-cycle cleaning index for each test cycle using 
the equation in Section 5.12.3.2 of AHAM DW-2-2020.
    5.2 Calculation for determination of the most energy-intensive 
cycle type.
    The total cycle energy consumption for the determination of the 
most energy-intensive cycle specified in Section 4.1.1 of this 
appendix is calculated for each tested cycle type as:

EMEI = M + EF - (ED/2) + W

where,

M = per-cycle machine electrical energy consumption, expressed in 
kilowatt hours per cycle,
EF = fan-only mode electrical energy consumption, if 
available on the tested cycle type, expressed in kilowatt hours per 
cycle,
ED = drying energy consumed using the power-dry feature 
after the termination of the last rinse option of the tested cycle 
type, if available on the tested cycle type, expressed in kilowatt 
hours per cycle, and
W = water energy consumption and is defined as:
V x T x K, for dishwashers using electrically heated water, and
V x T x C/e, for dishwashers using gas-heated or oil-heated water.
Additionally,
V = water consumption in gallons per cycle,
    T = nominal water heater temperature rise and is equal to 90 
[deg]F for dishwashers that operate with a nominal 140 [deg]F inlet 
water temperature, and 70 [deg]F for dishwashers that operate with a 
nominal 120 [deg]F inlet water temperature,
K = specific heat of water in kilowatt-hours per gallon per degree 
Fahrenheit = 0.0024,
C = specific heat of water in Btu's per gallon per degree Fahrenheit 
= 8.2, and
e = nominal gas or oil water heater recovery efficiency = 0.75.

    5.3 Calculation of cycle duration.
    The cycle duration, t, expressed in hours, is calculated as:

t = (thr x Fhr) + (tmr x 
Fmr) + (tlr x Flr)

    where,

thr = the duration of the sensor heavy response cycle 
including the power-dry feature,
tmr = the duration of the sensor medium response cycle 
including the power-dry feature,
tlr = the duration of the sensor light response cycle 
including the power-dry feature,
Fhr = the weighting factor based on consumer use of heavy 
response = 0.05,
Fmr = the weighting factor based on consumer use of 
medium response = 0.33, and
Flr = the weighting factor based on consumer use of light 
response = 0.62.

0
6. Section 430.32 is amended by revising paragraph (f)(1) to read as 
follows:


Sec.  430.32  Energy and water conservation standards and their 
compliance dates.

* * * * *
    (f) Dishwashers. (1) All dishwashers manufactured on or after May 
30, 2013, shall meet the following standard--
    (i) Standard size dishwashers shall not exceed 307 kwh/year and 5.0 
gallons per cycle. Standard size dishwashers have a capacity equal to 
or greater than eight place settings plus six serving pieces as 
specified in AHAM DW-1-2020 (incorporated by reference, see Sec.  
430.3) using the test load specified in section 2.4 of appendix C1 or 
appendix C2 in subpart B of this part, as applicable.
    (ii) Compact size dishwashers shall not exceed 222 kwh/year and 3.5 
gallons per cycle. Compact size dishwashers have a capacity less than 
eight place settings plus six serving pieces as specified in AHAM DW-1-
2020 using the test load specified in section 2.4 of appendix C1 or 
appendix C2 in subpart B of this part, as applicable.
    (iii) Standard size dishwashers with a ``normal cycle'', as defined 
in AHAM DW-1-2020, of 60 minutes or less are not currently subject to 
energy or water conservation standards. Standard size dishwashers have 
a capacity equal to or greater than eight place settings plus six 
serving pieces as specified in AHAM DW-1-2020 using the test load 
specified in section 2.4 of appendix C1 or appendix C2 in subpart B of 
this part, as applicable. ``Normal cycle'' duration is determined 
according to section 5.3 of appendix C1 or appendix C2 in subpart B of 
this part, as applicable.
* * * * *
[FR Doc. 2021-26880 Filed 12-21-21; 8:45 am]
BILLING CODE 6450-01-P