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Federal Register / Vol. 86, No. 243 / Wednesday, December 22, 2021 / Proposed Rules of the proposed updates and additions to industry standards referenced in the test procedure for dishwashers.
DOE notes that certain of its proposed modifications would not require retesting and recertification of dishwasher basic models as compared to adopting AHAM DW12020 and AHAM DW22020 without modification, while maintaining the representativeness of the DOE test procedure. DOE is proposing to maintain the list of test load items currently in appendix C1 as an alternative to the test load items specified in AHAM DW12020, so test laboratories that currently have the test load items are not required to purchase new items. The proposal to maintain the current detergent and dosage requirements as alternatives to the detergent and dosage requirements specified in AHAM DW12020 would allow manufacturers to continue to rely on existing test data and would not require re-testing or re-certification of dishwashers on the market.
Additionally, DOE is proposing to maintain the annual number of cycles and low-power mode hours currently specified in appendix C1 because these values can impact the EAEU, which provides the basis for the existing energy conservation standards. DOE
proposes to adopt the annual number of cycles and low-power mode hours from AHAM DW12020 for the newly proposed appendix C2, which would be applicable upon the compliance date of any future amended energy conservation standards for dishwashers.
DOE is also proposing to adopt the test procedure waiver provisions applicable to dishwashers for which water is supplied through a manually filled attached tank and for in-sink dishwashers without a main detergent compartment. AHAM DW12020 does not have comparable provisions. The DOE proposal would eliminate the need of manufacturers of such products from having to seek waivers and thereby reduce compliance burden. These modifications would ensure, as required by EPCA, that the DOE test procedure is not unduly burdensome to conduct.
Additionally, AHAM DW12020
references the relevant sections of AHAM DW22020 and IEC 62301 Ed.
2.0 for the requirements where appendix C1 currently references ANSI/
AHAM DW12010 and IEC 62301 Ed.
2.0, respectively. Further, DOEs proposal to incorporate a methodology for measuring cleaning performance and including a consumer-representative minimum cleaning performance threshold as a condition for a cycle to
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be valid is to be referenced from the relevant sections of AHAM DW22020.
L. Compliance Date and Waivers EPCA prescribes that, if DOE amends a test procedure, all representations of energy efficiency and energy use, including those made on marketing materials and product labels, must be made in accordance with that amended test procedure, beginning 180 days after publication of such a test procedure final rule in the Federal Register. 42
U.S.C. 6293c2
If DOE were to publish an amended test procedure, EPCA provides an allowance for individual manufacturers to petition DOE for an extension of the 180-day period if the manufacturer may experience undue hardship in meeting the deadline. 42 U.S.C. 6293c3 To receive such an extension, petitions must be filed with DOE no later than 60
days before the end of the 180-day period and must detail how the manufacturer will experience undue hardship. Id.
Upon the compliance date of an amended test procedure, should DOE
issue such an amendment, any waivers that had been previously issued and are in effect that pertain to issues addressed by the amended test procedure are terminated. 10 CFR 430.27h3.
Recipients of any such waivers would be required to test the products subject to the waiver according to the amended test procedure as of the compliance date of the amended test procedure. The amendments proposed in this NOPR
pertain to issues addressed by waivers granted to Whirlpool, Case No. DW011, Miele, Case No. DW012, CNA, Case No. 2020008, and FOTILE, Case No.
2020020. 78 FR 65629, 82 FR 17227, 85
FR 79171, and 86 FR 26712, respectively.
IV. Procedural Issues and Regulatory Review A. Review Under Executive Order 12866
The Office of Management and Budget OMB has determined that this test procedure does not constitute a significant regulatory action under Section 3f of Executive Order E.O.
12866, Regulatory Planning and Review, 58 FR 51735 Oct. 4, 1993. Accordingly, this action was not subject to review under the Executive Order by the Office of Information and Regulatory Affairs OIRA in OMB.
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
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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 Executive Order 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 DOE
rulemaking process. 68 FR 7990. DOE
has made its procedures and policies available on the Office of the General Counsels website: www.energy.gov/gc/
office-general-counsel.
DOE reviewed this proposed rule under the provisions of the Regulatory Flexibility Act and the procedures and policies published on February 19, 2003. DOE certifies that the proposed rule, if adopted, would not have significant economic impact on a substantial number of small entities.
The factual basis of this certification is set forth in the following paragraphs.
Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures DOE must follow when prescribing or amending test procedures for covered products.
EPCA requires that any test procedures prescribed or amended under this section be reasonably designed to produce test results which measure energy efficiency, energy use or estimated annual operating cost of a covered product during a representative average use cycle or period of use and not be unduly burdensome to conduct.
42 U.S.C. 6293b3
EPCA also requires that, at least once every 7 years, DOE evaluate test procedures for each type of covered product, including dishwashers, to determine whether amended test procedures would more accurately or fully comply with the requirements for the test procedures to not be unduly burdensome to conduct and be reasonably designed to produce test results that reflect energy efficiency, energy use, and estimated operating costs during a representative average use cycle or period of use. 42 U.S.C.
6293b1A
In addition, EPCA requires that DOE
amend its test procedures for all covered products to integrate measures of standby mode and off mode energy consumption. 42 U.S.C. 6295gg2A
Standby mode and off mode energy consumption must be incorporated into the overall energy efficiency, energy consumption, or other energy descriptor for each covered product unless the current test procedures already account
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