99-25186. Energy Conservation Program for Consumer Products: Test Procedure for Dishwashers  

  • [Federal Register Volume 64, Number 187 (Tuesday, September 28, 1999)]
    [Proposed Rules]
    [Pages 52248-52259]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-25186]
    
    
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    DEPARTMENT OF ENERGY
    
    Office of Energy Efficiency and Renewable Energy
    
    10 CFR Part 430
    
    [Docket No. EE-RM/TP-99-500]
    RIN 1904-AA52
    
    
    Energy Conservation Program for Consumer Products: Test Procedure 
    for Dishwashers
    
    AGENCY: Office of Energy Efficiency and Renewable Energy.
    
    ACTION: Notice of proposed rulemaking and public workshop.
    
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    SUMMARY: The Department of Energy (We, DOE, or the Department) is 
    proposing to amend its test procedure for dishwashers. The proposal 
    adds test procedures for dishwashers with soil-sensing technology. It 
    also revises some of the inputs for calculating the estimated annual 
    operating cost, adds new specifications to improve testing
    
    [[Page 52249]]
    
    repeatability, and changes the definitions of compact and standard 
    models. The proposed amendments of the test procedure do not alter the 
    minimum energy conservation standards currently in effect for 
    dishwashers.
    
    DATES: The Department will accept comments, data, and information 
    regarding the proposed rule no later than December 13, 1999. Please 
    submit ten (10) copies. In addition, the Department requests that you 
    provide an electronic copy (3\1/2\'' diskette) of the comments in 
    WordPerfect TM format.
        The Department will hold a public workshop (hearing) on Tuesday, 
    November 2, 1999, in Washington, DC. Please send requests to speak at 
    the workshop so that we receive them by 4:00 p.m., Tuesday, October 19, 
    1999. The Department must also receive ten (10) copies of statements to 
    be given at the public workshop no later than 4:00 p.m., October 20, 
    1999, and we request that you provide a computer diskette (WordPerfect 
    TM) of each statement at that time.
    
    ADDRESSES: Please address requests to make statements at the public 
    workshop and copies of those statements to Ms. Brenda Edwards-Jones, 
    and send written comments regarding the proposed rule to Ms. Barbara 
    Twigg, both at the following address: U.S. Department of Energy, Office 
    of Energy Efficiency and Renewable Energy, EE-41, 1000 Independence 
    Avenue, SW, Washington, DC 20585-0121. You should identify all 
    documents both on the envelope and on the documents as ``Energy 
    Conservation Program for Consumer Products: Test Procedure for 
    Dishwashers, Docket No. EE-RM/TP-99-500.'' The workshop will begin at 
    9:00 a.m., on Tuesday, November 2, 1999, in Room 1E-245 at the U.S. 
    Department of Energy, Forrestal Building, 1000 Independence Avenue, SW, 
    Washington, DC. You can find more information concerning public 
    participation in this rulemaking proceeding in section IV, ``Public 
    Comment,'' of this notice.
        You can read copies of the transcript of the public workshop and 
    public comments in the Freedom of Information Reading Room (Room No. 
    1E-190) at the U.S. Department of Energy, Forrestal Building, 1000 
    Independence Avenue, SW, Washington, DC, between the hours of 9:00 a.m. 
    and 4:00 p.m., Monday through Friday, except Federal holidays. You may 
    obtain copies of the referenced standard AHAM DW-1 by request from the 
    Association of Home Appliance Manufacturers, 1111 19th Street, NW, 
    Suite 402, Washington, DC 20036, (202) 872-5955.
        The latest information regarding the public workshop is available 
    on the Office of Codes and Standards web site at the following address: 
    http://www.eren.doe.gov/buildings/codes__standards/index.htm
    
    FOR FURTHER INFORMATION CONTACT: Barbara Twigg, U.S. Department of 
    Energy, Office of Energy Efficiency and Renewable Energy, EE-41, 1000 
    Independence Avenue, SW, Washington, DC 20585-0121, (202) 586-8714, 
    email: barbara.twigg@ee.doe.gov; or Eugene Margolis, Esq., U.S. 
    Department of Energy, Office of General Counsel, GC-72, 1000 
    Independence Avenue, SW, Washington, DC 20585, (202) 586-9507, email: 
    eugene.margolis@hq.doe.gov
    
    SUPPLEMENTARY INFORMATION:
    I. Introduction
        A. Authority
        B. Background
        C. Summary of the Proposed Test Procedure Revisions
    II. Discussion
        A. General Discussion
        B. Changes in Dishwasher Design and Consumer Practices
        C. Improving Testing Repeatability
        D. Corrections to the Last Published Rule
        E. Re-testing Soil-sensing Dishwasher Models with New Test 
    Procedure
    III. Procedural Requirements
        A. Review Under the National Environmental Policy Act of 1969
        B. Review Under Executive Order 12866, ``Regulatory Planning and 
    Review'
        C. Review Under the Regulatory Flexibility Act of 1980
        D. ``Takings'' Assessment Review
        E. Federalism Review
        F. Review Under the Paperwork Reduction Act
        G. Review Under Executive Order 12988, ``Civil Justice Reform''
        H. Review Under the Unfunded Mandates Reform Act of 1995
        I. Review Under the Plain Language Directives
        J. Review Under the Treasury and General Government 
    Appropriations Act, 1999
    IV. Public Comment
        A. Written Comment Procedures
        B. Public Workshop
        1. Procedures for submitting requests to speak
        2. Conduct of workshop
        C. Issues Requested for Comment
    
    I. Introduction
    
    A. Authority
    
        Part B of Title III of the Energy Policy and Conservation Act, as 
    amended (EPCA or Act), establishes the Energy Conservation Program for 
    Consumer Products Other Than Automobiles (Program). The products 
    currently subject to this Program (``covered products'') include 
    residential dishwashers, the subject of today's notice.
        Under the Act, the Program consists of three parts: testing, 
    labeling, and the Federal energy conservation standards. The 
    Department, in consultation with the National Institute of Standards 
    and Technology (NIST), must amend or establish test procedures as 
    appropriate for each of the covered products. Section 323 of EPCA, 42 
    U.S.C. 6293. The purpose of the test procedures is to measure energy 
    efficiency, energy use, or estimated annual operating cost of a covered 
    product during a representative average use cycle or period of use. The 
    test procedure must not be unduly burdensome to conduct. Section 
    323(b)(3) of EPCA, 42 U.S.C. 6293(b)(3).
        If a test procedure is amended, DOE is required to determine to 
    what extent, if any, the new test procedure would alter the measured 
    energy efficiency or measured energy use of any covered product as 
    determined under the existing test procedure. If DOE determines that an 
    amended test procedure would alter the measured efficiency or measured 
    energy use of a covered product, DOE is required to amend the 
    applicable energy conservation standard accordingly. In determining the 
    amended energy conservation standard, DOE is required to measure the 
    energy efficiency or energy use of a representative sample of covered 
    products that minimally comply with the existing standard. The average 
    efficiency of these representative samples, tested using the amended 
    test procedure, constitutes the amended standard. Section 323(e)(1) of 
    EPCA, 42 U.S.C. 6293(e)(1).
        Beginning 180 days after a test procedure for a product is 
    prescribed, no manufacturer, distributor, retailer, or private labeler 
    may make representations with respect to the energy use, efficiency, or 
    cost of energy consumed by such products, except as reflected in tests 
    conducted according to the DOE procedure. Section 323(c)(2) of EPCA, 42 
    U.S.C. 6293(c)(2).
    
    B. Background
    
        The Department published the original dishwasher test procedure on 
    August 3, 1977 (42 FR 39964). On March 3, 1983 (48 FR 9202), we 
    published an amended version which revised the representative average-
    use cycles to reflect consumer use and to address dishwashers that use 
    120 deg.F inlet water. We amended the test procedure again on November 
    27, 1984 (49 FR 46533), in order to redefine a water heating dishwasher 
    by deleting the requirement for internal heating in the rinse phase of 
    a normal cycle. On
    
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    December 15, 1987 (52 FR 47551), DOE amended the dishwasher test 
    procedure to address models that use 50 deg.F inlet water.
        In February 1995, NIST conducted a review of domestic and 
    international dishwasher test procedures. NIST submitted two reports, 
    ``Review of the DOE Test Procedure for Residential Dishwashers'' and 
    ``Review of AHAM (Association of Home Appliance Manufacturers) and 
    International Test Procedures for Residential Dishwashers,'' to DOE on 
    July 17, 1995. These reports identified many of the problems that are 
    addressed in this notice. On December 13, 1995, we met with NIST, AHAM, 
    and representatives from six dishwasher manufacturers to discuss the 
    two NIST reports and proposed changes to the test procedure.
        Following this meeting, NIST conducted a series of tests on two 
    residential dishwashers, one conventional and one soil-sensing, using 
    the current DOE, International Electrotechnical Commission (IEC), and 
    AHAM dishwasher test procedures. Review of the DOE test procedure made 
    clear the need for revision, while the studies using the two latter 
    test procedures highlighted the difficulty in conducting repeatable 
    performance-based testing with soil loads, regardless of dishwasher 
    type.
        In May 1997, NIST published a report entitled ``Energy and Water 
    Consumption Testing of a Conventional Dishwasher and an Adaptive 
    Control Dishwasher, IATC-1997.'' Subsequently, we again met with NIST, 
    manufacturers, and environmental groups to discuss options for 
    improving the effectiveness of the current test procedure. AHAM then 
    sent a letter to the Department which compiled many of the discussed 
    changes and suggested a new approach to testing soil-sensing 
    dishwashers.
        In preparing this Notice of Proposed Rulemaking, we have taken into 
    consideration different views on how to improve the current test 
    procedure and incorporated suggestions from industry and other 
    stakeholders. The amendments proposed in this notice will provide a 
    more accurate procedure for determining the energy factor for 
    dishwashers employing soil-sensing technology than the existing one, 
    which does not adequately measure the energy use of these models. We 
    also propose to update the average use cycles to reflect current usage 
    patterns, and to revise the measurements and calculations required to 
    determine the values used to estimate the annual operating cost for all 
    dishwashers. The Department welcomes test data to determine the effects 
    of these modifications on any existing soil-sensing dishwasher.
    
    C. Summary of the Proposed Test Procedure Revisions
    
        The Department proposes the following changes to the dishwasher 
    test procedure:
        1. Update the test procedure to reflect changes in dishwasher 
    design and consumer practices.
         Add test procedures for soil-sensing dishwashers.
         Add new definitions for sensor normal cycle and sensor 
    truncated normal cycle.
         Add a new formula for calculating the machine and water 
    energy consumption per cycle for soil-sensing models.
         Update the representative average number of use cycles per 
    year.
         Combine explanation of the Estimated Annual Operating Cost 
    (EAOC) calculation for dishwashers both with and without normal and 
    truncated normal cycles.
         Base the definitions of compact and standard dishwashers 
    on place-setting capacity.
        2. Improve testing repeatability.
         Revise definition 1.10, ``Truncated Normal Cycle'' 
    (previously 1.5).
         Tighten the tolerance for ambient temperature.
         Add more detail to test chamber installation requirements.
         Add an instruction for manufacturers to run a conditioning 
    cycle prior to the test.
         Introduce a new section, Section 3, ``Instrumentation,'' 
    to consolidate all measurement specifications and to base tolerances on 
    nominal values.
         Improve the overall format while introducing the new 
    methodology for soil-sensing dishwashers.
        3. Correct the last published rule.
         Correct typographical errors in definition 1.11, ``Water 
    Heating Dishwasher'' (previously 1.6), and in section 2.2.2, 
    ``electrical.''
         Remove obsolete text specific to dishwashers manufactured 
    before May 14, 1994.
    
    II. Discussion
    
    A. General Discussion
    
        While this proposed rulemaking retains many of the features of the 
    current test procedure for measuring the energy use of dishwashers, it 
    also includes important changes. We are retaining the current method 
    for testing conventional, or non-soil-sensing dishwashers. However, we 
    propose to amend the established test procedure by adding a new test 
    method for measuring the energy consumption of soil-sensing models. The 
    new procedure for the soil-sensing models will require manufacturers to 
    measure the energy consumption of both short and long cycles, and 
    weight the average results by the percentage of users who pre-rinse 
    their dishes and those who do not pre-treat. This variable of consumer 
    behavior is an important factor in determining whether a dishwasher 
    sensor will select a short wash cycle or a long wash cycle. The sensor 
    will select a short cycle with reduced energy consumption if pre-rinsed 
    dishes add little food matter into the water. The sensor will select a 
    longer cycle, increasing energy use, if dirty dishes raise the level of 
    food matter in the water. In order to determine a fair representation 
    of how these soil-sensing machines perform, the Department is 
    especially interested in receiving comments on user behavior with 
    regard to pre-treatment of dishes, or more directly, information on the 
    average soil load that dishwashers today encounter. Such data on 
    consumer pre-rinsing behavior will help us to assign more accurate 
    percentages to how often a dishwasher's load is heavily soiled, versus 
    how often the load of dishes is almost soil-free.
    
    B. Changes in Dishwasher Design and Consumer Practices
    
    1. Soil-Sensing Technology
        The introduction of dishwasher models using soil-sensing technology 
    prompted the need to revise the current test procedure, last revised in 
    1987, because the current test method does not accurately measure the 
    energy consumption of models with variable cycles. The soil-sensing (or 
    adaptive control) dishwashers adjust the length of the washing cycle 
    according to the amount of soil matter in the water. A well-rinsed dish 
    load will trigger a short wash cycle, while more heavily soiled dishes 
    will trigger a longer cycle. The soil-sensing dishwashers measure the 
    level of turbidity in the water or the pressure drop across filter 
    screens to determine the soil level and select the appropriate cycle. 
    However, when soil-sensing dishwashers are tested with the current test 
    procedure, which uses only clean dishes, the absence of soils 
    invariably triggers a shortened cycle. Thus, the energy factors 
    obtained are very high and do not reflect a dishwasher's performance 
    when a soiled load is present. At least one manufacturer, Maytag, has 
    reported to DOE lower energy factors than those obtained using the 
    current test procedure because it recognizes that the
    
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    results are not representative of the energy and water consumption that 
    consumers are likely to experience under normal use. Some loads could 
    be highly soiled, triggering a longer cycle and resulting in a lower 
    energy factor for the machine. Thus, the test procedure for soil-
    sensing machines should provide reliable data reflecting performance 
    under both types of loads, well-rinsed and soiled, without greatly 
    increasing the test burden or cost to manufacturers.
        As a first step in establishing testing procedures for the new 
    models, the Department proposes to add definitions for conventional and 
    soil-sensing dishwashers, and to prescribe a distinct test method for 
    each. The test for conventional dishwashers remains essentially the 
    same. The new test for soil-sensing models is based on a method 
    developed by AHAM. Following a series of discussions with 
    manufacturers, AHAM suggested a method to collect representative data 
    by artificially forcing soil-sensing dishwashers into a maximum sensor 
    normal cycle. DOE is proposing to adapt this method with modifications 
    proposed by NIST. Although the concept is unchanged, NIST determined 
    that language was needed to address the calculation of machine energy 
    and water energy, adding weighting factors to each.
        Under the new test procedure, manufacturers would test a soil-
    sensing dishwasher in accordance with the current DOE test procedure in 
    the normal cycle and record the energy and water consumption values for 
    the ``minimum sensor normal'' as Mmin and Vmin, 
    respectively. They would then adjust the dishwasher cycle to reflect 
    maximum soil loading and repeat the test, recording the energy and 
    water consumption values for the ``maximum sensor normal'' as 
    Mmax and Vmax, respectively. Each manufacturer 
    would record, in the certification report, keystroke instructions on 
    how to force a dishwasher into a maximum sensor normal response.
        The next step would be to weight energy and water consumption 
    values according to the fraction of people who do and do not pre-treat 
    their dishes. The electrical energy consumption per cycle for the 
    machine will be expressed in kilowatt-hours per cycle and defined as: M 
    = [Mmin .(P) + Mmax .(1-
    P)], where P equals the fraction of people who pre-treat dishes and (1-
    P) equals the fraction of people who do not pre-treat dishes. 
    Similarly, the water consumption per cycle for the machine will be 
    expressed in gallons per cycle and defined as: V = [Vmin 
    .(P) + Vmax .(1-P)] , using the same 
    weighting factors (P and 1-P).
        The manufacturers would then use the water consumption to calculate 
    the energy required to heat the supply water. Next, they would combine 
    that energy with the machine energy to yield the total per cycle energy 
    consumption for the test unit. Additionally, if the test unit has a 
    truncated cycle option (a cycle preset to eliminate the power-dry 
    feature), the test would be repeated and the data collected for the 
    ``minimum truncated sensor normal'' and the ``maximum truncated sensor 
    normal'' cycles. These values would be used to calculate the EAOC under 
    the current method.
        The Department has reviewed these suggestions and proposes to adopt 
    this method for testing soil-sensing dishwashers with some 
    modification. We believe that although the methodology is acceptable, 
    the matter of how to force the dishwasher into a maximum response mode 
    must be clarified. The Department therefore proposes to include a 
    clause stating that if a manufacturer does not have a way to 
    artificially force a maximum sensor normal cycle, the manufacturer must 
    introduce a soil load according to the AHAM DW-1 performance test to 
    trigger a maximum response.
        A second issue is the determination of what percentages should be 
    used in prorating the Mmin, Mmax, 
    Vmin, and Vmax values. AHAM proposed using data 
    obtained from the Soap and Detergent Association (SDA) based on surveys 
    of the number of persons who pre-treat their soiled dishes versus those 
    who merely scrape the soiled dishes or load them directly into the 
    dishwasher. The SDA report, based on 1995 data, states that 79 percent 
    of the people surveyed pre-treat their dishes (using water to rinse, 
    scrub, or soak the dishes) and 21 percent of those surveyed do nothing 
    or merely scrape their plates. However, the SDA report also cautions 
    that because these results are based on consumer perception and 
    interpretation, not on objective measures of loads washed, their survey 
    has ``the inherent uncertainties of consumer questionnaires.'' The 
    resulting data could give an ``indication of the use and patterns of 
    use,'' but ``should probably not be used in an energy standards setting 
    framework.'' (See SDA letter to AHAM, July 13, 1998.)
        The Oregon Office of Energy submitted a comment expressing concern 
    about the lack of hard data regarding consumer pre-treatment of dishes 
    and the acceptance of the 79-21 weights suggested by the SDA survey. 
    The comment questioned the ``rather loose definition of `pre-treatment 
    of dishes with water,''' and stated that ``without more exacting data 
    as to what `pre-treatment' means, and what effect partially rinsed 
    dishes (or combined loads of `pre-treated' and not `pre-treated') might 
    have on existing sensor-equipped models, [they] will argue against any 
    weighting proposal other than 50-50.'' (See Stephens letter, p. 2, 
    December 16, 1998.)
        The Department agrees that given the disclaimer within the SDA 
    report and other expressed concerns, the 1995 SDA data is not 
    sufficient for determining the percentages of pre-treatment. For this 
    reason, we collected additional data from a 1989 Proctor and Gamble 
    survey which found that approximately 73 percent of the surveyed 
    population pre-treated their dishes, while 27 percent did not pre-treat 
    their dishes. This information supports the AHAM statement that the 
    number of persons who pre-treat their dishes has increased over the 
    past 10 years. Another dishwasher user survey conducted in 1999 by 
    Dethman and Associates for the Northwest Energy Efficiency Alliance and 
    the Consortium for Energy Efficiency found that 63 percent of 
    respondents rated their dishes as ``somewhat clean,'' with small 
    particles of food left, or ``very clean,'' with all or almost all of 
    the food gone. However, when Dethman and Associates calculated a 
    cleanliness score based on a series of questions, the results showed 
    that 83 percent of respondents rated their loads as ``somewhat clean'' 
    or ``very clean.'' This discrepancy highlights the subjective nature of 
    these surveys and the variation in results depending on the way 
    questions were presented. We are therefore using these data as a 
    qualitative indication and not as a quantitative measure of consumer 
    practices.
        Other reasons for regarding the data as an imperfect approximation 
    involve the assumptions behind the use of the percentages in the 
    prorated calculation procedure. Prorating assumes a linear relationship 
    between soil loading and energy consumption, which may or may not apply 
    to a given dishwasher design. Also, as illustrated by the Dethman and 
    Associates Dishwasher Survey Report, dishes loaded into dishwashers do 
    not simply fall into two distinct categories, clean and dirty, but vary 
    along a continuum from clean, at one extreme, to heavily soiled on the 
    other. Because of this variation, some loads that are not pre-treated 
    may still not require, or trigger, the maximum cycle, while on the 
    other hand, a pre-treated load may contain some heavily soiled dishes 
    that require the washer to go beyond the
    
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    minimum cycle to clean them adequately. A more precise calculation 
    would require detailed soil loading statistics reflecting consumer 
    behavior, as well as specific dishwasher response patterns to the 
    loadings over a corresponding range of values.
        Lacking more precise data at this time, the Department is proposing 
    to use the following compromise figures as a reasonable surrogate for 
    average soil loading: 70 percent to represent the percentage of the 
    population that pre-treats their dishes and 30 percent to represent the 
    percentage that does not pre-treat their dishes. Since the 
    determination of these percentages is critical to the test procedure 
    formula for the soil-sensing dishwashers, we are especially interested 
    in receiving comments on the percentages proposed. If stakeholders 
    propose alternative percentages for consumer pre-treatment behavior, it 
    is critical that they provide data or other information that justifies 
    those percentages.
    2. Representative Average Dishwasher Use
        In 1983, DOE amended the dishwasher test procedure to reduce the 
    representative average use from 416 cycles per year to 322 cycles per 
    year based on a Proctor and Gamble survey of consumer use conducted 
    prior to 1982. For this rulemaking, the Department solicited new survey 
    data from the SDA for more recent years. In response, the SDA provided 
    survey results for selected years between 1985 and 1995 which indicate 
    that the number of cycles consumers use on a yearly basis has 
    decreased. Therefore, the Department is proposing to revise the 
    representative average annual use to 264 cycles per year 1. 
    This change effectively lowers the annual energy use and therefore the 
    estimated EAOC, defined as the product of the per cycle energy 
    consumption, the representative average-use cycles, and the cost of 
    energy.
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        \1\ 264 represents the average number of cycles per year for the 
    odd years, 85/86, 87/88, 89/90, 91/92, 93/94, 95/96, based on survey 
    data obtained by a member company of the SDA and provided to the 
    Department by AHAM via letter dated July 22, 1998. Note: data for 
    survey years 90/91 and 92/93 were disregarded as part of the 
    incomplete set of data points for the even survey years.
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    3. Standby Electricity Consumption
        The Department received a comment from the Oregon Office of Energy 
    calling our attention to the issue of standby electricity consumption 
    in dishwasher models using transformers and microprocessors to power 
    timers, display lights, and other advanced cycle, control, and soil-
    sensing features. The comment urged that this ``invisible'' power 
    consumption be included in the overall energy consumption for 
    dishwashers to give a more complete and accurate calculation of energy 
    use than is currently available (See Stephens letter, p. 3, supra). 
    Although we recognize that it is important to evaluate standby power 
    consumption in both dishwashers and other appliances, the Department 
    plans to develop a consistent policy for all covered appliances on a 
    program-wide basis. Until that time, we will not address standby power 
    consumption in individual test procedure rulemakings.
    4. New Definitions for ``Compact'' and ``Standard'' Dishwashers
        DOE proposes to change the definitions of ``compact'' and 
    ``standard'' dishwashers, found in section 430.32(f). The current test 
    procedure uses exterior width to define the following product classes. 
    Compact dishwashers are those models less than 22 inches in exterior 
    width. Standard dishwashers are equal to or greater than 22 inches in 
    exterior width.
        Upon reinvestigation of this definition, however, we believe that 
    using width to determine the product class is not correct. The proposed 
    definition would use place setting capacity to distinguish compact from 
    standard models, the determinant used by industry and by the Federal 
    Trade Commission (FTC) for labeling. Thus, the Department proposes to 
    define a compact dishwasher as a unit with a capacity of fewer than 
    eight place settings, and a standard dishwasher as a unit with a 
    capacity of eight or more place settings. This change should provide a 
    more accurate, useful, and consistent classification for consumers. We 
    are aware, for example, of a few models for which the current DOE 
    classification system seems inconsistent and misleading. Whirlpool, for 
    example, manufactures an under-counter dishwasher under the Roper 
    Brand, model RUD0800EB, which has an eight place setting capacity. 
    Because it is only 18 inches wide, however, it is classified as a 
    compact dishwasher. Under the proposed definition, the Whirlpool 18 
    inch model, along with all models having an 8 place setting plus six 
    serving piece capacity, would be classified as standard dishwashers.
        Another dishwasher that presents a potential for mislabeling under 
    the current width-based definition is the ``DishDrawer'' model 
    manufactured by Fisher & Paykel which can be purchased with one drawer 
    (model DD601) or two drawers (model DD602). This two drawer system 
    operates as two stacked dishwashers sharing the same plumbing and 
    washing system that can operate together or independently. However, if 
    a customer only purchases the single drawer option, with its loading 
    capacity of approximately 6 place settings, the single drawer model 
    would be incorrectly classified as a standard-sized dishwasher because 
    the drawer is greater than 22 inches wide. Disregarding the DOE 
    definition, Fisher and Paykel has already marketed its single drawer 
    model as a compact dishwasher, despite its standard-sized width.
        The Department believes that a capacity-based definition of 
    dishwasher class will be more useful to consumers when making 
    purchasing decisions, since it appears that capacity, not width, is the 
    criterion which most often determines a consumer's selection of a 
    standard or compact model. This change will also ensure that all 
    dishwashers are held to the appropriate minimum energy standard for 
    their intended class, and that Federal definitions for making 
    dishwasher class distinctions are rational. We therefore propose that 
    the Department's definition of standard and compact dishwashers be 
    based on capacity, consistent with the following FTC definitions (16 
    CFR Part 305 Appendix C):
        `` `Compact' includes countertop dishwasher models with a capacity 
    of fewer than eight (8) place settings.
        `` `Standard' includes portable or built-in dishwasher models with 
    a capacity of eight (8) or more place settings.
        ``Place settings shall be in accordance with Appendix C to Subpart 
    B of 10 CFR part 430, [2.6.2].''
        The Department proposes to modify Section 430.32(f) to read as 
    follows:
    
    ------------------------------------------------------------------------
                                                                     Energy
                                                                     factor
                            Product class                           (cycles/
                                                                      KWh)
    ------------------------------------------------------------------------
    (1) Compact Dishwasher (capacity less than eight place              0.62
     settings plus six serving pieces as specified in section 6
     of AHAM Standard DW-1)......................................
    (2) Standard Dishwasher (capacity equal to or greater than          0.46
     eight place settings plus six serving pieces as specified in
     section 6 of AHAM Standard DW-1)............................
    ------------------------------------------------------------------------
    
        This definition would also be consistent with the current test 
    procedure's requirement that an eight place setting load plus six 
    serving pieces be used in dishwashers with water heating capabilities 
    for tests of the
    
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    normal cycle at temperatures below 140 deg.F. Thus, if this change is 
    adopted, the manufacturers of eight place setting capacity dishwashers 
    would still be held to the same test required of all standard 
    dishwashers.
        Because the new definitions will change the size classifications 
    for some dishwashers, models manufactured after the effective date of 
    this rulemaking must meet the energy standard designated for their new 
    size category. For example, under the proposed definition, a few 
    models, such as Whirlpool model RUD0800EB, would be reclassified from 
    compact to standard dishwashers and would thereby have a lower energy 
    factor requirement (decreased from 0.62 cycles/kWh to 0.46 cycles/kWh). 
    Conversely, those dishwashers not capable of handling the eight place 
    setting plus six serving piece load, such as the Fisher & Paykel model 
    DD601, would be required to meet higher energy factor (increased from 
    0.46 cycles/kWh to 0.62 cycles/kWh), which the Fisher & Paykel model 
    already does (the energy factor for the one drawer model is 1.16 
    cycles/kWh). We would, however, like to know about any other 
    dishwashers that would be affected by this change in definition.
    
    C. Improving Testing Repeatability
    
        The Department proposes several changes to clarify the existing 
    test procedure and improve its repeatability when multiple tests are 
    conducted.
         In the definitions of 10 CFR part 430, Subpart B, Appendix 
    C, the Department proposes to modify the definition of ``Truncated 
    Normal Cycle.''
        Under the current definition, section 1.5, `` `Truncated Normal 
    Cycle' means the normal cycle interrupted to eliminate the power-dry 
    feature after the termination of the last rinse operation.'' Since the 
    test procedure calls for the test cycle to be selected prior to its 
    initiation and for the cycle to run to completion, we believe that it 
    is more accurate to substitute the word ``preset'' for ``interrupted.'' 
    This change supports the statement in the test procedure that the cycle 
    type be set and allowed to proceed to completion. The new definition 
    would read: `` `Truncated Normal Cycle' means the normal cycle preset 
    to eliminate the power-dry feature after the termination of the last 
    rinse operation.''
         The Department proposes that the tolerance for the ambient 
    temperature in testing conditions be tightened from the current range 
    of between 70  deg.F and 85  deg.F to 75 5  deg.F.
        According to NIST, a 15 deg. temperature variation produced 
    significant differences in the average machine energy consumption for 
    the same dishwasher running the normal cycle with an 8 piece load. NIST 
    tests found that the average total energy consumption of dishwashers 
    tested at 85  deg.F ambient would be 17.6 percent lower than 
    dishwashers tested at 70  deg.F ambient. We feel this is a significant 
    percentage of variation which should be reduced by narrowing the 
    allowable temperature range for testing. This change would also be 
    consistent with AHAM performance tests, which must be conducted in the 
    temperature range of 75 5  deg.F, and would bring the 
    temperature range closer to the one used by the IEC standard for 
    testing dishwashers (59  deg.F to 77  deg.F , 205  deg.C).
        The new language would be:
    
        ``2.5  Ambient and machine temperature. Using a temperature 
    measuring device as specified in 3.1 of this Appendix, maintain the 
    room ambient air temperature at 755 deg.F, and ensure 
    that the dishwasher and the test load are at room ambient 
    temperature at the start of each test cycle.''
    
         The Department proposes to incorporate more detailed 
    requirements for test chamber installation.
        Currently, there are no installation instructions in the event that 
    the manufacturer does not specify them. The test chamber provides an 
    insulating effect which simulates under counter conditions and reduces 
    heat loss to the environment, thereby increasing the overall energy 
    performance. In an effort to improve the consistency of test results 
    among laboratories, DOE proposes to add more detailed instructions to 
    the dishwasher test procedure, using the wording proposed by AHAM. We 
    are basing these proposed installation instructions on Underwriters 
    Laboratories publication UL 749, ``Standard for Safety: Household 
    Dishwashers,'' to support uniformity among testing laboratories without 
    adding significantly to the test burden. The proposed revised 
    installation instructions are as follows:
    
        ``2. Testing conditions: 2.1  Installation Requirements. Install 
    the dishwasher according to the manufacturer's instructions. A 
    standard or compact under-counter or under-sink dishwasher must be 
    tested in a rectangular enclosure constructed of nominal 0.374 inch 
    (9.5 mm) plywood painted black. The enclosure must consist of a top, 
    a bottom, a back, and two sides. If the dishwasher includes a 
    countertop as part of the appliance, omit the top of the enclosure. 
    Bring the enclosure into the closest contact with the appliance that 
    the configuration of the dishwasher will allow.''
    
         The Department proposes that manufacturers include a 
    preconditioning cycle as part of the test procedure prior to running 
    the test cycle.
        We are aware that it is a common industry practice to run a 
    preconditioning cycle for dishwashers before conducting a test. This 
    ensures that the water lines and sump area of the pump are primed, 
    which better approximates normal household conditions. Without this 
    preconditioning cycle, the dishwasher consumes more water in the first 
    fill than under normal operation As a result, we believe this step 
    should be included as part of the test procedure in order to improve 
    consistency among laboratories.
         DOE proposes to introduce a new section, Section 3 
    ``Instrumentation'' to consolidate all measurement specifications and 
    to base tolerances on nominal values.
        Within this section, the Department proposes to add specifications 
    for temperature measurement devices which were not stated previously. 
    This will limit the variation in testing equipment accuracy. This 
    separate section should also make it easier to identify the 
    instrumentation requirements and will eliminate the need to restate 
    measurement specifications in each section. The Department also 
    proposes to change the way tolerances are specified to reduce the 
    variation in testing conditions. By basing tolerances on nominal 
    values, manufacturers will have a target specification and tolerance 
    rather than a range of acceptable values.
         We propose to combine the sections explaining the 
    Estimated Annual Operating Cost calculation (EAOC) for dishwashers with 
    and without truncated normal cycles.
        We are consolidating these two sections to simplify the test 
    procedure since the calculation for these two cases is identical.
    
    D. Corrections to Last Published Rule
    
         The Department will correct two typographical errors found 
    in the last published test procedure.
        In current Section 1.11 ``Water Heating Dishwasher,'' ``heating'' 
    was misspelled, and in current Section 2.2.1 ``Dishwashers that operate 
    with an electrical supply of 240 volts,'' ``electrical'' was 
    misspelled. Both are corrected in the amended test procedure.
         The Department proposes to remove language specific to 
    dishwashers manufactured before 1994.
        In the last published dishwasher test procedure, we set a date, May 
    14, 1994, prior to which all dishwashers were required to be equipped 
    with an option to dry without heat. However, for dishwashers 
    manufactured on or after
    
    [[Page 52254]]
    
    May 14, 1994, the sole requirement is that all dishwasher models meet 
    the minimum energy standard. Therefore, since language specific to 
    dishwashers manufactured before 1994 is no longer meaningful, the 
    Department proposes to remove it. The resulting Section 430.32 would 
    read:
        (f) Dishwashers. The energy factor of dishwashers manufactured on 
    or after May 14, 1994, must not be less than:
    
    ------------------------------------------------------------------------
                                                                     Energy
                                                                     factor
                            Product class                           (cycles/
                                                                      KWh)
    ------------------------------------------------------------------------
    (1) Compact Dishwasher (capacity less than eight place              0.62
     settings plus six serving pieces as specified in section 6
     of AHAM Standard DW-1)......................................
    (2) Standard Dishwasher (capacity equal to or greater than          0.46
     eight place settings plus six serving pieces as specified in
     section 6 of AHAM Standard DW-1)
    ------------------------------------------------------------------------
    
         The Department proposes that ``AHAM'' be defined within 
    Appendix C. The current test procedure references the AHAM DW-1 
    publication for the specifications of the test load without stating 
    what ``AHAM'' stands for. Therefore, to clarify the source of the 
    publication, we propose to introduce the following definition: `` 
    `AHAM' means the Association of Home Appliance Manufacturers.''
    
    E. Re-Testing Soil-Sensing Dishwasher Models With New Test Procedure
    
        Based on our discussions with industry representatives, we 
    understand that soil-sensing dishwashers represent a small portion of 
    the overall dishwasher market. Because most soil-sensing models appear 
    to be fully compliant with the current standard, rather than marginally 
    compliant, we do not expect a significant number of machines to fail to 
    meet the current standard using the new test procedure. Thus, the new 
    test procedure will not require the Department to conduct a series of 
    tests to determine whether to alter the minimum energy conservation 
    standards currently in effect for dishwashers. However, once the new 
    test procedure takes effect (30 days) after the publication of the 
    final rulemaking, all manufacturers must re-test and rate soil-sensor 
    models such that all representations are based on the new test 
    procedure, effective 180 days after it becomes applicable. They must 
    report the new energy use information to the Department, and all models 
    previously in compliance with the standard which no longer meet the 
    standard will be grandfathered. If, however, the Department changes the 
    minimum energy standard in the future, all models must comply with that 
    standard, using the test procedure in effect at that time.
    
    III. Procedural Requirements
    
    A. Review Under the National Environmental Policy Act of 1969
    
        In this proposed rule, the Department proposes amendments to test 
    procedures that may be used to implement future energy conservation 
    standards for dishwashers. The Department has determined that this 
    proposed rule falls into a class of actions that are categorically 
    excluded from review under the National Environmental Policy Act of 
    1969 (NEPA), 42 U.S.C. 4321 et seq. The proposed rule is covered by 
    Categorical Exclusion A5, for rulemakings that interpret or amend an 
    existing rule without changing the environmental effect, as set forth 
    in the Department's NEPA regulations in Appendix A to Subpart D, 10 CFR 
    part 1021. This proposed rule will not affect the quality or 
    distribution of energy usage and, therefore, will not result in any 
    environmental impacts. Accordingly, neither an environmental impact 
    statement nor an environmental assessment is required.
    
    B. Review Under Executive Order 12866, ``Regulatory Planning and 
    Review''
    
        This regulatory proposal is not a ``significant regulatory action'' 
    under Executive Order 12866, ``Regulatory Planning and Review.'' 58 FR 
    51735 (October 4, 1993). Accordingly, the proposed action is not 
    subject to review under the Executive Order by the Office of 
    Information and Regulatory Affairs.
    
    C. Review Under the Regulatory Flexibility Act of 1980
    
        The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, requires 
    that an agency prepare an initial regulatory flexibility analysis for 
    any rule, for which a general notice of proposed rulemaking is 
    required, that would have a significant economic effect on small 
    entities unless the agency certifies that the proposed rule, if 
    promulgated, will not have a significant economic impact on a 
    substantial number of small entities. 5 U.S.C. 605.
        This proposed rule prescribes test procedures that will be used to 
    test compliance with energy conservation standards. The proposed rule 
    affects dishwasher test procedures and would not have a significant 
    economic impact, but rather would provide common testing methods. 
    Therefore DOE believes that the proposed rule would not have a 
    ``significant economic impact on a substantial number of small 
    entities,'' and the preparation of a regulatory flexibility analysis is 
    not warranted.
    
    D. ``Takings'' Assessment Review
    
        DOE has determined pursuant to Executive Order 12630, 
    ``Governmental Actions and Interference with Constitutionally Protected 
    Property Rights,'' 53 FR 8859 (March 18, 1988), that this regulatory 
    proposal, if adopted, would not result in any takings which might 
    require compensation under the Fifth Amendment to the United States 
    Constitution.
    
    E. Federalism Review
    
        Executive Order 12612, ``Federalism,'' 52 FR 41685 (October 30, 
    1987), requires that regulations, rules, legislation, and any other 
    policy actions be reviewed for any substantial direct effects on 
    States, on the relationship between the Federal Government and the 
    States, or on the distribution of power and responsibilities among 
    various levels of Government. If there are substantial direct effects, 
    then this Executive Order requires preparation of a Federalism 
    assessment to be used in all decisions involved in promulgating and 
    implementing a policy action.
        The proposed rule published today would not regulate the States. 
    Accordingly, DOE has determined that preparation of a Federalism 
    assessment is unnecessary.
    
    F. Review Under the Paperwork Reduction Act
    
        No new information or recordkeeping requirements are imposed by 
    this proposed rulemaking. Accordingly, no OMB clearance is required 
    under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
    
    G. Review Under Executive Order 12988, ``Civil Justice Reform''
    
        With respect to the review of existing regulations and the 
    promulgation of new regulations, section 3(a) of Executive Order 12988, 
    ``Civil Justice Reform,'' 61 FR 4729 (February 7, 1996), imposes on 
    executive agencies the following requirements: (1) Eliminate drafting 
    errors and ambiguity; (2) write regulations to minimize litigation; and 
    (3) provide a clear legal standard for affected conduct rather than a 
    general standard and promote simplification and burden reduction. With 
    regard to the review required by section 3(a), section 3(b) of the 
    Executive Order specifically requires that Executive agencies make 
    every reasonable effort to
    
    [[Page 52255]]
    
    ensure that the regulation: (1) Clearly specifies the preemptive 
    effect, if any; (2) clearly specifies any effect on existing Federal 
    law or regulation; (3) provides a clear legal standard for affected 
    conduct while promoting simplification and reducing burdens; (4) 
    specifies the retroactive effect, if any; (5) adequately defines key 
    terms; and (6) addresses other important issues affecting clarity and 
    general draftsmanship under any guidelines issued by the Attorney 
    General. Section 3 of the Executive Order requires Executive agencies 
    to review regulations in light of applicable standards in sections 3(a) 
    and 3(b) to determine whether they are met or it is unreasonable to 
    meet one or more of them.
        The Department reviewed today's proposed rule under the standards 
    of Section 3 of the Executive Order and determined that, to the extent 
    permitted by law, it meets the requirements of those standards.
    
    H. Review Under the Unfunded Mandates Reform Act of 1995
    
        Section 202 of the Unfunded Mandates Reform Act of 1995 (``Unfunded 
    Mandates Act'') requires that the Department prepare a budgetary impact 
    statement before promulgating a rule that includes a Federal mandate 
    that may result in expenditure by state, local, and tribal governments, 
    in the aggregate, or by the private sector, of $100 million or more in 
    any one year. The budgetary impact statement must include: (i) 
    Identification of the Federal law under which the rule is promulgated; 
    (ii) a qualitative and quantitative assessment of anticipated costs and 
    benefits of the Federal mandate and an analysis of the extent to which 
    such costs to state, local, and tribal governments may be paid with 
    Federal financial assistance; (iii) if feasible, estimates of the 
    future compliance costs and of any disproportionate budgetary effects 
    the mandate has on particular regions, communities, non-Federal units 
    of government, or sectors of the economy; (iv) if feasible, estimates 
    of the effect on the national economy; and (v) a description of the 
    Department's prior consultation with elected representatives of state, 
    local, and tribal governments and a summary and evaluation of the 
    comments and concerns presented.
        The Department has determined that the action proposed today does 
    not include a Federal mandate that may result in estimated costs of 
    $100 million or more to state, local, or tribal governments in the 
    aggregate or to the private sector. Therefore, the requirements of 
    Sections 203 and 204 of the Unfunded Mandates Act do not apply to this 
    action.
    
    I. Review Under the Plain Language Directives
    
        Section 1(b)(12) of Executive Order 12866 requires that each agency 
    shall draft its regulations to be simple and easy to understand, with 
    the goal of minimizing the potential for uncertainty and litigation 
    arising from such uncertainty. Similarly, the Presidential memorandum 
    of June 1, 1998 (63 FR 31883) directs the heads of executive 
    departments and agencies to use, by January 1, 1999, plain language in 
    all proposed and final rulemaking documents published in the Federal 
    Register, unless the rule was proposed before that date.
        Today's proposed rule uses the following general techniques to 
    abide by Section 1(b)(12) of Executive Order 12866 and the Presidential 
    memorandum of June 1, 1998 (63 FR 31883):
         Organization of the material to serve the needs of the 
    readers (stakeholders).
         Use of common, everyday words in short sentences.
         Shorter sentences and sections.
        We invite your comments on how to make this proposed rule easier to 
    understand.
    
    J. Review Under the Treasury and General Government Appropriations Act, 
    1999
    
        Section 654 of the Treasury and General Government Appropriations 
    Act, 1999 (Pub. L. No. 105-277) requires Federal agencies to issue a 
    Family Policymaking Assessment for any proposed rule or policy that may 
    affect family well-being. Today's proposal would not have any impact on 
    the autonomy or integrity of the family as an institution. Accordingly, 
    DOE has concluded that it is not necessary to prepare a Family 
    Policymaking Assessment.
    
    IV. Public Comment
    
    A. Written Comment Procedures
    
        The Department invites interested persons to participate in the 
    proposed rulemaking by submitting data, comments, or information with 
    respect to the proposed issues set forth in today's proposed rule to 
    Ms. Barbara Twigg, at the address indicated at the beginning of this 
    notice. We will consider all submittals received by the date specified 
    at the beginning of this notice in developing the final rule.
        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 one complete copy of the document and ten (10) 
    copies, if possible, from which the information believed to be 
    confidential has been deleted. The Department of Energy will make its 
    own determination with regard to the confidential status of the 
    information and treat it according to its determination.
        Factors of interest to the Department when evaluating requests to 
    treat as confidential information that has been submitted include: (1) 
    A description of the items; (2) an indication as to 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) an indication as to 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.
    
    B. Public Workshop
    
    1. Procedures for Submitting Requests To Speak
        You will find the time and place of the public workshop listed at 
    the beginning of this notice of proposed rulemaking. The Department 
    invites any person who has an interest in today's notice of proposed 
    rulemaking, or who is a representative of a group or class of persons 
    that has an interest in these proposed issues, to make a request for an 
    opportunity to make an oral presentation. If you would like to attend 
    the public workshop, please notify Ms. Brenda Edwards-Jones at (202) 
    586-2945. You may hand deliver requests to speak to the address 
    indicated at the beginning of this notice between the hours of 8:00 
    a.m. and 4:00 p.m., Monday through Friday, except Federal holidays, or 
    send them by mail.
        The person making the request should state why he or she, either 
    individually or as a representative of a group or class of persons, is 
    an appropriate spokesperson, briefly describe the nature of the 
    interest in the rulemaking, and provide a telephone number for contact.
        The Department requests each person selected to be heard to submit 
    an
    
    [[Page 52256]]
    
    advance copy of his or her statement at least two weeks prior to the 
    date of this workshop as indicated at the beginning of this notice. The 
    Department, at its discretion, may permit any person wishing to speak 
    who cannot meet this requirement to participate if that person has made 
    alternative arrangements with the Office of Codes and Standards in 
    advance. The letter making a request to give an oral presentation must 
    ask for such alternative arrangements.
    2. Conduct of Workshop
        The workshop (hearing) will be conducted in an informal, conference 
    style. The Department may use a professional facilitator to facilitate 
    discussion, and a court reporter will be present to record the 
    transcript of the meeting. We will present summaries of comments 
    received before the workshop, allow time for presentations by workshop 
    participants, and encourage all interested parties to share their views 
    on issues affecting this rulemaking. Following the workshop, we will 
    provide an additional comment period, during which interested parties 
    will have an opportunity to comment on the proceedings at the workshop, 
    as well as on any aspect of the rulemaking proceeding.
        The Department will arrange for a transcript of the workshop and 
    will make the entire record of this rulemaking, including the 
    transcript, available for inspection in the Department's Freedom of 
    Information Reading Room. Any person may purchase a copy of the 
    transcript from the transcribing reporter.
    
    C. Issues Requested for Comment
    
        The Department of Energy is interested in receiving comments and/or 
    data concerning the feasibility, workability, and appropriateness of 
    the test procedures proposed in this proposed rulemaking. Also, DOE 
    welcomes discussion on improvements or alternatives to these 
    approaches. We are especially interested in any data regarding:
        (1) The frequency with which dishwashers' loads are pre-treated;
        (2) The amount of water energy consumed in pretreatment (kW);
        (3) The degree of cleanliness of pre-treated dishes;
        (4) The typical soil levels for the normal cycle;
        (5) The frequency that max., min., and other normal cycles are run 
    and the corresponding energy consumption for those respective cycles;
        (6) Any dishwashers adversely affected by changing the definitions 
    of compact and standard models; and
        (7) any soil-sensing dishwashers adversely affected by the new test 
    procedure.
        These data will help us to select the percentages reflecting how 
    often dishwashers encounter well-rinsed or soiled loads.
    
    List of Subjects in 10 CFR Part 430
    
        Administrative practice and procedure, Energy conservation, 
    Household appliances.
    
        Issued in Washington, DC, on September 20, 1999.
    Dan W. Reicher,
    Assistant Secretary, Energy Efficiency and Renewable Energy.
    
        For the reasons set forth in the preamble, the Department proposes 
    to amend Part 430 of Chapter II of Title 10, Code of Federal 
    Regulations, to read as follows.
    
    PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS
    
        1. The authority citation for Part 430 continues to read as 
    follows:
    
        Authority: 42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.
    
        2. Section 430.23 of Subpart B is amended by revising the section 
    heading, and paragraph (c) to read as follows:
    
    
    Sec. 430.23  Test procedures for the measurement of energy consumption.
    
    * * * * *
        (c) Dishwashers. (1) The Estimated Annual Operating Cost (EAOC) for 
    dishwashers is defined as follows:
        (i) When electrically-heated water (120  deg.F or 140  deg.F) is 
    used or when cold water (50  deg.F) is used--
        (A) For dishwashers having a truncated normal cycle as defined in 
    1.10 of appendix C to this subpart, EAOCt=N  x  
    De  x  [0.5  x  (Mn+Mt)], and
        (B) For dishwashers not having a truncated normal cycle, 
    EAOCn=N  x  De  x  Mn,
    
    where
    
    N=the representative average use of 264 cycles per year,
    De=the representative average unit cost of electrical energy 
    in dollars per kilowatt-hour as provided by the Secretary.
    Mn=the total machine electrical energy consumption per-cycle 
    for the normal cycle as defined in 1.5 of Appendix C to this subpart, 
    in kilowatt-hours and determined according to 5.1 of Appendix C to this 
    subpart.
    Mt=the total machine electrical energy consumption per-cycle 
    for the truncated normal cycle as defined in 1.10 of Appendix C to this 
    subpart, in kilowatt-hours and determined according to 5.1 of Appendix 
    C to this subpart.
    
        (C) You must round off the resulting estimated annual operating 
    cost to the nearest dollar per year.
        (ii) When gas-heated or oil-heated water is used:
        (A) For dishwashers having a truncated normal cycle as defined in 
    1.10 of Appendix C to this subpart, EAOCt=N  x  
    [(De  x  0.5(Mn+Mt))+(Dw 
    x  0.5(Wn+Wt))], and
        (B) For dishwashers not having a truncated normal cycle, 
    EAOCn=N  x  [(De  x  
    Mn)+(Dw  x  Wn)],
    
    where
    
    N, De, Mn, and Mt are defined in 
    (c)(1)(i) of this section.
    Dw=the representative average unit cost in dollars per Btu 
    for gas or oil, as appropriate, as provided by the Secretary.
    Wn=the total water energy consumption per cycle for the 
    normal cycle as defined in 1.5 of appendix C to this subpart, in Btus 
    and determined according to 5.3 of appendix C to this subpart.
    Wt=the total water energy consumption per cycle for the 
    truncated normal cycle as defined in 1.10 of appendix C to this 
    subpart, in Btus and determined according to 5.3 of appendix C to this 
    subpart.
    
        (C) You must round off the resulting estimated annual operating 
    cost to the nearest dollar per year.
        (2) The energy factor for dishwashers, expressed in cycles per 
    kilowatt-hour is defined as:
        (i) For dishwashers not having a truncated normal cycle, as defined 
    in 1.10 of Appendix C to this subpart, the reciprocal of the total 
    energy consumption per cycle for the normal cycle in kilowatt-hours per 
    cycle, determined according to 5.5 of appendix C to this subpart, and
        (ii) For dishwashers having a truncated normal cycle, as defined in 
    1.10 of appendix C to this subpart, the reciprocal of one-half the sum 
    of--
        (A) The total energy consumption per cycle for the normal cycle, 
    plus
        (B) The total energy consumption per cycle for the truncated normal 
    cycle, each in kilowatt-hours per cycle and determined according to 5.5 
    of appendix C to this subpart.
        (3) Other useful measures of energy consumption for dishwashers are 
    those which the Secretary determines are likely to assist consumers in 
    making purchasing decisions and which are
    
    [[Page 52257]]
    
    derived from the application of Appendix C to this subpart.
    * * * * *
        3. Appendix C to Subpart B of Part 430 is revised to read as 
    follows:
    
    Appendix C to Subpart B of Part 430--Uniform Test Method for 
    Measuring the Energy Consumption of Dishwashers
    
    1. Definitions
    
        1.1  AHAM means the Association of Home Appliance Manufacturers.
        1.2  Conventional dishwasher means a dishwasher that does not 
    have a mechanism to adjust the cycle and/or number of wash or rinse 
    operations based on the soil load of the dishes.
        1.3  Cycle means a sequence of operations of a dishwasher which 
    performs a complete dishwashing function, and may include variations 
    or combinations of washing, rinsing, and drying.
        1.4  Cycle type means any complete sequence of operations 
    capable of being preset on the dishwasher prior to the initiation of 
    machine operation.
        1.5  Normal cycle means the cycle type recommended by the 
    manufacturer for completely washing a full load of normally soiled 
    dishes including the power-dry feature.
        1.6  Power-dry feature means the introduction of electrically 
    generated heat into the washing chamber for the purpose of improving 
    the drying performance of the dishwasher.
        1.7  Sensor normal cycle means the range of operations in a 
    soil-sensing dishwasher that constitutes the cycle type recommended 
    by the manufacturer for completely washing a full load of normally 
    soiled dishes including the power-dry feature.
        1.8  Sensor truncated normal cycle means the sensor normal cycle 
    preset to eliminate the power-dry feature after the termination of 
    the last rinse operation.
        1.9  Soil-sensing dishwasher means a dishwasher that has a 
    mechanism to adjust the cycle and/or number of wash or rinse 
    operations based on the soil load of the dishes.
        1.10  Truncated normal cycle means the normal cycle preset to 
    eliminate the power-dry feature after the termination of the last 
    rinse operation.
        1.11  Water heating dishwasher means a dishwasher which is 
    designed for heating cold inlet water (nominal 50  deg.F) or a 
    dishwasher for which the manufacturer recommends operation with a 
    nominal inlet water temperature of 120  deg.F, and may operate at 
    either of these inlet water temperatures by providing internal water 
    heating to above 120  deg.F in at least one wash phase of the normal 
    cycle.
    
    2. Test Conditions
    
        2.1  Installation Requirements. Install the dishwasher according 
    to the manufacturer's instructions. A standard or compact under-
    counter or under-sink dishwasher must be tested in a rectangular 
    enclosure constructed of nominal 0.374 inch (9.5 mm) plywood painted 
    black. The enclosure must consist of a top, a bottom, a back, and 
    two sides. If the dishwasher includes a counter top as part of the 
    appliance, omit the top of the enclosure. Bring the enclosure into 
    the closest contact with the appliance that the configuration of the 
    dishwasher will allow.
        2.2  Electrical energy supply.
        2.2.1  Dishwashers that operate with an electrical supply of 115 
    volts. Maintain the electrical supply to the dishwasher within two 
    percent of 115 volts and within one percent of the nameplate 
    frequency as specified by the manufacturer.
        2.2.2  Dishwashers that operate with an electrical supply of 240 
    volts. Maintain the electrical supply to the dishwasher within two 
    percent of 240 volts and within one percent of its nameplate 
    frequency as specified by the manufacturer.
        2.3  Water temperature. Measure the temperature of the water 
    supplied to the dishwasher using a temperature measuring device as 
    specified in 3.1 of this Appendix.
        2.3.1  Dishwashers to be tested at a nominal 140  deg.F inlet 
    water temperature. Maintain the water supply temperature at 140 
     5  deg.5.
        2.3.2  Dishwashers to be tested at a nominal 120  deg.F inlet 
    water temperature. Maintain the water supply temperature at 120 
     2  deg.F.
        2.3.3  Dishwashers to be tested at a nominal 50  deg.F inlet 
    water temperature. Maintain the water supply temperature at 50 
     2  deg.F.
        2.4  Water pressure. Using a water pressure gauge as specified 
    in 3.3 of this Appendix, maintain the pressure of the water supply 
    at 35  2.5 pounds per square inch gauge (psig).
        2.5  Ambient and machine temperature. Using a temperature 
    measuring device as specified in 3.1 of this Appendix, maintain the 
    room ambient air temperature at 75 5  deg.F, and ensure 
    that the dishwasher and the test load are at room ambient 
    temperature at the start of each test cycle.
        2.6  Load.
        2.6.1  Conventional dishwashers to be tested at a nominal inlet 
    temperature of 140 deg.F. These units must be tested on the normal 
    cycle without a test load.
        2.6.2  Conventional dishwashers to be tested at a nominal inlet 
    temperature of 50 deg.F or 120 deg.F. These units must be tested on 
    the normal cycle with a test load of eight place settings plus six 
    serving pieces, as specified in Section 6 of AHAM Standard DW-1. If 
    the capacity of the dishwasher, as stated by the manufacturer, is 
    less than eight place settings, then the test load must be the 
    stated capacity.
        2.6.3  Soil-sensing dishwashers to be tested at a nominal inlet 
    temperature of 140 deg.F. These units must be tested on the sensor 
    normal cycle, as defined in 1.7 of this Appendix, without a test 
    load.
        2.6.4  Soil-sensing dishwashers to be tested at a nominal inlet 
    temperature of 50 deg.F or 120 deg.F. These units must be tested on 
    the sensor normal cycle, as defined in 1.7 of this Appendix, with a 
    test load of eight place settings plus six serving pieces, as 
    specified in section 6 of AHAM Standard DW-1. If the capacity of the 
    dishwasher, as stated by the manufacturer, is less than eight place 
    settings, then the test load must be the stated capacity.
        2.7  Testing requirements. Provisions in this Appendix 
    pertaining to dishwashers that operate with a nominal inlet 
    temperature of 50  deg.F or 120  deg.F apply only to water heating 
    dishwashers.
        2.8  Preconditioning cycle. Perform a preconditioning cycle by 
    establishing the testing conditions set forth in sections 2.1 
    through 2.5 of this Appendix. Set the dishwasher to the normal cycle 
    without using a test load, initiate the cycle, and allow the cycle 
    to proceed to completion. Ensure that the water lines and sump area 
    of the pump are primed.
    
    3. Instrumentation
    
        3.1  Temperature measuring device. The device must have an error 
    no greater than 1  deg.F over the range being measured.
        3.2  Water meter. The water meter must have a resolution of no 
    larger than 0.1 gallons and a maximum error no greater than 1.5 
    percent for all water flow rates from one to five gallons per minute 
    and for all water temperatures encountered in the test cycle.
        3.3  Water pressure gauge. The water pressure gauge must have a 
    resolution of one pound per square inch (psi) and must have an error 
    no greater than 5 percent of any measured value over the range of 35 
     2.5 psig.
        3.4  Watt-hour meter. The watt-hour meter must have a resolution 
    of no greater than 1 watt-hour and a maximum error of no more than 1 
    percent of the measured value for any demand greater than 50 watts.
    
    4. Test Cycle and Measurements
    
        4.1  Test cycle. Perform a test cycle by establishing the 
    testing conditions set forth in section 2 of this Appendix, setting 
    the dishwasher to the cycle type to be tested, initiating the cycle, 
    and allowing the cycle to proceed to completion.
        4.2  Machine electrical energy consumption.
        4.2.1  Conventional dishwashers only. Measure the electrical 
    energy consumed by the machine during the test cycle, M, expressed 
    in kilowatt-hours per cycle, using a water supply temperature as set 
    forth in 2.3 of this Appendix and using a watt-hour meter as 
    specified in 3.4.
        4.2.2  Soil-sensing dishwashers only. Measure the electrical 
    energy consumed by the machine during the minimum sensor normal 
    cycle, Mmin, expressed in kilowatt-hours per cycle, using 
    a water supply temperature as set forth in 2.3 of this Appendix and 
    using a watt-hour meter as specified in 3.4. Measure the electrical 
    energy consumed by the machine during the maximum sensor normal 
    cycle, Mmax, expressed in kilowatt-hours per cycle, using 
    a water supply temperature as set forth in 2.3 of this Appendix and 
    using a watt-hour meter as specified in 3.4. If a manufacturer 
    cannot artificially force a maximum sensor normal response, the 
    manufacturer must introduce a soil load, as specified in the AHAM 
    DW-1 performance test, and record the machine electrical energy 
    consumption as Mmax.
        4.3  Water consumption.
        4.3.1  Conventional dishwashers only. Measure the water 
    consumption, V, specified as the number of gallons delivered to the
    
    [[Page 52256]]
    
    dishwasher during the entire test of the normal cycle, using a water 
    meter as specified in 3.2 of this Appendix.
        4.3.2  Soil-sensing dishwashers only. Measure the minimum water 
    consumption, vMin, specified as the number of gallons 
    delivered to the dishwasher during the sensor normal test cycle, 
    using a water meter as specified in 3.2 of this Appendix. Measure 
    the maximum water consumption, Vmax, specified as the 
    number of gallons delivered to the dishwasher during the maximum 
    sensor normal test cycle, using a water meter as specified in 3.2 of 
    this Appendix.
        4.4  Report values. You must report the electrical energy 
    consumption and water consumption values for the machine, as 
    measured.
    
    5. Calculation of Derived Results From Test Measurements
    
        5.1  Machine energy consumption. Determine the machine energy 
    consumption for conventional or soil-sensing dishwashers according 
    to sections 5.1.1 and 5.2.2, respectively. Use the notation 
    Mn to represent the resulting value, M, for a test of the 
    normal or sensor normal cycle and Mt to represent the 
    resulting value, M, for a test of the truncated normal or sensor 
    truncated normal cycle.
        5.1.1  Conventional dishwashers only. For each test cycle 
    (normal or truncated normal), use the measured value recorded in 
    section 4.2.1 as the per-cycle machine electrical energy 
    consumption, M, expressed in kilowatt-hours per cycle.
        5.1.2  Soil-sensing dishwashers only. For each test cycle 
    (sensor normal or sensor truncated normal), calculate the electrical 
    energy consumption for the machine, M, expressed in kilowatt-hours 
    per cycle and defined as:
    
    M=[Mmin  x  (P)+Mmax  x  (1-P)]
    
    where,
    
    Mmin=the machine electrical energy consumption during the 
    sensor normal cycle as measured according to section 4.2.2.
    P=the fraction of residential dishwasher owners that pre-treat 
    dishes=0.70.
    Mmax=the machine electrical energy consumption with the 
    maximum sensor normal response as measured according to section 
    4.2.2.
    (1-P)=the fraction of residential dishwasher owners that do not pre-
    treat dishes=0.30.
    
        5.2  Water consumption per cycle for soil-sensing dishwashers 
    only. For each test cycle (sensor normal or sensor truncated 
    normal), calculate the water consumption, V, expressed in gallons 
    per cycle and defined as:
    
    V=[Vmin  x  (P)+Vmax  x  (1-P)]
    
    where,
    Vmin=the water consumption during the minimum sensor 
    normal cycle, as measured according to section 4.3.2.
    P=the fraction of residential dishwasher owners that pre-treat 
    dishes = 0.70.
    Vmax=the water consumption with the maximum sensor normal 
    response, as measured according to section 4.3.2.
    (1-P)=the fraction of residential dishwasher owners that do not pre-
    treat dishes = 0.30.
    
        5.3  Water energy consumption per cycle for dishwashers using 
    electrically heated water. Determine the water energy consumption 
    for conventional dishwashers according to sections 5.3.1.1 and 
    5.3.2.1. Determine the water energy consumption for soil-sensing 
    dishwashers according to sections 5.3.1.2 and 5.3.2.2. Use the 
    notation Wen to represent the resulting value, 
    We, for a test of the normal or sensor normal cycle and 
    Wet to represent the resulting value, We, for 
    a test of the truncated normal or sensor truncated normal cycle.
        5.3.1  Dishwashers that operate with a nominal 140  deg.F inlet 
    water temperature, only.
        5.3.1.1  Conventional dishwashers. For each test cycle, 
    calculate the water energy consumption, We, expressed in 
    kilowatt-hours per cycle and defined as:
    
    We=V  x  T''  x  K
    
    where,
    
    V=reported water consumption in gallons per cycle, as measured in 
    4.3.1 of this Appendix.
    T''=nominal water heater temperature rise=90  deg.F.
    K=specific heat of water in kilowatt-hours per gallon per degree 
    Fahrenheit=0.0024.
    
        5.3.1.2  Soil-sensing dishwashers. For each test cycle, 
    calculate the water energy consumption, We, expressed in 
    kilowatt-hours per cycle and defined as:
    
    We=V  x  T''  x  K
    
    where,
    
    V is calculated in 5.2 of this Appendix.
    T''=nominal water heater temperature rise=90  deg.F.
    K=specific heat of water in kilowatt-hours per gallon per degree 
    Fahrenheit=0.0024.
    
        5.3.2  Dishwashers that operate with a nominal inlet water 
    temperature of 120  deg.F.
        5.3.2.1  Conventional dishwashers. For each test cycle, 
    calculate the water energy consumption, We, expressed in 
    kilowatt-hours per cycle and defined as:
    
    We=V  x  T'  x  K
    
    where,
    
    V=reported water consumption in gallons per cycle, as measured in 
    4.3.1 of this Appendix.
    T'=nominal water heater temperature rise=70  deg.F.
    K=specific heat of water in kilowatt-hours per gallon per degree 
    Fahrenheit=0.0024.
    
        5.3.2.2  Soil-sensing dishwashers. For each test cycle, 
    calculate the water energy consumption, We, expressed in 
    kilowatt-hours per cycle and defined as:
    
    We=V  x  T'  x  K
    where,
    
    V is calculated in 5.2 of this Appendix.
    T'=nominal water heater temperature rise=70  deg.F.
    K=specific heat of water in kilowatt-hours per gallon per degree 
    Fahrenheit=0.0024.
    
        5.4  Water energy consumption per cycle using gas-heated or oil-
    heated water. Determine the water energy consumption for 
    conventional dishwashers according to Secs. 5.4.1.1 and 5.4.2.1. 
    Determine the water energy consumption for soil-sensing dishwashers 
    according to sections 5.4.1.2 and 5.4.2.2. Use the notation 
    Wgn to represent the resulting value, Wg, for 
    a test of the normal or sensor normal cycle and Wgt to 
    represent the resulting value, Wg, for a test of the 
    truncated normal or sensor truncated normal cycle.
        5.4.1  Dishwashers that operate with a nominal 140  deg.F inlet 
    water temperature, only.
        5.4.1.1  Conventional dishwashers. For each test cycle, 
    calculate the water energy consumption using gas-heated or oil-
    heated water, Wg, expressed in Btus per cycle and defined 
    as:
    
    Wg=V  x  T''  x  C/e
    
    where,
    V=reported water consumption in gallons per cycle, as measured in 
    4.3.1 of this Appendix.
    T''=nominal water heater temperature rise=90  deg.F.
    C=specific heat of water in Btus per gallon per degree 
    Fahrenheit=8.20.
    e=nominal gas or oil water heater recovery efficiency=0.75.
    
        5.4.1.2  Soil-sensing dishwashers. For each test cycle, 
    calculate the water energy consumption using gas heated or oil 
    heated water, Wg, expressed in Btus per cycle and defined 
    as:
    
    Wg=V  x  T''  x  C/e
    where,
    
    V is calculated in 5.2 of this Appendix.
    T''=nominal water heater temperature rise=90  deg.F.
    C=specific heat of water in Btus per gallon per degree 
    Fahrenheit=8.20.
    e=nominal gas or oil water heater recovery efficiency=0.75.
    
        5.4.2  Dishwashers that operate with a nominal inlet water 
    temperature of 120  deg.F.
        5.4.2.1  Conventional dishwashers. For each test cycle, 
    calculate the water energy consumption using gas heated or oil 
    heated water, Wg, expressed in Btus per cycle and defined 
    as:
    
    Wg=V  x  T''  x  C/e.
    
    where,
    
    V is measured in 4.3.1 of this Appendix.
    T'=nominal water heater temperature rise=70  deg.F.
    C=specific heat of water in Btus per gallon per degree 
    Fahrenheit=8.20.
    e=nominal gas or oil water heater recovery efficiency=0.75.
    
        5.4.2.2  Soil-sensing dishwashers. Calculate for the cycle type 
    under test the water energy consumption per cycle using gas heated 
    or oil heated water, Wg, expressed in Btus per cycle and 
    defined as:
    
    Wg=V  x  T'  x  C/e.
    
    where
    
    V is calculated in 5.2 of this Appendix.
    T'=nominal water heater temperature rise=70  deg.F.
    C=specific heat of water in Btus per gallon per degree 
    Fahrenheit=8.20.
    e=nominal gas or oil water heater recovery efficiency=0.75.
    
        5.5  Total energy consumption per cycle. For each test cycle, 
    calculate the total per-cycle energy consumption, E, expressed in
    
    [[Page 52259]]
    
    kilowatt-hours per cycle, and defined as the sum of the per-cycle 
    machine electrical energy consumption, M, plus the per-cycle water 
    energy consumption of electrically-heated water, W, calculated for 
    the cycle type, according to 5.1 and 5.3 respectively.
    
        4. Section 430.32 of Subpart C is amended by revising paragraph (f) 
    to read as follows:
    
    
    Sec. 430.32  Energy and water conservation standards and effective 
    dates.
    
    * * * * *
        (f) Dishwashers. The energy factor of dishwashers manufactured on 
    or after May 14, 1994, must not be less than:
    
    ------------------------------------------------------------------------
                                                                     Energy
                                                                     factor
                            Product class                           (cycles/
                                                                      KWh)
    ------------------------------------------------------------------------
    (1) Compact Dishwasher (capacity less than eight place              0.62
     settings plus six serving pieces as specified in section 6
     of AHAM Standard DW-1)......................................
    (2) Standard Dishwasher (capacity equal to or greater than          0.46
     eight place settings plus six serving pieces as specified in
     section 6 of AHAM Standard DW-1)............................
    ------------------------------------------------------------------------
    
    * * * * *
    [FR Doc. 99-25186 Filed 9-27-99; 8:45 am]
    BILLING CODE 6450-01-P
    
    
    

Document Information

Published:
09/28/1999
Department:
Energy Efficiency and Renewable Energy Office
Entry Type:
Proposed Rule
Action:
Notice of proposed rulemaking and public workshop.
Document Number:
99-25186
Dates:
The Department will accept comments, data, and information regarding the proposed rule no later than December 13, 1999. Please submit ten (10) copies. In addition, the Department requests that you provide an electronic copy (3\1/2\'' diskette) of the comments in WordPerfect TM format.
Pages:
52248-52259 (12 pages)
Docket Numbers:
Docket No. EE-RM/TP-99-500
RINs:
1904-AA52: Test Procedures for Kitchen Ranges, Ovens and Microwaves
RIN Links:
https://www.federalregister.gov/regulations/1904-AA52/test-procedures-for-kitchen-ranges-ovens-and-microwaves
PDF File:
99-25186.pdf
CFR: (2)
10 CFR 430.23
10 CFR 430.32