[Federal Register Volume 68, Number 168 (Friday, August 29, 2003)]
[Rules and Regulations]
[Pages 51887-51903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-22120]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

10 CFR Part 430

[Docket No. EE-RM/TP-99-500]
RIN 1904-AB10


Energy Conservation Program for Consumer Products: Test Procedure 
for Dishwashers

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

ACTION: Final rule.

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SUMMARY: Under Part B of title III of the Energy Policy and 
Conservation Act (EPCA or the Act), the Department of Energy (DOE or 
the Department) promulgates a rule amending its test procedure to 
determine the energy efficiency of residential dishwashers. This 
amendment provides a new test procedure for testing the energy 
consumption of soil-sensing models, requires that manufacturers or 
private labelers include the measurement of standby power consumption 
in the estimated annual operating cost and estimated annual energy use 
calculations for all dishwasher models, and adds new specifications for 
instrumentation requirements. It also revises the number of cycles per 
year used for calculating the estimated annual operating cost, based on 
new survey data concerning consumer practices.

EFFECTIVE DATES: This rule is effective September 29, 2003. The 
incorporation by reference of certain publications listed in this rule 
is approved by the Director of the Federal Register as of September 29, 
2003.

ADDRESSES: You can read copies of all materials related to this 
rulemaking in 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-2J, 1000 
Independence Avenue, SW., Washington, DC 20585-0121, (202) 586-8714, e-
mail: [email protected]; Francine Pinto, Esq., U.S. Department 
of Energy, Office of General Counsel, GC-72, 1000 Independence Avenue, 
SW., Washington, DC 20585, (202) 586-7432, e-mail: 
[email protected]; or Thomas DePriest, Esq., U.S. Department of 
Energy, Office of General Counsel, GC-72, 1000 Independence Avenue, 
SW., Washington, DC 20585, (202) 586-2946, e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: You may obtain copies of the standard 
referenced in this final rule and referred to as ANSI/AHAM DW-1 
(American National Standard, Household Electric Dishwashers, ANSI/AHAM 
DW-1-1992) from the Association of Home Appliance Manufacturers (AHAM), 
1111 19th Street, NW., Suite 402, Washington, DC 20036, (202) 872-5955. 
Information regarding this rulemaking is also available on the 
Buildings Program Web site at the following address: http://www.eere.energy.gov/buildings/appliance_standards/.

I. Introduction
    A. Authority
    B. Background

[[Page 51888]]

    C. Summary of the Test Procedure Revisions
II. Discussion
    A. General Discussion
    B. Updated Representative Average Dishwasher Use
    C. New Three-Level Test Procedure for Soil-Sensing Dishwashers
    D. New Test Procedure To Measure Standby Power Consumption
    E. New Definitions
    F. Modifications To Improve the Clarity and Repeatability of the 
Test Procedure
    G. Effective Date of New Test Procedure
    H. Reporting Requirements
    I. Determination of Non-Compliant Models
    J. Comments Outside the Scope of this Rulemaking
    K. Implementation and Effect of New Test Procedure
III. Procedural Requirements
    A. Review Under the National Environmental Policy Act of 1969
    B. Review Under Executive Order 12866, ``Regulatory Planning and 
Review'
    C. Review Under Executive Order 13211, ``Actions Concerning 
Regulations that 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
    L. Review Under the Treasury and General Government 
Appropriations Act, 2001
    M. Congressional Notification
    N. Approval by the Office of the Secretary

I. Introduction

A. Authority

    Title III of EPCA 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 final rule. (42 U.S.C. 
6291 et seq.)
    Under the Act, the Program consists of three parts: Testing, 
labeling, and the Federal energy conservation standards. The 
Department, in consultation with the National Institute of Standards 
and Technology (NIST), may amend or establish 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 procedures 
must not be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3))
    If DOE amends a test procedure, EPCA requires DOE to determine 
whether 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 a change would result, DOE must amend the applicable 
energy conservation standard during the rulemaking that establishes the 
new test procedure. (42 U.S.C. 6293(e)(2)) In setting any new energy 
conservation standard, DOE is required to measure, with the new test 
procedure, the energy efficiency or energy use of a representative 
sample of covered products that minimally comply with the existing 
standard. The average energy efficiency or energy use of these 
representative samples under the new test procedure shall constitute 
the amended energy conservation standard for the applicable covered 
products. (42 U.S.C. 6293(e)(2))
    Effective 180 days after DOE prescribes or establishes an amended 
or new test procedure for a covered product, no manufacturer, 
distributor, retailer, or private labeler may make any representation 
with respect to the energy use, efficiency, or cost of energy consumed 
by the product, unless the product has been tested in accordance with 
such amended or new DOE test procedure and the representation fairly 
discloses the results of that testing. (42 U.S.C. 6293(c)(2)) This 
restriction on representations will take effect 180 days after the date 
this final rule is ``prescribed'' (i.e., the date this rule is 
published in the Federal Register). Because this final rule itself will 
become effective 30 days after its publication in the Federal Register, 
a manufacturer, distributor, retailer, or private labeler may begin 
using the new test procedure to make representations with respect to 
the energy use, efficiency, or cost of energy consumed by the product 
beginning with the effective date of this rule.

B. Background

    On December 18, 2001, the Department published a final rule 
amending the dishwasher test procedure that had been in effect since 
1987 (hereafter referred to as the ``2001 final rule''). 66 FR 65091. 
That rulemaking tightened some testing specifications, changed the 
definitions of compact and standard models, and reduced the average 
number of use cycles per year from 322 to 264. It did not, however, 
finalize the revised test procedure that the Department had proposed to 
measure the energy consumption of the newer soil-sensing models. 
Manufacturers were unable to adequately test these models with the 
existing test load of clean dishes. In the 2001 final rule, the 
Department concluded that it needed to conduct additional research 
regarding how to test accurately the variety of soil-sensing 
technologies used, and to collect more data regarding consumer 
dishwasher behavior. In the following year, the Department worked with 
industry and other stakeholders to explore possible approaches and to 
collect additional data to support the development of a new test 
method. In addition, the Department hired an independent research 
organization, Arthur D. Little, Inc. (ADL), whose technology and 
innovation business has become known as TIAX LLC, to collect and 
evaluate all available surveys and studies regarding consumer 
dishwasher use. The ADL research addressed both frequency of use and 
frequency of pre-rinsing the dish load. DOE placed the December 18, 
2001, ADL report and the March 5, 2002, ADL research addendum on its 
Building Research and Standards website for stakeholder review and 
comment.
    The Department published a Notice of Proposed Rulemaking (NOPR) on 
September 3, 2002 (hereafter referred to as the September 2002 NOPR or 
NOPR), defining two types of dishwashers, soil-sensing and non-soil-
sensing, according to whether a dishwasher could automatically adjust 
its wash cycle in response to the amount of food left on the dish load. 
67 FR 56232. The Department did not propose any changes to the existing 
test procedure for non-soil-sensing dishwashers, which still would use 
clean dishes, tested during the normal cycle. However, using the 
recommendations from the ADL research, the Department proposed for 
soil-sensing dishwashers a new test procedure using soiled dishes 
instead of clean ones. The procedure required that manufacturers or 
private labelers run a series of three tests using heavy, medium, and 
light soil loads in order to test a dishwasher's soil-sensing mechanism 
at different soil levels. This procedure allowed the energy factor for 
a soil-sensing dishwasher to become an aggregated number, the average 
of the energy consumption figures from the three soiled test loads, 
weighted according to user frequency. For soiling the dishes, the test 
procedure required

[[Page 51889]]

the same food soils used in the ANSI/AHAM DW-1 performance test, but 
with fewer soiled place-settings for each of the three test levels. 67 
FR 56243.
    In the September 2002 NOPR, DOE also proposed adding a method for 
calculating the standby power consumption for all dishwashers, both 
soil-sensing and non-soil-sensing, and including that energy in the 
estimated annual operating cost and estimated annual energy use 
calculations, but not in the energy factor. 67 FR 56242, 56244. The 
NOPR provided instrumentation requirements for measuring standby power 
and proposed changing the electrical energy supply requirements to 120 
volts +/-2 percent, instead of 115 volts. The NOPR also proposed a 
further reduction in the average number of use cycles from 264 to 215 
per year based on new consumer use data.
    This final rule adopts most of the test procedure provisions 
proposed in the September 2002 NOPR, and also incorporates certain 
changes that were presented and discussed at the October 22, 2002, 
public hearing with some modifications as discussed below. A few 
additional changes in test specifications resulted from information 
learned when NIST began testing two soil-sensing dishwashers using the 
proposed test procedure. The Department used NIST testing to verify 
that the test procedure language was clear and that the test was able 
to capture the machine's energy performance.

C. Summary of the Test Procedure Revisions

    The following are the major revisions to the dishwasher test 
procedure included in this final rule:
    1. Updated representative average dishwasher use
    2. New three-level test procedure for soil-sensing dishwashers:
    [sbull] Detergent and rinse agent
    [sbull] Specifications for dish load
    3. New test procedure to measure standby power consumption:
    [sbull] ``Standby mode'' definition
    [sbull] New measurement procedures
    [sbull] New instrumentation requirements
    [sbull] Corrected calculation procedure for the estimated annual 
energy use
    4. New definitions:
    [sbull] Non-soil-sensing dishwashers
    [sbull] Soil-sensing dishwashers
    [sbull] Sensor heavy response
    [sbull] Sensor light response
    [sbull] Sensor medium response
    [sbull] Truncated sensor heavy response
    [sbull] Truncated sensor light response
    [sbull] Truncated sensor medium response
    5. Modifications to improve the clarity and repeatability of the 
test procedure:
    [sbull] Clarify the definition of water-heating dishwasher
    [sbull] Retain testing voltage of 115 Volts
    [sbull] Reword definition of dryer energy, ED
    [sbull] Reword calculation of the number of standby hours per year, 
Hs, and duration of wash cycle, L
    [sbull] Correct typographical error in equation for Energy Factor 
(EF)
    [sbull] Reword flow rate tolerance
    [sbull] Reduce 140 [deg]F tolerance from +/-5 [deg]F to +/-2 [deg]F
    [sbull] Revise format of measurement descriptions of machine 
electrical energy consumption and water consumption

II. Discussion

A. General Discussion

    This final rule defines two types of dishwashers, soil-sensing and 
non-soil-sensing models, provides a new test procedure for soil-sensing 
dishwashers, and makes some modifications applicable to both soil-
sensing and non-soil sensing test procedures. Manufacturers or private 
labelers must calculate the energy factor for soil-sensing models using 
a weighted average of the results from three tests with three different 
soiled loads of dishes: Heavy, medium, and light. The test procedure 
for non-soil-sensing models requires only one test using a load of 
clean dishes. In addition, manufacturers or private labelers must use a 
new test method to calculate the standby power consumption of any 
dishwasher that uses standby power technology (including both soil-
sensing and non-soil-sensing dishwashers) and must add that value to 
the Estimated Annual Operating Cost (EAOC) and Estimated Annual Energy 
Use (EAEU) figures. At this time, however, the energy factor for 
dishwashers will not include the standby power consumption amounts. 
This final rule also reduces the representative average number of use 
cycles per year in the calculations for the EAOC to 215, down from 264 
cycles per year.
    The new test procedure for soil-sensing dishwashers reflects the 
combined efforts of many stakeholders who have worked with the 
Department to find a more accurate way of testing dishwasher models 
which use smart technology to sense and adjust the length of the wash 
cycle according to the soil level of the dish load. A series of 
meetings and discussions and the sharing of DOE draft proposals for 
comment on the web revealed a coincidence of views on the major 
features of the test procedure among stakeholders at the October 22, 
2002, public hearing on the NOPR. The Association of Home Appliance 
Manufacturers (AHAM) commented that it was in general agreement with 
the NOPR. (Public Hearing Tr. p. 39) \1\ The Consortium for Energy 
Efficiency (CEE) also stated that it was very supportive of the 
proposed test for soil-sensing dishwashers. (Public Hearing Tr. p. 89)
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    \1\ ``Public Hearing Tr. p. 39'' refers to the page number of 
the transcript of the ``Dishwasher Test Procedure Proposed Rule 
Public Hearing'' held in Washington, DC on October 22, 2002.
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    Although AHAM and CEE would like to see standby power energy 
consumption included in the energy factor at some point in the future, 
these stakeholders agreed that the more important goal at this time was 
the completion of a test procedure for soil-sensing models as quickly 
as possible. (AHAM No. 33 at 4; CEE No. 35 at 1) \2\ The following 
sections discuss specific components of the new test procedure and 
changes that the Department made to the NOPR as a result of stakeholder 
comments.
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    \2\ No. 33 and No. 35 refer to the numbers of the written 
comments and supporting documents included in the docket for this 
rulemaking (Docket Number EE-RM/TP-99-500). Numbers 4 and 1 refer to 
the cited page numbers in those written comments.
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B. Updated Representative Average Dishwasher Use

    One figure needed for computing the EAOC is a number the Department 
selects to represent the average number of times consumers run their 
dishwashers in the course of one year. In 1983, DOE amended the 
dishwasher test procedure to reduce the representative average use from 
416 cycles per year to 322 cycles per year based on surveys of consumer 
use conducted prior to 1982. In 2001, DOE further reduced the 
representative average use from 322 cycles per year to 264 cycles per 
year based on the Soap and Detergent Association's data for available 
years between 1985 and 1995. (66 FR 65092, December 18, 2001) For this 
rulemaking, DOE commissioned a study by ADL to identify new consumer 
use data that could be used to evaluate the 264 cycle requirement and 
update it if appropriate. The findings of this study established that 
consumer use ranged from 200 to 233 cycles per year. (ADL No. 25 at 20) 
Therefore, in the September 2002 NOPR, DOE proposed 215 as the average 
number of dishwasher use cycles per year, selecting the approximate 
midpoint of the 200-233 cycle range.
    At the October 22, 2002, public hearing, the Oregon Office of 
Energy (OOE) stated that the American Water Works Association (AWWA) 
had data

[[Page 51890]]

obtained by sub-metering consumers that could establish the number of 
dishwasher cycles per year more accurately than surveys. (OOE, Public 
Hearing Tr. p. 124) Following the public hearing, DOE obtained the AWWA 
data and found: (1) That water use specific to dishwashers was not 
listed separately from other appliances and (2) that the study was not 
nationally representative. Later, in a written comment, OOE stated that 
further research into the data from AWWA on dishwasher cycles per year 
determined that the dishwasher data was combined with, and inseparable 
from, household lavatory and kitchen sink water use. As a result, OOE 
concluded ``that the data and analysis presented by ADL at the October 
22nd public hearing probably represents the best basis for establishing 
today's annual dishwasher use, in cycles per year.'' (OOE No. 36 at 2) 
As a result of DOE's own analysis and OOE's comment, the Department has 
decided not to use the AWWA data in this rulemaking.
    AHAM commented that DOE should consider selecting 208 cycles per 
year, a value that exactly represents using a dishwasher four times per 
week (4 cycles per week x 52 weeks = 208 cycles per year). It stated 
that since that number is reasonably close to DOE's proposal of 215, 
and still within the range of 200 to 233 supported by ADL research, the 
selection of 208 cycles per year would aid the consumer in 
understanding the content of the Federal Trade Commission's (FTC) 
EnergyGuide label. (AHAM No. 33 at 3) The OOE, however, stated that it 
concurred with the Department's proposed cycles-per-year estimate of 
215, and found no issue in not using four cycles per week on 
EnergyGuide labels, in spite of the resulting mathematical difference 
between 208 and 215. It believed that the annual dollar cost difference 
of slightly more than a dollar, if consumers noticed it at all, would 
be a negligible difference. (OOE No. 36 at 2)
    While the Department recognizes that the FTC generally rounds 
average use to an integer value and the number 208 would represent a 
perfect four wash cycles per week, the Department does not believe that 
the number of cycles per year should be selected on the basis of 
numerical alignment.
    The best data available to DOE establishes a consumer use range 
from 200 to 233 cycles per year, and DOE proposed a midpoint in this 
range because ``this range is appropriate but no definitive number 
within that range appears to be better than any other.'' 67 FR 56235. 
Comment was divided on the best number to use in this range, but none 
of the comments offered any persuasive argument or analysis for 
adopting a number different from the one DOE had proposed. Therefore, 
DOE is retaining 215 cycles per year as the representative average 
number of use cycles per year. This number represents a significant 
drop from the current value of 264 cycles per year and is appropriate 
because it is based on an analysis of the best available data. Section 
430.23(c) of subpart B of the test procedure now includes 215 as the 
value of ``N'', the representative average number of dishwasher cycles 
per year used in the formula for calculating the EAOC.

C. New Three-Level Test Procedure for Soil-Sensing Dishwashers

    At the October 22nd public hearing and in the written comments DOE 
received, there was general agreement regarding the major components of 
the proposed procedure for testing soil-sensing dishwashers. The new 
test procedure adopts a three-level soil test based on the soils used 
in ANSI/AHAM DW-1. The energy factor for a soil-sensing dishwasher will 
be computed using a weighted average of the normal wash responses from 
testing the dishwasher three separate times with three soil levels: 
heavy, medium, and light. Those conducting the tests will measure and 
calculate the energy consumption responses for each of the three cycles 
(i.e., sensor heavy, sensor medium, and sensor light for soil-sensing 
dishwashers) in the same way as the test procedure for non-soil-sensing 
dishwashers which uses clean dishes in the normal cycle. However, DOE 
will base the machine energy and water energy components for a soil-
sensing dishwasher on a weighted average of the three energy 
consumption tests, according to the frequency with which consumers wash 
light, medium, and heavy loads. Thus, under sections 5.1.2, 5.2.2, and 
5.3.2 of the test procedure, the energy factor will be a number 
computed from the three test cycles to represent the normal energy 
efficiency of the soil-sensing machine.
    From available survey data, ADL determined the following 
distributions of typical soil levels for U.S. households using 
dishwashers: 5 percent heavy level of soil, 33 percent medium level of 
soil, and 62 percent light level of soil. (Review of Survey Data to 
Support Revisions to DOE's Dishwasher Test Procedure, December 18, 
2001; ADL No. 25 at 8) The Department is using the distribution of 
these three soil level categories to establish the weighting factors, 
F, as follows: for the heavy response, Fhr = 0.05; for the 
medium response, Fmr = 0.33; and for the light response, 
Flr = 0.62. The resulting equation for the machine energy, 
M, for soil-sensing dishwashers is:

M = (Mhr x Fhr) + (Mmr x 
Fmr) + (Mlr x Flr).

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

V = (Vhr x Fhr) + (Vmr x 
Fmr) + (Vlr x Flr).

    AHAM submitted a written comment supporting the weighting factors 
for the three soil levels, stating that ``the proposed test procedure 
aligns well with actual consumer practices.'' (AHAM No. 33 at 2) Along 
with supporting the soil weighting factors, the OOE also agreed with 
the Department's selection of the soils and soiling method specified 
for industry use in the ANSI/AHAM DW-1 standard, commenting that it is 
confident that AHAM's DW-1 test method is the best basis for a 
methodology that can deliver repeatable results for these models. (OOE 
No. 36 at 2)
Detergent and Rinse Agent
    In addition to supporting the overall test methodology, commenters 
recommended two changes regarding the amount of detergent and rinse 
agent (also referred to as rinse additive or rinse aid) used in the 
proposed test. In its comment, Maytag Corporation suggested the 
Department reduce by at least half the amount of detergent which DOE 
specified in the September 2002 NOPR because of the smaller size of the 
test loads. The firm commented that the ANSI/AHAM DW-1 soiled dish load 
which industry uses as a performance test ``is 10-12 place settings and 
the 0.5 percent detergent concentration that is stated in the ANSI/AHAM 
DW-1 test protocol is based on that amount of soil level. The detergent 
amount is to improve cleanability not to impact energy consumption.'' 
(Maytag No. 32 at 1) AHAM also indicated that, because the soil levels 
in the DOE test procedure are so much smaller than the soil level in 
the original ANSI/AHAM DW-1 procedure, the amount of detergent stated 
in the September 2002 NOPR should be reduced accordingly: to one-half 
the amount of detergent used in the AHAM performance test. (AHAM No. 33 
at 6) Maytag also stated, ``Rinse additive should not be used in the 
test for the following reason. Rinse additive is usually released into 
the dishwasher in the last rinse before the heated dry [cycle] and is 
used to help improve drying and reduce spotting. It does not impact 
energy consumption of the dishwasher.'' (Maytag No. 32 at 1) The OOE 
commented that since the use of

[[Page 51891]]

rinse aid has no demonstrated impact on energy or water use, to require 
it for energy use testing would amount to a senseless waste of money 
and chemicals. (OOE No. 36 at 4) The Department agrees with these 
comments regarding the reduction of unnecessary chemical use and is 
therefore reducing the amount of detergent by half in section 2.8 of 
the test procedure and omitting the instruction to use rinse agent that 
DOE had proposed in section 2.7 of the NOPR.
    This final rule reflects the consensus on the appropriateness of 
the current soil loads and weighting factors of the new test procedure 
as proposed, and incorporates the above changes regarding detergent and 
rinse agent.
Specifications for Dish Load
    In the September 2002 NOPR, DOE proposed incorporating the August 
20, 1999, ``Addendum to Appendix A of AHAM DW-1-1992'' by reference 
into the final rule to specify the type of dishes to be used in the 
test procedure. At the October 22 public hearing, however, AHAM stated 
that because some dishes in the ANSI/AHAM DW-1 Addendum are no longer 
available, DOE should use a new reference list which will be included 
in the ANSI/AHAM DW-1 revision currently under consideration. (Public 
Hearing Tr. p. 54) AHAM further suggested that since the new list is 
not yet available as part of ANSI/AHAM DW-1 for formal incorporation by 
reference, the Department should publish the specific table containing 
the recommended dishware, glassware, and flatware in the rule to 
address manufacturers' concerns about availability. (Public Hearing Tr. 
p. 54)
    There was considerable discussion at the public hearing that 
confirmed both the comparability of the new list of dishware with what 
is currently being used during testing, and also the availability 
problems regarding the ANSI/AHAM DW-1 Addendum list as DOE had proposed 
in the September 2002 NOPR. The Department agrees that it would be best 
to use the most current list of available dishware, and therefore has 
directly included that list in the text of the test procedure as 
section 2.7. This test load list supercedes the specifications for 
dishware included in ANSI/AHAM DW-1. Thus, when testing soil-sensing 
dishwashers, ANSI/AHAM DW-1 should be used for determining the types 
and quantities of soils and the size of a place setting, but the table 
in section 2.7 of the test procedure should be used for determining the 
specific types of dishware, glassware, and flatware. The insertion of 
this table in section 2.7 (previously the section for detergent and 
rinse agent) alters the numbering sequence for sections 2.7 through 2.9 
as they appeared in the September 2002 NOPR, and creates a new section 
2.10 for preconditioning requirements (previously section 2.9). The 
following sections of the test procedure now include references to 
section 2.7 for specifying the test load of dishware, glassware, and 
flatware: sections 1.2, 1.13, 2.6.2, 2.6.3.1, 2.6.3.2, and 2.6.3.3 of 
Appendix C to Subpart B, and paragraph (f) of section 430.32 of Subpart 
C.

D. New Test Procedure To Measure Standby Power Consumption

    The Department presented a comprehensive method for computing 
standby power consumption in the September 2002 NOPR. Later, however, 
DOE learned that the International Electrotechnical Commission (IEC) 
was circulating a July 12, 2002, committee draft document for measuring 
standby power in household electrical appliances which contained some 
alternate technical specifications. (IEC No. 39 at 6-9, 14-15) The IEC 
is a worldwide organization which publishes international standards and 
promotes international cooperation on questions concerning 
standardization in the electrical and electronic fields. Thus, in order 
to make the proposed dishwasher test procedure as consistent as 
possible with international specifications that the IEC is developing 
on standby power, DOE presented at the October 22 public hearing an 
enhanced version of the original method set out in the September 2002 
NOPR, based on specifications the Department adapted from the draft IEC 
document. These changes addressed the definition for ``standby mode'' 
and the instrumentation requirements, as well as the measurement and 
calculation procedures. (Public Hearing Tr. p. 131). The Department 
used the discussions at the hearing and comments received to improve 
the test procedure as described below.
``Standby Mode'' Definition
    AHAM commented that the definition of standby mode in the September 
2002 NOPR, ``the power consumption condition when the dishwasher is 
connected to the main electricity supply and the door lock is 
unlatched'' (67 FR 56242), would not be appropriate for all 
dishwashers. (AHAM No. 30FF at 4). AHAM stated that some new models of 
dishwashers may not be in the standby mode when a door is unlatched, 
and that some did not even have traditional doors. As a result of this 
comment, DOE presented for discussion at the public hearing the 
following alternative definition which was based on the draft 
definition in the IEC document: `` `Standby mode' means the lowest 
power consumption mode which cannot be switched off or influenced by 
the user, a non-operational mode not affected by the dishwasher's 
primary function which may persist for an indefinite time when the 
dishwasher is connected to the main electricity supply and used in 
accordance with the manufacturer's instructions.'' (Public Hearing Tr. 
p. 132)
    At the public hearing, AHAM also presented the IEC draft definition 
but did not include the words ``a non-operational mode not affected by 
the dishwasher's primary function'' which the IEC draft had listed as a 
note in its draft, but not as part of the definition itself. (AHAM No. 
30FF at 4) The AHAM representative explained at the hearing that the 
inclusion of those words seemed like adding ``redundant and unnecessary 
verbiage to the definition because you've already defined the fact that 
you're in the non-operational mode by saying it's the lowest power 
consumption mode that can't be switched off.'' (Public Hearing Tr. p. 
138) The Department reviewed the text and agrees that the words AHAM 
cited are redundant for defining standby mode. Overall, there was broad 
support among commenters for drawing from the IEC expertise on this 
issue. For example, the OOE commented that it supported DOE's test 
procedure being consistent with the IEC definition. (Public Hearing Tr. 
p. 129) In light of the discussion at the public hearing and the 
comments received, the Department agrees with the criticisms of the 
``standby mode'' definition in the September 2002 NOPR and believes 
that the IEC draft definition for standby mode is the better choice. 
Therefore, the Department has adopted it in section 1.14 of this rule. 
The Department's text, however, specifically names dishwashers in the 
definition, rather than using the more general term ``appliance'' which 
the IEC uses in its broader definition for standby mode.
New Measurement Procedures
    The September 2002 NOPR proposed a procedure for the measurement of 
standby power which required measuring the standby energy consumption 
using a watt-hour meter and prorating the value over the measurement 
period. (67 FR 56243) Based on an AHAM comment and the IEC draft 
document containing a procedure for measuring standby power, DOE 
presented revisions to the

[[Page 51892]]

September 2002 NOPR at the October 22 public hearing. These revisions 
added provisions for measuring stable standby power consumption using a 
wattmeter and for measuring unstable standby power consumption using a 
watt-hour meter.
    The modified measurement method, which is set forth in section 4.4 
of the test procedure, requires allowing the dishwasher's standby power 
consumption to stabilize for five minutes, and then monitoring the 
dishwasher for an additional five minutes to determine whether the 
dishwasher's standby power consumption meets the criteria for stability 
(discussed below). If stable, the standby power could be measured 
directly using a wattmeter to obtain an instantaneous reading in watts. 
AHAM had recommended this alternative to measuring standby power in 
watt-hours and prorating the value for the measurement period as a way 
to simplify, and perhaps improve, the accuracy of the measurement. 
(AHAM No. 33 at 5)
    The Department presented the criteria for stability as a power 
level drift of not more than 1 percent from the maximum observed value 
during the monitoring period with no cyclic or pulsing behavior. 
(Public Hearing Tr. p. 154) AHAM pointed out that the U.S. Technical 
Advisory Group had submitted comments to the IEC recommending a 5 
percent drift instead of a 1 percent drift, stating that ``at the 
levels that you're monitoring, typically three to five watts, a drift 
of five percent is almost negligible. One percent drift is extremely 
tight.'' (Public Hearing Tr. p. 156) The Department followed up with 
the IEC committee and learned that the IEC was in the process of 
revising its July 12, 2002, committee draft and had accepted the 5 
percent drift as a revised specification. The March 7, 2003, IEC 
committee draft included the 5 percent specification in section 4.3.1. 
(IEC No. 40 at 8) In the interest of harmonization, and because DOE 
agrees based on the data and comments presented that the 1 percent 
drift tolerance is too restrictive, DOE is changing the 1 percent drift 
tolerance to 5 percent drift tolerance in section 4.4 of the test 
procedure.
    The modified procedure, which is based on the March 7, 2003, IEC 
committee draft document, provides instructions for measuring the 
standby power for dishwashers which fail to meet the stability criteria 
presented above. In the case where the standby power varies over a 
cycle, the energy must be accumulated over a period of one or more 
complete cycles and prorated over a period of at least five minutes in 
order to get the average standby power. (Public Hearing Tr. p. 154) The 
final rule also includes the editorial change of replacing ``not less 
than 5 minutes'' with ``at least 5 minutes'' to express the required 
time interval consistently throughout section 4.4, and retains the 
original NOPR method for measuring standby power using a watt-hour 
meter.
    The Department is making these modifications to provide more 
flexibility in testing, to increase harmonization with the IEC, and to 
maintain accuracy and improve clarity of the procedure. The Department 
believes that permitting the use of a single point measurement using a 
wattmeter has no negative impact on measurement accuracy and is an 
acceptable alternative to measuring in watt-hours and prorating the 
value for the measurement period. Thus, section 4.4 of the test 
procedure now includes two measurement options, allowing standby power 
measurements using a wattmeter or a watt-hour meter.
New Instrumentation Requirements
    Section 3.5 of the September 2002 NOPR defined the instrumentation 
requirements for the standby power meter. At the October 22 public 
hearing, DOE stated that it was considering an additional requirement: 
``The meter shall have a maximum error no greater than 1 percent of the 
measured value.'' This specification establishes a level of accuracy 
for the instrumentation used to measure standby power. It is the same 
level of accuracy already required of the watt-hour meter used for 
measuring the machine electrical energy consumption of the dishwasher 
to ensure reliable results and does not present a significant test 
burden. There were no written or public hearing comments regarding this 
proposed requirement.
    Discussion at the public hearing, however, did explore the 
differences in the RMS (root mean squared) value and the crest factor 
value (a measure of the instrument's capability to get good readings 
during power fluctuations). The NOPR proposed a value of 5 RMS whereas 
the IEC draft proposed a value of 3 or more RMS. Whirlpool Corporation 
recommended 3 RMS, commenting that 5 RMS would potentially increase the 
cost of the measuring equipment beyond what is practical for this 
level. (Public Hearing Tr. p. 152) The OOE raised the question of 
whether independently modifying the requirements for total harmonic 
distortion (THD) and the crest factor created a conflict in the 
specifications, and recommended that the test procedure be consistent 
with the IEC whenever possible. (Public Hearing Tr. p. 154)
    Following the public hearing, DOE contacted an equipment 
manufacturer of power meters, Yokogawa Electric Corporation, to 
determine if there was any conflict in the specifications as written in 
the NOPR and to discuss whether 5 RMS was unnecessarily restrictive. 
From this discussion, DOE learned that it is important to match the 
crest factor with RMS and that the way DOE had written the 
specification in the NOPR was incorrect. The manufacturer also 
confirmed that the 5 RMS requirement would be more restrictive than 
necessary for ensuring accurate testing and would require manufacturers 
or private labelers to purchase equipment that was considerably more 
expensive.
    As a result of this discussion and the public comments, DOE has 
concluded that reducing the crest factor requirement to 3 or more RMS 
would still ensure accurate testing, while at the same time reduce 
unnecessary manufacturer expense and establish a testing value 
consistent with the IEC. Therefore, DOE has adopted this change. For 
clarification purposes, DOE also restructured the format of the 
instrumentation section to present the requirements for each of the 
power meters separately. The requirements for the watt-hour meter to 
measure the machine electrical energy consumption of the dishwasher are 
in section 3.5. The requirements for the standby wattmeter to measure 
standby power are in section 3.6. The requirements for the standby 
watt-hour meter to measure standby power are in section 3.7.
Corrected Calculation Procedure for the Estimated Annual Energy Use
    The September 2002 NOPR provided equations for incorporating 
standby power into the calculations of the EAOC and EAEU. Those 
equations only calculated the per-cycle energy consumption and did not 
calculate values for annual usage. In written comments, AHAM suggested 
a change in the way DOE calculated the EAEU in the NOPR, editing the 
equations for EAEU to include the number of cycles per year so that the 
energy consumption is calculated for annual consumption. (AHAM No. 30FF 
at 7) The Department agrees that this change improves the utility of 
the EAEU equations proposed in the NOPR. The revised equations for EAEU 
in section 10 CFR 430.23(c)(3) now reflect the total annual energy use 
of the dishwasher.
    It should be noted that only the EAOC and EAEU calculations include 
standby power consumption; the energy factor

[[Page 51893]]

calculation does not include it at this time. As currently defined in 
the test procedure, the energy factor represents the amount of energy 
used during a cycle. Since standby power is energy consumed outside the 
wash cycle of a dishwasher, it is not a parameter in the energy factor 
calculation. Stakeholders supported this as an initial strategy. Both 
AHAM and CEE commented that they supported the proposal to include 
standby power in the EAOC and EAEU. However, they also voiced strong 
support for including standby power in the energy factor whenever in 
the future the energy efficiency standard for dishwashers is revised. 
(AHAM No. 33 at 4; CEE No. 35 at 1)

E. New Definitions

    The Department presented nine new definitions in the September 2002 
NOPR (67 FR 56242), all of which elicited comments. The change in the 
definition for ``standby mode'' was discussed in the previous section. 
This section addresses all other definitions.
Non-Soil-Sensing Dishwasher and Soil-Sensing Dishwasher
    For this test procedure, the Department developed definitions for 
two types of dishwashers: non-soil-sensing dishwasher and soil-sensing 
dishwasher. The designation of dishwasher type determines whether a 
dishwasher will be tested with clean or soiled dishes. The two 
definitions use the ability or lack of ability to adjust automatically 
any energy consuming aspect of a wash cycle based on the soil load of 
the dishes as the determinant for distinguishing dishwasher type.
    AHAM questioned the wording of these proposed definitions and 
recommended that the Department change the more general phrase of 
``wash cycle'' to ``normal wash cycle,'' since the test procedure only 
tests the normal cycle. (Public Hearing Tr. p. 88) However, in order to 
provide a clear definition for the purposes of classification, DOE 
believes that a dishwasher should be classified as a soil-sensing 
dishwasher if it can sense soils and respond to that information, 
regardless of the cycle type. Using the more narrow specification of 
``normal cycle'' in the definition could provide an incentive for 
manufacturers to have a separate button activating the use of a soil 
sensor so that the normal cycle would operate as a non-soil-sensing 
dishwasher. This cycle configuration would enable a dishwasher to be 
tested on the normal cycle with clean dishes, thus avoiding the more 
difficult and costly test method using soils. For these reasons, DOE is 
retaining the original definitions with the more general reference to 
``wash cycle'' and is not adding the word ``normal'' to sections 1.5 
and 1.12.
Sensor Response
    In the September 2002 NOPR, the Department proposed a set of six 
definitions to characterize the energy consumption test cycles that 
would result when soil-sensing dishwashers were tested with the three 
levels of soil used in the test procedure in sections 1.9, 1.10, 1.11, 
1.15, 1.16, 1.17, and 1.18. AHAM recommended that the Department change 
this entire set of soil-sensing cycle definitions, suggesting that the 
word ``response'' replace the word ``cycle.'' It believes that the word 
``response'' more accurately characterizes the way that a dishwasher 
will react to the varying soiled loads in the soil-sensing tests, since 
there is no actual button or setting which can initiate the cycle in 
the way that a traditional cycle can be selected by a dishwasher user. 
(AHAM No. 33 at 8)
    The Department agrees that changing the word ``cycle'' to 
``response'' would more accurately reflect the way a dishwasher is 
challenged to react to the heavy, medium, and light soil levels, and 
therefore DOE has adopted this change. However, by using the word 
``response'' as part of the term to be defined, the Department believes 
that the later words in the proposed definitions, ``that constitutes 
the response,'' become redundant and should be eliminated. Thus, DOE 
has made conforming changes to the NOPR definitions set out in section 
1 of this final rule. In addition, the Department has modified 
references to these terms throughout the test procedure to reflect the 
change, specifically in section 2.6.3 and its subsections, sections 
5.1.2 and 5.2.2, and section 5.6.

F. Modifications To Improve the Clarity and Repeatability of the Test 
Procedure

Clarify the Definition of Water-Heating Dishwasher
    Discussion at the October 22nd public hearing brought forth one 
issue that DOE had not raised in the September 2002 NOPR. CEE 
questioned the clarity of the existing definition of the normal cycle 
for water-heating dishwashers in section 1.19 of the regulations 
proposed in the NOPR, believing that the language as written offered a 
possible testing ``loophole.'' (Public Hearing Tr. p. 174) It was the 
intent of the definition, already in effect with the December 18, 2001, 
final rule, to require that all water-heating dishwashers heat water to 
120 [deg]F during testing. However, the wording of the definition using 
the phrase ``may operate'' did not seem to require it definitively. CEE 
suggested that under the current definition, one might interpret the 
requirement to allow the testing of a water-heating dishwasher using 50 
[deg]F water, instead of the 120 [deg]F temperature, thereby reducing 
its apparent energy consumption. The CEE representative stated, ``Our 
position is that it leaves too much wiggle room for someone to abuse 
that. * * * We would suggest that you require at least one cycle be 
heated to 120 degrees.'' (Public Hearing Tr. p. 170)
    Much discussion ensued at the hearing as stakeholders offered their 
interpretations of the definition. Whirlpool, for example, commented 
that a reading of the definition could be that the test procedure did 
not require a dishwasher that uses cold inlet, defined as nominal 50 
[deg]F, to heat at least one wash phase to 120 [deg]F. (Public Hearing 
Tr. p. 173) The stakeholders at the hearing agreed that the intent of 
the definition was to require the necessary water-heating in at least 
one cycle, and several offered suggestions as to how the language might 
be clarified to make sure that the definition includes that 
requirement. AHAM and CEE submitted additional suggestions in written 
comments for revising the definitions. AHAM's and CEE's definitions 
proposed replacing the word ``may'' with the word ``must.'' (AHAM No. 
33 at 9; CEE No. 35 at 2) After reviewing the suggested changes, the 
Department selected the wording submitted by AHAM for use in section 
1.9 of this test procedure. The Department believes that AHAM's 
proposed language most clearly states the requirement that all water-
heating dishwashers must heat to at least 120 [deg]F, regardless of the 
inlet temperature. The change in this definition represents a 
clarification of language to support the original intent of the test 
procedure, not a new definition.
    OOE also questioned in written comments whether there is any 
justification for even providing the option of testing water heating 
dishwashers with 50 [deg]F inlet temperature, since it would lengthen 
the dishwashing test cycle significantly. (OOE No. 36 at 5) Dropping 
the 50 [deg]F testing option, however, was not discussed at the public 
hearing as part of the discussion to tighten the definition. 
Commenters' concern focused on closing the testing loophole that may 
have existed within the definition of water-heating dishwashers for 
conducting 50-degree tests, and not on eliminating the 50-degree 
testing

[[Page 51894]]

option entirely. Since the new definition for water-heating dishwashers 
in this final rule clarifies the testing procedure for those models, 
the Department believes that it is appropriate to retain the option to 
test a dishwasher using cold water. The Department does not wish to 
restrict manufacturers from developing a dishwasher that heats cold 
water (nominal 50 [deg]F) as long as it can meet the testing 
requirements.
Retain Testing Voltage of 115 Volts
    The September 2002 NOPR proposed changing the testing voltage from 
115 volts within 2 percent of the nameplate frequency to 120 volts +/-2 
percent to be consistent with manufacturers' instructions which specify 
120 volts in the installation procedures. AHAM commented that although 
this change was potentially a good one, at this time, it would endanger 
the compliance of minimally compliant models. While AHAM conceptually 
supported a test voltage revision to 120 volts +/-2 percent, it was 
concerned with the impact of this proposed change on the ratings of all 
dishwashers, especially on minimally compliant models. AHAM explained 
that since wattage use increases based on the square of the voltage, 
the tested power consumption could increase by 3 to 5 percent. 
Therefore, to avoid triggering the statutory requirement that the 
applicable energy conservation standard (presently 2.174 kWh per cycle 
maximum) be amended, AHAM recommended that DOE retain the existing 
voltage ranges. (AHAM No. 30FF at 4) OOE also recommended keeping 115 
volts for the time being and suggested that DOE examine this issue in 
more detail when developing a new efficiency standard. (OOE No. 36 at 
3)
    The Department agrees that it would be more appropriate to address 
this change during a standards rulemaking at a future time, since it 
would alter the power consumption of all models and potentially impact 
compliance. The Department is therefore retaining the 115 volt 
specification in section 2.2.1 of the test procedure. In order to make 
the test procedure instructions more clear and precise, DOE is 
rewriting the existing tolerance ``within two percent of 115 volts'' as 
``115 volts +/-2 percent,'' and the existing tolerance in section 2.2.2 
as ``240 volts +/-2 percent.'' This wording change does not change in 
any way the meaning or effect of the existing tolerance.
Reword Definition of Drying Energy, ED
    In testing two soil-sensing dishwashers using the proposed test 
procedure, NIST found that more detailed instructions were necessary to 
complete the determination of the drying energy, ED, for 
soil-sensing dishwashers. NIST observed that while the new test 
procedure required testing soil-sensing dishwashers with three 
different soil levels, it did not specify how to compile the drying 
energy from the heavy response, medium response, and light response. 
Although there was no negative comment on this issue at the October 
22nd public hearing or in written comments in response to the September 
2002 NOPR, DOE is correcting this omission by defining the drying 
energy, ED, for soil-sensing dishwashers as the mathematical 
average of the three soil level tests. This approach compiles the 
results of three tests to represent the normal cycle for a soil-sensing 
dishwasher and is consistent with the procedure for calculating 
representative machine energy and water consumption values. For non-
soil-sensing dishwashers, the procedure is unchanged. The instructions 
for determining the ED for soil-sensing and non-soil-sensing 
dishwashers are in section 5.2 of this rule.
    The Department also determined that an additional clarification was 
necessary regarding the definition of the drying energy, ED, 
that the NOPR described as ``the energy consumed after the normal cycle 
is interrupted to eliminate the power-dry portion of the cycle.'' 67 FR 
56241. The definition provides instructions on when to begin recording 
the drying energy: at the point separating the truncated normal cycle 
from the normal cycle. 67 FR 56241. Rather than representing the energy 
consumed by the drying portion of the cycle, the Department was 
concerned that use of the word ``eliminate'' could inaccurately suggest 
that the drying cycle is stopped entirely, resulting in zero drying 
energy. Because DOE's intent is to capture the drying energy for the 
normal cycle, the Department concluded that the definition should 
clearly state that ED is the energy consumed using the 
power-dry feature. With this non-substantive clarification, the 
Department believes the revised definition will clearly instruct 
manufacturers or private labelers to measure the energy consumed during 
the drying cycle, correcting an oversight in the computation method for 
drying energy presented in the September 2002 NOPR. The revised 
definition, located in section 430.23 (c)(1)(i) of the test procedure, 
specifies ED as the drying energy consumed after the 
termination of the last rinse option.
Reword Calculation of the Number of Standby Hours Per Year, 
Hs, and Duration of Wash Cycle, L
    The test procedures for both soil-sensing, non-soil-sensing 
dishwashers calculate the number of standby hours per year, 
Hs, by subtracting the number of hours that the dishwasher 
is in use from the total number of hours per year. The estimated usage 
value is the product of the representative average number of use cycles 
per year, N, (215 in this final rule), and the average duration of the 
test wash cycle, L. In a written comment, OOE called attention to an 
inconsistency in the way that the manufacturers calculated the duration 
of the normal wash cycle for determining the number of standby hours. 
It stated that the computation proposed in the September 2002 NOPR for 
the number of standby hours was inconsistent with the method of 
calculating annual energy use because it multiplied the number of 
cycles times the normal cycle time to get the number of hours the 
dishwasher was operating and did not take into account any use of the 
truncated normal cycle. 67 FR 56244. OOE recommended ``that the 
treatment of normal cycle time be consistent with normal cycle energy 
use computations--namely, that half of the normal cycles be with heated 
drying, and half without. It would be highly inappropriate to be 
inconsistent in this regard.'' (OOE No. 36 at 4, emphasis in original)
    Although this change was not discussed at the hearing, the 
Department believes this suggested change corrects an oversight in the 
NOPR concerning the computation method for standby power. Not making 
this change would result in a slight overestimation of the annual wash 
time because the use of the truncated normal cycle shortens the wash 
time. By more accurately dividing the time spent in a wash cycle and 
the time spent in standby mode (for both conventional and soil-sensing 
dishwashers), DOE is making the calculation consistent with the current 
method of averaging the normal and truncated normal cycle values. 
Therefore, the Department has changed the definition of ``L'' in 
section 5.6 of this final rule in response to this comment to improve 
the accuracy in estimating the duration of the wash cycle.
    In written comments after the public hearing, AHAM requested that 
DOE change the words ``sensor medium cycle'' to ``sensor medium 
response'' in the definition of L. (AHAM No. 33 at 10) The Department 
will make this change which is consistent with the

[[Page 51895]]

modification to the definition of ``sensor medium response'' in this 
rule. The Department will also make conforming changes with the 
additions of ``sensor heavy response'' and ``sensor light response'' to 
the definition of L. The Department has also modified the equation of 
Hs published in the NOPR by replacing ``215 cycles/year'' 
with ``N'' and defining ``N'' in section 5.6 of the final rule as ``the 
representative average dishwasher use of 215 cycles per year.'' This 
change has no effect on the value calculated, but gives a clearer 
presentation of the equation, and is consistent with the definition of 
N presented in section 430.23 (c)(1)(i) for computing the EAOC.
Correct Typographical Error in Equation for Energy Factor (EF)
    This final rule corrects a typographical error, a missing equal 
sign in the equation for EF on the first column of page 56242 of the 
September 2002 NOPR. (67 FR 56242)
Reword Flow Rate Tolerance
    In section 3.3 of the September 2002 NOPR, the specifications for 
the water meter stated that the maximum error can be no greater than 
1.5 percent for all water flow rates from one to five gallons per 
minute. AHAM suggested that the specification be changed to plus or 
minus 1.5 percent of the actual measured flow rate. This would 
``reflect the actual range of dishwasher operating flow rates for the 
tested product instead of a blanket range of one to five gallons per 
minute.'' (AHAM No. 33 at 7) Following the October 22nd public hearing, 
OOE submitted a comment endorsing this change. (OOE No. 36 at 4) The 
Department recognizes that the revised specification has the potential 
to reduce the testing burden for manufacturers or private labelers 
because the flow meter would only need to meet the specification of a 
maximum error of 1.5 percent at the test flow rate. Because it is 
irrelevant how the flow meter operates at flow rates outside of the 
testing range, manufacturers or private labelers would no longer be 
required to ensure a maximum error of 1.5 percent at flow rates outside 
of the test range. The Department believes this revision retains the 
original testing accuracy while potentially reducing instrumentation 
costs. Therefore, DOE has made this change in section 3.3 of the test 
procedure.
Reduce 140 [deg]F Tolerance from +/-5 [deg]F to +/-2 [deg]F
    Section 2.3.2 of the existing test procedure requires a tolerance 
of plus or minus 2 [deg]F for maintaining the water supply temperature 
when testing with 120 [deg]F inlet water temperature. Section 2.3.1 
requires plus or minus 5 [deg]F when testing with 140 [deg]F inlet 
water temperature. Because water temperature is an important factor in 
calculating energy consumption, AHAM proposed that the tolerance at 140 
[deg]F be reduced to plus or minus 2 [deg]F as well. (AHAM No. 33 at 7) 
This change narrows the testing band and thereby reduces variability in 
the test procedure. Because of this, and because industry suggested the 
change and does not view it as a test burden, DOE is incorporating the 
change into section 2.3.1 of this final rule.
Revise Format of Measurement Descriptions of Machine Electrical Energy 
Consumption and Water Consumption
    The measurement instructions presented in sections 4.2 and 4.3 of 
the September 2002 NOPR contained some minor inconsistencies regarding 
the placement order of machine electrical energy consumption, ``M'', 
and water consumption, ``W''. With some minor rewording, the Department 
has improved the clarity of the instructions and the consistency of the 
format. These editorial modifications improve the description of the 
measurements without changing any test procedure requirements.

G. Effective Date of New Test Procedure

    In the interest of making the new test procedure effective and 
available for use as soon as possible, Whirlpool, AHAM, OOE, and CEE 
recommended that the new rule take effect 30 days after publication of 
the rule. (Whirlpool No. 34 at 2; AHAM No. 33 at 6; OOE No. 36 at 4; 
CEE No. 35 at 1) Because the new test procedure will enable 
manufacturers or private labelers to test soil-sensing machines with 
greater accuracy, DOE agrees with this comment and has adopted a 30-day 
effective date to facilitate accuracy in testing and labeling. Thus, as 
early as 30 days after this final rule is published in the Federal 
Register, a manufacturer, distributor, retailer, or private labeler may 
begin using the new test procedure to make representations with respect 
to the energy use, efficiency, or cost of energy consumed by a 
dishwasher model. As noted above, effective 180 days after this final 
rule is published in the Federal Register, no manufacturer, 
distributor, retailer, or private labeler may make any representation 
with respect to the energy use, efficiency, or cost of energy consumed 
by a dishwasher model, unless the dishwasher has been tested in 
accordance with the new DOE test procedure and the representation 
fairly discloses the results of that testing.

H. Reporting Requirements

    In the September 2002 NOPR, DOE requested comments regarding the 
possibility that the Department would at some future time ``require 
manufacturers to produce reports concerning the testing of soil-sensing 
models pursuant to the amended test procedure.'' (67 FR 56238-56239) 
AHAM commented that the requirement of additional reports would be 
``misguided,'' believing that present reporting requirements adequately 
communicate energy usage of residential dishwashers. (AHAM No. 33 at 4) 
It commented that existing penalties would continue to deter incorrect 
reporting, and did not support new reporting requirements that would 
increase the complexity of, or the effort for, reporting energy usage. 
(AHAM No. 33 at 4) Whirlpool reiterated that it would not want to have 
to create additional documentation other than modifications to 
documents that it was already submitting. (Public Hearing Tr. p. 199)
    The Department agrees that current reporting requirements do appear 
to cover the information necessary for conveying the energy usage of 
both non-soil-sensing and soil-sensing machines and will not require 
additional reports to DOE at this time. Although this final rule 
requires that the EAOC and EAEU must be calculated to include standby 
power, it does not require these figures be submitted to the DOE as 
part of a certification report. At the October 22 public hearing, there 
were no objections to calculating the EAEU in addition to the EAOC that 
manufacturers or private labelers already calculate. Manufacturers or 
private labelers should maintain their test records, including the EAOC 
and EAEU, as part of their permanent appliance files on each dishwasher 
model.
    This final rule clarifies one change in a reporting requirement. 
The December 18, 2001, final rule (66 FR 65097) changed the definitions 
of compact and standard dishwashers, making place-setting capacity the 
determining factor instead of the width of the dishwasher. That final 
rule, however, did not eliminate the existing requirement in section 
430.62(a)(4)(vi) to report the width of a dishwasher to DOE in 
certification reports. Because the width measurement no longer 
determines whether a dishwasher is a compact or standard model, DOE is 
not requiring manufacturers or private labelers to measure and report 
it. Instead, they

[[Page 51896]]

must report in their certification reports whether a dishwasher is a 
compact or standard model, determined according to the number of ANSI/
AHAM DW-1 place settings it will hold at one time. (Section 
430.62(a)(4)(vi)) This is a conforming change in light of the 2001 
final rule.

I. Determination of Non-Compliant Models

    Recognizing that the proposed new test procedure would alter the 
energy factors for soil-sensing models, the Department requested in the 
September 2002 NOPR that manufacturers or private labelers provide the 
Department with information on whether soil-sensing models that 
minimally comply with energy conservation standards when tested under 
the current test procedure would comply with the standards using the 
proposed new test procedure. AHAM submitted a written comment that one 
of the proposed changes in the test procedure would affect compliance 
for some dishwasher models: The proposal to change the test voltage 
from 115 volts to 120 volts. (67 FR 56243) If that change were made, 
AHAM stated that a significant number of units would no longer comply 
with the current energy conservation standards, since the 120 volts 
requirement would affect energy consumption by between three and five 
percent. However, if the test voltage were to remain at 115 volts, AHAM 
stated that it was not aware of any units that would fall out of 
compliance with the applicable energy conservation standards by using 
the proposed new test procedure. (AHAM No. 33 at 8) This issue was 
discussed at the October 22 public hearing, and the manufacturers 
agreed that aside from changing the voltage, the new test procedure 
would not create any compliance issues. AHAM commented at the public 
hearing, ``We feel very confident that our response represents the 
entire industry in saying that there are not products that would 
approach minimal compliance from a soil sensor standpoint.'' (Public 
Hearing Tr. p. 115) When DOE asked the stakeholders at the hearing to 
confirm the Department's understanding that there are no soil-sensing 
models that are minimally compliant with the existing standard or that 
would fall out of compliance once the new test procedure is used, AHAM 
responded, ``correct.'' (Public Hearing Tr. p. 115)
    Since DOE has decided to maintain the test voltage at 115V and the 
comments and information DOE received demonstrate there are no 
dishwasher models that ``minimally comply'' with the energy 
conservation standards using the existing test procedure and that would 
fall out of compliance once the new test procedure is used, the 
Department is not required by EPCA section 323(e)(2) to make any 
changes to energy conservation standards at this time. The Department 
has therefore determined that although today's amended test procedure 
will alter the measured efficiency or measured energy use of some 
dishwasher models, it is not necessary to test models with the new test 
procedure or to consider or make any modifications to energy 
conservation standards.

J. Comments Outside the Scope of This Rulemaking

    The previous sections of this Supplementary Information discussed 
comments concerning issues which directly affect this rulemaking. Many 
comments submitted to DOE in this proceeding, however, made suggestions 
which fell outside the scope and authority of this rulemaking, but 
raised interesting questions for the future. For example, although 
stakeholders reached a general consensus that the Department is using 
the best available data and information to determine the weighted soil 
loads at this time, Consumers Union (CU) and OOE questioned the process 
by which DOE would update that data in the future, if consumer pre-
rinsing habits change. (CU No. 27 at 1; OOE No. 36 at 4) Because pre-
rinsing consumes significant amounts of water, and overall a household 
uses less energy if dishes are not pre-rinsed before they are placed in 
a dishwasher, it is possible and desirable that consumer pre-rinsing 
habits will decrease over time. For example, CU expressed concern about 
the high percentage weighting which the light soil load receives in the 
test procedure and felt that the energy efficiency standard should also 
encourage the most efficient use patterns possible, rather than reflect 
the current widespread practice of pre-rinsing dishes. It urged the 
Department to establish a specific goal for improving consumer 
behavior, and to include in the rulemaking a system for making periodic 
adjustments to the weighting factors. It recommended that DOE conduct a 
survey of consumer rinsing practices at least every four years, 
beginning in 2006. (CU No. 27 at 1) However, AHAM stated that based on 
industry experience, customer usage habits do not change quickly. It 
commented that the dishwasher industry has lobbied consumers for years 
to reduce or eliminate pre-rinsing with little success, as the number 
of pre-rinsers has consistently hovered around two-thirds. AHAM 
believes that pre-rinsing practices and the associated soil levels 
going into the dishwasher are likely to remain stable for a long period 
of time. (AHAM No. 30FF at 6) The Department recognizes the importance 
of accurate consumer use data and urges stakeholders to inform DOE of 
any new information or studies. Interested parties can petition the 
Department to amend the test procedure when changes in consumer 
practices justify it. (42 U.S.C. 6293(b)(2))
    General Electric (GE) requested that the ENERGY STAR[reg] 
requirements stay at the current levels after the new test procedure 
takes effect. (GE No. 30EE at 1) Although the ENERGY STAR program is 
outside the scope of this test procedure rulemaking, the issue was 
discussed at the October 22nd public hearing. A DOE representative of 
the ENERGY STAR program explained that currently, the ENERGY STAR level 
for dishwashers is set at a level 25 percent higher (more efficient) 
than the minimum Federal energy efficiency standard. Recognizing that 
this rulemaking concerns test procedures and not energy efficiency 
standards, the DOE representative stated that ENERGY STAR levels would 
be revised only if the new test procedure also resulted in changes to 
the applicable energy conservation standards. As discussed above, no 
changes in applicable energy conservation standards are necessitated or 
are being made at this time. As far as standby energy was concerned, 
the DOE representative indicated that the ENERGY STAR program is also 
interested in how test results with the new test procedure come in, and 
how that would play into any future ENERGY STAR criteria. (Public 
Hearing Tr. p. 74-75)
    Representatives of Energy Efficient Strategies and the Australian 
Greenhouse Office together submitted extensive comments addressing 
components of the dishwasher test procedure and broader issues 
concerning the U.S. testing and labeling program for appliances. Their 
comments addressed the following: Requiring both non-soil-sensing and 
soil-sensing dishwashers to use the soil test; the importance of 
assessing wash performance along with energy consumption to prevent the 
subversion of the test; incorporating the use of a reference machine 
with which to compare test results; measuring the energy of low power 
modes in addition to standby; and following the IEC test procedure as 
much as possible. They believed the dishwasher test procedure as 
proposed in the September 2002

[[Page 51897]]

NOPR would be too complex and prohibitively expensive from the 
manufacturers' perspective. Rather than relying on unquantifiable 
consumer behavior to set three different test levels, they stated that 
it would be better to use an arbitrarily selected soil load such as the 
IEC soil load of dishes that would provide a realistic basis for 
testing all dishwashers--an artificial but fair rating point for 
comparing products. (Australia No. 37 at 5)
    These comments touch on many important questions. However, DOE 
rejects these suggestions. The rule DOE has decided to finalize today 
has received extensive scrutiny from U.S. manufacturers and 
stakeholders and earned significant consensus support. The commenters 
have not demonstrated that DOE's proposed test procedure is too complex 
or expensive; in fact, stakeholder consensus in support of the new test 
procedure and other modifications demonstrates otherwise. DOE further 
believes that the best empirical data available to it supports DOE's 
final rule. Finally the issue of coupling an assessment of wash 
performance with energy consumption testing is outside the scope of the 
Department's current appliance testing program and outside the scope of 
this rulemaking.

K. Implementation and Effect of New Test Procedure

    Today's final rule will produce a more accurate and complete 
picture of dishwasher energy consumption by providing two test 
procedures according to dishwasher type. Manufacturers or private 
labelers first determine whether a dishwasher is a soil-sensing or non-
soil-sensing model according to the definitions in sections 1.12 and 
1.5 of the rule, and then follow instructions specific to that type of 
model. They must test soil-sensing dishwashers using a three-level, 
soil-based test which will yield an energy factor that is based on a 
range of challenges to the machines' automatic sensing systems. For 
non-soil-sensing dishwashers, manufacturers or private labelers still 
will use the original test procedure with clean dishes to determine the 
energy factor as the average of the test results from the normal and 
truncated normal cycles. In addition, manufacturers or private labelers 
must calculate the standby power consumption for any dishwasher using 
energy in standby mode and add that figure to the EAOC and EAEU totals, 
but not to the energy factor.
    The test procedure for soil-sensing dishwashers requires 
manufacturers or private labelers to use ANSI/AHAM DW-1 to specify the 
size and composition of the place settings and the quantities and types 
of soils which they must apply to the dishes for the series of three 
soil tests: Heavy, medium and light. This final rule specifies in 
section 2.7 of the test procedure the type of dishware for 
manufacturers or private labelers to use, and in section 2.8 requires 
only half the detergent used in the ANSI/AHAM DW-1 performance test and 
no rinse agent. After they run a preconditioning cycle (section 2.10), 
the test procedure for standard size dishwasher models requires 
manufacturers or private labelers to conduct the following three tests 
in this order: First, the test for a dishwasher's heavy response, using 
four soiled place settings; second, the test for the medium response, 
using two soiled place settings; and third, the test for the light 
response, using one half the soil load for a single place setting. 
(Section 2.6.3) Tests of compact models follow the same order, but 
reduce the soiled loads for the heavy and medium tests by half. The 
light soil load is the same as for standard models. During each of the 
three test runs, the test procedure requires manufacturers or private 
labelers to calculate the machine energy consumption, drying energy 
consumption, water consumption, and water energy consumption. For soil-
sensing dishwashers, the energy factor will combine the results of the 
three tests, averaged with the following weighted percentages which 
represent the frequency of those consumer loads: 0.05 for the heavy 
response, 0.33 for the medium response, and 0.62 for the light 
response. (Sections 5.1.2 and 5.2.2)
    The test procedure defines standby mode and details the equipment 
and method for calculating standby energy consumption. (Section 4.4) 
Two options are available for measuring standby energy consumption, 
depending on whether the power is stable. If the stability criteria in 
section 4.4 are met, manufacturers or private labelers can measure the 
standby power directly using a wattmeter. If the standby power 
consumption is not stable, that is, there is excessive variation in the 
power levels, then the manufacturers or private labelers must measure 
the power consumption using a watt-hour meter over a period of at least 
five minutes. Then they calculate the average standby power by dividing 
the value measured using the watt-hour meter by measurement period. 
These changes provide the means to obtain a quantitative value for the 
level of standby power which the dishwasher consumes. Manufacturers or 
private labelers must add this standby power amount to the machine and 
water energy computed for the normal cycle and representative normal 
cycle for soil-sensing models, and include those amounts in the EAOC 
and EAEU.
    By combining standby power consumption with the energy consumed by 
the wash cycle, this test procedure will calculate information that 
will provide consumers with more realistic and accurate estimates of 
the complete operating cost and energy use of each dishwasher. With the 
soil test, soil-sensing dishwashers have a test procedure that 
challenges the cycle responses which the sensing technology controls. 
It will provide a better approximation of the actual energy consumption 
of soil-sensing models as consumers use them than did the original test 
which used clean dishes and did not engage the action of the soil-
sensing mechanisms to take a dishwasher beyond the lightest wash 
cycles.

III. Procedural Requirements

A. Review Under the National Environmental Policy Act of 1969

    In this rule, the Department finalizes amendments to test 
procedures that are used to implement energy conservation standards for 
dishwashers. The Department has reviewed the 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, and the Department's regulations for compliance with NEPA, 10 CFR 
part 1021. 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 this rule is covered by 
Categorical Exclusion A5, for rulemakings that interpret or amend an 
existing rule without changing its 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''

    Today's final rule 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, today's action 
is not subject to review under the Executive

[[Page 51898]]

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 final rule is not a significant regulatory action, nor will 
it have a significant adverse effect on the supply, distribution, or 
use of energy. Therefore, today's final rule 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 every 
rule which the agency must propose for public comment, by law, unless 
the agency certifies that the rule, if promulgated, will not have a 
significant economic impact on a substantial number of small entities. 
A regulatory flexibility analysis examines the impact of the rule on 
small entities and considers alternative ways of reducing negative 
impacts. 5 U.S.C. 605.
    Today's rule prescribes test procedures that will be used to test 
compliance with energy conservation standards and labeling. Because the 
rule affects only test procedures and not the minimum energy efficiency 
standard levels for dishwasher models, the Department believes that it 
will not have a significant economic impact. Instead, it will provide 
common testing methods for all dishwasher manufacturers or private 
labelers, and will improve the accuracy of information provided to 
consumers. The overall size of the dishwasher manufacturing industry 
also negates the necessity for a regulatory flexibility analysis. The 
Small Business Administration (SBA) considers an entity to be a small 
business if, together with its affiliates, it employs fewer than a 
threshold number of workers specified in 13 CFR part 121 according to 
the North American Industry Classification System (NAICS) codes. The 
threshold number for NAICS classification 335228, which includes 
dishwashers with other major household appliances, is 500 workers. 
Using this SBA size standard, the Department determined that there are 
very few small entities among dishwasher manufacturers or private 
labelers. Furthermore, two such companies identified as small do not 
manufacture or distribute any dishwasher models that would be affected 
by the new test procedure. Because the companies presently have no 
models using soil-sensing technology or standby power, their testing 
requirements would not change as a result of this rule. Therefore, DOE 
certifies that today's 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 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 under Executive Order 12630, ``Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights,'' (52 FR 8859, March 18, 1988), that this rule will 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 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 final rule under the standards of section 3 of 
the Executive Order and determined that, to the extent permitted by 
law, the final 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

[[Page 51899]]

1977. (15 U.S.C. 788). Section 32 provides in essence that, where a 
rule contains or involves use of commercial standards, the rulemaking 
must inform the public of the use and background of such standards.
    The September 2002 NOPR proposed a new test procedure for soil-
sensing dishwashers. This test procedure incorporated a commercial 
standard (i.e., ANSI/AHAM DW-1-1992) that previously had been 
incorporated into the test procedure applicable to dishwashers 
generally, and therefore the public already had been informed about the 
use and background of that standard and DOE already had performed any 
consultation required prior to its incorporation into a test procedure. 
The September 2002 NOPR also proposed incorporating an August 20, 1999 
addendum to ANSI/AHAM DW-1-1992, and therefore DOE stated that as 
required by section 32 of the Federal Energy Administration Act of 
1974, it would consult with the Attorney General and the Chairman of 
the Federal Trade Commission concerning its impact on competition, 
prior to prescribing a final rule. (67 FR 56240) This addendum 
specified the kind of test load (dishware and flatware) to be used in 
the test procedure. However, so that the test procedure will use the 
most up to date specifications for currently available dishware and 
flatware, the Department has decided not to incorporate this addendum 
in its test procedure. Instead, the Department is listing the specified 
dishware and flatware in the text of the test procedure as set forth in 
this final rule. Because the final rule does not incorporate by 
reference any new industry standards, the Department is not required by 
section 32(c) to consult with the Attorney General and the Chairman of 
the Federal Trade Commission concerning the impact on competition of 
any such new standards. Therefore, the Department has not done so.

J. Review Under the Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to assess the effects of Federal 
regulatory actions on State, local, and tribal governments and the 
private sector. The Act also requires a Federal agency to develop an 
effective process to permit timely input by elected officers of State, 
local, and tribal governments on a proposed ``significant 
intergovernmental mandate,'' and requires an agency plan for giving 
notice and opportunity for timely input to potentially affected small 
governments before establishing any requirements that might 
significantly or uniquely affect small governments. On March 18, 1997, 
DOE published a statement of policy on its process for 
intergovernmental consultation under the Act (62 FR 12820). The rule 
published today does not contain any Federal mandate, so these 
requirements do not apply.

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 final 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.

L. Review Under the Treasury and General Government Appropriations Act, 
2001

    The Treasury and General Government Appropriations Act, 2001 (44 
U.S.C. 3516, note) provides for agencies to review most disseminations 
of information to the public under guidelines established by each 
agency pursuant to general guidelines issued by OMB. OMB's guidelines 
were published at 67 FR 8452 (February 22, 2002), and DOE's guidelines 
were published at 67 FR 62446 (October 7, 2002). The Department has 
reviewed today's notice under the OMB and DOE guidelines, and has 
concluded that it is consistent with applicable policies in those 
guidelines.

M. Congressional Notification

    As required by 5 U.S.C. 801, DOE will submit to Congress a report 
regarding the issuance of today's final rule prior to the effective 
date set forth at the outset of this notice. The report will state that 
it has been determined that the rule is not a ``major rule'' as defined 
by 6 U.S.C. 801(2).

N. Approval by the Office of the Secretary

    The Secretary of Energy has approved issuance of this final rule.

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 25, 2003.
David K. Garman,
Assistant Secretary, Energy Efficiency and Renewable Energy.

0
For the reasons set forth in the preamble, the Department amends part 
430 of chapter II of title 10, Code of Federal Regulations, to read as 
follows:

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

0
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.


0
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,'' hereinafter referred to as ANSI/AHAM DW-1.
* * * * *

0
3. Section 430.23 of subpart B is amended by revising paragraph (c) to 
read as follows:
* * * * *
    (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 = (DexS) + ( DexNx(M-(ED/2))).

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

EAOC = (DexS) + ( DexNxM)

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 5.6 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

[[Page 51900]]

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 drying energy consumption defined as energy 
consumed using the power-dry feature after the termination of the last 
rinse option of the normal cycle and determined according to section 
5.2 of appendix C to this subpart.

    (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 = (DexS) + (DexNx(M-(ED/2)))+ 
(DexNxW)

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

EAOC = (DexS) + (DexNxM)+ (DexNxW)

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 5.4 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 = (DexS) + (DexNx(M-
(ED/2)))+ (DgxNxWg)

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

9EAOCg = (DexS) + (DexNxM)+ 
(DgxNxWg)
Where,

De, S, N, M, and ED are defined in paragraph 
(c)(1)(i) of this section,
Dg = the representative average unit cost of gas or oil, as 
appropriate, in dollars per Btu, 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 5.5 of appendix 
C to this subpart.

    (2) The energy factor for dishwashers, EF, expressed in cycles per 
kilowatt-hour 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)xN+S
Where,

M, ED, N 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)xN+S

Where,

M, N 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.
* * * * *

0
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

    The provisions of this Appendix C shall apply to products 
manufactured after September 29, 2003. The restriction on 
representations concerning energy use or efficiency in 42 U.S.C. 
6293(c)(2) shall apply on February 25, 2004.

1. Definitions

    1.1 ``AHAM'' means the Association of Home Appliance 
Manufacturers.
    1.2 ``Compact dishwasher'' means a dishwasher that has a 
capacity of less than eight place settings plus six serving pieces 
as specified in ANSI/AHAM DW-1 (see Sec.  430.22), using the test 
load specified in section 2.7 of this Appendix.
    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 response'' means, for standard dishwashers, 
the set of operations in a soil-sensing dishwasher for completely 
washing a load of dishes, four place settings of which are soiled 
according to ANSI/AHAM DW-1 (Incorporated by reference, see Sec.  
430.22). For compact dishwashers, this definition is the same, 
except that two soiled place settings are used instead of four.
    1.10 ``Sensor light response'' means, for both standard and 
compact dishwashers, the set of operations in a soil-sensing 
dishwasher 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 ANSI/AHAM 
DW-1 (Incorporated by reference, see Sec.  430.22).
    1.11 ``Sensor medium response'' means, for standard dishwashers, 
the set of operations in a soil-sensing dishwasher for completely 
washing a load of dishes, two place settings of which are soiled 
according to ANSI/AHAM DW-1 (Incorporated by reference, see Sec.  
430.22). 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 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 ANSI/AHAM DW-1 (Incorporated by 
reference, see Sec.  430.22), using the test load specified in 
section 2.7 of this Appendix.
    1.14 ``Standby mode'' means the lowest power consumption mode 
which cannot be switched off or influenced by the user and

[[Page 51901]]

that may persist for an indefinite time when the dishwasher is 
connected to the main electricity supply and used in accordance with 
the manufacturer's instructions.
    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 response'' means the sensor heavy 
response interrupted to eliminate the power-dry feature after the 
termination of the last rinse operation.
    1.17 ``Truncated sensor light response'' means the sensor light 
response interrupted to eliminate the power-dry feature after the 
termination of the last rinse operation.
    1.18 ``Truncated sensor medium response'' means the sensor 
medium response interrupted to eliminate the power-dry feature after 
the termination of the last rinse operation.
    1.19 ``Water-heating dishwasher'' means a dishwasher which, as 
recommended by the manufacturer, is designed for heating cold inlet 
water (nominal 50 [deg]F) or designed for heating water with a 
nominal inlet temperature of 120 [deg]F. Any dishwasher designated 
as water-heating (50 [deg]F or 120 [deg]F inlet water) must provide 
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.
    2.2 Electrical energy supply.
    2.2.1 Dishwashers that operate with an electrical supply of 115 
volts. Maintain the electrical supply to the dishwasher at 115 volts 
+/- 2 percent and within 1 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 percent and within 1 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[deg] 
+/- 2 [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[deg] 
+/- 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[deg] 
+/- 2 [deg]F.
    2.4 Water pressure. Using a water pressure gauge as specified in 
section 3.4 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[deg] +/- 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 and truncated 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 section 2.7 of this 
Appendix. 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 tested first for the sensor heavy response, then tested for 
the sensor medium response, and finally for the sensor light 
response with the following combinations of soiled and clean test 
loads.
    2.6.3.1 For tests of the sensor heavy response, as defined in 
section 1.9 of this Appendix:
    (A) For standard dishwashers, the test unit is to be loaded with 
a total of eight place settings plus six serving pieces as specified 
in section 2.7 of this Appendix. Four of the eight place settings 
must be soiled according to ANSI/AHAM DW-1 (Incorporated by 
reference, see Sec.  430.22) 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 place settings plus six serving pieces as specified in section 
2.7 of this Appendix. Two of the four place settings must be soiled 
according to ANSI/AHAM DW-1 (Incorporated by reference, see Sec.  
430.22) while the remaining place settings, serving pieces, and all 
flatware are not soiled.
    2.6.3.2 For tests of the sensor medium response, as defined in 
section 1.11 of this Appendix:
    (A) For standard dishwashers, the test unit is to be loaded with 
a total of eight place settings plus six serving pieces as specified 
in section 2.7 of this Appendix. Two of the eight place settings 
must be soiled according to ANSI/AHAM DW-1 (Incorporated by 
reference, see Sec.  430.22) 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 place settings plus six serving pieces as specified in section 
2.7 of this Appendix. One of the four place settings must be soiled 
according to ANSI/AHAM DW-1 (Incorporated by reference, see Sec.  
430.22) while the remaining place settings, serving pieces and all 
flatware are not soiled.
    2.6.3.3 For tests of the sensor light response, as defined in 
section 1.10 of this Appendix:
    (A) For standard dishwashers, the test unit is to be loaded with 
a total of eight place settings plus six serving pieces as specified 
in section 2.7 of this Appendix. One of the eight place settings 
must be soiled with half of the soil load specified for a single 
place setting according to ANSI/AHAM DW-1 (Incorporated by 
reference, see Sec.  430.22) 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 place settings plus six serving pieces as specified in section 
2.7 of this Appendix. One of the four place settings must be soiled 
with half of the soil load specified for a single place setting 
according to the ANSI/AHAM DW-1 (Incorporated by reference, see 
Sec.  430.22) while the remaining place settings, serving pieces, 
and all flatware are not soiled.
    2.7 Test Load.

----------------------------------------------------------------------------------------------------------------
 Dishware/glassware/flatware                                                                          Alternate
             item               Primary source     Description      Primary No.   Alternate source   source No.
----------------------------------------------------------------------------------------------------------------
Dinner Plate.................  Corning           10 inch Dinner   6003893
                                Comcor[reg]/      Plate.
                                Corelle[reg].
Bread and Butter Plate.......  Corning           6.75 inch Bread  6003887         Arzberg.........    8500217100
                                Comcor[reg]/      & Butter.
                                Corelle[reg].
Fruit Bowl...................  Corning           10 oz. Dessert   6003899         Arzberg.........    3820513100
                                Comcor[reg]/      Bowl.
                                Corelle[reg].
Cup..........................  Corning           8 oz. Ceramic    6014162         Arzberg.........    3824732100
                                Comcor[reg]/      Cup.
                                Corelle[reg].
Saucer.......................  Corning           6 inch Saucer..  6010972         Arzberg.........    3824731100
                                Comcor[reg]/
                                Corelle[reg].
Serving Bowl.................  Corning           1 qt. Serving    6003911
                                Comcor[reg]/      Bowl.
                                Corelle[reg].
Platter......................  Corning           9.5 inch Oval    6011655
                                Comcor[reg]/      Platter.
                                Corelle[reg].
Glass-Iced Tea...............  Libbey..........  ...............  551 HT
Flatware--Knife..............  Oneida[reg]--Acc  ...............  2619KPVF
                                ent.
Flatware--Dinner Fork........  Oneida[reg]--Acc  ...............  2619FRSF
                                ent.
Flatware--Salad Fork.........  Oneida[reg]--Acc  ...............  2619FSLF
                                ent.
Flatware--Teaspoon...........  Oneida[reg]--Acc  ...............  2619STSF
                                ent.
Flatware--Serving Fork.......  Oneida[reg]--Fli  ...............  2865FCM
                                ght.

[[Page 51902]]

 
Flatware--Serving Spoon......  Oneida[reg]--Acc  ...............  2619STBF
                                ent.
----------------------------------------------------------------------------------------------------------------

    2.8 Detergent. Use half the quantity of detergent specified 
according to ANSI/AHAM DW-1 (Incorporated by reference, see Sec.  
430.22).
    2.9 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 as 
defined in section 1.19 of this Appendix.
    2.10 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.
    3.3 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 of the measured flow rate for all water temperatures 
encountered in the test cycle.
    3.4 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.
    3.5 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.
    3.6 Standby wattmeter. The standby wattmeter must have a 
resolution of 0.1 watt or less, a maximum error of no more than 1 
percent of the measured value, and must be capable of operating 
within the stated tolerances for input voltages up to 5 percent 
total harmonic distortion. The standby wattmeter must be capable of 
operating at frequencies from 47 hertz through 63 hertz. Power 
measurements must have a crest factor of 3 or more at currents of 2 
amps RMS or less.
    3.7 Standby watt-hour meter. The standby watt-hour meter must 
meet all the requirements of the standby wattmeter and must 
accumulate watt-hours at a minimum power level of 20 milliwatts.

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 machine 
electrical energy consumption, M, expressed as the number of 
kilowatt-hours of electricity consumed by the machine during the 
entire test 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 3.5 of this Appendix.
    4.3 Water consumption. Measure the water consumption, V, 
expressed as the number of gallons of water delivered to the machine 
during the entire test cycle, using a water meter as specified in 
section 3.3 of this Appendix.
    4.4 Standby power. Connect the dishwasher to a standby wattmeter 
or a standby watt-hour meter as specified in sections 3.6 and 3.7, 
respectively, of this Appendix. 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 at least 5 minutes. Then monitor the 
power consumption for at least an additional 5 minutes. If the power 
level does not change by more than 5 percent from the maximum 
observed value during the later 5 minutes and there is no cyclic or 
pulsing behavior of the load, the load can be considered stable. For 
stable operation, standby power, Sm, can be recorded 
directly from the standby watt meter in watts or accumulated using 
the standby watt-hour meter over a period of at least 5 minutes. For 
unstable operation, the energy must be accumulated using the standby 
watt-hour meter over a period of at least 5 minutes and must capture 
the energy use over one or more complete cycles. Calculate the 
average standby power, Sm, expressed in watts by dividing 
the accumulated energy consumption by the duration of the 
measurement period.

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 = (MhrxFhr) + 
(MmrxFmr) + (MlrxFlr)

where,

Mhr = the value recorded in section 4.2 of this Appendix 
for the test of the sensor heavy response, expressed in kilowatt-
hours per cycle,
Mmr = the value recorded in section 4.2 of this Appendix 
for the test of the sensor medium response, expressed in kilowatt-
hours per cycle,
Mlr = the value recorded in section 4.2 of this Appendix 
for the test of the sensor light response, expressed in kilowatt-
hours per cycle,
Fhr = the weighting factor based on consumer use of heavy 
response = 0.05,
Fmr = the weighting factor based on consumer use of 
medium response = 0.33,
Flr = the weighting factor based on consumer use of light 
response = 0.62.

    5.2 Drying energy.
    5.2.1 Drying energy consumption for non-soil-sensing electric 
dishwashers. Calculate the amount of energy consumed using the 
power-dry feature after the termination of the last rinse option of 
the normal cycle. Express the value, ED, in kilowatt-
hours per cycle.
    5.2.2 Drying energy consumption for soil-sensing electric 
dishwashers. The drying energy consumption, ED, for the 
sensor normal cycle is defined as:

ED = (EDhr + EDmr + 
EDlr)/3

Where,

EDhr = energy consumed using the power-dry feature after 
the termination of the last rinse option of the sensor heavy 
response, expressed in kilowatt-hours per cycle,
EDmr = energy consumed using the power-dry feature after 
the termination of the last rinse option of the sensor medium 
response, expressed in kilowatt-hours per cycle,
EDlr = energy consumed using the power-dry feature after 
the termination of the last rinse option of the sensor light 
response, expressed in kilowatt-hours per cycle.

    5.3 Water consumption.
    5.3.1 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.
    5.3.2 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 = (VhrxFhr) + 
(VmrxFmr) + (VlrxFlr)

Where,

Vhr = the value recorded in section 4.3 of this Appendix 
for the test of the sensor heavy response, expressed in gallons per 
cycle,
Vmr = the value recorded in section 4.3 of this Appendix 
for the test of the sensor medium response, expressed in gallons per 
cycle,
Vlr = the value recorded in section 4.3 of this Appendix 
for the test of the sensor light response, expressed in gallons per 
cycle,
Fhr = the weighting factor based on consumer use of heavy 
response = 0.05,
Fmr = the weighting factor based on consumer use of 
medium response = 0.33,
Flr = the weighting factor based on consumer use of light 
response = 0.62.


[[Page 51903]]


    5.4 Water energy consumption for non-soil-sensing or soil-
sensing dishwashers using electrically heated water.
    5.4.1 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 = VxTxK

Where,

V = water consumption in gallons per cycle, as determined in section 
5.3.1 of this Appendix,
T = nominal water heater temperature rise = 90 [deg]F,
K = specific heat of water in kilowatt-hours per gallon per degree 
Fahrenheit = 0.0024.

    5.4.2 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 = VxTxK

Where,

V = water consumption in gallons per cycle, as determined in section 
5.3.1 of this Appendix,
T = nominal water heater temperature rise = 70 [deg]F,
K = specific heat of water in kilowatt-hours per gallon per degree 
Fahrenheit = 0.0024.

    5.5 Water energy consumption per cycle using gas-heated or oil-
heated water.
    5.5.1 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 = VxTxC/e

Where,
V = reported water consumption in gallons per cycle, as determined 
in section 5.3.2 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.
    5.5.2 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 = VxTxC/e

Where,

V = reported water consumption in gallons per cycle, as determined 
in section 5.3.2 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.

    5.6 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-(NxL).

Where,

H = the total number of hours per year = 8766 hours per year,
N = the representative average dishwasher use of 215 cycles per 
year,
L = the average of the duration of the normal cycle and truncated 
normal cycle, for non-soil-sensing dishwashers with a truncated 
normal cycle; the duration of the normal cycle, for non-soil-sensing 
dishwashers without a truncated normal cycle; the average duration 
of the sensor light response, truncated sensor light response, 
sensor medium response, truncated sensor medium response, sensor 
heavy response, and truncated sensor heavy response, for soil-
sensing dishwashers with a truncated cycle option; the average 
duration of the sensor light response, sensor medium response, and 
sensor heavy response, for soil-sensing dishwashers without a 
truncated cycle option.
    Then calculate the estimated annual standby power use, S, 
expressed in kilowatt-hours per year and defined as:

S = Smx((Hs)/1000)

Where,

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


0
5. Section 430.32 of subpart C is amended by revising paragraph (f) to 
read as follows:


Sec.  430.32  Energy and water conservation standards and effective 
dates.

* * * * *
    (f) Dishwashers. The energy factor of dishwashers manufactured on 
or after May 14, 1994, must not be less than:

------------------------------------------------------------------------
                                                          Energy factor
                     Product class                         (cycles/kWh)
------------------------------------------------------------------------
(1) Compact Dishwasher (capacity less than eight place              0.62
 settings plus six serving pieces as specified in ANSI/
 AHAM DW-1 [Incorporated by reference, see Sec.
 430.22] using the test load specified in section 2.7
 of Appendix C in subpart B)...........................
(2) Standard Dishwasher (capacity equal to or greater               0.46
 than eight place settings plus six serving pieces as
 specified in ANSI/AHAM DW-1 [Incorporated by
 Reference, see Sec.   430.22] using the test load
 specified in section 2.7 of Appendix C in subpart B)..
------------------------------------------------------------------------

* * * * *

0
6. Section 430.62 is amended in subpart F by revising paragraph 
(a)(4)(vi) to read as follows:


Sec.  430.62   Submission of data.

    (a) * * *
    (4) * * *
    (vi) Dishwashers, the energy factor expressed in cycles per 
kilowatt-hour.
* * * * *
[FR Doc. 03-22120 Filed 8-28-03; 8:45 am]
BILLING CODE 6450-01-P