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Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Proposed Rules
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activation lock at 42 U.S.C.
6295e6A. These products are intended for use as part of an electric thermal storage or demand response program. Among the criteria that define a grid-enabled water heater is an energy-related performance standard that is either an energy factor EF
specified by a formula set forth in the statute, or an equivalent alternative standard that DOE may prescribe. 42
U.S.C. 6295e6AiiIIIaa and bb In addition, the EEIA 2015 amendments to EPCA also directed DOE to require reporting on shipments and activations of grid-enabled water heaters and to establish procedures, if appropriate, to prevent product diversion for nonprogram purposes, and to publish related results. 42 U.S.C. 6295e6C
D EEIA 2015 also required DOE to treat shipment data reported by manufacturers as confidential business information. 42 U.S.C.
6295e6Ciii On August 11, 2015, DOE published a final rule August 2015
final rule in the Federal Register that added definitions for grid-enabled water heater and activation lock to 10 CFR 430.2 and energy conservation standards for grid-enabled water heaters to 10 CFR 430.32d. 80 FR 48004, 4800948010. The August 2015 final rule did not establish provisions to require the reporting of shipments by manufacturers.
In this NOPR, DOE proposes to require each manufacturer to report annual shipments of their grid-enabled water heaters and to treat the annual shipments of grid-enabled water heaters as confidential business information.
6. Dishwashers Dishwashers are included in the list of covered products for which DOE is authorized to establish and amend test procedures and energy conservation standards. 42 U.S.C. 6292a6 DOEs test procedures for dishwashers are currently prescribed at 10 CFR 430.23c and appendix C1 to subpart B of 10 CFR
part 430 appendix C1. DOEs energy conservation standards for dishwashers are currently prescribed at 10 CFR
430.32f.
In a direct final rule published on May 30, 2012 May 2012 direct final rule, DOE amended the energy conservation standards and water use standards for dishwashers consistent with the levels submitted in a petition by groups representing manufacturers, energy and environmental advocates, and consumer groups. 77 FR 31918, 31919. Compliance with the standards established in the May 2012 direct final rule was required beginning May 30, 2013. Id. at 77 FR 31918. In a final
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determination published on December 13, 2016, DOE concluded that the 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.
DOE most recently amended its dishwasher test procedures in a final rule published October 31, 2012, which established appendix C1. 77 FR 65942, 65947. Appendix C1 is currently required to demonstrate compliance with the energy conservation standards prescribed at 10 CFR 430.32f. The current version of the DOE test procedure includes provisions for determining estimated annual energy use and per-cycle water consumption, among other metrics. 10 CFR 430.23c In this NOPR, DOE proposes adding a certification reporting requirement to ensure that any assessment or enforcement testing pursuant to 10 CFR
429.104 and 429.110, respectively, would be performed using the same detergent used by the manufacturer for certifying compliance with the energy conservation standards.
7. Commercial Clothes Washers CCWs 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. 63111H
EPCA requires the test procedures for CCWs to be the same as those established for consumer residential clothes washers RCWs. 42 U.S.C.
6314a8 DOEs test procedures for CCWs are currently prescribed at 10
CFR 431.154 and reference DOEs test procedure for RCWs currently prescribed at appendix J2 to subpart B
of 10 CFR part 430 appendix J2.9
DOEs energy conservation standards for CCWs are prescribed at 10 CFR
431.156b.
In a final rule published on December 15, 2014, DOE amended the energy conservation standards and water standards for CCWs. 79 FR 74492
December 2014 Standards Final Rule. Compliance with the standards established in the December 2014
Standards Final Rule was required beginning January 1, 2018. Id.
9 The test procedures for CCWs prescribed at 10
CFR 431.154 also reference appendix J1 to subpart B of 10 CFR part 430 appendix J1. For CCWs, Appendix J1 is required to demonstrate compliance with energy conservation standards applicable to CCWs manufactured before January 1, 2018. Any representations of compliance with the standards applicable to CCWs manufactured on or after January 1, 2018 must be based upon results generated using appendix J2.

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DOE most recently amended its CCW
test procedures in a final rule published December 3, 2014. 79 FR 71624
December 2014 TP Final Rule. The December 2014 TP Final Rule amended 10 CFR 431.152 to provide definitions for integrated water factor IWF and modified energy factor value calculated using appendix J2 MEFJ2the metrics on which the current energy conservation standards are based among other minor changes.
In this NOPR, DOE proposes to require reporting model characteristics used for determining applicable standards and for conducting productspecific enforcement provisions for clothes washers which includes CCWs, and to specify rounding instructions for each newly reported value.
8. Battery Chargers Battery chargers are covered products for which DOE is authorized to establish and amend energy conservation standards and test procedures. 42 U.S.C. 6295u DOEs energy conservation standards for battery chargers are currently prescribed at 10 CFR 430.32z. The test procedures for battery chargers are currently prescribed at 10 CFR part 430, subpart B appendix Y, Uniform Test Method for Measuring the Energy Consumption of Battery Chargers appendix Y.
The sampling and reporting requirements for battery chargers are set forth in 10 CFR 429.39.
On May 20, 2016, DOE published a final rule that established the test procedure for battery chargers at appendix Y. 81 FR 31827. In that final rule, DOE updated the battery selection criteria for multi-voltage, multi-capacity battery chargers; harmonized the instrumentation resolution and uncertainty requirements with the second edition of the International Electrotechnical Commission IEC
62301 standard for measuring standby power; defined and excluded back-up battery chargers from the testing requirements; outlined provisions for conditioning lead acid batteries;
specified sampling and certification requirements; and corrected typographical errors in the current test procedure. Id.
On June 13, 2016, DOE established the current energy conservation standards for battery chargers, expressed as the maximum allowable unit energy consumption kWh/yr as a function of battery energy and voltage. 81 FR
38266.
Consistent with these prior regulatory amendments affecting battery chargers, this proposal would establish an annual filing date by which manufacturers
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