This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

3450 

Vol. 87, No. 15 

Monday, January 24, 2022 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[EERE–2019–BT–STD–0039] 

RIN 1904–AE32 

Energy Conservation Program: Energy 

Conservation Standards for 

Dishwashers, Webinar and Availability 

of the Preliminary Technical Support 

Document 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notification of a webinar and 

availability of preliminary technical 

support document. 

SUMMARY: The U.S. Department of 

Energy (‘‘DOE’’ or ‘‘the Department’’) 

will hold a webinar to discuss and 

receive comments on the preliminary 

analysis it has conducted for purposes 

of evaluating energy conservation 

standards for dishwashers. The webinar 

will cover the analytical framework, 

models, and tools that DOE is using to 

evaluate potential standards for this 

product; the results of preliminary 

analyses performed by DOE for this 

product; the potential energy 

conservation standard levels derived 

from these analyses that DOE could 

consider for this product should it 

determine that proposed amendments 

are necessary; and any other issues 

relevant to the evaluation of energy 

conservation standards for dishwashers. 

In addition, DOE encourages written 

comments on these subjects. To inform 

interested parties and to facilitate this 

process, DOE has prepared an agenda, a 

preliminary technical support document 

(‘‘TSD’’), and briefing materials, which 

are available on the DOE website at: 

www1.eere.energy.gov/buildings/ 

appliance_standards/standards.aspx?

productid=38&action=viewlive. 

DATES: Meeting: DOE will hold a 

webinar on Tuesday, February 22, 2022, 

from 12:30 p.m. to 4:30 p.m. See section 

IV, ‘‘Public Participation,’’ for webinar 

registration information, participant 

instructions and information about the 

capabilities available to webinar 

participants. 

Comments: Written comments and 

information will be accepted on or 

before, March 25, 2022. 

ADDRESSES: Interested persons are 

encouraged to submit comments using 

the Federal eRulemaking Portal at 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Alternatively, interested persons may 

submit comments, identified by docket 

number EERE–2019–BT–STD–0039, by 

any of the following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the 

instructions for submitting comments. 

2. Email: To 

Dishwashers2019STD0039@ee.doe.gov. 

Include docket number EERE–2019–BT– 

STD–0039 in the subject line of the 

message. 

No telefacsimiles (‘‘faxes’’) will be 

accepted. For detailed instructions on 

submitting comments and additional 

information on this process, see section 

IV of this document. 

Although DOE has routinely accepted 

public comment submissions through a 

variety of mechanisms, including postal 

mail and hand delivery/courier, the 

Department has found it necessary to 

make temporary modifications to the 

comment submission process in light of 

the ongoing corona virus 2019 

(‘‘COVID–19’’) pandemic. DOE is 

currently suspending receipt of public 

comments via postal mail and hand 

delivery/courier. If a commenter finds 

that this change poses an undue 

hardship, please contact Appliance 

Standards Program staff at (202) 586– 

1445 to discuss the need for alternative 

arrangements. Once the COVID–19 

pandemic health emergency is resolved, 

DOE anticipates resuming all of its 

regular options for public comment 

submission, including postal mail and 

hand delivery/courier. 

Docket: The docket for this activity, 

which includes Federal Register 

notices, comments, public meeting 

transcripts, 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, some documents listed in the 

index, such as those containing 

information that is exempt from public 

disclosure, may not be publicly 

available. 

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. See section IV 

for information on how to submit 

comments through 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Bryan Berringer, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies, EE–5B, 1000 

Independence Avenue SW, Washington, 

DC 20585–0121. Email: 

ApplianceStandardsQuestions@

ee.doe.gov. 

Ms. Amelia Whiting, U.S. Department 

of Energy, Office of the General Counsel, 

GC–33, 1000 Independence Avenue SW, 

Washington, DC 20585–0121. 

Telephone: (202) 586–2588. Email: 

amelia.whiting@hq.doe.gov. 

For further information on how to 

submit a comment, 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. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction 

A. Authority 

B. Rulemaking Process 

C. Deviation From Appendix A 

II. Background 

A. Current Standards 

B. Current Process 

III. Summary of the Analyses Performed by 

DOE 

A. Market and Technology Assessment 

B. Screening Analysis 

C. Engineering Analysis 

D. Markups Analysis 

E. Energy and Water Use Analysis 

F. Life-Cycle Cost and Payback Period 

Analyses 

G. National Impact Analysis 

IV. Public Participation 

A. Participation in the Webinar 

B. Procedure for Submitting Prepared 

General Statements for Distribution 

C. Conduct of the Webinar 

D. Submission of Comments 

V. Approval of the Office of the Secretary 


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Federal Register / Vol. 87, No. 15 / Monday, January 24, 2022 / Proposed Rules 3451 

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). 

2For editorial reasons, upon codification in the 

U.S. Code, Part B was redesignated Part A. 

3See 86 FR 70892, 70901 (Dec. 13, 2021). 

I. Introduction 

A. Authority 

The Energy Policy and Conservation 

Act, as amended (‘‘EPCA’’),1 authorizes 

DOE to regulate the energy efficiency of 

a number of consumer products and 

certain industrial equipment. (42 U.S.C. 

6291–6317) Title III, Part B 2 of EPCA 

established the Energy Conservation 

Program for Consumer Products Other 

Than Automobiles. These products 

include dishwashers, the subject of this 

document. (42 U.S.C. 6292(a)(6)) 

EPCA prescribed energy conservation 

standards for these products (42 U.S.C. 

6295(g)(1) and 10(A)), and directs DOE 

to conduct future rulemakings to 

determine whether to amend these 

standards. (42 U.S.C. 6295(g)(4)) EPCA 

further provides that, not later than 6 

years after the issuance of any final rule 

establishing or amending a standard, 

DOE must publish either a notification 

of determination that standards for the 

product do not need to be amended, or 

a notice of proposed rulemaking 

(‘‘NOPR’’) including new proposed 

energy conservation standards 

(proceeding to a final rule, as 

appropriate). (42 U.S.C. 6295(m)(1)) Not 

later than three years after issuance of 

a final determination not to amend 

standards, DOE must publish either a 

notice of determination that standards 

for the product do not need to be 

amended, or a NOPR including new 

proposed energy conservation standards 

(proceeding to a final rule, as 

appropriate). (42 U.S.C. 6295(m)(3)(B)) 

Under EPCA, any new or amended 

energy conservation standard must be 

designed to achieve the maximum 

improvement in energy efficiency that 

DOE determines is technologically 

feasible and economically justified. (42 

U.S.C. 6295(o)(2)(A)) Furthermore, the 

new or amended standard must result in 

a significant conservation of energy. (42 

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

DOE is publishing this Preliminary 

Analysis to collect data and information 

to inform its decision consistent with its 

obligations under EPCA. 

B. Rulemaking Process 

DOE must follow specific statutory 

criteria for prescribing new or amended 

standards for covered products, 

including dishwashers. As noted, EPCA 

requires that any new or amended 

energy conservation standard prescribed 

by the Secretary of Energy (‘‘Secretary’’) 

be designed to achieve the maximum 

improvement in energy efficiency (or 

water efficiency for certain products 

specified by EPCA) that is 

technologically feasible and 

economically justified. (42 U.S.C. 

6295(o)(2)(A)) Furthermore, DOE may 

not adopt any standard that would not 

result in the significant conservation of 

energy. (42 U.S.C. 6295(o)(3)) The 

Secretary may not prescribe an amended 

or new standard that will not result in 

significant conservation of energy, or is 

not technologically feasible or 

economically justified. (42 U.S.C. 

6295(o)(3)) 

To adopt any new or amended 

standards for a covered product, DOE 

must determine that such action would 

result in significant energy savings. (42 

U.S.C. 6295(o)(3)(B)) The significance of 

energy savings offered by a new or 

amended energy conservation standard 

cannot be determined without 

knowledge of the specific circumstances 

surrounding a given rulemaking.3 For 

example, the United States rejoined the 

Paris Agreement on February 19, 2021. 

As part of that agreement, the United 

States has committed to reducing 

greenhouse gas (‘‘GHG’’) emissions in 

order to limit the rise in mean global 

temperature. As such, energy savings 

that reduce GHG emission have taken 

on greater importance. Additionally, 

some covered products and equipment 

have most of their energy consumption 

occur during periods of peak energy 

demand. The impacts of these products 

on the energy infrastructure can be more 

pronounced than products with 

relatively constant demand. In 

evaluating the significance of energy 

savings, DOE considers differences in 

primary energy and full-fuel-cycle 

(‘‘FFC’’) effects for different covered 

products and equipment when 

determining whether energy savings are 

significant. Primary energy and FFC 

effects include the energy consumed in 

electricity production (depending on 

load shape), in distribution and 

transmission, and in extracting, 

processing, and transporting primary 

fuels (i.e., coal, natural gas, petroleum 

fuels), and thus present a more complete 

picture of the impacts of energy 

conservation standards. 

Accordingly, DOE evaluates the 

significance of energy savings on a caseby-case basis. DOE estimates a 

combined total of 0.68 quads of FFC 

energy savings at the max-tech 

efficiency levels for dishwashers. This 

represents 7.6 percent energy savings 

relative to the no-new-standards case 

energy consumption for dishwashers. 

DOE has initially determined the energy 

savings for the candidate standard levels 

considered in this preliminary analysis 

are ‘‘significant’’ within the meaning of 

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

To determine whether a standard is 

economically justified, EPCA requires 

that DOE determine whether the 

benefits of the standard exceed its 

burdens by considering, to the greatest 

extent practicable, the following seven 

factors: 

(1) The economic impact of the standard 

on the 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 of, or 

in the initial charges for, or maintenance 

expenses of, 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 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 of Energy 

(Secretary) considers relevant. (42 U.S.C. 

6295(o)(2)(B)(i)(I)–(VII)). 

DOE fulfills these and other 

applicable requirements by conducting 

a series of analyses throughout the 

rulemaking process. Table I.1 shows the 

individual analyses that are performed 

to satisfy each of the requirements 

within EPCA. 

TABLE I.1—EPCA REQUIREMENTS AND CORRESPONDING DOE ANALYSIS

EPCA requirement Corresponding DOE analysis 

Significant Energy Savings ....................................................................... • Shipments Analysis. 

• National Impact Analysis. 

• Energy and Water Use Analysis. 


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3452 Federal Register / Vol. 87, No. 15 / Monday, January 24, 2022 / Proposed Rules 

TABLE I.1—EPCA REQUIREMENTS AND CORRESPONDING DOE ANALYSIS—Continued 

EPCA requirement Corresponding DOE analysis 

Technological Feasibility .......................................................................... • Market and Technology Assessment. 

• Screening Analysis. 

• Engineering Analysis. 

Economic Justification: 

1. Economic impact on manufacturers and consumers ................... • Manufacturer Impact Analysis. 

• Life-Cycle Cost and Payback Period Analysis. 

• Life-Cycle Cost Subgroup Analysis. 

• Shipments Analysis. 

2. Lifetime operating cost savings compared to increased cost for 

the product.

• Markups for Product Price Analysis. 

• Energy and Water Use Analysis. 

• Life-Cycle Cost and Payback Period Analysis. 

3. Total projected energy savings ..................................................... • Shipments Analysis. 

• National Impact Analysis. 

4. Impact on utility or performance ................................................... • Screening Analysis. 

• Engineering Analysis. 

5. Impact of any lessening of competition ........................................ • Manufacturer Impact Analysis. 

6. Need for national energy and water conservation ........................ • Shipments Analysis. 

• National Impact Analysis. 

7. Other factors the Secretary considers relevant ............................ • Employment Impact Analysis. 

• Utility Impact Analysis. 

• Emissions Analysis. 

• Monetization of Emission Reductions Benefits. 

• Regulatory Impact Analysis. 

Further, EPCA establishes a rebuttable 

presumption that a standard is 

economically justified if the Secretary 

finds that the additional cost to the 

consumer of purchasing a product 

complying with an energy conservation 

standard level will be less than three 

times the value of the energy savings 

during the first year that the consumer 

will receive as a result of the standard, 

as calculated under the applicable test 

procedure. (42 U.S.C. 6295(o)(2)(B)(iii)) 

EPCA also contains what is known as 

an ‘‘anti-backsliding’’ provision, which 

prevents the Secretary from prescribing 

any amended standard that either 

increases the maximum allowable 

energy use or decreases the minimum 

required energy efficiency of a covered 

product. (42 U.S.C. 6295(o)(1)) Also, 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)) 

Additionally, EPCA specifies 

requirements when promulgating an 

energy conservation standard for a 

covered product that has two or more 

subcategories. DOE must specify a 

different standard level for a type or 

class of product that has the same 

function or intended use, if DOE 

determines that products within such 

group: (A) Consume a different kind of 

energy from that consumed by other 

covered products within such type (or 

class); or (B) have a capacity or other 

performance-related feature which other 

products within such type (or class) do 

not have and such feature justifies a 

higher or lower standard. (42 U.S.C. 

6295(q)(1)) In determining whether a 

performance-related feature justifies a 

different standard for a group of 

products, DOE must consider such 

factors as the utility to the consumer of 

the feature and other factors DOE deems 

appropriate. Id. Any rule prescribing 

such a standard must include an 

explanation of the basis on which such 

higher or lower level was established. 

(42 U.S.C. 6295(q)(2)) 

Finally, pursuant to the amendments 

contained in the Energy Independence 

and Security Act of 2007 (‘‘EISA 2007’’), 

Public Law 110–140, any final rule for 

new or amended energy conservation 

standards promulgated after July 1, 

2010, is required to address standby 

mode and off mode energy use. (42 

U.S.C. 6295(gg)(3)) Specifically, when 

DOE adopts a standard for a covered 

product after that date, it must, if 

justified by the criteria for adoption of 

standards under EPCA (42 U.S.C. 

6295(o)), incorporate standby mode and 

off mode energy use into a single 

standard, or, if that is not feasible, adopt 

a separate standard for such energy use 

for that product. (42 U.S.C. 

6295(gg)(3)(A)–(B)) DOE’s current test 

procedures for dishwashers address 

standby mode and off mode energy use. 

In this document, DOE intends to 

incorporate such energy use into any 

amended energy conservation standards 

it adopts in the final rule. 

Before proposing a standard, DOE 

typically seeks public input on the 

analytical framework, models, and tools 

that DOE intends to use to evaluate 

standards for the product at issue and 

the results of preliminary analyses DOE 

performed for the product. 

DOE is examining whether to amend 

the current standards pursuant to its 

obligations under EPCA. This 

notification announces the availability 

of the preliminary TSD, which details 

the preliminary analyses and 

summarizes the preliminary results of 

DOE’s analyses. In addition, DOE is 

announcing a public webinar to solicit 

feedback from interested parties on its 

analytical framework, models, and 

preliminary results. 

C. Deviation From Appendix A 

In accordance with section 3(a) of 10 

CFR part 430, subpart C, appendix A 

(‘‘appendix A’’), DOE notes that it is 

deviating from the provision in 

appendix A regarding the pre-NOPR 

stages for an energy conservation 

standards rulemaking. Section 6(a)(2) of 

appendix A states that if the Department 

determines it is appropriate to proceed 

with a rulemaking, the preliminary 

stages of a rulemaking to issue or amend 

an energy conservation standard that 

DOE will undertake will be a framework 

document and preliminary analysis, or 

an advance notice of proposed 

rulemaking (‘‘ANOPR’’). DOE is opting 

to deviate from this step by publishing 

a preliminary analysis without a 


jspears on DSK121TN23PROD with PROPOSALS1
Federal Register / Vol. 87, No. 15 / Monday, January 24, 2022 / Proposed Rules 3453 

4Energy Conservation Program: Product Classes 

for Residential Dishwashers, Residential Clothes 

Washers, and Consumer Clothes Dryers. https://

www.energy.gov/sites/default/files/2022-01/shortcycle-product-class-fr.pdf. 

framework document. A framework 

document is intended to introduce and 

summarize generally the various 

analyses DOE conducts during the 

rulemaking process and requests initial 

feedback from interested parties. As 

discussed further in the following 

section, prior to this notification of the 

preliminary analysis, DOE issued an 

early assessment request for information 

(‘‘RFI’’) in which DOE discussed the 

most recent energy conservation 

standards rulemaking (81 FR 90072; 

December 13, 2016 (the ‘‘December 2016 

Final Determination’’)). 85 FR 64981 

(Oct. 14, 2020) (the ‘‘October 2020 Early 

Assessment RFI’’). In the October 2020 

Early Assessment RFI, DOE also 

requested comment on whether there 

were changes to the technologies 

considered as part of the December 2016 

Final Determination that would affect 

whether DOE could propose a ‘‘no-new 

standards determination’’ and on any 

aspect of its economic justification 

analysis. 85 FR 64981, 64983. DOE 

provided a 75-day comment period for 

the October 2020 Early Assessment RFI. 

85 FR 64981. While DOE received 

comments on the assumptions 

employed in the analysis conducted in 

support of the December 2016 Final 

Determination (see e.g., comment from 

the Association of Home Appliance 

Manufacturers, Docket EERE–2019–BT– 

STD–0039, No. 6 at pp. 8–9), DOE did 

not receive comments or data suggesting 

DOE rely on a different analytical 

framework to that conducted for the 

December 2016 Final Determination. As 

DOE is intending to rely on 

substantively the same analytical 

methods as in the most recent 

rulemaking, publication of a framework 

document would not introduce an 

analytical framework different from that 

on which comment was requested in the 

early assessment RFI and on which 

comment was received. As such, DOE is 

not publishing a framework document. 

Section 6(d)(2) of appendix A 

specifies that the length of the public 

comment period for pre-NOPR 

rulemaking documents will vary 

depending upon the circumstances of 

the particular rulemaking, but will not 

be less than 75 calendar days. For this 

preliminary analysis, DOE has opted to 

instead provide a 60-day comment 

period. As stated, DOE requested 

comment in the October 2020 Early 

Assessment RFI on the analysis 

conducted in support of the December 

2016 Final Determination and provided 

stakeholders a 75-day comment period. 

For this preliminary analysis, DOE has 

relied on substantively the same 

analytical framework as used in the 

previous rulemaking. As stated, DOE 

did not receive comments in response to 

the October 2020 Early Assessment RFI 

suggesting a change to DOE’s approach. 

Given that DOE is relying on 

substantively the same analytical 

approach as conducted for the 

December 2016 Final Determination, 

DOE has determined that a 60-day 

comment period in conjunction with the 

prior 75-day comment period provides 

sufficient time for interested parties to 

review the tentative methodologies and 

the preliminary analysis, and develop 

comments. 

II. Background 

A. Current Standards 

In a direct final rule published on 

May 30, 2012 (‘‘May 2012 Direct Final 

Rule’’), DOE prescribed the current 

energy conservation standards for 

dishwashers manufactured on and after 

May 30, 2013. 77 FR 31918. In the 

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. The current 

energy and water conservation 

standards are located in 10 CFR part 

430, § 430.32(f), and are repeated in 

Table II.1. The currently applicable DOE 

test procedure for dishwashers appears 

at 10 CFR part 430 subpart B, appendix 

C1 (‘‘Appendix C1’’). 

TABLE II.1—FEDERAL ENERGY CONSERVATION STANDARDS FOR DISHWASHERS

Dishwasher classification 

Maximum annual 

energy use * 

(kWh/year) 

Maximum 

per-cycle water 

consumption 

(gallons/cycle) 

Standard Dishwasher .................................................................................................................................. 307 5.0 

Compact Dishwasher ................................................................................................................................... 222 3.5 

* Using 215 annual cycles. 

On October 30, 2020, DOE published 

a final rule establishing a separate 

product class for standard-size 

dishwashers with a cycle time for the 

‘‘normal’’ cycle of less than one hour 

(i.e., 60 minutes) from washing through 

drying. 85 FR 68723. Subsequently, on 

August 11, 2021, DOE published a 

NOPR proposing to revoke the final rule 

that established the new product class 

for dishwashers. 86 FR 43970. On 

January 11, 2022, DOE issued a final 

rule revoking the final rule that 

established a new product class for 

dishwashers.4 Accordingly, DOE 

addressed only the two current product 

classes for dishwashers as part of the 

present evaluation. 

B. Current Process 

In the October 2020 Early Assessment 

RFI, DOE stated that it was initiating an 

early assessment review to determine 

whether any new or amended standards 

would satisfy the relevant requirements 

of EPCA for a new or amended energy 

conservation standard for dishwashers. 

85 FR 64981. Specifically, DOE sought 

data and information that could enable 

the agency to determine whether DOE 

should propose a ‘‘no new standard’’ 

determination because a more stringent 

standard: (1) Would not result in a 

significant savings of energy; (2) is not 

technologically feasible; (3) is not 

economically justified; or (4) any 

combination of foregoing. Id. 

Comments received to date as part of 

the current process have helped DOE 

identify and resolve issues related to the 

preliminary analyses. Chapter 2 of the 

preliminary TSD summarizes and 

addresses the comments received. 

III. Summary of the Analyses 

Performed by DOE 

For the products covered in this 

preliminary analysis, DOE conducted 

in-depth technical analyses in the 

following areas: (1) Engineering; (2) 

markups to determine product price; (3) 

energy use; (4) life-cycle cost (‘‘LCC’’) 

and payback period (‘‘PBP’’); and (5) 

national impacts. The preliminary TSD 

that presents the methodology and 


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3454 Federal Register / Vol. 87, No. 15 / Monday, January 24, 2022 / Proposed Rules 

5Because the projected price of standardscompliant products is typically higher than the 

price of baseline products, using the same markup 

for the incremental cost and the baseline cost would 

result in higher per-unit operating profit. While 

such an outcome is possible, DOE maintains that in 

markets that are reasonably competitive it is 

unlikely that standards would lead to a sustainable 

increase in profitability in the long run. 

results of each of these analyses is 

available at www1.eere.energy.gov/ 

buildings/appliance_standards/ 

standards.aspx?productid=38&action=

viewlive. 

DOE also conducted, and has 

included in the preliminary TSD, 

several other analyses that support the 

major analyses or are preliminary 

analyses that will be expanded if DOE 

determines that a NOPR is warranted to 

propose amended energy conservation 

standards. These analyses include: (1) 

The market and technology assessment; 

(2) the screening analysis, which 

contributes to the engineering analysis; 

and (3) the shipments analysis, which 

contributes to the LCC and PBP analysis 

and the national impact analysis 

(‘‘NIA’’). In addition to these analyses, 

DOE has begun preliminary work on the 

manufacturer impact analysis and has 

identified the methods to be used for the 

consumer subgroup analysis, the 

emissions analysis, the employment 

impact analysis, the regulatory impact 

analysis, and the utility impact analysis. 

DOE will expand on these analyses in 

the NOPR should one be issued. 

A. Market and Technology Assessment 

DOE develops information in the 

market and technology assessment that 

provides an overall picture of the 

market for the products concerned, 

including general characteristics of the 

products, the industry structure, 

manufacturers, market characteristics, 

and technologies used in the products. 

This activity includes both quantitative 

and qualitative assessments, based 

primarily on publicly available 

information. The subjects addressed in 

the market and technology assessment 

include: (1) A determination of the 

scope of the rulemaking and product 

classes, (2) manufacturers and industry 

structure, (3) existing efficiency 

programs, (4) shipments information, (5) 

market and industry trends, and (6) 

technologies or design options that 

could improve the energy efficiency of 

the product. 

See chapter 3 of the preliminary TSD 

for further discussion of the market and 

technology assessment. 

B. Screening Analysis 

DOE uses the following five screening 

criteria to determine which technology 

options are suitable for further 

consideration in an energy conservation 

standards rulemaking: 

(1) Technological feasibility. 

Technologies that are not incorporated 

in commercial products or in working 

prototypes will not be considered 

further. 

(2) Practicability to manufacture, 

install, and service. If it is determined 

that mass production and reliable 

installation and servicing of a 

technology in commercial products 

could not be achieved on the scale 

necessary to serve the relevant market at 

the time of the projected compliance 

date of the standard, then that 

technology will not be considered 

further. 

(3) Impacts on product utility or 

product availability. If it is determined 

that a technology would have a 

significant adverse impact on the utility 

of the product for significant subgroups 

of consumers or would result in the 

unavailability of any covered product 

type with performance characteristics 

(including reliability), features, sizes, 

capacities, and volumes that are 

substantially the same as products 

generally available in the United States 

at the time, it will not be considered 

further. 

(4) Adverse impacts on health or 

safety. If it is determined that a 

technology would have significant 

adverse impacts on health or safety, it 

will not be considered further. 

(5) Unique-pathway proprietary 

technologies. If a design option utilizes 

proprietary technology that represents a 

unique pathway to achieving a given 

efficiency level, that technology will not 

be considered further due to the 

potential for monopolistic concerns. 10 

CFR part 430, subpart C, appendix A, 

6(b)(3) and 7(b). 

If DOE determines that a technology, 

or a combination of technologies, fails to 

meet one or more of the listed five 

criteria, it will be excluded from further 

consideration in the engineering 

analysis. 

See chapter 4 of the preliminary TSD 

for further discussion of the screening 

analysis. 

C. Engineering Analysis 

The purpose of the engineering 

analysis is to establish the relationship 

between the efficiency and cost of 

dishwashers. There are two elements to 

consider in the engineering analysis; the 

selection of efficiency levels to analyze 

(i.e., the ‘‘efficiency analysis’’) and the 

determination of product cost at each 

efficiency level (i.e., the ‘‘cost 

analysis’’). In determining the 

performance of higher-efficiency 

products, DOE considers technologies 

and design option combinations not 

eliminated by the screening analysis. 

For each product class, DOE estimates 

the manufacturer production cost 

(‘‘MPC’’) for the baseline as well as 

higher efficiency levels. The output of 

the engineering analysis is a set of costefficiency ‘‘curves’’ that are used in 

downstream analyses (i.e., the LCC and 

PBP analyses and the NIA). 

DOE converts the MPC to the 

manufacturer selling price (‘‘MSP’’) by 

applying a manufacturer markup. The 

MSP is the price the manufacturer 

charges its first customer, when selling 

into the dishwasher distribution 

channels. The manufacturer markup 

accounts for manufacturer nonproduction costs and profit margin. DOE 

developed the manufacturer markup by 

examining publicly available financial 

information for manufacturers of the 

covered product. 

See chapter 5 of the preliminary TSD 

for additional detail on the engineering 

analysis and chapter 12 of the 

preliminary TSD for additional detail on 

the manufacturer markup. 

D. Markups Analysis 

The markups analysis develops 

appropriate markups (e.g., retailer 

markups, distributor markups, 

contractor markups) in the distribution 

chain and sales taxes to convert MSP 

estimates derived in the engineering 

analysis to consumer prices, which are 

then used in the LCC and PBP analysis. 

At each step in the distribution channel, 

companies mark up the price of the 

product to cover business costs and 

profit margin. 

DOE developed baseline and 

incremental markups for each actor in 

the distribution chain. Baseline 

markups are applied to the price of 

products with baseline efficiency, while 

incremental markups are applied to the 

difference in price between baseline and 

higher-efficiency models (the 

incremental cost increase). The 

incremental markup is typically less 

than the baseline markup and is 

designed to maintain similar per-unit 

operating profit before and after new or 

amended standards.5

Chapter 6 of the preliminary TSD 

provides details on DOE’s development 

of markups for dishwashers. 

E. Energy and Water Use Analysis 

The purpose of the energy and water 

use analysis is to determine the annual 

energy consumption of dishwashers at 

different efficiencies in representative 

U.S. single-family homes, multi-family 

residences, and mobile homes, and to 

assess the energy and water savings 


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6The NIA accounts for impacts in the 50 states. 

potential of increased dishwasher 

efficiency. The energy and water use 

analysis estimates the range of energy 

and water use of dishwashers in the 

field (i.e., as they are actually used by 

consumers). The energy and water use 

analysis provides the basis for other 

analyses DOE performed, particularly 

assessments of the energy savings and 

the savings in consumer operating costs 

that could result from adoption of 

amended or new standards. 

Chapter 7 of the preliminary TSD 

addresses the energy and water use 

analysis. 

F. Life-Cycle Cost and Payback Period 

Analyses 

The effect of new or amended energy 

conservation standards on individual 

consumers usually involves a reduction 

in operating cost and an increase in 

purchase cost. DOE used the following 

two metrics to measure consumer 

impacts: 

• The LCC is the total consumer 

expense of an appliance or product over 

the life of that product, consisting of 

total installed cost (MSP, distribution 

chain markups, sales tax, and 

installation costs) plus operating costs 

(expenses for energy and water use, 

maintenance, and repair). To compute 

the operating costs, DOE discounts 

future operating costs to the time of 

purchase and sums them over the 

lifetime of the product. 

• The PBP is the estimated amount of 

time (in years) it takes consumers to 

recover the increased purchase cost 

(including installation) of a moreefficient product through lower 

operating costs. DOE calculates the PBP 

by dividing the change in purchase cost 

at higher efficiency levels by the change 

in annual operating cost for the year that 

the amended or new standards are 

assumed to take effect. 

Chapter 8 of the preliminary TSD 

addresses the LCC and PBP analyses. 

G. National Impact Analysis 

The NIA estimates the national energy 

savings (‘‘NES’’) and the net present 

value (‘‘NPV’’) of total consumer costs 

and savings expected to result from 

dishwasher standards at specific 

efficiency levels (referred to as 

candidate standard levels).6 DOE 

calculates the NES and NPV for the 

potential standard levels considered 

based on projections of annual product 

shipments, along with the annual 

energy consumption and total installed 

cost data from the energy use and LCC 

analyses. For the present analysis, DOE 

projected the energy savings, operating 

cost savings, product costs, and NPV of 

consumer benefits over the lifetime of 

dishwashers sold from 2027 through 

2056. 

DOE evaluates the impacts of new or 

amended standards by comparing a case 

without such standards (‘‘no-newstandards case’’) with standards-case 

projections. The no-new-standards case 

characterizes energy and water use and 

consumer costs for each product class in 

the absence of new or amended energy 

conservation standards. For this 

projection, DOE considers historical 

trends in efficiency and various forces 

that are likely to affect the mix of 

efficiencies over time. DOE compares 

the no-new-standards case with 

projections characterizing the market for 

each dishwasher product class if DOE 

adopted new or amended standards at 

specific efficiency levels for that class. 

For each efficiency level, DOE considers 

how a given standard would likely 

affect the market shares of dishwashers 

with efficiencies greater than the 

standard. 

DOE uses a spreadsheet model to 

calculate the energy savings and the 

national consumer costs and savings 

from each efficiency level. Interested 

parties can review DOE’s analyses by 

changing various input quantities 

within the spreadsheet. The NIA 

spreadsheet model uses typical values 

(as opposed to probability distributions) 

as inputs. Critical inputs to this analysis 

include shipments projections, 

estimated product lifetimes, product 

installed costs and operating costs, 

product annual energy and water 

consumption, the no-new-standards 

case and standards case efficiency 

projections, and discount rates. 

DOE estimates a combined total of 0.4 

quads of site energy savings at the maxtech efficiency levels for dishwashers. 

Combined site energy savings at 

Efficiency Level 1 for both product 

classes are estimated to be 0.003 quads. 

Chapter 10 of the preliminary TSD 

addresses the NIA. 

IV. Public Participation 

DOE invites public participation in 

this process through participation in the 

webinar and submission of written 

comments and information. After the 

webinar and the closing of the comment 

period, DOE will consider all timelysubmitted comments and additional 

information obtained from interested 

parties, as well as information obtained 

through further analyses. Following 

such consideration, the Department will 

publish either a determination that the 

standards for dishwashers need not be 

amended or a NOPR proposing to 

amend those standards. The NOPR, 

should one be issued, would include 

proposed energy conservation standards 

for the products covered by that 

rulemaking, and members of the public 

would be given an opportunity to 

submit written and oral comments on 

the proposed standards. 

A. Participation in the Webinar 

The time and date for the webinar 

meeting are listed in the DATES section 

at the beginning of this document. 

Webinar registration information, 

participant instructions, and 

information about the capabilities 

available to webinar participants will be 

published on DOE’s website: 

www1.eere.energy.gov/buildings/ 

appliance_standards/standards.aspx?

productid=38&action=viewlive. 

Participants are responsible for ensuring 

their systems are compatible with the 

webinar software. 

B. Procedure for Submitting Prepared 

General Statements for Distribution 

Any person who has an interest in the 

topics addressed in this document, or 

who is representative of a group or class 

of persons that has an interest in these 

issues, may request an opportunity to 

make an oral presentation at the 

webinar. Such persons may submit such 

request to ApplianceStandards

Questions@ee.doe.gov. Persons who 

wish to speak should include with their 

request a computer file in WordPerfect, 

Microsoft Word, PDF, or text (ASCII) file 

format that briefly describes the nature 

of their interest in this document and 

the topics they wish to discuss. Such 

persons should also provide a daytime 

telephone number where they can be 

reached. 

Persons requesting to speak should 

briefly describe the nature of their 

interest in this document and provide a 

telephone number for contact. DOE 

requests persons selected to make an 

oral presentation to submit an advance 

copy of their statements at least two 

weeks before the webinar. At its 

discretion, DOE may permit persons 

who cannot supply an advance copy of 

their statement to participate, if those 

persons have made advance alternative 

arrangements with the Building 

Technologies Office. As necessary, 

requests to give an oral presentation 

should ask for such alternative 

arrangements. 

C. Conduct of the Webinar 

DOE will designate a DOE official to 

preside at the webinar/public meeting 

and may also use a professional 

facilitator to aid discussion. The 

meeting will not be a judicial or 

evidentiary-type public hearing, but 


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3456 Federal Register / Vol. 87, No. 15 / Monday, January 24, 2022 / Proposed Rules 

DOE will conduct it in accordance with 

section 336 of EPCA (42 U.S.C. 6306). A 

court reporter will be present to record 

the proceedings and prepare a 

transcript. DOE reserves the right to 

schedule the order of presentations and 

to establish the procedures governing 

the conduct of the webinar. There shall 

not be discussion of proprietary 

information, costs or prices, market 

share, or other commercial matters 

regulated by U.S. anti-trust laws. After 

the webinar and until the end of the 

comment period, interested parties may 

submit further comments on the 

proceedings and any aspect of the 

document. 

The webinar will be conducted in an 

informal, conference style. DOE will 

present summaries of comments 

received before the webinar, allow time 

for prepared general statements by 

participants, and encourage all 

interested parties to share their views on 

issues affecting this document. Each 

participant will be allowed to make a 

general statement (within time limits 

determined by DOE), before the 

discussion of specific topics. DOE will 

permit, as time permits, other 

participants to comment briefly on any 

general statements. 

At the end of all prepared statements 

on a topic, DOE will permit participants 

to clarify their statements briefly. 

Participants should be prepared to 

answer questions by DOE and by other 

participants concerning these issues. 

DOE representatives may also ask 

questions of participants concerning 

other matters relevant to this 

rulemaking. The official conducting the 

webinar will accept additional 

comments or questions from those 

attending, as time permits. The 

presiding official will announce any 

further procedural rules or modification 

of the above procedures that may be 

needed for the proper conduct of the 

webinar. 

A transcript of the webinar will be 

included in the docket, which can be 

viewed as described in the Docket 

section at the beginning of this 

document. In addition, any person may 

buy a copy of the transcript from the 

transcribing reporter. 

D. Submission of Comments 

DOE will accept comments, data, and 

information regarding this preliminary 

analysis no later than the date provided 

in the DATES section at the beginning of 

this notification of a webinar and 

availability of preliminary technical 

support document. Interested parties 

may submit comments using any of the 

methods described in the ADDRESSES

section at the beginning of this 

document. 

Submitting comments via 

www.regulations.gov. The 

www.regulations.gov web page will 

require you to provide your name and 

contact information. Your contact 

information will be viewable to DOE 

Building Technologies Office staff only. 

Your contact information will not be 

publicly viewable except for your first 

and last names, organization name (if 

any), and submitter representative name 

(if any). If your comment is not 

processed properly because of technical 

difficulties, DOE will use this 

information to contact you. If DOE 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, DOE may not be 

able to consider your comment. 

However, your contact information 

will be publicly viewable if you include 

it in the comment itself or in any 

documents attached to your comment. 

Any information that you do not want 

to be publicly viewable should not be 

included in your comment, nor in any 

document attached to your comment. If 

this instruction is followed, persons 

viewing comments will see only first 

and last names, organization names, 

correspondence containing comments, 

and any documents submitted with the 

comments. 

Do not submit to www.regulations.gov 

information for which disclosure is 

restricted by statute, such as trade 

secrets and commercial or financial 

information (hereinafter referred to as 

Confidential Business Information 

(‘‘CBI’’)). Comments submitted through 

www.regulations.gov cannot be claimed 

as CBI. Comments received through the 

website will waive any CBI claims for 

the information submitted. For 

information on submitting CBI, see the 

Confidential Business Information 

section. 

DOE processes submissions made 

through www.regulations.gov before 

posting. Normally, comments will be 

posted within a few days of being 

submitted. However, if large volumes of 

comments are being processed 

simultaneously, your comment may not 

be viewable for up to several weeks. 

Please keep the comment tracking 

number that www.regulations.gov 

provides after you have successfully 

uploaded your comment. 

Submitting comments via email. 

Comments and documents submitted 

via email also will be posted to 

www.regulations.gov. If you do not want 

your personal contact information to be 

publicly viewable, do not include it in 

your comment or any accompanying 

documents. Instead, provide your 

contact information in a cover letter. 

Include your first and last names, email 

address, telephone number, and 

optional mailing address. The cover 

letter will not be publicly viewable as 

long as it does not include any 

comments. 

Include contact information each time 

you submit comments, data, documents, 

and other information to DOE. No faxes 

will be accepted. 

Comments, data, and other 

information submitted to DOE 

electronically should be provided in 

PDF (preferred), Microsoft Word or 

Excel, or text (ASCII) file format. 

Provide documents that are not secured, 

that are written in English, and that are 

free of any defects or viruses. 

Documents should not contain special 

characters or any form of encryption 

and, if possible, they should carry the 

electronic signature of the author. 

Campaign form letters. Please submit 

campaign form letters by the originating 

organization in batches of between 50 to 

500 form letters per PDF or as one form 

letter with a list of supporters’ names 

compiled into one or more PDFs. This 

reduces comment processing and 

posting time. 

Confidential Business Information. 

Pursuant to 10 CFR 1004.11, any person 

submitting information that he or she 

believes to be confidential and exempt 

by law from public disclosure should 

submit via email to 

Dishwashers2019STD0039@ee.doe.gov 

two well-marked copies: one copy of the 

document marked ‘‘confidential’’ 

including all the information believed to 

be confidential, and one copy of the 

document marked ‘‘non-confidential’’ 

with the information believed to be 

confidential deleted. DOE will make its 

own determination about the 

confidential status of the information 

and treat it according to its 

determination. 

It is DOE’s policy that all comments 

may be included in the public docket, 

without change and as received, 

including any personal information 

provided in the comments (except 

information deemed to be exempt from 

public disclosure). 

V. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

publication of this notification of a 

webinar and availability of preliminary 

technical support document. 

Signing Authority 

This document of the Department of 

Energy was signed on January 16, 2022, 

by Kelly J. Speakes-Backman, Principal 

Deputy Assistant Secretary for Energy 


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Federal Register / Vol. 87, No. 15 / Monday, January 24, 2022 / Proposed Rules 3457 

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 January 18, 

2022. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

[FR Doc. 2022–01157 Filed 1–21–22; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

10 CFR Part 431 

[EERE–2022–BT–TP–0003] 

Energy Conservation Program: Test 

Procedure for Dedicated-Purpose Pool 

Pumps 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Request for information. 

SUMMARY: The U.S. Department of 

Energy (‘‘DOE’’) is undertaking a review 

to determine whether amendments are 

warranted for the test procedure for 

dedicated-purpose pool pumps. 

Specifically, through this request for 

information (‘‘RFI’’), DOE has identified 

certain issues associated with the 

currently applicable test procedure on 

which DOE is interested in receiving 

comment. The issues outlined in this 

document mainly concern the scope of 

coverage, updated industry test 

procedures, and the definition of a basic 

model. DOE welcomes written 

comments from the public on any 

subject within the scope of this 

document, including topics not raised 

in this request for information (‘‘RFI’’). 

DATES: Written comments and 

information are requested and will be 

accepted on or before February 23, 2022. 

ADDRESSES: Interested persons are 

encouraged to submit comments using 

the Federal eRulemaking Portal at 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Alternatively, interested persons may 

submit comments, identified by docket 

number EERE–2022–BT–TP–0003, by 

any of the following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the 

instructions for submitting comments. 

2. Email: DPPP2022TP0003@

ee.doe.gov. Include docket number 

EERE–2022–BT–TP–0003 in the subject 

line of the message. 

No telefacsimiles (‘‘faxes’’) will be 

accepted. For detailed instructions on 

submitting comments and additional 

information on this process, see section 

III of this document. 

Although DOE has routinely accepted 

public comment submissions through a 

variety of mechanisms, including postal 

mail and hand delivery/courier, the 

Department has found it necessary to 

make temporary modifications to the 

comment submission process in light of 

the ongoing coronavirus (‘‘COVID–19’’) 

pandemic. DOE is currently suspending 

receipt of public comments via postal 

mail and hand delivery/courier. If a 

commenter finds that this change poses 

an undue hardship, please contact 

Appliance Standards Program staff at 

(202) 586–1445 to discuss the need for 

alternative arrangements. Once the 

COVID–19 pandemic health emergency 

is resolved, DOE anticipates resuming 

all of its regular options for public 

comment submission, including postal 

mail and hand delivery/courier. 

Docket: The docket for this activity, 

which includes Federal Register 

notices, 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, 

some documents listed in the index, 

such as those containing information 

that is exempt from public disclosure, 

may not be publicly available. 

The docket web page can be found at 

www.regulations.gov/docket/EERE2022-BT-TP-0003. The docket web page 

contains instructions on how to access 

all documents, including public 

comments, in the docket. See section III 

for information on how to submit 

comments through 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Jeremy Dommu, 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) 586– 

9870. Email: 

ApplianceStandardsQuestions@

ee.doe.gov. 

Ms. Amelia Whiting, U.S. Department 

of Energy, Office of the General Counsel, 

GC–33, 1000 Independence Avenue SW, 

Washington, DC 20585–0121. 

Telephone: (202) 586–2588; Email: 

amelia.whiting@hq.doe.gov. 

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. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction 

A. Authority and Background 

B. Rulemaking History 

II. Request for Information 

A. Definitions 

B. Scope 

C. Test Procedure 

1. Updates to Industry Test Procedures 

III. Submission of Comments 

I. Introduction 

This RFI requests information and 

data regarding whether an amended test 

procedure would more accurately and 

fully comply with the requirement that 

the test procedure produce results that 

measure energy use during a 

representative average use cycle for the 

equipment, and not be unduly 

burdensome to conduct. To inform 

interested parties and to facilitate this 

process, DOE has identified several 

issues associated with the currently 

applicable test procedures on which 

DOE is interested in receiving comment. 

Pumps are included in the list of 

‘‘covered equipment’’ for which DOE is 

authorized to establish and amend 

energy conservation standards and test 

procedures. (42 U.S.C. 6311(1)(A)) 

Dedicated-purpose pool pumps 

(‘‘DPPPs’’), which are the subject of this 

document, are a subset of pumps; thus 

DOE is authorized to establish test 

procedures and energy conservation 

standards for them. Relevant to this 

document, DOE has established test 

procedures for DPPPs at 10 CFR 

431.464(b) and appendices B and C to 

subpart Y of part 431 (‘‘Appendix B’’ 

and ‘‘Appendix C’’, respectively). The 

following sections discuss DOE’s 

authority to establish and amend test 

procedures for DPPPs, as well as 

relevant background information 

regarding DOE’s consideration of test 

procedures for this equipment. 


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