[Federal Register Volume 88, Number 56 (Thursday, March 23, 2023)]
[Proposed Rules]
[Pages 17419-17426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05588]


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DEPARTMENT OF ENERGY

10 CFR Parts 429 and 430

[EERE-2023-BT-TP-0007]
RIN 1904-AF50


Energy Conservation Program: Test Procedure for Dishwashers

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

ACTION: Notice of proposed rulemaking and request for comment.

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SUMMARY: In this notice of proposed rulemaking (``NOPR''), the U.S 
Department of Energy (``DOE'') proposes to add clarifying instructions 
regarding the detergent reporting requirements and an enforcement 
provision for dishwashers to specify the detergent and dosing method 
that DOE would use for any enforcement testing of dishwasher models 
certified in accordance with the currently applicable dishwasher test 
procedure prior to July 17, 2023 (i.e., the date by which the 
dishwasher test procedure as amended by a final rule published on 
January 18, 2023, will be mandatory for product testing). DOE is also 
proposing to add within the amended test procedure clarifying 
instructions regarding the allowable dosing options for each type of 
detergent. DOE is seeking comment from interested parties on this NOPR.

DATES: 
    Comments: DOE will accept comments, data, and information regarding 
this NOPR no later than May 22, 2023.
    Meeting: DOE will hold a public meeting on this NOPR if one is 
requested by March 30, 2023. If a public meeting is requested, DOE will 
announce its date and participation information on the DOE website and 
via email.

[[Page 17420]]


ADDRESSES: Interested persons are encouraged to submit comments using 
the Federal eRulemaking Portal at www.regulations.gov, under docket 
number EERE-2023-BT-TP-0007. Follow the instructions for submitting 
comments. Alternatively, interested persons may submit comments, 
identified by docket number EERE-2023-BT-TP-0007, by any of the 
following methods:
    Email: [email protected]. Include the docket number 
EERE-2023-BT-TP-0007 in the subject line of the message.
    Postal Mail: Appliance and Equipment Standards Program, U.S. 
Department of Energy, Building Technologies Office, Mailstop EE-5B, 
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: 
(202) 287-1445. If possible, please submit all items on a compact disc 
(``CD''), in which case it is not necessary to include printed copies.
    Hand Delivery/Courier: Appliance and Equipment Standards Program, 
U.S. Department of Energy, Building Technologies Office, 950 L'Enfant 
Plaza, SW, 6th Floor, Washington, DC 20024. Telephone: (202) 287-1445. 
If possible, please submit all items on a CD, in which case it is not 
necessary to include printed copies.
    No telefacsimiles (``faxes'') will be accepted. For detailed 
instructions on submitting comments and additional information on this 
process, see section IV of this document.
    Docket: The docket for this activity, which includes Federal 
Register notices, public meeting attendee lists and transcripts (if a 
public meeting is held), comments, and other supporting documents/
materials, is available for review at www.regulations.gov. All 
documents in the docket are listed in the www.regulations.gov index. 
However, not all documents listed in the index may be publicly 
available, such as information that is exempt from public disclosure.
    The docket web page can be found at www.regulations.gov/docket/EERE-2023-BT-TP-0007. The docket web page contains instructions on how 
to access all documents, including public comments, in the docket. See 
section IV for information on how to submit comments through 
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: 
    Dr. Carl Shapiro, U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Building Technologies Office, EE-5B, 
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: 
(202) 287-5649. Email [email protected].
    Ms. Melanie Lampton, U.S. Department of Energy, Office of the 
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 
20585-0121. Telephone: (240) 571-5157. Email: 
[email protected].
    For further information on how to submit a comment and review other 
public comments and the docket, contact the Appliance and Equipment 
Standards Program staff at (202) 287-1445 or by email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Authority and Background
    A. Authority
    B. Background
    C. Deviation from Appendix A
II. Discussion of Proposed Amendments
    A. Appendix C1 Amendments
    B. Certification Reporting Provisions for Dishwashers
    C. Enforcement Testing Provision for Dishwashers
III. 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
IV. Public Participation
V. Approval of the Office of the Secretary

I. Authority and Background

A. Authority

    The Energy Policy and Conservation Act, PubLic Law 94-163, 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 of EPCA \2\ established the Energy 
Conservation Program for Consumer Products Other Than Automobiles, 
which sets forth a variety of provisions designed to improve energy 
efficiency. (42 U.S.C. 6281-6309) 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 Federal testing requirements consist of test procedures that 
manufacturers of covered products must use as the basis for: (1) 
certifying to DOE that their products comply with the applicable energy 
conservation standards adopted pursuant to EPCA (42 U.S.C. 6295(s)), 
and (2) making other representations about the efficiency of those 
consumer products (42 U.S.C. 6293(c)). Similarly, DOE must use these 
test procedures to determine whether the products comply with relevant 
standards promulgated under EPCA. (42 U.S.C. 6295(s))
    DOE is conducting this rulemaking to address a single specific 
issue and make minor corrections to the current test procedures that 
are required for certification of compliance with applicable energy 
conservation standards. This rulemaking does not satisfy the 7-year 
lookback requirement prescribed by EPCA.

B. Background

    DOE's currently applicable test procedure for dishwashers is 
prescribed in the Code of Federal Regulations (``CFR'') at 10 CFR part 
430, subpart B, appendix C1 (``appendix C1''). Appendix C1 includes 
provisions for determining estimated annual energy use and per-cycle 
water consumption, among other metrics, and is currently required to 
demonstrate compliance with the energy conservation standards for 
dishwashers prescribed at 10 CFR 430.32(f). Section 2.10 of the 
currently applicable appendix C1 specifies the detergent type and 
dosage that must be used for testing. Specifically, section 2.10 
specifies that Cascade with the Grease Fighting Power of Dawn must be 
used, and detergent dosage must be calculated based on the prewash (if 
any) and main wash fill water volumes. However, Cascade with the Grease 
Fighting Power of Dawn has been

[[Page 17421]]

discontinued and has been replaced on the market with Cascade Complete 
Powder formulation.
    On July 22, 2022, DOE published a final rule that amended the 
certification provisions for dishwashers (``July 2022 Certification 
Final Rule''), among other products. 87 FR 43952. In the July 2022 
Certification Final Rule, DOE noted that, given that the then-currently 
specified Cascade with the Grease Fighting Power of Dawn detergent was 
no longer available on the market, DOE expected that manufacturers may 
need to (or already had to) switch to the new Cascade Complete Powder 
formulation to conduct testing according to the currently applicable 
appendix C1. Id. at 87 FR 43969. The July 2022 Certification Final Rule 
amended the dishwasher certification provisions to require that 
manufacturers indicate whether Cascade Complete Powder detergent was 
used in lieu of Cascade with the Grease Fighting Power of Dawn to 
conduct testing according to the currently applicable appendix C1. Id. 
at 87 FR 43969-43970. DOE stated that it was establishing this 
additional reporting requirement to ensure that any assessment or 
enforcement testing pursuant to 10 CFR 429.104 and 429.110, 
respectively, would be performed using the same detergent used by the 
manufacturer for certifying compliance with the energy conservation 
standards. Id.
    In a final rule published on January 18, 2023, DOE amended the test 
procedures in appendix C1 (``January 2023 TP Final Rule'') to specify 
that Cascade Complete Powder detergent may alternately be used for 
testing dishwashers in conjunction with a new detergent dosing 
requirement that is based on the number of place settings,\3\ among 
several other updates. 88 FR 3234, 3247-3248. DOE stated in the January 
2023 TP Final Rule that permitting the optional use of the new 
detergent and dosing specified in the Association of Home Appliance 
Manufacturers (``AHAM'') standard, AHAM DW-1-2020, ``Uniform Test 
Method for Measuring the Energy Consumption of Dishwashers,'' would 
avoid the need for manufacturers to request test procedure waivers, 
given the lack of availability of the current detergent. Id. at 88 FR 
3247. DOE also stated that by maintaining the use of the current 
detergent and dosing requirements, manufacturers would not be required 
to re-test currently certified dishwashers. Id. The effective date of 
amended appendix C1 was February 17, 2023, and the amended appendix C1 
will be mandatory for product testing starting July 17, 2023.
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    \3\ As amended by the January 2023 TP Final Rule, section 2.5 of 
appendix C1 specifies that if the detergent specified in section 
2.10 of AHAM DW-1-2020 (i.e., Cascade Complete Powder) is used for 
testing, then the dosage requirements specified in section 2.10 of 
AHAM DW-1-2020 must be used. Section 2.10 of AHAM DW-1-2020 
specifies using half the quantity of detergent that is specified in 
section 4.1 of AHAM DW-2-2020. 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.
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C. Deviation From Appendix A

    In accordance with section 3(a) of 10 CFR part 430, subpart C, 
appendix A (``appendix A''), DOE notes that it is deviating from the 
provision in appendix A regarding the early assessment process in a 
test procedure rulemaking. Section 8(a) of appendix A states that DOE 
will follow an early assessment process similar to DOE's consideration 
of amended energy conservation standards and publish a notice in the 
Federal Register whenever DOE is considering initiation of a rulemaking 
to amend a test procedure. DOE is conducting this rulemaking to address 
a single specific issue rather than comply with the 7-year lookback 
requirement prescribed by EPCA. Furthermore, this proposal seeks to 
prevent manufacturers from needing to re-test and re-certify certain 
existing models after July 17, 2023. For these reasons, DOE finds it 
necessary and appropriate to deviate from the provision in appendix A 
regarding the early assessment process.

II. Discussion of Proposed Amendments

A. Appendix C1 Amendments

    While the July 2022 Certification Final Rule amended the dishwasher 
certification provisions to require that manufacturers indicate whether 
Cascade Complete Powder detergent was used in lieu of Cascade with the 
Grease Fighting Power of Dawn to conduct testing according to the 
currently applicable appendix C1 (87 FR 43952, 43969-43970), it did not 
explicitly permit the use of Cascade Complete Powder detergent 
formulation with the dosage requirements specified in the currently 
applicable appendix C1 for units certified before July 17, 2023 (i.e., 
the date on which testing according to the amended appendix C1 will be 
mandatory). Section 2.5 of the amended appendix C1 allows the use of 
Cascade with the Grease Fighting Power of Dawn detergent only with the 
dosage requirements of the currently applicable appendix C1 (i.e., 
based on fill water volumes), or Cascade Complete Powder detergent only 
with the new detergent dosing requirement (i.e., based on number of 
place settings). However, in specifying the new detergent dosing 
requirement for Cascade Complete Powder in appendix C1 in the January 
2023 TP Final Rule, DOE did not intend to require manufacturers who 
have already certified dishwashers using the new Cascade Complete 
Powder in conjunction with the currently applicable detergent dosing 
requirement to re-test and re-certify using the new detergent dosing 
requirement.
    DOE is therefore proposing in this NOPR to amend section 2.5 of 
appendix C1 to explicitly allow the use of Cascade Complete Powder 
detergent with either the dosage requirements specified in the 
currently applicable appendix C1 (i.e., based on fill water volumes) or 
the amended appendix C1 (i.e., based on number of place settings). This 
proposal seeks to prevent manufacturers that have used, or intend to 
use until July 17, 2023, Cascade Complete Powder detergent with the 
currently applicable detergent dosing based on fill water volumes 
rather than number of place settings from needing to re-test and re-
certify.
    DOE requests feedback on its proposal to amend appendix C1 to 
explicitly allow the use of Cascade Complete Powder detergent with 
either the currently applicable dosage requirements based on fill water 
volumes, as specified in section 2.5.1 of appendix C1 as amended, or 
the new dosage requirements based on number of place settings, as 
specified in section 2.5 of appendix C1 as amended, until July 17, 
2023.

B. Certification Reporting Provisions for Dishwashers

    In conjunction with the proposed amendment to explicitly allow the 
use of the new Cascade Complete Powder detergent with the dosage method 
in the currently applicable appendix C1, DOE proposes to specify the 
applicable dates for each detergent formulation and dosing combination 
through instructions specified in the certification reporting 
provisions at 10 CFR 429.19(b)(3). DOE proposes to amend 10 CFR 
429.19(b)(3)(vi) to specify in a new subsection (A) that before July 
17, 2023, Cascade Complete Powder detergent may be used as the basis 
for certification in conjunction with either detergent dosing methods 
(i.e., the currently applicable detergent dosing requirement based on 
fill water volumes, or the new detergent dosing requirement based on 
number of place settings); and Cascade with the Grease Fighting Power 
of Dawn detergent may be used as the basis for certification

[[Page 17422]]

only in conjunction with the currently applicable detergent dosing 
based on fill water volumes.
    DOE proposes to further specify in a new subsection (B) to 10 CFR 
429.19(b)(3)(vi) that beginning July 17, 2023, Cascade Complete Powder 
detergent may be used as the basis for certification of newly certified 
basic models only in conjunction with the new detergent dosing method 
based on number of place settings; and Cascade with the Grease Fighting 
Power of Dawn detergent may be used as the basis for certification only 
in conjunction with the currently applicable detergent dosing based on 
fill water volumes. DOE also proposes to clarify that manufacturers may 
maintain basic model certifications made prior to July 17, 2023.
    DOE seeks feedback on its proposal to add two subsections to the 
certification reporting provisions that specify the date when each 
detergent formulation and dosage method is applicable.

C. Enforcement Testing Provision for Dishwashers

    In addition to amending appendix C1 to specify the detergent 
formulation and dosage combinations that would be applicable until July 
17, 2023, and including instructions to the reporting requirements at 
10 CFR 429.19(b)(3), DOE is also proposing a product-specific 
enforcement provision for dishwashers. This proposal would provide 
greater certainty regarding how DOE would conduct any enforcement 
testing for any dishwashers certified in accordance with the currently 
applicable test procedure using the new Cascade Complete Powder 
detergent, as implicitly permitted by the July 2022 Certification Final 
Rule. Specifically, DOE is proposing to add a product-specific 
enforcement provision at 10 CFR 429.134(z)(2) explicitly specifying 
that DOE would perform any enforcement testing using the detergent 
dosing requirement that was used by the manufacturer for certifying 
compliance with the energy conservation standards. DOE notes that under 
the requirements specified at 10 CFR 429.106(b), DOE may request any 
information relevant to determining compliance and DOE would use this 
authority to request detergent dosage information from manufacturers, 
if required for the purposes of conducting enforcement testing.
    DOE requests comments on its proposal to add a product-specific 
enforcement requirement for dishwashers to specify that DOE would 
perform any enforcement testing using the detergent dosing requirement 
that was used by the manufacturer for certifying compliance with the 
energy conservation standards, in accordance with the applicable test 
procedure and certification reporting requirements.

III. 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, to the extent practicable, the costs of cumulative 
regulations, among other things; (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) specify performance objectives wherever feasible, 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 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 proposed 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 proposed 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 an initial regulatory flexibility analysis (``IRFA'') 
for any rule that by law must be proposed for public comment, unless 
the agency certifies that the rule, if promulgated, will not have a 
significant economic impact on a substantial number of small entities. 
As required by Executive Order 13272, ``Proper Consideration of Small 
Entities in Agency Rulemaking,'' 67 FR 53461 (Aug. 16, 2002), DOE 
published procedures and policies on February 19, 2003, to ensure that 
the potential impacts of its rules on small entities are properly 
considered during the DOE rulemaking process. 68 FR 7990. DOE has made 
its procedures and policies available on the Office of the General 
Counsel's website: www.energy.gov/gc/office-general-counsel.
    This NOPR proposes an update to the amended appendix C1 to remove 
uncertainty about dishwashers that may be currently certified under the 
currently applicable appendix C1 using the new detergent (as permitted 
by the July 2022 Certification Final Rule), and to prevent such 
dishwashers from having to be re-tested and re-certified after the 
February 17, 2023, effective date of the January 2023 TP Final Rule. 
The proposed amendments in this NOPR do not affect the scope or 
substance of the currently applicable or amended test procedure for 
dishwashers. Therefore, DOE initially concludes that the impacts of the 
amendments proposed in this NOPR would not have a ``significant 
economic impact on a substantial number of small entities,'' and that 
the preparation of an IRFA is not warranted. DOE will transmit the 
certification and supporting statement of factual basis to the Chief 
Counsel for Advocacy of the Small Business Administration for review 
under 5 U.S.C. 605(b).

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

[[Page 17423]]

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 proposing to amend the certification or reporting 
requirements for dishwashers.
    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 NOPR, DOE proposes to add explicit enumeration of currently 
allowable testing options to the test procedure, certification 
reporting instructions, and a product-specific enforcement provision 
that would specify how DOE would conduct any enforcement testing of 
certain dishwasher models. DOE has determined that this proposed rule 
falls into a class of actions that are categorically excluded from 
review under the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) and DOE's implementing regulations at 10 CFR part 1021. 
Specifically, DOE has determined that adopting test procedures for 
measuring energy efficiency of consumer products and industrial 
equipment is consistent with activities identified in 10 CFR part 1021, 
appendix A to subpart D, A5 and A6. Accordingly, neither an 
environmental assessment nor an environmental impact statement is 
required.

E. Review Under Executive Order 13132

    Executive Order 13132, ``Federalism,'' 64 FR 43255 (Aug. 4, 1999) 
imposes certain requirements on agencies formulating and implementing 
policies or regulations that preempt State law or that have federalism 
implications. The 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 has examined this proposed rule and has 
determined that it would not have a substantial direct effect on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. EPCA governs and prescribes Federal 
preemption of State regulations as to energy conservation for the 
products that are the subject of this proposed rule. States can 
petition DOE for exemption from such preemption to the extent, and 
based on criteria, set forth in EPCA. (42 U.S.C. 6297(d)) No further 
action is required by 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, 
the proposed rule meets the relevant standards of Executive Order 
12988.

G. Review Under the Unfunded Mandates Reform Act of 1995

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

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

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

I. Review Under Executive Order 12630

    DOE has determined, under Executive Order 12630, ``Governmental 
Actions

[[Page 17424]]

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

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

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

K. Review Under Executive Order 13211

    Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 
(May 22, 2001), requires Federal agencies to prepare and submit to OMB, 
a Statement of Energy Effects for any proposed significant energy 
action. A ``significant energy action'' is defined as any action by an 
agency that promulgated or is expected to lead to promulgation of a 
final rule, and that (1) is a significant regulatory action under 
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 proposed significant energy action, 
the agency must give a detailed statement of any adverse effects on 
energy supply, distribution, or use should the proposal be implemented, 
and of reasonable alternatives to the action and their expected 
benefits on energy supply, distribution, and use.
    The proposed regulatory action to amend an explicit enumeration of 
currently allowable testing options to the test procedure, 
certification reporting instructions, and a product-specific 
enforcement provision that would specify how DOE would conduct any 
enforcement testing of certain dishwasher models 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.
    The following standard included in the proposed regulatory text was 
previously approved for incorporation by reference for the locations in 
which it appears in this proposed rule: AHAM DW-1-2020.

IV. Public Participation

    DOE will accept comments, data, and information regarding this 
proposed rule no later than the date provided in the DATES section at 
the beginning of this proposed rule. Interested parties may submit 
comments using any of the methods described in the ADDRESSES section at 
the beginning of this document.
    Although DOE welcomes comments on any aspect of this proposal, DOE 
is particularly interested in receiving comments and views of 
interested parties concerning the following issues:
    (1) DOE requests feedback on its proposal to amend appendix C1 to 
explicitly allow the use of Cascade Complete Powder detergent with 
either the currently applicable dosage requirements based on fill water 
volumes, as specified in section 2.5.1 of appendix C1 as amended, or 
the new dosage requirements based on number of place settings, as 
specified in section 2.5 of appendix C1 as amended, until July 17, 
2023.
    (2) DOE seeks feedback on its proposal to add two subsections to 
the certification reporting provisions that specify the date when each 
detergent formulation and dosage method is applicable.
    (3) DOE requests comments on its proposal to add a product-specific 
enforcement requirement for dishwashers to specify that DOE would 
perform any enforcement testing using the detergent dosing requirement 
that was used by the manufacturer for certifying compliance with the 
energy conservation standards, in accordance with the applicable test 
procedure and certification reporting requirements.
    Submitting comments via www.regulations.gov. The 
www.regulations.gov web page will require you to provide your name and 
contact information. Your contact information will be viewable to DOE 
Building Technologies staff only. Your contact information will not be 
publicly viewable except for your first and last names, organization 
name (if any), and submitter representative name (if any). If your 
comment is not processed properly because of technical difficulties, 
DOE will use this information to contact you. If DOE cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, DOE may not be able to consider your comment.
    However, your contact information will be publicly viewable if you 
include it in the comment or in any documents attached to your comment. 
Any information that you do not want to be publicly viewable should not 
be included in your comment, nor in any document attached to your 
comment. Persons viewing comments will see only first and last names, 
organization names, correspondence containing comments, and any 
documents submitted with the comments.
    Do not submit to www.regulations.gov information for which 
disclosure is restricted by statute, such as trade secrets and 
commercial or financial information (hereinafter referred to as 
Confidential Business Information (``CBI'')). Comments submitted 
through www.regulations.gov cannot be claimed as CBI. Comments received 
through the website will waive any CBI claims for the information 
submitted. For information on submitting CBI, see the Confidential 
Business Information section.
    DOE processes submissions made through www.regulations.gov before 
posting. Normally, comments will be posted within a few days of being 
submitted. However, if large volumes of comments are being processed 
simultaneously, your comment may not be viewable for up to several 
weeks. Please keep the comment tracking number that www.regulations.gov 
provides after you have successfully uploaded your comment.
    Submitting comments via email, hand delivery/courier, or postal 
mail. Comments and documents submitted via email, hand delivery/
courier, or postal mail also will be posted to www.regulations.gov. If 
you do not want your personal contact information to be publicly 
viewable, do not include it in your comment or any accompanying 
documents. Instead, provide your contact information on a cover letter. 
Include your first and last names, email address, telephone number, and 
optional mailing address. The cover letter will not be publicly 
viewable as long as it does not include any comments.

[[Page 17425]]

    Include contact information each time you submit comments, data, 
documents, and other information to DOE. If you submit via postal mail 
or hand delivery/courier, please provide all items on a CD, if 
feasible, in which case it is not necessary to submit printed copies. 
No faxes will be accepted.
    Comments, data, and other information submitted to DOE 
electronically should be provided in PDF (preferred), Microsoft Word or 
Excel, WordPerfect, or text (ASCII) file format. Provide documents that 
are not secured, written in English and free of any defects or viruses. 
Documents should not contain special characters or any form of 
encryption and, if possible, they should carry the electronic signature 
of the author.
    Campaign form letters. Please submit campaign form letters by the 
originating organization in batches of between 50 to 500 form letters 
per PDF or as one form letter with a list of supporters' names compiled 
into one or more PDFs. This reduces comment processing and posting 
time.
    Confidential Business Information. Pursuant to 10 CFR 1004.11, any 
person submitting information that he or she believes to be 
confidential and exempt by law from public disclosure should submit via 
email two well-marked copies: one copy of the document marked 
confidential including all the information believed to be confidential, 
and one copy of the document marked non-confidential with the 
information believed to be confidential deleted. DOE will make its own 
determination about the confidential status of the information and 
treat it according to its determination.
    It is DOE's policy that all comments may be included in the public 
docket, without change and as received, including any personal 
information provided in the comments (except information deemed to be 
exempt from public disclosure).

V. Approval of the Office of the Secretary

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

List of Subjects

10 CFR Part 429

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

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 March 14, 
2023, 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 March 15, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.

    For the reasons stated in the preamble, DOE proposes to amend 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. In Sec.  429.19 revise paragraph (b)(3)(vi) to read as follows:


Sec.  429.19  Dishwashers.

* * * * *
    (b) * * *
    (3) * * *
    (vi) Indication of whether Cascade Complete Powder or Cascade with 
the Grease Fighting Power of Dawn was used as the detergent 
formulation. When certifying dishwashers, other than water re-use 
dishwashers, according to appendix C1 to subpart B of part 430 of this 
chapter:
    (A) Before July 17, 2023, Cascade Complete Powder detergent may be 
used as the basis for certification in conjunction with the detergent 
dosing methods specified in either section 2.5.2.1.1 or section 
2.5.2.1.2 of appendix C1 (as amended on February 17, 2023). Cascade 
with the Grease Fighting Power of Dawn detergent may be used as the 
basis for certification only in conjunction with the detergent dosing 
specified in section 2.5.2.1.1 of appendix C1 (as amended on February 
17, 2023).
    (B) Beginning July 17, 2023, Cascade Complete Powder detergent may 
be used as the basis for certification of newly certified basic models 
only in conjunction with the detergent dosing method specified in 
section 2.5.2.1.2 of appendix C1 (as amended on February 17, 2023). 
Cascade with the Grease Fighting Power of Dawn detergent may be used as 
the basis for certification only in conjunction with the detergent 
dosing specified in section 2.5.2.1.1 of appendix C1 (as amended on 
February 17, 2023). Manufacturers may maintain existing basic model 
certifications made prior to July 17, 2023, consistent with the 
provisions of Sec.  429.19(b)(3)(vi)(A).
0
3. Amend Sec.  429.134 by adding paragraph (z)(2) to read as follows:


Sec.  429.134  Product-specific enforcement provisions.

* * * * *
    (z) * * *
    (2) Detergent Dosing Requirement. For any dishwasher basic model 
certified in accordance with the test procedure at appendix C1 to 
subpart B of part 430 of this chapter, DOE will conduct enforcement 
testing using the detergent dosing requirement that was used by the 
manufacturer as the basis for certifying compliance with the applicable 
energy conservation standard, in accordance with the applicable test 
procedure and certification reporting requirements.

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

0
4. 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
5. Amend appendix C1 to subpart B of part 430 by revising the appendix 
introductory note and section 2.5 to read as follows:

Appendix C1 to Subpart B of Part 430--Uniform Test Method for Measuring 
the Energy Consumption of Dishwashers

    Note:  Before [date 180 days after publication of the final 
rule], manufacturers must use the results of testing under this 
appendix as codified on [date 30 days after

[[Page 17426]]

publication of the final rule] or February 17, 2023, 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 [date 180 days after publication of the final rule], 
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.

    10 CFR 429.19(b)(3) provides instructions regarding the 
combination of detergent and detergent dosing, specified in section 
2.5 of this appendix, used for certification.
* * * * *
    2.5 Detergent.
    2.5.1 Detergent Formulation. Either Cascade with the Grease 
Fighting Power of Dawn or Cascade Complete Powder may be used.
    2.5.2 Detergent Dosage.
    2.5.2.1 Dosage for any dishwasher other than water re-use system 
dishwashers.
    If Cascade with the Grease Fighting Power of Dawn detergent is 
used, the detergent dosing specified in section 2.5.2.1.1 of this 
appendix must be used.
    If Cascade Complete Powder detergent is used, consult the 
introductory note to this appendix regarding use of the detergent 
dosing specified in either section 2.5.2.1.1 or section 2.5.2.1.2 of 
this appendix.
    2.5.2.1.1 Dosage based on fill water volumes. Determine 
detergent dosage as follows:
    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.

    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 as defined above.

    For dishwashers that do not have a direct water line, 
Vmw is equal to the manufacturer reported water capacity 
used in the main wash stage of the test cycle.
    2.5.2.1.2 Dosage based on number of place settings. Determine 
detergent dosage as specified in sections 2.10 and 2.10.1 of AHAM 
DW-1-2020.
    2.5.2.2 Dosage for water re-use system dishwashers. Determine 
detergent dosage as specified in section 2.10.2 of AHAM DW-1-2020.
    2.5.3 Detergent Placement.
    Prewash and main wash detergent must be placed as specified in 
sections 2.10 and 2.10.1 of AHAM DW-1-2020. 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 main wash detergent directly into the dishwasher chamber.
* * * * *
[FR Doc. 2023-05588 Filed 3-22-23; 8:45 am]
BILLING CODE 6450-01-P