[Federal Register Volume 88, Number 11 (Wednesday, January 18, 2023)]
[Rules and Regulations]
[Pages 3234-3282]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27879]



[[Page 3233]]

Vol. 88

Wednesday,

No. 11

January 18, 2023

Part V





Department of Energy





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10 CFR Parts 429 and 430





Energy Conservation Program: Test Procedure for Dishwashers; Final Rule

  Federal Register / Vol. 88, No. 11 / Wednesday, January 18, 2023 / 
Rules and Regulations  

[[Page 3234]]


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DEPARTMENT OF ENERGY

10 CFR Parts 429 and 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: Final rule.

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SUMMARY: The U.S. Department of Energy (``DOE'') is amending the 
current test procedures for dishwashers, adopting a new test procedure 
appendix, incorporating by reference Association of Home Appliance 
Manufacturers (``AHAM'') standards--AHAM DW-1-2020 and DW-2-2020--and 
applying certain provisions of the industry standards to the test 
procedures appendices. The amendments to the current appendix establish 
requirements for water hardness, relative humidity, and loading 
pattern; update requirements for ambient temperature, detergent dosage, 
and standby power measurement; and include testing approaches from 
published dishwasher waivers. The new test procedure appendix 
additionally includes provisions for a minimum cleaning index threshold 
to validate the selected test cycle and updated annual number of cycles 
and low-power mode hours for the calculation of annual energy 
consumption.

DATES: The effective date of this rule is February 17, 2023. The 
amendments to appendix C1 will be mandatory for product testing 
starting July 17, 2023. Manufacturers will be required to use the 
amended test procedure at appendix C1 until the compliance date of any 
final rule establishing amended energy conservation standards based on 
the newly established test procedure at appendix C2. At such time, 
manufacturers will be required to begin using the newly established 
test procedure at appendix C2. The incorporation by reference of 
certain publications listed in the rule is approved by the Director of 
the Federal Register on February 17, 2023.

ADDRESSES: The docket, which includes Federal Register notices, webinar 
attendee lists and transcripts, comments, and other supporting 
documents/materials, is available for review at www.regulations.gov. 
All documents in the docket are listed in the www.regulations.gov 
index. However, not all documents listed in the index may be publicly 
available, such as those containing information that is exempt from 
public disclosure.
    A link to the docket web page can be found at www.regulations.gov/docket/EERE-2016-BT-TP-0012. The docket web page contains instructions 
on how to access all documents, including public comments, in the 
docket.
    For further information on how to review the docket, contact the 
Appliance and Equipment Standards Program staff at (202) 287-1445 or by 
email: [email protected].

FOR FURTHER INFORMATION CONTACT: Dr. Carl Shapiro, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies Office, EE-5B, 1000 Independence Avenue SW, Washington, DC 
20585-0121. Telephone: (202) 287-5649. Email: 
[email protected].
    Ms. 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].

SUPPLEMENTARY INFORMATION: DOE maintains and updates a previously 
approved incorporation by reference and incorporates by reference the 
following industry standards into title 10 of the Code of Federal 
Regulations (``CFR'') part 430:

AHAM DW-1-2020, ``Uniform Test Method for Measuring the Energy 
Consumption of Dishwashers'', (copyright 2020).
AHAM DW-2-2020, ``Household Electric Dishwashers'', (copyright 2020).

    Copies of AHAM DW-1-2020 and AHAM DW-2-2020 can be obtained from 
Association of Home Appliance Manufacturers, 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 (``IEC''), 3 Rue de Varembe, Case Postale 
131, 1211 Geneva 20, Switzerland; +41 22 919 02 11, https://webstore.iec.ch/.
    For a further discussion of these standards, see section IV.N of 
this document.

Table of Contents

I. Authority and Background
    A. Authority
    B. Background
II. Synopsis of the Final Rule
III. Discussion
    A. General Comments
    B. Scope of Applicability
    C. Updates to Industry Standards
    D. Metrics
    E. 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
    8. Water Meter
    F. Test Cycle Amendments
    1. Cycle Selections
    2. Drying Energy Measurement
    3. Annual Number of Cycles
    G. Energy and Water Consumption Test Methods
    1. Test Load Items
    2. Soils
    3. Loading Pattern
    4. Preconditioning Cycles
    5. Detergent
    6. Rinse Aid
    7. Water Softener Regeneration Cycles
    8. Water Re-Use System
    9. Water Heater Efficiency
    H. Cleaning Performance
    1. General Comments
    2. Cleaning Performance Test Method
    3. Cleaning Index Threshold
    4. Validation of the Test Cycle
    5. Determining the Most Energy-Intensive Cycle
    I. Standby Mode Test Method
    1. Standby Power Measurement
    2. Annual Combined Low-Power Mode Energy Consumption Calculation
    J. Network Mode
    K. Test Cycle Duration and Updates to 10 CFR 430.32
    L. Test Procedure Costs and Harmonization
    1. Test Procedure Costs and Impact
    2. Harmonization With Industry Standards
    M. Effective and Compliance Dates
IV. Procedural Issues and Regulatory Review
    A. Review Under Executive Orders 12866 and 13563
    B. Review Under the Regulatory Flexibility Act
    C. Review Under the Paperwork Reduction Act of 1995
    D. Review Under the National Environmental Policy Act of 1969
    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. Congressional Notification
    N. Description of Materials Incorporated by Reference
V. Approval of the Office of the Secretary

[[Page 3235]]

I. Authority and Background

    Dishwashers are included in the list of ``covered products'' for 
which the U.S. Department of Energy (``DOE'') is authorized to 
establish and amend energy conservation standards and test procedures. 
(42 U.S.C. 6292(a)(6)) DOE's test procedure for dishwashers is 
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 document refer to the statute 
as amended through the Energy Act of 2020, Public Law 116-260 (Dec. 
27, 2020), which reflect the last statutory amendments that impact 
Parts A and A-1 of EPCA.
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated Part A.
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    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 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 under EPCA (42 U.S.C. 6295(s)), and (2) 
making other representations about the efficiency of those products (42 
U.S.C. 6293(c)). Similarly, DOE must use these test procedures to 
determine whether the products comply with any 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 shall 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 (as determined by the Secretary) or period of use and 
shall 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. (42 U.S.C. 
6293(b)(1)(A)(ii))
    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 into the overall energy efficiency, energy 
consumption, or other energy descriptor, unless the current test 
procedure already incorporates the standby mode and off mode energy 
consumption, or if such integration is technically infeasible. (42 
U.S.C. 6295(gg)(2)(A)) If an integrated test procedure is technically 
infeasible, DOE must prescribe separate standby mode and off mode 
energy use test procedures for the covered product, if a separate test 
is technically feasible. (Id.) 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, Audio, video and related equipment--Methods of 
measurement for power consumption (Edition 1.0, Parts 1-6: 2015, 
Part 7: 2018).
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    DOE is publishing this final rule in satisfaction of the 7-year 
review requirement specified in EPCA. (42 U.S.C. 6293(b)(1)(A))

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

[[Page 3236]]

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.
    On December 22, 2021, DOE published a notice of proposed rulemaking 
(``December 2021 NOPR'') that proposed to amend appendix C1, adopt a 
new test in appendix C2, incorporate by reference AHAM standards--AHAM 
DW-1-2020, ``Uniform Test Method for Measuring the Energy Consumption 
of Dishwashers'' (``AHAM DW-1-2020'') and AHAM DW-2-2020, ``Household 
Electric Dishwashers'' (``AHAM DW-2-2020'')--and apply certain 
provisions of the industry standards to the test procedures appendices, 
and include provisions for a minimum cleaning index threshold to 
validate the selected test cycle. 86 FR 72738. DOE requested comments 
from interested parties on the proposal. Id. DOE received comments in 
response to the December 2021 NOPR from the interested parties listed 
in Table I.1.
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    \5\ AHAM's supplemental comment (No. 26) was received 192 days 
after the comment submission deadline. DOE generally will not 
consider late-filed comments, but may exercise its discretion to do 
so where necessary and appropriate. In this case, DOE is considering 
AHAM's comment because its tardiness has not disrupted DOE's 
consideration of this matter and because the comment regards a 
subject important to this matter.

          Table I.1--List of Commenters With Written Submissions in Response to the December 2021 NOPR
----------------------------------------------------------------------------------------------------------------
                                            Reference in this final   Comment No. in
              Commenter(s)                           rule               the docket          Commenter type
----------------------------------------------------------------------------------------------------------------
Association of Home Appliance             AHAM......................      \5\ 17, 26  Trade Association.
 Manufacturers.
Pacific Gas and Electric Company, San     CA IOUs...................              19  Utilities.
 Diego Gas and Electric, and Southern
 California Edison; collectively, the
 California Investor-Owned Utilities.
GE Appliances, a Haier company..........  GEA.......................              20  Manufacturer.
Appliance Standards Awareness Project,    Joint Commenters..........              18  Efficiency Organizations.
 National Consumer Law Center, on behalf
 of its low-income clients, and Natural
 Resources Defense Council.
Samsung Electronics America, Inc........  Samsung...................              21  Manufacturer.
Whirlpool Corporation...................  Whirlpool.................              16  Manufacturer.
----------------------------------------------------------------------------------------------------------------

    DOE also received feedback from AHAM during an ex parte meeting 
held on October 19, 2022 (``October 2022 ex parte meeting''). (AHAM, 
No. 27)
    A parenthetical reference at the end of a comment quotation or 
paraphrase provides the location of the item in the public record.\6\ 
To the extent that interested parties have provided written comments 
that are substantively consistent with any oral comments provided 
during the February 3, 2022, public meeting (hereafter referred to as 
the ``December 2021 NOPR public meeting''), DOE cites the written 
comments throughout this final rule. Any oral comments provided during 
the webinar that are not substantively addressed by written comments 
are summarized and cited separately throughout this final rule.
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    \6\ 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).
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II. Synopsis of the Final Rule

    In this final rule, DOE incorporates by reference into 10 CFR part 
430 the new industry standards AHAM DW-1-2020 and AHAM DW-2-2020. 
Specifically, this final rule amends the dishwasher test procedure 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 prewash 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 updates:
    a. 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 70 as a condition for a 
test cycle to be valid.
    b. Update 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 new appendix C2, this final rule 
additionally adds provisions to incorporate the test methods specified 
in a waiver for testing a basic model of dishwasher that does not hook 
up to a water supply line, but has a manually filled, built-in water

[[Page 3237]]

tank and 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 adopted amendments are summarized in Table II.1 compared to the 
test procedure provision prior to the amendment, as well as the reason 
for the adopted change.

                          Table II.1--Summary of Changes in the Amended Test Procedure
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                                                                    Applicable test
DOE test procedure prior to amendment   Amended test procedure         procedure               Attribution
----------------------------------------------------------------------------------------------------------------
References provisions of ANSI/AHAM DW- References provisions    Appendix C1 and          Harmonize with industry
 1-2010 for some aspects of the test    of AHAM DW-1-2020        appendix C2.             standard and practice.
 procedure.                             newly incorporated
                                        into 10 CFR part 430,
                                        with limited
                                        modifications.
Does not specify a water hardness      Adds water hardness      Appendix C1 and          Harmonize with industry
 requirement.                           requirement to be        appendix C2.             standard and practice.
                                        consistent with AHAM
                                        DW-1-2020, which
                                        specifies 0 to 85
                                        parts per million of
                                        calcium carbonate.
Does not specify any range for         Adds a relative          Appendix C1 and          Harmonize with industry
 relative humidity.                     humidity (``RH'')        appendix C2.             standard and practice.
                                        requirement consistent
                                        with AHAM DW-1-2020,
                                        which specifies 35
                                        percent 
                                        15 percent.
Does not specify any instrumentation   References the           Appendix C1 and          Harmonize with industry
 for measuring relative humidity.       instrumentation          appendix C2.             standard and practice.
                                        requirements from AHAM
                                        DW-1-2020 for
                                        measuring relative
                                        humidity.
Specifies that the ambient             References the ambient   Appendix C1 and          Harmonize with industry
 temperature must be maintained at 75   temperature              appendix C2.             standard and practice.
 [deg]F 5 [deg]F.           requirement from AHAM
                                        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          Harmonize with industry
                                        pattern from AHAM DW-1-  appendix C2.             standard and practice.
                                        2020, which specifies
                                        the same loading
                                        requirements as the
                                        ENERGY STAR Cleaning
                                        Performance Test
                                        Method.
References the detergent type and      References the           Appendix C1 and          Harmonize with industry
 detergent dosing requirements from     detergent type and       appendix C2.             standard and practice.
 ANSI/AHAM DW-1-2010, which specifies   detergent dosing
 Cascade with the Grease Fighting       requirements from AHAM
 Power of Dawn as the detergent and     DW-1-2020, which
 dosing requirements based on water     references AHAM DW-2-
 volumes in the prewash and main wash   2020 and specifies
 cycles.                                Cascade Complete
                                        Powder detergent and
                                        dosing requirements
                                        based on number of
                                        place settings.
Uses 215 annual cycles for             Reduces the annual       Appendix C2............  Improve
 calculating annual energy use.         number of cycles to                               representativeness.
                                        184 for calculating
                                        annual energy use.
Does not specify whether the           References the           Appendix C1 and          Harmonize with industry
 dishwasher door should be open or      requirement from AHAM    appendix C2.             standard and practice.
 closed during standby mode testing.    DW-1-2020, which
                                        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 industry
 combined low-power mode energy         requirement from AHAM                             standard and practice.
 consumption for dishwashers that do    DW-1-2020 to use the
 not have a fan-only mode.              measured cycle
                                        duration to calculate
                                        combined low-power
                                        mode hours.
Does not include a method to test      Adds a test method from  Appendix C1 and          Response to waiver and
 dishwashers operating on 208-volt      AHAM DW-1-2020 to test   appendix C2.             harmonize with
 power supply.                          dishwashers intended                              industry standard and
                                        for a 208-volt power                              practice.
                                        supply.
Does not include a method to test      Adds a test method from  Appendix C1 and          Response to waiver and
 dishwashers with a water re-use        AHAM DW-1-2020 for       appendix C2.             harmonize with
 system that uses water recovered       dishwashers with a                                industry standard and
 from prior use.                        water re-use system.                              practice.
Specifies installation instructions    Specifies installation   Appendix C1 and          Response to waiver.
 and test provisions only for           instructions and test    appendix C2.
 dishwashers that connect to a water    provisions for
 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          Response to waiver.
 only for under-counter and under-      instructions for ``in-   appendix C2.
 sink dishwashers.                      sink'' dishwashers.
Requires placing detergent within a    Specifies detergent      Appendix C1 and          Response to waiver.
 main wash detergent compartment.       placement instructions   appendix C2.
                                        for dishwashers that
                                        do not have a main
                                        wash detergent
                                        compartment.
Does not specify a minimum cleaning    Requires measurement of  Appendix C2............  Ensure the test
 index threshold to validate a test     a per-cycle cleaning                              procedure produces
 cycle.                                 index based on section                            test results which
                                        5.12.3.1 of AHAM DW-2-                            measure energy and
                                        2020 (i.e., reflecting                            water use during a
                                        soil particles only),                             representative average
                                        and establishes a                                 use cycle.
                                        threshold value of 70
                                        as a condition for a
                                        test cycle to be valid.
----------------------------------------------------------------------------------------------------------------

    DOE has determined that the amendments adopted in this final rule 
would not require DOE to amend the energy and water conservation 
standards for dishwashers. The additional amendments specified in the 
newly established appendix C2 would alter the calculated energy 
consumption of dishwashers as discussed further in each relevant 
section of this final rule. However, testing in accordance with 
appendix C2 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 actions are addressed in detail in 
section III of this document.

[[Page 3238]]

    The effective date for the amended test procedures adopted in this 
final rule is 30 days after publication of this document in the Federal 
Register. Representations of energy use or energy efficiency must be 
based on testing in accordance with the amended test procedure in 
appendix C1 beginning 180 days after the publication of this final 
rule.

III. Discussion

    In the December 2021 NOPR, DOE requested stakeholder feedback on 
several topics including test setup, test cycles, energy and water 
consumption test methods, cleaning performance, and standby mode test 
method. 86 FR 72738. In the following sections, DOE addresses the 
topics on which it requested feedback in the December 2021 NOPR, 
summarizes stakeholder comments received, responds to these comments, 
and finalizes the test procedure based on comments and DOE's analyses.

A. General Comments

    AHAM commented that it supported DOE in its efforts to save energy 
and ensure a national marketplace through the Appliance Standards 
Program. AHAM stated that repeatable and reproducible test procedures 
that are representative of average consumer use, but not unduly 
burdensome to conduct, are an integral part of the standards program. 
(AHAM, No. 17 at p. 1) AHAM also commented that it supported DOE's 
decision to incorporate by reference AHAM DW-1-2020 into the dishwasher 
test procedure at 10 CFR part 430. (AHAM, No. 17 at pp. 1-2) The CA 
IOUs commented that they support several changes DOE has made to 
improve representativeness of the test procedure regarding water 
hardness, relative humidity, and loading pattern. (CA IOUs, No. 19 at 
p. 4)
    GEA commented that it supported comments submitted by AHAM. (GEA, 
No. 20 at p. 2) Whirlpool commented that it supported many of DOE's 
proposals from the December 2021 NOPR, which largely harmonize with 
existing industry standards. (Whirlpool, No. 16 at p. 3)
    AHAM also commented that the 60-day December 2021 NOPR comment 
period and the comment period for the preliminary analysis evaluating 
amended energy conservation standards for dishwashers that DOE 
published on January 24, 2022 (``January 2022 Preliminary Analysis;'' 
87 FR 3450) \7\ overlapped by 30 days and that DOE should have first 
considered stakeholder comments on the major changes proposed in the 
December 2021 NOPR, particularly in light of the scant data DOE 
provided on the docket to support the inclusion of a cleaning 
performance requirement or the performance threshold chosen in the test 
procedure, before proceeding with the energy conservation standard 
itself. (AHAM, No. 17 at p. 18)
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    \7\ The Notification of a Webinar and Availability of the 
Preliminary Technical Support Document for energy conservation 
standards for dishwashers, along with the Preliminary Technical 
Support Document, are available at www.regulations.gov/docket/EERE-2019-BT-STD-0039.
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    AHAM commented that it recognized and supported DOE's interest in 
moving rulemakings forward, especially rules such as the dishwasher 
energy conservation standards and test procedure, which have missed 
statutory deadlines, but DOE should have released the test procedure 
proposal before conducting its preliminary analysis. AHAM suggested 
that this would have provided both commenters and DOE more time to 
understand the impact of a proposed test on potential standards while 
allowing the rulemaking process to move along more swiftly. (AHAM, No. 
17 at pp. 18-19) AHAM commented that DOE's desire to move quickly on 
the standards and test procedure rulemakings was disingenuous, given 
that it had missed statutory deadlines before and diminished the value 
of early stakeholder engagement, which is problematic given the 
significance of the proposal. (AHAM, No. 17 at p. 19)
    In response to AHAM's comment regarding the publication of the 
December 2021 NOPR and the January 2022 Preliminary Analysis, neither 
the prior version nor the current version of DOE's ``Procedures, 
Interpretations, and Policies for Consideration of New or Revised 
Energy Conservation Standards and Test Procedures for Consumer Products 
and Certain Commercial/Industrial Equipment'' (``Process Rule'') 
specify that a final amended test procedure will be issued prior to 
issuing standards pre-NOPR rulemaking documents (e.g., a standards 
preliminary analysis). See 10 CFR part 430, subpart C, appendix A (Jan. 
1, 2020 edition); 86 FR 70892, 70928 (Dec. 13, 2021). Additionally at 
the time the January 2022 Preliminary Analysis was published, the 
current version of the Process Rule was in effect and it generally 
provides that new test procedures and amended test procedures that 
impact measured energy use or efficiency will be finalized at least 180 
days prior to the close of the comment period for a NOPR proposing new 
or amended energy conservation standards. 86 FR 70892, 70928. DOE will 
continue to conduct additional analyses based on this finalized test 
procedure before proposing any new energy conservation standards, and 
stakeholders will be provided an opportunity to comment on any updated 
analysis as part of any proposal published regarding amended standards.

B. Scope of Applicability

    This rulemaking applies to dishwashers. A dishwasher is a cabinet-
like appliance, which with the aid of water and detergent, washes, 
rinses, and dries (when a drying process is included) dishware, 
glassware, eating utensils, and most cooking utensils by chemical, 
mechanical, and/or electrical means and discharges to the plumbing 
drainage system. 10 CFR 430.2. DOE is not amending the scope of the 
dishwasher test procedure.

C. 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. ANSI/AHAM DW-1-2010 includes test methods to 
determine dishwasher cleaning performance and energy and water 
consumption among other tests. ANSI/AHAM DW-1-2010 was superseded by 
AHAM DW-1-2019, which contains updates pertaining to the number of 
place settings, detergent dosage, etc. and includes test methods for 
evaluating cleaning performance, but does not include the measurements 
of energy and water consumption that were previously included in ANSI/
AHAM DW-1-2010. AHAM DW-1-2019 was further superseded by AHAM DW-2-
2020,\8\ which also includes test methods for evaluating cleaning 
performance but does not include test methods for determining energy 
and water consumption. Additionally, AHAM published AHAM DW-1-2020, 
which is an industry test procedure for determining the energy and 
water consumption of dishwashers and updates the relevant energy and 
water consumption test method provisions that were previously specified 
in ANSI/AHAM DW-1-2010. The following paragraphs provide an overview of 
the two most recently published standards, AHAM DW-1-2020 and AHAM DW-
2-2020.
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    \8\ AHAM updated its numbering scheme for dishwasher standards, 
wherein DW-2 measures cleaning performance, whereas DW-1 measures 
energy and water consumption.

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[[Page 3239]]

    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.\9\
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    \9\ 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.
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    AHAM DW-2-2020 supersedes the AHAM DW-1-2019 industry standard, 
which superseded ANSI/AHAM DW-1-2010. 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. In the December 2021 NOPR, DOE 
proposed 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. 86 FR 72738, 72743.
    In the December 2021 NOPR, DOE proposed to incorporate by reference 
into 10 CFR part 430 the currently applicable industry test procedure 
for dishwashers, AHAM DW-1-2020. Id. DOE also proposed to update the 
industry standard incorporated by reference in 10 CFR part 430 from 
ANSI/AHAM DW-1-2010 to AHAM DW-2-2020. Id. In addition, DOE proposed to 
reference in appendix C1 and the new 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. Id. DOE requested 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. Id. DOE sought 
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. Id.
    DOE did not receive any comments on the industry standards 
incorporated by reference, except as discussed in section III.A of this 
final rule. Accordingly, DOE is finalizing its proposal, consistent 
with the December 2021 NOPR, 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.

D. Metrics

    DOE's dishwasher test procedures in 10 CFR 430.23(c) and appendix 
C1 provide results for dishwasher EAEU in kWh/year and water 
consumption in gal/cycle.
    In the December 2021 NOPR, DOE summarized comments it received in 
response to the August 2019 RFI regarding an energy and water use 
metric on a per-place setting basis. 86 FR 72738, 72743. Most 
commenters opposed such a metric, claiming that no correlation exists 
between capacity and energy or water use, a per-place setting metric 
would be confusing for consumers, and it would be dependent on a 
claimed value of place setting capacity. Id. In the NOPR, DOE proposed 
to maintain the current metrics used for measuring dishwasher energy 
and water consumption. 86 FR 72738, 72743.
    DOE did not receive any additional comments on this topic and is 
finalizing its proposal, consistent with the December 2021 NOPR, to 
maintain the current efficiency metrics in appendix C1 and the new 
appendix C2.

E. Test Setup

1. Water Hardness
    The currently applicable appendix C1 does not currently specify any 
water hardness requirement for testing.
    To reduce potential variability across testing facilities, DOE 
proposed in the December 2021 NOPR to incorporate the water hardness 
requirements in section 2.11 of AHAM DW-1-2020, which specifies a 
maximum water hardness of 85 parts per million (``ppm'') of 
CaCO3. 86 FR 72738, 72743. DOE stated in the December 2021 
NOPR that certain manufacturers may already be testing their 
dishwashers according to these water hardness specifications because 
this water hardness requirement is specified in the ENERGY STAR Test 
Method for Determining Residential Dishwasher Cleaning Performance 
(``ENERGY STAR Cleaning Performance Test Method''). Id. at 86 FR 72744. 
DOE explained that AHAM had commented that it expected laboratories 
already have the capability to control water hardness to within these 
specifications. Id. Furthermore, in the December 2021 NOPR, DOE noted 
that nine dishwasher brands are included in the 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. Id. DOE stated in the December 2021 NOPR that 
it did not expect this proposal to be unduly burdensome or impact the 
rated energy and water use of dishwashers. Id.
---------------------------------------------------------------------------

    \10\ ENERGY STAR Most Efficient database. Available at 
www.energystar.gov/most-efficient/me-certified-dishwashers. Last 
accessed July 6, 2022.
---------------------------------------------------------------------------

    Additionally, as described further in section III.H of this 
document, in the December 2021 NOPR, DOE proposed to specify a minimum 
cleaning index threshold as a condition for a valid test cycle, which 
may also be impacted by water hardness. Id. DOE requested comment on 
its proposal to require use of the water hardness requirements from 
section 2.11 of AHAM DW-1-2020. Id.
    The Joint Commenters stated that they supported DOE's proposal to 
incorporate a water hardness specification consistent with AHAM DW-1-
2020. The Joint Commenters agreed that the requirement would add 
clarity to the test procedure and help reduce potential variability 
across testing facilities. (Joint Commenters, No. 18 at p. 1)
    DOE has more recently observed that 12 dishwasher brands are now 
included in the ENERGY STAR's Most Efficient database, indicating that 
many manufacturers are already meeting the specified water hardness 
requirement and have the capability to meet these requirements.\11\ 
Additionally, while DOE is establishing a cleaning performance 
threshold only in the new appendix C2 (as discussed in section III.H of 
this document), since the water hardness requirement is expected to 
support reproducibility of results without increasing test burden for 
testing facilities, DOE is finalizing its proposal to require use of 
the water hardness requirements from section 2.11 of AHAM DW-1-2020 in 
both appendix

[[Page 3240]]

C1 and the new appendix C2, consistent with the December 2021 NOPR.
---------------------------------------------------------------------------

    \11\ The ENERGY STAR Program recently also finalized the ENERGY 
STAR V. 7.0 Specification for dishwashers, which includes a cleaning 
performance requirement for any dishwasher seeking the ENERGY STAR 
label. This specification does not go into effect until July 19, 
2023. See ENERGY STAR Version 7.0 Residential Dishwasher Final 
Specification Cover Letter.
---------------------------------------------------------------------------

2. Relative Humidity
    The currently applicable appendix C1 does not specify an ambient 
relative humidity for testing.
    In the December 2021 NOPR, DOE proposed 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. 86 
FR 72738, 72744. DOE also proposed to include this same requirement in 
the new appendix C2. Id.
    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). 86 FR 72738, 72744. 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. Id. 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.\12\ Id. Establishing a relative humidity requirement would 
limit any such potential variation and increase repeatability and 
reproducibility of test results. Id. As discussed, the proposed 
relative humidity requirement is the same as the requirement in AHAM 
dishwasher standards, indicating that this reflects current industry 
practice. Id. As such, DOE stated in the December 2021 NOPR that it 
does not expect this requirement to increase test burden as compared to 
current industry practice. Id.
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    \12\ See section III.H of this document for more details.
---------------------------------------------------------------------------

    In conjunction with this proposed relative humidity test condition, 
in the December 2021 NOPR, DOE also proposed 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. 86 FR 72738, 72744.
    DOE stated in the December 2021 NOPR that it had compared this 
proposed requirement to the relative humidity measuring device 
requirements currently specified in other DOE test procedures. 86 FR 
72738, 72744. 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 stated in the December 2021 
NOPR that its 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. Id.
    In the December 2021 NOPR, DOE requested 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. 
Id. at 86 FR 72744-72745. DOE also requested data regarding the impact 
of relative humidity on dishwasher energy and water usage. Id. at 86 FR 
72744.
    DOE did not receive any comments on this topic. Based on the 
reasons already discussed in this section, DOE is finalizing its 
proposal, consistent with the December 2021 NOPR, to reference AHAM DW-
1-2020 for the relative humidity and associated instrumentation 
requirements in appendix C1 and the new appendix C2.
3. Ambient Temperature
    Section 2.5.1 of the currently applicable appendix C1 specifies an 
ambient temperature of 75 [deg]F 5 [deg]F for active mode 
testing.
    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. In the December 2021 NOPR, DOE proposed to 
reference these ambient temperature requirements in AHAM DW-1-2020 in 
appendix C1 and the new appendix C2. 86 FR 72738, 72745. DOE stated 
that this proposed amendment would improve repeatability and 
reproducibility of results, while minimizing additional test burden, 
and that as the amendment is consistent with the industry standard, it 
reflects current industry practice. Id. Additionally, this amendment is 
consistent with the approach used to specify ambient temperature in the 
clothes washer test procedure at appendix J2. Id.
    DOE requested 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. 86 FR 72738, 72745.
    The CA IOUs recommended that DOE would be able to more effectively 
accomplish its goal of improving repeatability and reproducibility of 
the test method by specifying an average temperature tolerance to the 
ambient temperature condition in addition to the existing 75  5 [deg]F minimum and maximum ambient temperature tolerance, 
rather than use ambiguous language of a ``target temperature.'' (CA 
IOUs, No. 19 at pp. 3-4)
    DOE understands the CA IOUs' concern but notes that the intent of 
the ambient temperature requirement has always been to conduct the test 
at 75 [deg]F, or as close to it as feasible, to the extent possible. 
The goal of adding ``target temperature'' in the requirement is to 
emphasize this point. Additionally, DOE does not have data to determine 
the appropriate tolerance for the average temperature that would ensure 
that the temperature stays as close to 75 [deg]F as possible.
    For the reasons stated above, DOE is finalizing its proposal, 
consistent with the December 2021 NOPR, specifying a target nominal 
ambient temperature of 75 [deg]F for active mode testing, as referenced 
from AHAM DW-1-2020, in appendix C1 and the new appendix C2.
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 the currently 
applicable appendix C1. 82 FR 17227

[[Page 3241]]

(Case No. DW-12).\13\ 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. Id. at 82 FR 17228-17229.
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    \13\ All materials regarding the Miele waiver are available in 
docket EERE-2016-BT-WAV-0039 at www.regulations.gov.
---------------------------------------------------------------------------

    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 that is comparable to 
the Miele waiver.
    As soon as practicable after the granting of any waiver, DOE is 
required to publish in the Federal Register a NOPR 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 proposed in the 
December 2021 NOPR to reference these requirements in appendix C1 and 
the new appendix C2 for dishwashers that operate at 208 volts. 86 FR 
72738, 72745.
    In the December 2021 NOPR, DOE requested 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. Id.
    DOE did not receive any comments on this topic. DOE is finalizing 
its proposal, consistent with the December 2021 NOPR, 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).\14\ In the December 2021 NOPR, DOE proposed 
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. 86 FR 72738, 72745.
---------------------------------------------------------------------------

    \14\ All materials regarding the CNA waiver are available in 
docket EERE-2020-BT-WAV-0024 at www.regulations.gov.
---------------------------------------------------------------------------

    Specifically, DOE proposed the following provisions in appendix C1 
and the new appendix C2 for testing such models:

    (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 the water consumption as 
4.8 liters).

86 FR 72738, 72746.
    In the December 2021 NOPR, DOE requested comment on its proposal to 
incorporate the requirements of the CNA waiver for any dishwasher with 
a built-in reservoir. Id. In particular, DOE requested 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. Id.
    DOE did not receive any comments on this topic and is finalizing 
its proposal, consistent with the December 2021 NOPR, to incorporate 
the requirements of the CNA waiver for any dishwasher with a built-in 
reservoir in appendix C1 and the new appendix C2.
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 the currently applicable 
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 21 5/16 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.
    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).\15\ Specifically, according to the published FOTILE waiver, 
FOTILE is required to test compact in-sink dishwashers using the 
currently applicable appendix C1 with modifications to install these 
dishwasher basic models from the top of a rectangular enclosure (as 
opposed to the front). Id. at 86 FR 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. Id. at 86 FR 26714-26715.
---------------------------------------------------------------------------

    \15\ 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).
    In the December 2021 NOPR, DOE proposed 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. 86 FR 72738, 72746. 
Specifically, DOE proposed 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-

[[Page 3242]]

sink dishwashers. Id. For such dishwashers, DOE proposed that the 
rectangular enclosure must consist of a front, a back, two sides, and a 
bottom. Id. 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 proposed that the height of the 
enclosure must be as specified in the manufacturer's instructions for 
installation height. Id. If no instructions are provided, DOE proposed 
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. Id. DOE also proposed that the 
dishwasher must be installed from the top and mounted to the edges of 
the enclosure. Id.
    In the December 2021 NOPR, DOE requested 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. Id.
    DOE did not receive any comments on this topic and is finalizing 
its proposal, consistent with the December 2021 NOPR, 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. Id. at 86 FR 26715. In the December 
2021 NOPR, DOE proposed to incorporate the provisions for detergent 
placement specified in the FOTILE waiver into both appendix C1 and the 
new appendix C2, generalizing this provision such that it would be 
applicable to any dishwasher that does not have a detergent 
compartment. 86 FR 72738, 72746.
    In the December 2021 NOPR, DOE requested 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. Id. at 86 FR 72746-72747.
    AHAM commented that the language pertaining to the detergent amount 
and placement in the FOTILE waiver was broad and would conflict with 
the detergent placement provisions of the current DOE dishwasher test 
procedure. (AHAM, No. 17 at p. 17) AHAM stated the following concerns: 
(1) the proposed requirement was too prescriptive in specifying that 
the detergent be placed directly in the ``wash chamber'' and eliminated 
the possibility for the manufacturer to specify an alternate location, 
which is allowed in the current test procedure; (2) the term ``main 
wash compartment,'' as found in section 2.10 of the current test 
procedure, is not defined and could be interpreted as being synonymous 
with ``wash chamber''; and (3) the proposed language removed reference 
to section 2.10.1 of appendix C1, thus eliminating the option of adding 
prewash detergent in another location as may be specified by the 
manufacturer. (Id.)
    AHAM proposed adding the phrase ``or other location recommended by 
the manufacturer,'' as currently specified in section 2.10 of appendix 
C1, which would be in line with AHAM's view of the current test 
procedure's intent and leave open the possibility of alternative 
designs for this dishwasher type and others that may follow. (AHAM, No. 
17 at pp. 17-18)
    AHAM suggested that DOE should update the language in section 2.10 
of appendix C1 to remove the following language proposed in the 
December 2021 NOPR, ``For compact in-sink dishwashers with a 
combination sink that have neither prewash program nor a main detergent 
compartment, determine the amount of main wash detergent (in grams) to 
be added directly into the washing chamber according to section 2.10.2 
of this appendix'' and instead add the phrase, ``or other location 
recommended by the manufacturer'' following the words ``main wash 
compartment'' in the clause. (Id.)
    DOE's intent with the requirement specified in the FOTILE waiver as 
well as the December 2021 NOPR was to require that, should the 
dishwasher not have a main wash detergent compartment and the 
manufacturer does not specify a location for the placement of the 
detergent, the detergent must be placed directly into the washing 
chamber. To clarify this instruction, in this final rule, DOE is 
updating the language in section 2.6 of appendix C1 and the new 
appendix C2 regarding placement of the detergent to note that if no 
main wash compartment is provided and no location is recommended by the 
manufacturer for the main wash detergent, the main wash detergent must 
be placed directly into the dishwasher chamber.
8. Water Meter
    Section 3.3 in Appendix C1 specifies that the water meter must have 
a resolution of no larger than 0.1 gallons and a maximum error no 
greater than 1.5 percent of the measured flow rate for all 
water temperatures encountered in the test cycle. These same 
requirements are also specified in section 3.3 of AHAM DW-1-2020, and 
DOE did not propose any changes to these requirements in the December 
2021 NOPR.
    AHAM commented that the proposed allowances for resolution and flow 
rate error for the water meter are too large and have the potential to 
introduce uncertainty in the measurement, negatively impacting 
repeatability and reproducibility. (AHAM, No. 17 at p. 16) AHAM stated 
that manufacturers often account for this by introducing additional 
margin in their per-cycle water usage. (Id.) AHAM provided an example 
that for a dishwasher approaching the current DOE standard for water 
consumption of 5.0 gallons per cycle, a resolution of 0.1 would 
introduce an error of 2.0 percent, increasing to 2.9 percent for dishwashers at the ENERGY STAR V. 6.0 level of 
3.5 gallons per cycle. (Id.) AHAM explained that adding in a maximum of 
1.5 percent error of the measured flow rate, a root mean 
square uncertainty calculation would yield a measurement uncertainty of 
2.5 percent for a unit using 5.0 gallons per cycle and 
3.3 percent for a unit using 3.5 gallons per cycle. (Id.) 
Accordingly, AHAM recommended revising the test procedure specification 
for the water meter to specify a minimum resolution of 0.01 gallons and 
a maximum flow rate measurement error of 0.5 percent. AHAM 
stated that the technology was widely available to meet these 
tolerances and that these specifications would further enhance 
repeatability and reproducibility. (Id.)
    As discussed in a final rule to establish new and amended clothes 
washers test procedures, DOE noted that most, if not all, third-party 
laboratories already have water meters with more precise resolution. 87 
FR 33316, 33324-33325 (June 1, 2022). Additionally, DOE estimated the 
cost of a water meter that provides a resolution of 0.01 gallons, 
including associated hardware, to be around $600 for each device. Id. 
However, DOE did not discuss water meter resolution in the December 
2021 NOPR and has not provided stakeholders an opportunity to provide 
feedback on this topic. Therefore, DOE is not changing the water meter 
resolution requirements at this time.

[[Page 3243]]

DOE will consider AHAM's comment in a future rulemaking. Additionally, 
DOE notes that manufacturers and laboratories that already have water 
meters with a resolution of 0.01 gallons, could use such water meters 
when testing dishwashers according to the currently applicable appendix 
C1 as well as the amended appendix C1 and new appendix C2.

F. Test Cycle Amendments

1. Cycle Selections
    In the December 2021 NOPR, DOE proposed to continue using the 
normal cycle for dishwasher testing, unless the normal cycle did not 
meet a specified cleaning index threshold at any soil-load, in which 
scenario DOE proposed that the most energy-intensive cycle be tested 
and used for certification purposes at that soil load (see section 
III.H of this document for further detail). 86 FR 72738, 72747. In the 
December 2021 NOPR, DOE stated that this alternative approach would 
better represent an average use cycle by capturing those consumers that 
may select other cycle types for washing dishes if the cleaning 
performance of the normal cycle did not meet their expectations, 
because higher energy use provides increased thermal and mechanical 
action for removing soils, thus correlating generally with improved 
cleaning performance. Id. DOE also did not propose to add any 
additional cycle options to the tested normal cycle. Id.
    Whirlpool commented that since the normal cycle is still 
overwhelmingly the cycle type most used by consumers, the current test 
method is already representative of typical consumer usage and it would 
be inappropriate to possibly mandate that the most energy-intensive 
cycle be used for testing and certification. (Whirlpool, No. 16 at p. 
4)
    Whirlpool commented that consumers consider their dishes/items, 
soil level, fullness of the dishwasher, efficiency, type of soils, past 
experiences, and cycle time when considering which cycle types and 
options to run. (Whirlpool, No. 16 at pp. 4-5) Whirlpool also commented 
that consumers running a load of heavily-soiled dishes with hard-to-
clean soils may be likely to select a more energy-intensive cycle than 
the normal cycle. Whirlpool additionally commented that it does not 
recommend these possible more energy-intensive cycles to consumers for 
daily, typical, or regular use for normally soiled dishes. (Id.)
    DOE proposed in the December 2021 NOPR to maintain the use of the 
normal cycle for testing dishwashers. The most energy-intensive cycle 
was proposed only if the normal cycle did not meet the proposed 
cleaning index threshold, which would indicate that the normal cycle 
was not providing a consumer-acceptable level of cleaning performance 
(i.e., the normal cycle was not a representative average use cycle). 
For such dishwashers, DOE expects that consumers would use a more 
energy-intensive cycle type, since increased energy and/or water use 
would likely improve cleaning performance. Therefore, to ensure that 
the dishwasher test procedures are reasonably designed to produce test 
results which measure energy use during a representative average use 
cycle and are not unduly burdensome to conduct, in accordance with EPCA 
(42 U.S.C. 6293(b)(3)), the normal cycle must be the cycle type used 
for testing, unless it does not meet the minimum cleaning index 
threshold specified in the new appendix C2 at a particular soil level, 
in which case the most energy-intensive cycle shall be used for testing 
and certification purposes.
    For the reasons stated above, DOE is finalizing its proposal, 
consistent with the December 2021 NOPR, to maintain the dishwasher test 
cycle selections and cycle options to the tested normal cycle, except 
with regard to validating the test cycle type pursuant to the minimum 
cleaning index included in the new appendix C2. See section III.H of 
this final rule for further discussion regarding cleaning performance.
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.\16\
---------------------------------------------------------------------------

    \16\ 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 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.
    In the December 2021 NOPR, DOE summarized comments it received in 
response to the August 2019 RFI regarding the drying energy for a 
dishwasher that employs heated rinse. 86 FR 72738, 72747-72748. 
Commenters opposed the addition of cycle options, including a power-dry 
option. However, as noted in the December 2021 NOPR, appendix C1 
already requires testing of a power-dry cycle option, if available. 86 
FR 72738, 72748. Accordingly, DOE did not propose any changes to the 
measurement of drying energy to accommodate units that use heated rinse 
to achieve drying. Id. DOE stated that 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. Id. For units 
that use heated rinse to achieve drying, DOE initially determined in 
the December 2021 NOPR 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. Id. For these reasons, DOE did not propose any

[[Page 3244]]

changes to the existing requirements for measuring drying energy in the 
December 2021 NOPR. Id.
    DOE did not receive any comments on this topic and is maintaining 
the existing requirements for measuring drying energy.
3. Annual Number of Cycles
    Section 5.7 of the currently applicable 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 a final rule published on August 29, 2003, relying on data 
from several sources on consumer dishwasher usage behavior, including 
the 1997 version of the Residential Energy Consumption Survey 
(``RECS''), several consumer dishwasher manufacturers, detergent 
manufacturers, energy and consumer interest groups, independent 
researchers, and government agencies. 68 FR 51887, 51889-51890.
    In the December 2021 NOPR, DOE proposed to update the current 
annual cycles estimate to reflect more recent trends in dishwasher 
usage. 86 FR 72738, 72748. DOE's analysis of 2015 RECS data indicates 
annual use of 185 cycles.\17\ AHAM also specifies a value of 184 cycles 
per year in AHAM DW-1-2020 based on industry consensus. DOE thus 
proposed in the December 2021 NOPR to amend the current annual number 
of cycles estimate from 215 to 184 cycles, through reference to AHAM 
DW-1-2020. Id. at 86 FR 72748-72749. The proposed value closely aligns 
with DOE's analysis of 2015 RECS data. In the December 2021 NOPR, DOE 
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. Id. at 86 FR 
72749.
---------------------------------------------------------------------------

    \17\ In the 2015 RECS, the Energy Information Administration 
(``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 noted in the December 2021 NOPR that the existing energy 
conservation standards are based on the EAEU as determined under the 
current test procedure. Id. As such, DOE noted that the use of the 184 
cycles-per-year value would be in conjunction with any future amended 
energy conservation standards for dishwashers that account for the 
updated annual cycle value. Accordingly, in the December 2021 NOPR, DOE 
proposed to specify this requirement in the new appendix C2. Id. 
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 requested input on its proposal to update the estimated number 
of annual cycles from 215 to 184 cycles per year for future 
calculations of EAEU. Id. DOE also requested 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. Id.
    DOE did not receive any comments on this topic. DOE notes that RECS 
2020 microdata was released in July 2022, from which DOE estimated that 
the number of annual dishwasher cycles increased to 196.5 cycles per 
year.\18\ DOE does not have sufficient information to determine whether 
this value, obtained from surveys of consumers during the coronavirus-
19 pandemic, is representative of overall average consumer use of 
dishwashers as compared to the estimate of 184 cycles per year proposed 
in the December 2021 NOPR, due to potentially different usage patterns 
of dishwashers by consumers during the coronavirus-19 pandemic. 
Accordingly, DOE is finalizing its proposal, consistent with the 
December 2021 NOPR, to update the number of annual cycles from 215 to 
184 cycles per year for future calculations of EAEU in the new appendix 
C2 and to require the use of the new appendix C2 with the updated 
annual number of cycles for compliance with any amended energy 
conservation standards.
---------------------------------------------------------------------------

    \18\ 2020 RECS Survey Data. Available at: www.eia.gov/consumption/residential/data/2020/index.php?view=microdata.
---------------------------------------------------------------------------

G. 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 December 2021 NOPR and in response to comments received on 
the August 2019 RFI, DOE noted that no data has been presented that 
would justify changing the test load items at that time. 86 FR 72738, 
72749. Although no data was presented regarding the use of plastic 
items, DOE stated in the December 2021 NOPR that it 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. Id.
    DOE stated in the December 2021 NOPR that it observed that some of 
the test load items specified in the currently applicable 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. Id. As presented 
in the December 2021 NOPR, the test load items as stated in the current 
appendix C1 and AHAM DW-2-2020 are shown in Table III.1. Id. at 86 FR 
72749-72750.

                                 Table III.1--Test Load Items in the Currently Applicable 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.

[[Page 3245]]

 
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 OR            inch (24.1cm by
                                      #6011655.                                                              ALTERNATE              19.1cm). Round--8.5
                                                                                                             Corelle[supreg]        inch (21.6cm).
                                                                                                             #5256290.
Glass--Iced Tea....................  Libbey #551HT.........  ......................  .....................  Libbey #551HT........  12.5 oz.
Flatware--Knife....................  Oneida[supreg]--Accent  ......................  WMF--Gastro 0800       WMF 12.0803.6047.....
                                      2619KPVF.                                       12.0803.6047.
Flatware--Dinner Fork..............  Oneida[supreg]--Accent  ......................  WMF--Signum 1900       WMF 12.1905.6040.....
                                      2619FRSF.                                       12.1905.6040.
Flatware--Salad Fork...............  Oneida[supreg]--Accent  ......................  WMF--Signum 1900       WMF 12.1964.6040.....
                                      2619FSLF.                                       12.1964.6040.
Flatware--Teaspoon.................  Oneida[supreg]--Accent  ......................  WMF--Signum 1900       WMF 12.1910.6040.....
                                      2619STSF.                                       12.1910.6040.
Flatware--Serving Fork.............  Oneida[supreg]--Flight  ......................  WMF--Signum 1900       WMF 12.1902.6040.....
                                      2865FCM.                                        12.1902.6040.
Flatware--Serving Spoon............  Oneida[supreg]--Accent  ......................  WMF--Signum 1900       WMF 12.1904.6040.....
                                      2619STBF.                                       12.1904.6040.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    For the cup, saucer, and flatware items, the alternate options 
listed in the currently applicable 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 specify 
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 
stated in the December 2021 NOPR that it understands that the 
Corelle[supreg] model numbers listed in the currently applicable 
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. Id. at 86 FR 72750. 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 the currently applicable appendix C1. Therefore, in the 
December 2021 NOPR, DOE proposed to reference section 2.7.1 of AHAM DW-
1-2020, which specifies that the test load must be as stated in section 
3.4 of AHAM DW-2-2020. Id. Specifically, DOE proposed to 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. Id.
    In the December 2021 NOPR, DOE also proposed to continue including 
the test load items specified in the currently applicable appendix C1 
as alternate options, so that test laboratories can continue using the 
existing test load if they already have these items. Id. 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 requested 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. Id.
    DOE did not receive any comments on this topic and is finalizing 
its proposal, consistent with the December 2021 NOPR, to specify 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
    As stated in the December 2021 NOPR, the soil load specified in the 
currently applicable 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. 86 FR 72738, 72751. DOE also stated that 
DOE did 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 and therefore, DOE did not propose a field use factor 
for appendix C1 or the proposed new appendix C2 in the December 2021 
NOPR. Id. DOE additionally requested feedback and data regarding 
soiling level and whether there have been changes to consumers' pre-
rinsing behavior. Id. DOE also sought information regarding the impact 
of different soil levels on energy and water use in dishwashers 
currently on the market. Id.
    Section 2.7.4 of the currently applicable 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 the currently applicable 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 \2/3\ 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.

[[Page 3246]]

     Ground beef. The 1-pound packages of ground beef shall be 
stored frozen for no more than 6 months.
    In the December 2021 NOPR, DOE noted that Table 3 in section 5.4 of 
AHAM DW-2-2020 specifies Fleischmann's\TM\ Original Stick margarine and 
Folgers\TM\ Classic Decaf coffee, consistent with DOE's substitutions 
in section 2.7.4 of the currently applicable appendix C1. Id. These 
AHAM DW-2-2020 soiling specifications are also referenced in section 
2.7.4 of AHAM DW-1-2020. Therefore, in the December 2021 NOPR, DOE 
proposed 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. Id.
    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, in the December 2021 NOPR, DOE proposed 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. Id.
    DOE requested 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. Id. DOE particularly requested data and information on 
how the proposed soil composition would affect energy and water use in 
current dishwashers. Id.
    Samsung commented that pre-rinsing drastically increases the water 
and energy use beyond what the test procedure measures today and cited 
a Lawrence Berkeley National Laboratory (``LBNL'') survey which 
indicated that 55 percent of consumers pre-rinse dishes.\19\ (Samsung, 
No. 21 at p. 3)
---------------------------------------------------------------------------

    \19\ ``Dishwashers in the Residential Sector: A Survey of 
Product Characteristics, Usage, and Consumer Preferences.'' Section 
4.3.2.1. Available at www.osti.gov/biblio/1827934. Last accessed 
July 6, 2022.
---------------------------------------------------------------------------

    Samsung commented that it believes the consumer advocacy by 
dishwasher manufacturers, consumer advocates, detergent manufacturers, 
and the Environmental Protection Agency to educate consumers against 
pre-rinsing would only be successful if consumers believe their 
dishwasher will provide satisfactory cleaning without pre-rinsing. 
(Id.; Samsung, Public Meeting Transcript, No. 22 at p. 7) To that end, 
Samsung recommended that DOE consider updating soil loads that do not 
assume pre-rinsing by introducing heavier test soil loads that match 
the best practice of scraping foods off the plates rather than the soil 
levels one would find after pre-rinsing dishes with water. (Id.)
    During the December 2021 NOPR public meeting, the CA IOUs commented 
that the soil loads used for the DOE test procedure should be 
representative. The CA IOUs further commented that the soil loads 
should be more representative of scraping compared to pre-rinsing as it 
would be more beneficial from energy and water savings perspective. (CA 
IOUs, Public Meeting Transcript, No. 22 at pp. 43-44) In written 
comments, the CA IOUs commented that the soil loads as defined by AHAM 
DW-2-2020 do not align with the definition of a ``normal cycle'' as 
being recommended for typical use with a ``full load of normally soiled 
dishes,'' because they do not believe a normally soiled load of dishes 
is at most half soiled (as is implied by the soil level of ``heavy'' 
load in AHAM DW-2-2020) and the medium and light soil loads include a 
majority of clean dishes. (CA IOUs, No. 19 at p. 2) The CA IOUs 
commented that DOE should therefore consider increasing the number of 
tableware that are soiled as part of the cleaning performance test. 
(Id.)
    The soil loads specified in the currently applicable appendix C1, 
which are the same as the soil loads specified in AHAM DW-2-2020, have 
been developed by DOE to produce a measure of energy and water use of 
soil-sensing dishwashers in a representative usage cycle. While the 
soils are only applied to some of the place settings at each soil load, 
these soils represent the total quantities of soils that would enter a 
dishwasher for a fully soiled load of dishes at the various soil 
levels. DOE does not have, nor did commenters submit, any specific 
information about the types of soils that would be used to reflect pre-
rinsing, or lack thereof, or the consumer relevance of such soils. 
Absent such data, DOE is finalizing its proposal, consistent with the 
December 2021 NOPR, 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 is also 
finalizing its proposal, consistent with the December 2021 NOPR, 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. Finally, the new appendix C2 
mirrors the language in the amended appendix C1.
3. Loading Pattern
    Section 2.6 of the currently applicable 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 December 2021 NOPR, DOE recognized 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. 86 FR 72738, 72751. 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. 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. In the December 2021 NOPR, DOE proposed 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. 
Id. Additionally, DOE proposed that 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 the proposed cleaning index threshold (discussed in 
section III.H of this document). Id. DOE requested input on its 
proposal to use the loading requirements specified in section 2.6.3.4 
of AHAM DW-1-2020. Id.
    AHAM commented that DOE had no data to support that specifying a 
loading pattern requirement would improve the repeatability of the test 
procedure and reproducibility of the results, especially as it pertains 
to determining the cleaning performance of dishwashers. (AHAM, No. 17 
at p. 10)
    The Joint Commenters stated that they supported the proposal to 
include the loading pattern requirements specified in AHAM DW-1-2020, 
explaining that the current lack of specificity with regards to loading 
pattern can impact repeatability and reproducibility of test results. 
(Joint Commenters, No. 18 at pp. 1-2)
    The ENERGY STAR Cleaning Performance Test Method specifies the same 
loading pattern that DOE proposed in the December 2021 NOPR. During 
development of the ENERGY STAR

[[Page 3247]]

Cleaning Performance Test Method, DOE noted that the loading pattern 
had minimal effect on cleaning performance; however, DOE specified 
loading patterns that distribute the soils throughout the dishwasher as 
evenly as possible to ensure consistency from test laboratory to test 
laboratory.\20\ In the absence of any additional data, DOE maintains 
that given that the test load does not include all soiled items (i.e., 
only some of the place settings are soiled while others are clean), the 
placement of the soiled items may impact soil sensor response or the 
cleaning index, especially if a given unit does not uniformly clean all 
items within the wash chamber. Therefore, specifying the placement of 
the clean and soiled items for each test would ensure that the test is 
run consistently each time.
---------------------------------------------------------------------------

    \20\ ENERGY STAR[supreg] Program Requirements. Product 
Specification for Residential Dishwashers. Draft 1 Test Method for 
Determining Residential Dishwasher Cleaning Performance. Rev. Feb.-
2012. www.energystar.gov/sites/default/files/specs//Draft_1_Test_Method_Dishwasher_Cleaning_Performance.pdf.
---------------------------------------------------------------------------

    For the reasons stated previously, DOE is finalizing its proposal, 
consistent with the December 2021 NOPR, to use the loading requirements 
specified in section 2.6.3.4 of AHAM DW-1-2020 in appendix C1 and the 
new appendix C2.
4. Preconditioning Cycles
    Section 2.9 of the currently applicable 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 pump, successful sensor calibration, and machine cleaning 
without adding significant test burdens.
    In the December 2021 NOPR, DOE did not propose to modify the 
requirement for two preconditioning cycles currently in appendix C1, 
and proposed to apply this requirement to the new appendix C2.
    DOE did not receive any comments on this topic and is maintaining 
the requirement for two preconditioning cycles currently in appendix C1 
and is applying 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 prewash (if available) and main wash compartments, 
which is based on the prewash (if available) and main-wash water 
volumes, respectively.
    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 \21\ 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 for detergent 
formulation as well as dosage.
---------------------------------------------------------------------------

    \21\ DOE participated in AHAM's task force for the development 
of AHAM DW-1-2020. Stakeholders mentioned during the AHAM task force 
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.\22\ 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.
---------------------------------------------------------------------------

    \22\ As discussed, the detergent dosage for the currently 
applicable 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.
---------------------------------------------------------------------------

    In the December 2021 NOPR, DOE presented preliminary data comparing 
the energy and water use of four dishwashers when tested according to 
the current detergent and dosing method and the new detergent and 
dosing method. 86 FR 72738, 72752-72753. In the December 2021 NOPR, DOE 
noted that given the small sample size of only four test units, DOE 
believed 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. Id.
    Given the uncertainty about whether the new detergent and dosing 
requirements would impact the energy and water consumption of 
dishwashers, in the December 2021 NOPR, DOE proposed that both the 
current detergent and dosage requirements as well as the new detergent 
and new dosage requirements would be allowable to use for testing 
according to appendix C1. Id. at 86 FR 72753. By maintaining the use of 
the current detergent and dosing requirements, manufacturers would not 
be required to re-test currently certified dishwashers. Because DOE 
proposed 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 proposed in the December 2021 NOPR to specify only the 
new detergent and dosage requirements from AHAM DW-1-2020. Id.
    The current dosage requirements specify detergent dosage based on 
water volume, which requires distinguishing the water used in the 
prewash from the

[[Page 3248]]

water used in the main wash. In the December 2021 NOPR, DOE stated that 
it has observed, and stakeholders have also expressed, that uncertainty 
in differentiating the prewash and main-wash cycles to estimate 
detergent dosage could be a potential source of test variation. Id. As 
stated, the new detergent dosage is based on the number of place 
settings, rather than measurement of prewash 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 
prewash and main-wash water volumes.
    DOE requested 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. Id. The use of either set of detergent 
requirements would be allowable for testing under appendix C1. DOE also 
requested comment on the detergent currently being used by 
manufacturers and test laboratories for testing and certification of 
dishwashers. Id.
    DOE stated that 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. Id. DOE 
also welcomed comments and data on the impact of the new detergent and 
dosage on energy and water use. Id.
    DOE did not receive any written comments in response to this topic. 
During the December 2021 NOPR public meeting, Fisher & Paykel noted 
that AHAM DW-2-2020 specifies 1.8 grams of detergent per place setting, 
but AHAM DW-1-2020 specifies to use half of that quantity for the 
energy and water consumption tests. Fisher & Paykel additionally noted 
that cleaning performance would also be evaluated using half the 
quantity of detergent that is specified in AHAM DW-2-2020 (the standard 
that specifies the cleaning performance test method). Fisher & Paykel 
stated that DOE's proposal would require meeting the proposed cleaning 
index threshold using only half as much detergent. (Fisher & Paykel, 
Public Meeting Transcript, No. 22 at p. 56)
    DOE notes that while AHAM DW-1-2020 specifies half the quantity of 
detergent compared to AHAM DW-2-2020, the number of soiled place 
settings are also fewer when testing is conducted according to AHAM DW-
1-2020 compared to AHAM DW-2-2020. Specifically, AHAM DW-2-2020 
requires eight place settings to be soiled when conducting the test, 
while sections 2.6.3.1, 2.6.3.2, and 2.6.3.3 of AHAM DW-1-2020 require 
four, two, and one place settings to be soiled for the heavy, medium, 
and light soil loads, respectively. Additionally, DOE's goal in 
specifying the cleaning performance threshold is to evaluate cleaning 
performance on the same cycles that are used to evaluate energy and 
water use. Therefore, DOE believes it is appropriate to use the same 
amount of detergent to evaluate cleaning performance as is used to 
determine energy and water use.
    In this final rule, DOE finalizes its proposal, consistent with the 
December 2021 NOPR, 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. 
Additionally, DOE is finalizing its proposal, consistent with the 
December 2021 NOPR, to adopt in the new appendix C2 only the new 
detergent and new dosage requirements as specified in AHAM DW-1-2020.
6. Rinse Aid
    Section 2.1 of the currently applicable appendix C1 requires that 
testing be conducted without the use of rinse aid, and that any rinse 
aid reservoirs remain empty for testing. In the December 2021 NOPR, DOE 
maintained 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. 86 FR 72738, 72754. 
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 did not propose 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 proposed to reference in the 
December 2021 NOPR. Id.
    During the December 2021 NOPR public meeting, Electrolux questioned 
if cleaning performance would be evaluated for soils only, without 
evaluating spots, streaks, and rack contact marks, due to the lack of 
the use of rinse aid during the energy and water consumption tests. 
(Electrolux, Public Meeting Transcript, No. 22 at p. 19) AHAM commented 
that if DOE moves forward with a cleaning performance metric, DOE 
should evaluate either the use of rinse aid to decrease variation in 
scoring or running the energy test without rinse aid and adjusting the 
scoring to only score soils and not spots or streaks on glassware. 
(AHAM, No. 17 at p. 15) During the October 2022 ex parte meeting, AHAM 
commented that DOE's test procedure should not include the use of rinse 
aid and the test load should be score based only on soil particles, 
without including scores for spots or streaks. (AHAM, No. 27 at p. 40)
    Whirlpool stated that if DOE finalizes its proposals to include a 
minimum cleaning index requirement, Whirlpool recommended that rinse 
aid be a requirement. Whirlpool explained that the use of rinse aid 
improves repeatability and lowers variation in a dishwasher performance 
test, including making glasses and silverware easier to accurately 
score. (Whirlpool, No. 16 at p. 10; see also Whirlpool, No. 16 at p. 4) 
Whirlpool also commented that it would assist DOE in determining the 
appropriate amount of rinse aid to specify in the test procedure. 
(Whirlpool, No. 16 at p. 10)
    Whirlpool also commented that if DOE does not finalize the test 
procedure with a cleaning index requirement, Whirlpool maintains its 
existing position that rinse aid is not needed in a test that only 
assesses energy and water consumption, since rinse aid does not impact 
energy and water use. (Id.)
    DOE recognizes that the use of rinse aid, or lack thereof, can 
impact the scoring of spots or streaks on glassware. Given DOE is not 
specifying the use of rinse aid, as discussed in section III.H of this 
document, DOE has updated the cleaning index calculation to score only 
soils and not include the scores of spots, streaks, or rack contact 
marks on the glassware because, as noted by commenters, the lack of use 
of rinse aid would impact the scores of spots, streaks, and rack 
contact marks.
    This final rule does not require the use of rinse aid in appendix 
C1 or the new appendix C2, consistent with the specifications in AHAM 
DW-1-2020 and the currently applicable DOE test procedure.
7. Water Softener Regeneration Cycles
    In the October 2012 Final Rule, DOE adopted a method for measuring 
the energy consumed during regeneration

[[Page 3249]]

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 response to the August 2019 RFI, DOE did not receive 
any comment regarding the energy and water use during water softener 
regeneration cycles, and thus did not propose any changes in the 
December 2021 NOPR with regards to water softener regeneration cycles, 
aside from maintaining the associated definitions and calculations 
specified in AHAM DW-1-2020. 86 FR 72738, 72754.
    AHAM commented that dishwashers with built-in water softeners 
should be tested in the as-shipped condition, where the default 
typically is that the water softeners are turned off, rather than 
tested with the water softener activated since it does not expect 
consumers to use the water softener function often due to the high 
prevalence of home water softeners in the United States. (AHAM, No. 17 
at p. 15) AHAM commented that it does not believe this will have a 
statistically significant impact on energy usage. (Id.) Whirlpool 
commented that it supported AHAM's position on the technical issues 
concerning built-in water softener dishwashers. (Whirlpool, No. 16 at 
p. 2)
    AHAM has not submitted any data to support its claim that 
dishwashers with water softeners typically have the water softener 
turned off. DOE notes that the current test procedure accounts for the 
additional energy and water use associated with water softener 
regeneration cycles as a manufacturer-reported value that is added to 
the tested values for the calculation of EAEU, EAOC, and water 
consumption. In the June 2011 BSH Corporation (``BSH'') Decision and 
Order, BSH included a 50-percent deduction in energy and water based on 
an estimate that at least 50 percent of homes already have a water 
softening system. 76 FR 38144, 38145. In this Decision and Order, DOE 
noted that BSH submitted no data to support this claim. Id. DOE further 
stated that to maintain the same methodology used in a similar waiver 
granted to Whirlpool, DOE was not including the 50-percent deduction in 
its final waiver for BSH. Id. In the absence of additional data, DOE's 
position remains the same as that stated in the June 2011 BSH Decision 
and Order.
    Accordingly, DOE is finalizing its proposal, consistent with the 
December 2021 NOPR, to maintain the associated definitions and 
calculations specified in AHAM DW-1-2020 for water softener 
regeneration cycles.
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).\23\ Whirlpool is required to test the basic model specified in the 
November 2013 Decision and Order using appendix C1, with the following 
modifications:
---------------------------------------------------------------------------

    \23\ 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:
    a. 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.
    b. 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.
    c. 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.
    d. 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.
    (2) 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.
    (3) 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.
    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. 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, 5.1.5, 
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.\24\
---------------------------------------------------------------------------

    \24\ The equations in the noted sections improperly use the 
constant K = specified heat of water in kWh per gal per [deg]F, 
instead of C/e, where C = specific heat of water in Btus 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 NOPR 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, in the December 2021 
NOPR, DOE proposed 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. 86 
FR 72738, 72754.
    DOE requested 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. Id.
    DOE did not receive any comments on this topic and is finalizing 
its proposal, consistent with the December 2021 NOPR, 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.

[[Page 3250]]

9. Water Heater Efficiency
    Section 5 of appendix C1 specifies the calculations of derived 
results from test measurements, including machine energy consumption, 
fan-only mode energy consumption, drying energy consumption, water 
consumption, and water energy consumption. For water energy 
consumption, DOE specifies different equations based on whether an 
electric water heater is used, or a gas-heated or oil-heated water 
heater is used. For electric water heaters, appendix C1 assumes a 100 
percent efficiency,\25\ while for gas/oil water heaters, appendix C1 
specifies the calculation assuming a 75 percent efficiency. DOE did not 
propose any changes to this requirement in the December 2021 NOPR.
---------------------------------------------------------------------------

    \25\ Section 5.5 of appendix C1 specifies the calculations for 
water energy consumption for dishwashers using electrically heated 
water. The equations specified in this section do not include a 
constant for the water heater recovery efficiency (as specified in 
section 5.6 for gas or oil-heated water), which indicates that the 
calculations for water energy consumption for dishwashers using 
electric water heaters assume a 100-percent water heater efficiency.
---------------------------------------------------------------------------

    The Joint Commenters recommended that DOE amend assumptions for 
water heater efficiencies to better reflect real-world water heater 
efficiencies, as they would improve representativeness of the test 
procedure and more accurately reflect the relative contribution of 
water heating energy use to the total dishwasher energy use. (Joint 
Commenters, No. 18 at p. 3) The Joint Commenters stated that the 
efficiency assumptions in the test procedure are higher than those 
found in the existing housing stock and underestimate the energy use 
associated with water heating and estimated that the shipment-weighted 
efficiencies for new water heaters are 92 percent for electric water 
heaters and 62 percent for gas water heaters. (Id.)
    As discussed in the clothes washer test procedure final rule 
published on June 1, 2022, (See 87 FR 33316, 33355-33356), based on the 
values presented, DOE interprets the Joint Commenters statement as 
referring to a value of uniform energy factor (``UEF''). DOE notes that 
UEF is a measure of efficiency based in part on a 24-hour simulated use 
test that measures both energy use associated with recovery periods 
(i.e., the energy embedded within each water draw) and energy losses 
during the time in which water is not being withdrawn from the water 
heater (i.e., standby energy losses), and incorporates simulated 
household water draw patterns. In a residential household, numerous 
appliances draw hot water from the water heater, in addition to 
dishwashers. Given the number of factors not directly related to 
dishwasher usage that factor into the UEF metric, DOE has determined 
that it would not be appropriate to use UEF as the basis for 
determining an estimate of water heating energy in the dishwashers test 
procedure. The appropriate water heater efficiency metric to use for 
dishwashers is the recovery efficiency, which represents the ratio of 
energy delivered to the water to the energy content of the fuel 
consumed by the water heater. Id. Based on a qualitative evaluation of 
the electric and gas water heater efficiencies in its public Compliance 
Certification Management System (``CCMS'') database,\26\ DOE determines 
that the efficiencies listed in the current dishwasher test procedure 
are appropriate. Additionally, DOE did not discuss water heater 
efficiencies in the December 2021 NOPR and has not provided 
stakeholders an opportunity to provide feedback on this topic. DOE will 
revisit the Joint Commenters' comments in a future rulemaking.
---------------------------------------------------------------------------

    \26\ U.S. Department of Energy Compliance Certification 
Database, available at www.regulations.doe.gov/certification-data. 
Last accessed July 8, 2022.
---------------------------------------------------------------------------

    Therefore, DOE is not making any changes to the water heater 
efficiency in the dishwasher test procedures at appendix C1 and the new 
appendix C2.

H. Cleaning Performance

    EPCA requires DOE to establish test procedures that are reasonably 
designed 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 type 
representative of consumer use, defines the term ``normal cycle,'' and 
requires testing using the ``normal cycle.'' 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. The currently applicable test 
procedure in appendix C1 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 
different cycle type that consumes more energy and water to provide a 
higher level of cleaning, operating the selected cycle type multiple 
times, or prewashing the dishware, flatware, and glassware before 
loading into the dishwasher to achieve an acceptable level of cleaning. 
In the December 2021 NOPR, DOE summarized a comment received from 
Samsung 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) DOE also 
asserted in the December 2021 NOPR that 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. 86 FR 72738, 
72755.
    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.\27\ Conversely, maintaining acceptable cleaning 
performance can be more difficult as energy and water levels are 
reduced.\28\ Improving one aspect of

[[Page 3251]]

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 stated in the December 2021 NOPR that it expects, however, that 
consumers maintain the same expectations of cleaning performance 
regardless of the efficiency of the dishwasher. Id. at 86 FR 72755. 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.
---------------------------------------------------------------------------

    \27\ 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.
    \28\ 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/year and 3.1 gal/cycle. 79 FR 76141, 76165 (Dec. 
19, 2014). In the December 2016 Final Determination, DOE 
additionally noted that manufacturers generally indicated that by 
using all available design options to improve efficiency, it 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 stated in 
the December 2021 NOPR that it 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. Id. at 86 FR 72755. As such, in 
the December 2021 NOPR, DOE proposed additional direction for selecting 
the appropriate test cycle type, i.e., for determining whether the 
cycle ``can completely wash a full load of normally soiled dishes.'' 
Id. DOE proposed to include a cleaning index methodology and minimum 
threshold to validate the selection of the test cycle in appendix C1 
and the new appendix C2.\29\ Id.
---------------------------------------------------------------------------

    \29\ 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 of 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.
---------------------------------------------------------------------------

    DOE received several comments on its proposal to include a cleaning 
performance test and minimum cleaning index threshold as a condition 
for a valid test cycle. General comments, including whether to adopt 
these provisions in the currently applicable test procedure at appendix 
C1 or in the new appendix C2, are summarized in the following section 
and topic-specific comments are addressed in subsequent sections.
1. General Comments
    Samsung, ASAP, the Joint Commenters, and the CA IOUs supported the 
inclusion of a cleaning performance test method and minimum cleaning 
index threshold. (Samsung, No. 21 at p. 2; Public Meeting Transcript, 
No. 22 at p. 7; ASAP, Public Meeting Transcript, No. 22 at pp. 21-22; 
Joint Commenters, No. 18 at p. 2; CA IOUs, Public Meeting Transcript, 
No. 22 at p. 43; CA IOUs, No. 19 at pp. 1-2) AHAM, Whirlpool, and GEA 
opposed the inclusion of a cleaning performance test method and minimum 
cleaning index threshold. (AHAM, No. 17 at p. 2; Whirlpool, No. 16 at 
p. 2; GEA, No. 20 at p. 2)
    Samsung commented that it agreed with DOE's position that the 
cleaning performance requirements would help define what constitutes 
completely washing a full load of normally soiled dishes (i.e., the 
cleaning performance), which would allow the test cycle type to better 
represent consumer use of the product. (Samsung, No. 21 at p. 2) The CA 
IOUs commented that they supported the cleaning performance test 
method, stating that it would provide base-level cleanliness 
performance assurances that have the potential to increase 
representative use of the expected ``normal'' cycle, reduce pre-rinsing 
of dishes, and increase the overall consumer use of dishwashers. (CA 
IOUs, No. 19 at pp. 1-2) ASAP commented that consumers often shift from 
the normal cycle to an alternate cycle type with better cleaning 
performance, which would result in increased energy consumption; 
therefore, adopting a minimum cleaning index threshold would help 
ensure representativeness of the normal cycle and would better meet 
consumer expectations of cleaning performance. (ASAP, Public Meeting 
Transcript, No. 22 at pp. 21-22) The CA IOUs commented that it would be 
helpful to consumers in their energy and water use savings by assuring 
that there is satisfaction with the normal cycle. (CA IOUs, Public 
Meeting Transcript, No. 22 at p. 43) The Joint Commenters stated that a 
cleaning performance requirement will result in tested cycle types that 
are more representative of energy and water consumption during consumer 
use. (Joint Commenters, No. 18 at p. 2) DOE appreciates stakeholder 
support for the inclusion of the cleaning index threshold and agrees 
that specifying such a threshold will ensure that the rated energy and 
water consumption of dishwashers is representative for completely 
washing a full load of normally soiled dishes with a consumer-
acceptable level of cleaning.
    AHAM and Whirlpool commented that should DOE move ahead with a 
performance metric in the test procedure, they urged that compliance 
with the cleaning performance threshold should be required only with 
amended standards. (AHAM, No. 17 at p. 13; AHAM, No. 27 at p. 3; 
Whirlpool, No. 16 at p. 4) During the December 2021 NOPR public 
meeting, AHAM commented that the inclusion of a cleaning performance 
metric would intrinsically change test results and sought clarity on 
why DOE was including the cleaning performance metric in appendix C1. 
(AHAM, Public Meeting Transcript, No. 22 at p. 33) During the October 
2022 ex parte meeting, AHAM reiterated its opposition to include 
cleaning performance requirements in appendix C1, stating that the 
cleaning performance would impact measured efficiency. (AHAM, No. 27 at 
p. 3) AHAM commented that DOE could not produce data on whether 
including cleaning performance requirements in appendix C1 would impact 
measured energy or provide any data on why it made the proposal to 
include the performance requirements in appendix C1, rather than 
including it in the proposed new appendix C2 and applying it when 
compliance with possible amended standards is required. (AHAM, No. 17 
at pp. 13-14)
    AHAM stated that the requirements potentially violate the 
investment and associated recovery assumptions underlying the 
manufacturer impact analysis that DOE presented in its preliminary 
technical support document on possible amended energy conservation 
standards. (Id. at p. 13) AHAM further commented that, based on DOE's 
data, about 18 percent of models would need to be tested using the most 
energy-intensive cycle \30\ and the response of granting a waiver for 
products that fail to meet the cleaning index threshold on the most 
energy-intensive cycle would completely diminish the point of the 
requirement. (Id.) AHAM also referenced DOE's test data from the 
January 2022 Preliminary

[[Page 3252]]

Analysis and stated that most models currently on the market are at 
Efficiency Level (``EL'') 1 (which is the ENERGY STAR V. 6.0 level) and 
at that level, the majority of products would need to be re-tested 
using the most energy-intensive cycle for the heavy and/or medium soil 
load. AHAM additionally stated that for the 33 percent of models in 
DOE's data set that would require re-testing at the heavy soil load, it 
is possible that these products may not meet the current energy 
conservation standards or that some models currently meeting the ENERGY 
STAR criteria may no longer meet the baseline after being re-tested 
using the most energy-intensive cycle. (Id.)
---------------------------------------------------------------------------

    \30\ As discussed further in section III.H.4 of this document, 
DOE proposed in the December 2021 NOPR that if a dishwasher failed 
to achieve the minimum cleaning index threshold for a given soil 
load on the normal cycle, the unit would be re-tested at the same 
soil load using the most energy-intensive cycle. 86 FR 72738, 72747, 
727560 72759.
---------------------------------------------------------------------------

    Whirlpool commented that if DOE's proposal for the minimum cleaning 
index goes into effect with an amended appendix C1 test procedure, it 
would create a tremendous burden on manufacturers by potentially 
requiring them to re-test all models for compliance with the minimum 
cleaning index requirement and potentially redesign cycle types to 
continue to sell into the U.S. market, all within a 6-month window. 
(Whirlpool, No. 16 at p. 9; Whirlpool, Public Meeting Transcript, No. 
22 at pp. 34-35) Whirlpool commented that it is impractical and overly 
burdensome to require manufacturers to re-test all their models in such 
a short window, particularly when manufacturers and test laboratories 
have other ongoing, competing laboratory needs. (Whirlpool, No. 16 at 
p. 9) Whirlpool stated that product redesigns are likely to occur as a 
result of this cleaning performance proposal. (Id.) Whirlpool commented 
that redesigning a product can take many months or years and would be a 
huge disruption in the market, and due to the stated flaws in the 
cleaning index, it was not even certain whether redesigning a 
dishwasher model to be compliant with the proposed cleaning index would 
lead to more consumer satisfaction. (Id.)
    DOE understands from the comments that manufacturers are 
identifying basic models currently on the market that may require re-
testing as a result of the inclusion of cleaning performance testing 
because the basic models may not meet the cleaning performance 
threshold on the normal cycle at all soil loads. Therefore, although 
DOE proposed to include the cleaning performance threshold in both 
appendix C1 and the proposed new appendix C2 in the December 2021 NOPR, 
DOE is finalizing these amendments only in the new appendix C2, which 
will be required for use to determine compliance with amended 
standards.
    AHAM commented that while it agreed with DOE that dishwasher 
performance is a concern, it could not support DOE's proposal to 
include a performance metric in the test procedure without DOE 
providing data and information to address the significant concerns AHAM 
raised in its comments. (AHAM, No. 17 at p. 2) AHAM commented that it 
agreed that performance needs to be maintained for the consumer, but 
that the cleaning performance test would drive the opposite result by 
forcing manufacturers to focus on only one aspect of cleaning 
performance to the detriment of other important performance 
functionalities. (AHAM, No. 26 at p. 5)
    AHAM commented that EPCA authorizes DOE to develop test procedures 
that measure only energy efficiency, energy use, water use, or 
estimated annual operating cost, and that EPCA does not authorize DOE 
to develop test procedures that measure product performance. (AHAM, No. 
17 at p. 3) AHAM commented that DOE had not produced sufficient 
information or data to show that its proposed cleaning performance 
requirement meets EPCA's requirements. (AHAM, No. 17 at p. 3)
    As discussed, EPCA requires that any test procedures prescribed or 
amended shall 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 [emphasis added] and shall not be unduly burdensome to 
conduct. (42 U.S.C. 6293(b)(3)) As discussed in the December 2021 NOPR, 
the cleaning performance at the completion of a cycle type influences 
how a consumer uses a dishwasher. 86 FR 72738, 72755. 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. Id. Indeed, comments received from Samsung expressed 
concern 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. Id. As discussed further in section 
III.H.3 of this document, DOE notes that cycle selection data indicates 
consumer use of cycle types other than the normal cycle and LBNL's 
survey on dishwasher characteristics, usages, and consumer preferences 
\31\ found that that 17 percent of the respondents ``sometimes'' re-run 
their dishwasher due to inadequate cleaning. Amending the test 
procedure to define what constitutes completely washing a full load of 
normally soiled dishes (i.e., establishing a cleaning performance 
threshold) will ensure that the test procedure produces test results 
that measure energy and water use during a representative average use 
cycle or period of use.
---------------------------------------------------------------------------

    \31\ ``Dishwashers in the Residential Sector: A Survey of 
Product Characteristics, Usage, and Consumer Preferences.'' Section 
4.3.2.1. Available at www.osti.gov/biblio/1827934. Last accessed 
July 6, 2022.
---------------------------------------------------------------------------

    AHAM asserted that DOE has not provided sufficient support for its 
proposals, that the proposal to include a cleaning performance method 
and to establish a minimum cleaning index threshold was not based on 
data and, therefore, was arbitrary and capricious under the 
Administrative Procedure Act (``APA'') \32\ and did not meet the 
requirements of the Data Quality Act.\33\ (AHAM, No. 17 at pp. 3, 4-5, 
7, 8, 10; AHAM, No. 26 at p. 4) Similarly, GEA asserted that EPCA, the 
APA, and the Data Quality Act require that DOE's regulations be 
properly supported by relevant data, but that DOE did not have relevant 
data to support its proposed cleaning metric. GEA argued that the issue 
in this rulemaking is not the quality or sufficiency of the data, or 
how the data is interpreted, but the very existence of the data. (GEA, 
No. 20 at p. 2)
---------------------------------------------------------------------------

    \32\ Public Law 79-404 (June 11, 1946).
    \33\ Public Law 106-554 (Dec. 21, 2000). AHAM did not provide 
any details as to which specific requirements of the Data Quality 
Act it believes the proposals in the December 2021 NOPR did not 
satisfy.
---------------------------------------------------------------------------

    DOE has met the APA's requirements, as DOE has explained in the 
December 2021 NOPR and throughout this final rule discussion its 
justification for including a cleaning performance measurement and for 
establishing a minimum cleaning index threshold to define what 
constitutes completely washing a full load of normally soiled dishes. 
As discussed in detail in the following sections, DOE has presented the 
details of the analysis performed by DOE, which builds upon 
comprehensive investigation and analysis of dishwasher cleaning 
performance conducted by DOE over the course of the development of the 
ENERGY STAR Cleaning Performance Test Method and previous dishwasher 
energy conservation standards rulemakings, and using the best available 
data that DOE has to establish the specific cleaning index threshold 
that aligns with consumer expectations for completely washing a full 
load of normally soiled dishes.
    AHAM also commented that DOE's published data are not transparent 
and requested that DOE provide its full data set including generic 
model identifiers to allow commenters to fully evaluate

[[Page 3253]]

DOE's test data. AHAM asserted that DOE's failure to provide that data 
is not consistent with the requirements under the Data Quality Act and 
other applicable statutory provisions. (AHAM, No. 17 at p. 12)
    In the December 2021 NOPR, DOE presented the results of its test 
data aggregated to a level appropriate for determining a cleaning index 
threshold that most closely corresponded to consumer cycle selection 
data. As discussed further in section III.H.3 of this document, DOE 
presented graphs in the December 2021 NOPR showing the total percentage 
of each of the soil test cycles that met the threshold at each 
potential threshold level among all the units in the test sample. 86 FR 
72738, 72757. This aggregated data informed the selection of the 
proposed cleaning index threshold. Id. Presenting model-level data 
would not have provided insights into the selection of an appropriate 
cleaning performance index. Further, DOE has complied with DOE's 
guidelines for implementing the Data Quality Act that ensure the 
quality, objectivity, utility, and integrity of the data presented in 
this document.\34\
---------------------------------------------------------------------------

    \34\ See the discussion of the Data Quality Act in the December 
2021 NOPR. 86 FR 72738, 72767; see also www.energy.gov/sites/prod/files/cioprod/documents/finalinfoqualityguidelines03072011.pdf.
---------------------------------------------------------------------------

    AHAM commented that in order to establish or amend representative 
average use cycles or periods of use, DOE must have national, 
statistically significant, field use data on consumer use, and that 
without such data, it is impossible and inappropriate for DOE to 
determine or change the average use cycle in a test procedure. (AHAM, 
No. 17 at p. 2) AHAM stated that the current dishwasher test procedure 
is based on consumer use studies, and that changing the test would 
require showing that something has changed with regard to consumer 
behavior or that more accurate consumer use study data are available. 
(Id.)
    As DOE discussed in the December 2021 NOPR, it has become 
increasingly more important that DOE ensure that its test procedure 
continues to reflect representative use as the dishwasher market 
continuously evolves to higher levels of efficiency. 86 FR 72738, 
72755. DOE notes that it did not propose to change the cycle type used 
for testing (i.e., the normal cycle), but rather to ensure that the 
cycle type tested as the normal cycle produces results that are 
representative of consumer use. As discussed in the December 2021 NOPR 
and further in section III.H.3 of this document, DOE determined the 
proposed cleaning performance threshold based on confidential consumer 
cycle selection data provided by industry. Id. at 72756. DOE believes 
this data to be nationally representative and based on field use data 
and/or consumer survey data. This final rule also presents an analysis 
of consumer usage data based on a survey report published October 28, 
2021, by LBNL,\35\ which further supports the cleaning index threshold 
value defined in this final rule (see section III.H.3 of this 
document).
---------------------------------------------------------------------------

    \35\ ``Dishwashers in the Residential Sector: A Survey of 
Product Characteristics, Usage, and Consumer Preferences.'' Section 
4.3.2.1. Available at www.osti.gov/biblio/1827934. Last accessed 
July 6, 2022.
---------------------------------------------------------------------------

    AHAM also commented that DOE's rationale for adopting a minimum 
cleaning index threshold did not establish a direct connection to the 
product's energy use or energy efficiency; rather, it tied the 
threshold to avoiding certain consumer behavior in cases of what DOE 
deemed to be unacceptable performance. (AHAM, No. 17 at p. 4) AHAM 
asserted that EPCA does not permit this approach for incorporating 
performance criteria. (Id.)
    DOE is adopting a minimum cleaning index threshold to define what 
constitutes ``completely wash[ing]'' a full load of normally soiled 
dishes so as to better represent consumer use of the product (i.e., to 
produce test results that are more representative of an average 
consumer use cycle), as discussed in the December 2021 NOPR. 86 FR 
72738, 72755. As discussed in the December 2021 NOPR and summarized 
earlier in this section, a consumer-acceptable level of cleaning 
performance can be easier to achieve through the use of higher amounts 
of energy and water use during the dishwasher cycle type (i.e., the 
amount of energy or water use of a dishwasher can directly affect the 
level of cleaning performance). Conversely, reducing energy and water 
consumption may negatively impact cleaning performance to a level that 
is not consumer-acceptable.\36\
---------------------------------------------------------------------------

    \36\ During the previous standards rulemaking, AHAM and a group 
of its members presented data from two sets of manufacturer testing: 
one set consistent of a modified DOE sensor heavy soil load tested 
in dishwashers reprogrammed to match three energy and water use 
levels (307 kWh/year and 4.1 gal/cycle, 255 kWh/year and 3.1 gal/
cycle, and 234 kWh/year and 3.1 gal/cycle and another set consisting 
of two dishwashers that were each loaded with ten place settings 
soiled with a modified ANSI/AHAM DW-1-2010 soil load, with each 
dishwasher programmed to match two energy and water use levels (307 
kWh/year and 5.0 gal/cycle and 234 kWh/year and 3.1 gal/cycle). 81 
FR 90072, 90082-90083. Based on the results of these tests, AHAM 
commented that any standards at the lower energy and water 
consumption levels (i.e., 234--255 kWh/year and 3.1 gal/cycle) would 
result in worse cleaning performance than products that were then on 
the market could achieve. Id.
---------------------------------------------------------------------------

    AHAM commented that it recognized that unacceptable performance may 
drive consumers toward less energy efficient behavior, but asserted 
that there are other ways of ensuring that performance is maintained 
for the consumer that DOE must consider during the standards 
development process. (AHAM, No. 17 at p. 4) DOE believes AHAM is 
referring to EPCA's criteria for prescribing amended standards; 
specifically, that DOE must consider any lessening of the utility or 
performance of the covered products likely to result from the 
imposition of the standard. (42 U.S.C. 6295(o)(2)(B)(i)(IV)) In 
accordance with this provision, DOE has explicitly addressed consumer 
utility concerns related to cleaning performance in previous 
rulemakings addressing dishwasher energy conservation standards, as 
well as in the January 2022 Preliminary Analysis. (See 77 FR 31918, 
31956-31957; 81 FR 90072, 90082-83; 87 FR 3450 \37\). In each of these 
rulemakings, DOE has presented analysis and findings regarding the 
impacts of cleaning performance on the ability for manufacturers to 
offer dishwashers that comply with energy conservation standards at the 
considered efficiency levels. In DOE's conclusions regarding the 
economic justification of potentially higher standards, DOE did not 
establish more stringent standards that would require manufacturers to 
compromise cleaning performance in order for dishwasher models to 
demonstrate compliance, thereby fulfilling the consideration required 
under 42 U.S.C. 6295(o)(2)(B(i)(IV). Id. Although not necessitated by 
the current energy conservation standards, manufacturers may choose to 
achieve compliance or further reductions in energy and water use 
through the use of control strategies and design approaches that reduce 
cleaning performance.\38\
---------------------------------------------------------------------------

    \37\ See chapter 5 of the Preliminary Technical Support 
Document, available at www.regulations.gov/docket/EERE=2019=BT=STD=0039.
    \38\ For example, manufacturers may reduce wash or rinse 
temperatures and/or reduce fill volumes for wash or rinse portions 
of the test cycle without implementing any additional design 
options.
---------------------------------------------------------------------------

    In response to AHAM's comment that unacceptable cleaning may drive 
consumers toward less efficient behavior, DOE is ensuring test results 
that are representative of an average use cycle, in accordance with the 
requirements of 42 U.S.C. 6295(o)(2)(B(i)(IV) of EPCA, by establishing 
a minimum cleaning performance threshold in the new appendix C2. 
Establishing a cleaning

[[Page 3254]]

index threshold as part of the new appendix C2 ensures that energy and 
water savings are being realized for products that comply with any 
future new or amended energy conservation standards for dishwashers.
    AHAM commented that DOE's proposal, which focuses only on cleaning 
performance using a metric that does not adequately measure or 
represent consumer satisfaction, was more likely to drive negative, 
unintended consequences for consumers relating to overall dishwasher 
performance. (AHAM, No. 17 at pp. 4-5) AHAM commented that cleaning 
performance is a function of washing temperature, length of washing 
cycle, type and amount of detergent applied, and mechanics (i.e., 
power), such that if DOE wanted to reduce energy and water use and 
maintain cleaning performance, it is likely that cycle time could reach 
a level unacceptable to consumers or that other elements of performance 
could be impacted. (AHAM, No. 17 at p. 5) AHAM commented not all 
elements of wash performance can be altered and maintain product 
functionality; for example, since the water must be warm enough to 
activate the detergent and remove fatty soils, manufacturers have few 
options to consider other than lengthening cycles, reducing drying 
performance or eliminating drying altogether, or increasing the noise 
level of the dishwasher to allow for greater power, in order to 
maintain cleaning performance while also meeting more stringent 
standards. (Id.)
    AHAM further commented that a performance threshold that addresses 
only a single performance attribute is not consumer relevant because it 
ignores the fact that the dishwasher is a holistic system. AHAM stated 
that by requiring energy and water levels and a cleaning performance 
level, DOE could essentially force manufacturers into designing 
dishwashers that satisfy DOE's test procedure requirements, but do not 
satisfy consumers not only on the factors that are not addressed, but 
also with regard to the cleaning performance itself because, according 
to AHAM, DOE had failed to demonstrate that the cleaning index 
threshold it had selected correlated to consumer satisfaction. (Id.)
    DOE testing indicates that a wide range of dishwashers are 
currently available on the market that achieve the proposed cleaning 
index threshold (which is equivalent to the cleaning index threshold 
finalized in this document) on each soil load tested as part of the 
normal cycle. In particular, such models are available at the DOE 
minimum standard level, the ENERGY STAR V. 6.0 standard level, and the 
current ENERGY STAR Most Efficient level (which is also the ENERGY STAR 
V. 7.0 level that goes into effect in July 2023). Based on this wide 
range of dishwashers currently available on the market, DOE has 
concluded that the finalized cleaning performance threshold, as 
discussed in section III.H.3 of this document, will not result in 
dishwasher performance that is unacceptable to consumers or that would 
result in detrimental impacts to other consumer-relevant elements of 
performance. Furthermore, the discussion in section III.H. 3 of this 
document demonstrates that the cleaning index threshold correlates to 
consumer satisfaction of dishwasher performance. DOE expects that this 
final rule will have positive effects for consumers by ensuring that 
the rated energy and water use of dishwashers is based on a test cycle 
type that completely washes a full load of normally soiled dishes.
    Whirlpool commented that it supported positions presented by AHAM, 
specifically noting that the proposal to include a minimum cleaning 
performance threshold score was unsubstantiated and not consumer 
relevant. (Whirlpool, No. 16 at p. 2) Whirlpool commented that it was 
pleased to see DOE sought to maintain performance and consumer 
satisfaction of dishwashers, but that the need to do so should serve as 
a signal that standards should not be amended further. (Whirlpool, No. 
16 at p. 3)
    As discussed, by establishing a minimum cleaning performance 
threshold in the new appendix C2, DOE is ensuring test results that are 
representative of an average use cycle. Establishing a cleaning index 
threshold as part of the new appendix C2 ensures that energy and water 
savings are being realized for products that comply with any future new 
or amended energy conservation standards for dishwashers. DOE will 
evaluate concerns regarding the impact of new or amended energy 
conservation standards on performance and consumer satisfaction within 
the energy conservation standards rulemaking process.
    Whirlpool commented that DOE should not finalize the dishwasher 
test procedure with a minimum cleaning index threshold given the 
excessive burden caused by testing and potentially redesigning models 
and potential certification, verification, and enforcement risks 
associated with the requirement. (Whirlpool, No. 16 at p. 3) Whirlpool 
stated that DOE's approach to specify a cleaning index threshold as a 
way to address consumer satisfaction with dishwasher cleaning 
performance was misplaced. (Whirlpool, No. 16 at p. 10) Whirlpool 
stated that the proposed test procedure is variable, and that it would 
lead to enormous manufacturer burden, competitive harm, and possible 
verification failures. (Id.)
    In the December 2021 NOPR, DOE quantified the additional test 
burden expected to result from its proposal. 86 FR 72738, 72763-72764. 
Specifically, in the NOPR, DOE estimated that the cost 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, which included the cost for the additional 1 hour per soil load 
that DOE estimated as the additional time required to score a load at 
the end of the cycle and calculate the cleaning index. 86 FR 72738, 
72763. Section III.L.1 of document presents DOE's finalized estimates 
of the expected costs associated with these amendments. However, while 
DOE proposed to include these amendments in both appendix C1 and the 
proposed new appendix C2 in the December 2021 NOPR, DOE now is only 
including these amendments in the new appendix C2, which will reduce 
the immediate burden incurred by manufacturers. Appendix C2 will be 
required only for use to determine compliance with any future new or 
amended standards for dishwashers.
    As stated, DOE is introducing the cleaning performance requirement 
to ensure the test results are representative of an average consumer 
use cycle, but the cleaning performance requirement is only being 
included as part of the new appendix C2 and will only pertain to any 
future new or amended energy conservation standards for dishwashers. 
DOE testing indicates that a wide range of dishwashers are currently 
available on the market that achieve the proposed cleaning index 
threshold (which is equivalent to the cleaning index threshold 
finalized in this document) on each soil load tested as part of the 
normal cycle. In particular, such models are available from multiple 
manufacturers at the DOE minimum standard level, the ENERGY STAR V. 6.0 
level, and the current ENERGY STAR Most Efficient level (which is the 
same as the ENERGY STAR V. 7.0 level that goes into effect in July 
2023). Therefore, DOE has determined that the cleaning performance 
threshold will not introduce competitive harm and that dishwashers 
achieving this threshold are capable of meeting the existing DOE energy 
and water conservation standards (as well as more efficient performance 
levels).

[[Page 3255]]

    The following sections discuss DOE's proposal in the December 2021 
NOPR, additional comments received in response to the proposals, and 
DOE's response and final requirements for cleaning performance.
2. Cleaning Performance Test Method
    In the December 2021 NOPR, DOE proposed to adopt a cleaning 
performance test method that would 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. 86 FR 72738, 72755. Specifically, DOE proposed 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 the new 
appendix C2. Id.
    The ENERGY STAR Cleaning Performance Test Method specifies a 
procedure to determine cleaning performance at the same test loads 
described in the DOE test procedure. For soil-sensing dishwashers, 
cleaning 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 Cleaning Performance Test Method specifies criteria to 
score 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 type.
     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, in the December 2021 NOPR, DOE proposed 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 proposed to reference section 5.10 of AHAM DW-2-
2020 to specify the lighting requirements for the evaluation room. 86 
FR 72738, 72756.
    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 proposed to reference the scoring 
requirements specified in AHAM DW-2-2020. Id.
    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 proposed to reference the calculation of cleaning index 
for each test cycle from AHAM DW-2-2020. Id.
    In the December 2021 NOPR, DOE noted 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 is scored based on soil particles as well as 
spots, streaks, and rack contact marks. Id. DOE further noted that AHAM 
DW-2-2020 provides two separate equations for calculating the total 
cleaning index for one test run. Id. 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 
based on soil particles and glassware based on soil particles as well 
as spots, streaks, and rack contact marks. DOE proposed to reference 
section 5.12.3.2 of AHAM DW-2-2020 to calculate the total cleaning 
index of a cycle type because DOE stated that it expects that consumers 
would evaluate the cleanliness of their load items at the completion of 
a cycle type. Id. DOE requested 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. Id. DOE 
stated that if it 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.H.3 of this document] 
to reflect this change. Id. DOE requested stakeholder feedback on an 
appropriate threshold to consider. Id.
    DOE also requested feedback on the proposed methodology to test, 
score, and calculate a cleaning index to validate the tested cycle and 
sought comment on whether other methodologies should be considered for 
validating the cleaning performance of the tested cycle. Id.
    DOE requested 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. 
Id. DOE noted 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. Id.
    As discussed in section III.G.6 of this document, stakeholders 
commented that if DOE does not specify the use of rinse aid, the 
cleaning index should be calculated based on soil particles only, 
without including spots, streaks, or rack contact marks. (Electrolux, 
Public Meeting Transcript, No. 22 at p. 19; AHAM, No. 17 at p. 15 \39\) 
During the October 2022 ex parte meeting, AHAM commented that while it 
supported calculating cleaning indices based on soil particles only, it 
did not support

[[Page 3256]]

raising the cleaning index threshold score of 65 much or at all as a 
result of this change to alleviate some burden and reduce false 
findings of noncompliance. (AHAM, No. 27 at pp. 2-3)
---------------------------------------------------------------------------

    \39\ AHAM provided the same recommendation to DOE during the 
October 2022 ex parte meeting and included the meeting materials in 
an attachment to its memorandum summarizing the meeting. 
Specifically, AHAM's recommendation regarding the determination of 
the cleaning index in the absence of a specification for the use of 
rinse aid may be found in the October 2022 ex parte memorandum at 
(AHAM, No. 27 at p. 40).
---------------------------------------------------------------------------

    Given that DOE is not specifying the use of rinse aid in the new 
appendix C2, DOE has reevaluated the requirement to score glassware and 
calculate the cleaning index based on soil particles only, which is 
discussed in section III.H.3 of this document. Accordingly, DOE has 
updated its reference, in the new appendix C2, to section 5.10.1.1 of 
AHAM DW-2-2020 to score items based on soil particles and section 
5.12.3.1 of AHAM DW-2-2020 to measure cleaning performance.
    AHAM referenced EPCA's requirement that new and amended test 
procedures be reasonably designed [emphasis added] to produce test 
results that measure energy efficiency, energy use, water use, or 
estimated annual operating cost of covered products or equipment during 
a representative average use cycle or period of use, while also not be 
unduly burdensome to conduct; and commented that a test cannot be 
considered reasonably designed if it is not accurate, repeatable, and 
reproducible. (AHAM, No. 17 at p. 3; AHAM No. 26 at p. 1) AHAM further 
stated that the cleaning performance test was too variable to be used 
for mandatory criteria. (AHAM, No. 26 at p. 1) AHAM commented that AHAM 
DW-2-2020 was designed for companies to use in their product 
development efforts, and that it was not designed to be used as a 
regulatory tool. AHAM stated that AHAM DW-2-2020 does not require the 
same precision in repeatability and reproducibility as a mandatory 
performance threshold does, and that that the AHAM DW-2-2020 test 
method does not claim to replicate consumer interaction with 
dishwashers, such as how they load it, how much soil is on the dishes, 
how many dishes are in the dishwasher, the amount and type of detergent 
used, whether rinse aid is used, etc.; rather it was intended to assess 
redeposition. (AHAM, No. 17 at p. 6)
    AHAM commented that the proposed test procedure, which is based on 
the ENERGY STAR Cleaning Performance Test Method (which is based on 
AHAM DW-2-2020 and uses DW-2-2020's scoring method) continues to be too 
variable to be used for mandatory criteria and referenced comments made 
in response to the EPA's ENERGY STAR Program. (AHAM, No. 17 at p. 8; 
AHAM, Public Meeting Transcript, No. 22 at pp. 29-30)
    AHAM additionally commented that it conducted round robin testing 
in 2018 across seven test laboratories on non-soil-sensing units and 
determined a within-laboratory standard deviation of 7.7 points. AHAM 
commented that these results indicate that the test is not sufficiently 
repeatable or reproducible to be used as a mandatory regulatory test 
procedure. (AHAM, No. 17 at pp. 8-9) AHAM further claimed that there is 
such a high standard deviation of test runs that it is possible that 
the same dishwasher model may pass one test and fail on another test, 
even within the same laboratory. (AHAM, No. 17 at p. 10) Similarly, 
Whirlpool commented that due to the extreme variation between test 
laboratories, it is likely that the same model may receive different 
scores at different laboratories. (Whirlpool, No. 16 p. 8) Whirlpool 
commented that a dishwasher could potentially receive a passing score 
at one manufacturer's laboratory, while another manufacturer's 
laboratory may produce a failing score, leading to competitive harm 
between manufacturers. (Id.) Whirlpool also stated that there could be 
a difference of up to 6 to 8 points in scoring even among experienced 
technicians in a single laboratory, and a single technician may grade 
the exact same item differently between runs. (Whirlpool, No. 16 at pp. 
4, 10)
    AHAM commented that results from round robin testing that it 
conducted in 2013 are more relevant to DOE's proposed test procedure 
because the 2018 round robin included more soiled dishes in the load 
than DOE's proposed test procedure. AHAM stated that the 2013 round 
robin evaluated variation under the same or very similar conditions to 
DOE's current proposal. (AHAM, No. 26 at p. 2) AHAM stated that the 
2013 round robin, which was used to evaluate the ENERGY STAR 
performance test and DOE's proposed test procedure is based on that, 
included two units at six laboratories and each unit was tested two 
times by two technicians. (AHAM, No. 26 at p. 3) AHAM commented that 
for a soil-sensing unit, the standard deviation was as high as 6.8 
percent, meaning whether a unit passes or fails DOE's proposed criteria 
depends significantly on who is doing the grading. (Id.) AHAM further 
commented that DOE's proposed test procedure focuses only on one aspect 
of performance (i.e., cleaning) and ignores others (i.e., drying 
effectiveness, cycle length, and noise), which could frustrate 
consumers and drive them away from dishwasher use, thus increasing 
energy and water use. (AHAM, No. 26 at p. 4)
    Whirlpool commented that DOE has not addressed or resolved these 
longstanding issues with repeatability and reproducibility of the AHAM 
DW-2 test method, and stated that AHAM has documented the huge amount 
of variation that exists within a laboratory and lab-to-lab with this 
AHAM performance test. (Whirlpool, No. 16 at p. 8) Whirlpool and AHAM 
stated that DOE has not presented data to demonstrate the proposed test 
is repeatable or reproducible. (Whirlpool, No. 16 at p. 8; AHAM, No. 17 
at p. 10) AHAM commented that its own data demonstrated that the test 
was not sufficiently repeatable or reproducible to provide accurate 
results and that DOE should not adopt it on this basis alone. (AHAM, 
No. 17 at p. 10)
    Conversely, Samsung commented that it supported DOE's proposal to 
adopt the ENERGY STAR Cleaning Performance Test Method and use of AHAM 
DW-2-2020 to determine the cleaning index for the test cycle. (Samsung, 
No. 21 at p. 2) Samsung stated that this test method is subject to 
variability, but that it is the best option available to measure 
cleaning performance, and that the minimum threshold score level could 
be set to accommodate this variability. (Id.)
    The CA IOUs commented that manufacturers were familiar with the 
ENERGY STAR Cleaning Performance Test Method and 117 dishwasher models 
across 12 brands meet the cleaning index of 70 that is required for all 
three test loads to qualify for the ENERGY STAR Most Efficient product 
designation. (CA IOUs, No. 19 at p. 2)
    Based on an evaluation of currently available industry standards, 
DOE believes the AHAM DW-2-2020 standard is the best standard available 
for testing U.S. dishwasher models. To the extent that industry were to 
update its test method to evaluate other aspects of dishwasher 
performance, DOE will consider whether to adopt such standards for the 
DOE test procedure.
    Additionally, during the development of the ENERGY STAR Cleaning 
Performance Test Method, DOE had presented data and noted that the 
``test method is reproducible as long as the unit under test operates 
consistently.'' \40\ That is, cleaning performance was generally 
reflective of the energy and water used by a soil-sensing dishwasher; 
if the turbidity sensor of soil-sensing dishwashers triggered

[[Page 3257]]

different machine responses (i.e., it is inconsistent) resulting in 
differing amounts of water or energy used for test cycles at a given 
soil level, there would be larger associated variation in the cleaning 
indices among these cycles.
---------------------------------------------------------------------------

    \40\ ENERGY STAR[supreg] Residential Dishwasher Cleaning 
Performance Draft 2 Test Method Stakeholder Webinar. October 16, 
2012. Page 18. Available at www.energystar.gov/sites/default/files/specs//Draft%202%20Test%20Method%20Dishwasher%20Cleanability%20Webinar_0.pdf
.
---------------------------------------------------------------------------

    DOE notes that AHAM's comment did not specify key information that 
would help DOE evaluate AHAM's claims. For instance, with regard to the 
2018 round-robin test data that AHAM provided as the basis for its 
conclusion that the cleaning performance test demonstrates significant 
variability in test results, AHAM did not specify which test method and 
cycle type was selected for testing. Section 5.2 of ANSI/AHAM DW-1-2010 
specifies ten soiled place settings, while section 5.2 of AHAM DW-1-
2019 and AHAM DW-2-2020 specify eight soiled place settings. Using 
either test method, the number of soiled place settings is higher 
compared to the DOE test procedure which requires a maximum of four 
(out of eight) soiled place settings for the heavy soil load. The 
medium and light soil loads have two and one soiled place setting, 
respectively. It is important to know the number of soiled place 
settings because DOE has observed that variation in the cleaning index 
increases as the number of soiled place settings increase. Figure III-1 
shows the average standard deviation of the cleaning index at the 
heavy, medium, and light soil loads (depicted as four, two, and one 
soiled place setting, respectively) for the repeatability and 
reproducibility testing that DOE conducted on non-soil-sensing 
dishwashers during development of the ENERGY STAR Cleaning Performance 
Test Method. The figure also shows the standard deviation reported by 
AHAM as part of its round robin testing on non-soil-sensing 
dishwashers; for the purposes of this graph, DOE assumed that AHAM 
soiled eight place settings during round robin testing. As seen in the 
graph, the average standard deviation of the cleaning index tends to 
increase as the number of soiled place settings increase, which 
indicates that the expected standard deviation for the soils specified 
in the DOE test procedure would be significantly smaller than the 7.7 
points indicated by AHAM.
[GRAPHIC] [TIFF OMITTED] TR18JA23.006

Figure III-1 Average Standard Deviation of the Cleaning Index at 
Different Soil Loads, Represented by the Number of Soiled Place 
Settings.

    DOE also evaluated AHAM's 2013 round robin data discussed in AHAM's 
late comment. (See AHAM, No. 26 at p. 2) DOE notes that the test 
procedure in this final rule specifies additional test setup and 
instrumentation requirements compared to the ENERGY STAR Cleaning 
Performance Test Method (which was the basis for AHAM's 2013 round 
robin) to limit variability. These include specifying a relative 
humidity requirement along with relative humidity measuring device 
requirement; explicitly stating the target temperature at which the 
test should be conducted; specifying a new detergent dosing 
methodology, which is based on number of place settings rather than 
prewash and main wash fill water volumes, and hence, less prone to the 
uncertainty associated with differentiating the prewash and main wash 
cycles; and, specifying that cleaning indices must be calculated 
without scoring for spots, streaks, and rack contact marks on glassware 
given that rinse aid is not used during the test.
    DOE acknowledges that while AHAM's 2013 round robin data shows that 
the standard deviation for a soil-sensing unit was as high as 6.8, the 
average within-laboratory (i.e., repeatability) cleaning index standard 
deviation was 2.05, while the average between-laboratories (i.e., 
reproducibility) cleaning index standard deviation was 3.35. For some 
of the tests with high within-laboratory variation (including the unit 
that had the highest standard deviation of 6.8), DOE observed that the 
energy or water use were different between two tests at the same 
laboratory, which also impacted the cleaning indices. That is, if a 
unit's soil-sensors trigger a different response to the soil load, 
which changes the energy or water use at the same soil load, then the 
cleaning index varies accordingly. DOE also observed that for all but 
one test laboratory, the average difference in cleaning indices between 
two technicians for the same test was 1.24. These results indicate that 
repeatable and reproducible results for cleaning performance are 
already achievable with currently experienced laboratory technicians as 
long as the sensor response of test units is consistent. As discussed, 
the additional test procedure requirements incorporated in this final 
rule would further limit variability in testing.
    AHAM commented that variation in the proposed performance metric 
can only be reduced to a certain point due

[[Page 3258]]

to potential human error (i.e., a human soils and scores the test load, 
which would make the result inherently subjective). AHAM asserted that 
while technician training can help reduce variation, the training would 
be burdensome to conduct and may not sufficiently reduce variation, 
especially lab-to-lab. (AHAM, No. 17 at p.10) AHAM commented that it is 
focused on reproducibility because of the consequences for units that 
may pass in one laboratory and fail in another, which could lead to 
non-compliance and costly fines. (Id.) Similarly, Whirlpool contends 
that the unreasonable variation is due to the human factor of the test. 
(Whirlpool, No. 16 at p. 8) During the October 2022 ex parte meeting, 
AHAM recommended that DOE, together with AHAM and other stakeholders as 
DOE deems appropriate or necessary, develop a process to qualify 
laboratories to conduct the DOE test procedure. AHAM stated that a 
process for qualifying laboratories and technicians, would help 
accomplish the goal that technicians are trained and skilled and 
laboratories, including manufacturer laboratories, have a common 
understanding for scoring. AHAM stated that it has a process for 
qualifying laboratories as part of its air cleaner certification 
program, which has been successful in reducing variation, which could 
be used as a starting point. (AHAM, No. 27 at pp. 3-4) As it has for 
other newly adopted test procedures (e.g., the conventional cooking 
tops test procedure), DOE considers individual requests for assisting 
testing laboratories in gaining familiarity with test conduct. DOE also 
notes that many manufacturers have already gained experience with 
soiling and scoring test loads through participation in the ENERGY STAR 
Most Efficient dishwashers program, which includes a reporting 
requirement for cleaning performance.
    AHAM commented that the cleaning performance test is subject to 
high variation and that verification and enforcement would be virtually 
impossible. (AHAM, No. 17 at p. 13) AHAM commented that if DOE 
continues with the proposal to include a cleaning performance test 
method, it should allow for a wide tolerance of scores to address the 
subjectivity and lack of reproducibility of the test. (Id.) AHAM 
commented that due to the high variation in the cleaning performance 
test, it would be virtually impossible to conduct enforcement of 
cleaning scores and it is likely that there would be false findings of 
both compliance and non-compliance with DOE's proposed cleaning 
performance requirements. (AHAM, No. 26 at p. 4) During the October 
2022 ex parte meeting, AHAM proposed that DOE's enforcement policy 
should be similar to other products such as refrigerator/freezers. 
Specifically, AHAM commented that if DOE's test results are within 14 
percent of the proposed cleaning index threshold of 65, DOE will use 
the normal cycle for the assessment/enforcement test. Otherwise, if the 
tested score is not within that range, DOE would follow the test's 
requirements for when the score of 65 is not achieved. AHAM stated that 
its proposal is based on the data it provided in the comments in 
response to the December 2021 NOPR, wherein AHAM stated that the 
standard deviation can be as high as 7 and the 14 percent tolerance 
represents a 95-percent confidence interval defined by two times the 
standard deviation. (AHAM, No. 27 at p. 3) Samsung also stated that 
there was precedent for a minimum performance threshold requirement for 
test validity, citing the threshold dryness level for automatic 
termination of clothes dryers as a condition for a test cycle to be 
valid. (Id.) Further, Samsung stated that it believes that DOE has the 
authority to require that valid energy tests must reflect at least a 
minimum functionality and cleaning performance under EPCA to ensure 
representativeness of the test cycle. (Id.)
    DOE notes that its specified cleaning index threshold does not 
include any additional tolerance because the specified value represents 
a minimum threshold that DOE's analysis has indicated is indicative of 
a consumer-accepted level of cleaning performance. This approach is 
also consistent with the test procedure for clothes dryers tested 
according to appendix D2, which specifies a threshold dryness level for 
automatic cycle termination as a condition for a valid test cycle. 
Section 3.3.2 of 10 CFR appendix D2 to subpart B of part 430.
    Regarding AHAM's reference to enforcement provisions for 
refrigerators and freezers, DOE notes that those provisions specify 
tolerances to determine the validity of certified refrigerated volumes 
based on the average of individual test measurements. 10 CFR 
429.134(b). Refrigerated volume is the basis for determining the 
product class and corresponding energy conservation standard for a 
given basic model of refrigerator, refrigerator-freezer, or freezer. 
Thus, the refrigerated volume measurement and its associated tolerance 
is not analogous to the cleaning index threshold established by this 
final rule for dishwashers.
    GEA commented that any DOE test procedure must statutorily be 
repeatable and reproducible per 42 U.S.C. 6293(b)(3) in EPCA and any 
test procedure that fails to satisfy these two fundamental engineering 
principles cannot be said to produce test results that actually measure 
energy use as required by EPCA. (GEA, No. 20 at p. 2) GEA commented 
that DOE had not demonstrated that the cleaning performance test method 
meets EPCA's requirements. GEA contends that DOE admitted in the public 
meeting that it lacks any data on the reproducibility of the proposed 
cleaning metric. GEA stated that data provided by AHAM and its members 
demonstrated poor reproducibility results for the test procedure. (Id.) 
GEA commented that the lack of data regarding repeatability and 
reproducibility undermined the credibility and effectiveness of any 
enforcement action DOE may take. GEA suggested that if DOE attempts to 
assert a penalty for a product that is alleged to have failed to 
complete a valid test as a result of the cleaning performance metric, 
the validity of the test procedure and the validity of the cleaning 
performance evaluation will be challenged. (Id.) Relatedly, Whirlpool 
reiterated that it is not acceptable for DOE to verify and enforce a 
requirement with such extreme variation, especially when there could be 
a large monetary penalty for noncompliance for individual 
manufacturers. Whirlpool also noted that the proposal to include the 
cleaning performance test and cleaning index threshold would cause an 
enormous disruption to the marketplace. (Whirlpool, No. 16 at pp. 9-10) 
GEA commented that AHAM DW-2-2020 was not designed for and is not 
appropriate to be used as a test procedure for a regulatory enforcement 
program. GEA stated that even if AHAM DW-2-2020 was fully incorporated 
into the DOE test procedure, GEA would oppose the incorporation because 
the test was not designed for and does not provide the low level of 
variability which is required for a test used in a regulatory 
enforcement program. Further, GEA explained that AHAM DW-2-2020 does 
not contain a prescriptive threshold. (GEA, No. 20 at p. 3) Whirlpool 
claimed that DOE lacked the adequate justification necessary to make 
cleaning performance a mandatory regulatory performance requirement and 
that the proposal contained unsolved repeatability and reproducibility 
issues. (Whirlpool, No. 16 at p. 3)

[[Page 3259]]

    As mentioned previously in this document, DOE's analysis indicates 
that repeatable and reproducible results for cleaning performance are 
achievable as long as the sensor response of test units is consistent. 
Additionally, the amendments to appendix C1, which are also specified 
in the new appendix C2, are intended to further limit variability in 
testing. Further, to mitigate the potential impact to the marketplace, 
DOE is specifying cleaning performance requirements only in the new 
appendix C2, which would go into effect only when compliance is 
required with any amended standards.
    AHAM commented that DOE's proposed metric ignored all performance 
aspects other than cleaning performance and that DOE did not appear to 
have made an effort to determine the consumer relevance of the other 
performance attributes that may be impacted. (AHAM, No. 17 at p. 5) 
AHAM also commented that DOE had not addressed how grease and detergent 
buildup over time may impact the proposed minimum cleaning index 
threshold. (AHAM, No. 17 at p. 6; AHAM, Public Meeting Transcript, No. 
22 at p. 30) AHAM commented that DOE's proposed cleaning performance 
test focuses only on whether or not the soils are removed from the 
dishware and not redeposited. AHAM reiterated its earlier comment that 
the cleaning performance test does not address grease or detergent 
buildup over time, stating that this is a significant issue when 
consumers pre-rinse because the detergent has less to attach itself to 
and, as a result, there is more soil left on the dishes when the cycle 
ends. (AHAM, No. 26 at p. 5)
    DOE agrees with AHAM that the test procedure proposed in the 
December 2021 NOPR evaluates the cleaning index on the basis of soils 
remaining on the test load items at the conclusion of the test cycle, 
including particles that are redeposited as well as those that are not 
removed in the first place. Regarding AHAM's concern that the test 
procedure does not account for grease buildup over time, DOE notes that 
the cleaning index threshold was determined based on analysis of 
consumer usage of dishwashers over time, and thus already factors in 
the presence of grease buildup in determining a consumer-accepted level 
of cleaning performance.
    Accordingly, consistent with the December 2021 NOPR, DOE is 
finalizing in the new appendix C2 its proposal to test, score, and 
calculate a cleaning index to validate the tested dishwasher cycle 
type. DOE is referencing AHAM DW-2-2020 for the lighting requirements, 
scoring method, and equation for calculating a cleaning index for each 
test cycle.
3. Cleaning Index Threshold Value
    In the December 2021 NOPR, DOE proposed to provide direction in the 
test procedure as to what constitutes whether a cycle type 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. 86 FR 72738, 72756. 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 
proposed 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 methodology discussed in section III.H.4 of this document) 
that achieves the defined cleaning index threshold. Id. 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 the 
December 2021 NOPR and considered past consumer comments and test data 
collected in support of the short cycle product class rulemaking that 
was published on October 30, 2020 (``October 2020 Final Rule'' See 85 
FR 68723).\41\ Id.
---------------------------------------------------------------------------

    \41\ See Dishwasher NODA Test Data (5-21-20), available at 
www.regulations.gov/document/EERE2018-BT-STD-0005-3213.
---------------------------------------------------------------------------

    In the December 2021 NOPR, DOE stated that it 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. Id. However, based on comments 
DOE received from Samsung in response to the August 2019 RFI as well as 
qualitative comments that DOE received during the rulemaking that 
culminated in the October 2020 Final Rule, DOE recognized 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.) 
Id. at 86 FR 72756-72757. Further, confidential data submitted by 
manufacturers indicate, in the aggregate, that roughly 25 to 45 percent 
of all dishwasher cycles are conducted on a cycle type other than the 
normal cycle. DOE recognized that among these other selected cycle 
types, some would be expected to be less energy-intensive than the 
normal cycle (e.g., a glassware cycle type), while others would be 
expected to be more energy-intensive than the normal cycle (e.g., a 
pots and pans cycle type). Id. at 86 FR 72757. The data provided by 
manufacturers do not indicate which cycle types comprise the percentage 
of cycles not conducted on the normal cycle. In lieu of additional 
details regarding the dataset, DOE proceeded under the assumption that 
either option (alternatively selecting a more energy-intensive or less 
energy-intensive cycle) is equally as likely. Id. Accordingly, DOE 
estimated 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. Id.
    In the December 2021 NOPR, DOE stated that since it expects that 
consumers unsatisfied with the cleaning performance of the normal cycle 
would select alternate cycle types that are more energy-intensive to 
achieve better cleaning results, the cycle selection data serve as a 
reasonable proxy for consumer acceptance of the cleaning performance of 
the normal cycle. Id. To identify an appropriate cleaning index 
threshold, DOE sought to select a cleaning index value that aligned 
with the cycle selection data. Id. 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. Id. 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.\42\ Id. Using these data, DOE plotted the rate at which 
test cycles would meet or exceed different cleaning

[[Page 3260]]

index values (in increments of 5 on the Cleaning Index scale). Id.
---------------------------------------------------------------------------

    \42\ 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.
---------------------------------------------------------------------------

    In determining a threshold, DOE sought to establish a level that 
ensures the tested cycle type produces test results that measure energy 
use and water use of the dishwasher during a representative average use 
cycle. Id. 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 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 test data and consumer usage weighting 
factors specified in appendix C1 (and intended to be retained in 
appendix C1 and specified in the proposed new appendix C2) for the 
heavy (0.05), medium (0.33), and light (0.62) soil loads to calculate 
the percentage of cycles that would not meet the threshold on the 
normal cycle. Id. at 86 FR 72758. DOE plotted the percentage of cycles 
that would not meet the threshold on the normal cycle, 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. 
Id. Based on the results of its analysis, DOE proposed establishing a 
minimum cleaning index of 65 as the threshold level for a test cycle to 
be valid. Id.
    DOE proposed to specify the same cleaning index threshold value for 
all tested soil loads because it did 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. Id. at 86 FR 72759.
    DOE requested 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. Id.
    DOE requested additional data on consumer dishwasher cycle type 
selections. Id. In particular, DOE requested 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. Id.
    DOE also requested 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. Id.
    AHAM commented that DOE did not provide any data or consumer 
research to show that a cleaning index of 65 is consumer relevant or 
that 65 is the ``tipping point'' between ``good'' and ``poor'' 
dishwasher performance. AHAM stated that DOE has not done consumer 
research to show that a cleaning index of 65 reflects consumer 
expectations of cleaning performance. (AHAM, No. 17 at p. 6; AHAM, 
Public Meeting Transcript, No. 22 at pp. 21-22; AHAM No. 26 at p. 5) 
During the December 2021 NOPR public meeting, AHAM commented that it 
had provided comments in the past stating that the ENERGY STAR Most 
Efficient cleaning index threshold of 70 is not based on any consumer 
data demonstrating correlation or satisfaction. (AHAM, Public Meeting 
Transcript, No. 22 at pp. 24-25) Further, AHAM commented that DOE had 
not presented any consumer data to demonstrate that its proposed test 
and/or threshold are relevant to the consumer or correlate to consumer 
satisfaction. (AHAM, No. 17 at p. 4; AHAM, No. 26 at p. 5) AHAM 
commented that without this data, DOE's proposal is arbitrary and 
capricious and does not satisfy the Data Quality Act. (Id.)
    Whirlpool stated that DOE did not justify the development of the 
cleaning index with an acceptable level of data nor demonstrated that a 
score of 65 will lead to consumer satisfaction and prevent consumers 
from using more energy- and water-intensive cycles. (Whirlpool, No. 16 
at p. 3) Whirlpool stated that DOE had not provided any data or 
justification to indicate that 65 was the right threshold for a minimum 
cleaning index. (Whirlpool, No. 16 at p. 8)
    Conversely, the Joint Commenters stated that a minimum cleaning 
index threshold of 65 was reasonable, based on the data available to 
DOE. (Joint Commenters, No. 18 at p. 2) Samsung commented that it 
supported DOE's proposed cleaning index threshold value of 65 and the 
approach DOE took to determine this value, given that no known study 
exists showing direct correlation between the cleaning index and 
customer acceptance. (Samsung, No. 21 at p. 2) Samsung additionally 
commented that DOE's approach was substantiated by the 2021 LBNL 
survey,\43\ which indicated 17 percent of respondents sometimes re-run 
their dishwasher due to inadequate cleaning. Samsung explained that of 
the 17 percent of respondents that re-run their dishwasher 
``sometimes,'' over half, 56 percent, reported that they re-run their 
dishwasher between one and three times per week. (Samsung, No. 21 at 
pp. 2-3)
---------------------------------------------------------------------------

    \43\ ``Dishwashers in the Residential Sector: A Survey of 
Product Characteristics, Usage, and Consumer Preferences.'' Section 
4.3.2.1. Available at www.osti.gov/biblio/1827934. Last accessed 
July 6, 2022.
---------------------------------------------------------------------------

    AHAM also commented that the only data that DOE's proposal is based 
on is manufacturer data indicating that 24 to 46 percent of selected 
cycle types are not the normal cycle and are instead done on another 
cycle type along with an unproven assumption that the only reason a 
consumer might use a cycle type other than the normal cycle is because 
the consumer is not satisfied with the normal cycle's performance. 
(AHAM, No. 17 at p. 6) AHAM stated that DOE's assumption that consumers 
select a more energy-intensive cycle 50 percent of the time when they 
do not select the normal cycle did not have any basis. AHAM commented 
that it does not agree that cycle selection data serves as a proxy for 
consumer acceptance of normal cycle cleaning performance and DOE has 
presented no data upon which to base the accuracy or reasonableness of 
that assumption. AHAM stated that DOE has no data and without it, DOE's 
proposal did not meet the requirements of the APA or the Data Quality 
Act. (AHAM, No. 17 at p. 7)
    Whirlpool reiterated that the proposed minimum cleaning index is 
built on flawed data and contain numerous layered assumptions. 
(Whirlpool, No. 16 at p. 4) Whirlpool commented that it is a big 
assumption that half of the cycle types use more energy/water than the 
normal cycle, and half use less. Whirlpool stated that there is no 
justification for such an assumption, and DOE cannot use consumer 
selection of other non-normal cycles as any proxy for consumer 
satisfaction in the normal cycle. (Id.) Whirlpool commented that the 
proposed industry cleaning performance test would need to correlate 
strongly with consumer satisfaction to be justified, but its data 
indicate otherwise and due to the significant variation in actual 
consumer usage patterns, there is doubt over whether such a metric that 
accurately represents consumer cleaning performance satisfaction could 
ever exist. (Whirlpool, No. 16 at pp. 7-8)
    DOE notes that its goal in establishing a minimum cleaning index 
threshold is to ensure that testing is representative of consumer use 
and does not prevent consumers from using more energy-intensive cycles. 
DOE also notes that while it may not have data that shows a direct 
correlation between various

[[Page 3261]]

cleaning indices and consumer satisfaction at each respective cleaning 
index threshold, DOE evaluated consumer satisfaction of the cleaning 
performance of a dishwasher by analyzing cleaning performance data with 
the frequency at which consumers are likely to use a more energy-
intensive cycle. DOE proxied the use of more energy-intensive cycles as 
dissatisfaction with performance when using the normal cycle.\44\ Based 
on this relationship, DOE estimated that consumers are likely to run a 
more energy-intensive cycle between 12 and 23 percent of the time. This 
estimate is based on the assumption that consumers select a more 
energy-intensive cycle 50 percent of the time when they do not select 
the normal cycle. DOE's estimate that consumers select a more energy-
intensive cycle between 12 and 23 percent of the time is further 
validated based on results from LBNL's survey on dishwasher 
characteristics, usages, and consumer preferences.\45\ The sample 
methodology for this survey was designed to be as reflective of the 
U.S. population (in terms of demographics such as age, income, etc.) of 
recent purchasers of dishwashers as possible (see section 2.4 of the 
LBNL report). The LBNL report states that 17 percent of the respondents 
indicated that they ``sometimes'' re-run their dishwasher due to 
inadequate cleaning, and DOE estimates that these cycles represent up 
to 75 percent \46\ of their weekly dishwasher cycles. In other words, 
consumers on average may re-run their dishwasher due to inadequate 
cleaning up to 13 percent of the time (17 percent of consumers times 75 
percent of usage cycles). DOE expects the percentage of cycles that are 
represented by proxy by a more energy-intensive cycle to be somewhat 
greater than the maximum reported 13 percent because these consumers 
may also take other more energy-intensive actions besides re-running 
the cycle, such as handwashing or pre-rinsing, for additional weekly 
cycles that fail to achieve adequate cleaning. All of the cycles which 
fail to achieve adequate cleaning, including up to 13 percent of cycles 
that are re-run and additional cycles for which consumers take other 
more energy-intensive actions, are represented in aggregate by DOE's 
estimate of the 12 to 23 percent range.
---------------------------------------------------------------------------

    \44\ DOE used a similar correlation in the clothes dryer test 
procedure at appendix D2, wherein DOE determined that 5-percent 
final remaining moisture content (``RMC'') of a real-world load is 
the maximum consumer-accepted final moisture level, and implemented 
a threshold value of final RMC in the test procedure for clothes 
dryers with automatic cycle termination to ensure the tested cycle 
produces energy use results that are representative. Because the 
test cloth used to test clothes dryers according to appendix D2 is 
uniform, for purposes of repeatability and reproducibility, it dries 
faster and more uniformly than a real-world load of varying weights, 
composition, and size. Therefore, DOE specified a 2-percent final 
RMC threshold for clothes dryers with automatic cycle termination 
when testing with the DOE test cloth as a proxy for the 5-percent 
maximum consumer-accepted final RMC in real-world loads, because 
testing to 5-percent final RMC with the DOE test cloth would produce 
energy use results that were too low to represent actual consumer 
behavior. 78 FR 49608, 49613-49614.
    \45\ ``Dishwashers in the Residential Sector: A Survey of 
Product Characteristics, Usage, and Consumer Preferences.'' Section 
4.3.2.1. Available at www.osti.gov/biblio/1827934. Last accessed 
July 6, 2022.
    \46\ The LBNL report states that, of the respondents that 
reported they ``sometimes'' re-run their dishwasher, ``over half (56 
percent) of respondents reported that they re-run their dishwasher 
between 1 and 3 times per week.'' DOE calculated 184 annual cycles 
to be 4 cycles per week. If consumers are re-running their cycles up 
to 3 times per week, that would be 75 percent of their total cycles 
run (\3/4\ = 0.75).
---------------------------------------------------------------------------

    GEA commented that DOE did not have any data to support that its 
proposed cleaning index threshold of 65 is relevant to consumers or 
representative of consumer cleaning performance satisfaction. (GEA, No. 
20 at p. 3) GEA commented that if DOE did not have any evidence that 
the cleaning index threshold is relevant to consumers, then DOE could 
not have confidence that continued performance is ensured in the face 
of ever-increasing energy conservation standards. (Id.) GEA stated that 
DOE's minimum cleaning index value is arbitrary and is not connected to 
consumer preference as the vast majority of consumers are satisfied 
with the performance of their dishwashers. (Id.) DOE's analysis of the 
available data indicates that a majority of test cycle types would meet 
the proposed cleaning index, aligning with GEA's comment that the vast 
majority of consumers are satisfied with their dishwasher cleaning 
performance.
    Whirlpool commented that even with adequate data that showed that 
the most energy-intensive cycle is consumer-representative, it does not 
believe that DOE could move forward with the proposal, citing little 
correlation between scores from the AHAM DW-2 performance test and 
actual consumer satisfaction data. (Whirlpool, No. 16 at p. 6) 
Whirlpool cited a study it conducted in which it charted consumer 
satisfaction data gathered with proprietary algorithms versus AHAM DW-
2-2020 cleaning indices and found poor correlation between the AHAM 
cleaning indices and consumer satisfaction. (Id. at pp. 6-7) While DOE 
appreciates the data provided by Whirlpool, DOE would require 
additional information regarding how Whirlpool quantified consumer wash 
sentiment. Based on the data available at this time, DOE believes that 
the cleaning performance threshold provides a reasonable proxy for when 
consumers are likely to be dissatisfied with performance on the normal 
cycle.
    Therefore, DOE's approach and methodology to determine the 
appropriate cleaning index threshold at which consumers are likely to 
re-run their dishwasher cycle is reasonable and DOE has used this same 
approach to determine its cleaning index threshold. As noted in section 
III.H.2 of this document, DOE is specifying that the cleaning index be 
calculated using soil particles only and the scores associated with 
spots, streaks, and rack contact marks on glassware items should be 
excluded when calculating the cleaning index. Accordingly, DOE re-ran 
its analysis to calculate cleaning indices for each tested unit without 
the scores of spots, streaks, and rack contact marks included. This 
resulted in an increase in cleaning indices for all units at all 
cycles. DOE used these cleaning indices for each unit and plotted the 
rate at which test cycles would meet or exceed different cleaning index 
values (in increments of 5 on the Cleaning Index scale). Figure III-2 
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. DOE then used these data and the consumer usage weighting 
factors specified in appendix C1 (and the new appendix C2) for the 
heavy (0.05), medium (0.33), and light (0.62) soil loads to calculate 
the percentage of cycles that would not meet the threshold on the 
normal cycle. The percentage of cycles that that would not meet the 
threshold on the normal cycle is shown in Figure III-3, 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 
and LBNL's survey data. Based on these results, DOE observes that a 
cleaning index of 70, calculated using only soil particles and 
excluding spots, streaks, and rack contact marks, is equivalent to the 
cleaning index threshold of 65 that it proposed in the December 2021 
NOPR. Accordingly, in this final rule, DOE is finalizing a cleaning 
index threshold of 70 in the new appendix C2, calculated using only 
soil particles and excluding spots, streaks, and rack contact marks.

[[Page 3262]]

[GRAPHIC] [TIFF OMITTED] TR18JA23.007

Figure III-2 Percentage of Heavy, Medium, and Light Soil Test Cycles 
When Tested on the Normal Cycle, That Meet or Exceed Cleaning Index
[GRAPHIC] [TIFF OMITTED] TR18JA23.008

Figure III-3 Percentage of Cycles That Would Not Meet the Threshold on 
the Normal Cycle at Each Cleaning Index Threshold

[[Page 3263]]

    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, 81 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 90 percent of the time (i.e., 10 
percent of cycles would not meet the threshold, as shown in Figure III-
3).\47\ For comparison, at a cleaning index of 70, 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 70 approximately 84 percent of the time 
(i.e., 16 percent of cycles would not meet the threshold, as shown in 
Figure III-3). At a cleaning index of 75, the percentage of test cycles 
at each soil level that would achieve the minimum cleaning index 
threshold is 94 percent for lightly soiled loads, 52 percent for medium 
soiled loads, and 45 percent for heavily soiled loads. On a weighted-
average basis, the measured normal test cycles would reach the 
threshold cleaning index of 75 approximately 77 percent of the time 
(i.e., 23 percent of cycles would not meet the threshold, as shown in 
Figure III-3). The 16-percent rate--representing the overall percentage 
of cycles that would not meet the threshold on the normal cycle--at a 
cleaning index threshold of 70--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 as well as LBNL's survey data, 
which noted that about 17 percent of consumers sometimes re-run their 
dishwasher due to inadequate cleaning. On the other hand, at a cleaning 
index threshold of 65, only 10 percent of cycles would be operated 
using a more energy-intensive cycle, which falls outside the 12 to 23 
percent range that DOE has estimated for the percentage of cycles that 
are likely to be operated on a more energy-intensive cycle and at a 
cleaning index threshold of 75, 23 percent of cycles would be operated 
using a more energy-intensive cycle, which is exactly at the upper 
limit of the range estimated by DOE. Therefore, DOE is establishing a 
cleaning index of 70 in appendix C2 to determine a valid test cycle.
---------------------------------------------------------------------------

    \47\ 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) + (81 percent x 
0.33) + (58 percent x 0.05) = 90 percent overall rate that meets a 
threshold of 65. Therefore, 10 percent of cycles would not meet the 
threshold of 65.
---------------------------------------------------------------------------

4. Validation of the Test Cycle
    Similar to the ENERGY STAR Cleaning Performance Test Method, in the 
December 2021 NOPR, DOE proposed that the cleaning index of the test 
cycles be determined for the same test cycle types required for the 
energy and water tests for both soil-sensing and non-soil-sensing 
dishwashers. 86 FR 72738, 72759. However, in the December 2021 NOPR, 
DOE proposed a slightly different test method for both soil-sensing and 
non-soil-sensing dishwashers, compared to the ENERGY STAR Cleaning 
Performance Test Method. Specifically, for soil-sensing dishwashers, 
DOE proposed that if the normal cycle did not meet the proposed 
cleaning index threshold, it would be re-run at the most energy-
intensive cycle that could meet the proposed threshold. DOE also 
proposed that the filter should be cleaned prior to testing the soil 
level at the most energy-intensive cycle. For non-soil-sensing 
dishwashers, DOE proposed in the December 2021 NOPR that these 
dishwashers be tested using the heavy soil load (as opposed to the 
clean test load). If the dishwasher met the proposed cleaning index 
threshold using the heavy soil load, no additional tests were proposed. 
If the dishwasher did not meet the proposed cleaning index threshold 
using the heavy soil load, DOE proposed that the unit be tested using 
the most energy-intensive cycle that met the proposed threshold as well 
as the medium soil load using the normal cycle. This process would be 
repeated for the light soil load, if the medium soil load did not meet 
the proposed threshold. Additionally, for compact dishwashers with less 
than four place settings, DOE proposed the number of place settings 
that should be soiled at the heavy, medium, and light soil loads. Id. 
DOE also presented alternate approaches to re-testing at the most 
energy intensive cycle, such as 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. Id.
    Based on this proposal, DOE sought comments on several topics in 
the December 2021 NOPR including its proposed approach for soil-sensing 
dishwashers, non-soil-sensing dishwashers, and compact dishwashers, 
cleaning the filter prior to testing at the most energy intensive 
cycle, and other potential methods to validate that the measured 
dishwasher energy and water consumption is representative of consumer 
use. Id. DOE also requested comments and data on cycle types that would 
be selected under the proposed test procedure, and the extent to which 
manufacturers would need to redefine the normal cycle to meet the 
proposed cleaning index threshold or if the proposal would result in an 
altered measured energy use for dishwashers that are currently 
minimally compliant. Id.
    AHAM commented that it analyzed the notice of data availability 
(``NODA'') data published by DOE and found that over a third of 
products would need to re-test the heavy soil level on the most energy-
intensive cycle, and for products at the ENERGY STAR V. 6.0 level, 
which is a significant number of models, 73 percent of models would 
need to re-test on the most energy-intensive cycle for the heavy soil 
load and 60 percent would need to re-test for the medium soil load. 
AHAM commented that it assumed 1 sigma for test variation (i.e., 7 
points) based on the test variation determined by AHAM and discussed 
elsewhere in this document. (AHAM, No. 17 at pp. 11-12) AHAM further 
stated that it could be possible that some of the current ENERGY STAR 
V. 6.0 certified units may not even meet the DOE maximum energy 
consumption standard when re-tested at the most energy-intensive cycle. 
(AHAM, No. 17 at p. 14)
    GEA referenced data provided in AHAM's comments to state that at 
least 75 percent of the units currently at EL 1 would not be able to 
meet DOE's proposed cleaning index threshold, and at least 30 percent 
of dishwashers meeting the current DOE minimum standard would fail to 
complete the four-place setting test (i.e., the heavy soil load) at a 
cleaning index threshold of 65. (GEA, No. 20 at p. 3)
    DOE notes that when estimating the number of cycles that would need 
to be retested on the most energy-intensive cycle, AHAM and GEA's 
analysis for the number of dishwashers in DOE's test sample not meeting 
the cleaning index threshold proposed in the December 2021 NOPR 
includes cycles that scored within 1 sigma higher than the proposed 
cleaning index threshold of 65 along with those that scored below 65. 
That is, cycles that met or exceeded the proposed cleaning index 
threshold, but scored less than 65 + 1 sigma, were included in the 
count of cycles that would need to be retested. However, as discussed 
in section III.H.2 of this document, DOE did not propose, nor is it 
specifying in this final rule, a tolerance on the cleaning index value.

[[Page 3264]]

Including cycles that scored within 1 sigma higher than the proposed 
cleaning index threshold of 65 in the count of cycles that would need 
to be retested because they did not meet the threshold value 
inaccurately represents the data presented by DOE in the December 2021 
NOPR. DOE also notes that, while its data show some test cycles that 
did not meet the specified cleaning index threshold, it determined that 
the percentage of such cycles, when weighted by the prevalence of 
consumers choosing each soil load as represented by the weighting 
factors in appendix C1 and the new appendix C2, is equivalent to the 
percentage of estimated cycles that are re-run or run by consumers at a 
more energy-intensive cycle. For the cycles that cannot meet the 
specified cleaning index threshold, DOE understands that these cycle 
types likely cannot ``completely wash a full load of normally soiled 
dishes,'' i.e., the cycle type(s) are not representative of average 
consumer use and, therefore, it would not be appropriate to test these 
cycle types to represent energy and water consumption. DOE also notes 
that many manufacturers are already evaluating the cleaning performance 
of their dishwasher basic models to meet the ENERGY STAR Most Efficient 
requirements.
    AHAM commented that EPCA does not contemplate or require test 
procedures to measure every possible cycle, combination of options, or 
use pattern, but requires test procedures measure only a 
``representative average use cycle or period of use.'' (42 U.S.C. 
6293(b)(3)) (AHAM, No. 17 at p. 2) DOE agrees and notes that the 
inclusion of the cleaning performance test will not require testing of 
every possible cycle. Instead, it will ensure that representations made 
using the test procedure are representative of average consumer use, as 
required by EPCA.
    During the December 2021 NOPR public meeting, AHAM questioned if 
DOE had any data to show that consumers would select a more energy-
intensive cycle because they are not satisfied with cleaning 
performance. AHAM commented that consumers could select a more energy-
intensive cycle for other reasons (e.g., they want to wash pots and 
pans). (AHAM, Public Meeting Transcript, No. 22 at p. 23) AHAM 
commented that manufacturers provide other cycle types on the 
dishwasher to address specific consumer needs, so consumers may select 
cycle types other than the normal cycle for reasons other than 
dissatisfaction with normal cycle cleaning performance. (AHAM, No. 17 
at p. 7) AHAM questioned whether a dishwasher model could be sold or 
certified if it does not meet the cleaning index threshold on the most 
energy-intensive cycle. (AHAM, Public Meeting Transcript, No. 22 at p. 
39) During the October 2022 ex parte meeting, AHAM commented that the 
``most'' energy-intensive cycle will almost never meet the proposed 
standards because it will likely be one that uses high heat to provide 
specific consumer utility such as, for example, sanitization or 
cleaning of pots and pans. (AHAM, No. 27 at p. 2) Instead, AHAM 
recommended that the test procedure be set up such that if the tested 
cycle type does not meet the cleaning index threshold requirement, it 
is tested at the ``next more'' energy-intensive cycle type that meets 
the cleaning performance threshold. AHAM acknowledged that this 
approach would not decrease test burden, but noted that this approach 
would not have the unintended consequence of eliminating cycle types 
that rely on high heat to provide consumer utility. AHAM stated that 
this approach would allow manufacturers to provide consumers with 
incremental levels of energy and cleanliness. (Id.)
    During the December 2021 NOPR public meeting, Whirlpool questioned 
if there were any data to indicate that the most energy-intensive 
cycles are for daily, regular, typical use to completely wash a full 
load of normally soiled dishes. (Whirlpool, Public Meeting Transcript, 
No. 22 at p. 18) Whirlpool commented that while its products all have a 
normal cycle intended for daily, regular, or typical use to completely 
wash a full load of normally soiled dishes, consumers may have 
specialty cycle type needs or use cases for dishwashers beyond daily, 
regular, or typical use for normally soiled dishes. (Whirlpool, No. 16 
at p. 4) Whirlpool claimed that manufacturers may make non-normal cycle 
types more efficient in case they are tested as the most energy-
intensive in the event that a dishwasher does not meet the cleaning 
index threshold. (Whirlpool, No. 16 at p. 9) Whirlpool commented that 
these cycle types provide specialty purposes for consumers and are not 
recommended for daily, typical, or regular use to completely wash a 
full load of normally soiled dishes. (Id.) Whirlpool commented that 
consumers would accept higher energy and water consumption to clean 
hard to remove soils on pots and pans. (Id.) Whirlpool commented that 
if manufacturers redesign cycle types to be more efficient, consumers 
may not get the performance that they desire and may resort to other 
more energy-intensive options to compensate for worse performance, such 
as handwashing items that may have been previously washing in the 
dishwasher, using cycle options that increase energy and/or water 
consumption, running the dishwasher multiple times, etc., which could 
lead to lost energy savings. (Id.)
    DOE notes that the inclusion of the cleaning performance test and 
minimum cleaning index threshold is to ensure that the tested cycle 
type is representative of average consumer use. To the extent that the 
normal cycle can meet the specified cleaning index threshold, it would 
be representative of average consumer use and testing would not be 
required on any additional cycles. However, if the normal cycle cannot 
meet the specified cleaning index threshold, this cycle is likely not 
representative of average consumer use and consumers would likely use a 
more energy-intensive cycle to achieve their desired cleaning 
performance as cleaning performance is expected to improve with 
increased energy and water use. As noted previously, this aligns with 
survey data presented by LBNL in its report, wherein 17 percent of 
consumers stated they sometimes re-run their dishwasher due to 
inadequate cleaning. To the extent that manufacturers design the normal 
cycle to be representative of average consumer use with respect to 
cleaning performance, additional cycle types provided for specialty 
reasons would continue to be non-regulated and would not be considered 
in the measurement of energy and water consumption. Additionally, DOE's 
requirement that the most energy-intensive cycle be selected for 
testing, rather than a more energy-intensive cycle that meets the 
cleaning index threshold, aligns with the definition of normal cycle, 
which specifies, in part, that if no cycle or more than one cycle is 
recommended for daily, regular, or typical use to completely wash a 
full load of normally soiled dishes, the most energy-intensive cycle is 
considered the normal cycle. Section 1.12 of appendix C1. This 
requirement also harmonizes with the approach DOE has taken for other 
test procedures in which a threshold level for validity is defined 
(e.g., the dryness level setting for clothes dryers with automatic 
cycle termination in the DOE clothes dryer test procedure at appendix 
D2, wherein if the final moisture content after completion of the 
drying cycle is greater than 2 percent, the test is considered invalid 
and a new run is conducted using the highest dryness level setting.) 
Section 3.3.2 of 10 CFR

[[Page 3265]]

appendix D2 to subpart B of part 430. Further, given that the 
dishwasher cleaning performance requirement is included only in 
appendix C2, which will not go into effect until the compliance date of 
any future amended energy conservation standards, manufacturers will 
have sufficient time to redesign the normal cycle, if needed, to ensure 
it meets the specified cleaning index threshold and avoid the need for 
additional testing with the most energy-intensive cycle.
    AHAM commented that even if consumers were equally likely to select 
a more energy-intensive cycle as they were to select a less energy-
intensive cycle, the decision to measure cleaning performance on the 
most energy-intensive cycle was still unjustified because there is no 
evidence that if a consumer selects a more energy-intensive cycle to 
achieve better performance that they would most often or always use 
that single cycle to get better performance. (AHAM, No. 17 at p. 7)
    Whirlpool commented that there are many different potential 
responses if a consumer was not satisfied with cleaning performance of 
the dishwasher, including handwashing and prerinsing more, using more 
or different detergent, high temperature wash and rinse options, 
running the dishwasher twice, or selecting a different cycle type, and 
DOE ultimately did not present any data to show that consumers would 
most likely turn to the most energy-intensive cycle if they are 
unsatisfied with the performance of their dishwasher. (Whirlpool, No. 
16 at p. 6)
    DOE does not disagree that consumers that are dissatisfied with the 
cleaning performance of their dishwasher on the normal cycle may turn 
to other behaviors that improve cleaning of the dishware, including the 
example behaviors described by Whirlpool. Indeed, as noted in the LBNL 
report, 55 percent of respondents indicated that they typically pre-
rinse dishes before loading them in the dishwasher.\48\ In the event a 
dishwasher is unable to adequately clean a load of dishes on the normal 
cycle, DOE expects consumers to take one or more energy-intensive 
actions since using more water or energy would generally help improve 
dishwasher cleaning performance, consistent with Whirlpool's comment: 
pre-washing; hand-washing dishes following a normal cycle; re-washing 
dishes on a normal cycle; re-washing dishes on a more-intensive cycle. 
DOE lacks data adequate to predict exactly how many consumers will 
elect one or more of those energy-intensive actions. In the absence of 
such data, DOE believes that testing on the most energy-intensive cycle 
provides the best available heuristic for the behavior of a consumer 
dissatisfied by the cleaning performance on the normal cycle.
---------------------------------------------------------------------------

    \48\ ``Dishwashers in the Residential Sector: A Survey of 
Product Characteristics, Usage, and Consumer Preferences.'' Section 
4.3.2.1. Available at www.osti.gov/biblio/1827934. Last accessed 
July 6, 2022.
---------------------------------------------------------------------------

    When promulgating dishwasher test procedures, DOE must comport with 
the EPCA requirement that the test procedures produce measures of 
energy and water consumption representative of an average use cycle or 
period of use and not be unduly burdensome to conduct. DOE concludes 
that, given the array of possible alternative consumer behaviors when a 
dishwasher does not achieve acceptable cleaning performance, testing 
that soil load just once more on the most energy-intensive cycle is the 
most representative, least burdensome proxy that accounts for the 
additional energy and water consumption that would be incurred.
    AHAM commented that DOE had failed to adequately consider what 
happens if a product fails to meet a cleaning index score of 65 on a 
test cycle, if scores are to be averaged to meet the 65 threshold, and 
if so, how many test cycles can be averaged in that process. AHAM 
recommended that DOE should not proceed with its proposal to include a 
performance metric until it has addressed these concerns. (AHAM, No. 17 
at pp. 12-13) During the October 2022 ex-parte meeting, AHAM 
recommended that DOE should use the average cleaning index of each soil 
level across all tested units. (AHAM, No. 27 at p. 2) AHAM commented 
that this is the method used by the ENERGY STAR Program and it is a 
better method because it would recognize that there is significant test 
variation. (Id.)
    Regarding AHAM's comment that DOE failed to adequately consider 
what happens if a product fails to meet a cleaning index score of 65 on 
a test cycle, DOE explicitly described in the December 2021 NOPR the 
implications if a product fails to meet a cleaning index score of 65. 
Specifically, DOE explained that 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 
that achieves a cleaning index threshold of 65 or greater. 86 FR 72738, 
72759. 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. Id. As discussed, DOE is 
finalizing a cleaning index threshold of 70 in this document, 
calculated using only soil particles and excluding spots, streaks, and 
rack contact marks. 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 that 
achieves a cleaning index threshold of 70 or greater. DOE notes that if 
a test cycle at a particular soil level fails to achieve a cleaning 
index threshold of 70 or greater on any cycle type available on the 
dishwasher, the measured energy and water consumption of the dishwasher 
at that soil level would not reflect a representative average use 
cycle, since it would not have washed the dishware to a consumer-
accepted level of cleaning performance. Such test results may not be 
used for certification of compliance with energy conservation 
standards.
    Regarding AHAM's comment that DOE failed to adequately consider if 
scores are to be averaged to meet the 65 threshold, and if so, how many 
test cycles can be averaged in that process, DOE explicitly stated in 
the December 2021 NOPR how scores are to be calculated. Specifically, 
DOE proposed that each [emphasis added] 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. 86 FR 72738, 72759. 
In other words, scores are not averaged to meet the defined cleaning 
index threshold; rather, each individual soil response test cycle must 
achieve the defined cleaning index. DOE notes that, unlike for the 
ENERGY STAR Cleaning Performance Test Method, it is technically 
infeasible in the test procedure DOE proposed in the December 2021 NOPR 
to average the cleaning index at each soil level for the test sample 
because the proposed DOE test procedure is specified for a single test 
unit, and must produce a representative measure of energy use for each 
dishwasher that is tested. For each tested unit, the proposed test 
procedure requires that the test be conducted sequentially, starting at 
the heavy soil load, followed by the medium and light soil loads, with 
cleaning performance evaluated at each soil load. To proceed to the 
next soil load test (e.g., from heavy soil load to medium soil load), a 
given soil load (i.e., heavy soil load) would be required to be tested 
at the normal cycle or the most energy-intensive cycle type if the 
normal cycle does not meet the specified cleaning index threshold. That 
is, a given unit's test cannot proceed until each soil load

[[Page 3266]]

meets the cleaning index threshold. It is not feasible to hinge the 
determination of which cycle type must be tested for each soil load on 
an average value of multiple test units. Accordingly, this final rule 
maintains the requirements from the December 2021 NOPR that each tested 
cycle is required to achieve the specified cleaning index threshold to 
constitute a valid cycle.
    AHAM commented that DOE had not considered potential secondary 
effects, such as impacts to minimally compliant products, 
recertification requirements for products that do not meet the cleaning 
index threshold, and labeling impacts. (AHAM, No. 17 at p. 13)
    DOE's test sample included two units that just meet current energy 
conservation standards, and both of these units met or exceeded the 
cleaning index threshold for all soil loads, including for the heavy 
soil load test cycle. Because better cleaning performance is typically 
easier to achieve with higher energy and water consumption, and 
minimally compliant dishwashers are those that use relatively more 
energy and water, DOE concludes that minimally compliant products are 
capable of meeting the cleaning index threshold requirements. 
Additionally, DOE is finalizing the cleaning performance requirements 
in the new appendix C2, which will only take affect with any future 
amended standards, so there will not be any direct impacts on minimally 
compliant products, recertification requirements, or labeling.
    Additionally, DOE is not amending the certification or reporting 
requirements for dishwashers in this final rule to require reporting of 
the cleaning index when the use of the new appendix C2 is required. 
Instead, DOE may consider proposals to amend the certification and 
reporting requirements for dishwashers under a separate rulemaking 
regarding appliance and equipment certification.
    AHAM commented that if the performance metric is included in the 
final test procedure, DOE should determine what occurs when a machine 
has an anomalous cycle as DOE has done this for other products. (AHAM, 
No. 17 at p. 15) Whirlpool commented that it supported AHAM's position 
on anomalous cycles. (Whirlpool, No. 16 at p. 2) From testing, DOE has 
observed that dishwashers typically do not have ``anomalous cycles.'' 
For dishwashers that may have increased energy or water use for some 
cycles but not others, DOE's testing experience has indicated that 
``anomalous behavior'' typically occurs in response to the machine's 
sensor response. That is, the dishwasher operation is not anomalous, 
but accurate in terms of how the unit's sensor is likely designed to 
respond. Accordingly, DOE is not providing any additional requirements 
for what stakeholders are referring to as ``anomalous cycles.''
    AHAM commented that the proposed cleaning performance requirement 
adds test burden with respect to dishwashers that do not have soil 
sensors. (AHAM, No. 17 at p. 12) AHAM commented that currently, testing 
of non-soil-sensing dishwashers does not require soiled dishes for a 
test run. (Id.) AHAM commented that DOE's proposal adds the extra 
burden of adding soils to dishwashers that do not have soil sensors. 
AHAM commented that with this proposal, testing with the three soil 
levels--heavy, medium, and light--the number of tests for non-soil-
sensing dishwashers could increase up to threefold. (Id.)
    DOE recognizes that there would be an increase in test burden for 
testing non-soil-sensing dishwashers. However, as stated in the 
December 2021 NOPR, non-soil-sensing dishwashers would not be tested a 
priori at all three soil levels. Rather, to mitigate the burden 
associated with testing non-soil-sensing dishwashers using a soiled 
load, DOE proposed in the December 2021 NOPR, and is specifying the 
same requirement in this final rule, that non-soil-sensing dishwashers 
must first be tested using only the heavy soil load. If the test with 
the heavy soil load is representative of average consumer use (i.e., it 
meets a cleaning index threshold of 70), no additional tests are 
required. 87 FR 72738, 72759. This approach is less burdensome than 
requiring that all three soil levels be tested, as specified in the 
ENERGY STAR Cleaning Performance Test Method, regardless of how the 
dishwasher performs at each soil level. Section III.L.1 of this 
document estimates the increase in testing costs for non-soil-sensing 
dishwashers.
    The following paragraphs discuss specific details regarding the 
implementation of the cleaning performance test for soil-sensing and 
non-soil-sensing dishwashers, respectively, including compact 
dishwashers with a capacity of less than four place settings.
    For soil-sensing dishwashers, section 2.6.3 of the currently 
applicable 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 specifies maintaining this test sequence, which is also specified 
in section 2.6.3 of AHAM DW-1-2020, in both the amended appendix C1 and 
the new appendix C2. Additionally, in the new appendix C2, each of the 
sensor heavy, medium, and light response test cycles would be required 
to achieve a cleaning index of 70 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 that achieves a cleaning 
index threshold of 70 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 70 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, the filter 
should be cleaned prior to testing the soil level at the most energy-
intensive cycle that achieves a cleaning index of 70 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 these amendments (in which the 
sequence of test cycles may requiring switching from the normal cycle 
to a different cycle type).
    Non-soil-sensing dishwashers are tested with a clean (i.e., 
unsoiled) test load according to the requirements in the currently 
applicable appendix C1, and this approach is maintained under the 
amended appendix C1. For the new appendix C2, which specifies the 
threshold cleaning index requirement, DOE specifies that non-soil-
sensing dishwashers must be tested instead with a soiled load. 
Specifically, for non-soil-sensing dishwashers, DOE specifies 
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 70 or greater, as specified 
for soil-sensing dishwashers. The same equations specified for soil-
sensing dishwashers in section 5 of the currently applicable appendix 
C1, Calculations of Derived Results from Test Measurements, would apply 
to non-soil-sensing dishwashers in the new appendix C2. The test 
procedure specifies testing the heavy, medium, and light soil levels, 
in that sequence. Since non-soil-sensing dishwashers consume a fixed 
amount of

[[Page 3267]]

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 70 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.
    Further, in the December 2021 NOPR, DOE noted 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. 86 FR 72738, 72760. 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 stated that it 
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.E.5 and III.E.6, respectively, of this document). Id. For 
such dishwashers, as well as any soil-sensing compact dishwashers that 
have a rated capacity of less than four place settings, DOE specified 
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. Id.
    DOE did not receive any comments in response to its proposed 
requirements for soiling compact dishwashers with a capacity of less 
than four place settings. Accordingly, DOE is adopting the 
aforementioned soiling requirements for compact dishwashers with a 
capacity of less than four place settings in the new appendix C2. For 
the amended appendix C1, the number of place settings and soiling 
requirements for compact dishwashers is the same as specified in the 
currently applicable appendix C1.
5. Determining the Most Energy-Intensive Cycle
    In the December 2021 NOPR, DOE proposed instructions for 
determining the most energy-intensive cycle that could achieve the 
proposed cleaning index threshold, to be conducted only if the normal 
cycle of a given unit could not achieve the threshold. 86 FR 72738, 
72760. DOE proposed that the most energy-intensive cycle would be 
determined by conducting a single test cycle with a clean test load for 
each available cycle type (e.g., Normal, Heavy Duty, Pots and Pans, 
etc.). Id.
    DOE also proposed 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. Id.
    DOE requested feedback on its proposed methodology for determining 
the most energy-intensive cycle. Id. DOE also requested feedback on 
whether it should consider determination of the most energy-intensive 
cycle for sensor response test cycles using the respective soil load. 
Id.
    GEA commented that DOE's proposal which requires that, if a machine 
fails to achieve a minimum cleaning index threshold, the filter must be 
washed prior to running subsequent cycles is not adequate to return the 
dishwasher to its pre-tested condition. GEA suggested that in addition 
to cleaning the filter, the unit under test should be run through a 
complete normal cycle without dishes, soil, or detergent. Finally, the 
filter should then be cleaned a second time before the test process 
proceeds with additional test runs. GEA explained that these steps 
provide increased assurance that results from one test do not influence 
the results of a subsequent test. (GEA, No. 20 at p. 4)
    DOE notes that cleaning the filter in between different test series 
is consistent with other industry standards. The IEC standard, for 
example, specifies cleaning only the filter when conducting cleaning 
performance tests. Additionally, requiring running an additional test 
cycle type and cleaning the filter a second time would add additional 
test burden that may not be necessary in terms of cleaning out the 
dishwasher unit.
    AHAM commented that the process to determine the most energy-
intensive cycle is unduly burdensome, since the proposal requires 
running several cycle types with a clean load to identify the most 
energy-intensive cycle, and then run another cycle with a soiled load 
because scoring of cleaning takes place after the energy test. (AHAM, 
No. 17 at p. 11) AHAM further stated that the additional burden 
associated with determining the most energy-intensive cycle is likely 
to apply to most models and makes the test procedure unduly burdensome 
to conduct. (AHAM, No. 17 at p. 12)
    DOE notes that while the procedure to determine the most energy-
intensive cycle type would add burden, DOE's considered approach is 
less burdensome than other alternative approaches that would require 
running each available test cycle type with a soiled load. DOE 
additionally clarifies that it expects manufacturers to know the most 
energy-intensive cycle type for their basic models and as such does not 
expect manufacturers to need to test each cycle type with a clean load 
to determine the most energy-intensive cycle as part of testing to 
determine compliance with any future standards. The procedure that DOE 
proposed to determine the most energy-intensive cycle type would be 
conducted only if the most energy-intensive cycle is unknown and is the 
approach that DOE would use during enforcement testing, should any such 
testing be conducted. DOE has clarified its intent in the regulatory 
text in the new appendix C2 and in a new section in 10 CFR part 
429.134.
    DOE is finalizing its proposal, in the new appendix C2, with minor 
updates discussed in the preceding paragraph, to determine the most 
energy-intensive cycle that can achieve a cleaning index threshold of 
70 through testing with a clean load, should the normal cycle at a 
specific soil load be unable to achieve this threshold.

[[Page 3268]]

I. 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.
    For the December 2021 NOPR, 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. 86 FR 72738, 72761. 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. Id.
    Section 4.2 of the 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.
    In the December 2021 NOPR, DOE proposed 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. Id. DOE 
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 in response to the August 2019 RFI that 
most consumers will keep the dishwasher door closed to prevent 
disruption of foot traffic patterns in their kitchen.\49\ Id.
---------------------------------------------------------------------------

    \49\ In response to the August 2019 RFI, CEC commented 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)
---------------------------------------------------------------------------

    Based on DOE's interactions with test laboratories, dishwashers are 
already tested with the door closed in standby mode. Id. Therefore, DOE 
stated in the December 2021 NOPR that it does not expect any increase 
in costs to manufacturers from this proposed update were it made final. 
Id. DOE requested 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 the new appendix C2. Id.
    AHAM commented that it agrees with DOE's proposal to specify that 
the door be opened and closed ``immediately'' for standby testing, but 
that DOE provide additional language to require a minimum time for door 
opening at the end of the test cycle. (AHAM, No. 17 at pp. 15-16) AHAM 
suggested a minimum door opening time of 10 seconds after completion of 
the cycle. (Id.) During the December 2021 NOPR public meeting, 
Whirlpool commented that some dishwashers may have ``cycle-finish'' 
behavior if the door is opened and closed immediately compared to if it 
is opened for a slightly longer period of time, which would represent a 
consumer unloading the dishwasher and closing the door after unloading. 
(Whirlpool, Public Meeting Transcript, No. 22 at pp. 54-55) In written 
comments, Whirlpool commented that it supported AHAM's position on door 
opening at the end of the cycle for standby mode power measurement. 
(Whirlpool, No. 16 at p. 2)
    The Joint Commenters commented that they agree with the approach 
that DOE is proposing to use for standby mode and off mode testing as 
it will help improve reproducibility of the test procedure by ensuring 
that all manufacturers are testing standby mode and off mode power in a 
consistent manner. (Joint Commenters, No. 18 at p. 2)
    DOE notes that the intent of its proposal in the December 2021 NOPR 
was that the dishwasher is in-fact in standby mode when the standby 
mode test is conducted. However, DOE does not have any data, and AHAM 
did not provide any additional data, to determine if 10 seconds is 
sufficient to ensure that the dishwasher transitions from active mode 
to standby mode. Accordingly, while DOE is not including any 
clarification in appendix C1 and the new appendix C2 regarding the 
length of time the door should remain open, DOE notes that the intent 
of this requirement is to ensure that the dishwasher door is opened for 
a sufficient period of time such that the dishwasher enters a lower-
power state before it is shut, and standby power is measured.
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 \50\ and off mode,\51\ 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:
---------------------------------------------------------------------------

    \50\ 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.
    \51\ Off mode means a mode in which the dishwasher is connected 
to a main 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 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

[[Page 3269]]

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.
    In the December 2021 NOPR, DOE proposed 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. 86 FR 
72738, 72762. 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.
    In the December 2021 NOPR, DOE stated that the proposed change to 
the combined low-power annual hours would potentially impact the 
measured EAEU. Id. DOE also noted that the current energy conservation 
standard was developed using the method for determining the combined 
low-power annual hours specified in appendix C1. Id. As such, in the 
December 2021 NOPR, DOE proposed that, if this proposal were adopted, 
this change would go into effect in conjunction with any amended energy 
conservation standards for dishwashers. Id. Accordingly, DOE proposed 
that the updated calculation of annual low-power mode energy 
consumption be included only in the new appendix C2. Id. Appendix C1 
would continue using the current method for calculating the annual low-
power mode energy consumption. DOE requested 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 new appendix C2. Id.
    DOE did not receive any comments on this topic and is finalizing 
its proposal, consistent with the December 2021 NOPR, 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 new appendix C2.

J. Network Mode

    Appendix C1 currently does not address ``network mode'' power 
consumption. In the December 2021 NOPR, DOE stated that it is aware of 
dishwashers with network capabilities that are currently on the market. 
86 FR 72738, 72762. However, DOE stated that it did not have sufficient 
data at the time of publication of the December 2021 NOPR regarding the 
energy use and consumer use patterns associated with such capabilities 
to evaluate potential test procedure provisions related to network 
capabilities. Id. Therefore, in the December 2021 NOPR, DOE proposed 
that all network functions must be disabled during testing. Id. 
Specifically, DOE proposed to include a requirement in appendix C1 and 
the 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. Id. 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 sought comment on its proposal to require 
the disablement of all network functions throughout the duration of 
testing. Id. DOE sought the following information regarding connected 
dishwashers that could inform future test procedure considerations.
    DOE requested feedback on connected dishwashers currently on the 
market. Id. Specifically, DOE requested input on the types of features 
or functionality enabled by connected dishwashers that exist on the 
market or that are under development. Id.
    DOE requested 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. Id. DOE requested 
data on the amount of additional or reduced energy use of connected 
dishwashers. Id.
    DOE requested 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. Id. DOE requested 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. Id.
    The CA IOUs recommended that DOE test dishwashers in the as-shipped 
configuration, rather than disabling network functions as there is no 
evidence to suggest that consumers actively disable these functions. 
(CA IOUs, No. 19 at p. 2; CA IOUs, Public Meeting Transcript, No. 22 at 
p. 69) During the December 2021 NOPR public meeting, ASAP echoed the 
comments provided by the CA IOUs. (ASAP, Public Meeting Transcript, No. 
22 at pp. 69-70)
    The CA IOUs referenced a PG&E survey in which 96 percent of 
consumers with a smart clothes washer as well as 96 percent of 
consumers with a smart microwave oven reported that they do not make an 
attempt to disable Wi-Fi or smart application functions. (CA IOUs, No. 
19 at pp. 2-3) The CA IOUs commented that even though these are 
different products, there was no reason to believe the trends would be 
different for other household appliances and reiterated that DOE should 
require testing with network functions set in their as-shipped 
conditions. Id.
    The Joint Commenters urged DOE to require that all dishwashers be 
tested with network functions in the ``as-shipped'' condition, instead 
of DOE's position that all network functions be disabled prior to 
testing. (Joint Commenters, No. 18 at pp. 2-3) The Joint Commenters 
expressed concern that DOE's proposal would allow many dishwashers to 
be tested with network functions disabled even though those functions 
may be unlikely to be disabled in the field. Specifically, the Joint 
Commenters stated that if a dishwasher with connected features is 
shipped with those features enabled, they believe it is unlikely that 
most consumers will disable those features. The Joint Commenters 
suggested that DOE require all dishwashers be tested ``as shipped'' 
regardless of whether the user manual provides instructions for 
disabling the network functions. (Joint Commenters, No. 18 at p. 3)
    As discussed, DOE is aware of a number of dishwashers on the market 
with varying implementations of connected functionality. DOE has 
observed different implementations of connected features across 
different brands, and the design and operation of these features is 
continuously evolving. Accordingly, DOE is finalizing its proposal, 
consistent with the December 2021 NOPR, to disable all network 
functions during testing. Specifically, DOE is finalizing its proposal 
to include

[[Page 3270]]

a requirement in appendix C1 and the 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.

K. Test Cycle Duration and Updates to 10 CFR 430.32

    In the December 2021 NOPR, DOE proposed to specify a method for 
determining cycle duration in section 5.3 of appendix C1 and the new 
appendix C2. 86 FR 72738, 72763. DOE proposed that the test duration be 
calculated as 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). Id. At the 
time of issuance of the December 2021 NOPR, there were three product 
classes for dishwashers: standard dishwashers, compact dishwashers, and 
standard dishwashers with a cycle duration of 60 minutes or less. Since 
publication of the December 2021 NOPR, DOE has rescinded the standard 
dishwashers with a cycle duration of 60 minutes or less product class. 
See 87 FR 2673. At the time DOE proposed the calculation of test 
duration, it was to aid in the determination of cycle duration, which 
would have been used to determine the appropriate product class for a 
given unit.
    In the December 2021 NOPR, DOE also proposed to incorporate by 
reference AHAM DW-1-2020 in its entirety into 10 CFR part 430, and 
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.'' Id. Additionally, DOE proposed to update the 
references to AHAM DW-1 in the standard size dishwasher and compact 
size dishwasher descriptions in 10 CFR 430.32. Id.
    DOE requested 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). Id. DOE also requested comment on the proposal 
to explicitly provide the method for determining cycle duration in 
appendices C1 and C2.
    The CA IOUs commented that while they support DOE's proposal to 
include a cleaning performance test method and cleaning index 
threshold, they were concerned that this may inadvertently impact 
customer dissatisfaction elsewhere, such as cycle time performance. (CA 
IOUs, No. 19 at p. 3) The CA IOUs therefore reiterated their support 
for both measurement of cycle time and disclosure of cycle time to 
allow consumers to better understand these tradeoffs and prioritize 
their needs regarding cycle time and energy performance. Id. The CA 
IOUs commented in support of DOE's decision to add measurement of cycle 
time to the test procedure and asked DOE to consider public disclosure 
and reporting of cycle time, since consumers may be interested in this 
data. Id.
    DOE notes that because the standard size dishwasher with a normal 
cycle time of 60 minutes or less product class was revoked in a final 
rule published in January 2022 (87 FR 2673), the cycle duration 
calculation as provided in section 5.3 of appendix C1 and appendix C2 
of the December 2021 NOPR is not relevant. Instead, the cycle duration 
calculation as part of the low-power mode energy consumption 
calculation would be more relevant for determining dishwasher cycle 
duration because this calculation is used to determine the annual low-
power mode hours and active mode hours. As discussed in section III.I.2 
of this document, cycle duration is calculated as the simple average of 
the sensor heavy, medium, and light response cycles and, for 
dishwashers with a heated dry option, the duration of the truncated 
sensor heavy, medium, and light response cycles is also included in the 
cycle duration calculation. While DOE is not including any reporting 
requirements in this document, it could consider including a reporting 
requirement for SLP, which is the combined low-power annual 
hours and is a calculated value when determining low-power mode energy 
consumption, in a future certification rulemaking. The cycle duration 
could then be determined from SLP by subtracting 
SLP from 8,766 annual hours and dividing by the annual 
dishwasher cycles (184 cycles per year when testing according to the 
new appendix C2).
    Accordingly, DOE is removing the cycle duration calculation that it 
proposed in the December 2021 NOPR. Additionally, DOE did not receive 
any comments on its proposal to update the reference in 10 CFR 430.32 
to AHAM DW-1-2020. Therefore, DOE is finalizing its proposal, 
consistent with the December 2021 NOPR, to update the standard size 
dishwasher and compact size dishwasher descriptions at 10 CFR 
430.32(f)(1)(i)-(iii).

L. Test Procedure Costs and Harmonization

1. Test Procedure Costs and Impact
    In this document, DOE amends the existing test procedure for 
dishwashers at appendix C1 and adopts a new test procedure at appendix 
C2. The amendments to appendix C1 establish requirements for water 
hardness, relative humidity, and loading pattern; update requirements 
for ambient temperature, detergent dosage, and standby power 
measurement; and include testing approaches from published waivers for 
dishwashers. The new appendix C2 additionally includes provisions for 
evaluating cleaning performance and establishing a minimum per-cycle 
cleaning index threshold as a condition for a valid test, and updated 
annual number of cycles and low-power mode hours for the calculation of 
energy consumption.
    The amendments to appendix C1 establish new requirements for water 
hardness and relative humidity and update the requirements for ambient 
temperature. DOE does not expect these requirements 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 amendments, as well as 
general industry acceptance for these requirements as they pertain to 
dishwashers and other appliances.
    DOE is also establishing in appendix C1 a new requirement for 
loading soiled dishes. DOE does not expect this requirement to change 
the rated energy and water use because the thermal mass inside the 
dishwasher chamber will be the same, regardless of how the dishes are 
loaded in the unit. DOE also does not expect this requirement 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 require the loading pattern specified in this 
document).
    Further, DOE is also establishing a new detergent type and approach 
for calculating the detergent dosage in appendix C1. However, DOE is 
also retaining the current detergent type and dosing requirement. As 
such, DOE does not expect this requirement to increase test burden as 
compared to current industry practice. Id.
    DOE further specifies in appendix C1 that standby mode power 
consumption be measured with the door closed.

[[Page 3271]]

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 
update.
    The amendments to appendix C1 will not impact the representations 
of dishwasher energy and water use. Manufacturers will be able to rely 
on data generated under the test procedure in effect prior to the 
adoption of the amended appendix C1. As such, retesting of dishwashers 
will not be required solely as a result of DOE's adoption of the 
amendments to appendix C1.
    In addition to the amendments to appendix C1, DOE is also 
establishing a new appendix C2. As stated, use of the new appendix C2 
will be required in conjunction with the compliance date of any future 
amendments to the energy conservation standards for dishwashers. DOE is 
specifying the evaluation of cleaning performance in the new appendix 
C2. Specifically, DOE is requiring that each tested soil load must meet 
a minimum per-cycle cleaning index threshold of 70 for a test cycle to 
be considered valid. Further, the new appendix C2 includes changes to 
the annual number of cycles and low-power mode hours, both of which are 
used for the calculation of energy consumption. While the requirement 
to evaluate cleaning performance would increase test burden, the 
updates to the annual number of cycles and low-power mode hours will 
change certain inputs to the calculation, but will not impact the 
burden as compared to conducting the calculation under the test 
procedure as amended in appendix C1.
    DOE estimates the cost to test a soil-sensing dishwasher, according 
to the new appendix C2, to be approximately $2,334 per basic model and 
that for a non-soil-sensing dishwasher to be approximately $735 per 
basic model. These costs were estimated as follows.
    Based on its experience conducting dishwasher testing, DOE 
estimates the total duration to test dishwashers according to the 
currently applicable version of appendix C1, and the amended 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. The new appendix C2 also prescribes the use of a 
new detergent type and method to calculate the detergent dosage 
compared to the detergent dose estimation in the current appendix C1. 
Based on testing that DOE conducted in support of the October 2020 
Final Rule, DOE estimates that the updated detergent dosage methodology 
will 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 currently applicable (and amended) 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, isolate the water consumed during these 
specific portions of the cycle, and then calculate the quantity of 
detergent required. Therefore, DOE estimates the test duration under 
the new appendix C2 to be 27 hours for soil-sensing dishwashers (25 
hours currently + 1 hour per soil load to score the load and calculate 
the cleaning index--1 hour using the updated detergent dosage 
methodology). As discussed previously, DOE does not expect 
manufacturers to run additional tests as part of compliance testing to 
determine the most energy-intensive cycle type, in the event that a 
given basic model cannot meet the specified cleaning index threshold on 
the normal cycle at any soil load. Accordingly, DOE has not estimated 
costs for this test.
    Non-soil-sensing dishwashers are to be tested on the heavy soil 
load under the new appendix C2. This will 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 mitigate burden, DOE is 
additionally specifying 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 the new appendix C2, DOE estimated 
that most non-soil-sensing dishwashers will only be tested at the heavy 
soil load. DOE also estimates that the updated detergent dosage 
methodology will reduce testing time by about 1 hour. Therefore, DOE 
estimated the total testing duration for non-soil sensing dishwashers 
under the new appendix C2 to be 8.5 hours (6 hours currently + 2.5 
hours to soil the load + 1 hour to score the load and calculate the 
cleaning index--1 hour using updated detergent dosage methodology). 
Similar to soil-sensing dishwashers, DOE does not expect manufacturers 
to run additional tests as part of compliance testing to determine the 
most energy-intensive cycle type, in the event that a given basic model 
cannot meet the specified cleaning index threshold on the normal cycle 
at any soil load. Accordingly, DOE has not estimated costs for this 
test.
    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 
$30.47.\52\ 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 estimated that wages make up 
70.5 percent of the total compensation for private industry 
employees.\53\ Therefore, DOE estimated that the total hourly 
compensation (including all fringe benefits) of a technician performing 
these tests to be approximately $43.22.\54\ Using these labor rates and 
time estimates, DOE estimated that it will cost dishwasher 
manufacturers approximately $2,334 to test at least two units for each 
basic model for soil-sensing dishwashers and approximately $735 to test 
at least two units for each basic model for non-soil-sensing 
dishwashers.\55\
---------------------------------------------------------------------------

    \52\ 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 2021) to estimate 
the hourly wage rate of a technician assumed to perform this 
testing. See www.bls.gov/oes/current/oes173027.htm. Last accessed 
July 4, 2022.
    \53\ DOE used the June 2022 ``Employer Costs for Employee 
Compensation'' to estimate that for ``Private Industry Workers,'' 
``Wages and Salaries'' are 70.5 percent of the total employee 
compensation. See www.bls.gov/news.release/pdf/ecec.pdf. Last 
accessed October 19, 2022.
    \54\ $30.47 / 0.705 = $43.22.
    \55\ Soil-sensing dishwasher: $43.22 x 27 hours x 2 units per 
basic model = $2,333.88 (rounded to $2,334); non-soil-sensing 
dishwasher: $43.22 x 8.5 hours x 2 units per basic model = $734.74 
(rounded to $735).
---------------------------------------------------------------------------

    The incremental increases in testing costs under the new appendix 
C2 compared to the current and amended appendix C1 are approximately 
$173 per soil-sensing dishwasher basic model and approximately $216 per 
non-soil-sensing dishwasher basic model.\56\
---------------------------------------------------------------------------

    \56\ Soil-sensing dishwasher under current appendix C1: $43.22 x 
25 hours x 2 units per basic model = $2,161. Non-soil-sensing 
dishwasher under current appendix C1: $43.22 x 6 hours x 2 units per 
basic model = $518.64 (rounded to $519). $2,334-$2,161 = $173. $735-
$519 = $216.
---------------------------------------------------------------------------

    As previously discussed, the use of the new appendix C2 would not 
be required until the time of the compliance date of future amended 
energy conservation standards for dishwashers, should such amendments 
be adopted. At that time, manufacturers

[[Page 3272]]

would need to retest models in accordance with appendix C2. In addition 
to the potential retesting costs, DOE expects that some manufacturers 
may incur one-time capital costs if their current testing laboratories 
are at capacity and additional laboratory space or test stations are 
required. DOE would incorporate the estimated costs associated with 
testing to the newly established appendix C2 into the analysis of any 
future energy conservation standards based on appendix C2.
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 
is referencing in this document are discussed in further detail in 
section III.C and section IV.N of this document.
    DOE notes that some of its modifications would not require re-
testing 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 
maintaining 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. DOE is also maintaining the current detergent 
and dosage requirements as alternatives to the detergent and dosage 
requirements specified in AHAM DW-1-2020 because this 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 maintaining 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 is adopting the annual number of 
cycles and low-power mode hours from AHAM DW-1-2020 in the new appendix 
C2, which would be applicable upon the compliance date of any future 
amended energy conservation standards for dishwashers. DOE is also 
adopting 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. Adopting these requirements 
specified in the relevant waivers would eliminate the need of 
manufacturers of such products from having to seek waivers and would 
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 for the requirements where appendix C1 
currently references ANSI/AHAM DW-1-2010 and maintains references to 
IEC 62301 Ed. 2.0 for the requirements where appendix C1 already 
references this standard. Further, DOE's incorporation of a methodology 
for measuring cleaning performance and including a consumer-
representative minimum cleaning performance threshold as a condition 
for a cycle to be valid in appendix C2 is to be referenced from the 
relevant sections of AHAM DW-2-2020.

M. Effective and Compliance Dates

    The effective date for the adopted test procedures will be 30 days 
after publication of this final rule in the Federal Register. EPCA 
prescribes that all representations of energy efficiency and energy 
use, including those made on marketing materials and product labels, 
must be made in accordance with an amended test procedure, beginning 
180 days after publication of the final rule in the Federal Register. 
(42 U.S.C. 6293(c)(2)) 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.) Manufacturers will be required to use the amended test 
procedure at appendix C1 until the compliance date of any final rule 
establishing amended energy conservation standards based on the newly 
established test procedure at appendix C2. At such time, manufacturers 
will be required to begin using the newly established test procedure at 
appendix C2.
    Upon the compliance date of test procedure provisions in this final 
rule any waivers that had been previously issued and are in effect that 
pertain to issues addressed by such provisions are terminated. 10 CFR 
430.27(h)(3). Recipients of any such waivers are 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 
adopted in this document 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 Orders 12866 and 13563

    Executive Order (``E.O.'')12866, ``Regulatory Planning and 
Review,'' as supplemented and reaffirmed by E.O. 13563, ``Improving 
Regulation and Regulatory Review, 76 FR 3821 (Jan. 21, 2011), requires 
agencies, to the extent permitted by law, to (1) propose or adopt a 
regulation only upon a reasoned determination that its benefits justify 
its costs (recognizing that some benefits and costs are difficult to 
quantify); (2) tailor regulations to impose the least burden on 
society, consistent with obtaining regulatory objectives, taking into 
account, among other things, and to the extent practicable, the costs 
of cumulative regulations; (3) select, in choosing among alternative 
regulatory approaches, those approaches that maximize net benefits 
(including potential economic, environmental, public health and safety, 
and other advantages; distributive impacts; and equity); (4) to the 
extent feasible, specify performance objectives, rather than specifying 
the behavior or manner of compliance that regulated entities must 
adopt; and (5) identify and assess available alternatives to direct 
regulation, including providing

[[Page 3273]]

economic incentives to encourage the desired behavior, such as user 
fees or marketable permits, or providing information upon which choices 
can be made by the public. DOE emphasizes as well that E.O. 13563 
requires agencies to use the best available techniques to quantify 
anticipated present and future benefits and costs as accurately as 
possible. In its guidance, the Office of Information and Regulatory 
Affairs (``OIRA'') in the Office of Management and Budget (``OMB'') has 
emphasized that such techniques may include identifying changing future 
compliance costs that might result from technological innovation or 
anticipated behavioral changes. For the reasons stated in the preamble, 
this final regulatory action is consistent with these principles.
    Section 6(a) of E.O. 12866 also requires agencies to submit 
``significant regulatory actions'' to OIRA for review. OIRA has 
determined that this final regulatory action does not constitute a 
``significant regulatory action'' under section 3(f) of E.O. 12866. 
Accordingly, this action was not submitted to OIRA for review under 
E.O. 12866.

B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
preparation of a final regulatory flexibility analysis (``FRFA'') for 
any final rule where the agency was first required by law to publish a 
proposed rule 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 (August 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 final rule under the 
provisions of the Regulatory Flexibility Act and the procedures and 
policies published on February 19, 2003.
    DOE has concluded that this rule would not have a significant 
impact on a substantial number of small entities. The factual basis for 
this certification is as follows:
    The Small Business Administration (``SBA'') considers a business 
entity to be a 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. Dishwasher 
manufacturers are classified under NAICS code 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 conducted a focused inquiry into small business manufacturers 
of the products covered by this rulemaking. DOE reviewed its Compliance 
Certification Database,\57\ California Energy Commission's Modernized 
Appliance Efficiency Database System,\58\ and ENERGY STAR's Product 
Finder dataset \59\ to create a list of companies that import or 
otherwise manufacture the products covered by this proposal. DOE then 
consulted publicly available data to identify original equipment 
manufacturers (``OEMs'') selling dishwashers in the U.S. DOE relied on 
public data and subscription-based market research tools (e.g., Dun & 
Bradstreet \60\) to determine company location, headcount, and annual 
revenue. DOE screened out companies that do not offer products covered 
by this rulemaking, do not meet SBA's definition of a ``small 
business,'' or are foreign-owned and operated.
---------------------------------------------------------------------------

    \57\ U.S. Department of Energy Compliance Certification 
Database, available at www.regulations.doe.gov/certification-data/products.html#q=Product_Group_s%3A*. Last accessed July 8, 2022.
    \58\ California Energy Commission Modernized Appliance 
Efficiency Database System, available at 
cacertappliances.energy.ca.gov/Pages/Search/AdvancedSearch.aspx. 
Last accessed June 3, 2022.
    \59\ ENERGY STAR[supreg] Product Finder data set, available at 
www.energystar.gov/productfinder. Last accessed June 3, 2022.
    \60\ The Dun & Bradstreet Hoovers subscription login is 
accessible at app.dnbhoovers.com. Last accessed June 7, 2022.
---------------------------------------------------------------------------

    DOE identified 21 dishwasher OEMs. Consistent with the preliminary 
determination in the December 2021 NOPR, DOE did not identify any 
domestic OEMs that qualify as a ``small business.'' \61\
---------------------------------------------------------------------------

    \61\ 86 FR 72738, 72766.
---------------------------------------------------------------------------

    In this final rule, DOE amends the existing test procedure for 
dishwashers at appendix C1 and adopts a new test procedure at appendix 
C2. The amendments to appendix C1 establish requirements for water 
hardness, relative humidity, and loading pattern; update requirements 
for ambient temperature, detergent dosage, and standby power 
measurement; and include testing approaches from published waivers for 
dishwashers. The new appendix C2 additionally includes provisions for 
evaluating cleaning performance and establishing a minimum per cycle 
cleaning index threshold as a condition for a valid test; and updated 
annual number of cycles and low-power mode hours for the calculation of 
energy consumption.
    DOE has determined that the amendments to appendix C1 would not 
increase testing costs relative to the current appendix C1 or result in 
manufacturers needing to re-rate dishwashers. As detailed in the final 
rule notice, use of the new appendix C2 would not be required until the 
time of the compliance date of future amended energy conservation 
standards for dishwashers, should such amendments be adopted. For 
appendix C2, DOE estimates the incremental increases in testing costs 
compared to the current and amended appendix C1 are approximately $173 
per soil-sensing dishwasher basic model and approximately $216 per non-
soil-sensing dishwasher basic model.\62\ Therefore, DOE estimates the 
cost to test a soil-sensing dishwasher according to the new appendix C2 
to be approximately $2,334 per basic model and that for a non-soil-
sensing dishwasher to be approximately $735 per basic model.\63\
---------------------------------------------------------------------------

    \62\ Soil-sensing dishwasher under current appendix C1: $43.22 x 
25 hours x 2 units per basic model = $2,161. Non-soil-sensing 
dishwasher under current appendix C1: $43.22 x 6 hours x 2 units per 
basic model = $518.64 (rounded to $519). $2,334-$2,161 = $173. $735-
$519 = $216.
    \63\ 27 hours testing time per soil-sensing unit x $43.22 per 
hour x 2 units per basic model = $2,333.88 (rounded to $2,334) and 
8.5 hours test time per non-soil-sensing unit x $43.22 per hour x 2 
units per basic model = $734.74 (rounded to $735).
---------------------------------------------------------------------------

    If DOE were to adopt future energy conservation standards based on 
appendix C2, manufacturers would need to retest models in accordance 
with appendix C2. In addition to the potential retesting costs, DOE 
expects that some manufacturers may incur one-time capital costs if 
their current testing laboratories are at capacity and additional 
laboratory space or test stations are required. The cost of retesting 
in accordance with appendix C2 would be incorporated into the analysis 
of any future energy conservation standards based on appendix C2. DOE 
would also investigate and include the estimated upfront capital 
investments associated

[[Page 3274]]

with testing to the newly established appendix C2 in any future 
analysis of energy conservation standards for dishwashers.
    DOE did not receive written comments that specifically addressed 
impacts on small businesses or that were provided in response to the 
initial regulatory flexibility analysis (``IRFA'').
    Given the lack of small entities with a direct compliance burden, 
DOE concludes that the cost effects accruing from the final rule would 
not have a ``significant economic impact on a substantial number of 
small entities,'' and that the preparation of a FRFA is not warranted. 
DOE has submitted a 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).

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.
    DOE is not amending the certification or reporting requirements for 
dishwashers in this final rule. Instead, DOE may consider proposals to 
amend the certification requirements and reporting for dishwashers 
under a separate rulemaking regarding appliance and equipment 
certification. DOE will address changes to OMB Control Number 1910-1400 
at that time, as necessary.
    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 of 1969

    In this final rule, DOE establishes test procedure amendments that 
it expects will be used to develop and implement future energy 
conservation standards for dishwashers. DOE has determined that this 
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

    Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4, 
1999), imposes certain requirements on agencies formulating and 
implementing policies or regulations that preempt State law or that 
have federalism implications. The Executive order 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 Executive order 
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 examined this final 
rule and determined that it will 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 final 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 Executive Order 13132.

F. Review Under Executive Order 12988

    Regarding the review of existing regulations and the promulgation 
of new regulations, section 3(a) of Executive Order 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 Executive Order 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 Executive Order 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, 
this final 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 regulatory action resulting 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

[[Page 3275]]

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 www.energy.gov/gc/office-general-counsel. DOE examined this final 
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 final rule will 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 Executive Order 12630, ``Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights'' 53 FR 8859 (March 18, 1988), that this regulation will 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 final 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 prepare and submit to OMB, 
a Statement of Energy Effects for any 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 Executive 
Order 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 significant energy action, the 
agency must give a detailed statement of any adverse effects on energy 
supply, distribution, or use if the regulation is implemented, and of 
reasonable alternatives to the action and their expected benefits on 
energy supply, distribution, and use.
    This regulatory action 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 Federal 
Trade Commission (``FTC'') concerning the impact of the commercial or 
industry standards on competition.
    The modifications to the test procedure for dishwashers adopted in 
this final rule incorporates 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 it fully complies 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 has consulted with both the Attorney General and the 
Chairman of the FTC about the impact on competition of using the 
methods contained in these standards and has received no comments 
objecting to their use.

M. Congressional Notification

    As required by 5 U.S.C. 801, DOE will report to Congress on the 
promulgation of this rule before its effective date. The report will 
state that it has been determined that the rule is not a ``major rule'' 
as defined by 5 U.S.C. 804(2).

N. Description of Materials Incorporated by Reference

    AHAM DW-1-2020, ``Uniform Test Method for Measuring the Energy 
Consumption of Dishwashers''. AHAM DW-1-2020 is a voluntary industry-
accepted test procedure that measures the energy and water consumption 
of household electric dishwashers.
    AHAM DW-2-2020, ``Household Electric Dishwashers''. AHAM DW-2-2020 
is an industry standard to determine the cleaning performance of 
dishwashers.
    The AHAM standards are reasonably available from AHAM 
(www.aham.org/AHAM/AuxStore).
    IEC 62301 Ed. 2.0 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. 
IEC 62301 Ed. 2.0 is reasonably available from IEC (https://webstore.ansi.org or https://webstore.iec.ch/).

V. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this final 
rule.

List of Subjects

10 CFR Part 429

    Administrative practice and procedure, Confidential business 
information, Energy conservation, Household appliances, Imports, 
Intergovernmental relations, Reporting and recordkeeping requirements, 
Small businesses.

[[Page 3276]]

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 
16, 2022, by Francisco Alejandro Moreno, Acting 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 19, 2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.

    For the reasons stated in the preamble, DOE amends parts 429 and 
430 of chapter II of title 10, Code of Federal Regulations as set forth 
below:

PART 429--CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER 
PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT

0
1. The authority citation for part 429 continues to read as follows:

    Authority: 42 U.S.C. 6291-6317, 28 U.S.C. 2461 note.

0
2. Amend Sec.  429.134 by adding paragraph (z) to read as follows:


Sec.  429.134  Product-specific enforcement provisions.

* * * * *
    (z) Dishwashers--(1) Determination of Most Energy-Intensive Cycle. 
For any dishwasher basic model that does not meet the specified 
cleaning index threshold at a given soil load, the most energy-
intensive cycle will be determined through testing as specified in 
sections 4.1.1 and 5.2 of appendix C2 to subpart B of part 430.
    (2) [Reserved]

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

0
3. 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
4. Amend Sec.  430.3 by:
0
a. Redesignating paragraphs (i)(2) through (6) as (i)(3) through (7);
0
b. Adding new paragraph (i)(2); and
0
c. Revising newly redesignated paragraph (i)(3); and
0
d. In paragraph (p)(7), removing the text ``C1, D1'' and adding in its 
place ``C1, C2, D1''.

    The addition and revision read as follows:


Sec.  430.3  Materials incorporated by reference.

* * * * *
    (i) * * *
    (2) AHAM DW-1-2020, Uniform Test Method for Measuring the Energy 
Consumption of Dishwashers, copyright 2020; IBR approved for Sec.  
430.32; appendices C1 and C2 to subpart B.
    (3) AHAM DW-2-2020, Household Electric Dishwashers, copyright 2020; 
IBR approved for appendices C1 and C2 to subpart B.
* * * * *

0
5. 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,

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,

[[Page 3277]]

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) of this section 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
6. 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: Before July 17, 2023 manufacturers must use the results of 
testing under this appendix as codified on February 17, 2023 or this 
appendix as it appeared in the January 1, 2023 edition of 10 CFR 
parts 200-499 to determine compliance with the relevant standard 
from Sec.  430.32(f)(1) as it appeared in the January 1, 2023 
edition of 10 CFR parts 200-499. Beginning July 17, 2023, 
manufacturers must use the results of testing under this appendix to 
determine compliance with the relevant standard from Sec.  
430.32(f)(1) as it appeared in the January 1, 2023 edition of 10 CFR 
parts 200-499. Manufacturers must use the results of testing under 
appendix C2 to determine compliance with any amended standards for 
dishwashers provided in 10 CFR 430.32(f)(1) that are published after 
January 1, 2023. Any representations related to energy or water 
consumption of dishwashers must be made in accordance with the 
appropriate appendix that applies (i.e., appendix C1 or appendix C2) 
when determining compliance with the relevant 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

    In Sec.  430.3, DOE incorporated by reference the entire standard 
for AHAM DW-1-2020 and AHAM DW-2-2020; however, only enumerated 
provision of AHAM DW-1-2020, AHAM DW-2-2020, and IEC 62301 are 
applicable as follows:
0.1 AHAM DW-1-2020
    (a) Sections 1.1 through 1.30 as referenced in section 1 of this 
appendix;
    (b) Section 2.1 as referenced in sections 2 and 2.1 of this 
appendix;
    (c) Sections 2.2 through 2.3.3, sections 2.5 through 2.7, sections 
2.7.2 through 2.8, and section 2.11, as referenced in section 2 of this 
appendix;
    (d) Section 2.4 as referenced in sections 2 and 2.2 of this 
appendix;
    (e) Section 2.7.1 as referenced in sections 2 and 2.3 of this 
appendix;
    (f) Section 2.9 as referenced in sections 2 and 2.4 of this 
appendix;
    (g) Section 2.10 as referenced in sections 2 and 2.5 of this 
appendix;
    (h) Sections 3.1 through 3.2 and sections 3.5 through 3.7 as 
referenced in section 3 of this appendix;
    (i) Section 3.3 as referenced in sections 3 and 3.1 of this 
appendix;
    (j) Section 3.4 as referenced in sections 3 and 3.2 of this 
appendix;
    (k) Sections 4.1 through 4.1.2 and sections 4.1.4 through 4.2 as 
referenced in section 4 of this appendix;
    (l) Section 4.1.4 as referenced in sections 4 and 4.1 of this 
appendix; and
    (m) Section 5 as referenced in section 5 of this appendix.
0.2 AHAM DW-2-2020: Household Electric Dishwashers
    (a) Section 3.4 as referenced in sections 2 and 2.3 of this 
appendix, and through reference to sections 1.5 and 1.22 of AHAM DW-1-
2020 in section 1 of this appendix.
    (b) Section 3.5 through reference to sections 1.5 and 1.22 of AHAM 
DW-1-2020 in section 1 of this appendix.
    (c) Section 4.1 as referenced in section 2 of this appendix.
    (d) Sections 5.3 through 5.8 as referenced in section 2 of this 
appendix, and through reference to sections 1.18, 1.19, and 1.20 of 
AHAM DW-1-2020 in section 1 of this appendix.
0.3 IEC 62301
    (a) Sections 4.2, 4.3.2, and 5.2 as referenced in section 2 of this 
appendix; and
    (b) 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 sections 2.1 through 2.11 of AHAM DW-1-
2020 apply to this test procedure, including the following provisions 
of:
    (a) Sections 5.2, 4.3.2, and 4.2 of IEC 62301 as referenced in 
sections 2.1, 2.2.4, and 2.5.2 of AHAM DW-1-2020, respectively, and
    (b) 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 of AHAM DW-1-2020; 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

[[Page 3278]]

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 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 
section 3.4 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                                                       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.
----------------------------------------------------------------------------------------------------------------

    2.4 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.
    2.5 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 main wash detergent compartment and the manufacturer does 
not recommend a location to place the main wash detergent, 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.
    2.5.1 Detergent Dosing for Dishwashers other than Water Re-use 
System Dishwashers.
    2.5.1.1 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,
[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.

    2.5.1.2 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.
    2.5.2 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.
    2.6 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

[[Page 3279]]

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.

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 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 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.

5. Calculation of Derived Results From Test Measurements

    The calculations in section 5.1 through 5.7 of AHAM DW-1-2020 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 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.

0
7. 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, 2023. Representations related to energy or water 
consumption of dishwashers must be made in accordance with the 
appropriate appendix that applies (i.e., appendix C1 or appendix C2) 
when determining compliance with the relevant 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

    In Sec.  430.3, DOE incorporated by reference the entire standard 
for AHAM DW-1-2020 and AHAM DW-2-2020; however, only enumerated 
provision of AHAM DW-1-2020, AHAM DW-2-2020, and IEC 62301 are 
applicable as follows:
0.1 AHAM DW-1-2020
    (a) Sections 1.1 through 1.30 as referenced in section 1 of this 
appendix;
    (b) Section 2.1 as referenced in sections 2 and 2.1 of this 
appendix;
    (c) 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;
    (d) Section 2.4 as referenced in sections 2 and 2.2 of this 
appendix;
    (e) Section 2.6.3 as referenced in sections 2 and 2.3 of this 
appendix;
    (f) Section 2.7.1 as referenced in sections 2 and 2.4 of this 
appendix;
    (g) Section 2.9 as referenced in sections 2 and 2.5 of this 
appendix;
    (h) Section 2.10 as referenced in sections 2 and 2.6 of this 
appendix;
    (i) Sections 3.1 through 3.2 and sections 3.5 through 3.7 as 
referenced in section 3 of this appendix;
    (j) Section 3.3 as referenced in sections 3 and 3.1 of this 
appendix;
    (k) Section 3.4 as referenced in sections 3 and 3.2 of this 
appendix;
    (l) Section 4.1 as referenced in sections 4 and 4.1 of this 
appendix;
    (m) Section 4.1.4 as referenced in sections 4 and 4.1.2 of this 
appendix; and
    (n) Section 5 as referenced in section 5 of this appendix.
0.2 AHAM DW-2-2020
    (a) Section 3.4 as referenced in sections 2 and 2.4 of this 
appendix, and through reference to sections 1.5 and 1.22 of AHAM DW-1-
2020 in section 1 of this appendix.
    (b) Section 3.5 through reference to sections 1.5 and 1.22 of AHAM 
DW-1-2020 in section 1 of this appendix.
    (c) Section 4.1 as referenced in section 2 of this appendix.
    (d) Sections 5.3 through 5.8 as referenced in section 2 of this 
appendix, and through reference to sections 1.18, 1.19 and 1.20 of AHAM 
DW-1-2020 in section 1 of this appendix.
    (e) Section 5.10 as referenced in sections 2 and 2.8 of this 
appendix;
    (f) Sections 5.10.1.1 as referenced in sections 4 and 4.2 of this 
appendix; and
    (g) Section 5.12.3.1 as referenced in sections 5 and 5.1 of this 
appendix.
0.3 IEC 62301
    (a) Sections 4.2, 4.3.2, and 5.2 as referenced in section 2 of this 
appendix; and
    (b) 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:
    (a) Sections 5.2, 4.3.2, and 4.2 of IEC 62301 as referenced in 
sections 2.1, 2.2.4, and 2.5.2 of AHAM DW-1-2020, respectively, and
    (b) 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 of AHAM DW-1-2020; 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

[[Page 3280]]

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 
section 3.4 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                                                       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 main wash detergent compartment and the manufacturer does 
not recommend a location to place the main wash detergent, 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.

[[Page 3281]]

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 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 
5.10.1.1 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 70 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 70 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 70 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.
    If the most energy-intensive cycle is not known and needs to be 
determined via testing, 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 5.10.1.1 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 5.12.3.1 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.
    (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 5.12.3.1 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

[[Page 3282]]

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.

0
8. Section 430.32 is amended by revising paragraph (f) 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 2.3 of appendix C1 or 
section 2.4 of 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 (incorporated by reference, see Sec.  430.3) using the test load 
specified in section 2.3 of appendix C1 or section 2.4 of appendix C2 
in subpart B of this part, as applicable.
    (2) [Reserved]
* * * * *
[FR Doc. 2022-27879 Filed 1-17-23; 8:45 am]
BILLING CODE 6450-01-P