[Federal Register Volume 89, Number 201 (Thursday, October 17, 2024)]
[Rules and Regulations]
[Pages 83611-83617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23908]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

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. 

========================================================================


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

[[Page 83611]]



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/EERE-2019-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: 
<a href="/cdn-cgi/l/email-protection#edac9d9d81848c838e88be998c83898c9f899ebc98889e998482839ead8888c3898288c38a829b"><span class="__cf_email__" data-cfemail="de9faeaeb2b7bfb0bdbb8daabfb0babfacbaad8fabbbadaab7b1b0ad9ebbbbf0bab1bbf0b9b1a8">[email protected]</span></a>.

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: <a href="/cdn-cgi/l/email-protection#2c6d5c5c40454d424f497f584d42484d5e485f7d59495f584543425f6c494902484349024b435a"><span class="__cf_email__" data-cfemail="a3e2d3d3cfcac2cdc0c6f0d7c2cdc7c2d1c7d0f2d6c6d0d7cacccdd0e3c6c68dc7ccc68dc4ccd5">[email protected]</span></a>.
    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: <a href="/cdn-cgi/l/email-protection#dfb4b6beb1bef1bbbea89fb7aef1bbb0baf1b8b0a9"><span class="__cf_email__" data-cfemail="6d06040c030c43090c1a2d051c43090208430a021b">[email protected]</span></a>.

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))
---------------------------------------------------------------------------

    \1\ All references to EPCA in this document refer to the statute 
as amended through the Energy Act of 2020, Public Law 116-260 (Dec. 
27, 2020), which reflect the last statutory amendments that impact 
Parts A and A-1 of EPCA.
---------------------------------------------------------------------------

    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.)

[[Page 83612]]

    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\
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    \2\ The 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; Sub-Zero Group, Inc.; The Middleby Corporation; U-Line 
Corporation; Viking Range, LLC; and Whirlpool Corporation.
    \3\ The Joint Agreement contained recommendations for six 
covered products: refrigerators, refrigerator-freezers, and 
freezers; clothes washers; clothes dryers; dishwashers; cooking 
products; and miscellaneous refrigeration products.
    \4\ The Joint Agreement is available in the docket at: 
www.regulations.gov/comment/EERE-2019-BT-STD-0039-0055.

                  Table II.1--Recommended Amended Energy Conservation Standards for Dishwashers
----------------------------------------------------------------------------------------------------------------
                                            Maximum  estimated   Maximum per-cycle
               Product class                 annual energy use   water consumption         Compliance date
                                                (kWh/year)          (gal/cycle)
----------------------------------------------------------------------------------------------------------------
Standard-Size Dishwasher (>=8 place                        223                 3.3  3 years after publication of
 settings plus 6 serving pieces).                                                    the direct final rule.
Compact-Size Dishwasher (<8 place settings                 174                 3.1
 plus 6 serving pieces).
----------------------------------------------------------------------------------------------------------------

    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.

[[Page 83613]]



    Table II.2--Amended Energy Conservation Standards for Dishwashers
                  [Compliance Starting April 23, 2027]
------------------------------------------------------------------------
                                   Estimated annual     Per-cycle water
          Product class            energy use (kWh/    consumption (gal/
                                         year)              cycle)
------------------------------------------------------------------------
Standard-size \1\ (>=8 place                     223                 3.3
 settings plus 6 serving pieces)
 \2\............................
Compact-size (<8 place settings                  174                 3.1
 plus 6 serving pieces) \2\.....
------------------------------------------------------------------------
\1\ The 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.
\2\ Place settings are as specified in AHAM DW-1-2020 (which is
  incorporated by reference, see Sec.   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\
---------------------------------------------------------------------------

    \5\ Table III.1 excludes one comment received from Clean Future 
that is not directly related to this rulemaking.

    Table III.1--List of Commenters With Written Submissions in Response to the April 2024 Direct Final Rule
----------------------------------------------------------------------------------------------------------------
                                                                 Comment
          Commenter(s)                    Abbreviation          number in              Commenter type
                                                                the docket
----------------------------------------------------------------------------------------------------------------
Association of Home Appliance     AHAM.......................           76  Trade Association.
 Manufacturers.
Appliance Standards Awareness     ASAP et al.................           74  Advocacy Organizations.
 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.
Consumer Federation of America,   CFA et al..................           75  Advocacy Organizations.
 Consumer Reports, Green Energy
 Consumers Alliance, National
 Consumer Law Center, and U.S.
 Public Interest Research Group.
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.
---------------------------------------------------------------------------

    \6\ The 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).
---------------------------------------------------------------------------

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 low-income consumers, new Energy 
Information Administration's (``EIA's'')

[[Page 83614]]

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 
forward-looking 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)

[[Page 83615]]

    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-low-income 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 low-income households, are often unable to 
choose their dishwasher yet must pay the utility bills, creating a 
split-incentive 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)
---------------------------------------------------------------------------

    \7\ ENERGY 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. 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)

[[Page 83616]]

    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:
    <bullet> 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.
    <bullet> 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

0
1. The authority citation for part 430 continues to read as follows:

    Authority:  42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.


[[Page 83617]]



0
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 Sec.  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 Sec.  430.32(f)(2). Manufacturers may 
use appendix C2 to certify compliance with the standards provided at 
Sec.  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.
* * * * *

0
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 Sec.  430.32(f)(2). Manufacturers may use this appendix 
to certify compliance with the standards provided at Sec.  
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
<a href="/cdn-cgi/l/email-protection#a9e8c4c087eedbc8cacc84fdc8dbcdd0e9c1d887cdc6cc87cec6df"><span class="__cf_email__" data-cfemail="33725e5a1d74415250561e675241574a735b421d575c561d545c45">[email protected]</span></a>

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


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