[Federal Register Volume 67, Number 170 (Tuesday, September 3, 2002)]
[Proposed Rules]
[Pages 56232-56244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-22315]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 67, No. 170 / Tuesday, September 3, 2002 / 
Proposed Rules  

[[Page 56232]]



DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

10 CFR Part 430

[Docket No. EE-RM/TP-99-500]
RIN 1904-AB04


Energy Conservation Program for Consumer Products: Test Procedure 
for Dishwashers

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

ACTION: Notice of proposed rulemaking and public hearing.

-----------------------------------------------------------------------

SUMMARY: The Department of Energy (We, DOE, or the Department) will 
hold a public hearing to discuss and receive comments on DOE's proposal 
to amend its test procedure for residential dishwashers. The proposal 
adds new definitions for non soil-sensing dishwashers, soil-sensing 
dishwashers, and standby power. It introduces a new test procedure for 
soil-sensing dishwashers, proposes to require that the measurement of 
standby power consumption be included in the estimated annual energy 
use and estimated annual operating cost calculations for dishwashers, 
and adds new specifications for instrumentation requirements. It also 
revises the value of one of the parameters used for calculating the 
estimated annual operating cost, that is, the representative average 
dishwasher use, based on new survey data on consumer practices.

DATES: The Department will hold a public hearing on Tuesday, October 
22, 2002, at 9 a.m., in Washington, DC. Requests to speak at the 
hearing must be received by the Department no later than 4 p.m., 
October 8, 2002. A computer diskette or CD (WordPerfect \TM\ 8) of 
statements to be given at the public hearing must be received by the 
Department no later than 4 p.m., October 8, 2002.
    The Department will accept comments, data, and information 
regarding the proposed rule before or after the public hearing, but no 
later than November 18, 2002.

ADDRESSES:

Submission of Comments

    The Department will accept comments, data, and information 
regarding the proposed rule before or after the public hearing, but no 
later than the date provided in the DATES section. All written comments 
should be addressed to Ms. Brenda Edwards-Jones, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, EE-41, 1000 
Independence Avenue, SW, Washington, DC, 20585-0121. DOE requests a 
signed original and a computer diskette or CD (WordPerfect \TM\ 8) of 
the written comments. DOE will also accept electronically-mailed 
comments, e-mailed to [email protected], but you must 
also provide the Department with a signed hard copy of your comments. 
All envelopes and documents should be labeled, ``Energy Conservation 
Program for Consumer Products: Test Procedures for Dishwashers, Docket 
No. EE-RM/TP-99-500.''
    Requests to make statements at the public hearing and copies of 
such statements should be addressed to Ms. Brenda Edwards-Jones 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. E-mail address: [email protected]. The hearing will begin at 9 a.m. on Tuesday, October 
22, 2002, in Room IE-245 at the U.S. Department of Energy, Forrestal 
Building, 1000 Independence Avenue, SW, Washington, DC 20585. For more 
information concerning public participation in this rulemaking 
proceeding, see section IV, ``Public Comment,'' of this notice of 
proposed rulemaking.
    Copies of the transcript of the public hearing, public comments 
received, and this notice of proposed rulemaking may be read at the 
Freedom of Information Reading Room (Room 1E-190) at the U.S. 
Department of Energy, Forrestal Building, 1000 Independence Avenue, SW, 
Washington, DC 20585, between the hours of 9 a.m. and 4 p.m., Monday 
through Friday, except Federal holidays.

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 Francine Pinto, Esq., U.S. 
Department of Energy, Office of General Counsel, GC-72, 1000 
Independence Avenue, SW, Washington, DC 20585-0121, (202) 586-7432, 
email: [email protected].

SUPPLEMENTARY INFORMATION: This notice of proposed rulemaking 
incorporates by reference the ``American National Standard, Household 
Electric Dishwashers, ANSI/AHAM DW-1-1992,'' and the August 20, 1999 
``Addendum to Appendix A of AHAM DW-1-1992'' published by the 
Association of Home Appliance Manufacturers (AHAM). Copies of the 
standards to be incorporated by reference may be viewed at the 
Department of Energy's Freedom of Information Reading Room at the 
address stated above. You may also obtain copies of the referenced 
standard AHAM DW-1-1992, along with the 1999 Addendum, from the 
Association of Home Appliance Manufacturers, 1111 19th Street, NW, 
Suite 402, Washington, DC 20036, (202) 872-5955.
    Information regarding this rulemaking is also available on the 
Office of Building Research and Standards Web site at the following 
address: http://www.eren.doe.gov/buildings/codes_standards/index.htm

I. Introduction
    A. Authority
    B. Background
    C. The Proposed Rule
II. Discussion
    A. General Discussion
    B. Changes in Consumer Practices--Representative Average 
Dishwasher Use
    C. New Definitions
    D. New Test Procedure for Soil-sensing Dishwashers
    E. New Test Procedure for Standby Power
    F. Instrumentation Requirements
    G. Impact of Test Procedure Revisions
    H. Representation Requirements
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 Executive Order 13211, ``Action Concerning 
Regulations that

[[Page 56233]]

Significantly Affect Energy Supply, Distribution, or Use''
    D. Review Under the Regulatory Flexibility Act
    E. Review Under Executive Order 13132, ``Federalism''
    F. Review Under Executive Order 12630, ``Governmental Actions 
and Interference with Constitutionally Protected Property Rights''
    G. Review Under the Paperwork Reduction Act
    H. Review Under Executive Order 12988, ``Civil Justice Reform''
    I. Review Under Section 32 of the Federal Energy Administration 
Act of 1974
    J. Review Under the Unfunded Mandates Reform Act of 1995
    K. Review Under the Treasury and General Government 
Appropriations Act, 1999
IV. Public Comment
    A. Attendance at Public Hearing
    B. Procedure for Submitting Requests to Speak
    C. Conduct of Hearing
    D. Issues on Which Comments are Requested

I. Introduction

A. Authority

    Part B of Title III of the Energy Policy and Conservation Act of 
1975 (EPCA or Act), Public Law 94-163, as amended by the National 
Energy Conservation Policy Act of 1978 (NECPA), Public Law 95-619, the 
National Appliance Energy Conservation Act of 1987 (NAECA), Public Law 
100-12, the National Appliance Energy Conservation Amendments of 1988 
(NAECA 1988), Public Law 100-357, and the Energy Policy Act of 1992 
(EPACT), Public Law 102-486, established 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. Section 323 of 
EPCA requires the Department, in consultation with the National 
Institute of Standards and Technology (NIST), to establish or amend 
test procedures as appropriate for each of the covered products (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 (42 U.S.C. 
6293(b)(3)).
    If a test procedure is amended, section 323(e)(1) of EPCA requires 
DOE to determine, in the rulemaking, to what extent, if any, the new 
test procedure would change the measured energy efficiency or measured 
energy use of any covered product as determined under the existing test 
procedure (42 U.S.C. 6293(e)(1)). If DOE determines that the amended 
test procedure would change the measured energy efficiency or measured 
energy use of a covered product, DOE must amend the applicable energy 
conservation standard during the rulemaking that establishes the new 
test procedure. In setting the new energy conservation standard, 
section 323(e)(2) of EPCA requires DOE, with the new test procedure, to 
measure the energy efficiency or energy use of a representative sample 
of covered products that minimally comply with the existing standard. 
The average of such energy efficiency or energy use of these 
representative samples, determined under the new test procedure, shall 
constitute the amended energy conservation standard for the applicable 
covered products (42 U.S.C. 6293(e)(2)). Further, models of covered 
products in use the day before the new energy conservation standard 
becomes effective (or revisions of such models that come into use after 
such date and have the same energy efficiency or energy use 
characteristics) and which comply with the energy conservation standard 
applicable to such covered products on the day before the new standard 
becomes effective, shall be deemed to comply with the new energy 
conservation standard (42 U.S.C. 6293(e)(3)).
    Beginning 180 days after an amended or new test procedure for a 
covered product is prescribed or established under EPCA section 323(b), 
no manufacturer, distributor, retailer, or private labeler may make any 
representation with respect to the energy use, efficiency, or cost of 
energy consumed by such product, unless such product has been tested in 
accordance with such amended or new DOE test procedure and such 
representation fairly discloses the results of such testing (42 U.S.C. 
6293(c)(2)).

B. Background

    On December 18, 2001, the Department published a final rule for 
dishwashers that amended certain elements of the then-effective test 
procedure; the rule was made effective June 17, 2002 (66 FR 65091) 
(hereafter referred to as the ``2001 final rule''). The 2001 final rule 
changed the definitions of compact and standard dishwasher models to 
use place setting capacity instead of width, reduced the representative 
average number of use cycles per year from 322 to 264, and tightened 
testing specifications to improve testing repeatability. Although a new 
test procedure for soil-sensing dishwashers had been proposed in the 
Notice of Proposed Rulemaking (NOPR) published on September 28, 1999 
(64 FR 52248), the 2001 final rule deferred action on finalizing a test 
procedure for soil-sensing or adaptive control models until additional 
research could be conducted in three areas. They were to: (1) Evaluate 
consumer behavior regarding the soil levels of typical dishwasher 
loads; (2) assess how consumer behavior concerning loading and rinsing 
could be translated into a representative soil load that could be used 
for repeatable and accurate testing; and (3) determine what kind of 
test procedure would best measure the energy and water consumption of 
dishwashers using a variety of soil-sensing technologies. Investigating 
and analyzing additional survey sources to update how often dishwashers 
are used was an additional goal.
    Because the Department had learned that various research projects 
and surveys had already been conducted by manufacturers and others, we 
began an initiative to consolidate available information and determine 
whether such data were nationally significant and could be used to 
support the development of a new test procedure. However, because much 
of this information was considered proprietary by individual companies 
and entities and not publicly available, we hired an independent 
research organization, Arthur D. Little, Inc. (ADL), to collect all 
available surveys and studies and evaluate them for us. ADL (ADL's 
Technology & Innovation Business is now known as TIAX) focused its 
research effort on the questions listed above, and presented its final 
report to DOE on December 18, 2001, entitled ``Review of Survey Data to 
Support Revisions to DOE's Dishwasher Test Procedure'' (hereafter 
referred to as the ADL report). The report concluded that there was 
adequate, nationally significant information regarding consumer loading 
and pre-rinsing behavior, and presented recommendations regarding how a 
soil-based test procedure could be developed, using the existing 
consumer behavior data. On December 19, 2001, DOE posted the ADL report 
on the DOE Buildings Research and Standards website, along with a brief 
presentation of the type of soil test being considered for soil-sensing 
models. In the following weeks, we evaluated additional information and 
comments that we received as a result of our website

[[Page 56234]]

posting. ADL was directed to provide some additional detail on its 
analysis and on March 5, 2002, produced an addendum to the original 
report (hereafter referred to as the addendum). In formulating proposed 
revisions to the dishwasher test procedure, the Department has 
incorporated ADL's and stakeholder recommendations where appropriate. 
Both the ADL report and the addendum, which are the primary technical 
support documents for this rulemaking, have been placed in the docket 
and administrative record for this rulemaking.

C. The Proposed Rule

    Today's proposed rule contains several major revisions to the 
current dishwasher test procedure. Section II contains discussion 
concerning each of the proposed revisions. The major revisions are as 
follows:
    1. Update the test procedure to reflect the decline in dishwasher 
use by reducing the representative average dishwasher use from 264 
cycles per year to 215 cycles per year, based on more recent survey 
results.
    2. Add new definitions:
     Non soil-sensing dishwashers
     Soil-sensing dishwashers
     Standby mode
     Sensor Heavy Cycle
     Sensor Light Cycle
     Sensor Medium Cycle
     Truncated Sensor Heavy Cycle
     Truncated Sensor Light Cycle
     Truncated Sensor Medium Cycle
    3. Create a separate section in the test procedure for soil-sensing 
dishwashers, adopting a three-level soil test based on the American 
National Standard, Household Electric Dishwashers, ANSI/AHAM DW-1-1992 
and the August 20, 1999 Addendum to Appendix A of AHAM DW-1-1992, 
collectively referred to in this notice as AHAM DW-1.
    4. Require the measurement of the standby power consumption for 
both non soil-sensing and soil-sensing models, and incorporate this 
value in calculations for the estimated annual energy use and estimated 
annual energy cost. Add new instrumentation requirements and update 
existing requirements.
    5. Require that both current and future soil-sensing models be 
tested using the soil-based test procedure.

II. Discussion

A. General Discussion

    As appliance technology evolves, the Department must make sure that 
the applicable test procedures keep pace and provide reliable measures 
of energy consumption. In the case of dishwashers, the introduction of 
soil-sensing models, which adjust the duration and number of fills of a 
wash cycle according to the amount of soil in the dish load, challenged 
the structure of the existing test procedure. That test procedure, 
which uses only clean dishes, was developed at a time when the thermal 
mass of the dish load and the cycle type were the only factors that 
influenced the energy consumption results of the test. However, with 
the introduction of soil-sensing machines, the clean test load no 
longer served to test the machines accurately because soil-sensing 
machines used more energy if soiled dishes were used than if clean 
dishes were used. The questions arose: How could soil-sensing machines 
be accurately tested? How could a ``normal'' cycle be defined?
    DOE's first attempt at designing a more accurate test procedure 
focused on developing a formula to weight and average the highest and 
lowest levels of energy consumption that a soil-sensing dishwasher was 
capable of providing using the minimum and maximum sensor normal 
cycles, but without requiring that soiled dishes be used when testing 
the machines (presented in the September 28, 1999 NOPR). This possible 
test procedure, however, proved problematic in a number of ways, and 
discussion gradually moved toward the necessity of having a soil-based 
test, whereby the soil sensor would set the cycle based on a more 
realistic representation of consumer use. But a test procedure that 
actually used soiled dishes presented the difficult questions of how 
many soiled dishes should be used in the test and to what degree should 
the dishes be soiled? What kind of test load could represent the 
typical load of soiled dishes being placed into soil-sensing 
dishwashers by American consumers?
    To determine the nature of this soil load, the Department 
contracted with ADL to evaluate available survey and technical 
information. Much of that information is proprietary and confidential, 
and was reported by ADL to the Department only in summary or aggregated 
form.\1\ As a result, and while ADL's report to DOE will be fully 
disclosed and will be a part of the public administrative record for 
this NOPR, DOE neither has possession of nor has any ability to 
identify in this NOPR the particular proprietary and confidential 
information used by ADL to complete its report.
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    \1\ We recognize and support the goal of full disclosure of all 
information used in our rulemaking process. However, in order for 
DOE to effectively carry out its statutory and regulatory 
responsibilities, it sometimes is necessary or advisable for DOE to 
review and/or use information that is proprietary or otherwise 
confidential. In those cases, it is essential that DOE respect the 
proprietary needs of those who are willing to share their own data 
for limited use. Without such assurances of confidentiality, 
organizations often would not make their research or information 
available to us, ultimately adding to the expense and time needed 
for acquiring rulemaking data, as well as adversely impacting the 
quality of the rule eventually issued. In contracting with ADL, we 
asked ADL to use the best available expertise in appliance 
technology in order to evaluate, objectively and confidentially, all 
available data regarding the soil loads of dishwashers and their 
frequency of use.
---------------------------------------------------------------------------

    DOE tasked ADL to compile all available public and private studies 
of consumer dishwasher use and determine whether ADL believed that 
information was of sufficient quality and national significance to use 
in developing a new test procedure for soil-sensing dishwashers. ADL 
did find significant sources of data, and produced for DOE a report 
outlining a possible three-level test procedure based on three levels 
of soil. The energy consumption for each soil-sensing dishwasher at 
those three levels would be weighted according to the distribution of 
dishwasher soil levels obtained from consumer survey data. The 
resulting energy factors would reflect a weighted average of consumer 
use in the U.S. ADL also surveyed and evaluated available studies of 
frequency of use in order to produce information so that DOE can update 
the average number of use cycles per year and provide a more current 
representation of annual energy use and cost.
    This notice defines the two types of dishwashers now in the 
marketplace, non soil-sensing and soil-sensing. It retains the original 
test procedure using clean dishes for non soil-sensing models, and 
presents a new test procedure for soil-sensing models, using soiled 
dishes, based on the ADL report. It also adds a procedure for measuring 
standby power consumption for both non soil-sensing and soil-sensing 
models, and reduces the number of use cycles per year to 215. The 
Department is especially interested in receiving comments regarding 
whether the proposed soil levels provide a realistic representation of 
consumer use.

B. Changes in Consumer Practices--Representative Average Dishwasher Use

    On December 18, 2001, the Department issued a final rule for 
dishwashers that reduced the representative average number of use 
cycles per year to 264, down from 322. In that final rule, the 
Department stated

[[Page 56235]]

it would consider any new data on dishwasher use in the future.
    In its study, ADL evaluated six surveys that contained consumer 
usage information. ADL identified five as nationally representative of 
U.S. demographics (e.g., age, household size, income, location). 
Several surveys used bands to categorize dishwasher use per week (e.g., 
4-6 times per week), indicating a range in the cycle numbers and 
contributing some uncertainty in the results. In its assessment, ADL 
points out that one of the surveys, the Energy Information 
Administration's Residential Energy Consumption Survey entitled, ``A 
Look at Residential Energy Consumption in 1997,'' indicates that more 
than half of the U.S. households with a dishwasher use it less than 
four times per week (208 cycles per year). This extensive and 
nationally representative survey gives a good indication of the 
frequency of dishwasher use. Although the four remaining nationally 
representative surveys show a range of results for consumer use, they 
also support the overall trend that consumer dishwasher use is, on 
average, significantly lower than 264 cycles per year.
    The ADL report states that ``a revised number for the 
representative average-use cycles per year should be substantially less 
than the 264 in the interim rulemaking, but not less than 200 cycles 
per year.'' It goes on to recommend ``reducing the average-use cycles 
per year for dishwashers into the range of 200 to 233 cycles per 
year.'' In the addendum to its report, ADL provided clarification on 
its methodology as to how it determined this range. ADL's 
recommendation of 200 to 233 cycles per year combined three approaches 
to analyzing the available data from five nationally representative 
surveys. The details of this approach can be found on page 13 of the 
addendum which is posted on our website and is available in the docket 
for this rulemaking. The Department reviewed the analysis and believes 
that because of the type of data available, the way that the surveys 
were conducted and the data presented, and the inherent variability of 
the consumer conduct at issue (i.e., dishwasher use by individual 
consumers), the range ADL recommends is appropriate. Because this range 
is appropriate but no definitive number within that range appears to be 
better than any other, the Department proposes to set the average use 
cycles, (factor ``N'' in the test procedure formula set forth in this 
NOPR), at 215 cycles per year. This number represents roughly the 
midpoint between the estimated range of the average use cycle data 
presented in the ADL report. We believe it is appropriate to set the 
number of average use cycles at the midpoint in this range because 
there is no reason for DOE to believe, based on the data presented to 
it, that any one point in the range represents a more accurate estimate 
of average dishwasher use than any other.

C. New Definitions

    This NOPR introduces a new test procedure for soil-sensing 
dishwashers. As a result, we have developed new definitions to 
differentiate between two types of dishwashers (non soil-sensing and 
soil-sensing), the conditions of the standby operation, and the 
conditions for the light, medium, and heavy tests of a soil-sensing 
dishwasher. These definitions are as follows:
     ``Non soil-sensing dishwasher'' means a dishwasher that 
does not have the ability to adjust automatically any energy consuming 
aspect of a wash cycle based on the soil load of the dishes.
     ``Soil-sensing dishwasher'' means a dishwasher that has 
the ability to adjust automatically any energy consuming aspect of a 
wash cycle based on the soil load of the dishes.
     ``Standby mode'' means the power consumption condition 
when the dishwasher is connected to the main electricity supply and the 
door lock is unlatched.
     ``Sensor heavy cycle'' means, for standard dishwashers, 
the set of operations in a soil-sensing dishwasher that constitutes the 
response for completely washing a load of dishes, four place settings 
of which are soiled. For compact dishwashers, this definition is the 
same, except that two soiled place settings are used instead of four.
     ``Sensor light cycle'' means, for both standard and 
compact dishwashers, the set of operations in a soil-sensing dishwasher 
that constitutes the response for completely washing a load of dishes, 
one place setting of which is soiled with half of the gram weight of 
soils for each item specified in a single place setting according to 
AHAM DW-1.
     ``Sensor medium cycle'' means, for standard dishwashers, 
the set of operations in a soil-sensing dishwasher that constitutes the 
response for completely washing a load of dishes, two place settings of 
which are soiled. For compact dishwashers, this definition is the same, 
except that one soiled place setting is used instead of two.
     ``Truncated sensor heavy cycle'' means the sensor heavy 
cycle interrupted to eliminate the power-dry feature after the 
termination of the last rinse operation.
     ``Truncated sensor light cycle'' means the sensor light 
cycle interrupted to eliminate the power-dry feature after the 
termination of the last rinse operation.
     ``Truncated sensor medium cycle'' means the sensor medium 
cycle interrupted to eliminate the power-dry feature after the 
termination of the last rinse operation.

D. New Test Procedure for Soil-Sensing Dishwashers

    The introduction of dishwashers using soil-sensing technology 
prompted the need to revise the current test procedure which does not 
accurately measure the energy consumption of models with variable 
cycles. Currently, there are several approaches to soil-sensing which 
include optical turbidity sensors, pressure-based sensors, and a new 
generation of laser-based sensors that is in development. The responses 
of these technologies vary, but in all cases, the soil-sensing 
dishwashers adjust the length and/or the severity of the washing cycle 
according to the amount of soil detected in the water. For example, if 
little or no soil is detected, a less severe wash cycle will be 
triggered; if a heavier soil load is detected, a more severe wash cycle 
will be triggered. The intent of the design is to use information to 
improve wash performance and reduce energy consumption when 
appropriate.
    However, when soil-sensing dishwashers are tested with the current 
test procedure, which uses only clean dishes, the absence of soil 
invariably triggers a less severe cycle. Thus, the energy factors 
obtained are very high and do not reflect a dishwasher's performance 
(and thus its energy usage) when a soiled load of dishes is present. 
This leads to confusion for consumers seeking accurate measures of 
energy efficiency under normal use patterns; in fact, it leads to 
consumer decisions that are made based on demonstrably inaccurate 
information.
    The test procedure for soil-sensing machines must provide reliable 
data which reflect performance with a typical load of dishes, while at 
the same time not unduly increasing the test burden for manufacturers. 
Establishing parameters for a typical load of dishes and for normal use 
is difficult because of the complex algorithms designed by 
manufacturers to respond to different soil levels. These algorithms for 
wash sequences are based on sensor data. The test procedure which we 
proposed in the September 1999 NOPR, based on a concept developed by 
AHAM,

[[Page 56236]]

attempted to average the energy consumed during both minimum and 
maximum wash cycles. However, manufacturers have since claimed that 
because of the different ways that varying sensor technologies perform, 
their machines cannot be adequately tested and compared using that 
procedure. As a result, DOE, NIST, and numerous stakeholders turned 
their attention to obtaining soiling and loading information useful for 
revising the dishwasher test procedure. Because of the flexibility of 
wash patterns from model to model, soil-based tests presented the most 
viable solution for representative energy testing.
    AHAM DW-1 seemed a logical starting point for soil-based testing 
because these soil-based procedures were already used by industry. 
These procedures were originally developed as dishwasher performance 
evaluating tools to provide a repeatable test that could be reproduced 
in different laboratories. The procedures use a challenging soil load 
of specified foods to assess the washing and drying ability of 
dishwashers.
    The AHAM performance testing procedures require the use of a 
standard test load of dishes, detergent, and rinse agent. Standard 
conditions for ambient temperature, water temperature, water pressure, 
and water hardness are all specified. The performance evaluation is 
based on a minimum of three runs on a dishwasher with a soiled load, 
set on the normal cycle. The quantity, brand, instruction for 
preparation, and order and location for the application of each soil 
used in the procedures are specified to maintain repeatability. A total 
of 13 different soils are applied within a one-hour period, followed by 
a two-hour drying period.
    Because the AHAM performance test was developed to be a heavy soil 
test that challenged dishwasher cleaning performance, it is not 
representative of soil loads introduced under typical household use. 
Therefore, while the AHAM performance test was a logical starting point 
for developing a test procedure for soil-sensing dishwashers, the AHAM 
performance test was not itself suitable for a final test procedure. 
Instead, and recognizing the difficulty in developing a test procedure 
that is repeatable and realistic, DOE sought to extract elements from 
this AHAM performance test.
    Before a test procedure could be drafted, it was necessary to gain 
an understanding of the different system responses of various soil-
sensor models under soiled conditions, as well as research what amount 
of soil represents a ``normal'' soil level on dishes placed in a 
dishwasher. DOE directed ADL to study consumer soiling and loading 
practices to determine what portion of the AHAM DW-1 soil load could be 
used to represent light, medium, and heavy soil levels. ADL analyzed 
the results of three available surveys, one of which, survey C, 
provided significantly more comprehensive data than the other two. The 
initial result of this analysis was based on weighted averages of the 
results of the three surveys. That approach led ADL to recommend that a 
greater mass of soil on dishes be selected to represent the light, 
medium, and heavy soil levels than if survey C were used alone. This 
recommendation was published in ADL's December 18, 2001 report and was 
posted on our website.
    Following industry review and commentary on the method of the 
analysis, ADL produced for DOE an addendum to its earlier report on 
March 5, 2002. The addendum provides more detail on the initial 
analysis, demonstrates the comprehensiveness of survey C, analyzes 
additional data from survey C, and focuses on survey C as the primary 
basis for determining the portions of the AHAM DW-1 soil load that 
could be used to represent light, medium, and heavy soil levels.
    The addendum provides additional data and methodology from survey 
C. It states that survey C collected and analyzed an extensive set of 
photographs of actual soiled dish loads from participating households. 
The photographs of each soiled dish load were compared against a Likert 
scale \2\ and received Likert scale ratings that ranged from 2 to 10. 
The range of Likert scale ratings was divided into three soil levels--
light, medium, and heavy. Likert scale ratings of 3, 6, and 10 were 
selected as representative of the light, medium, and heavy soil levels, 
respectively. The distribution of the Likert scale ratings showed that 
each of the selections--3, 6, and 10--represented more than half of the 
data within each of the three soil levels. The selection of 10 as 
representative of the heavy soil level was shown to be particularly 
conservative given that for the heavy soil level, the Likert scale 
rating of 8 represented over 75 percent of the data.
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    \2\ Likert scale: a response scale developed by Rensis Likert 
for assessing opinions and usually consisting of five of more 
categories; used here as an analysis tool to assess the following 
issue: ``How soiled are the dishes in the consumers' dishwasher 
loads?'' From the large set of photographic data, the bottom of the 
scale was defined by assigning one of the photos showing the lowest 
level of soil as the comparison point for a score of 1. Conversely, 
the top of the scale was defined by assigning one of the photos 
showing the highest level of soil as the comparison point for a 
score of 5. The scores in between--2, 3, and 4--were defined 
similarly and represent increasing levels of soil.
---------------------------------------------------------------------------

    In the next step of the methodology from survey C, a minimum of 10 
sets of photographs from each of the Likert scale ratings of 3, 6, and 
10 were analyzed by a professional home economist. The professional 
home economist recreated the dish loads in the photographs using AHAM 
DW-1 soils and then weighed the amount of AHAM DW-1 soils on the 
recreated dish loads.
    Using this information, the mass of food soils was translated into 
the corresponding number of soiled place settings for each level, 
according to AHAM DW-1. This translation was based on the fact that the 
AHAM DW-1 soiling procedure specifies approximately 31.3 grams of food 
soils per place setting. The result of this analysis, as listed in the 
ADL addendum, showed that a light soil level for standard dishwashers 
could be approximated by one-half of a single soiled AHAM DW-1 place 
setting; a medium soil level could be approximated by two soiled AHAM 
DW-1 place settings; and a heavy soil level could be approximated by 
four soiled AHAM DW-1 place settings.
    DOE believes that this analysis of soil levels is based on the best 
available information and therefore proposes that the energy test 
procedure load of dishes for standard soil-sensing dishwashers be 
defined according to AHAM DW-1 with eight place settings of dishes, 
serving pieces, and flatware, soiled per the light, medium, and heavy 
cycle definitions proposed in this notice. It is noted that the 
reference to the AHAM DW-1 place settings refers to the ANSI/AHAM DW-1-
1992 standard as well as the August 20, 1999 ``Addendum to Appendix A 
of AHAM DW-1-1992'' which provides more details regarding a source of 
acceptable dishware for testing. Both the standard and the addendum 
will be incorporated by reference in this proposed new test procedure 
rule.
    For compact dishwashers, the typical loading capacity is half of 
the loading capacity of standard dishwashers. Therefore, the Department 
proposes to base the test load for compact soil-sensing dishwashers on 
a total of four AHAM DW-1 place settings. In addition, the soil load 
for the medium and heavy soil levels are reduced to half that of the 
soil load for standard dishwashers, proportional to its smaller 
capacity. However, the Department proposes to maintain the one-half 
place setting soil load to represent the light soil level because of 
the small amount of soil involved. Therefore, the soil load

[[Page 56237]]

for the light soil level for compact dishwashers is approximated by 
one-half of a single soiled AHAM DW-1 place setting, achieved by 
applying half of the gram weight of soils to each dishware item; a 
medium soil level is approximated by one soiled AHAM DW-1 place 
setting; and a heavy soil level is approximated by two soiled AHAM DW-1 
place settings. Thus, the energy test load is defined according to AHAM 
DW-1 with four place settings of dishes, serving pieces, and flatware, 
soiled per the light, medium, and heavy definitions.
    The new test procedure requires that the machine wash cycle 
responses under each of these soil levels are then multiplied by 
weighting factors representing the frequency of use for each soil level 
to calculate an energy factor for the dishwasher model that would 
represent its normal energy efficiency. The energy consumption for each 
of the three tests (i.e., sensor heavy, sensor light, and sensor medium 
for soil-sensing dishwashers) would be measured and calculated in the 
same way as the existing test procedure. However, the machine energy 
and water energy components for a soil-sensing dishwasher would be 
based on a weighted average of the three energy consumption tests, 
according to the frequency with which light, medium, and heavy loads 
are washed.
    From available survey data, ADL determined the following weighting 
factors, drawn from the distribution of U.S. households in the three 
soil level categories--62% light level of soil, 33% medium, and 5% 
heavy. The resulting equation for the machine energy, M, for soil-
sensing dishwashers is:

M= (Mhc x Fhc) + (Mmc x 
Fmc) + (Mlc x Flc)

    The resulting equation for the amount of water used, V, for soil-
sensing dishwashers is:

V= (Vhc x Fhc) + (Vmc x 
Fmc) + (Vlc x Flc)

    Based on the ADL report and addendum, and the available relevant 
and reliable data, DOE believes that the percentages used in the 
proposed rule represent the best possible estimate of how consumers 
currently use dishwashers, weighting the equation toward light loads 
that are significantly pre-rinsed. However, because all dishwashers are 
designed to wash heavy loads successfully without pre-rinsing, it is 
possible that in coming years, as consumers learn that pre-rinsing 
generally is unnecessary, dishwashers will encounter a higher 
percentage of heavy loads. Consumers Union stressed this point in a 
comment which emphasized the water and energy lost to pre-rinsing, and 
the need for public information to reduce this wasteful practice. If 
educational campaigns successfully decrease the preponderance of pre-
rinsing, and the Department becomes aware of reliable data documenting 
that change in behavior, the Department will consider reevaluating 
consumer usage patterns and making appropriate adjustments to the 
weighting factors or any other elements of the proposed test procedure. 
But for now, our test procedure must be based on the best approximation 
of how dishwashers are currently used.
    The proposed test procedure requires the use of both the type and 
quantity of detergent and rinse agent specified in AHAM DW-1. This 
requirement can be found in section 2.7 of the test procedure. The test 
procedure also specifies the order of the tests, requiring the test of 
the heavy cycle to be conducted first, followed by the test of the 
medium cycle, and finally the test of the light cycle. This order was 
chosen because the Department is aware that for some models, the cycle 
response may be influenced by the previous wash cycle used. For those 
machines, this order selection would capture any additional energy use.

E. New Test Procedure for Standby Power

    The existing test procedure for dishwashers was designed to measure 
energy consumption only during the normal wash cycle. However, many 
dishwasher manufacturers have shifted from electro-mechanical controls 
to controls using transformers and microprocessors to provide more 
advanced features in their high end dishwasher models (e.g., innovative 
soil-sensing control schemes and displays). Thus, the market is seeing 
an increased percentage of models which consume standby power.
    The energy consumption of standby power has gained additional 
attention through Executive Order 13221, ``Energy Efficient Standby 
Power Devices,'' issued July 31, 2001 (66 FR 40571), which added 
standby power usage to Federal purchasing criteria for commercially 
available products. Since EPCA defines the estimated annual operating 
cost (EAOC) of a covered product as ``the aggregate retail cost of the 
energy which is likely to be consumed annually * * * in representative 
use of a consumer product,'' EPCA section 321(7), 42 U.S.C. 6291(7), 
the Department proposes to require that the measurement of standby 
power consumption for dishwashers be included in the EAOC. 
Additionally, standby power would be included in the estimated annual 
energy use (EAEU) calculations, a reporting value used in calculating 
the EAOC. It would not at this time, however, be included in the energy 
factor, since the energy factor has traditionally measured only the 
amount of energy consumed during the running of the test wash cycle(s). 
From the data that we have initially seen, we believe the amount of 
standby power use to be a small percentage of overall dishwasher energy 
use (probably between one and five percent). However, we will collect 
data on dishwasher standby power consumption in order to evaluate it 
further, for possible incorporation into the energy factor in the 
future.
    The standby energy measurement procedure requires that the 
dishwasher be connected to a high resolution watt meter and the 
dishwasher set to the standby mode. The standby energy consumption must 
be measured over an interval of at least five minutes. The resulting 
value for average power in watts in the standby mode, Sm, is 
then multiplied by the nominal number of standby hours and divided by 
1000 to obtain the units of kilowatt-hours. The nominal value for the 
number of standby hours was obtained as follows:
    First calculate the total number of hours per year, H, taking into 
account leap years.

H = (365.25 days/year x 24 hours/day) = 8766 hours/year

    Then calculate the number of standby hours per year, based on the 
normal/sensor medium cycle duration where L is defined as the duration 
of the normal cycle in hours or fractions of an hour for tests of non 
soil-sensing dishwashers or the duration of the sensor medium cycle for 
tests of soil-sensing dishwashers.

Hs = H - (215 cycles/year x L)

    With these inputs, the calculation for annual standby power use, S, 
is completed using

S = Sm x ((Hs)/1000).
    Once the value, S, is known, the calculation for the estimated 
annual operating cost (EAOC) can be completed as follows:

EAOC + (De x S) + (De x N x M)

where,

N is the annual dishwasher use = 215 cycles per year as discussed in 
section B of this notice, and
De is the price of electricity in dollars per kWh.

    This modification will give consumers a more complete estimate of 
their annual energy costs.

F. Instrumentation Requirements

    As a result of the proposed changes set forth in this NOPR, there 
would be

[[Page 56238]]

requirements for additional instrumentation used in the test procedure. 
These new requirements would include an additional watt or watt-hour 
meter for measuring standby power and a timer for measuring the 
duration of the cycle. The specifications for each of these instruments 
are listed below.

    3.2  Timer. Time measurements for each monitoring period shall 
be accurate to within 2 seconds.
    3.5  Standby power meter. The watt/watt-hour meter must have a 
resolution of 0.1 watt or less at 1.0 watt actual power consumption 
and accumulate into watt-hours at a minimum power level of 20 
milliwatts. The watt/watt-hour meter must be capable of operating 
within the stated tolerances for input voltages at up to five 
percent total harmonic distortion and shall be capable of operating 
at frequencies from 47 hertz through 63 hertz. Power measurement 
instruments shall have a crest factor of not less than five at RMS 
currents of two amps or less.

    In addition, we propose modifying the wording of the electrical 
energy supply requirements. We propose changing the supply requirement 
from ``115 volts'' to ``120 volts  2%'' and from ``240 
volts'' to ``240 volts  2%.'' This change to 120 volts will 
better approximate most manufacturers' installation instructions and 
also adds a range to the voltage specification. DOE requests comment on 
whether these ranges are appropriate as testing requirements. The 
proposed new test is as follows:

    2.2.1  Dishwashers that operate with an electrical supply of 120 
volts. Maintain the electrical supply to the dishwasher at no less 
than 120 volts  2% 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 at 240 volts 
 2% and within one percent of its nameplate frequency as 
specified by the manufacturer.

G. Impact of Test Procedure Revisions

    Section 323(e) of EPCA requires that the Department, in a 
rulemaking, determine to what extent, if any, a proposed test procedure 
will alter the energy efficiency or energy use of any covered product 
as measured under the existing test procedure. If DOE determines that 
an amended test procedure would alter the energy efficiency or energy 
use of a covered product as measured, DOE is required to measure the 
energy efficiency or energy use of representative samples of covered 
products which minimally comply with the existing standard. The average 
efficiency of these representative samples, tested using the amended 
test procedure, will constitute the amended standard (42 U.S.C. 
6293(e)(2)). This statutory provision is designed to prevent alteration 
of an existing Federal energy conservation standard through a change in 
a test procedure. It seeks to ensure that products in compliance with 
the applicable energy conservation standard under the existing test 
procedure will not be out of compliance because the test procedure has 
been amended.
    In this NOPR, the primary revisions to the dishwasher test 
procedure are the inclusion of new measurements of standby power, the 
reduction in annual cycles of use, and the addition of a new soil-based 
test method for soil-sensing dishwashers. The addition of standby power 
measurements will not affect the compliance of any dishwashers with 
existing energy conservation standards because the Department does not 
propose requiring that standby power consumption be added into the 
calculation for a dishwasher's energy factor. The energy factor is the 
energy descriptor that measures the energy efficiency for dishwashers 
in tests of the normal cycle. Instead, standby power consumption is 
only included in the EAOC and in the EAEU. These two values do not have 
an impact on model compliance with the currently-effective minimum 
energy standard for either non soil-sensing or soil-sensing models. 
Similarly, annual cycles of use are used to calculate EAOC and EAEU and 
are not included in energy factor. Accordingly, these two changes in 
the proposed test procedure do not alter either the energy efficiency 
or energy use as measured for all dishwashers and therefore no 
amendment to the energy conservation standard is required under section 
323(e) based on these proposed changes.
    The third change, the new soil-based test method, will only be used 
for testing soil-sensing machines. Because non soil-sensing machines 
will still be tested using clean dishes, their energy factors will not 
change, and their compliance with the standard will not be affected. 
Soil testing, however, is expected to alter the energy factors of soil-
sensing models. We understand that models using soil-sensing technology 
are generally more efficient than non soil-sensing models. Hence, at 
this time, under the existing test procedure, many soil-sensing 
dishwashers have been labeled Energy Star products and we expect that 
they will continue to be in compliance with the current standard when 
tested under the proposed test procedure.
    However, stakeholders have agreed that the existing test procedure 
cannot accurately test dishwasher models with the soil-sensing 
technology. In fact, under the existing test procedure, soil-sensing 
models show results that are overrated, that is, they inaccurately show 
higher energy factors than they would if tested with a soil load. For 
this reason, the parties have diligently worked together to design a 
new test procedure that can specifically measure the results of 
dishwashers with this particular technology.
    Under section 323(e) of EPCA, the Department is required to amend 
the applicable energy conservation standard in certain circumstances. 
As set forth in section 323(e) of EPCA, DOE will use the amended test 
procedure set forth in this NOPR to test a representative sample of 
soil-sensing models that are identified as minimally compliant with the 
existing energy conservation standard. Subsequent to the testing, the 
Department will make such test results available for comment. If the 
results of such testing demonstrate that certain models will become 
noncompliant due to the amended test procedure, the average efficiency 
of the representative sample tested using the amended test procedure 
will constitute the amended standard for those models. In order to 
perform this analysis, the Department requests that manufacturers 
provide the Department with information properly identifying soil-
sensing dishwasher models that minimally comply with energy 
conservation standards when tested with the currently-effective test 
procedure.

H. Representation Requirements

    Consistent with Section 323(c)(2) of EPCA (42 U.S.C. 6293(c)(2)), 
all manufacturers, distributors, retailers, or private labelers have 
180 days from the date a new or amended test procedure is prescribed or 
established to ensure that any representation with respect to energy 
use or efficiency or cost of energy consumed by a covered product 
fairly discloses the results from testing under the new or amended test 
procedure. This 180-day period may be extended for up to an additional 
180 days if the Secretary determines that the requirements of section 
323(c)(2) of EPCA would impose undue hardship.
    The Department has the responsibility to ensure that these covered 
products are accurately rated and that manufacturers are in compliance 
with the energy conservation standard. Due to the unusual circumstances 
concerning the testing of dishwashers, DOE plans at some future time to 
require manufacturers to produce reports concerning the testing of 
soil-sensing models pursuant to the

[[Page 56239]]

amended test procedure. The Department has the authority to request 
such reports pursuant to EPCA section 326(d)(1). We will request such 
reports in a manner designed to minimize unnecessary burdens on 
manufacturers (42 U.S.C. 6296(d)(2)). We request comment from 
stakeholders concerning the appropriate timing of DOE's future request 
and how DOE can minimize the burden on manufacturers.
    The Secretary of Energy has approved issuance of this NOPR.

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 reviewed the proposed 
rule under the National Environmental Policy Act of 1969 (NEPA), 42 
U.S.C. 4321 et seq., the regulations of the Council on Environmental 
Quality, 40 CFR parts 1500-1508, the Department's regulations for 
compliance with NEPA, 10 CFR part 1021, and the Secretarial Policy on 
the National Environmental Policy Act (June 1994). The Department has 
determined that this rule falls into a class of actions that are 
categorically excluded from review under NEPA. This rule will not 
affect the quality or distribution of energy usage and, therefore, will 
not result in any environmental impacts. The Department has therefore 
determined that 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. 
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'' 
as defined in section 3(f) of 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 (OIRA), Office of 
Management and Budget.

C. Review Under Executive Order 13211, ``Action Concerning Regulations 
That Significantly Affect Energy Supply, Distribution or Use''

    Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 
(May 22, 2001), requires Federal agencies to prepare and submit to OIRA 
a Statement of Energy Effects for any proposed significant energy 
action. A ``significant energy action'' is defined as any action by an 
agency that promulgates or is expected to lead to the promulgation of a 
final rule, and that: (1) Is a significant regulatory action under 
Executive Order 12866, or any successor order; and (2) is likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy; or (3) is designated by the Administrator of OIRA as a 
significant energy action. For any proposed significant energy action, 
the agency must give a detailed statement of any adverse effects on 
energy supply, distribution, or use should the proposal be implemented, 
and of reasonable alternatives to the action and their expected 
benefits on energy supply, distribution, and use.
    Today's proposed rule will not have a significant adverse effect on 
the supply, distribution, or use of energy, and, therefore, is not a 
significant energy action. Accordingly, DOE has not prepared a 
Statement of Energy Effects.

D. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act, 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 and labeling. The 
proposed rule affects dishwasher test procedures and would not have a 
significant economic impact, but rather would provide common testing 
methods. Therefore DOE certifies 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.

E. Review Under Executive Order 13132, ``Federalism''

    Executive Order 13132, ``Federalism,'' (64 FR 43255, August 4, 
1999), 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 in 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 or otherwise 
affect the States. Accordingly, DOE has determined that preparation of 
a Federalism assessment is unnecessary.

F. Review Under Executive Order 12630, ``Governmental Actions and 
Interference With Constitutionally Protected Property Rights''

    DOE has determined pursuant to Executive Order 12630, 
``Governmental Actions and Interference with Constitutionally Protected 
Property Rights,'' (52 FR 8859, March 18, 1988), that this regulatory 
proposal would not result in any takings which might require 
compensation under the Fifth Amendment to the United States 
Constitution.

G. Review Under the Paperwork Reduction Act

    No new information or record keeping requirements are imposed by 
this rulemaking. Accordingly, no OMB clearance is required under the 
Paperwork Reduction Act, 44 U.S.C. 3501 et seq.

H. 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 general duty to adhere to 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 sections 3(a) and 3(b) of the Executive Order, Executive 
agencies must make every reasonable effort to ensure that the 
regulation: (1) Clearly specifies the preemptive effect, if any; (2) 
clearly specifies any effect on

[[Page 56240]]

existing Federal law or regulation; (3) provides a clear legal standard 
for affected conduct while promoting simplification and burden 
reduction; (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(c) of the Executive Order requires 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.
    DOE reviewed today's proposed rule under the standards of section 3 
of the Executive Order and determined that, to the extent permitted by 
law, the proposed regulations meet the requirements of those standards.

I. Review Under Section 32 of the Federal Energy Administration Act of 
1974

    Under section 301 of the Department of Energy Organization Act 
(Pub. L. 95-91), the Department of Energy must comply with section 32 
of the Federal Energy Administration Act of 1974, as amended by the 
Federal Energy Administration Authorization Act of 1977. 15 U.S.C. 788. 
Section 32 provides in essence that, where a proposed rule contains or 
involves use of commercial standards, the notice of proposed rulemaking 
must inform the public of the use and background of such standards.
    The rule proposed in this notice incorporates one commercial 
standard, ``ANSI/AHAM DW-1-1992, and the August 20, 1999 ``Addendum to 
Appendix A of AHAM DW-1-1992.'' The standard specifies the type and 
quantity of foods that will be used to soil place settings of dishes in 
this test procedure. The addendum provides more details regarding a 
source of acceptable dishware for testing. The Department has evaluated 
this standard and is unable to conclude whether it fully complies with 
the requirements of section 32(b) of the Federal Energy Administration 
Act, i.e., that the standard was developed in a manner that fully 
provides for public participation, comment and review.
    As required by section 32(c) of the Federal Energy Administration 
Act, the Department will consult with the Attorney General and the 
Chairman of the Federal Trade Commission concerning the impact of this 
standard on competition, prior to prescribing a final rule.

J. 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 to 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.

K. 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 proposed rule 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. Attendance at Public Hearing

    You will find the time and place of a public hearing listed at the 
beginning of this notice of proposed rulemaking. If you would like to 
attend the public hearing, please notify Ms. Brenda Edwards-Jones at 
(202) 586-2945. Foreign nationals visiting DOE Headquarters are subject 
to advance security screening procedures. If you are a foreign national 
and wish to participate in the meeting, please inform DOE of this fact 
as soon as possible by contacting Ms. Brenda Edwards-Jones so that the 
necessary procedures can be completed.

B. Procedure for Submitting Requests to Speak

    We invite any person who has an interest in today's notice, or who 
is a representative of a group or class of persons that has an interest 
in these issues, to request an opportunity to make an oral 
presentation. You may hand deliver requests to speak, along with a 
computer diskette or CD (WordPerfectTM 8), to the address 
indicated at the beginning of this notice of proposed rulemaking 
between the hours of 8 a.m. and 4 p.m., Monday through Friday, except 
Federal holidays. You may also send them by mail or e-mail to 
[email protected].
    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 this rulemaking, and provide a telephone number for 
contact. We request each person selected to be heard to submit an 
advance copy of his or her statement no later than Tuesday, October 8, 
2002. At our discretion, we may permit any person who cannot do this to 
participate if that person has made alternative arrangements with the 
Office of Building Research and Standards in advance. The request to 
give an oral presentation should ask for such alternative arrangements.

C. Conduct of Hearing

    DOE will designate a DOE official to preside at the hearing and we 
may also use a professional facilitator to facilitate discussion. The 
meeting will not be a judicial or evidentiary-type hearing, but DOE 
will conduct it in accordance with 5 U.S.C. 553 and Section 336 of EPCA 
and a court reporter will be present to record the transcript of the 
proceedings. We reserve the right to schedule the presentations by 
hearing participants, and to establish the procedures governing the 
conduct of the hearing. Following the hearing, we will provide an 
additional comment period, during which interested parties will have an

[[Page 56241]]

opportunity to comment on the proceedings at the hearing, as well as on 
any aspect of the rulemaking.
    The hearing will be conducted in an informal, conference style. We 
will present summaries of comments received before the hearing, allow 
time for presentations by participants, and encourage all interested 
parties to share their views on issues affecting this rulemaking. DOE 
will permit each participant to make a prepared general statement, 
(with time limit as determined by DOE), prior to the discussion of 
specific topics. DOE will permit other participants to comment briefly 
on any general statements.
    At the end of all prepared statements on a topic, DOE will permit 
each participant to clarify his or her statement briefly and comment on 
statements made by others. Participants should be prepared to answer 
questions by DOE and by other participants concerning these issues. DOE 
representatives may also ask questions of participants concerning other 
matters relevant to the hearing. The official conducting the hearing 
will accept additional comments or questions from those attending, as 
time permits. The presiding official will announce any further 
procedural rules, or modification of the above procedures, needed for 
the proper conduct of the hearing.
    We will make the entire record of this proposed rulemaking, 
including the transcript from the hearing, available for inspection in 
DOE's Freedom of Information Reading Room. Any person may purchase a 
copy of the transcript from the transcribing reporter.

D. Issues on Which Comments Are Requested

    The Department of Energy is interested in receiving comments and/or 
data concerning the feasibility, workability, and appropriateness of 
the test procedure proposed in this notice. We also welcome discussion 
on improvements or alternatives to this approach. We are especially 
interested in any data and comment regarding:
    (1) The frequency with which dishwasher loads are pre-rinsed;
    (2) The amount and type of soil representing typical dish loads;
    (3) Improving the repeatability of soil tests and minimizing test 
burden;
    (4) The average number of dishwasher cycles consumers run each 
year;
    (5) Any soil-sensing dishwashers adversely affected by the new test 
procedure and information identifying minimally compliant soil-sensing 
models;
    (6) The method used to include standby power in the annual energy 
use calculations;
    (7) Suggestions concerning the appropriate time frame and ways the 
Department can minimize the burden on manufacturers when it requests 
reports pursuant to EPCA section 326 (d)(1) relating to the testing of 
soil-sensing models under the new test procedure;
    (8) Comments on whether the tolerance for the voltage 
specifications are attainable without undue burden, or whether they 
should be modified; and
    (9) Possible alternatives to the definition of standby mode.
    In addition to these test procedure issues, we are interested in 
hearing comment on possible future strategies to capture greater 
efficiency benefits with dishwashers and to maintain and update this 
test procedure, as dishwasher technology and consumer dishwasher use 
evolve. We are especially interested in comment on the following:
    (1) Assessing the energy impact of pre-rinsing dishes and the 
energy saving opportunities of greater utilization of dishwashers, 
without pre-rinsing dishes.
    (2) Supporting industry efforts to update and maintain the AHAM DW-
1.
    (3) Maintaining the correct percentages for the weighting factors 
in the energy consumption formulas through follow-up assessments of 
households' dishwasher usage habits regarding soil loads.

List of Subjects in 10 CFR Part 430

    Administrative practice and procedure, Energy conservation, 
Household appliances, Incorporation by reference.

    Issued in Washington, DC, on August 27, 2002.
David K. Garman,
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, 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 430.22 is amended in subpart B by revising paragraph 
(b)(7) to read as follows:


Sec. 430.22  Reference Sources.

* * * * *
    (b) * * *
    (7) Association of Home Appliance Manufacturers, 1111 19th Street, 
NW, Suite 402, Washington, DC 20036, (202) 872-5955, ``American 
National Standard, Household Electric Dishwashers, ANSI/AHAM DW-1-
1992'' and the August 20, 1999 ``Addendum to Appendix A of AHAM DW-1-
1992,'' hereinafter collectively referred to as AHAM DW-1.
* * * * *
    3. Section 430.23 of subpart B is amended by revising paragraph (c) 
to read as follows:
    Sec. 430.23 Test procedures for the measurement of energy and water 
consumption.
* * * * *
    (c) Dishwashers. (1) The estimated annual operating cost (EAOC) for 
dishwashers must be rounded to the nearest dollar per year and is 
defined as follows:
    (i) When cold water (50  deg.F) is used,
    (A) For dishwashers having a truncated normal cycle as defined in 
section 1.15 of Appendix C to this subpart,


EAOC = (De x S) + ( De x N x (M - (ED/
2))

    (B) For dishwashers not having a truncated normal cycle,


EAOC = (De x S) + ( De x N x M)

where,

De = the representative average unit cost of electrical 
energy in dollars per kilowatt-hour as provided by the Secretary,
S = the annual standby electrical energy in kilowatt-hours per year and 
determined according to section 5.5 of Appendix C to this subpart,
N = the representative average dishwasher use of 215 cycles per year,
M = the machine electrical energy consumption per-cycle for the normal 
cycle as defined in section 1.6 of Appendix C to this subpart, in 
kilowatt-hours and determined according to section 5.1 of Appendix C to 
this subpart,
ED = the energy consumed after the normal cycle is 
interrupted to eliminate the power dry feature after the termination of 
the last rinse option.

    (ii) When electrically-heated water (120  deg.F or 140  deg.F) is 
used,
    (A) For dishwashers having a truncated normal cycle as defined in 
section 1.15 of Appendix C to this subpart,


EAOC = (De x S) + (De x N x (M - (ED/
2)) + (De x N x W)

    (B) For dishwashers not having a truncated normal cycle,


[[Page 56242]]



EAOC = (De x S) + (De x N x M) + (De x 
N x W)

where,

De, S, N, M, and ED are defined in paragraph 
(c)(1)(i) of this section, and
W = the total water energy consumption per cycle for the normal cycle 
as defined in section 1.6 of Appendix C to this subpart, in kilowatt-
hours per cycle and determined according to section 5.3 of Appendix C 
to this subpart.

    (iii) When gas-heated or oil-heated water is used,
    (A) For dishwashers having a truncated normal cycle as defined in 
section 1.15 of Appendix C to this subpart,


EAOCg = (De x S) + (De x N x (M - 
(ED/2)) + (Dg x N x Wg)

    (B) For dishwashers not having a truncated normal cycle,


EAOCg = (De x S) + (De x N x M) + 
(Dg x N x Wg)

where,

De, S, N, M, and ED are defined in paragraph 
(c)(1)(i) of this section,
Dg = the representative average unit cost in dollars per Btu 
for gas or oil, as appropriate, as provided by the Secretary, and
Wg = the total water energy consumption per cycle for the 
normal cycle as defined in section 1.6 of Appendix C to this subpart, 
in Btu's per cycle and determined according to section 5.4 of Appendix 
C to this subpart.

    (2) The energy factor for dishwashers, EF, expressed in kilowatt-
hours per cycle is defined as follows:
    (i) When cold water (50  deg.F) is used,
    (A) For dishwashers having a truncated normal cycle as defined in 
section 1.15 of Appendix C to this subpart,


EF = 1/(M - (ED/2))

    (B) For dishwashers not having a truncated normal cycle,


EF = 1/M

where,

M, and ED are defined in paragraph (c)(1)(i) of this 
section.

    (ii) When electrically-heated water (120  deg.F or 140  deg.F) is 
used,
    (A) For dishwashers having a truncated normal cycle as defined in 
section 1.15 of Appendix C to this subpart,


EF = 1/(M - (ED/2) + W)

    (B) For dishwashers not having a truncated normal cycle,


EF 1/(M + W)

where,

M, and ED are defined in paragraph (c)(1)(i) of this 
section, and W is defined in paragraph (c)(1)(ii)of this section.

    (3) The estimated annual energy use, EAEU, expressed in kilowatt-
hours per year is defined as follows:
    (i) For dishwashers having a truncated normal cycle as defined in 
section 1.15 of Appendix C to this subpart,


EAEU = (M - (ED/2) + W + S)


where,

M, ED and S are defined in paragraph (c)(1)(i) of this 
section, and W is defined in paragraph (c)(1)(ii) of this section.

    (ii) For dishwashers not having a truncated normal cycle,


EAEU = (M + W + S)


where
M and S are defined in paragraph (c)(1)(i) of this section, and W is 
defined in paragraph (c)(1)(ii) of this section.

    (4) 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 derived from the application 
of Appendix C to this subpart.
* * * * *
    4. 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  ``Compact dishwasher'' means a dishwasher that has a 
capacity less than eight place settings plus six serving pieces as 
specified in AHAM DW-1 (see Sec. 430.22).
    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  ``Non soil-sensing dishwasher'' means a dishwasher that 
does not have the ability to adjust automatically any energy 
consuming aspect of a wash cycle based on the soil load of the 
dishes.
    1.6  ``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.
    1.7  ``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.
    1.8  ``Preconditioning cycle'' means any cycle that includes a 
fill, circulation, and drain to ensure that the water lines and sump 
area of the pump are primed.
    1.9  ``Sensor heavy cycle'' means, for standard dishwashers, the 
set of operations in a soil-sensing dishwasher that constitutes the 
response for completely washing a load of dishes, four place 
settings of which are soiled. For compact dishwashers, this 
definition is the same, except that two soiled place settings are 
used instead of four.
    1.10  ``Sensor light cycle'' means, for both standard and 
compact dishwashers, the set of operations in a soil-sensing 
dishwasher that constitutes the response for completely washing a 
load of dishes, one place setting of which is soiled with half of 
the gram weight of soils for each item specified in a single place 
setting according to AHAM DW-1.
    1.11  ``Sensor medium cycle'' means, for standard dishwashers, 
the set of operations in a soil-sensing dishwasher that constitutes 
the response for completely washing a load of dishes, two place 
settings of which are soiled. For compact dishwashers, this 
definition is the same, except that one soiled place setting is used 
instead of two.
    1.12  ``Soil-sensing dishwasher'' means a dishwasher that has 
the ability to adjust automatically any energy consuming aspect of a 
wash cycle based on the soil load of the dishes.
    1.13  ``Standard dishwasher'' means a dishwasher that has a 
capacity equal to or greater than eight place settings plus six 
serving pieces as specified in AHAM DW-1 (see section 430.22).
    1.14  ``Standby mode'' means the power consumption condition 
when the dishwasher is connected to the main electricity supply and 
the door lock is unlatched.
    1.15  ``Truncated normal cycle'' means the normal cycle 
interrupted to eliminate the power-dry feature after the termination 
of the last rinse operation.
    1.16  ``Truncated sensor heavy cycle'' means the sensor heavy 
cycle interrupted to eliminate the power-dry feature after the 
termination of the last rinse operation.
    1.17  ``Truncated sensor light cycle'' means the sensor light 
cycle interrupted to eliminate the power-dry feature after the 
termination of the last rinse operation.
    1.18  ``Truncated sensor medium cycle'' means the sensor medium 
cycle interrupted to eliminate the power-dry feature after the 
termination of the last rinse operation.
    1.19  ``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. 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 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.

[[Page 56243]]

    2.2  Electrical energy supply.
    2.2.1  Dishwashers that operate with an electrical supply of 120 
volts. Maintain the electrical supply to the dishwasher at 120 volts 
 2% 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 at 240 volts 
 2% 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 section 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.F.
    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 section 3.3 of this Appendix, maintain the pressure of the water 
supply at 35  2.5 pounds per square inch gauge (psig) 
when the water is flowing.
    2.5  Ambient and machine temperature. Using a temperature 
measuring device as specified in section 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  Test Cycle and Load.
    2.6.1  Non soil-sensing 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 if the dishwasher does not heat 
water in the normal cycle.
    2.6.2  Non 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 normal cycle with a clean load of eight place settings 
plus six serving pieces, as specified in AHAM 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 50  deg.F, 120  deg.F, or 140  deg.F. These units 
must be first tested on the sensor heavy cycle, then tested on 
sensor medium cycle, and finally on the sensor light cycle with the 
following combinations of soiled and clean test loads.
    2.6.3.1  For tests of the sensor heavy cycle, as defined in 
section 1.9:
    (A) For standard dishwashers, the test unit is to be loaded with 
a total of eight AHAM DW-1 place settings plus six serving pieces. 
Four of the eight place settings must be soiled according to AHAM 
DW-1 while the remaining place settings, serving pieces, and all 
flatware are not soiled.
    (B) For compact dishwashers, the test unit is to be loaded with 
four AHAM DW-1 place settings plus six serving pieces. Two place 
settings must be soiled according to AHAM DW-1 while the remaining 
place settings, serving pieces, and all flatware are not soiled.
    2.6.3.2  For tests of the sensor medium cycle, as defined in 
section 1.11:
    (A) For standard dishwashers, the test unit is to be loaded with 
a total of eight AHAM DW-1 place settings plus six serving pieces. 
Two of the eight place settings must be soiled according to AHAM DW-
1 while the remaining place settings, serving pieces, and all 
flatware are not soiled.
    (B) For compact dishwashers, the test unit is to be loaded with 
four AHAM DW-1 place settings plus six serving pieces. One place 
setting must be soiled according to AHAM DW-1 while the remaining 
place settings, serving pieces. and all flatware are not soiled.
    2.6.3.3  For tests of the sensor light cycle, as defined in 
section 1.10:
    (A) For standard dishwashers, the test unit is to be loaded with 
a total of eight AHAM DW-1 place settings plus six serving pieces. 
One place setting must be soiled with half of the soil load 
specified for a single place setting according to AHAM DW-1 while 
the remaining place settings, serving pieces, and all flatware are 
not soiled.
    (B) For compact dishwashers, the test unit is to be loaded with 
four AHAM DW-1 place settings plus six serving pieces. One place 
setting must be soiled with half of the soil load specified for a 
single place setting according to the AHAM DW-1 while the remaining 
place settings, serving pieces, and all flatware are not soiled.
    2.7  Detergent and rinse agent. Use detergent and rinse agent in 
the types and quantities specified according to AHAM DW-1.
    2.8  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.
    2.9  Preconditioning requirements. Precondition the dishwasher 
by establishing the testing conditions set forth in sections 2.1 
through 2.5 of this Appendix. Set the dishwasher to the 
preconditioning cycle as defined in section 1.8 of this Appendix, 
without using a test load, and initiate the cycle.
    3. Instrumentation: Test instruments must be calibrated 
annually.
    3.1 Temperature measuring device. The device must have an error 
no greater than  1  deg.F over the range being measured.
    3.2  Timer. Time measurements for each monitoring period shall 
be accurate to within 2 seconds.
    3.2.1  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 1 watt-hour or less and a maximum error of no more than 1 percent 
of the measured value for any demand greater than 50 Watts.
    3.5  Standby power meter. The watt/watt-hour meter must have a 
resolution of 0.1 watt or less at 1.0 watt actual power consumption 
and accumulate into watt-hours at a minimum power level of 20 
milliwatts. The watt/watt-hour meter must be capable of operating 
within the stated tolerances for input voltages at up to five 
percent total harmonic distortion and shall be capable of operating 
at frequencies from 47 hertz through 63 hertz. Power measurement 
instruments shall have a crest factor of not less than five at RMS 
currents of two amps or less.
    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. 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 section 2.3 of this Appendix and using a 
watt-hour meter as specified in section 3.4 of this Appendix.
    4.3  Water consumption. Measure the water consumption, V, 
specified as the number of gallons delivered to the dishwasher 
during the entire test cycle, using a water meter as specified in 
section 3.2 of this Appendix.
    4.4  Standby power. Connect the dishwasher to a watt/watt-hr 
meter as specified in section 3.5. Select the conditions necessary 
to achieve operation in the standby mode as defined in section 1.14 
of this Appendix. Monitor the power consumption but allow the 
dishwasher to stabilize for not less than 5 minutes. Commence energy 
consumption readings for a period of not less than an additional 5 
minutes, checking the power and equipment during the recording 
period to make sure that the dishwasher has not entered another 
mode. Continue measurement until the necessary measurement period is 
complete. Record the duration of energy measurement and the total 
energy consumed in watt-hours over that time period. Calculate the 
average standby power, Sm, expressed in watts by dividing 
the measured energy consumption by the duration of the measurement.
    5. Calculation of derived results from test measurements:
    5.1  Machine energy consumption.
    5.1.1  Machine energy consumption for non soil-sensing electric 
dishwashers. Take the value recorded in section 4.2 of this Appendix 
as the per-cycle machine electrical energy consumption. Express the 
value, M, in kilowatt-hours per cycle.
    5.1.2  Machine energy consumption for soil-sensing electric 
dishwashers. The machine energy consumption for the sensor normal 
cycle, M, is defined as:

M = (Mhc x Fhc) + (Mmc x 
Fmc) + (Mlc x Flc)

where,

Mhc = the value recorded in section 4.2 of this Appendix 
for the test of the sensor heavy

[[Page 56244]]

cycle, expressed in kilowatt-hours per cycle.
Mmc = the value recorded in section 4.2 of this Appendix 
for the test of the sensor medium cycle, expressed in kilowatt-hours 
per cycle.
Mlc = the value recorded in section 4.2 of this Appendix 
for the test of the sensor light cycle, expressed in kilowatt-hours 
per cycle.
Fhc = the weighting factor based on consumer use of heavy 
cycles = 0.05.
Fmc = the weighting factor based on consumer use of 
medium cycles = 0.33.
Flc = the weighting factor based on consumer use of light 
cycles = 0.62.

    5.2  Water consumption.
    5.2.1  Water consumption for non soil-sensing dishwashers using 
electrically heated, gas-heated, or oil-heated water.
    Take the value recorded in section 4.3 of this Appendix as the 
per-cycle water energy consumption. Express the value, V, in gallons 
per cycle.
    5.2.2  Water consumption for soil-sensing dishwashers using 
electrically heated, gas-heated, or oil-heated water.
    The water consumption for the sensor normal cycle, V, is defined 
as:

V = (Vhc x Fhc) + (Vmc x 
Fmc) + (Vlc x Flc)

where,

Vhc = the value recorded in section 4.3 of this Appendix 
for the test of the sensor heavy cycle, expressed in gallons per 
cycle.
Vmc = the value recorded in section 4.3 of this Appendix 
for the test of the sensor medium cycle, expressed in gallons per 
cycle.
Vlc =the value recorded in section 4.3 of this Appendix 
for the test of the sensor light cycle, expressed in gallons per 
cycle.
Fhc =the weighting factor based on consumer use of heavy 
cycles = 0.05.
Fmc = the weighting factor based on consumer use of 
medium cycles = 0.33.
Flc = the weighting factor based on consumer use of light 
cycles = 0.62.

    5.3  Water energy consumption for non soil-sensing or soil-
sensing dishwashers using electrically heated water.
    5.3.1  Dishwashers that operate with a nominal 140  deg.F inlet 
water temperature, only. For the normal and truncated normal test 
cycle, calculate the water energy consumption, W, expressed in 
kilowatt-hours per cycle and defined as:

W = V x T x K

where,

V = reported water consumption in gallons per cycle, as measured in 
section 4.3 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. For the normal and truncated normal test 
cycle, calculate the water energy consumption, W, expressed in 
kilowatt-hours per cycle and defined as:

W = V x T x K

where,

V = reported water consumption in gallons per cycle, as measured in 
section 4.3 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.
    5.4.1  Dishwashers that operate with a nominal 140  deg.F inlet 
water temperature, only. For each test cycle, calculate the water 
energy consumption using gas-heated or oil-heated water, 
Wg, expressed in Btu's per cycle and defined as:

Wg = V x T x C/e

where,

V = reported water consumption in gallons per cycle, as measured in 
section 4.3 of this Appendix,
T = nominal water heater temperature rise = 90  deg.F,
C = specific heat of water in btu's per gallon per degree Fahrenheit 
= 8.2,
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. For each test cycle, calculate the water 
energy consumption using gas heated or oil heated water, 
Wg, expressed in Btu's per cycle and defined as:

Wg = V x T x C/e

where,

V is measured in section 4.3 of this Appendix,
T = nominal water heater temperature rise = 70  deg.F,
C = specific heat of water in btu's per gallon per degree Fahrenheit 
= 8.2,
e = nominal gas or oil water heater recovery efficiency = 0.75.

    5.5.  Annual standby energy consumption. Calculate the estimated 
annual standby energy consumption. First determine the number of 
standby hours per year, Hs, defined as:
Hs = H - (215 cycles/year x L).

where,

L = the duration of the normal cycle for tests of non soil-sensing 
dishwashers or the duration of the sensor medium cycle for tests of 
soil-sensing dishwashers, and
H = the total number of hours per year = 8766 hours per year.

    Then calculate the estimated annual standby power use, S, 
expressed in kilowatt-hours per year and defined as:

S = Sm x ((Hs)/1000)

where,

Sm = the average standby power in watts as measured in 
section 4.4 of this Appendix.

[FR Doc. 02-22315 Filed 8-30-02; 8:45 am]
BILLING CODE 6450-01-P