83_FR_17847 83 FR 17768 - Energy Conservation Program: Energy Conservation Standards for Dishwashers, Notification of Petition for Rulemaking

83 FR 17768 - Energy Conservation Program: Energy Conservation Standards for Dishwashers, Notification of Petition for Rulemaking

DEPARTMENT OF ENERGY

Federal Register Volume 83, Issue 79 (April 24, 2018)

Page Range17768-17777
FR Document2018-08521

On March 21, 2018, the Department of Energy (DOE) received a petition from the Competitive Enterprise Institute (CEI) to define a new product class under the Energy Policy and Conservation Act (EPCA) for residential dishwashers. The new product class would cover dishwashers with a cycle time of less than one hour from washing through drying. Through this notification, DOE seeks comment on the petition, as well as any data or information that could be used in DOE's determination whether to proceed with the petition.

Federal Register, Volume 83 Issue 79 (Tuesday, April 24, 2018) 
[Federal Register Volume 83, Number 79 (Tuesday, April 24, 2018)]
[Proposed Rules]
[Pages 17768-17777]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08521]


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DEPARTMENT OF ENERGY

10 CFR Part 430


Energy Conservation Program: Energy Conservation Standards for 
Dishwashers, Notification of Petition for Rulemaking

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Notification of petition for rulemaking; request for comment.

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SUMMARY: On March 21, 2018, the Department of Energy (DOE) received a 
petition from the Competitive Enterprise Institute (CEI) to define a 
new product class under the Energy Policy and Conservation Act (EPCA) 
for residential dishwashers. The new product class would cover 
dishwashers with a cycle time of less than one hour from washing 
through drying. Through this notification, DOE seeks comment on the 
petition, as well as any data or information that could be used in 
DOE's determination whether to proceed with the petition.

DATES: Written comments and information are requested on or before June 
25, 2018.

ADDRESSES: Interested persons are encouraged to submit comments, 
identified by ``Dishwasher Petition,'' by any of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    Mail: Appliance and Equipment Standards Program, U.S. Department of 
Energy, Building Technologies Office, Mailstop EE-5B, 1000 Independence 
Avenue SW, Washington, DC 20585-0121. If possible, please submit all 
items on a compact disc (CD), in which case it is not necessary to 
include printed copies.
    Hand Delivery/Courier: Appliance and Equipment Standards Program, 
U.S. Department of Energy, Building Technologies Office, 950 L'Enfant 
Plaza SW, Suite 600, Washington, DC 20024. Telephone: (202) 586-6636. 
If possible, please submit all items on a CD, in which case it is not 
necessary to include printed copies.
    Docket: For access to the docket to read background documents, or 
comments received, go to the Federal eRulemaking Portal at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Elizabeth Kohl, U.S. Department of 
Energy, Office of the General Counsel, 1000 Independence Avenue SW, 
Washington, DC 20585. Email: Elizabeth.Kohl@hq.doe.gov; 202-586-7796.

SUPPLEMENTARY INFORMATION: The Administrative Procedure Act (APA), 5 
U.S.C. 551 et seq., 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)) Pursuant to this 
provision of the APA, CEI petitioned DOE for the issuance of a new 
rule, as described in this notification and set forth below, 
verbatim.\1\ In promulgating this petition for public comment, the 
Department of Energy is seeking views on whether it should grant the 
petition and undertake a rulemaking to consider the proposal contained 
in the petition. By seeking comment on whether to grant this petition, 
the Department of Energy takes no position at this time regarding the 
merits of the suggested rulemaking.
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    \1\ Attachments and data submitted by CEI with its petition for 
rulemaking are available in the docket at http://www.regulations.gov.
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    On March 21, 2018, CEI petitioned DOE to initiate a rulemaking to 
define a new product class under 42 U.S.C. 6295(q) for residential 
dishwashers. (The petition is presented at the end of this document.) 
The new product class would cover dishwashers with a cycle time of less 
than one hour from washing through drying. CEI did not suggest specific 
energy and water requirements for this new product class, stating that 
these details could be determined during the course of the rulemaking. 
CEI stated that dishwasher cycle times have become dramatically longer 
under existing DOE energy conservation standards, and that consumer 
satisfaction/utility has dropped as a result of these longer cycle 
times. CEI also provided data regarding the increase in dishwasher 
cycle time, including data that correlated increased cycle time with 
DOE's adoption of amended efficiency standards for dishwashers.
    CEI cites to section 6295(q) of EPCA as the authority for DOE to 
undertake the requested rulemaking. Section 6295(q) requires that DOE, 
for a rule prescribing an energy conservation standard for a type (or 
class) of covered products, specify a level of energy use or efficiency 
higher or lower than the level that applies (or would apply) to such 
type (or class) for any group of covered products that have the same 
function or intended use, if DOE determines that covered products 
within such group either: (1) Consume a different kind of energy from 
that consumed by other covered products within such type (or class); or 
(2) have a capacity or other performance-related feature that other 
products within such type (or class) do not have, and such feature 
justifies a higher or lower standard from that which applies (or will 
apply) to other products within such type (or class). In making a 
determination under paragraph (q) concerning whether a performance-
related feature justifies a higher or lower standard, DOE must consider 
such factors as the utility to the consumer of

[[Page 17769]]

the feature, and other appropriate factors. In any rule prescribing a 
higher or lower level of energy use or efficiency, DOE must explain the 
basis on which the higher or lower level was established. CEI asserts 
that given the significant amount of consumer dissatisfaction with 
increased dishwasher cycle time, cycle time is a ``performance-related 
feature'' that provides substantial consumer utility, as required by 
EPCA for the establishment of a product class with a higher or lower 
energy use or efficiency standard that the standard applicable to other 
dishwasher product classes.
    CEI also cites to 42 U.S.C. 6295(o)(4), which prohibits DOE from 
prescribing a standard that interested person have established by a 
preponderance of the evidence would likely result in the unavailability 
in the United States in any covered product type (or class) of 
performance characteristics, features, sizes, capacities, and volumes 
that are substantially the same as those generally available in the 
United States at the time of DOE's finding. CEI states that despite 
this prohibition, it appears that dishwasher cycle time have been 
impaired by the DOE standards and that many machines with shorter cycle 
times are no longer available.
    In its petition, CEI proposes a cycle time of 1 hour as the 
defining characteristic for the suggested new product class, because 1 
hour is substantially below all current products on the market. CEI 
states that energy efficiency standards for current products would 
therefore not change with the addition of the new product class, and 
that no backsliding would occur for the energy standards already in 
place. Specifically, 42 U.S.C. 6295(o)(1) prohibits DOE from 
prescribing a standard that increases the maximum allowable energy use, 
or in the case of showerheads, faucets, water closets or urinals, water 
use, or decreases the minimum required energy efficiency, of a covered 
product.

Submission of Comments

    DOE invites all interested partied to submit in writing by June 25, 
2018 comments and information regarding this petition.
    Submitting comments via http://www.regulations.gov. The http://www.regulations.gov web page will require you to provide your name and 
contact information prior to submitting comments. 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 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 http://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 
http://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 http://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 http://www.regulations.gov provides after you have successfully uploaded your 
comment.
    Submitting comments via hand delivery, or mail. Comments and 
documents submitted via hand delivery or mail also will be posted to 
http://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 on 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 in your cover letter each time you 
submit comments, data, documents, and other information to DOE. If you 
submit via mail or hand delivery, please provide all items on a CD, if 
feasible. It is not necessary to submit printed copies. No facsimiles 
(faxes) will be accepted.
    Comments, data, and other information submitted electronically 
should be provided in PDF (preferred), Microsoft Word or Excel, 
WordPerfect, or text (ASCII) file format. Provide documents that are 
not secured, written in English and 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. According 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, postal mail, or hand delivery 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. 
Submit these documents via email or on a CD, if feasible. DOE will make 
its own determination about the confidential status of the information 
and treat it according to its determination.

[[Page 17770]]

    Factors of interest to DOE when evaluating requests to treat 
submitted information as confidential include (1) a description of the 
items, (2) whether and why such items are customarily treated as 
confidential within the industry, (3) whether the information is 
generally known by or available from other sources, (4) whether the 
information has previously been made available to others without 
obligation concerning its confidentiality, (5) an explanation of the 
competitive injury to the submitting person which would result from 
public disclosure, (6) when such information might lose its 
confidential character due to the passage of time, and (7) why 
disclosure of the information would be contrary to the public interest.
    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).
    DOE considers public participation to be a very important part of 
its process for considering rulemaking petitions. DOE actively 
encourages the participation and interaction of the public during the 
comment period. Interactions with and between members of the public 
provide a balanced discussion of the issues and assist DOE in 
determining how to proceed with a petition. Anyone who wishes to be 
added to the DOE mailing list to receive future notices and information 
about this petition should contact Appliance and Equipment Standards 
Program staff at (202) 586-6636 or via email at 
ApplianceStandardsQuestions@ee.doe.gov.

Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this 
notification of petition for rulemaking.

    Issued in Washington, DC, on April 18, 2018.
Daniel R. Simmons,
Principal Deputy Assistant Secretary, Energy Efficiency and Renewable 
Energy.
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[FR Doc. 2018-08521 Filed 4-23-18; 8:45 am]
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17768 Federal Register / Vol. 83, No. 79 / Tuesday, April 24, 2018 / Proposed Rules (d) From subsection (e)(2) (Collection of ACTION:Notification of petition for notification and set forth below, Information from Individuals) because rulemaking; request for comment. verbatim.1 In promulgating this petition requiring that information be collected from for public comment, the Department of the subject of an investigation would alert the SUMMARY: On March 21, 2018, the Energy is seeking views on whether it subject to the nature or existence of the Department of Energy (DOE) received a investigation, thereby interfering with that should grant the petition and undertake petition from the Competitive Enterprise a rulemaking to consider the proposal investigation and related law enforcement Institute (CEI) to define a new product activities. contained in the petition. By seeking class under the Energy Policy and comment on whether to grant this (e) From subsection (e)(3) (Notice to Subjects) because providing such detailed Conservation Act (EPCA) for residential petition, the Department of Energy takes information could impede law enforcement dishwashers. The new product class no position at this time regarding the by compromising the existence of a would cover dishwashers with a cycle merits of the suggested rulemaking. confidential investigation or reveal the time of less than one hour from washing On March 21, 2018, CEI petitioned identity of witnesses or confidential through drying. Through this DOE to initiate a rulemaking to define informants. notification, DOE seeks comment on the a new product class under 42 U.S.C. (f) From subsections (e)(4)(G) and (e)(4)(H), petition, as well as any data or 6295(q) for residential dishwashers. (Agency Requirements) and (f) (Agency information that could be used in DOE’s Rules), because portions of this system are (The petition is presented at the end of determination whether to proceed with this document.) The new product class exempt from the individual access provisions of subsection (d) for the reasons noted above, the petition. would cover dishwashers with a cycle and therefore DHS is not required to establish DATES: Written comments and time of less than one hour from washing requirements, rules, or procedures with information are requested on or before through drying. CEI did not suggest respect to such access. Providing notice to June 25, 2018. specific energy and water requirements individuals with respect to existence of ADDRESSES: Interested persons are for this new product class, stating that records pertaining to them in the system of encouraged to submit comments, these details could be determined records or otherwise setting up procedures during the course of the rulemaking. CEI pursuant to which individuals may access identified by ‘‘Dishwasher Petition,’’ by any of the following methods: stated that dishwasher cycle times have and view records pertaining to themselves in the system would undermine investigative Federal eRulemaking Portal: http:// become dramatically longer under efforts and reveal the identities of witnesses, www.regulations.gov. Follow the existing DOE energy conservation and potential witnesses, and confidential instructions for submitting comments. standards, and that consumer informants. Mail: Appliance and Equipment satisfaction/utility has dropped as a (g) From subsection (e)(5) (Collection of Standards Program, U.S. Department of result of these longer cycle times. CEI Information) because with the collection of Energy, Building Technologies Office, also provided data regarding the information for law enforcement purposes, it Mailstop EE–5B, 1000 Independence increase in dishwasher cycle time, is impossible to determine in advance what Avenue SW, Washington, DC 20585– including data that correlated increased information is accurate, relevant, timely, and 0121. If possible, please submit all items cycle time with DOE’s adoption of complete. Compliance with subsection (e)(5) would preclude DHS agents from using their on a compact disc (CD), in which case amended efficiency standards for investigative training and exercise of good it is not necessary to include printed dishwashers. judgment to both conduct and report on copies. CEI cites to section 6295(q) of EPCA investigations. Hand Delivery/Courier: Appliance as the authority for DOE to undertake (h) From subsection (e)(8) (Notice on and Equipment Standards Program, U.S. the requested rulemaking. Section Individuals) because compliance would Department of Energy, Building 6295(q) requires that DOE, for a rule interfere with DHS’s ability to obtain, serve, Technologies Office, 950 L’Enfant Plaza prescribing an energy conservation and issue subpoenas, warrants, and other law SW, Suite 600, Washington, DC 20024. standard for a type (or class) of covered enforcement mechanisms that may be filed Telephone: (202) 586–6636. If possible, products, specify a level of energy use under seal and could result in disclosure of please submit all items on a CD, in or efficiency higher or lower than the investigative techniques, procedures, and evidence. which case it is not necessary to include level that applies (or would apply) to (i) From subsections (g)(1) through (5) printed copies. such type (or class) for any group of (Civil Remedies) to the extent that the system Docket: For access to the docket to covered products that have the same is exempt from other specific subsections of read background documents, or function or intended use, if DOE the Privacy Act. comments received, go to the Federal determines that covered products eRulemaking Portal at http:// within such group either: (1) Consume Philip S. Kaplan www.regulations.gov. a different kind of energy from that Chief Privacy Officer, Department of FOR FURTHER INFORMATION CONTACT: consumed by other covered products Homeland Security. Elizabeth Kohl, U.S. Department of within such type (or class); or (2) have [FR Doc. 2018–08454 Filed 4–23–18; 8:45 am] Energy, Office of the General Counsel, a capacity or other performance-related BILLING CODE 9110–9B–P 1000 Independence Avenue SW, feature that other products within such Washington, DC 20585. Email: type (or class) do not have, and such Elizabeth.Kohl@hq.doe.gov; 202–586– feature justifies a higher or lower DEPARTMENT OF ENERGY 7796. standard from that which applies (or will apply) to other products within SUPPLEMENTARY INFORMATION: The 10 CFR Part 430 such type (or class). In making a Administrative Procedure Act (APA), 5 jstallworth on DSKBBY8HB2PROD with PROPOSALS determination under paragraph (q) Energy Conservation Program: Energy U.S.C. 551 et seq., provides among other concerning whether a performance- Conservation Standards for things, that ‘‘[e]ach agency shall give an related feature justifies a higher or lower Dishwashers, Notification of Petition interested person the right to petition standard, DOE must consider such for Rulemaking for the issuance, amendment, or repeal factors as the utility to the consumer of of a rule.’’ (5 U.S.C. 553(e)) Pursuant to AGENCY: Office of Energy Efficiency and this provision of the APA, CEI 1 Attachments and data submitted by CEI with its Renewable Energy, Department of petitioned DOE for the issuance of a petition for rulemaking are available in the docket Energy. new rule, as described in this at http://www.regulations.gov. 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Federal Register / Vol. 83, No. 79 / Tuesday, April 24, 2018 / Proposed Rules 17769 the feature, and other appropriate require you to provide your name and or mail also will be posted to http:// factors. In any rule prescribing a higher contact information prior to submitting www.regulations.gov. If you do not want or lower level of energy use or comments. Your contact information your personal contact information to be efficiency, DOE must explain the basis will be viewable to DOE Building publicly viewable, do not include it in on which the higher or lower level was Technologies staff only. Your contact your comment or any accompanying established. CEI asserts that given the information will not be publicly documents. Instead, provide your significant amount of consumer viewable except for your first and last contact information on a cover letter. dissatisfaction with increased names, organization name (if any), and Include your first and last names, email dishwasher cycle time, cycle time is a submitter representative name (if any). address, telephone number, and ‘‘performance-related feature’’ that If your comment is not processed optional mailing address. The cover provides substantial consumer utility, as properly because of technical letter will not be publicly viewable as required by EPCA for the establishment difficulties, DOE will use this long as it does not include any of a product class with a higher or lower information to contact you. If DOE comments. energy use or efficiency standard that cannot read your comment due to Include contact information in your the standard applicable to other technical difficulties and cannot contact cover letter each time you submit dishwasher product classes. you for clarification, DOE may not be CEI also cites to 42 U.S.C. 6295(o)(4), comments, data, documents, and other able to consider your comment. which prohibits DOE from prescribing a However, your contact information information to DOE. If you submit via standard that interested person have will be publicly viewable if you include mail or hand delivery, please provide all established by a preponderance of the it in the comment or in any documents items on a CD, if feasible. It is not evidence would likely result in the attached to your comment. Any necessary to submit printed copies. No unavailability in the United States in information that you do not want to be facsimiles (faxes) will be accepted. any covered product type (or class) of publicly viewable should not be Comments, data, and other performance characteristics, features, included in your comment, nor in any information submitted electronically sizes, capacities, and volumes that are document attached to your comment. should be provided in PDF (preferred), substantially the same as those generally Persons viewing comments will see only Microsoft Word or Excel, WordPerfect, available in the United States at the time first and last names, organization or text (ASCII) file format. Provide of DOE’s finding. CEI states that despite names, correspondence containing documents that are not secured, written this prohibition, it appears that comments, and any documents in English and free of any defects or dishwasher cycle time have been submitted with the comments. viruses. Documents should not contain impaired by the DOE standards and that Do not submit to http:// special characters or any form of many machines with shorter cycle times www.regulations.gov information for encryption and, if possible, they should are no longer available. which disclosure is restricted by statute, carry the electronic signature of the In its petition, CEI proposes a cycle such as trade secrets and commercial or author. time of 1 hour as the defining financial information (hereinafter Campaign form letters. Please submit characteristic for the suggested new referred to as Confidential Business campaign form letters by the originating product class, because 1 hour is Information (CBI)). Comments organization in batches of between 50 to substantially below all current products submitted through http:// 500 form letters per PDF or as one form on the market. CEI states that energy www.regulations.gov cannot be claimed letter with a list of supporters’ names efficiency standards for current as CBI. Comments received through the compiled into one or more PDFs. This products would therefore not change website will waive any CBI claims for reduces comment processing and with the addition of the new product the information submitted. For posting time. class, and that no backsliding would information on submitting CBI, see the occur for the energy standards already Confidential Business Information Confidential Business Information. in place. Specifically, 42 U.S.C. section. According to 10 CFR 1004.11, any 6295(o)(1) prohibits DOE from DOE processes submissions made person submitting information that he prescribing a standard that increases the through http://www.regulations.gov or she believes to be confidential and maximum allowable energy use, or in before posting. Normally, comments exempt by law from public disclosure the case of showerheads, faucets, water will be posted within a few days of should submit via email, postal mail, or closets or urinals, water use, or being submitted. However, if large hand delivery two well-marked copies: decreases the minimum required energy volumes of comments are being One copy of the document marked efficiency, of a covered product. processed simultaneously, your confidential including all the comment may not be viewable for up to information believed to be confidential, Submission of Comments several weeks. Please keep the comment and one copy of the document marked DOE invites all interested partied to tracking number that http:// non-confidential with the information submit in writing by June 25, 2018 www.regulations.gov provides after you believed to be confidential deleted. comments and information regarding have successfully uploaded your Submit these documents via email or on this petition. comment. a CD, if feasible. DOE will make its own Submitting comments via http:// Submitting comments via hand determination about the confidential www.regulations.gov. The http:// delivery, or mail. Comments and status of the information and treat it www.regulations.gov web page will documents submitted via hand delivery according to its determination. jstallworth on DSKBBY8HB2PROD with PROPOSALS VerDate Sep<11>2014 14:31 Apr 23, 2018 Jkt 244001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\24APP1.SGM 24APP1

17770 Federal Register / Vol. 83, No. 79 / Tuesday, April 24, 2018 / Proposed Rules Factors of interest to DOE when of the information would be contrary to petition. Anyone who wishes to be evaluating requests to treat submitted the public interest. added to the DOE mailing list to receive information as confidential include (1) a It is DOE’s policy that all comments future notices and information about description of the items, (2) whether may be included in the public docket, this petition should contact Appliance and why such items are customarily without change and as received, and Equipment Standards Program staff treated as confidential within the including any personal information at (202) 586–6636 or via email at industry, (3) whether the information is provided in the comments (except ApplianceStandardsQuestions@ generally known by or available from information deemed to be exempt from ee.doe.gov. other sources, (4) whether the public disclosure). Approval of the Office of the Secretary information has previously been made DOE considers public participation to be a very important part of its process The Secretary of Energy has approved available to others without obligation for considering rulemaking petitions. publication of this notification of concerning its confidentiality, (5) an DOE actively encourages the petition for rulemaking. explanation of the competitive injury to the submitting person which would participation and interaction of the Issued in Washington, DC, on April 18, public during the comment period. 2018. result from public disclosure, (6) when Interactions with and between members Daniel R. Simmons, such information might lose its confidential character due to the of the public provide a balanced Principal Deputy Assistant Secretary, Energy discussion of the issues and assist DOE Efficiency and Renewable Energy. passage of time, and (7) why disclosure in determining how to proceed with a BILLING CODE 6450–01–P jstallworth on DSKBBY8HB2PROD with PROPOSALS VerDate Sep<11>2014 14:31 Apr 23, 2018 Jkt 244001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\24APP1.SGM 24APP1

Federal Register / Vol. 83, No. 79 / Tuesday, April 24, 2018 / Proposed Rules 17771 March 21, 2018 The Honorable Secretary Rick Perry Office ofthe Secretary ofEnergy U.S. Department ofEnergy 1000 Independence Ave. SW Washington, D.C. 20585 RE: Petition for Rulemaking on a New Product Class of Fast Dishwashers The Competitive Enterprise Institute (CEI), submits this petition for rulemaking under 5 U.S. C. § 553(e). We request that the Department of Energy (DOE) begin a rulemaking process to define a new product class under 42 U.S.C. § 6295(q) for residential dishwashers. The new product class would cover dishwashers with a cycle time of less than one hour from washing through drying. We are not proposing specific energy and water requirements for this new product class, in the belief that these details can be determined during the course of the rulemaking. Dishwasher cycle times have become dramatically worse under DOE standards, and consumer satisfaction has dropped as a result. The DOE itself has acknowledged that this is caused by its regulations, noting that: "To help compensate for the negative impact on cleaning performance associated with decreasing water use and water temperature, manufacturers will typically increase the cycle time." 1 jstallworth on DSKBBY8HB2PROD with PROPOSALS EP24AP18.001</GPH> VerDate Sep<11>2014 14:31 Apr 23, 2018 Jkt 244001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4725 E:\FR\FM\24APP1.SGM 24APP1

17772 Federal Register/Vol. 83, No. 79/Tuesday, April 24, 2018 /Proposed Rules A survey of 11,000 dishwasher owners by GE Appliances demonstrates that cycle time is one of the four biggest sources of dissatisfaction of consumers." Excerpts from several dozen consumer complaints received by another organization are contained in an attachment to this petition." Some typical comments are: e "The cycle time is way too long, running for 4 hours and still not cleaning the dishes. I am currently in the process of hand washing a number of dishes that did not clean in last night‘s 4—hour cycle." e "They take forever and forever to run the shortest cycle." Several other analysts have also noticed that dishwasher cycle times have increased due to the DOE regulations, such as the following publications attached to this petition: e Why do new dishwashers take so long to complete a normal cycle?" e Why newer dishwashers run for an alarmingly long time e Why it‘s the Government‘s Fault Your Dishwasher Cycle Is 2 or 3 Hours Long.® * Kelley Kline, GF Appliances Comments on DOE‘s NOPR for Energy Conservation Standards for Residential Dishwashers; Docket No. EERE—2014—BT—STD—0021; RIN 1904—AD24, page 4 (March 25, 2015), https://www.regulations.gov/document?D=fEERE—2014—BT—S1D—0021—0026. %Details of consumer complaints, including names and locations, discussed in this petition are attached in Appendix A. All the consumer complaints contained in this petition were provided directly by the consumers, without prompting, to Consumer Affairs, an online consumer resource center not affiliated with any government agency or other consumer organization, and are available on their website at http://consumeraffairs.com/. *Ed Perratore, Why do new dishwashers take so long to complete a normal cycle?, Consumer Reports (April 23, 2014), https://www.consumerreports.org/cro/news/20 14/04/why—does—my —new—dishwasher—take—so—long/index.htm. Philip Jang, Why newer dishwashers run for an alarmingly long time, Times Colonist (June 24, 2014). ©David Kreutzer, Why it‘s the Government‘s Fault Your Dishwasher Cycle Is 2 or 3 Hours Long, Daily Signal (July 12, 2015).

Federal Register / Vol. 83, No. 79 / Tuesday, April 24, 2018 / Proposed Rules 17773 While the DOE had estimated the average cycle times of dishwashers to be about one hour in its most recent rulemaking, 7 this figure appears to be decades out of date. As the chart below shows, the average cycle time has not been close to an hour since 1983, before any standards were adopted. The current average cycle time is actually 2 hours 20 minutes, and has more than doubled due to the current energy standards. 8 We examined the Consumer Reports' evaluation of dishwasher cycles times for 19 of the last 35 years along with the cycle times of the current 177 models on the ConsumerReports.org website. This is how cycle times have changed over the last 35 years: 7 81 FR 90087 n.22 ("The 1-hour cycle time is an estimate of the typical cycle time for a dishwasher."). 8 On a per model basis as reviewed by Consumer Reports. jstallworth on DSKBBY8HB2PROD with PROPOSALS EP24AP18.003</GPH> VerDate Sep<11>2014 14:31 Apr 23, 2018 Jkt 244001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4725 E:\FR\FM\24APP1.SGM 24APP1

17774 Federal Register / Vol. 83, No. 79 / Tuesday, April 24, 2018 / Proposed Rules As this graph shows, when a new energy standard is adopted by the DOE, the result is an increase in dishwasher cycle time. In 1978, Consumer Reports found that "A dishwasher's regular cycle time typically takes about an hour." 9 In 2014, ConsumerReports.org warns consumers: "don't expect normal cycles to drop anytime soon from their 2- to 3-hour mark," specifically citing the DOE regulations as the cause. 10 CEI' s assessment is based on publically available sources such as Consumer Reports, but industry data provide further evidence of the degradation of cycle times. In the 2015-16 rulemaking, GE Appliances evaluated cycle time changes over time as they relate to various regulatory changes by the DOE. Below is the chart provided by GE Appliances 11 : 9 Consumer Reports, May Issue, 281 (1976). 10 Perratore, supra note 4. 11 Kline, supra note 2, at 3. jstallworth on DSKBBY8HB2PROD with PROPOSALS EP24AP18.004</GPH> VerDate Sep<11>2014 14:31 Apr 23, 2018 Jkt 244001 PO 00000 Frm 00009 Fmt 4702 Sfmt 4725 E:\FR\FM\24APP1.SGM 24APP1

Federal Register / Vol. 83, No. 79 / Tuesday, April 24, 2018 / Proposed Rules 17775 The Association of Home Appliance Manufacturers (AHAM) collected data "from manufacturers making up over 90 percent of the market [which] show that as energy use decreases, cycle time (including dry time) gets longer." 12 AHAM also analyzed shipment- weighted average cycle times, which weight each model by sales. It found the shipment- weighted average cycle time is 1.76 hours. 13 As this is below the average-per-model cycle time, this demonstrates that consumers tend to prefer models with lower cycle times. In addition to energy efficiency, consumers also want dish washers that clean better, clean quicker, clean quieter, and dry better. Congress understood that imposing energy standards could have a negative impact on these other features and tasked the DOE with making sure these other features stayed available to consumers. That is why 42 U.S.C § 6295(o)(4) requires that all new standards establish "by a preponderance of the evidence" that they will not result in the unavailability of any performance "characteristics (including reliability)" and "features." Despite this, it appears that dishwasher speed cycles has been seriously impaired by the DOE standards and that many machines with shorter cycle times are no longer available to consumers. In enacting the National Appliance Energy Conservation Act of 1987, Congress sought to ensure "that energy savings are not achieved through the loss of significant consumer features." H.R. Rep. No. 100-11, 22 (1987). The "purpose of this provision is to ensure that an amended standard does not deprive consumers of product choices and characteristics, features, sizes, etc." /d. at 23. This should "preclude[] DOE from promulgating a standard that manufacturers are only able to meet by adopting engineering changes that eliminate performance characteristics." !d. at 23. Unfortunately for consumers, this has not happened. We are now in a situation in which dishwashers average cycle times of less than one hour have been eliminatedfrom the marketplace. Of the current 177 models reviewed by ConsumerReports.org, the fastest cycle time was the Frigidaire model FBD2400KS at 90 minutes. This is not due to consumer choice, but because it is not technologically feasible to create dishwashers that both meet the current standards and have cycle times of one hour or less. But Congress provided the DOE with discretion to deal with exactly this kind of situation. Under 42 U.S.C. § 6295(q), Congress "permitted the Secretary to establish different standards within type of covered product ... based upon performance-related features of the product." National Energy Conservation Act 1978, HR. Rep. 95-1751, 115 (1978). According to Congress, the "purpose of the provision is to permit the minimum energy efficiency standards to account for the varied performance-related features of appliances within a given type of product." !d. Congress directed the Secretary to "use his discretion carefully, and establish separate standards only if the feature justifies a separate standard, based upon the utility to the consumer and other appropriate criteria." !d. at 116. Given the degree of consumer dissatisfaction with dishwasher speed, we submit that exercising this discretion is fully warranted in this case. 12 Jennifer Cleary, AHAM Comments on DOE's NOPR for Energy Conservation Standards for Residential jstallworth on DSKBBY8HB2PROD with PROPOSALS Dishwashers; Docket No. EERE-2014-BT-STD-0021; RIN 1904-AD24, page 8 (March 25, 2015), 13/d. EP24AP18.005</GPH> VerDate Sep<11>2014 14:31 Apr 23, 2018 Jkt 244001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4725 E:\FR\FM\24APP1.SGM 24APP1

17776 Federal Register / Vol. 83, No. 79 / Tuesday, April 24, 2018 / Proposed Rules This provision specifically allows the Secretary to "specify a level of energy use or efficiency ... lower than that which applies (or would apply) for such type (or class)." 42 U.S.C § 6295( q)(1 ). The only relevant requirement is that it "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 from that which applies (or will apply) to other products within such type (or class). In making a determination under this paragraph concerning whether a performance-related feature justifies the establishment of a higher or lower standard, the Secretary shall consider such factors as the utility to the consumer of such a feature, and such other factors as the Secretary deems appropriate." 42 U.S.C § 6295(q)(1)(B). A cycle time of less than one hour is a "performance-related feature" which justifies a lower standard based if there is "utility to the consumer of such a feature." To demonstrate this utility, consider consumers' views on the subject: • "The cycles run FOREVER- Plan on letting it run all afternoon before your dishes are ready so you can use them for dinner! !" • "It doesn't clean well, but has a very long cycle, well over two hours." • One consumer described a cycle time of one and a half hours as "extremely long," but sadly this is the shortest cycle time on the market. • Another consumer had a "technician come out to see why it took 6 hours to go through the cycle" and the technician told her she "needed to prewash my dishes before loading". (This, however, is directly contrary to the advice of the DOE, which views prewashing as wasting energy and water.) • "It spontaneously starts beeping, non-stop, the cycle takes FOREVER. I hate it, I hate it, I hate it." • When one consumer called a technician to complain of a 4.5 hour cycle time, she was told that the new machines just take longer than the old ones. Given these consumer complaints, which are just a small sample, and the GE Appliances' survey of 11,000 dishwasher owners, it is clear that cycle time is a "performance-related feature" that provides substantial "utility to the consumer" as required by the statute. This petition proposes one hour as the defining characteristic for a new dishwasher class, because this is substantially below all current products on the market. This means that the energy efficiency standards for current models will not change with the addition of this new product class. Regardless of the standard set for this proposed new class, no backsliding would occur for the energy standards already in place as this new standard will not apply to current models. jstallworth on DSKBBY8HB2PROD with PROPOSALS EP24AP18.006</GPH> VerDate Sep<11>2014 14:31 Apr 23, 2018 Jkt 244001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4725 E:\FR\FM\24APP1.SGM 24APP1

Federal Register / Vol. 83, No. 79 / Tuesday, April 24, 2018 / Proposed Rules 17777 [FR Doc. 2018–08521 Filed 4–23–18; 8:45 am] consistent with current VA practice. In assist veterans by referring them for BILLING CODE 6450–01–C addition, we propose to define in placement, and aiding veterans in regulation the level of care that must be obtaining placement, in CRCs. A CRC is provided to a veteran residing in a CRC. a form of enriched housing that DEPARTMENT OF VETERANS DATES: Comment Date: Comments must provides health care supervision to AFFAIRS be received by VA on or before June 25, eligible veterans not in need of hospital 2018. or nursing home care, but who, because 38 CFR Part 17 ADDRESSES: Written comments may be of medical, psychiatric and/or submitted through psychosocial limitations as determined RIN 2900–AP63 www.Regulations.gov; by mail or hand- through a statement of needed care, are Approval Criteria for Rates Charged for delivery to the Director, Regulation not able to live independently and have Community Residential Care Policy and Management (00REG), no suitable family or significant others Department of Veterans Affairs, 810 to provide the needed supervision and AGENCY: Department of Veterans Affairs. Vermont Ave. NW, Room 1063B, supportive care. Examples of CRC’s ACTION: Proposed rule. Washington, DC 20420; or by fax to enriched housing may include, but are (202) 273–9026. Comments should not limited to: Medical Foster Homes, SUMMARY: This document proposes to Assisted Living Homes, Group Living amend the Department of Veterans indicate that they are submitted in response to ‘‘RIN 2900–AP63— Homes, Family Care Homes, and Affairs (VA) regulation governing psychiatric CRC Homes. CRC care standards applicable to a community Approval criteria for rates charged for Community Residential Care.’’ Copies of consists of room, board, assistance with residential care facility (CRC) approved activities of daily living and supervision by VA. This regulation also addresses comments received will be available for public inspection in the Office of as required on an individual basis. The the amount that a veteran may be size of a CRC can vary from one bed to charged for residence in a CRC and how Regulation Policy and Management, Room 1063B, between the hours of 8:00 several hundred. VA maintains a list of VA determines whether that rate is approved CRCs. Employees of the CRC appropriate. Payment for the charges of a.m. and 4:30 p.m., Monday through Friday (except holidays). Please call are not VA employees, and no CRC care is not the responsibility of the employment relationship exists between federal government or VA. The cost of (202) 461–4902 for an appointment. (This is not a toll-free number.) In employees of the CRC and VA. community residential care is financed A veteran may elect to reside in any by the veteran’s own resources, and the addition, during the comment period, CRC he or she wants; however, VA will resident or an authorized personal comments may be viewed online only recommend CRCs that apply for representative and a representative of through the Federal Docket Management approval and meet our standards. Once the community residential care facility System (FDMS) at http:// approved by the approving official, the must agree upon the charge and www.Regulations.gov. CRC is placed on VA’s referral list and payment procedures for community FOR FURTHER INFORMATION CONTACT: Dr. VA refers veterans for whom CRC care residential care. VA reviews and has Richard Allman, Chief Consultant, is an option to listed CRCs when those jstallworth on DSKBBY8HB2PROD with PROPOSALS approval authority over this agreement. Geriatrics and Extended Care Services veterans are determining where they We propose to amend and update the (10NC4), Veterans Health would like to live. The term ‘‘approving criteria VA uses to determine whether Administration, Department of Veterans official’’ is defined at 38 CFR 17.62(e) as the rate for care charged to a veteran Affairs, 810 Vermont Ave. NW, the Director or, if designated by the residing in an approved CRC is Washington, DC 20420, (202) 461–6750. Director, the Associate Director or Chief appropriate, to clarify how VA (This is not a toll-free number.) of Staff of a Department of Veterans determines whether a CRC rate should SUPPLEMENTARY INFORMATION: VA is Affairs Medical Center or Outpatient EP24AP18.007</GPH> be approved, and to make the regulation authorized under 38 U.S.C. 1730 to Clinic which has jurisdiction to approve VerDate Sep<11>2014 14:31 Apr 23, 2018 Jkt 244001 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\24APP1.SGM 24APP1


Document Created: 2018-04-24 00:38:42
Document Modified: 2018-04-24 00:38:42
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotification of petition for rulemaking; request for comment.
DatesWritten comments and information are requested on or before June 25, 2018.
ContactElizabeth Kohl, U.S. Department of Energy, Office of the General Counsel, 1000 Independence Avenue SW, Washington, DC 20585. Email: [email protected]; 202-586-7796.
FR Citation83 FR 17768 
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