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Federal Register / Vol. 86, No. 243 / Wednesday, December 22, 2021 / Proposed Rules
order to ensure that the testing of all dishwashers more accurately measures energy and water use during representative consumer use i.e., completely washing a normally soiled load of dishes, DOE is proposing to adopt a cleaning performance threshold.
Further, under 42 U.S.C. 6293e1, DOE is required to determine whether an amended test procedure will alter the measured energy use of any covered product. If an amended test procedure does alter measured energy use, DOE is required to make a corresponding adjustment to the applicable energy conservation standard to ensure that minimally-compliant covered products remain compliant. 42 U.S.C. 6293e2
The measured energy use of certain dishwashers could change if a moreenergy intensive cycle is required to verify that a dishwasher model completely washes a normally soiled load of dishes i.e., dishwashers for which the cycle recommended in the manufacturers instructions for daily, regular, or typical use to completely wash a full load of normally soiled dishes does not completely wash a full load of normally soiled dishes.
However, DOE does not expect that this proposal would impact the measured energy of dishwasher models for which the normal cycle completely washes a full load of normally soiled dishes as required by the current DOE test procedure. Further, DOE does not expect that this proposal would impact minimally compliant models. As discussed in the December 2016 Final Determination, DOE relied on cleaning performance data from the ENERGY
STAR Cleaning Performance Test Method, which showed that cleaning performance began to drop off at energy and water consumptions below Efficiency Level 3 255kWh/year and 3.1
gal/cycle. 81 FR 90072, 90082.
Additionally, testing conducted in support of the October 2020 Final Rule included two minimally-compliant units, both of which exceeded the proposed cleaning index threshold of 65
at each of the three soil loads on the normal cycle. As such, DOE expects that manufacturers would likely be able to maintain cleaning performance, up to a score of 70, with a maximum energy consumption between 250 and 260
kWh/year and water consumption at 3.1
gal/cycle. DOE has tentatively determined that this proposal would not require an adjustment to the energy conservation standard for dishwashers to ensure that minimally-compliant dishwashers remain compliant.
DOE requests feedback on its proposed approach to ensure that the test procedure produces test results
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which measure energy use and water use during a representative average use cycle.
DOE requests comment on its proposal that, if a test cycle at a particular soil level is re-tested using the most energy-intensive cycle, the filter should be cleaned prior to testing the soil level at the most energyintensive cycle.
DOE requests feedback on its proposal to require testing non-soil-sensing dishwashers using a soiled load for the purpose of being able to evaluate the cleaning index of each tested cycle.
DOE requests comment on its proposed approach for non-soil-sensing dishwashers; particularly that if a tested soil load meets the defined threshold criteria when tested on the normal cycle, no additional testing is required of cycles with lesser soil loads.
DOE requests comment and data on the test cycles currently selected by manufacturers for rating the energy and water use of dishwashers compared to the test cycles that would be selected under the proposed cleaning index threshold of 65 as a condition for a valid test cycle. In particular, DOE requests data on the extent to which manufacturers would need to test a more-energy intensive cycle, or redefine the normal cycle, to meet the proposed cleaning index threshold of 65.
DOE requests information on other potential methods to validate that the measured energy and water consumption of dishwashers is representative of consumer use, such as the example approaches of applying an adder or multiplicative factor to the energy and water consumption values for any test cycles that do not achieve the defined cleaning index threshold. If stakeholders recommend such an approach, DOE requests data and information that could be used to determine this factor.
DOE requests comment and related supporting data on whether this proposal would result in an altered measured energy use for dishwashers that are currently minimally-compliant with the existing energy conservation standards for dishwashers.
DOE notes that compact dishwashers that are non-soil-sensing are currently tested at the manufacturer-stated capacity, if the capacity of the dishwasher is less than eight place settings. Section 2.6.2 of appendix C1.
Under the proposal to test non-soilsensing dishwashers with a soiled load, the instructions specify that compact dishwashers must be tested using four place settings plus six serving pieces, and that some of the place settings are soiled for the different soiled loads.

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However, DOE is aware that the rated capacity of some compact, non-soilsensing dishwashers is less than four place settings e.g., the basic models for which CNA and FOTILE submitted waiver petitions and discussed in Sections III.D.5 and III.D.6, respectively, of this document. For such dishwashers, as well as any soil-sensing compact dishwashers that have a rated capacity of less than four place settings, DOE proposes the following requirements for soiling the test load:
Heavy soil load: Soil two-thirds of the place settings, excluding flatware and serving pieces rounded up to the nearest integer or one place setting, whichever is greater;
Medium soil load: Soil one-quarter of the place settings, excluding flatware and serving pieces rounded up to the nearest integer or one place setting, whichever is smaller;
Light soil load: Soil one-quarter of the place settings, excluding flatware and serving pieces rounded up to the nearest integer or one place setting, whichever is smaller, using half the quantity of soils specified for one place setting.
DOE requests comment on whether the soil loads proposed for compact dishwashers that have a capacity of less than four place settings is appropriate.
If stakeholders recommend different quantity of soils for such dishwashers, DOE requests feedback on the soil level that should be used for such small capacity dishwashers.
4. Determining the Most EnergyIntensive Cycle To determine the most energyintensive cycle that achieves a cleaning index of 65 or greater for a given soil load, if the normal cycle does not achieve this threshold level, DOE
proposes a new Section 4.1.1 in appendix C1 and newly proposed appendix C2 to provide instructions for determining the most energy-intensive cycle type, to be conducted only if required for this purpose. DOE proposes that the most energy-intensive cycle would be determined by conducting a single test cycle with a clean test load for each available cycle e.g., Normal, Heavy Duty, Pots and Pans, etc..
DOE also considered that the most energy-intensive cycle be determined for each sensor response test cycle using the respective soil load i.e., the most energy-intensive sensor heavy response test cycle would require testing each available cycle type with the heavy soil load; the most energy-intensive sensor medium response and sensor light response test cycles would be determined similarly. However, DOE is
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