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

43970 

Vol. 86, No. 152 

Wednesday, August 11, 2021 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[EERE–2021–BT–STD–0002] 

RIN 1904–AF14 

Energy Conservation Program: 

Product Classes for Residential 

Dishwashers, Residential Clothes 

Washers, and Consumer Clothes 

Dryers 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of proposed rulemaking 

and request for comment. 

SUMMARY: On October 30, 2020 and 

December 16, 2020, the Department of 

Energy (‘‘DOE’’) published two final 

rules that established product classes for 

residential dishwashers with a cycle 

time for the normal cycle of 60 minutes 

or less, top-loading residential clothes 

washers and consumer clothes dryers 

with a cycle time of less than 30 

minutes, and front-loading residential 

clothes washers with a cycle time of less 

than 45 minutes (‘‘short-cycle product 

classes’’). The rules resulted in amended 

energy conservation standards for these 

short cycle product classes, without 

determining whether the relevant 

statutory criteria for amending 

standards were met. Thus, DOE 

proposes to revoke the two earlier rules 

that improperly promulgated standards 

and reinstate the prior product classes 

and applicable standards for these 

covered products. DOE requests written 

comment on its proposal and announces 

a public meeting to receive comment on 

this notice of proposed rulemaking 

(‘‘NOPR’’). 

DATES: Meeting: DOE will hold a 

webinar on September 23, 2021, from 

1:00 p.m. to 4:00 p.m. See section VI, 

‘‘Public Participation,’’ for webinar 

registration information, participant 

instructions, and information about the 

capabilities available to webinar 

participants. 

Comments: DOE will accept 

comments, data, and information 

regarding this NOPR no later than 

October 12, 2021. 

ADDRESSES: Interested persons are 

encouraged to submit comments using 

the Federal eRulemaking Portal at 

www.regulations.gov. Follow the 

instructions for submitting comments 

for docket number EERE–2021–BT– 

STD–0002. Alternatively, interested 

persons may send an email to: 

ShortCycleProductClasses2021S

TD0002@ee.doe.gov. Include the docket 

number EERE–2021–BT–STD–0002 

and/or RIN 1904–AF14 in the subject 

line of the message. 

Although DOE has routinely accepted 

public comment submissions through a 

variety of mechanisms, including the 

Federal eRulemaking Portal, email, 

postal mail, or hand delivery/courier, 

the Department has found it necessary 

to make temporary modifications to the 

comment submission process in light of 

the ongoing COVID–19 pandemic. DOE 

is currently accepting only electronic 

submissions at this time. 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. 

No telefacsimiles (faxes) will be 

accepted. For detailed instructions on 

submitting comments and additional 

information on the rulemaking process, 

see section VI (Public Participation) of 

this document. 

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, 

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/EERE2021-BT-STD-0002. The docket web 

page contains instructions on how to 

access all documents, including public 

comments, in the docket. See section VI 

for information on how to submit 

comments through 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Mr. John Cymbalsky, 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. Email: Appliance

StandardsQuestions@ee.doe.gov. 

Ms. Kathryn McIntosh, U.S. 

Department of Energy, Office of the 

General Counsel, GC–33, 1000 

Independence Avenue SW, Washington, 

DC, 20585–0121. Telephone: (202) 586– 

2002. Email: Kathryn.McIntosh@

hq.doe.gov. 

For further information on how to 

submit a comment, review other public 

comments and the docket, or participate 

in the public meeting, contact the 

Appliance and Equipment Standards 

Program staff at (202) 287–1445 or by 

email: ApplianceStandardsQuestions@

ee.doe.gov. 

Table of Contents 

I. Summary of Proposed Rulemaking 

II. Authority and Background 

A. Authority 

B. Background 

1. Residential Dishwashers 

2. Residential Clothes Washers and 

Consumer Clothes Dryers 

III. Discussion 

IV. Conclusion 

V. Procedural Issues and Regulatory Review 

A. Review Under Executive Orders 12866 

B. Review Under the Regulatory Flexibility 

Act 

C. Review Under the Paperwork Reduction 

Act of 1995 

D. Review Under the National 

Environmental Policy Act of 1969 

E. Review Under Executive Order 13132 

F. Review Under Executive Order 12988 

G. Review Under the Unfunded Mandates 

Reform Act of 1995 

H. Review Under the Treasury and General 

Government Appropriations Act, 1999 

I. Review Under Executive Order 12630 

J. Review Under the Treasury and General 

Government Appropriations Act, 2001 

K. Review Under Executive Order 13211 

VI. 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 

VII. Approval of the Office of the Secretary 

I. Summary of Proposed Rulemaking 

In October and December of 2020, 

DOE published two final rules that 


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1All references to EPCA in this document refer 

to the statute as amended by 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 re-designated Part A. 

3 ‘‘Normal cycle’’ is the cycle type, including 

washing and drying temperature options, 

recommended in the manufacturer’s instructions for 

daily, regular, or typical use to completely wash a 

full load of normally soiled dishes, including the 

Continued 

established new short-cycle product 

classes for residential dishwashers, 

residential clothes washers, and 

consumer clothes dryers. 85 FR 68723 

(Oct. 30, 2020) (‘‘October 2020 Final 

Rule’’); 85 FR 81359 (Dec. 16, 2020) 

(‘‘December 2020 Final Rule’’). While 

these short-cycle products had 

previously been subject to energy and 

water conservation standards, the 

October and December 2020 Final Rules 

stated that short-cycle product classes 

were no longer subject to any water or 

energy conservation standards. 85 FR 

68723, 68742; 85 FR 81359, 81376. As 

a result, short-cycle products are 

currently allowed to consume unlimited 

amounts of energy and water. 

In amending the standards for shortcycle products to allow for unlimited 

water and energy usage, DOE failed to 

consider whether the amended 

standards met the criteria in the Energy 

Policy and Conservation Act, as 

amended (‘‘EPCA’’),1 for issuing an 

amended standard. Notably, among 

other things, DOE did not determine, as 

required, that the amended standards 

for short-cycle products were designed 

to achieve the maximum improvement 

in energy efficiency that is 

technologically feasible and 

economically justified. 42 U.S.C. 

6295(o)(2)(A). As such, DOE proposes to 

revoke the two earlier rules that 

improperly promulgated standards and 

to reinstate the prior product classes 

and applicable standards for these 

covered products. 

II. Authority and Background 

A. Authority 

EPCA 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, which sets forth a 

variety of provisions designed to 

improve energy efficiency. These 

covered products include residential 

dishwashers, residential clothes 

washers, and consumer clothes dryers, 

the subjects of this document. 42 U.S.C. 

6292(a)(6), (7), and (8), respectively. 

The energy conservation program 

under EPCA consists essentially of four 

parts: (1) Testing, (2) labeling, (3) the 

establishment of Federal energy 

conservation standards, and (4) 

certification and enforcement 

procedures. Relevant provisions of 

EPCA specifically include definitions 

(42 U.S.C. 6291), test procedures (42 

U.S.C. 6293), labeling provisions (42 

U.S.C. 6294), energy conservation 

standards (42 U.S.C. 6295), and the 

authority to require information and 

reports from manufacturers (42 U.S.C. 

6296). 

DOE must follow specific statutory 

criteria for prescribing new or amended 

standards for covered products, 

including residential dishwashers, 

residential clothes washers, and 

consumer clothes dryers. For instance, 

any new or amended standard for a 

covered product must be designed to 

achieve the maximum improvement in 

energy efficiency that is technologically 

feasible and economically justified. 42 

U.S.C. 6295(o)(2)(A). In deciding 

whether a standard is economically 

justified, DOE must determine whether 

the benefits of the standard exceed its 

burdens by, to the greatest extent 

possible, considering 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 imposition of the 

standard; (4) any lessening of the utility 

or the performance of the covered 

products likely to result from 

imposition of 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 imposition of 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). Furthermore, 

the new or amended standard must 

result in a significant conservation of 

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

EPCA also includes 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). 

Additionally, when prescribing an 

energy conservation standard, EPCA 

requires DOE to specify a different 

standard level than that which applies 

generally to a type or class of products 

for any group of covered products that 

have 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 

such 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 ‘‘higher or lower standard’’ must 

include an explanation of the basis on 

which such higher or lower level was 

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

B. Background 

As noted earlier, DOE’s October 2020 

and December 2020 Final Rules 

amended the applicable energy and 

water conservation standards for 

residential dishwashers, residential 

clothes washers, and consumer clothes 

dryers when they established new shortcycle product classes for those products. 

Creation of those short-cycle classes 

effectively removed the energy and 

water conservation standards that had 

previously applied to those products. As 

discussed in greater detail below, the 

2020 rulemakings failed to consider the 

criteria necessary for an amended 

standards rulemaking as required by the 

Energy Policy and Conservation Act, as 

amended, which directs DOE to 

consider whether the amended 

standards were designed to achieve the 

maximum improvement in energy 

efficiency that is technologically 

feasible and economically justified. 42 

U.S.C. 6295(o)(2)(A). 

1. Residential Dishwashers 

Prior to the October 2020 Final Rule, 

dishwashers were divided into two 

product classes by size: Standard and 

compact. Standard size dishwashers had 

a capacity equal to or greater than eight 

place settings plus six serving pieces, 

while compact size dishwashers had a 

capacity less than eight place settings 

plus six serving pieces. 10 CFR 

430.32(f)(1) (as effective October 29, 

2020). Standard size dishwashers, 

regardless of normal cycle time,3 had to 


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power-dry setting. 10 CFR part 430 subpart B 

appendix C1 (‘‘Appendix C1’’), section 1.12. 

4AHAM submitted its petition pursuant to the 

Administrative Procedure Act (‘‘APA’’), 5 U.S.C. 

551 et seq., which provides among other things, that 

‘‘[e]ach agency shall give an interested person the 

right to petition for the issuance, amendment, or 

repeal of a rule.’’ 5 U.S.C. 553(e). The AHAM 

petition is available in the docket to this 

rulemaking, EERE–2021–BT–STD–0002, at https://

www.regulations.gov. 

5A notation in this form provides a reference for 

information that is in the specified docket, which 

is available at https://www.regulations.gov. This 

notation indicates that the statement preceding the 

reference is included in document number 001 of 

that docket at page 2. 

6NRDC also submitted its petition pursuant to the 

APA, 5 U.S.C. 553(e), to repeal the final rule. The 

NRDC petition is available in the docket to this 

rulemaking, EERE–2021–BT–STD–0002, at https://

www.regulations.gov. 

use less than 307 kwh/year and 5.0 

gallons per cycle, while compact 

dishwashers, regardless of normal cycle 

time, had to use less than 222 kwh/year 

and 3.5 gallons per cycle. 

On October 30, 2020, DOE published 

a final rule that replaced an existing 

product class for dishwashers with two 

new product classes based on cycle time 

and amended the standards for such 

dishwashers. 85 FR 68723. DOE 

initiated the rulemaking in response to 

a petition for rulemaking submitted by 

the Competitive Enterprise Institute 

(‘‘CEI’’) in March 2018, in which CEI 

asserted that there was considerable 

consumer disatisfaction with the 

dramatically longer cycle time for 

dishwashers under the then-current 

energy conservation standards. 83 FR 

17768 (Apr. 24, 2018). CEI requested 

that DOE establish a new product class 

for dishwashers with a cycle time of less 

than one hour. Id. at 83 FR 17771. 

In the October 2020 Final Rule, DOE 

stated that a product class of standard 

size residential dishwashers with a 

normal cycle of 60 minutes or less 

would allow manufacturers to provide 

consumers with the option to purchase 

a dishwasher that maximizes the 

consumer utility of a short-cycle time to 

wash and dry dishes. 85 FR 68723, 

68724. DOE also stated that a product 

class for which the normal cycle time is 

60 minutes or less could spur 

manufacturer innovation to generate 

additional product offerings to fill the 

market gap that exists for these 

products. Id. at 85 FR 68726. DOE 

determined that, under 42 U.S.C. 

6295(q), dishwashers with a normal 

cycle time of 60 minutes or less have a 

performance-related feature that other 

dishwashers lack and that this feature 

justifies a separate product class subject 

to a higher or lower standard than the 

standards currently applicable to the 

existing product classes of dishwashers. 

Id. As a result, DOE replaced the 

existing product class for standard 

dishwashers with two new product 

classes for standard size dishwashers 

based on normal cycle time. DOE kept 

the existing energy conservation 

standards for standard size dishwashers 

with a normal cycle time greater than 60 

minutes at the level previously 

prescribed for the product class that 

covered all standard size dishwashers. 

Id. at 85 FR 68741. DOE also stated that 

standard size dishwashers with a 

normal cycle time of 60 minutes or less 

were not subject to any energy or water 

conservation standards, thus allowing 

for unlimited water and energy usage. 

Id. at 85 FR 68742. DOE stated it would 

consider further amending energy and 

water conservation standards for 

standard size dishwashers with a 

normal cycle time of 60 minutes or less 

in a future rulemaking. Id. at 85 FR 

68724. 

On December 29, 2020, the National 

Resources Defense Council (‘‘NRDC’’), 

Sierra Club, Consumer Federation of 

America, and Massachusetts Union of 

Public Housing Tenants petitioned the 

U.S. Court of Appeals for the Second 

Circuit to review and set aside the 

October 2020 Final Rule. Natural 

Resources Defense Council v. U.S. Dep’t 

of Energy, No. 20–4256 (2d Cir.). On the 

same day, the States of California, 

Connecticut, Illinois, Maine, Michigan, 

Minnesota, New Jersey, New Mexico, 

New York, Nevada, Oregon, Vermont, 

and Washington, the Commonwealth of 

Massachusetts, the District of Columbia, 

and the City of New York filed a 

separate petition for review of the 

October 2020 Final Rule in the U.S. 

Court of Appeals for the Second Circuit. 

California v. U.S. Dep’t of Energy, No. 

20–4285 (2d Cir.). These two cases have 

been consolidated in the Second Circuit 

and have been placed in abeyance 

pending DOE’s review of the October 

2020 Final Rule. 

Further, on March 1, 2021, the 

Association of Home Appliance 

Manufacturers (‘‘AHAM’’) petitioned 

DOE to reconsider the October 2020 

Final Rule that established and 

amended standards for short-cycle 

residential dishwashers. ‘‘AHAM 

petition for reconsideration-1’’; Docket 

EERE–2021–BT–STD–0002, No. 001 at 

p. 2.4 5 On April 28, 2021, the NRDC, 

Sierra Club, the Consumer Federation of 

America, and the Massachusetts Union 

of Public Housing Tenants (‘‘NRDC et 

al.’’) also submitted a petition for DOE 

to repeal the same October 2020 Final 

Rule (‘‘NRDC petition for 

reconsideration’’).6 The petition 

challenges the legality of the final rule, 

stating that the creation of the new 

product class violates the core 

requirements of EPCA. NRDC petition 

for reconsideration, Docket EERE–2021– 

BT–STD–0002, No. 003 at 2. The 

petition contends that addressing those 

defects is critical to preventing such an 

error from being repeated in the future. 

2. Residential Clothes Washers and 

Consumer Clothes Dryers 

Prior to the December 2020 Final 

Rule, product classes for residential 

clothes washers were based on clothing 

container capacity and axis of loading— 

i.e., front-loading or top-loading. 10 CFR 

430.32(g)(4) (Dec. 15, 2020). And, prior 

to the December 2020 Final Rule, 

product classes for consumer clothes 

dryers were based on fuel source (120V 

electric, 240V electric, or gas), venting 

configuration (vented or ventless), 

capacity, and integration with a clothes 

washer (combination washer-dryer). 10 

CFR 430.32(h)(3) (as effective Dec. 15, 

2020). Each product class was subject to 

a specific energy or energy and water 

conservation standard that applied 

regardless of the cycle time. 

In August 2020, DOE proposed to 

replace existing product classes with 

new product classes based on cycle time 

for top-loading standard residential 

clothes washers (30 minutes or greater; 

less than 30 minutes), front-loading 

standard residential clothes washers (45 

minutes or greater; less than 45 

minutes), and consumer clothes dryers 

(30 minutes or greater; less than 30 

minutes). 85 FR 49297, 49311–49312 

(Aug. 13, 2020) (‘‘August 2020 NOPR’’). 

Unlike the dishwasher product class 

rulemaking, this rulemaking was not 

initiated in response to a petition, but 

instead relied on particular similarities 

between consumer use of dishwashers 

and clothes washers and clothes dryers 

as the basis for proposing the 

rulemaking. Id. at 85 FR 49298. Shortly 

thereafter, on December 16, 2020, DOE 

published the December 2020 Final 

Rule that replaced the product classes 

with new product classes based on cycle 

time and kept the existing energy 

conservation standards for the new 

product classes with longer cycle times, 

while declaring the short-cycle product 

classes are not currently subject to any 

energy or water conservation standards, 

thus allowing for unlimited water and 

energy usage. 85 FR 81359, 81375– 

81376. 

On January 19, 2021, the States of 

California, Connecticut, Illinois, Maine, 

Michigan, Minnesota, New Jersey, New 

Mexico, New York, Nevada, Oregon, 

Vermont, and Washington, the 

Commonwealth of Massachusetts, the 

District of Columbia, and the City of 


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7As with its first petition, AHAM submitted its 

second petition pursuant to the APA. The AHAM 

petition for reconsideration-2 is available in the 

docket to this rulemaking, EERE–2021–BT–STD– 

0002, at https://www.regulations.gov. 

New York filed a petition for review of 

the December 2020 Final Rule in the 

Second Circuit. California v. U.S. Dep’t 

of Energy, No. 21–108 (2d Cir.). Shortly 

thereafter, two other groups of 

petitioners filed petitions for review of 

the December 2020 Final Rule. The 

Alliance for Water Efficiency, the U.S. 

Public Interest Research Group, and 

Environment America (collectively, 

‘‘AWE’’) filed a petition for review of 

that final rule in the Seventh Circuit on 

January 17, 2021, and the Sierra Club 

filed a petition for review of that final 

rule in the Ninth Circuit on February 12, 

2021. Alliance for Water Efficiency v. 

U.S. Dep’t of Energy, No. 21–428 (2d 

Cir.); Sierra Club v. U.S. Dep’t of Energy, 

No. 21–564 (2nd Cir.). After transfer of 

the Seventh and Ninth Circuit petitions 

for review, all three cases were 

consolidated in the Second Circuit. In 

its court filings, AWE has raised the 

following issues with the December 

2020 Final Rule: that DOE lacks 

authority to exempt a product group 

from water conservation standards; DOE 

failed to comply with the requirements 

for a section 325(q) rule; DOE violated 

EPCA’s anti-backsliding provision; and 

DOE violated the National 

Environmental Policy Act. Briefing on 

the merits is currently stayed through 

October 1, 2021, while DOE reviews the 

December 2020 Final Rule. 

On April 2, 2021, AHAM further 

petitioned DOE to reconsider the 

December 2020 Final Rule that 

established and amended standards for 

short-cycle residential clothes washers 

and dryers. ‘‘AHAM petition for 

reconsideration-2’’; Docket EERE–2021– 

BT–STD–0002, No. 002 at 2.7 AHAM 

argued that the short-cycle product 

classes were neither justified nor 

needed for three reasons. First, AHAM 

stated that many clothes washers and 

clothes dryers already offer cycles that 

are within the December 2020 Final 

Rule’s cycle time goal and that meet the 

existing standards. Id. at 7–8, 12. 

Second, AHAM argued that the cycle 

times in the December 2020 Final Rule 

were arbitrary because DOE lacked the 

data necessary to demonstrate a 

consumer desire for the times adopted. 

Id. at 13. Third, AHAM specified that 

establishing the separate product classes 

would likely cause negative, unintended 

consequences such as strand 

manufacturer investments; create new 

regulation; introduce manufacturer 

uncertainty until standards for the new 

product classes are developed; increase 

test burden; and potentially cause 

disharmony in North America for 

clothes washer and clothes dryer 

standards. Id. at 8–9, 16–18. For these 

reasons, AHAM requested that DOE 

withdraw the December 2020 Final 

Rule. Id. at 19. 

Like its petition regarding the shortcycle product class for residential 

dishwashers, AHAM requested that, 

while DOE considers its petition, DOE 

stay the effectiveness of the final rule as 

it allows for unlimited energy and water 

use by these products and issue a 

statement to the market that these new 

product classes cannot reliably be used 

as the basis for new products. Id. at 2. 

III. Discussion

In issuing the October 2020 and

December 2020 Final Rules, DOE relied 

on its authority under EPCA to establish 

product classes with higher or lower 

levels of energy use or efficiency when 

prescribing, by rule, an energy 

conservation standard. 42 U.S.C. 

6295(q). In so doing, the October 2020 

and December 2020 Final Rules also 

amended the energy conservation 

standards for short-cycle products by 

stating they were no longer subject to 

energy and water conservation 

standards. 85 FR 68733; 85 FR 81366. 

But the 2020 Final Rules did not 

address any of EPCA’s requirements for 

amending an energy conservation 

standard, including an analysis of 

whether the amended standards are 

designed to achieve the maximum 

improvement in energy efficiency that is 

technologically feasible and 

economically justified. 42 U.S.C. 

6295(o)(2)(A); see 85 FR 81361. DOE 

also did not, among other things, 

adequately consider whether the 

amended standards violated EPCA’s 

prohibition against prescribing an 

amended standard that increases the 

maximum allowable energy use or 

decreases the energy efficiency of a 

covered product. 42 U.S.C. 6295(o)(1). 

Because the October 2020 and December 

2020 Final Rules were contrary to 

EPCA, DOE proposes to revoke them 

through this rulemaking. 

As an initial matter, as support for 

establishing product classes without 

associated energy conservation 

standards, the October 2020 and 

December 2020 Final Rules asserted that 

those rules were simply deferring the 

issuance of new conservation standards. 

85 FR 68723, 68733; 85 FR 81359, 

81368. EPCA does not, however, allow 

DOE to simply defer the establishment 

of new energy conservation standards 

for regulated products or equipment that 

already have energy conservation 

standards. Even if EPCA authorized 

deferrals in some instances, any creation 

of the new product classes here would 

have needed to follow the requirements 

of 42 U.S.C. 6295(q), which frames the 

development of a product class within 

the context of an energy conservation 

standard rulemaking. But the October 

2020 and December 2020 Final Rules 

did not develop the new product classes 

in the context of an energy conservation 

standard rulemaking. Instead, by stating 

that the new product classes were not 

subject to any energy conservation 

standards without following 42 U.S.C. 

6295(q), the October 2020 and December 

2020 Final Rules were an amendment in 

violation of EPCA. 

EPCA requires, as stated previously, 

that an amended conservation standard 

must be designed to achieve the 

maximum improvement in energy 

efficiency that is technologically 

feasible and economically justified. 42 

U.S.C. 6295(o)(2)(A). The plain meaning 

of the statutory term ‘‘amend’’ is to 

‘‘alter formally by adding, deleting or 

rephrasing.’’ (American Heritage 

Dictionary for the English Language 42 

(1981)). As explained above, the 2020 

Final Rules altered the existing energy 

and water conservation standards for 

the short cycle products by removing 

the standards applicable to those 

products to allow for unlimited energy 

and water use. This activity clearly fits 

within this scope of the definition of 

‘‘amend’’ because DOE deleted the 

applicable standards altogether. 

Even assuming that EPCA were 

ambiguous in this regard, DOE’s 

position—that the 2020 Final Rules 

improperly amended the energy and 

water conservation standards for the 

short-cycle products—is the better 

understanding of the statute. Prior to the 

2020 Final Rules, the short-cycle 

products belonged to product classes 

subject to specific energy and/or water 

conservation standards. The 2020 Final 

Rules separated the products that met 

the classification for the new short-cycle 

product classes from their regulated 

counterparts to establish product classes 

not subject to any standard and that 

could operate with unlimited energy 

and water use. Those products now do 

not have any applicable standard, which 

effectively amended the prior energy or 

water conservation standards for those 

products to zero. But the 2020 Final 

Rules did so without considering any of 

EPCA’s requirements for such action. 

Relatedly, the October 2020 and 

December 2020 Final Rules inaccurately 

cited DOE’s 2007 distribution 

transformer and 2009 beverage vending 

machine (‘‘BVM’’) energy conservation 

standards rulemakings as support. 85 FR 


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8https://www.regulations.doe.gov/ 

certificationdata. 

68723, 68733; 85 FR 81361, 81368. In 

the 2007 distribution transformers 

rulemaking, DOE established a separate 

equipment class for underground 

mining distribution transformers 

without establishing associated energy 

conservation standards. 72 FR 58190 

(Oct. 12, 2007). Similarly, in the 2009 

BVM rulemaking, DOE established a 

separate equipment class for 

combination BVMs without establishing 

associated energy conservation 

standards. 74 FR 44914 (Aug. 31, 2009). 

But the October 2020 and December 

2020 Final Rules failed to note the key 

distinction between these examples and 

the short-cycle product class 

rulemakings. Both the 2007 and 2009 

rulemakings were the first instance of 

energy conservation standards being 

promulgated for distribution 

transformers and BVMs. As such, not 

setting standards for those equipment 

classes simply maintained the status 

quo—that is, underground mining 

distribution transformers and 

combination BVMs were not subject to 

energy use or efficiency restrictions 

either before or after those rulemakings. 

As a result, DOE was not required to 

satisfy any of the criteria in EPCA for 

amending a standard for these 

equipment classes. 

In contrast, short-cycle residential 

dishwashers, residential clothes 

washers, and consumer clothes dryers 

were all subject to energy conservation 

standards prior to the October 2020 and 

December 2020 Final Rules. By stating 

that short-cycle products were no longer 

subject to energy or water conservation 

standards, the October 2020 and 

December 2020 Final Rules changed the 

status quo in a direction that would 

allow for unlimited energy and water 

use by these short-cycle products. Thus, 

DOE was required to satisfy the 

requirements in EPCA for issuing an 

amended standard. 

In addition, DOE has made a policy 

judgment that EPCA’s express purposes 

of energy and water conservation (42 

U.S.C. 6201(4), (5), (8)) would be 

thwarted if DOE could avoid restrictions 

on amending existing standards by 

nominally characterizing a regulatory 

change in the energy conservation 

standards applicable to a covered 

product as something other than an 

amendment. The October 2020 and 

December 2020 Final Rules contravened 

EPCA by failing to consider these 

criteria when they amended the existing 

standards for short-cycle products in the 

2020 Final Rules. 

This review is also consistent with the 

direction provided in Executive Order 

13990 of January 20, 2021, ‘‘Protecting 

Public Health and the Environment and 

Restoring Science to Tackle the Climate 

Crisis.’’ 86 FR 7037 (Jan. 25, 2021). 

While E.O. 13990 triggered the 

Department’s re-evaluation, DOE is 

relying on the analysis presented in this 

NOPR, based upon EPCA, to re-examine 

the October and December 2020 Final 

Rules. 

IV. Conclusion 

After careful consideration, DOE 

proposes to revoke the October 2020 

and December 2020 Final Rules that 

improperly amended standards and to 

reinstate the prior product classes and 

applicable standards for these covered 

products. DOE acknowledges that these 

rules will remain in effect while the 

Department considers whether to revoke 

the earlier rulemakings through notice 

and comment. 

V. Procedural Issues and Regulatory 

Review 

A. Review Under Executive Orders 

12866 

The Office of Information and 

Regulatory Affairs (‘‘OIRA’’) in the 

Office of Management and Budget 

(‘‘OMB’’) has waived review of this rule 

pursuant to Executive Order (‘‘E.O.’’) 

12866, ‘‘Regulatory Planning and 

Review.’’ 

B. Review Under the Regulatory 

Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) requires preparation 

of an initial regulatory flexibility 

analysis (‘‘IRFA’’) for any rule that by 

law must be proposed for public 

comment, unless the agency certifies 

that the rule, if promulgated, will not 

have a significant economic impact on 

a substantial number of small entities. 

As required by E.O. 13272, ‘‘Proper 

Consideration of Small Entities in 

Agency Rulemaking,’’ 67 FR 53461 

(Aug. 16, 2002), DOE published 

procedures and policies on February 19, 

2003, to ensure that the potential 

impacts of its rules on small entities are 

properly considered during the 

rulemaking process. 68 FR 7990. DOE 

has made its procedures and policies 

available on the Office of the General 

Counsel’s website (https://energy.gov/ 

gc/office-general-counsel). DOE has 

prepared the following IRFA for the 

products that are the subject of this 

rulemaking. 

DOE reviewed this proposed rule 

under the provisions of the Regulatory 

Flexibility Act and the procedures and 

policies published on February 19, 

2003. DOE has initially concluded that 

this rule, if made final, would not have 

a significant impact on a substantial 

number of small entities. The factual 

basis for this determination is as 

follows: 

The Small Business Administration 

(‘‘SBA’’) considers a business entity to 

be a small business, if, together with its 

affiliates, it employs less than a 

threshold number of workers or earns 

less than the average annual receipts 

specified in 13 CFR part 121. The 

threshold values set forth in these 

regulations use size standards and codes 

established by the North American 

Industry Classification System 

(‘‘NAICS’’) that are available at https:// 

www.sba.gov/document/supporttablesize-standards. The threshold 

number for NAICS classification code 

335220, ‘‘Major Household Appliance 

Manufacturing,’’ which includes 

residential dishwasher, residential 

clothes washer, and consumer clothes 

dryer manufacturers, is 1,500 

employees. 

Most of the companies that 

manufacture residential dishwashers are 

large multinational corporations. Most 

of the manufacturers supplying 

residential clothes washers and 

consumer clothes dryers into the United 

States are large multinational 

corporations. DOE collected data from 

DOE’s compliance certification 

database 8 to identify potential 

manufacturers of residential 

dishwashers, residential clothes 

washers, and consumer clothes dryers. 

DOE then consulted publicly available 

data, such as Dun and Bradstreet, to 

determine whether they meet the SBA’s 

definition of a ‘‘small business 

manufacturer’’ and have their 

manufacturing facilities located within 

the United States. 

Based on this analysis, DOE identified 

two manufacturers of residential 

dishwashers that are potential small 

businesses, but initially determined that 

this proposed rule would not impose 

any compliance or other requirements 

on any manufacturers of residential 

dishwashers, including small 

businesses. This rulemaking would 

eliminate the separate product class for 

residential dishwashers with a 

‘‘normal’’ cycle of 60 minutes or less 

from washing through drying as 

described in the preamble. As 

discussed, DOE did not identify any 

residential dishwashers on the market— 

let alone any manufactured by small 

businesses—that offer a normal cycle of 

less than 60 minutes from washing 

through drying. 

DOE did not identify any small 

businesses that manufacture residential 


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clothes washers or consumer clothes 

dryers. 

As a result, DOE certifies that the 

proposed rule would not have a 

significant impact on a substantial 

number of small entities. DOE will 

transmit the certification and supporting 

statement of factual basis to the Chief 

Counsel for Advocacy of the Small 

Business Administration for review 

under 5 U.S.C. 605(b). 

C. Review Under the Paperwork 

Reduction Act of 1995 

Manufacturers of covered products/ 

equipment, such as residential 

dishwashers, residential clothes 

washers, and consumer clothes dryers, 

must certify to DOE that their products 

comply with any applicable energy 

conservation standards. In certifying 

compliance, manufacturers must test 

their products according to the DOE test 

procedures for residential dishwashers, 

residential clothes washers, and 

consumer clothes dryers, including any 

amendments adopted for those test 

procedures. DOE has established 

regulations for the certification and 

recordkeeping requirements for all 

covered consumer products and 

commercial equipment, including 

residential dishwashers, residential 

clothes washers, and consumer clothes 

dryers. 76 FR 12422 (Mar. 7, 2011); 80 

FR 5099 (Jan. 30, 2015). The collectionof-information requirement for the 

certification and recordkeeping is 

subject to review and approval by OMB 

under the Paperwork Reduction Act 

(‘‘PRA’’). This requirement has been 

approved by OMB under OMB control 

number 1910–1400. Public reporting 

burden for the certification is estimated 

to average 35 hours per response, 

including the time for reviewing 

instructions, searching existing data 

sources, gathering and maintaining the 

data needed, and completing and 

reviewing the collection of information. 

Notwithstanding any other provision 

of the law, no person is required to 

respond to, nor shall any person be 

subject to a penalty for failure to comply 

with, a collection of information subject 

to the requirements of the PRA, unless 

that collection of information displays a 

currently valid OMB Control Number. 

D. Review Under the National 

Environmental Policy Act of 1969 

DOE is analyzing this proposed 

regulation in accordance with the 

National Environmental Policy Act (42 

U.S.C. 4321 et seq.) (‘‘NEPA’’) and 

DOE’s NEPA implementing regulations 

(10 CFR part 1021). DOE’s regulations 

include a categorical exclusion for 

rulemakings interpreting or amending 

an existing rule or regulation that does 

not change the environmental effect of 

the rule or regulation being amended. 10 

CFR part 1021, subpart D, appendix A5. 

DOE anticipates that this rulemaking 

qualifies for categorical exclusion A5 

because it is an interpretive rulemaking 

that does not change the environmental 

effect of the rule and otherwise meets 

the requirements for application of a 

categorical exclusion. See 10 CFR 

1021.410. DOE will complete its NEPA 

review before issuing the final rule. 

E. Review Under Executive Order 13132 

E.O. 13132, ‘‘Federalism,’’ 64 FR 

43255 (Aug. 10, 1999), imposes certain 

requirements on Federal agencies 

formulating and implementing policies 

or regulations that preempt State law or 

that have Federalism implications. The 

Executive Order requires agencies to 

examine the constitutional and statutory 

authority supporting any action that 

would limit the policymaking discretion 

of the States and to carefully assess the 

necessity for such actions. The 

Executive Order also requires agencies 

to have an accountable process to 

ensure meaningful and timely input by 

State and local officials in the 

development of regulatory policies that 

have Federalism implications. On 

March 14, 2000, DOE published a 

statement of policy describing the 

intergovernmental consultation process 

it will follow in the development of 

such regulations. 65 FR 13735. DOE has 

examined this proposed rule and has 

tentatively determined that it would not 

have a substantial direct effect on the 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government. EPCA governs and 

prescribes Federal preemption of State 

regulations as to energy conservation for 

the products that are the subject of this 

proposed rule. States can petition DOE 

for exemption from such preemption to 

the extent, and based on criteria, set 

forth in EPCA. 42 U.S.C. 6297. No 

further action is required by Executive 

Order 13132. 

F. Review Under Executive Order 12988 

With respect to the review of existing 

regulations and the promulgation of 

new regulations, section 3(a) of E.O. 

12988, ‘‘Civil Justice Reform,’’ imposes 

on Federal agencies the general duty to 

adhere to the following requirements: 

(1) Eliminate drafting errors and 

ambiguity, (2) write regulations to 

minimize litigation, (3) provide a clear 

legal standard for affected conduct 

rather than a general standard, and (4) 

promote simplification and burden 

reduction. 61 FR 4729 (Feb. 7, 1996). 

Regarding the review required by 

section 3(a), section 3(b) of E.O. 12988 

specifically requires that Executive 

agencies make every reasonable effort to 

ensure that the regulation: (1) Clearly 

specifies the preemptive effect, if any, 

(2) clearly specifies any effect on 

existing Federal law or regulation, (3) 

provides a clear legal standard for 

affected conduct while promoting 

simplification and burden reduction, (4) 

specifies the retroactive effect, if any, (5) 

adequately defines key terms, and (6) 

addresses other important issues 

affecting clarity and general 

draftsmanship under any guidelines 

issued by the Attorney General. Section 

3(c) of Executive Order 12988 requires 

Executive agencies to review regulations 

in light of applicable standards in 

section 3(a) and section 3(b) to 

determine whether they are met or it is 

unreasonable to meet one or more of 

them. DOE has completed the required 

review and determined that, to the 

extent permitted by law, this proposed 

rule meets the relevant standards of E.O. 

12988. 

G. Review Under the Unfunded 

Mandates Reform Act of 1995 

Title II of the Unfunded Mandates 

Reform Act of 1995 (‘‘UMRA’’) requires 

each Federal agency to assess the effects 

of Federal regulatory actions on State, 

local, and Tribal governments and the 

private sector. Public Law 104–4, 

section 201 (codified at 2 U.S.C. 1531). 

For a proposed regulatory action likely 

to result in a rule that may cause the 

expenditure by State, local, and Tribal 

governments, in the aggregate, or by the 

private sector of $100 million or more 

in any one year (adjusted annually for 

inflation), section 202 of UMRA requires 

a Federal agency to publish a written 

statement that estimates the resulting 

costs, benefits, and other effects on the 

national economy. 2 U.S.C. 1532(a), (b). 

The UMRA also requires a Federal 

agency to develop an effective process 

to permit timely input by elected 

officers of State, local, and Tribal 

governments on a proposed ‘‘significant 

intergovernmental mandate,’’ and 

requires an agency plan for giving notice 

and opportunity for timely input to 

potentially affected small governments 

before establishing any requirements 

that might significantly or uniquely 

affect them. On March 18, 1997, DOE 

published a statement of policy on its 

process for intergovernmental 

consultation under UMRA. 62 FR 

12820. DOE’s policy statement is also 

available at https://energy.gov/sites/ 

prod/files/gcprod/documents/umra_

97.pdf. 


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This proposed rule contains neither 

an intergovernmental mandate nor a 

mandate that may result in the 

expenditures of $100 million or more in 

any one year, so these requirements 

under the Unfunded Mandates Reform 

Act do not apply. 

H. Review Under the Treasury and 

General Government Appropriations 

Act, 1999 

Section 654 of the Treasury and 

General Government Appropriations 

Act, 1999 (Public Law 105–277) requires 

Federal agencies to issue a Family 

Policymaking Assessment for any rule 

that may affect family well-being. This 

rule would not have any impact on the 

autonomy or integrity of the family as 

an institution. Accordingly, DOE has 

concluded that it is not necessary to 

prepare a Family Policymaking 

Assessment. 

I. Review Under Executive Order 12630 

Pursuant to E.O. 12630, 

‘‘Governmental Actions and Interference 

with Constitutionally Protected Property 

Rights,’’ 53 FR 8859 (Mar. 15, 1988), 

DOE has determined that this proposed 

rule would not result in any takings that 

might require compensation under the 

Fifth Amendment to the U.S. 

Constitution. 

J. Review Under the Treasury and 

General Government Appropriations 

Act, 2001 

Section 515 of the Treasury and 

General Government Appropriations 

Act, 2001 (44 U.S.C. 3516 note) provides 

for Federal agencies to review most 

disseminations of information to the 

public under information quality 

guidelines established by each agency 

pursuant to general guidelines issued by 

OMB. OMB’s guidelines were published 

at 67 FR 8452 (Feb. 22, 2002), and 

DOE’s guidelines were published at 67 

FR 62446 (Oct. 7, 2002). Pursuant to 

OMB Memorandum M–19–15, 

Improving Implementation of the 

Information Quality Act (April 24, 

2019), DOE published updated 

guidelines which are available at 

https://www.energy.gov/sites/prod/files/ 

2019/12/f70/ 

DOE%20Final%20Updated

%20IQA%20Guidelines%20Dec%

202019.pdf. DOE has reviewed this 

proposed rule under the OMB and DOE 

guidelines and has concluded that it is 

consistent with applicable policies in 

those guidelines. 

K. Review Under Executive Order 13211 

E.O. 13211, ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use,’’ 66 

FR 28355 (May 22, 2001), requires 

Federal agencies to prepare and submit 

to OIRA at OMB, a Statement of Energy 

Effects for any proposed significant 

energy action. A ‘‘significant energy 

action’’ is defined as any action by an 

agency that promulgates or is expected 

to lead to promulgation of a final rule, 

and that (1) is a significant regulatory 

action under Executive Order 12866, or 

any successor order; and (2) is likely to 

have a significant adverse effect on the 

supply, distribution, or use of energy, or 

(3) is designated by the Administrator of 

OIRA as a significant energy action. For 

any proposed significant energy action, 

the agency must give a detailed 

statement of any adverse effects on 

energy supply, distribution, or use 

should the proposal be implemented, 

and of reasonable alternatives to the 

action and their expected benefits on 

energy supply, distribution, and use. 

This proposed rule, which would 

eliminate certain product classes for 

residential dishwashers, residential 

clothes washers, and consumer clothes 

dryers would not have a significant 

adverse effect on the supply, 

distribution, or use of energy and, 

therefore, is not a significant energy 

action. Accordingly, DOE has not 

prepared a Statement of Energy Effects 

on this proposed rule. 

VI. Public Participation 

A. Participation in the Webinar 

The time and date 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:https://

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 NOPR, 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 

requests to speak by email to 

ApplianceStandardsQuestions@

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 rulemaking 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 rulemaking 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 

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. antitrust 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 

rulemaking. 

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 rulemaking. 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 


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questions of participants concerning 

other matters relevant to this 

rulemaking. The official conducting the 

webinar/public meeting 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 NOPR. 

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 proposed 

rule before or after the public meeting, 

but no later than the date provided in 

the DATES section at the beginning of 

this proposed rule. Interested parties 

may submit comments, data, and other 

information using any of the methods 

described in the ADDRESSES section at 

the beginning of this document. 

Submitting comments via https://

www.regulations.gov. The https://

www.regulations.gov web page will 

require you to provide your name and 

contact information. Your contact 

information will be viewable to DOE 

Building Technologies staff only. Your 

contact information will not be publicly 

viewable except for your first and last 

names, organization name (if any), and 

submitter representative name (if any). 

If your comment is not processed 

properly because of technical 

difficulties, DOE will use this 

information to contact you. If DOE 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, DOE may not be 

able to consider your comment. 

However, your contact information 

will be publicly viewable if you include 

it in the comment 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. 

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 https://

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 https://

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 https://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 https://

www.regulations.gov provides after you 

have successfully uploaded your 

comment. 

Submitting comments via email. 

Comments and documents submitted 

via email will also be posted to https:// 

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 

telefacsimiles (faxes) will be accepted. 

Comments, data, and other 

information submitted to DOE 

electronically should be provided in 

PDF (preferred), Microsoft Word or 

Excel, WordPerfect, or text (ASCII) file 

format. Provide documents that are not 

secured, 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 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). 

VII. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

publication of this notice of proposed 

rulemaking. 

List of Subjects in 10 CFR Part 430 

Administrative practice and 

procedure, Confidential business 

information, Energy conservation, 

Household appliances, Imports, 

Incorporation by reference, 

Intergovernmental relations, Small 

businesses. 

Signing Authority 

This document of the Department of 

Energy was signed on July 30, 2021, by 

Dr. Kathleen B. Hogan, Acting Under 

Secretary for Energy and Science, 

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 August 3, 

2021. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

For the reasons set forth in the 

preamble, DOE proposes to amend part 

430 of chapter II, subchapter D, of title 

10 of the Code of Federal Regulations, 

as set forth below: 

PART 430—ENERGY CONSERVATION 

PROGRAM FOR CONSUMER 

PRODUCTS 

■ 1. The authority citation for part 430 

continues to read as follows: 

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

2461 note. 


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■ 2. Section 430.32 is amended by: 

■ a. Removing paragraph (f)(1)(iii); and 

■ b. Revising paragraphs (g)(4) and 

(h)(3). 

The revisions read as follows: 

§ 430.32 Energy and water conservation 

standards and their compliance dates. 

* * * * * 

(g) * * * 

(4) Clothes washers manufactured on 

or after January 1, 2018, shall have an 

Integrated Modified Energy Factor no 

less than, and an Integrated Water 

Factor no greater than: 

Product class 

Integrated 

modified 

energy factor 

(cu.ft./kWh/ 

cycle) 

Integrated 

water factor 

(gal/cycle/ 

cu.ft.) 

(i) Top-loading, Compact .........................................................................................................................................

(less than 1.6 ft3 capacity) ....................................................................................................................................... 1.15 12.0 

(ii) Top-loading, Standard ........................................................................................................................................

(1.6 ft3 or greater capacity) ..................................................................................................................................... 1.57 6.5 

(iii) Front-loading, Compact .....................................................................................................................................

(less than 1.6 ft3 capacity) ....................................................................................................................................... 1.13 8.3 

(iv) Front-loading, Standard .....................................................................................................................................

(1.6 ft3 or greater capacity) ..................................................................................................................................... 1.84 4.7 

(h) * * * (3) Clothes dryers manufactured on or 

after January 1, 2015, shall have a 

combined energy factor no less than: 

Product class 

Combined 

energy 

factor 

(lbs/kWh) 

(i) Vented Electric, Standard (4.4 ft3 or greater capacity) .................................................................................................................. 3.73 

(ii) Vented Electric, Compact (120V) (less than 4.4 ft3 capacity) ....................................................................................................... 3.61 

(iii) Vented Electric, Compact (240V) (less than 4.4 ft3 capacity) ...................................................................................................... 3.27 

(iv) Vented Gas .................................................................................................................................................................................... 3.30 

(v) Ventless Electric, Compact (240V) (less than 4.4 ft3 capacity) .................................................................................................... 2.55 

(vi) Ventless Electric, Combination Washer-Dryer .............................................................................................................................. 2.08 

* * * * * 

[FR Doc. 2021–16830 Filed 8–10–21; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

21 CFR Part 1308 

[Docket No. DEA–397] 

Schedules of Controlled Substances: 

Placement of Mesocarb in Schedule I 

AGENCY: Drug Enforcement 

Administration, Department of Justice. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Drug Enforcement 

Administration proposes placing the 

substance mesocarb (chemical name: Nphenyl-N′-(3-(1-phenylpropan-2-yl)- 

1,2,3-oxadiazol-3-ium-5- 

yl)carbamimidate), including its salts, 

isomers, and salts of isomers, in 

schedule I of the Controlled Substances 

Act. This action is being taken to enable 

the United States to meet its obligations 

under the 1971 Convention on 

Psychotropic Substances. If finalized, 

this action would impose the regulatory 

controls and administrative, civil, and 

criminal sanctions applicable to 

schedule I controlled substances on 

persons who handle (manufacture, 

distribute, reverse distribute, import, 

export, engage in research, conduct 

instructional activities or chemical 

analysis with, or possess), or propose to 

handle, mesocarb. 

DATES: Comments must be submitted 

electronically or postmarked, on or 

before October 12, 2021. 

Interested persons may file a request 

for hearing or waiver of hearing 

pursuant to 21 CFR 1308.44 and in 

accordance with 21 CFR 1316.45 and/or 

1316.47, as applicable. Requests for 

hearing and waivers of an opportunity 

for a hearing or to participate in a 

hearing, together with a written 

statement of position on the matters of 

fact and law asserted in the hearing, 

must be received on or before 

September 10, 2021. 

ADDRESSES: Interested persons may file 

written comments on this proposal in 

accordance with 21 CFR 1308.43(g). 

Commenters should be aware that the 

electronic Federal Docket Management 

System will not accept comments after 

11:59 p.m. Eastern Time on the last day 

of the comment period. To ensure 

proper handling of comments, please 

reference ‘‘Docket No. DEA–397’’ on all 

electronic and written correspondence, 

including any attachments. 

• Electronic comments: Drug 

Enforcement Administration (DEA) 

encourages that all comments be 

submitted electronically through the 

Federal eRulemaking Portal, which 

provides the ability to type short 

comments directly into the comment 

field on the web page or attach a file for 

lengthier comments. Please go to http:// 

www.regulations.gov and follow the online instructions at that site for 

submitting comments. Upon completion 

of your submission, you will receive a 

Comment Tracking Number. Please be 

aware that submitted comments are not 

instantaneously available for public 

view on http://www.regulations.gov. If 

you have received a Comment Tracking 

Number, your comment has been 

submitted successfully, and there is no 

need to resubmit the same comment. 

• Paper comments: Paper comments 

that duplicate electronic submissions 

are not necessary and are discouraged. 

Should you wish to mail a paper 

comment in lieu of an electronic 

comment, send via regular or express 

mail to: Drug Enforcement 


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