[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: [email protected]; 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: 
[email protected]

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

[[Page 52250]]

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

[[Page 52251]]

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

[[Page 52252]]

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

[[Page 52253]]

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