This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

83611 

Vol. 89, No. 201 

Thursday, October 17, 2024 

1All 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. 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[EERE–2019–BT–STD–0039] 

RIN 1904–AF60 

Energy Conservation Program: Energy 

Conservation Standards for 

Dishwashers 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Direct final rule; confirmation of 

effective and compliance dates; 

technical correction. 

SUMMARY: The U.S. Department of 

Energy (‘‘DOE’’) published a direct final 

rule to establish new energy 

conservation standards for dishwashers 

in the Federal Register on April 24, 

2024. DOE has determined that the 

comments received in response to the 

direct final rule do not provide a 

reasonable basis for withdrawing the 

direct final rule. Therefore, DOE 

provides this document confirming the 

effective and compliance dates of those 

standards. This document also clarifies 

the introductory notes to the appendices 

for the dishwasher test procedure to 

conform with the amended standards 

promulgated by direct final rule 

published on April 24, 2024. This 

document also corrects an error in the 

amended regulatory text as it appeared 

in the direct final rule published on 

April 24, 2024. 

DATES: The technical correction in this 

document is effective October 17, 2024. 

The effective date of August 22, 2024, 

for the direct final rule published April 

24, 2024 (89 FR 31398) is confirmed. 

Compliance with the standards 

established in the direct final rule will 

be required on April 23, 2027. 

ADDRESSES: The docket for this 

rulemaking, which includes Federal 

Register notices, public meeting 

attendee lists and transcripts, 

comments, and other supporting 

documents/materials, is available for 

review at www.regulations.gov. All 

documents in the docket are listed in 

the www.regulations.gov index. 

However, not all documents listed in 

the index may be publicly available, 

such as information that is exempt from 

public disclosure. 

The docket web page can be found at 

www.regulations.gov/docket/EERE2019-BT-STD-0039. The docket web 

page contains instructions on how to 

access all documents, including public 

comments, in the docket. 

For further information on how to 

submit a comment or review other 

public comments and the docket, 

contact the Appliance and Equipment 

Standards Program staff at (202) 287– 

1445 or by email: 

ApplianceStandardsQuestions@

ee.doe.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: 

ApplianceStandardsQuestions@

ee.doe.gov. 

Ms. Kiana Daw, U.S. Department of 

Energy, Office of the General Counsel, 

GC–33, 1000 Independence Avenue SW, 

Washington, DC 20585–0121. 

Telephone: (202) 586–4798. Email: 

kiana.daw@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Authority 

II. Dishwashers Direct Final Rule 

A. Background 

III. Comments on the Direct Final Rule 

A. General Comments 

B. Authority To Regulate Water Use 

C. Economic Justification 

1. Consumer Impacts 

2. Product Reliability 

3. Repair and Maintenance Costs 

D. Significant Conservation of Energy 

E. Unavailability of Performance 

Characteristics 

F. Stakeholder Representation 

G. Conforming Updates To Test Procedure 

Introductory Notes 

IV. Impact of Any Lessening of Competition 

V. Conclusion 

I. Authority 

The Energy Policy and Conservation 

Act, Public Law 94–163, as amended 

(‘‘EPCA’’),1 authorizes DOE to issue a 

direct final rule establishing an energy 

conservation standard for a product on 

receipt of a statement submitted jointly 

by interested persons that are fairly 

representative of relevant points of view 

(including representatives of 

manufacturers of covered products, 

States, and efficiency advocates), as 

determined by the Secretary of Energy 

(‘‘Secretary’’), that contains 

recommendations with respect to an 

energy or water conservation standard 

that are in accordance with the 

provisions of 42 U.S.C. 6295(o) or 42 

U.S.C. 6313(a)(6)(B), as applicable. (42 

U.S.C. 6295(p)(4)) 

The direct final rule must be 

published simultaneously with a notice 

of proposed rulemaking (‘‘NOPR’’) that 

proposes an energy or water 

conservation standard that is identical 

to the standard established in the direct 

final rule, and DOE must provide a 

public comment period of at least 110 

days on this proposal. (42 U.S.C. 

6295(p)(4)(A)–(B)) Not later than 120 

days after issuance of the direct final 

rule, DOE shall withdraw the direct 

final rule if: (1) DOE receives one or 

more adverse public comments relating 

to the direct final rule or any alternative 

joint recommendation; and (2) based on 

the rulemaking record relating to the 

direct final rule, DOE determines that 

such adverse public comments or 

alternative joint recommendation may 

provide a reasonable basis for 

withdrawing the direct final rule. (42 

U.S.C. 6295(p)(4)(C)) If DOE makes such 

a determination, DOE must proceed 

with the NOPR published 

simultaneously with the direct final rule 

and publish in the Federal Register the 

reasons why the direct final rule was 

withdrawn. (Id.) 


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2The signatories to the Joint Agreement include 

the Association of Home Appliance Manufacturers 

(AHAM), American Council for an Energy Efficient 

Economy, Alliance for Water Efficiency, Appliance 

Standards Awareness Project, Consumer Federation 

of America, Consumer Reports, Earthjustice, 

National Consumer Law Center, Natural Resources 

Defense Council, Northwest Energy Efficiency 

Alliance, and Pacific Gas and Electric Company. 

Members of AHAM’s Major Appliance Division that 

make the affected products include: Alliance 

Laundry Systems, LLC; Asko Appliances AB; Beko 

US Inc.; Brown Stove Works, Inc.; BSH Home 

Appliances Corporation; Danby Products, Ltd.; 

Electrolux; Elicamex S.A. de C.V.; Faber; Fotile 

America; GE Appliances, a Haier Company; 

L’Atelier Paris Haute Design LLG; LG Electronics; 

Liebherr USA, Co.; Midea America Corp.; Miele, 

Inc.; Panasonic Appliances Refrigeration Systems 

(PAPRSA) Corporation of America; Perlick 

Corporation; Samsung Electronics America, Inc.; 

Sharp Electronics Corporation; Smeg S.p.A; SubZero Group, Inc.; The Middleby Corporation; ULine Corporation; Viking Range, LLC; and 

Whirlpool Corporation. 

3The Joint Agreement contained 

recommendations for six covered products: 

refrigerators, refrigerator-freezers, and freezers; 

clothes washers; clothes dryers; dishwashers; 

cooking products; and miscellaneous refrigeration 

products. 

4The Joint Agreement is available in the docket 

at: www.regulations.gov/comment/EERE-2019-BTSTD-0039-0055. 

After review of comments received, 

DOE has determined that it did receive 

adverse comments on the direct final 

rule. However, based on the rulemaking 

record, the comments did not provide a 

reasonable basis for withdrawing the 

direct final rule under the provisions in 

42 U.S.C. 6295(p)(4)(C). As such, DOE 

did not withdraw this direct final rule 

and the direct final rule remains 

effective. Although not required under 

EPCA, where DOE does not withdraw a 

direct final rule, DOE customarily 

publishes a summary of the comments 

received during the 110-day comment 

period and its responses to those 

comments. This document contains 

such a summary, as well as DOE’s 

responses to the comments. 

II. Dishwashers Direct Final Rule 

A. Background 

In a direct final rule published on 

May 30, 2012 (‘‘May 2012 Direct Final 

Rule’’), DOE adopted the current energy 

conservation standards for dishwashers 

manufactured on or after May 30, 2013. 

77 FR 31918. These standards are set 

forth in DOE’s regulations at title 10 of 

the Code of Federal Regulations (‘‘CFR’’) 

section 430.32(f). 

The current standards are defined in 

terms of maximum estimated annual 

energy use (‘‘EAEU’’) in kilowatt hours 

per year (‘‘kWh/yr’’) and maximum per 

cycle water consumption in gallons per 

cycle (‘‘gal/cycle’’) as measured 

according to DOE’s dishwasher test 

procedure codified at 10 CFR part 430, 

subpart B, appendix C1 (‘‘appendix 

C1’’). 

In a final determination published on 

December 13, 2016 (‘‘December 2016 

Final Determination’’), DOE concluded 

that amended energy conservation 

standards would not be economically 

justified at any level above the 

standards established in the May 2012 

Direct Final Rule, and therefore 

determined not to amend the standards. 

81 FR 90072. 

On January 18, 2023, DOE published 

a final rule (‘‘January 2023 TP Final 

Rule’’) amending the test procedure at 

appendix C1 and establishing a new test 

procedure at 10 CFR part 430, subpart 

B, appendix C2 (‘‘appendix C2’’). 88 FR 

3234. The new appendix C2 specifies 

updated annual cycles and low-power 

mode hours, both of which are used to 

calculate the EAEU metric, and 

introduces a minimum cleaning 

performance threshold to validate the 

selected test cycle. 88 FR 3234, 3236. 

On May 19, 2023, DOE published a 

NOPR (‘‘May 2023 NOPR’’) proposing to 

amend the current standards for 

dishwashers, defined in terms of EAEU 

and per-cycle water consumption as 

measured according to appendix C2. 88 

FR 32514. 

On September 25, 2023, DOE received 

a joint statement (‘‘Joint Agreement’’) 

recommending standards for 

dishwashers that was submitted by 

groups representing manufacturers, 

energy and environmental advocates, 

consumer groups, and a utility.2 In 

addition to the recommended standards 

for dishwashers, the Joint Agreement 

also included separate 

recommendations for several other 

covered products.3 The amended 

standard levels recommended in the 

Joint Agreement for dishwashers are 

presented in Table II.1, expressed in 

terms of EAEU and per-cycle water 

consumption as measured according to 

the newly established test procedure 

contained in appendix C2. Details of the 

Joint Agreement recommendations for 

other products are provided in the Joint 

Agreement posted in the docket for this 

rulemaking.4

TABLE II.1—RECOMMENDED AMENDED ENERGY CONSERVATION STANDARDS FOR DISHWASHERS

Product class 

Maximum 

estimated 

annual energy use 

(kWh/year) 

Maximum per-cycle 

water consumption 

(gal/cycle) 

Compliance date 

Standard-Size Dishwasher (≥8 place settings plus 6 serving pieces).223 3.3 3 years after publication of the direct 

final rule. 

Compact-Size Dishwasher (<8 place settings plus 6 serving pieces).174 3.1 

After carefully considering the 

recommended energy conservation 

standards for dishwashers in the Joint 

Agreement, DOE determined that these 

recommendations were in accordance 

with the statutory requirements of 42 

U.S.C. 6295(p)(4) for the issuance of a 

direct final rule and published a direct 

final rule on April 24, 2024 (‘‘April 2024 

Direct Final Rule’’). 89 FR 31398. DOE 

evaluated whether the Joint Agreement 

satisfies 42 U.S.C. 6295(o), as 

applicable, and found that the 

recommended standard levels would, 

among other things, result in significant 

energy savings and are technologically 

feasible and economically justified. Id. 

at 89 FR 31471–31478. Accordingly, 

DOE adopted the recommended 

efficiency levels for dishwashers as the 

amended standard levels in the April 

2024 Direct Final Rule. Id. 

The maximum EAEU and maximum 

water consumption standards adopted 

in the April 2024 Direct Final Rule 

apply to product classes listed in Table 

II.2 and that are manufactured in, or 

imported into, the United States starting 

on April 23, 2027. The April 2024 Direct 

Final Rule provides a detailed 

discussion of DOE’s analysis of the 

benefits and burdens of the amended 

standards pursuant to the criteria set 

forth in EPCA. Id. 


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5Table III.1 excludes one comment received from 

Clean Future that is not directly related to this 

rulemaking. 

6The parenthetical reference provides a reference 

for information located in the docket of DOE’s 

rulemaking to develop energy conservation 

standards for dishwashers. (Docket No. EERE– 

2019–BT–STD–0039, which is maintained at: 

www.regulations.gov). The references are arranged 

as follows: (commenter name, comment docket ID 

number at page of that document). 

TABLE II.2—AMENDED ENERGY CONSERVATION STANDARDS FOR DISHWASHERS

[Compliance Starting April 23, 2027] 

Product class 

Estimated annual 

energy use 

(kWh/year) 

Per-cycle water 

consumption 

(gal/cycle) 

Standard-size 1 (≥8 place settings plus 6 serving pieces) 2 .................................................................... 223 3.3 

Compact-size (<8 place settings plus 6 serving pieces) 2 ...................................................................... 174 3.1 

1The energy conservation standards in this table do not apply to standard-size dishwashers with a cycle time for the normal cycle of 60 minutes or less. 2Place settings are as specified in AHAM DW–1–2020 (which is incorporated by reference, see § 430.3) and the test load is as specified in 

section 2.4 of appendix C2 to subpart B of part 430. 

As required by EPCA, DOE also 

simultaneously published a NOPR 

proposing the identical standard levels 

contained in the April 2024 Direct Final 

Rule. 89 FR 31096. DOE considered 

whether any adverse comment received 

during the 110-day comment period 

following the publication of the April 

2024 Direct Final Rule provided a 

reasonable basis for withdrawal of the 

direct final rule under the provisions in 

42 U.S.C. 6295(p)(4)(C). 

III. Comments on the Direct Final Rule 

As discussed in section I of this 

document, not later than 120 days after 

publication of a direct final rule, DOE 

shall withdraw the direct final rule if: 

(1) DOE receives one or more adverse 

public comments relating to the direct 

final rule or any alternative joint 

recommendation; and (2) based on the 

rulemaking record relating to the direct 

final rule, DOE determines that such 

adverse public comments or alternative 

joint recommendation may provide a 

reasonable basis for withdrawing the 

direct final rule. (42 U.S.C. 

6295(p)(4)(C)(i)) 

DOE received comments in response 

to the April 2024 Direct Final Rule from 

the interested parties listed in Table 

III.1.5

TABLE III.1—LIST OF COMMENTERS WITH WRITTEN SUBMISSIONS IN RESPONSE TO THE APRIL 2024 DIRECT FINAL RULE

Commenter(s) Abbreviation 

Comment 

number in 

the docket 

Commenter type 

Association of Home Appliance Manufacturers ................................................. AHAM ..................... 76 Trade Association. 

Appliance Standards Awareness Project, Alliance for Water Efficiency, American Council for an Energy-Efficient Economy, Consumer Federation of 

America, Consumer Reports, Earthjustice, National Consumer Law Center, 

Natural Resources Defense Council, Northwest Energy Efficiency Alliance, 

and Pacific Gas and Electric Company.

ASAP et al. ............ 74 Advocacy Organizations. 

Consumer Federation of America, Consumer Reports, Green Energy Consumers Alliance, National Consumer Law Center, and U.S. Public Interest 

Research Group.

CFA et al. ............... 75 Advocacy Organizations. 

Chris Bruno ........................................................................................................ Bruno ..................... 70 Individual. 

Clean Future ....................................................................................................... Clean Future .......... 71, 72 Advocacy Organization. 

Bill Word and David Daquin ............................................................................... Word and Daquin ... * 68, 69 Individual. 

* Comments No. 68 and 69 are identical. DOE cites comment 68 in this document. 

A parenthetical reference at the end of 

a comment quotation or paraphrase 

provides the location of the item in the 

public record.6 The following sections 

discuss the substantive comments DOE 

received on the April 2024 Direct Final 

Rule as well as DOE’s determination 

that the comments do not provide a 

reasonable basis for withdrawal of the 

direct final rule. 

A. General Comments 

AHAM and ASAP et al. supported the 

April 2024 Direct Final Rule for 

dishwashers because it establishes 

standards that are consistent with 

recommendations submitted in the Joint 

Agreement. (AHAM, No. 76 at p. 1; 

ASAP et al., No. 74 at pp. 1–2) AHAM 

commented that it finds DOE has 

satisfied all EPCA criteria for issuing the 

April 2024 Direct Final Rule because the 

recommended energy conservation 

standards were designed by the Joint 

Stakeholders (including manufacturers 

of various sizes as well as consumer, 

environmental, and efficiency advocacy 

groups; a utility; and some States) to 

achieve the maximum improvement in 

energy efficiency that is technologically 

feasible and economically justified in 

accordance with the provisions of 42 

U.S.C. 6295(o); and because DOE issued 

the April 2024 Direct Final Rule with a 

proposed rule identical to the standard 

established in the April 2024 Direct 

Final Rule and allowed 110 days for 

public comment, which is consistent 

with EPCA requirements. AHAM agreed 

with DOE’s determination that the 

amended energy and water conservation 

standard levels in the April 2024 Direct 

Final Rule can be reached through 

technology options DOE identified in its 

direct final rule or through other 

pathways. (AHAM, No. 76 at pp. 4, 5– 

6) 

AHAM further commented that DOE 

satisfactorily responded to AHAM’s 

comments and concerns regarding 

dishwasher performance, the economic 

value of water, consideration of lowincome consumers, new Energy 

Information Administration’s (‘‘EIA’s’’) 


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Residential Energy Consumption Survey 

(‘‘RECS’’) 2020 data, consideration of 

well and septic system users, and 

cumulative regulatory burden. (AHAM 

No. 76 at pp. 2–3) AHAM stated that the 

compliance timeline reduces the 

cumulative regulatory burden of this 

rulemaking and those for other major 

appliances. (AHAM, No. 76 at p. 6) 

CFA et al. supported the April 2024 

Direct Final Rule, which they noted is 

one of many completed and pending 

efficiency standards that will together 

significantly reduce consumer costs and 

climate pollution, as well as reduce 

emissions of nitrogen oxides, which can 

cause health issues. (CFA et al., No. 75 

at pp. 1–2) 

Clean Future supported the proposed 

regulations, in particular the detailed 

outline of new environmental 

guidelines that demonstrate a forwardlooking approach to combating climate 

change and its effects. (Clean Future, 

No. 71 at p. 1) Clean Future also 

commented that the revised standards 

will yield significant energy savings, are 

technologically feasible, and are 

economically justified. (Clean Future, 

No. 72 at p. 1) 

DOE received a comment from one 

individual commenter who expressed 

support for the standards promulgated 

in the April 2024 Direct Final Rule. 

(Bruno, No. 70 at p. 1) 

As discussed in more detail below, 

DOE has determined that these 

comments do not provide a reasonable 

basis to withdraw the April 2024 Direct 

Final Rule. 

B. Authority To Regulate Water Use 

DOE received comments regarding 

DOE’s statutory authority to regulate the 

water use of dishwashers. 

Word and Daquin commented that 

DOE has gone beyond its statutory 

authority in increasing water efficiency 

standards of certain consumer 

appliances without lawful authority. 

Word and Daquin asserted that DOE 

lacks the authority to increase the 

stringency of water use standards for 

products other than showerheads, 

faucets, water closets, and urinals. 

(Word & Daquin, No. 68 at p. 1) 

Word and Daquin also commented 

that based on the history of EPCA and 

the recent ruling of the Fifth Circuit 

Court of Appeals, DOE does not have 

the authority to regulate the water use 

of dishwashers. Word and Daquin 

commented the Fifth Circuit recognized 

that ‘‘No part of [EPCA] indicates 

Congress gave DOE power to regulate 

water use for energy-using appliances.’’ 

Louisiana v. United States Dep’t of 

Energy, 90 F.4th 461, 471 (5th Cir. 

2024). Word and Daquin also noted that 

according to the Fifth Circuit, ‘‘EPCA 

does not appear to contemplate overlap 

between the products subject to ‘energy’ 

regulation and those subject to ‘water’ 

regulation,’’ noting that this is because 

the statute authorized DOE to regulate 

‘‘energy use, or, [. . .] water use,’’ and 

‘‘[t]he word ‘or’ is almost always 

disjunctive.’’ Id. at 470–471 (quoting 

Encino Motorcars, LLC v. Navarro, 584 

U.S. 79, 80 (2018)). (Word & Daquin, No. 

68 at pp. 1–4) 

AHAM commented that a dishwasher 

is a holistic system that is optimized by 

being able to manipulate both water 

levels and electricity levels to get the 

best performance with the least amount 

of energy, and that DOE’s regulation of 

energy efficiency and water use together 

supports manufacturers’ ability to create 

high performing and highly efficient 

wash systems. AHAM stated that it had 

supported the Energy Independence and 

Security Act of 2007, which it described 

as providing DOE with the authority to 

regulate water use for dishwashers 

because water use is intricately linked 

to energy usage. AHAM added that 

disconnecting these authorities would 

significantly increase regulatory burden 

and would make designing products 

more difficult if authority to set water 

standards rested with individual states. 

(AHAM, No. 76 at p. 5) 

As discussed in the April 2024 Direct 

Final Rule, EPCA prescribed energy 

conservation standards with both energy 

and water use requirements for 

dishwashers. 89 FR 31398, 31406. In 

establishing energy conservation 

standards with both energy and water 

use performance standards for 

dishwashers manufactured after 2010, 

Congress also directed DOE to 

‘‘determin[e] whether to amend’’ those 

standards. (42 U.S.C. 6295(g)(10)(B)) 

Congress’s directive, in section 

6295(g)(10)(B), to consider whether ‘‘to 

amend the standards for dishwashers’’ 

refers to ‘‘the standards’’ established in 

the immediately preceding section, 

6295(g)(10)(A), where Congress 

established energy conservation 

standards with both energy and water 

use performance standards for 

dishwashers. Indeed, the energy and 

water use performance standards for 

dishwashers (both standard-size and 

compact-size) are each contained within 

a single subparagraph. See id. 

Accordingly, DOE’s authority, under 

section 6295(g)(10)(B), includes 

consideration of amended energy and 

water use performance standards for 

dishwashers. 

Similarly, DOE’s authority under 42 

U.S.C. 6295(m) to amend ‘‘standards’’ 

for covered products includes amending 

both the energy and water use 

performance standards for dishwashers. 

Neither section 6295(g)(10)(B) nor 

section 6295(m) limit their application 

to ‘‘energy use standards.’’ Rather, they 

direct DOE to consider amending ‘‘the 

standards,’’ 42 U.S.C. 6295(g)(10)(B), or 

simply ‘‘standards,’’ Id. section 

6295(m)(1)(B), which may include both 

energy and water use performance 

standards. 

C. Economic Justification 

DOE must follow specific statutory 

criteria for prescribing new or amended 

standards for covered products, 

including dishwashers. Any new or 

amended standard for a covered product 

must be designed to achieve the 

maximum improvement in energy 

efficiency that the Secretary determines 

is technologically feasible and 

economically justified. (42 U.S.C. 

6295(o)(2)(A)) In deciding whether a 

proposed standard is economically 

justified, DOE must determine whether 

the benefits of the standard exceed its 

burdens. (42 U.S.C. 6295(o)(2)(B)(i)) 

DOE must make this determination after 

receiving comments on the proposed 

standard, and by considering, to the 

greatest extent practicable, the following 

seven statutory factors: 

(1) The economic impact of the 

standard on manufacturers and 

consumers of the products subject to the 

standard; 

(2) The savings in operating costs 

throughout the estimated average life of 

the covered products in the type (or 

class) compared to any increase in the 

price, initial charges, or maintenance 

expenses for the covered products that 

are likely to result from the standard; 

(3) The total projected amount of 

energy (or as applicable, water) savings 

likely to result directly from the 

standard; 

(4) Any lessening of the utility or the 

performance of the covered products 

likely to result from the standard; 

(5) The impact of any lessening of 

competition, as determined in writing 

by the Attorney General, that is likely to 

result from the standard; 

(6) The need for national energy and 

water conservation; and 

(7) Other factors the Secretary 

considers relevant. 

(42 U.S.C. 6295(o)(2)(B)(i)(I)–(VII)) 

DOE received several comments on its 

determination of economic justification 

under the statutory criteria. 

1. Consumer Impacts 

AHAM commented that under the 

standards adopted in the April 2024 

Direct Final Rule, only 3 percent of 

consumers would experience a net cost. 

(AHAM, No. 76 at p. 4) 


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Federal Register / Vol. 89, No. 201 / Thursday, October 17, 2024 / Rules and Regulations 83615 

7ENERGY STAR Version 7.0 Program 

Requirements available at: https://

www.energystar.gov/sites/default/files/asset/ 

document/ENERGY%20STAR

%20Version%207.0%20Residential%20Dishwasher

%20Final%20Specification_1.pdf. 

ASAP et al. commented that the 

amended standards will particularly 

benefit low-income consumers, who 

spend three times more of their income 

on energy costs compared to non-lowincome households. ASAP et al. 

commented that the standards will also 

benefit renters, whose landlords might 

not otherwise purchase energy-saving 

dishwashers. (ASAP et al., No. 74 at p. 

2) 

CFA et al. commented that many 

dishwashers on the market today do not 

use up-to-date technology for water and 

energy efficiency, and that most 

dishwashers on the market that do not 

currently meet the standards could do 

so through improved control strategies, 

requiring no incremental cost to 

consumers. CFA et al. commented that 

renters, who are disproportionately lowincome households, are often unable to 

choose their dishwasher yet must pay 

the utility bills, creating a splitincentive problem particularly acute in 

multifamily housing, for which nearly 

90 percent of households are renters. 

CFA et al. noted that the amended 

standards will reduce energy use by 

about 15 percent relative to the least 

efficient dishwashers sold today while 

cutting water waste, with a payback 

period for standard-size dishwashers of 

1.6 years. (CFA et al., No. 75 at p. 1) 

DOE did not receive any adverse 

comments in relation to consumer 

impacts. DOE reiterates its 

determination from the April 2024 

Direct Final Rule that the standards 

adopted in the direct final rule are 

economically justified. 89 FR 31398, 

31477–31478. 

2. Product Reliability 

ASAP et al. commented that they did 

not expect the standards in the April 

2024 Direct Final Rule to have any 

impact on product reliability because 

the amended standards can be met with 

simple design changes that have already 

been incorporated in many models on 

the market today. ASAP et al. presented 

a figure of historical data from EIA’s 

RECS showing that the distribution of 

dishwasher age remained largely 

unchanged between 2005 and 2020, as 

dishwasher efficiency improved. (ASAP 

et al., No. 74 at pp. 2, 3–4) 

AHAM commented that the 

recommended standards are 

economically justified as required by 42 

U.S.C. 6295(o)(2)(B)(i)(I) and will not 

result in lessening of utility, reliability, 

performance, or availability of 

dishwashers considered under 42 U.S.C. 

6295(o)(2)(B)(i)(IV). (AHAM, No. 76 at 

p. 4) 

DOE did not receive any adverse 

comments in relation to product 

reliability. DOE reiterates its 

determination from the April 2024 

Direct Final Rule that the standards 

adopted in the direct final rule will not 

lessen the utility or performance of 

dishwashers. 89 FR 31398, 31464– 

31467. 

3. Repair and Maintenance Costs 

An individual recommended that 

DOE factor the repairability and 

maintenance of an appliance into its 

economic and environmental impact. 

(Bruno, No. 70 at p. 1) 

DOE did take into account the cost of 

repair associated with each analyzed 

efficiency level in the April 2024 Direct 

Final Rule. As discussed in the April 

2024 Direct Final Rule, DOE determined 

that routine maintenance costs would 

not vary with increased efficiency. See 

89 FR 31398, 31430. 

D. Significant Conservation of Energy 

Pursuant to EPCA, any new or 

amended standard must result in 

significant conservation of energy. (42 

U.S.C. 6295(o)(3)(B)) 

AHAM noted that DOE’s analysis 

found significant energy and water 

savings, as required under EPCA. 

(AHAM, No. 76 at p. 4) 

ASAP et al. commented that as 

estimated by the Joint Stakeholders, the 

new standards for dishwashers will 

cost-effectively reduce energy 

consumption by 15 percent relative to 

the current standards while also cutting 

water waste. ASAP et al. added that on 

a national level, the Joint Stakeholders 

estimate the standards will save 0.31 

quadrillion British thermal units (‘‘Btu’’) 

of energy and 240 billion gallons of 

water over 30 years of shipments and 

cut carbon dioxide emissions by 9.5 

million metric tons. (ASAP et al., No. 74 

at p. 2) 

In summary, DOE did not receive any 

adverse comments in relation to the 

significant conservation of energy. DOE 

reiterates its determination from the 

April 2024 Direct Final Rule that the 

energy savings from the standard levels 

adopted in this direct final rule are 

‘‘significant’’ within the meaning of 42 

U.S.C. 6295(o)(3)(B). 89 FR 31398, 

31405, 31413. 

E. Unavailability of Performance 

Characteristics 

EPCA specifies the Secretary may not 

prescribe an amended or new standard 

if interested persons have established by 

a preponderance of the evidence that 

the standard is likely to result in the 

unavailability in the United States in 

any covered product type (or class) of 

performance characteristics (including 

reliability), features, sizes, capacities, 

and volumes that are substantially the 

same as those generally available in the 

United States. (42 U.S.C. 6295(o)(4)) 

Word and Daquin commented that 

they are harmed by the April 2024 

Direct Final Rule because their choice of 

preferred dishwasher would be 

eliminated by the rule. Word and 

Daquin recommended that DOE repeal 

the April 2024 Direct Final Rule and 

withdraw the proposed rule. (Word & 

Daquin, No. 68 at p. 10) 

DOE notes that Word and Daquin did 

not provide any specifics regarding the 

dishwasher features that would be 

eliminated by the April 2024 Direct 

Final Rule or why these features and 

products would be eliminated by 

amended standards. 

In contrast, ASAP et al. commented 

that the standards adopted in the April 

2024 Direct Final Rule will not 

negatively impact drying performance, 

will not require an increase in cycle 

time, and combined with the cleaning 

performance requirements specified in 

Appendix C2, will ensure new 

dishwashers provide good cleaning 

performance. ASAP et al. noted that 

according to DOE, standard-size 

dishwashers of efficiencies up to 

efficiency level 3 (‘‘EL 3’’) can achieve 

the specified cleaning index threshold, 

while DOE only adopted EL 2 as the 

amended standard level. ASAP et al. 

also stated that nearly 500 standard-size 

dishwasher models meet the more 

stringent (i.e., EL 3) ENERGY STAR 

Version 7.0 specification,7

demonstrating a wide availability of 

dishwashers that both meet the 

amended standards and provide good 

cleaning performance. (ASAP et al., No. 

74 at pp. 2–3) ASAP et al. also noted 

that the test procedures used only the 

normal cycle, so manufacturers will 

continue to be able to offer short-cycle 

options, which will not be impacted by 

the standards. (ASAP et al., No. 74, at 

p. 3) 

ASAP et al. further commented that 

there is no evidence that the frequency 

of behaviors such as prerinsing, 

handwashing, or running multiple 

cycles has increased or will increase 

due to the amended standards. ASAP et 

al. cited RECS data that indicates the 

average number of cycles per year has 

declined over time and a Consumer 

Reports article that states most modern, 

efficient dishwashers work better 

without prerinsing. (ASAP et al., No. 74 

at p. 3) 


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AHAM commented that the energy 

conservation standards adopted in the 

April 2024 Direct Final Rule will not 

result in significant lessening of utility, 

reliability, performance, or availability 

of the covered products as prohibited 

under the so-called ‘‘safe harbor’’ 

exception of 42 U.S.C. 6295(o)(2)(B)(IV). 

(AHAM, No. 76 at pp. 4–5) AHAM 

stated that products on the market have 

demonstrated capability of achieving 

the standards while retaining consumer 

satisfaction with a range of performance 

considerations; and more than 400 

dishwasher models are currently 

certified to the more stringent ENERGY 

STAR Version 7.0 level. AHAM noted 

that DOE’s test procedure, confirmatory 

testing data, confidential interviews, 

and ENERGY STAR’s performance 

requirements reinforce that the 

amended standards will not negatively 

impact dishwasher performance. 

(AHAM, No. 76 at pp. 1–2) 

DOE reiterates its determination from 

the April 2024 Direct Final Rule that the 

amended standards will not result in the 

unavailability of products that are 

substantially the same as those currently 

available in the United States, and the 

amended standards will not reduce the 

utility or performance of dishwashers. 

89 FR 31398, 31413, 31464–31468. 

Therefore, DOE has determined that the 

comment provided by Word and Daquin 

do not provide a reasonable basis for 

withdrawal of the April 2024 Direct 

Final Rule. 

F. Stakeholder Representation 

Under 42 U.S.C. 6295(p)(4), interested 

persons that are fairly representative of 

relevant points of view (including 

representatives of manufacturers of 

covered products, States, and efficiency 

advocates), as determined by DOE, may 

submit a joint recommendation to DOE 

for new or amended energy 

conservation standards. 

AHAM commented that the 

stakeholders who submitted the Joint 

Agreement are representative of a wide 

range of expert and relevant points of 

view—including manufacturers of 

various sizes representing nearly 100 

percent of the market for dishwashers; 

consumer, environmental, and 

efficiency advocacy groups; a utility; 

and several States that participated in 

the negotiation discussions and filed 

comments in support of the agreement. 

AHAM concluded that the April 2024 

Direct Final Rule benefits both the 

manufacturers and consumers that these 

organizations represent. (AHAM, No. 76 

at p. 3) 

DOE did not receive any adverse 

comments with regard to stakeholder 

representation. DOE reaffirms its 

determination that the Joint Agreement 

was submitted by interested persons 

that are fairly representative of relevant 

points of view. 

G. Conforming Updates to Test 

Procedure Introductory Notes 

The test procedures at appendix C1 

and appendix C2 contain introductory 

notes that specify the dates of 

applicability of each test procedure. 

Among other details, these introductory 

notes currently specify the following: 

• Since January 23, 2024, 

manufacturers must use results of 

testing under appendix C1 to determine 

compliance with the relevant standard 

from 10 CFR 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. 

The April 2024 Direct Final Rule 

codified the amended standards 

promulgated by the April 2024 Direct 

Final Rule at 10 CFR 430.32(f)(2). 

Accordingly, in this document, DOE 

updates the introductory notes to both 

appendices C1 and appendix C2 to 

specify that use of appendix C2 is 

required to demonstrate compliance 

with the amended standards codified at 

10 CFR 430.32(f)(2). 

IV. Impact of Any Lessening of 

Competition 

EPCA directs DOE to consider any 

lessening of competition that is likely to 

result from new or amended standards. 

(42 U.S.C. 6295(p)(4)(A)(i) and (C)(i)(II); 

42 U.S.C. 6295(o)(2)(B)(i)(V)) It also 

directs the Attorney General of the 

United States (‘‘Attorney General’’) to 

determine the impact, if any, of any 

lessening of competition likely to result 

from a proposed standard and to 

transmit such determination to the 

Secretary within 60 days of the 

publication of a proposed rule, together 

with an analysis of the nature and 

extent of the impact. (42 U.S.C. 

6295(o)(2)(B)(i)(V) and (B)(ii)) To assist 

the Attorney General in making this 

determination, DOE provided the 

Department of Justice (‘‘DOJ’’) with 

copies of the April 2024 Direct Final 

Rule, the corresponding NOPR, and the 

April 2024 Direct Final Rule Technical 

Support Document for review. DOE has 

published DOJ’s comments at the end of 

this document. 

In its letter responding to DOE, DOJ 

concluded that, based on its review, the 

direct final rule standards for 

dishwashers are unlikely to have 

significant adverse impact on 

competition. 

V. Conclusion 

In summary, based on the previous 

discussion, DOE has determined that 

the comments received in response to 

the direct final rule for new energy 

conservation standards for dishwashers 

do not provide a reasonable basis for 

withdrawal of the direct final rule. As 

a result, the energy conservation 

standards set forth in the direct final 

rule became effective on August 22, 

2024. Compliance with these standards 

is required on and after April 23, 2027. 

List of Subjects in 10 CFR Part 430 

Administrative practice and 

procedure, Confidential business 

information, Energy conservation, 

Household appliances, Imports, 

Intergovernmental relations, Reporting 

and recordkeeping requirements, and 

Small businesses. 

Signing Authority 

This document of the Department of 

Energy was signed on October 10, 2024, 

by Jeffrey Marootian, Principal Deputy 

Assistant Secretary for Energy Efficiency 

and Renewable Energy, pursuant to 

delegated authority from the Secretary 

of Energy. That document with the 

original signature and date is 

maintained by DOE. For administrative 

purposes only, and in compliance with 

requirements of the Office of the Federal 

Register, the undersigned DOE Federal 

Register Liaison Officer has been 

authorized to sign and submit the 

document in electronic format for 

publication, as an official document of 

the Department of Energy. This 

administrative process in no way alters 

the legal effect of this document upon 

publication in the Federal Register. 

Signed in Washington, DC, on October 10, 

2024. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

For the reasons set forth in the 

preamble, DOE amends part 430 of 

chapter II, subchapter D, of title 10 of 

the Code of Federal Regulations, to read 

as set forth below: 

PART 430—ENERGY CONSERVATION 

PROGRAM FOR CONSUMER 

PRODUCTS 

■ 1. The authority citation for part 430 

continues to read as follows: 

Authority: 42 U.S.C. 6291–6309; 28 U.S.C. 

2461 note. 


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Federal Register / Vol. 89, No. 201 / Thursday, October 17, 2024 / Rules and Regulations 83617 

■ 2. Amend appendix C1 to subpart B of 

part 430 by revising the introductory 

note to read as follows: 

Appendix C1 to Subpart B of Part 430— 

Uniform Test Method for Measuring the 

Energy Consumption of Dishwashers 

Note: Manufacturers must use the results of 

testing under this appendix to determine 

compliance with the relevant standards 

provided at § 430.32(f)(1). 

Manufacturers must use the results of 

testing under appendix C2 to this subpart to 

determine compliance with the amended 

standards for dishwashers provided at 

§ 430.32(f)(2). Manufacturers may use 

appendix C2 to certify compliance with the 

standards provided at § 430.32(f)(2) prior to 

the applicable compliance date for those 

standards. 

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 standards. 

The regulation at 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. 

* * * * * 

■ 3. Amend appendix C2 to subpart B of 

part 430 by revising the introductory 

note to read as follows: 

Appendix C2 to Subpart B of Part 430— 

Uniform Test Method for Measuring the 

Energy Consumption of Dishwashers 

Note: Manufacturers must use the results of 

testing under this appendix to determine 

compliance with the relevant standards 

provided at § 430.32(f)(2). Manufacturers may 

use this appendix to certify compliance with 

the standards provided at § 430.32(f)(2) prior 

to the applicable compliance date for those 

standards. 

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 standards. 

* * * * * 

Note: The following appendix will not 

appear in the Code of Federal Regulations. 

Appendix A 

June 21, 2024 

Ami Grace-Tardy 

Assistant General Counsel for Legislation, 

Regulation and Energy Efficiency 

U.S. Department of Energy 

Ami.Grace-Tardy@hq.doe.gov 

Re: Energy Conservation Standards for 

Dishwashers Docket EERE–2019–BT–STD– 

0039 

Dear Assistant General Counsel Grace-Tardy: 

I am responding to your April 24, 2024 

letter seeking the views of the Attorney 

General about the potential impact on 

competition of proposed energy conservation 

standards for dishwashers. 

Your request was submitted under Section 

325(o)(2)(B)(i)(V) of the Energy Policy and 

Conservation Act, as amended (EPCA), 42 

U.S.C. 6295(o)(2)(B)(i)(V) and 42 U.S.C. 

6316(a), which requires the Attorney General 

to make a determination of the impact of any 

lessening of competition that is likely to 

result from the imposition of proposed 

energy conservation standards. The Attorney 

General’s responsibility for responding to 

requests from other departments about the 

effect of a program on competition has been 

delegated to the Assistant Attorney General 

for the Antitrust Division in 28 CFR 0.40(g). 

The Assistant Attorney General for the 

Antitrust Division has authorized me, as the 

Policy Director for the Antitrust Division, to 

provide the Antitrust Division’s views 

regarding the potential impact on 

competition of proposed energy conservation 

standards on his behalf. 

In conducting its analysis, the Antitrust 

Division examines whether a proposed 

standard may lessen competition, for 

example, by substantially limiting consumer 

choice or increasing industry concentration. 

A lessening of competition could result in 

higher prices to manufacturers and 

consumers. 

We have studied in detail the Notice of 

Proposed Rulemaking regarding dishwashers, 

as well as the Technical Support Document 

(TSD) that accompanied it, both of which you 

transmitted to us under cover of your April 

24 letter. We also have reviewed the one 

public comment and reviewed the docket. 

Based on this review, our conclusion is 

that the proposed energy conservation 

standards for dishwashers are unlikely to 

have a significant adverse impact on 

competition. 

Sincerely, 

David G.B. Lawrence, 

Policy Director. 

[FR Doc. 2024–23908 Filed 10–16–24; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. FAA–2024–0988; Special 

Conditions No. 25–869–SC] 

Special Conditions: Northwest 

Aerospace Technologies, Inc (NAT), 

Boeing Model 787–9 Airplane; 

Installation of High Wall Suites 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions. 

SUMMARY: These special conditions are 

issued for the Boeing Model 787–9 

series airplanes. These airplanes, as 

modified by NAT, will have a novel or 

unusual design feature when compared 

to the state of technology envisioned in 

the airworthiness standards for 

transport category airplanes. This design 

feature is the installation of high wall 

suites in the passenger cabin. The 

applicable airworthiness regulations do 

not contain adequate or appropriate 

safety standards for this design feature. 

These special conditions contain the 

additional safety standards that the 

Administrator considers necessary to 

establish a level of safety equivalent to 

that established by the existing 

airworthiness standards. 

DATES: Effective October 17, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Artiom Kostiouk, Cabin Safety, AIR– 

624, Technical Policy Branch, Policy 

and Standards Division, Aircraft 

Certification Service, Federal Aviation 

Administration, 800 Independence Ave. 

SW, Washington, DC 20591; telephone 

and fax (202) 267–5446; email 

artiom.m.kostiouk@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

NAT has applied for an amended 

supplemental type certificate for the 

installation of suites in the passenger 

cabin in Boeing Model 787–9 series 

airplanes. The Boeing Model 787–9 

airplane, currently approved under 

Type Certificate No. T00021SE, is a 

twin-engine transport category airplane, 

with a maximum seating capacity for 

420 passengers, and a maximum take-off 

weight of 553,000 pounds. 

Type Certification Basis 

Under the provisions of 14 CFR 

21.101, NAT must show that the Boeing 

Model 787–9 airplane, as changed, 

continues to meet the applicable 

provisions of the regulations listed in 

Type Certificate No. T00021SE or the 

applicable regulations in effect on the 

date of application for the change, 

except for earlier amendments as agreed 

upon by the FAA. 

If the Administrator finds that the 

applicable airworthiness regulations 

(i.e.,14 CFR part 25) do not contain 

adequate or appropriate safety standards 

for the Boeing Model 787–9 airplane 

because of a novel or unusual design 

feature, special conditions are 

prescribed under the provisions of 

§ 21.16. 

Special conditions are initially 

applicable to the model for which they 

are issued. Should the applicant apply 

for a supplemental type certificate to 

modify any other model included on the 

same type certificate to incorporate the 

same novel or unusual design feature, 

these special conditions would also 

apply to the other model under § 21.101. 

In addition to the applicable 

airworthiness regulations and special 


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