This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

76952 

Vol. 77, No. 250 

Monday, December 31, 2012 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 51 

[Docket No. PRM–51–29; NRC–2012–0215] 

Rescinding Spent Fuel Pool Exclusion 

Regulations 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Petition for rulemaking; notice 

of receipt; supplemental information. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is providing 

supplemental information to a notice of 

receipt that appeared in the Federal 

Register on December 19, 2012. This 

document informed the public of a 

petition for rulemaking submitted by the 

Commonwealth of Massachusetts 

(Commonwealth) requesting that the 

NRC institute a rulemaking to rescind 

the regulations excluding consideration 

of spent fuel pool storage impacts from 

license renewal environmental reviews. 

This action is necessary to provide the 

public with supplemental information 

on how to access documents referenced 

in the Commonwealth’s petition. 

ADDRESSES: Please refer to Docket ID 

NRC–2012–0215 when contacting the 

NRC about the availability of 

information for this petition. You may 

access information related to this 

petition, which the NRC possesses and 

is publicly available, by any of the 

following methods: 

• Federal Rulemaking Web site: Go to 

http://www.regulations.gov and search 

for Docket ID NRC–2012–0215. Address 

questions about NRC dockets to Carol 

Gallagher; telephone: 301–492–3668; 

email: Carol.Gallagher@nrc.gov. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may access publicly 

available documents online in the NRC 

Library at http://www.nrc.gov/readingrm/adams.html. To begin the search, 

select ‘‘Begin Web-based ADAMS 

Search.’’ For problems with ADAMS, 

please contact the NRC’s Public 

Document Room (PDR) reference staff at 

1–800–397–4209, 301–415–4737, or by 

email to pdr.resource@nrc.gov. The 

ADAMS accession number for each 

document referenced in this notice (if 

that document is available in ADAMS) 

is provided the first time that a 

document is referenced. 

• NRC’s PDR: You may examine and 

purchase copies of public documents at 

the NRC’s PDR, Room O1–F21, One 

White Flint North, 11555 Rockville 

Pike, Rockville, Maryland 20852. 

FOR FURTHER INFORMATION CONTACT: 

Cindy Bladey, Chief, Rules, 

Announcements, and Directives Branch, 

Division of Administrative Services, 

Office of Administration, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001; telephone: 301–492– 

3667, email: Cindy.Bladey@nrc.gov. 

SUPPLEMENTARY INFORMATION: The U.S. 

Nuclear Regulatory Commission (NRC) 

is providing supplemental information 

to a notice of receipt that appeared in 

the Federal Register (77 FR 75065; 

December 19, 2012). In particular, the 

NRC is providing supplemental 

information regarding public access to 

documents referenced in the petition for 

rulemaking filed by the Commonwealth 

of Massachusetts (ADAMS Accession 

No. ML12254A005). The 

Commonwealth states that its petition 

‘‘is supported by the Declaration and 

expert report of Dr. Gordon R. 

Thompson.’’ These documents are 

available in ADAMS and in the docket 

for this action (NRC–2012–0215) on 

www.regulations.gov. The ‘‘Declaration 

of Dr. Gordon R. Thompson in Support 

of Massachusetts Contention and 

Related Petitions and Motions’’ is 

available in ADAMS under Accession 

No. ML111530345. Dr. Thompson’s 

report, titled ‘‘New and Significant 

Information From the Fukushima 

Daiichi Accident in the Context of 

Future Operation of the Pilgrim Nuclear 

Power Plant,’’ is available in ADAMS 

under Accession No. ML12094A183. 

Dated at Rockville, Maryland, this 20th day 

of December, 2012. 

For the Nuclear Regulatory Commission. 

Cindy Bladey, 

Chief, Rules, Announcements, and Directives 

Branch, Division of Administrative Services, 

Office of Administration. 

[FR Doc. 2012–31132 Filed 12–28–12; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[Docket Number EERE–BT–PET–0053] 

Energy Conservation Program for 

Consumer Products: Association of 

Home Appliance Manufacturers 

Petition for Reconsideration 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Petition for Reconsideration; 

Request for Comments. 

SUMMARY: The Department of Energy 

(DOE) received a petition from the 

Association of Home Appliance 

Manufacturers (AHAM) requesting 

reconsideration of the U.S. Department 

of Energy’s (DOE) final rule to amend 

the test procedures for residential 

dishwashers, dehumidifiers, and 

conventional cooking products, 

published on October 31, 2012, and 

DOE’s direct final rule to amend energy 

conservation standards for dishwashers, 

published on May 30, 2012. 

Specifically, AHAM requested that DOE 

stay the effectiveness of the test 

procedure final rule and final standards 

rule until DOE either: Revises the 

standards in the final standards rule to 

account for the impact on measured 

energy resulting from test procedure 

amendments to measure fan-only mode 

and standby and off mode energy use; 

or delays requirements regarding 

measurement of fan-only mode and 

standby and off mode energy use until 

promulgation of a revised standard for 

dishwashers. DOE seeks comment on 

whether to grant the petition and 

proceed with a rulemaking on this 

matter. 

DATES: Any comments must be received 

by DOE not later than January 30, 2013. 

ADDRESSES: Comments must be 

submitted, identified by docket number 

EERE–BT–PET–0053, by one of the 

following methods: 

1. Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

2. Email: AHAMPetition2012PET0053

@ee.doe.gov. Include either the docket 

number EERE–BT–PET–0053, and/or 

‘‘AHAM Petition’’ in the subject line of 

the message. 

3. Mail: Ms. Brenda Edwards, U.S. 

Department of Energy, Building 


srobinson on DSK4SPTVN1PROD with 
Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Proposed Rules 76953 

Technologies Program, Mailstop EE–2J, 

Room 1J–018, 1000 Independence 

Avenue SW., Washington, DC 20585– 

0121. Please submit one signed original 

paper copy. 

4. Hand Delivery/Courier: Ms. Brenda 

Edwards, U.S. Department of Energy, 

Building Technologies Program, Room 

1J–018, 1000 Independence Avenue 

SW., Washington, DC 20585–0121. 

5. Instructions: All submissions 

received must include the agency name 

and docket number for this proceeding. 

Docket: For access to the docket to 

read background documents, or 

comments received, go to the Federal 

eRulemaking Portal at http:// 

www.regulations.gov. In addition, 

electronic copies of the Petition are 

available online at DOE’s Web site at the 

following URL address: http:// 

www.regulations.gov/#!docketDetail;D=

EERE-2012-BT-PET-0053. 

FOR FURTHER INFORMATION CONTACT: 

Steven Witkowski, U.S. Department of 

Energy, Office of Energy Efficiency 

and Renewable Energy, Building 

Technologies Program, EE–2J, 1000 

Independence Avenue SW., 

Washington, DC 20585–0121, (202) 

586–7892, or email: Steven.Witkowski

@ee.doe.gov. 

Elizabeth Kohl, U.S. Department of 

Energy, Office of General Counsel, 

GC–71, 1000 Independence Avenue 

SW., Washington, DC 20585, (202) 

586–7796, email: Elizabeth.Kohl@hq.

doe.gov. 

SUPPLEMENTARY INFORMATION: The 

Administrative Procedure Act (APA), 5 

U.S.C. 551 et seq., provides among other 

things that, ‘‘[e]ach agency shall give an 

interested person the right to petition 

for the issuance, amendment, or repeal 

of a rule.’’ (5 U.S.C. 553(e)). The 

Association of Home Appliance 

Manufacturers (AHAM) petitioned DOE 

for reconsideration of its final test 

procedure rule to amend the test 

procedures for dishwashers, 

dehumidifiers and conventional cooking 

products (77 FR 65942 (Oct. 31, 2012)) 

and its direct final rule to amend the 

energy conservation standards 

applicable to dishwashers (77 FR 31918 

(May 30, 2012)). Specifically, AHAM 

requested that DOE stay the 

effectiveness of the test procedure final 

rule and final standards rule until DOE 

either: (1) Revises the standards in the 

final standards rule to account for the 

impact on measured energy resulting 

from test procedure amendments to 

measure fan-only mode and standby and 

off mode energy use; or (2) delays 

requirements regarding measurement of 

fan-only mode and standby and off 

mode energy use until promulgation of 

a revised standard for dishwashers. In 

promulgating this petition for public 

comment, DOE seeks views on whether 

to grant the petition and undertake a 

rulemaking to consider the proposals 

contained in the petition. By seeking 

such comment, DOE takes no position at 

this time on the merits of the suggested 

rulemaking. 

Issued in Washington, DC, on December 

21, 2012. 

Gregory H. Woods, 

Office of General Counsel, U.S. Department 

of Energy. 

Set forth below is the full text of the 

AHAM petition. 

Before the 

United States Department of Energy 

Office of Energy Efficiency and Renewable 

Energy 

In the Matter of: Docket No. EERE–2010– 

BT–TP–0039, RIN: 1904–AC01, Energy 

Conservation Program: Test Procedures for 

Residential Dishwashers, Dehumidifiers, and 

Conventional Cooking Products and Docket 

No. EERE–2011–BT–STD–0060, RIN No. 

1904–AC64, Energy Conservation Program: 

Energy Conservation Standards For 

Residential Dishwashers 

10 CFR Parts 429 and 430 

Petition for Reconsideration 

The Association of Home Appliance 

Manufacturers (AHAM) respectfully 

petitions the Department of Energy 

(DOE) for reconsideration of its final 

rule on Test Procedures for Residential 

Dishwashers, Dehumidifiers, and 

Conventional Cooking Products, Docket 

No. EERE–2010–BT–TP–0039, RIN 

1904–AC01, 77 FR 65942 (Oct. 31, 2012) 

(Test Procedure Final Rule) and its 

direct final rule on Energy Conservation 

Standards for Dishwashers, Docket No. 

EERE–2011–BT–STD–0060, RIN No. 

1904–AC64, 77 FR 31918 (May 30, 

2012) (Direct Final Rule). 

AHAM believes that, overall, the 

amendments made to the residential 

dishwasher test procedure are critical 

amendments, many of which will 

enhance the repeatability and 

reproducibility of the test procedure. 

AHAM requested many of the 

amendments, and we thank DOE for 

acting quickly to address the issues we 

raised. But, despite DOE’s conclusions 

that amendments to the residential 

dishwasher test procedure regarding 

fan-only mode and standby and off 

mode would impact measured energy 

and AHAM’s comments to the same 

effect, DOE has ignored and violated its 

statutory obligations under 42 U.S.C. 

6293(e) and 42 U.S.C. 6295(gg)(2). These 

provisions require analysis of test 

procedure revisions to determine 

whether they affect the stringency of the 

underlying standard, and, if so, DOE 

must adjust the standards accordingly. 

This is to prevent ‘‘back-door’’ 

rulemakings that effectively decrease or 

increase the appliance standards. DOE’s 

action is incompatible with and 

undermines the consensus agreement 

which underlies the amended 

residential dishwasher standard. 

AHAM thus requests an immediate 

stay of the effectiveness of both the 

Direct Final Rule and the Test 

Procedure Final Rule until DOE either 

(1) revises the standards in the Direct 

Final Rule to account for the impact on 

measured energy resulting from test 

procedure amendments regarding fanonly mode and standby and off mode 

energy; or (2) delays requirements 

regarding measurement of fan-only 

mode and the revised standby and off 

mode procedures until such time as a 

revised standard is promulgated for 

residential dishwashers. 

Facts 

On July 30, 2010, AHAM and energy 

efficiency advocates submitted energy 

conservation standards proposals for 

residential dishwashers and other 

products that had been the subject of 

intensive negotiations (Joint Stakeholder 

Agreement). DOE encouraged these 

negotiations, supplied technical support 

to the parties, and considered the 

standards under the fast track consensus 

standards provision in 42 U.S.C. 

6295(p)(4). That agreement included 

agreed-to energy conservation standards 

levels and a compliance date for 

dishwashers which the parties to the 

agreement jointly submitted to DOE via 

petition dated September 25, 2010. 

Notably, the Joint Stakeholder 

Agreement expressly states that ‘‘[t]he 

Joint Stakeholders have made no 

agreement concerning the appropriate 

levels for standby or off mode energy 

consumption and agree that 

stakeholders will comment to DOE as 

they view appropriate during DOE’s 

rulemaking process for each of the 

affected products, as applicable.’’ Joint 

Stakeholder Agreement, at ¶ 4. And the 

Joint Stakeholders ‘‘agree[d] that 

pending amendments to test procedures 

for the affected products should be 

completed by DOE, subject to input 

from all stakeholders and agree[d] to 

recommend that DOE translate the 

standards contained in this agreement to 

equivalent levels specified under 

revised test procedures.’’ Id. at ¶ 5. In 

addition, the Joint Stakeholder 

Agreement provides, in proposed 

statutory language, that, if the 

residential dishwasher test procedure is 

amended prior to the compliance date of 

the proposed standards (2013), the 


srobinson on DSK4SPTVN1PROD with 
76954 Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Proposed Rules 

standards should be amended consistent 

with 42 U.S.C. 6293(e)(2). See Joint 

Stakeholder Agreement, at 7. On May 

30, 2012, DOE published the Direct 

Final Rule and, as required by the 

Energy Policy and Conservation Act of 

1975 (EPCA), as amended by the Energy 

Information and Security Act of 2007 

(EISA), a Notice of Proposed 

Rulemaking. 77 FR 31964 (May 30, 

2012). The Direct Final Rule 

promulgated standards levels consistent 

with those the Joint Stakeholder 

Agreement and September 25, 2010 

petition proposed. Compliance with 

those standards is mandatory on May 

30, 2013. 

In a separate rulemaking, on 

December 2, 2010, DOE published a 

notice of proposed rulemaking in which 

it proposed amendments to the 

residential dishwasher test procedure, 

Appendix C to Subpart B of Part 430 

(Appendix C), to address standby and 

off mode, including incorporation by 

reference of IEC Standard 62301, First 

Edition. See Energy Conservation 

Program for Consumer Products: Test 

Procedures for Residential Dishwashers, 

Dehumidifiers, and Conventional 

Cooking Products (Standby Mode and 

Off Mode), Notice of Proposed 

Rulemaking and Announcement of 

Public Meeting, 75 FR 75290 (Dec. 2, 

2010) [hereinafter December 2010 

NOPR]. DOE also held a public meeting 

on December 17, 2010. Appendix C 

already included measurement of 

standby mode, but the proposed 

amendments proposed some changes to 

the energy that would be measured. For 

example, DOE proposed to define an 

‘‘inactive mode’’ as ‘‘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.’’ December 2010 NOPR, at 

75298. DOE stated that proposed 

amendments would not apply to, and 

would have no impact on, existing 

standards. See December 2010 SNOPR, 

at 75316. DOE did not propose 

amendments to the dishwasher active 

mode test procedure. DOE next issued a 

supplemental notice of proposed 

rulemaking on September 20, 2011, in 

which it proposed to incorporate by 

reference IEC Standard 62301, Second 

Edition. See Energy Conservation 

Program: Test Procedures for 

Residential Dishwashers, 

Dehumidifiers, and Conventional 

Cooking Products (Standby Mode and 

Off Mode), Supplemental Notice of 

Proposed Rulemaking, 76 FR 58346 

(Sept. 20, 2011) [hereinafter September 

2011 SNOPR]. DOE did not propose 

amendments to the dishwasher active 

mode test procedure. DOE did not 

expand upon or revise its December 

2010 NOPR discussion about 

compliance dates. In response to the 

September 2011 SNOPR, AHAM 

commented that ‘‘[a]lthough the 

dishwasher test procedure currently 

measures standby, the proposed 

amendments change what energy will 

be measured. For example, the end of 

cycle energy will now be measured, 

including cycle finished mode.’’ AHAM 

Comments on the SNOPR for Test 

Procedures for Residential Dishwashers, 

Dehumidifiers, and Conventional 

Cooking Products 3 (Oct. 20, 2011) 

[hereinafter AHAM October 2011 

Comments]. In response to comments 

from AHAM and its members, DOE 

published a second supplemental notice 

of proposed rulemaking. See Energy 

Conservation Program: Test Procedures 

for Residential Dishwashers, 

Dehumidifiers, and Conventional 

Cooking Products (Standby Mode and 

Off Mode), Supplemental Notice of 

Proposed Rulemaking, 77 FR 31444 

(May 25, 2012) [hereinafter May 2012 

SNOPR]. In the May 2012 SNOPR, DOE 

proposed to amend the residential 

dishwasher test procedure to, among 

other things, include measures of energy 

consumption in fan-only mode. This 

was the first time DOE proposed 

amendments to the active mode test 

procedure and the first time DOE 

proposed a procedure to measure fanonly mode. 

In its comments on the May 2012 

SNOPR, AHAM commented that it was 

‘‘somewhat unclear when compliance 

with the proposed revisions to the 

dishwasher test procedure would be 

required. Some of the proposals would 

impact measured energy (e.g., fan-only 

mode, water softener regeneration). 

Accordingly, if those amendments 

would be effective under the existing 

standards and/or the pending direct 

final rule, DOE would need to do a 

crosswalk to ensure that the stringency 

of those standards does not change. 

* * * Alternatively, DOE would need to 

address the changes in measured energy 

in a future standards rulemaking.’’ 

AHAM Comments on the SNOPR for 

Test Procedures for Residential 

Dishwashers, Dehumidifiers, and 

Conventional Cooking Products 2 (June 

25, 2012) [hereinafter AHAM June 2012 

Comments] (emphasis in original). 

AHAM also proposed that DOE 

incorporate by reference ANSI/AHAM 

DW–1–2009 in Appendix C. See AHAM 

June 2012 Comments, at 12–13. 

In response to comments it received 

from AHAM and others on the May 

2012 SNOPR, DOE published a third 

supplemental notice of proposed 

rulemaking on August 15, 2012. See 

Energy Conservation Program: Test 

Procedures for Residential Dishwashers 

and Cooking Products, Supplemental 

Notice of Proposed Rulemaking, 77 FR 

49064 (Aug. 15, 2012) [hereinafter 

August 2012 SNOPR]. In the August 

2012 SNOPR, DOE proposed to, among 

other things, revise the test procedure 

proposed in the May 2012 SNOPR for 

measuring energy use in fan-only mode 

and update the referenced industry test 

method to ANSI/AHAM DW–1–2010 

(AHAM DW–1–2010). Except with 

regard to replacements proposed for 

obsolete dishware, flatware, and food 

items, DOE did not clarify or propose 

specific compliance dates in the August 

2012 SNOPR preamble, including 

responding to AHAM’s previous 

comment requesting clarification about 

compliance dates. DOE did, however, 

include language in the proposed 

regulatory text addressing the 

compliance date for fan-only mode and 

water softener energy consumption: 

‘‘The procedures and calculations that 

refer to the combined low-power mode, 

fan-only mode, and water softener 

energy consumption * * * need not be 

performed to determine compliance 

with energy conservation standards for 

dishwashers at this time.’’ August 2012 

SNOPR, at 49072. 

In response to the August 2012 

SNOPR, AHAM commented ‘‘that it is 

still somewhat unclear when 

compliance with some of the proposed 

revisions to the dishwasher test 

procedure would be required’’ and 

requested ‘‘that DOE clarify which 

amendments are to be effective at which 

time.’’ AHAM Comments on the SNOPR 

for Test Procedures for Residential 

Dishwashers, Dehumidifiers, and 

Conventional Cooking Products 2 (Aug. 

30, 2012) [hereinafter AHAM August 

2012 Comments]. In addition, AHAM 

commented that, because some of the 

proposals would or could impact 

measured energy, DOE would need to 

ensure that the stringency of the 

standards does not change if it intended 

to require the amendments be used for 

compliance with existing or 2013 

standards. See id. On October 31, 2012, 

DOE published the Test Procedure Final 

Rule in which it established a new test 

procedure for residential dishwashers, 

Appendix C1 to Subpart B of Part 430 

(Appendix C1). Relevant to the instant 

petition, the Test Procedure Final Rule: 

• Added provisions for measuring 

standby mode and off mode energy 

consumption, including incorporating 

specific sections of IEC Standard 62301, 

Second Edition by reference; 


srobinson on DSK4SPTVN1PROD with 
Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Proposed Rules 76955 

1AHAM notes that it commented that the 

proposed amendments to measure water softener 

regeneration would also impact measured energy. 

See AHAM June 2012 Comments, at 2. Our 

understanding is that DOE determined that there 

would not be a change in measured energy as a 

result of the test procedure amendments to measure 

water softener regeneration because that energy is 

currently required to be included for compliance 

with the standards under existing waivers. See 

Final Test Procedure Rule, at 65946–97 (‘‘In the test 

procedure waivers granted for water softening 

dishwashers, DOE has required that such models 

meet the current energy conservation standards 

with the additional energy and water use associated 

with water softener regeneration included in the 

annual energy use and per-cycle water consumption 

metrics. * * * In accordance with the approach 

specified in these waivers, DOE determines that the 

energy and water use must be included in the 

metrics used to demonstrate compliance with any 

amended dishwasher energy conservation 

standards, including those in the direct final rule.’’). 

• Added a provision for measuring 

energy use in fan-only mode; and 

• Updated the referenced industry 

test method to ANSI/AHAM DW–1– 

2010; 

DOE determined that ‘‘the date upon 

which the use of new appendix C1 will 

be required will be May 30, 2013, the 

compliance date of the direct final rule 

published on May 30, 2012 * * *’’ Test 

Procedure Final Rule, at 65947. 

DOE did not revise the standards 

promulgated in the Direct Final Rule to 

account for changes in measured energy 

as a result of amendments requiring 

measurement of fan-only mode. DOE 

reasoned that ‘‘energy use in [fan-only 

mode] is estimated to be less than 5 

percent of the total energy use of 

standard dishwashers. Given that 65 

percent of all standard dishwashers 

currently on the market meet or exceed 

the minimum energy conservation 

standards established in the direct final 

rule, inclusion of this small amount of 

energy use would not impact 

compliance with the revised standard. 

Therefore, DOE has determined that the 

energy use in fan-only mode is de 

minimus and insufficient to alter in a 

material manner the measured energy 

use of dishwashers.’’ Test Procedure 

Final Rule, at 65947 (emphasis in 

original). 

Nor did DOE adjust the standards in 

the Direct Final Rule to account for the 

standby and off-mode test procedure 

amendments. See id. at 65961. DOE 

relied on its conclusion that ‘‘the 

proposed amendments to the 

dishwasher test procedure regarding 

standby mode and off mode would not 

alter the measured efficiency of any 

covered product under the existing test 

procedure.’’ Id. And, DOE concluded, 

because it was not presented with data 

showing otherwise, that the 

incorporation by reference of AHAM 

DW–1–2010 in the dishwasher test 

procedure would not impact measured 

energy. See id. at 65966. 

Argument 

When DOE amends a test procedure, 

it must determine ‘‘to what extent, if 

any, the proposed test procedure would 

alter the measured energy efficiency, 

measured energy use, or measured water 

use of any covered product as 

determined under the existing test 

procedure.’’ 42 U.S.C. 6293(e)(1). And, 

if DOE determines that the amended test 

procedure will alter measured energy or 

water use, DOE ‘‘shall amend the 

applicable energy conservation standard 

during the rulemaking carried out with 

respect to such test procedure.’’ 42 

U.S.C. 6293(e)(2). There is a specific 

procedure, involving evaluating 

minimally compliant products, set forth 

in the law for making that adjustment. 

See id. Furthermore, DOE was required 

to prescribe in a final rule, no later than 

March 31, 2011, test procedure 

amendments with regard to standby and 

off mode for residential dishwashers. 42 

U.S.C. 6295(gg)(2)(B). Those test 

procedure amendments ‘‘shall not to be 

used to determine compliance with 

product standards established prior to 

the adoption of the amended test 

procedures.’’ 42 U.S.C. 6295(gg)(2)(C). 

DOE did not satisfy its statutory 

obligations with regard to the fan-only 

mode, standby and off-mode, and 

updated industry test procedure 

amendments.1

Amendments Regarding Fan-Only 

Mode on Measured Energy and Ensure 

That the Stringency of the Standard 

Does Not Change 

DOE determined, and, as discussed 

below, AHAM data confirms, that the 

fan-only mode amendments to the 

residential dishwasher test procedure 

impact measured energy. DOE stated 

that the impact would be ‘‘de minimus,’’ 

but gives no justification, quantification, 

standard, or criteria for that 

determination. It is a textbook arbitrary 

and capricious determination. As 

discussed more fully below, AHAM 

disagrees with the de minimus 

determination and believes that such a 

determination violates DOE’s statutory 

obligations under 42 U.S.C. 6293(e). 

DOE should have accounted for the 

impact of the fan-only mode changes to 

the test procedure in the May 2013 

standard or should not have required 

measurement of fan-only mode for 

compliance with those standards. 

AHAM thus requests that DOE adjust 

the May 2013 standards to account for 

the impact of the fan-only mode 

amendments on measured energy or not 

require measurement of fan-only mode 

until a later standard is promulgated 

that does account for that increase in 

measured energy. 

A. DOE Concluded That the Fan-Only 

Mode Amendments Impact Measured 

Energy 

In the May 2012 SNOPR, when DOE 

first proposed amendments to the 

residential test procedure to measure 

fan-only mode, DOE found that the 

proposed measurement would increase 

measured energy. DOE calculated the 

range of annual energy consumption 

associated with an air circulation fan 

operating after the end of the active 

cycle, according to the proposed test 

procedure, to be from 0.4 to 17 kilowatt 

hours (kWh) per year. See May 2012 

SNOPR, at 31448. DOE stated that the 

‘‘higher end of the range is greater than 

5 percent of the maximum allowable 

annual energy consumption for a 

standard dishwasher (355 kWh).’’ Id. 

DOE also stated that ‘‘the energy use 

associated with this mode may in some 

cases represent a larger percentage of 

annual energy consumption than the 

energy use in the low-power modes’’ 

and that, accordingly, ‘‘[t]his energy 

consumption would be required to be 

included in the annual energy 

consumption metric upon the 

compliance date of any updated 

dishwasher energy conservation 

standards addressing standby and off 

mode energy use.’’ Id. at 31451. 

AHAM, though it did not oppose 

measurement of fan-only mode, agreed 

that it would increase measured energy, 

and, thus, requested clarification as to 

when the measurement would be 

required for compliance with the energy 

conservation standards for dishwashers: 

DOE should also clarify when this 

measurement would be required for 

compliance with energy conservation 

standards for dishwashers. DOE stated 

that this would be ‘‘required in the 

annual energy metric upon the 

compliance date of any updated 

dishwasher energy conservation 

standards addressing standby mode and 

off mode energy use.’’ Especially 

because this measurement would 

impact measured energy, AHAM 

assumes that statement is referencing a 

future standard that has not yet been 

proposed and that the fan-only 

measurement would not be required for 

compliance with the standards in the 

current direct final rule for dishwashers, 

77 FR 31918 (May 30, 2012). An express 

statement to that effect would provide 

clarity to regulated parties. 

AHAM June 2012 Comments, at 3. 

Importantly, AHAM specifically stated 

its assumption that DOE’s statement 

regarding the compliance date did not 


srobinson on DSK4SPTVN1PROD with 
76956 Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Proposed Rules 

refer to the then-pending standards in 

the Direct Final Rule. See id.; see also 

id. at 2 (‘‘AHAM notes that it is 

somewhat unclear when compliance 

with the proposed revisions to the 

dishwasher test procedure would be 

required. Some of the proposals would 

impact measured energy (e.g., fan-only 

mode, water softener regeneration). 

Accordingly, if those amendments 

would be effective under the existing 

standards and/or the pending direct 

final rule, DOE would need to do a 

crosswalk to ensure that the stringency 

of those standards does not change. 

* * * Alternatively, DOE would need to 

address the changes in measured energy 

in a future standards rulemaking. 

AHAM requests that DOE clarify which 

amendments are to be effective at which 

time.’’) (emphasis in original). 

In the subsequent August 2012 

SNOPR, in response to AHAM’s 

comments, DOE proposed an alternative 

approach for measurement of fan-only 

mode, but DOE did not alter its analysis 

regarding the impact of the amendments 

on measured energy or respond to 

AHAM’s request for clarity regarding 

the compliance date for the proposed 

fan-only mode amendments. Thus, 

AHAM again requested clarity and 

argued that, because the proposed 

amendments to measure fan-only mode 

would impact measured energy, DOE 

would need to either amend the 

standards in the Direct Final Rule to 

ensure that the stringency of those 

standards did not change or not require 

measurement of fan-only mode for 

compliance with the current or May 

2013 standards: 

AHAM notes that it is still somewhat 

unclear when compliance with some of 

the proposed revisions to the 

dishwasher test procedure would be 

required. Some of the proposals would 

or could impact measured energy. 

Accordingly, if those amendments 

would be effective under the existing 

standards and/or the pending direct 

final rule, DOE would need to do a 

crosswalk to ensure that the stringency 

of those standards does not change.1

Alternatively, DOE would need to 

address the changes in measured energy 

in a future standards rulemaking. 

AHAM requests that DOE clarify which 

amendments are to be effective at which 

time.1 77 FR 31918 (May 30, 2012). 

AHAM August 2012 Comments, at 2. 

Then, in the Test Procedure Final 

Rule, DOE adopted amendments to 

measure fan-only mode and confirmed 

its estimates of the upper end of the 

range of annual energy consumption 

associated with fan-only mode. See Test 

Procedure Final Rule, at 65959. Yet, 

despite the fact that it concluded that 

the amendments would impact 

measured energy, DOE determined that 

the amendments would be required for 

compliance with the May 2013 

standards: DOE has determined that use 

of the test procedures to measure the 

energy use in fan-only mode on the 

compliance date of any amended 

standards is appropriate. * * * The 

energy use in these modes is estimated 

to be less than 5 percent of the total 

energy use of standard dishwashers. 

Given that 65 percent of all standard 

dishwashers currently on the market 

meet or exceed the minimum energy 

conservation standards established in 

the direct final rule, inclusion of this 

small amount of energy use would not 

impact compliance with the revised 

standard. * * * Therefore, DOE has 

determined that the energy use in fanonly mode is de minimus and 

insufficient to alter in a material manner 

the measured energy use of 

dishwashers. Therefore, DOE is not 

considering amending the standards set 

forth in the direct final rule.’’ Test 

Procedure Final Rule, at 65947 

(emphasis in original). 

B. AHAM Data Show That the Fan-Only 

Mode Amendments Impact Measured 

Energy 

Based on data AHAM collected, the 

fan-only mode amendments to the 

residential dishwasher test procedure 

will add a shipment weighted average of 

0.29 kWh per year in measured energy. 

That energy takes into account the 

market penetration of fan-only mode— 

it does not assume that all basic models 

have fan-only mode. In addition, the 

shipment weighted average number 

includes a wide range of impacts on 

manufacturers and individual models, 

some much greater than 0.29 kWh per 

year. AHAM thus encourages DOE to 

interview individual manufacturers 

about the impact based on different 

technologies. AHAM’s data show that, 

the fan-only mode amendments could 

add up to two percent of the 2013 

standard in measured energy for some 

models. For models with fan-only mode, 

this is a significant impact on measured 

energy, particularly for minimally 

compliant products, and could not only 

require manufacturers to re-certify some 

or all of their models, but could also 

impact compliance with the standards. 

DOE should adjust the May 2013 

standard to account for this impact on 

measured energy or, alternatively delay 

the requirement to measure fan-only 

mode until the compliance date of a 

future standard (i.e., after the May 2013 

standards). AHAM’s preference would 

be that DOE revise the standards with 

which compliance is required on May 

30, 2013, to account for the impact on 

measured energy. 

C. DOE Must Account for the Impact of 

the Fan-Only Mode Amendments on 

Measured Energy 

In making its determination not to 

adjust the May 2013 standards to 

account for the impact on measured 

energy resulting from the fan-only mode 

amendments, DOE seems to have relied 

upon (1) its estimation that energy use 

in fan-only mode is less than five 

percent of the total energy use of 

standard dishwashers; and (2) the fact 

that 65% of dishwashers currently on 

the market meet or exceed the energy 

conservation standards in the Direct 

Final Rule. See Test Procedure Final 

Rule, at 65947. But neither of these 

reasons is sufficient for not ensuring 

that the stringency of the May 2013 

standards remains unchanged. 

DOE determined that its amendments 

to require measurement of fan-only 

mode would impact measured energy. It 

must, therefore, amend the May 2013 

standard to ensure that the stringency of 

those standards does not change. See 42 

U.S.C. 6293(e). As noted, DOE cannot 

simply ignore its statutory obligations 

because it does not deem the impact of 

the test procedure amendments to be 

significant. DOE stated that it considers 

the energy use in fan-only mode to be 

‘‘de minimus and insufficient to alter in 

a material manner the energy use of 

dishwashers.’’ Test Procedure Final 

Rule, at 65947. But DOE has not 

defined, justified, or quantified what it 

considers to be de minimus for these 

purposes. Nor did Congress provide a de 

minimus exception to the requirements 

in 42 U.S.C. 6293. DOE’s determination 

that the energy use in fan-only mode is 

‘‘de minimus’’ is a textbook arbitrary 

and capricious determination. 

Furthermore, DOE’s statement that 

65% of dishwashers currently on the 

market meet or exceed the May 2013 

standards misses the point. First, even 

if it is true that most dishwashers 

already meet or exceed the upcoming 

standards, because fan-only mode 

impacts measured energy, 

manufacturers may need to re-certify 

and re-label models with fan-only mode, 

depending on the magnitude of the 

impact on each model and whether the 

manufacturer conservatively rated the 

product originally. The resources 

required to re-certify and re-label 

models is significant. And the result 

will be confusion to consumers. Second, 

DOE’s own analysis itself is 

contradictory and belies its conclusions. 

That most products, but hardly all, 

already meet the new standards levels, 

leads to the conclusion that some do not 


srobinson on DSK4SPTVN1PROD with 
Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Proposed Rules 76957 

(i.e., 35%) and, further, that minimally 

compliant products might well be 

affected by a five percent change (if that 

is the right number) in the stringency of 

the standard. 

Nor is the fact that DOE is requiring 

measurement of fan-only mode for 

compliance with future standards 

sufficient to relieve DOE of its 

obligation to ensure that the stringency 

of those standards does not change. The 

standards in the Direct Final Rule did 

not contemplate measurement of fanonly mode, as evidenced by the facts 

that (1) the Joint Stakeholder Agreement 

on which the standards in the Direct 

Final Rule were based was finalized on 

July 30, 2010, over two years before the 

fan-only mode amendments were 

adopted; (2) the Direct Final Rule was 

published on May 30, 2012, only five 

days after DOE first proposed to require 

measurement of fan-only mode, and 

specifically stated that it was consistent 

with the proposed standards levels in 

the Joint Stakeholder Agreement; and 

(3) the Direct Final Rule became 

effective on September 27, 2012, a little 

over one month before publication of 

the Final Test Procedure Rule in the 

Federal Register. 

The Joint Stakeholder Agreement 

specifically contemplated just this 

situation by providing, in proposed 

statutory language, that, should the 

residential test procedure be amended 

prior to the compliance date of the 

agreed-to amended standards, the 

procedures of 42 U.S.C. 6293(e)(2) must 

be followed. See Joint Stakeholder 

Agreement, at 7. And the Joint 

Stakeholders ‘‘agree[d] that pending 

amendments to test procedures for the 

affected products should be completed 

by DOE, subject to input from all 

stakeholders and agree[d] to recommend 

that DOE translate the standards 

contained in this agreement to 

equivalent levels specified under 

revised test procedures.’’ Id. at ¶ 5. But, 

because stakeholders did not know what 

action DOE would take with regard to 

fan-only mode, stakeholders could not 

have effectively or meaningfully 

commented to oppose application of the 

fan-only mode amendments for 

compliance with the May 2013 

standards in comments on the Direct 

Final Rule. 

DOE authorized the Test Procedure 

Final Rule on September 17, 2012, 

which was the same date comments on 

the Direct Final Rule and accompanying 

Notice of Proposed Rulemaking were 

due to DOE. Notice of that authorization 

was not sent to stakeholders until 6:06 

p.m. on September 17, 2012, thus not 

affording stakeholders sufficient time to 

be able to review and develop 

comments prior to the end of the 

comment period on the Direct Final 

Rule. 

Accordingly, AHAM requests that 

DOE either: (1) Revise the May 2013 

standards to account for the impact on 

measured energy resulting from the fanonly mode amendments; or (2) not 

require measurement of fan-only mode 

until such time as a future revised 

standard is promulgated for residential 

dishwashers. AHAM’s preference would 

be that DOE revise the standards with 

which compliance is required on May 

30, 2013, to account for the impact on 

measured energy. 

II. DOE Must Account for the Impact of 

Test Procedure Amendments Regarding 

Standby and Off Mode on Measured 

Energy 

DOE determined, and AHAM data 

confirms, that the standby and off mode 

amendments to the residential 

dishwasher test procedure impact 

measured energy. DOE determined that 

because the amendments would not be 

required to determine compliance with 

the current standards, it did not need to 

adjust the standards to account for the 

increase in measured energy. AHAM 

disagrees—DOE’s decision not to adjust 

the standards violates DOE’s statutory 

obligations under 42 U.S.C. 6295(gg)(2) 

and 42 U.S.C. 6293(e). AHAM thus 

requests that DOE adjust the May 2013 

standards to account for the impact of 

the standby and off mode amendments 

on measured energy or not require those 

amendments to determine compliance 

with the May 2013 standard. 

A. DOE Concluded That the Standby 

and Off Mode Amendments Impact 

Measured Energy 

DOE determined that the amendments 

to the dishwasher test procedure 

regarding standby and off mode would 

impact measured energy and, thus, 

proposed that those amendments not be 

required until the compliance date of 

amended dishwasher standards that 

address standby mode and off mode 

energy use. See December 2010 SNOPR, 

at 75317; U.S. Department of Energy, 

Test Procedure for Dishwashers, 

Dehumidifiers, and Conventional 

Cooking Products, Notice of Proposed 

Rulemaking Public Meeting 71 (Dec. 17, 

2010) [hereinafter Public Meeting 

Presentation] (stating that ‘‘inactive, off, 

and cycle finished modes measured 

under the proposed test procedure may 

result in energy consumption levels 

slightly higher than the current test 

procedure. The proposed amendments 

would clarify that provisions related to 

the new measures of energy 

consumption in standby mode and off 

mode would not be required to be used 

by manufacturers until the compliance 

date of any amended dishwasher 

standards addressing standby mode and 

off mode energy use’’) (emphasis 

added). 

Throughout the rulemaking, it seemed 

that DOE would, appropriately, use the 

standards-setting process to account for 

the increase in measured energy due to 

the standby and off mode test procedure 

amendments. For example, DOE stated 

‘‘that the standby mode and off mode 

energy use is of a magnitude that it 

would materially affect that standardsetting process without overwhelming 

the effects of differing levels of active 

mode energy use.’’ Id. at 70 (emphasis 

added). And DOE further explained 

‘‘that the magnitude of standby and offmode energy use is such that integrating 

it would be measurable in changes in 

standby power, it would produce a 

measureable difference in EAEU so, 

therefore, would factor into any 

standard setting process, but is not so 

great that it would overwhelm the effect 

of variations in active energy—activemode energy use, how that would 

contribute to the EAEU.’’ Public 

Meeting, Energy Conservation Standard 

NOPR for Test Procedure for 

Dishwashers, Dehumidifiers and 

Conventional Cooking Products, 

Transcript 111–12 (Dec. 17, 2010) 

(emphasis added). DOE did not, 

however, expect the estimated annual 

energy use (EAEU) and estimated 

annual energy cost (EAOC) for 

dishwashers to be significantly affected 

by its proposed amendments to the test 

procedure. See, e.g., Public Meeting 

Presentation, at 83. 

In the September 2011 SNOPR, DOE 

continued to conclude that no 

amendments to the existing energy 

conservation standards would be 

required because the ‘‘proposed 

amendments would not measurably 

alter the existing energy efficiency and 

energy use metrics for residential 

dishwashers . * * * [and because] those 

proposed amendments would clarify 

that manufacturers would not be 

required to use the provisions relating to 

standby mode and off mode energy use 

until the compliance of new energy 

conservation standards addressing such 

energy use.’’ September 2011 SNOPR, at 

58355. AHAM commented that it did 

not agree with DOE’s conclusion that 

there would be no change in measured 

energy resulting from the standby and 

off mode test procedure changes: 

AHAM does not agree, however, that 

there would be no change in measured 

energy resulting from the changes to the 

dishwasher test procedure. Although 

the dishwasher test procedure currently 


srobinson on DSK4SPTVN1PROD with 
76958 Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Proposed Rules 

measures standby, the proposed 

amendments change what energy will 

be measured. For example, the end of 

cycle energy will now be measured, 

including cycle finished mode. DOE 

should amend the reporting 

requirements, and standards, to account 

for this change. 

AHAM October 2011 Comments, at 3. 

Yet DOE did not change its position in 

the Test Procedure Final Rule. See Test 

Procedure Final Rule, at 65946–47. 

B. AHAM Data Show That the Standby 

and Off Mode Amendments Impact 

Measured Energy 

Based on data AHAM collected, the 

standby and off mode amendments to 

the residential dishwasher test 

procedure will add a shipment weighted 

average of 1.10 kWh per year. This 

amount could be enough, especially 

combined with the increase in measured 

energy due to the fan-only mode 

amendments, to require a manufacturer 

to re-certify and re-label some or all of 

its dishwasher models. In addition, the 

shipment weighted average number 

includes a wide range of impacts on 

manufacturers and individual models, 

some much greater than 1.10 kWh per 

year. AHAM thus encourages DOE to 

interview individual manufacturers 

about the impact based on different 

technologies. 

C. DOE Must Account for the Impact of 

the Standby and Off Mode Amendments 

on Measured Energy 

DOE did not address the impact of the 

standby or off mode as measured per 

Appendix C1 in the Direct Final Rule. 

Nor could it have because DOE adopted 

Appendix C1 on October 31, 2012, over 

a month after the Direct Final Rule 

became effective. Furthermore, the Joint 

Stakeholder Agreement did not 

contemplate the standby and off mode 

amendments to the test procedure and 

the Joint Stakeholders made no 

agreement regarding the proper 

standards for standby and off mode 

energy consumption. See Joint 

Stakeholder Agreement, at ¶ 4. In fact, 

the Joint Stakeholder Agreement 

included proposed statutory language 

for implementing the agreement which 

expressly stated that ‘‘[a]ny final rule 

amending the dishwasher test procedure 

after July 9, 2010, and before January 1, 

2013 shall also amend the standards 

contained in [the agreement] according 

to the procedures in section 323(e) [of 

the Energy Policy and Conservation 

Act]. Section 323(e)(3) shall not apply to 

these amended standards.’’ Joint 

Stakeholder Agreement, at 7 (emphasis 

added). It also stated, more generally, 

that the Joint Stakeholders ‘‘agree[d] 

that pending amendments to test 

procedures for the affected products 

should be completed by DOE, subject to 

input from all stakeholders and agree to 

recommend that DOE translate the 

standards contained in this agreement to 

equivalent levels specified under 

revised test procedures.’’ Id. at ¶ 5. 

Thus, in order to require use of the 

amendments for compliance with the 

May 2013 standards, DOE must account 

for the increase in measured energy due 

to the standby and off mode 

amendments. DOE followed this 

approach in its implementation of the 

Joint Stakeholder Agreement’s 

recommendations for clothes dryers, 

room air conditioners, and clothes 

washer standards. See, e.g., Energy 

Conservation Program: Energy 

Conservation Standards for Residential 

Clothes Dryers and Room Air 

Conditioners, Final Rule, 76 FR 22454, 

22477 (Apr. 21, 2011). And DOE should 

have done the same thing with regard to 

dishwashers. Accordingly, we 

respectfully request that DOE either do 

the same analysis here as it did for those 

products, or delay the compliance date 

of the standby and off mode 

amendments until the compliance date 

of a future standard that addresses 

standby and off mode. AHAM’s 

preference would be that DOE revise the 

standards with which compliance is 

required on May 30, 2013, to account for 

the impact on measured energy. 

In the Test Procedure Final Rule, DOE 

concluded, based only on a lack of data 

to the contrary, that the incorporation 

by reference of AHAM DW–1–2010 

would not impact measured energy. See 

Test Procedure Final Rule, at 65966. 

AHAM proposed that DOE should 

incorporate AHAM DW–1–2010 by 

reference in the dishwasher test 

procedure. AHAM also commented that 

to do so, ‘‘DOE would need to determine 

whether this change would result in 

changes to measured energy (resulting 

from a change in dishware, for example) 

* * *’’ AHAM June 2012 Comments, at 

12–13; see also AHAM August 2012 

Comments, at 8. AHAM also 

volunteered to work together with DOE 

to make that determination. See AHAM 

August 2012 Comments, at 8. DOE did 

seek data regarding the impact 

incorporating AHAM DW–1–2010 by 

reference would have on measured 

energy. AHAM indicated that it did not 

have data indicating what the effect on 

measured energy would be were DOE to 

incorporate AHAM DW–1–2010 by 

reference, and DOE did not receive data 

from other stakeholders in response to 

its request. See AHAM August 2012 

Comments, at 8; Test Procedure Final 

Rule, at 65966. 

In the Test Procedure Final Rule, DOE 

responded to the lack of data by 

identifying the differences between 

AHAM DW–1–1992 and AHAM DW–1– 

2010 and stating that it had ‘‘not been 

presented with any data or information 

that would show that these differences 

would impact the results from the DOE 

dishwasher test procedure for specific 

dishwasher models. DOE also notes the 

uniform support from commenters to 

reference the most recent version of 

industry standards in its test procedures 

and observes that some test laboratories 

are already conducting dishwasher 

testing according to ANSI/AHAM DW– 

1–2010. Further, these amendments will 

not be required until the compliance 

date of new standards, which will be 

May 30, 2013. * * * If manufacturers 

determine that the new DOE test 

procedure does not measure energy and 

water use that is representative for their 

products, they may submit to DOE a 

petition for waiver from the DOE test 

procedure to determine an appropriate 

method.’’ Test Procedure Final Rule, at 

65966. 

AHAM fully supports incorporation 

of AHAM DW–1–2010 by reference in 

Appendix C1 and thanks DOE for 

incorporating by reference the most 

recent industry test procedure. Like 

DOE, AHAM does not believe that the 

differences between AHAM DW–1–1992 

and AHAM DW–1–2010 would 

noticeably impact measured energy. 

Accordingly, we are not asking DOE to 

reconsider its decision to incorporate 

AHAM DW–1–2010 by reference. 

Nevertheless, DOE should ensure in 

future rulemakings that it fulfills its 

duty under the law to investigate the 

impact on measured energy and should 

not act on its own non-empirical belief 

about the impact of a test procedure 

change on measured energy. If DOE 

does not get the data it requests, it must 

gather the data itself, continue seeking 

it from sources likely to have it, or 

accept that there is no available data on 

the point and thus, no rational, 

empirically based action can be taken. 

Conclusion 

DOE concluded during the 

rulemaking process that amendments to 

the residential dishwasher test 

procedure regarding fan-only mode and 

standby and off mode impact measured 

energy. And, as discussed above, 

AHAM’s data further quantifies that 

impact. Furthermore, the shipment 

weighted average of the impact of both 

the fan-only mode and standby and off 

mode amendments is 1.38 kWh per 

year. That energy takes into account the 

market penetration of fan-only mode— 

it does not assume that all basic models 


srobinson on DSK4SPTVN1PROD with 
Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Proposed Rules 76959 

have fan-only mode. Accordingly, we 

request that DOE either: (1) Revise the 

May 2013 standards to account for the 

impact on measured energy using the 

data AHAM presented in this petition or 

through comprehensive testing that 

compares total measured energy under 

Appendix C versus Appendix C1; or (2) 

not require measurement of fan-only 

mode or the revised standby and off 

mode procedures until such time as a 

revised standard is promulgated for 

residential dishwashers. 

AHAM believes that, overall, the 

amendments made to the test procedure, 

which reside in Appendix C1, are 

critical amendments, many of which 

will enhance the repeatability and 

reproducibility of the test procedure. 

And we thank DOE for making those 

amendments, many of which AHAM 

requested. Thus, AHAM’s preference 

would be that DOE revise the standards 

with which compliance is required on 

May 30, 2013, to account for the impact 

on measured energy. AHAM would be 

glad to assist DOE in determining the 

appropriate amended energy 

conservation standard under 42 U.S.C. 

6293(e)(2). Pending resolution of the 

instant petition, AHAM requests that 

DOE stay compliance with the May 30, 

2013, standards and Appendix C1. 

Respectfully submitted, 

Association of Home Appliance 

Manufacturers 

By: /s/ Jennifer Cleary, 

Director, Regulatory Affairs, 1111 19th St. 

NW., Suite 402, Washington, DC 20036, 202– 

872–5955 x314 

Dated: November 30, 2012 

[FR Doc. 2012–31392 Filed 12–28–12; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[Docket Number EERE–2010–BT–PET–0047] 

RIN 1904–AC57 

Energy Conservation Program: 

Request for Exclusion of 100 Watt R20 

Short Incandescent Reflector Lamp 

From Energy Conservation Standards 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of proposed rulemaking 

(NOPR). 

SUMMARY: The Energy Policy and 

Conservation Act of 1975 (EPCA), as 

amended, prescribes energy 

conservation standards for various 

consumer products and certain 

commercial and industrial equipment, 

including incandescent reflector lamps 

(IRLs). The U.S. Department of Energy 

(DOE) received a petition from the 

National Electrical Manufacturers 

Association requesting the initiation of 

a rulemaking to exclude from coverage 

under EPCA standards a certain type of 

IRL marketed for use in pool and spa 

applications. Specifically, the lamp at 

issue is a 100-watt R20 short (having a 

maximum overall length of 3 and 5⁄8 or 

3.625 inches) IRL (‘‘R20 short lamp’’). 

DOE published this petition and a 

request for comment in the Federal 

Register on December 23, 2010. From its 

evaluation of the petition and careful 

consideration of the public comments, 

DOE decided to grant the petition for 

rulemaking. DOE published a request 

for information in the Federal Register 

on September 8, 2011. Based on the 

comments received and additional data 

gathered by DOE, DOE proposes to 

exclude R20 short lamps from coverage 

under the EPCA energy conservation 

standards. 

DATES: DOE will accept comments, data, 

and information regarding this NOPR no 

later than March 1, 2013. See section 0 

Public Participation for details. 

ADDRESSES: Any comments submitted 

must identify the NOPR for Energy 

Conservation Standards for R20 Short 

Lamps, and provide docket number 

EERE–2010–BT–PET–0047 and/or 

regulatory information number (RIN) 

number 1904–AC57. Comments may be 

submitted using any of the following 

methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the 

instructions for submitting comments. 

2. Email: ShortLampsPetition-2010- 

PET-0047@ee.doe.gov. Include the 

docket number and/or RIN in the 

subject line of the message. 

3. Mail: Ms. Brenda Edwards, U.S. 

Department of Energy, Building 

Technologies Program, Mailstop EE–2J, 

1000 Independence Avenue SW., 

Washington, DC 20585–0121. If 

possible, please submit all items on a 

CD. It is not necessary to include 

printed copies. 

4. Hand Delivery/Courier: Ms. Brenda 

Edwards, U.S. Department of Energy, 

Building Technologies Program, 950 

L’Enfant Plaza SW., Suite 600, 

Washington, DC 20024. Telephone: 

(202) 586–2945. If possible, please 

submit all items on a CD, in which case 

it is not necessary to include printed 

copies. 

Written comments regarding the 

burden-hour estimates or other aspects 

of collection-of-information 

requirements may be submitted to 

Office of Energy Efficiency and 

Renewable Energy through the methods 

listed above and by email to 

Chad_S_Whiteman@omb.eop.gov. 

For detailed instructions on 

submitting comments and additional 

information on the rulemaking process, 

see section 0 of this document (Public 

Participation). 

Docket: The docket is available for 

review at www.regulations.gov, 

including Federal Register notices, 

comments, and other supporting 

documents/materials. 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 regulations.gov Web page will 

contain simple instructions on how to 

access all documents, including public 

comments, in the docket. See section 0 

for more information on how to submit 

comments through 

www.regulations.gov. 

For further information on how to 

submit a comment or review other 

public comments and the docket, 

contact Ms. Brenda Edwards at (202) 

586–2945 or by email: 

brenda.edwards@ee.doe.gov. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Lucy deButts, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies Program, EE–2J, 1000 

Independence Avenue SW., 

Washington, DC 20585–0121. 

Telephone: (202) 287–1604. Email: 

lucy.debutts@ee.doe.gov. 

Ms. Celia Sher, U.S. Department of 

Energy, Office of the General Counsel, 

GC–71, 1000 Independence Avenue 

SW., Washington, DC 20585–0121. 

Telephone: (202) 287–6122. Email: 

celia.sher@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Summary of the Rulemaking 

II. Introduction 

A. Authority 

B. Background 

III. Determination of R20 Short Lamp 

Exclusion 

A. Authority 

B. R20 Short Lamp Special Application 

Design and Impact on Energy Savings 

1. Special Application of R20 Short Lamps 

2. Impact on Energy Savings 

C. Availability of R20 Short Lamp Special 

Characteristics in Substitutes 

1. Special Characteristics of R20 Short 

Lamps 

2. Reasonable Substitutes with R20 Short 

Lamp Special Characteristics 

D. Conclusion 

E. Options for Conditional Exclusions 

IV. Procedural Issues and Regulatory Review 


srobinson on DSK4SPTVN1PROD with