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Federal Register / Vol. 86, No. 243 / Wednesday, December 22, 2021 / Proposed Rules
for and incorporate standby and off mode energy consumption or such integration is technically infeasible. If an integrated test procedure is technically infeasible, DOE must prescribe a separate standby mode and off mode energy use test procedure for the covered product, if technically feasible. 42 U.S.C. 6295gg2Aii Any such amendment must consider the most current versions of the IEC
Standard 62301 and IEC Standard 62087
as applicable. 42 U.S.C. 6295gg2A
DOE is proposing amendments to the test procedure for dishwashers in satisfaction of its statutory obligations under EPCA.
In this NOPR, DOE proposes to incorporate by reference into 10 CFR
part 430 the new industry standard, AHAM DW12020, and update the industry standard incorporated by reference in 10 CFR part 430 from ANSI/AHAM DW12010 to AHAM
DW22020. Specifically, DOE proposes to:
1 Incorporate by reference AHAM
DW12020 into 10 CFR part 430 and apply certain provisions of the industry standards to appendix C1, including the following:
a. Add the water hardness specification in Section 2.11 of AHAM
DW12020;
b. Add the relative humidity specification in Section 2.5.1 of AHAM
DW12020 and the associated tolerance for the measurement instrument in Section 3.7 of AHAM
DW12020;
c. Update the active mode ambient temperature as specified in Section 2.5.1
of AHAM DW12020;
d. Update the loading pattern requirement by applying the direction specified in Section 2.6 of AHAM DW
12020;
e. Update the specifications for detergent usage consistent with Section 2.10 of AHAM DW12020. This includes changing the type of detergent used, and the calculation of detergent dosage to be used for the pre-wash and main-wash cycles of dishwashers other than water re-use system dishwashers;
f. Add specific dishwasher door configuration requirements during standby mode testing, by incorporating the specifications in Section 4.2 of AHAM DW12020 and update the annual combined low-power mode hours based on cycle duration; and, g. Incorporate the requirements from AHAM DW12020 for the test methods pertaining to two granted waivers for dishwashers with specific design features.
2 Establish new appendix C2, which would generally require testing as in
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appendix C1, with the following additional update:
a. Updated number of annual cycles and low-power mode hours used for calculating the estimated annual energy use as specified in Section 5 of AHAM
DW12020.
For both, appendices C1 and C2, DOE
additionally proposes to:
1 Specify provisions for scoring the test load and calculating a per-cycle cleaning index metric as specified in AHAM DW22020 and establish a minimum cleaning index threshold of 65 as a condition for a test cycle to be valid.
2 Incorporate the test methods specified in a waiver for testing a basic model of dishwashers that does not hook up to a water supply line but has a manually filled, built-in water tank.
Additionally, incorporate the test methods specified in a waiver for basic models of dishwashers that are installed in-sink as opposed to built-in to the cabinetry or placed on countertops.
The Small Business Administration SBA considers a business entity to be small business, if, together with its affiliates, it employs less than a threshold number of workers specified in 13 CFR part 121. DOE used SBAs small business size standards to determine whether any small entities would be subject to the requirements of the rule. These size standards and codes are established by the North American Industry Classification System NAICS and are available at www.sba.gov/document/support--tablesize-standards. Dishwashers are classified under NAICS 335220, Major Household Appliance Manufacturing.
The SBA sets a threshold of 1,500
employees or fewer for an entity to be considered as a small business for this category.
DOE used DOEs Compliance Certification Database 40 and California Energy Commissions Modernized Appliance Efficiency Database System MAEDbS 41 to create a list of companies that sell dishwashers covered by this rulemaking in the United States. DOE consulted publicly available data to identify original equipment manufacturers OEMs.
DOE relied on public data and subscription-based business information tools to determine company location, headcount, and annual revenue.
DOE identified 14 companies that are OEMs of dishwashers. In reviewing the 40 www.regulations.doe.gov/certification-data.

Last accessed April 22, 2021.
41 cacertappliances.energy.ca.gov/Pages/Search/
AdvancedSearch.aspx. Last accessed April 22, 2021.

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14 OEMs, DOE did not identify any domestic companies that met the SBA
criteria for a small entity. Given the lack of small entities with a direct compliance burden, DOE concludes that the impacts of the proposed test procedure amendments outlined in this NOPR would not have a significant economic 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. 605b.
DOE seeks comment on its findings that there are no small businesses that are OEMs of dishwashers in the United States. DOE also seeks comment on its conclusion that the proposed test procedure amendments would not have significant impacts on a substantial number of small manufacturers.
C. Review Under the Paperwork Reduction Act of 1995
Manufacturers of dishwashers must certify to DOE that their products comply with any applicable energy conservation standards. To certify compliance, manufacturers must first obtain test data for their products according to the DOE test procedures, 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 dishwashers. See generally 10 CFR part 429. The collection-ofinformation 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 19101400. 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 In this proposed rule, DOE proposes test procedure amendments that it expects will be used to develop and
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