EE-RM-TP-99-500 COMMENT 13

Rules and Regulations 

This section of the FEDERAL REGISTER 

contains regulatory documents having general 

'applicability and legal effect. most of which 

are keyed to and codified in the Code of 

Federal Regulations, which is published under 

50 titles pursuant to 44 U.S.C. 1510. 

The Code of Federal Regulations is sold by 

the Superintendent of Documents. Prices of 

new books are listed in the first FEDERAL 

REGISTER issue of each week. 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

10 CFR Part 430 

[Docket No. EE-RMITP-99-5001 

RIN 1904-AB04 

Energy Conservation Program for 

Consumer Products: Test Procedure 

for Dishwashers 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Final rule. 

SUMMARY: The Department of Energy 

(We, DOE, or the Department) today 

amends its test procedure for 

dishwashers. This amendment revises 

the number of cycles per year used for 

calculating the estimated annual 

operating cost, changes the definitions 

of compact and standard models, and 

modifies some of the testing 

specifications to improve testing 

repeatability. These amendments to the 

test procedure do not alter the minimum 

energy conservation standards currently 

in effect for dishwashers. 

EFFECTIVE DATES: This rule is effective' 

June 17, 2002. The incorporation by 

reference of certain publications listed 

in this rule is approved by the Director 

ofthe Federal Register as oOune 17, 

2002, 

ADDRESSES: You can read copies of all 

materials related to this rulemaking in 

the Freedom of Information Reading 

Room (Room lE-190) at the U.S. 

Department of Energy, Forrestal 

Building, 1000 Independence Avenue, 

SW., Washington, DC 20585, between 

the hours of9 a.m. and 4 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTH~ INFORMA1l0N CONTACT: 

Barbara Twigg, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, EE-41 , 1000 

Independence Avenue, SW, 

Washington, DC 20585-0121, (202) 586-

8714, email: barbara.twigg@ee.doe.gov; 

or Eugene Margolis, Esq., U.S. 

Department of Energy, Office of General 

Counsel, GC-n, 1000 Independence 

Avenue, SW., Washington, DC 20585, 

(202)586-9507, email: 

eugene.margolis@hq.doe.gov. 

SUPPLEMENrARY INFORMATIO~ This final 

rule incorporates, by reference, the 

"American National Standard, 

Household Electric Dishwashers, ANSI! 

AHAlytDW-1-1992" published by the 

Association of Home Appliance 

Manufacturers (AHAM). You may 

obtain copies of the referenced standard 

AHAM DW-1 from the Association of 

Home Appliance Manufacturers, 1111 

19th Street, NW., Suite 402, 

Washington, DC 20036, (202) 872-5955. 

Information regarding this rulemaking is 

also available on the Office of Codes and 

Standards web site at the following 

address: http://www.eren.doe.gov/ 

buildings!codes _ standards/index.htm. 

1. Introduction 

A. Authority 

B. Background 

C. Summary of the Test Procedure 

Revisions 

II. Discussion 

A. General Discussion 

B. Changes in Consumer PracticesRepresentative Average Dishwasher Usa 

C. Improving Testing Repeatability 

D. New Definitions for Compact and 

Standard Models 

1lI. Procedural Requirements 

A. Review Under the National 

Environmental Policy Act of 1969 

B. Review Under Executive Order 12866, 

"Regulatory Planning and Review" 

C. Review Under the Regulatory Flexibility 

Act 

D. "Takings" Assessment Review 

E. Review Under Executive Order 13132, 

"Federalism" 

F. Review Under the Paperwork Reduction 

Act 

G. Review Under Executive Order 12988, 

"Civil Justice Reform" 

H. Review Under the Unfunded Mandates 

Reform Act of 1995 

1. Review Under the Treasury and General 

Government Appropriations Act, 1999 

J. Review Under Executive Order 13211 

K. Congressional Notification 

I. Introduction 

A. Authority 

Part B of Title III of the Energy Policy 

and Conservation Act, as amended 

(EPCA or Act), establishes the Energy 

Federal Register 

Vol. 66, No. 243 

4f13 

65091 

Tuesday, December 18, 2001 

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. 

Under the Act, the Program consists 

of three part .. : testing, labeling, and the 

Federal energy conservation standards. 

The Department, in consultation with 

the National Institute of Standards and 

Technology (NIST), must amend or establish test procedures as appropriate 

for each of the covered products. 

Section 323 of EPCA, 42 U.S.C. 6293. 

The purpose of the test procedures is to 

measure energy efficiency, energy use, 

or estimated annual operating cost of a 

covered product during a representative 

average use cycle or period of use. The 

test procedure must not be unduly 

burdensome to conduct. Section 

323(b)(3) of EPCA, 42 U.S.C. 6293(b)(3). 

If a test procedure is amended, DOE 

is required to determine to what extent, 

if any, the new test procedure would 

alter the measured energy efficiency or 

measured energy use of any covered 

product as determined under the 

existing test procedure. If DOE 

determines that an amended test 

procedure would alter the measured 

efficiency or measured energy use of a 

covered product, DOE is required to 

amend the applicable energy 

conservation standard accordingly. In 

determining the amended energy 

conservation standard, DOE is required 

to measure the energy efficiency or 

energy use of a representative sample of 

covered products that minimally 

comply with the existing standard. The 

average efficiency of these 

representative samples, tested using the 

amended test procedure, constitutes the 

amended standard. Section 323(e)(1) of 

EPCA, 42 U.S.C. 6293(e}(1). DOE has 

determined that today's amended test 

procedure does not alter the measured 

efficiency or measured energy use of 

dishwashers. 

Beginning 180 days after a test 

procedure for a product is prescribed, 

no manufacturer, distributor, retailer, or 

private laheler may make 

representations with respect to the 

energy use, efficiency, or cost of energy 

consumed by such products, except as 

reflected in tests conducted according to 

the DOE procedure. Section 323(c)(2) of 

EPCA, 42 U.S.C. 6293(c)(2). 
EE-RM-TP-99-500 COMMENT 13

65092 Federal Register/Vol. 66, No. 243/Tuesday, December 18, 2001/Rules and Regulations 

B. Background 

On September 28, 1999, the 

Department published a Notice of 

Proposed Rulemaking (proposed rule) 

(64 FR 52248) that proposed a new test 

procedure for residential dishwashers. 

The key technological development that 

triggered the need for revision was the 

introduction of adaptive control or soilsensing models. Industry and 

government tests indicated that the 

existing test method using only clean 

dishes did not produce results that 

would accurately reflect the energy 

consumed by these machines in a real 

use environment. The"Association of 

Home Appliance Manufacturers 

(AHAM) proposed a new approach for 

testing the soil-sensing models using a 

formula to weight and average the 

energy consumption of the minimum 

and maximum sensor normal cycles. We 

adapted that method and presented it 

for comment in the September 28, 1999, 

proposed rule, along with several other 

issues such as the definitions for 

compact and standard models, a 

revision in the average number of times 

dishwashers are used each year, and 

some new specifications for improving 

testing repeatability. We held a public 

workshop on November 2,1999, to 

discuss the proposed changes, with 

p'articular focus on the new method for 

testing soil-sensing or adaptive control 

models. 

However, because ofthe questions 

raised at the workshop and the need 

expressed by industry to gather 

additional data and explore alternatives 

to the proposed method for testing soilsensing models, we reopened the . 

comment period and extended the 

deadline for comments to February 14, 

2000. Again, comments raised problems 

with the proposed method. Stakeholders 

questioned the data supporting the 

selection ofthe percentages used to 

reflect the relative amount of soil 

encountered by soil-sensing 

dishwashers in typical loads. (Natural 

Resources Defense Council (NRDC), No. 

4 at 2, and Schleede, No.8 at 3). Others 

cited insufficient knowledge as to how 

different machines would actually react 

to varying soil loads, that is, what length 

cycle would be triggered under different 

wash conditions. (Oregon Office of 

Energy (OOE), No.9 at 1). One 

manufacturer commented that the 

original AHAM method did not do an 

adequate job of reflecting the 

performance of their machines' 

pressure-based, soil-sensing technology. 

(Whirlpool, No.6 at 6). 

AHAM concluded that because of 

significant changes and variations in 

soil-sensing technology, it was 

premature to publish a new test method 

for those models at this time. AHAM 

cited the need for additional study by 

industry before their members could 

propose a new test procedure which 

would accurately test the response and 

performance of machines using a variety 

of soil-sensing technologies. They 

suggested that we divide the rulemaking 

into two parts with the following course 

of action: first, we should proceed to 

finalize the proposed modifications to 

improve testing reliability, revise the 

definitions for compact and standard 

models, and update the number of use 

cycles per year to reflect current 

consumer use patterns. However, 

AHAM recommended that we should 

wait to publish a new, comprehensive 

method for testing soil-sensing models 

until industry completed additional 

testing and proposed a new test 

procedure. (AHAM No. 12 at 8). 

Following these comments, DOE 

further investigated the variety of soilsensing technologies in the market. We 

determined that additional data and 

research were required before an 

adequate test procedure for all soilsensing models could be devised. As a 

result, we agreed that it was premature 

to finalize a rulemaking for those 

models at this time. We also agreed that 

we should not wait to finalize the other 

proposed changes-the testing 

speCifications, the definitions for 

compact and standard models, and the 

reduction in the average number of use 

cycles per year. These changes are needed to improve the reliability ofthe 

current test procedure, and to update 

the inputs for calculating the estimated 

operating cost of all models. Therefore, 

we are deferring the proposal of a new 

method for testing soil-sensing 

machines until NIST, industry, and 

other stakeholders complete the studies 

necessary for enacting a definitive test 

procedure. This final rule substantially 

retains the original test procedure, but 

adds new testing specifications, 

definitions, and a new number for 

average use cycles per year. We will 

continue to work with industry after 

this final rulemaking is enacted to 

develop a test procedure that accurately 

reflects the cycle performance of the 

variety oftechnologies used by soilsensing machines. We anticipate that 

the final rule addressing soil-sensing 

dishwashers will be completed in 2003. 

C. SummaI}' of the Test Procedure 

Revisions 

The following are the major revisions 

to the dishwasher test procedure 

included in this final rule: 

1. Update the test procedure to r~f1ect 

changes in consumer practices: 

• Reduce the representative average 

number of use cycles per year to 264; 

and 

• Base the definitions of compact and 

standard dishwashers on place-setting 

capacity. 

2. Improve testing repeatability: • Tighten the tolerance for ambient 

temperature; • Add more detail to test chamber 

installation reqUirements.; and 

• Add an instruction for 

manufacturers to run a conditioning 

cycle prior to the test. 

II. Discussion 

A. General Discussion 

While this final rule retains many of 

the improvements to the test procedure 

for measuring the energy use of 

dishwashers presented in the September 

28, 1999, proposed rule, it also includes 

important changes. Most significantly, 

we are withdrawing the new method 

described in the proposed rule for 

testing adaptive control dishwashers. 

We are retaining the original method 

currently in effect for testing 

conventional and adaptive control 

dishwashers until we adopt, with the 

assistance of the dishwasher industry 

and other stakeholders, a new test 

method that will accurately test 

machines using a variety of sensor 

technologies. Manufacturers of soilsensing machines will continue to 

record the energy consumption ofthose 

models by measuring the energy used 

when the dishwasher runs the specified 

load of clean dishes through the normal 

cycle. 

Although the Department recognizes 

the importance of determining a test 

method which will accurately reflect the 

energy performance of soil-sensing 

models under realHfe conditions, it 

became clear from all comments 

submitted during the Notice of Proposed 

Rulemaking process that additional 

research was necessary. Both industry 

and environmental advocates shared 

concerns that there was insufficient 

understanding of how the machines 

performed under "typical" soil 

conditions, and what those "typical" 

soil conditions actually were. The 

Natural Resources Defense Council 

(NRDC), for example, urged the 

Department not to "make changes in the 

test procedure unless they are supported 

by data." (NRDC No.4 at 1). AHAM 

stressed that "there have been 

significant changes in technology with 

regard to soil-sensing dishwashers and 

there is still additional information 

needed on the usage of these units." 

(AHAM No. 12 at 8). 

The Department at first considered 

adopting an interim strategy for 
EE-RM-TP-99-500 COMMENT 13

Federal Register/Vol. 66, No. 243 I Tuesday, December 18, 2001/Rules and Regulations 65093 

improving, at least partially, the 

accuracy of the energy factors derived 

from tests of soil-sensing models using 

only clean dishes. One proposal was 

imposing a maximum cap on the energy 

factor that could be claimed from using 

the conventional test method. However, 

the lack of reliable, statistical 

information in this area was one issue 

of significant concern during the 

workshop and comment periods: how to 

ascertain, with accuracy, the typical soil 

load, and then understand how a variety 

of soil-sensing models will function in 

response to that load. Therefore, rather 

than focusing time, resources, and 

research on an interim proposal, we 

decided to concentrate on the 

development of a permanent test 

method. We have underway, for 

example, a research project to evaluate 

available information on consumer 

behavior regarding the soil levels of 

typical dishwasher loads. This study 

will assess the validity and adequacy of 

existing consumer behavior data, and 

suggest a means of relating the different 

consumer usage patterns with amounts 

and characteristics of food soils. This 

information will point the direction 

toward translating that average soil load 

into a repeatable test load for testing 

dishwashers with adaptive controls and 

soil sensors. It appears that using a repeatable soil load may be the only 

solution for accurately testing the 

energy and water consumftion of a variety of adaptive contro dishwashers. 

Although tliere are several existing 

soil tests for dishwashers, both national 

(such as the AHAM DW-l} and 

international, none of these currently 

satisfy our requirements for designing a normal test that is representative of the 

average soil load introduced by consumers. Since these methods test for 

both cleaning performance and energy 

consumption, they feature a very 

challenging soil load designed to be an extreme test of the dishwasher. 

However, it may be possible to use a 

reduced number of soiled dishes from 

one or a combination of these methods 

to represent normal soiling, recognizing 

the importance oftest repeatability and 

the need to minimize test burden. We 

are exploring this possibility in 

conjunction with consumer use data 

and expect to present for comment a new test method for soil-sensing 

dishwashers in a proposed rule to be 

issued in 2002. 

B. Changes in Consumer ProcticesRepresentative Average Dishwasher Use 

In 1983, DOE amended the 

dishwasher test procedure to reduce the 

representative average use from 416 

cycles per year to 322 cycles per year 

o 

o 

based on Proctor and Gamble (P&G) 

surveys of consumer use conducted 

prior to 1982. For this rulemaking, in 

looking for more recent data, the 

Department learned from industry that 

the Soap and Detergent Association 

(SDA) was now the source to be 

contacted for survey data obtained by 

detergent manufacturers. By averaging 

the SDA data for available years 

between 1985 and 1995, as discussed in 

the proposed rule, we calculated 264 as the average number of dishwasher use 

cycles per year. There were some issues raised at the 

public workshop regarding the SDA 

data. Energy Market & Policy Analysis 

(Schleede) asked about the statistical 

validity of the survey. (Schleede, 

Transcript at 19). The Oregon Office of 

Energy asked as to whether the survey 

considered such issues as family size. 

(DOE, Transcript at 23). Northwest 

Power Planning Council (NPPC) asked 

about household income and sample 

size of the data. (NPPC, Transcript at 

29). At the workshop, NIST provided 

additional information regarding the 

detergent manufacturers' survey 

method, stating, "The data below comes from our study contacting national1y 

representative panelists from the 

standpoint of geography, family size, 

age of homemaker, gender, income, and 

employment status. The data are obtained through an independent, 

outside research organization. This 

survey is run annually and has a base 

size of 1,500 to 1,800 respondents." 

AHAM commented that the SDA d~ta 

should be considered as an unbiased source of information because "the: 

manufacturers of dishwasher deter.ent 

have, if you will, a vested interest in 

making sure that the data is absolutely as accurate as they can do because they 

use it for inventory tracking, and to 

them it is extremely important to know 

exactly how much dishwasher detergent 

is going to be used." (AHAM, Transcript 

at 28). The Department believes the SDA 

data is the best there is regarding 

dishwasher usage in that it is hasen on the detergent industry'S needs. ' 

AHAM agreed with the Department's 

decision to use 264 cycles per year as the average figure for dishwasher use. (AHAM, Transcript at 21). Stephens 

thought the number could be higher 

because of an upswing in the SDA data 

for 1995-1996 and believed the data 

might extrapolate to a Pacific Northwest 

region 1998-1999 survey which 

tabulated 281 cycles per year. Stephens 

recommended that we wait for 1997-

1998 detergent manufacturer data. 

(ODE, No.9 at 2). Energy Market & 

Policy Analysis thought the 264 number 

was too high citing ElA's November 

1999 Residential Energy Consumption 

Survey as a source for consumer use data. (Schleede, No. 10 at 1). He stated 

that "Data in the recently released EIA 

report indicates that your (DOE's) 

estimate of 264 "cycles" is excessive 

and that the correct number is 

approximately 220 cycles (or less)." 

(Schleede, No. 10 at 2). 

The Department notes that survey 

data on the annual usage of dishwashers 

are likely to vary from year to year. 

Rather than base its number on any 

particular one year, the Department 

prefers to take an average over several 

years in order to smooth out year to year 

variations. Regarding the use of the EIA 

data, NIST reviewed the EIA report 

which had surveyed 8,000 respondents 

nationwide and collected data on how 

often households use automatic 

dishwashers in an average week. The 

data, however, do not present a firm, 

clear figure for the number of 

dishwasher cycles per year because of 

the way.the information was collected. 

In the report, the data are provided in 

bands categorizing dishwasher use per 

week along with the percentage of 

responses for each band (less than 4 

times per week, 4 to 6 times per week, 

and at least once per day). In order to use the EIA data, DOE somehow would 

have to annualize the data or abandon 

the existing methodology. Neither the 

EIA data nor the option of abandoning 

the existing methodology were within 

the scope of the proposed rule. Rather 

than reopening the comment period or reproposing the rule for public 

comment, DOE has decided to continue 

studying the EIA data with a view 

toward possibly including it in the 

forthcoming notice of proposed 

rulemaking that would cover a test 

procedure for adaptive control models. 

In DOE's view, there is ample support 

in the record for the proposed figure of 

264 cycles per year, and the 

improvement in accuracy that might come from use of the EIA data is not 

worth the delay in bringing this 

rulemaking to a conclusion. 

C. Improving Testing Repeatability 

In the proposed rule, the Department 

discussed several changes to clarify the 

existing test procedure and improve its 

repeatability when multiple tests are 

conducted. Although the manufacturers 

agreed that such changes as tightening 

the tolerances for ambient temperature 

testing would improve reproducibility, 

they expressed concern over one item: 

the new definition for "truncated 

normal cycle." AHAM stated that 

changing the word "interrupted" to 

"preset" would unnecessarily increase 

test burden by requiring additional test 
EE-RM-TP-99-500 COMMENT 13

65094 Federal Register/Vol. 66, No. 243/Tuesday, December 18, 2001/Rules and Regulations 

runs. Many manufacturers were 

measuring the energy consumption at 

the end of the wash cycle, before the 

power dry, and recording that value as 

the machine energy consumption for the 

truncated normal cycle. The cycle was not terminated. The machine then was 

allowed to complete the power dry, and 

the energy consumption was measured 

and recorded as the value ofthe 

machine energy consumption for the 

normal cycle. The current test 

procedure (sections 2.6.1 and 2.6.2) 

calls for the user to average the water 

consumption for the normal and 

truncated normal cycles. However, the 

proposal in the proposed rule (section 

1.10) called for a separate test cycle to 

be run for the truncated normal cycle in 

order to measure the amount of energy 

consumed during the air dry portion of 

the cycle. In the public hearing 

discussions the manufacturers claimed 

that the energy consumed during the air 

dry sequence was negligible, regardless 

of whether the action was to open a vent 

mechanical1y and let drying occur by 

natural convection, or whether 

mechanical drying was used to assist 

the air dry. After tests by NIST 

confirmed the claim that the energy 

consumption during the air dry 

sequence was indeed negligible, DOE 

concluded that a separate cycle need not 

be run. Under this final rule, 

manufacturers may continue to extract 

the normal and truncated normal energy 

consumption from a single test run. Thus, the original definition will be 

retained and reads: "Truncated Normal 

Cycle" means the normal cycle 

interrupted to eliminate the power-dry 

feature after the termination of the last 

rinse operation. 

D. New Definitions for Compact and 

Standard Models 

As discussed in the proposed rule, we 

are changing the definitions for 

determining compact and standard 

models. The new definitions of 

"compact dishwasher" and "standard 

dishwasher" use place-setting capacity 

instead ofthe measurement ofthe width 

of the unit. 

ill. Procedural Requirements 

A. Review Under the National 

Environmental Policy Act of 1969 

In this rule, the Department finalizes 

amendments to test procedures that may 

be used to implement future energy 

conservation standards for dishwashers. 

The Department has determined that 

this rule faHs into a class of actions that are categorically excluded from review 

under the National Environmental 

Policy Act of 1969 (NEPAl, 42 U.S.C. 

o 

o 

4321 et seq. The rule is covered by 

Categorical Exclusion A5, for 

rulemakings that interpret or amend an 

existing rule without changing the 

environmental effect, as set forth in the 

Department's NEP A regulations in 

appendix A to subpart D, 10 CFR part 

1021. This final rule will not affect the 

quality or distribution of energy usage 

and, therefore, will not result in any 

environmental impacts. Accordingly, 

neither an environmental impact 

statement nor an environmental 

assessment is required. 

B. Review Under Executive Order 12866, 

"Regulatory Planning and Review" 

Today's final rule is not a "significant 

regulatory action" under 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 

Order by the Office of Information and 

Regulatory Affairs. 

C. Review Under the Regulatory 

Flexibility Act 

The Regulatory Flexibility Act, 5 

U.S.C. 601-612, requires that an agency 

prepare an initial regulatory flexibility 

analysis for any rule, for which a 

general notice of proposed rulemaking 

is required, that would have a 

significant economic effect on small 

entities unless the agency certifies that 

the proposed rule, if promulgated, will 

not have a significant economic impact 

on a substantial number of small 

entities. 5 U.S.C. 605. 

Today's rule prescribes test 

procedures that will be used to test 

compliance with energy conservation 

standards. The rule affects dishwasher 

test procedures and would not have a 

Significant economic impact, but rather 

would provide common testing 

methods. 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. 

D. "Takings" Assessment Review 

DOE has determined pursuant to 

Executive Order 12630, "Governmental 

Actions and Interference with 

Constitutionally Protected Property 

Rights," 53 FR 8859 (March 18, 1988), 

that this regulation would not result in 

any takings which might require 

compensation under the Fifth 

Amendment to the United States 

Constitution. 

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 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. 

G. Review Under Executive Order 

12988, "Civil Justice Reform" 

With respect to the review of existing 

regulations and the promulgation of new regulations, section 3(a} of 

Executive Order 12988, "Civil Justice 

Reform," 61 FR 4729 (February 7, 1996), 

imposes on Executive agencies the 

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 prdmote simplification 

and burden reduction. With regard to 

the review required by sections 3(a) and 

3(b) of Executive Order 12988, it 

specifically requires that Executive 

agencies 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 Executive Order 12988 requires 

Executive agencies to review regulations 

in light of applicable standards in 
EE-RM-TP-99-500 COMMENT 13

Federal Register/Vol. 66, No. 243/Tuesday, December 18. 2001/Rules and Regulations 65095 

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 relevant standards. 

H. Review Under the Unfunded 

Mandates Reform Act of 1995 

Section 202 of the Unfunded 

Mandates Reform Act of 1995 

("Unfunded Mandates Act") requires 

that the Department prepare a budgetary 

impact statement before promulgating a 

rule that includes a Federal mandate 

that may result in expenditure by state, 

local, and tribal governments, in the 

aggregate. or by the private sector, of 

$100 million or more in anyone year. 

The budgetary impact statement must 

include: (i) Identification of the Federal 

law under which the rule is 

promulgated; (ii) a qualitative and 

quantitative assessment of anticipated 

costs and benefits of the Federal 

mandate and an analysis of the extent to 

which such costs to state. local. and 

tribal governments may be paid with 

Federal financial assistance; (iii) if 

feasible, estimates of the future 

compliance costs and of any 

disproportionate budgetary effects the 

mandate has on particular regions, 

communities, non-Federal units of 

government, or sectors of the economy; 

(iv) if feasible, estimates of the effect on 

the national economy; and (v) a 

description of the Department's prior 

consultation with elected 

representatives of state, local. and tribal 

governments and a summary and 

evaluation of the comments and 

concerns presented. 

The Department has determined that 

the action today does not include a 

Federal mandate that may result in 

estimated costs of $100 million or more 

to State. local or to tribal governments 

in the aggregate or to the private sector. 

Therefore, the requirements of Sections 

203 and 204 of the Unfunded Mandates 

Act do not apply to this action. 

I. 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. 

J. Review Under Executive Order 13211 

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 the Office of 

Information and Regulatory Affairs 

(OIRA). Office of Management and 

Budget, 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 

DIRA 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 will not have a 

significant adverse effect on the supply, 

distribution, or the use of energy, and, 

therefore, is not a significant energy 

action. Accordingly, DOE has not 

prepared a Statement of Energy Effects. 

K. 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 5 U.S.C. 801(2). 

List of Subjects in 10 CFR Part 430 

Administrative practice and 

procedure, Energy conservation, 

Household appliances, Incorporation by 

reference. 

Issued in Washington, DC. on December 

12.2001. 

David K. Garman, 

Assistant Secretary. Energy Efficiency and 

Renewable Energy. 

For the reasons set forth in the 

preamble, part 430 of Chapter II of Title 

10, Code of Federal Regulations. is 

amended. as set forth below. 

PART 43O-ENERGY CONSERVATION 

PROGRAM FOR CONSUMER 

PRODUCTS 

1. The authority citation for part 430 

continues to read as follows: 

Authority: 42 U.S.C. 6291-6309; 28 U.S.G. 

2461 note. 

2. Section 430.22 is amended in 

Subpart B by revising paragraph (b)(l) 

introductory text and adding paragraph 

(b)(7) to read as follows: 

§430.22 Reference Sources. 

* * * * * 

(bl * * * (1) American National 

Standards Institute (ANSij. The ANSI 

standards listed in this paragraph may 

be obtained from the American National 

Standards Institute. 25 W. 43rd Street. 

4th Floor, New York, NY 10036, (212) 

642-4900. 

* * * * * 

(7) Association of Home Appliance 

Manufacturers. 111119th Street, NW" 

Suite 402. Washington, DC 20036. (202) 

872-5955, "American National 

Standard, Household Electric 

Dishwashers, ANSI/AHAM DW-l1992." 

* * * * * 

3. Section 430.23 of subpart B is 

amended by revising the section 

heading, and paragraph (c) to read as 

follows: 

§430.23 Test procedures for the 

measurement of energy and water 

consumption. 

* * * * * 

(c) Dishwashers. (I) 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°F) is used, 

(A) For dishwashers having a 

truncated normal cycle as defined in 

section 1.9 of appendix C to this 

subpart, 

EAOC=N x Dc x (0.5 x (Mn+M.» 

(B) for dishwashers not having a 

truncated normal cycle. 

EAOC = N x Dc x Mn 

where. 

N = the representative average 

dishwasher use of 264 cycles per 

year, 

Dc = the representative average unit 

cost of electrical energy in dollars 

per kilowatt-hour as provided by 

the Secretary. 

Mn = the machine electrical energy 

consumption per-cycle for the 

normal cycle as defined in section 

1.5 of appendix C to this subpart. in 
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65096 Federal Register/Vol. 66, No. 243/Tuesday, December t8, 200t/Rules and Regulations 

kilowatt-hours and determined 

according to section 5.1 of appendix 

C to this subpart, 

M t = the machine electrical energy 

consumption per-cycle for the 

truncated normal cycle, in kilowatthours and determined according to 

section 5.t ofappendix C to this 

subpart. 

(ii) When electrically-heated water 

(120°F or 140°F) is used, 

(Al For dishwashers having a 

truncated normal cycle as dermed in 

section 1.9 of appendix C to this 

subpart, 

EAOC = N x Dc x (0.5 x (En+E,ll 

(Bl For dishwashers not having a 

truncated normal cycle, 

. EAOC = N xDcxEn x where, 

N and Dc are defined in paragraph 

(c)(l)(i) of this section, 

Ell = the total electrical energy 

consumption per-cycle for the 

normal cycle as defined in section 

1.5 of appendix C to this subpart, in 

kilowatt-hours and determined 

according to section 5.1 of appendix 

C to this subpart, 

E, = the total electrical energy 

consumption per-cycle for the 

truncated normal cycle, in kilowatthours and determined according to 

section 5.1 of appendix C to this 

subpart. 

(iii) When gas-heated or oil-heated 

water is used. 

(Al For dishwashers having a 

truncated normal cycle as defined in 

section 1.9 ofappendix C to this 

subpart. 

EAOC = N x ((De X O.5(Mn+Mtll+(Dw X 

0.5(Wn+W.))) 

(Bl For dishwashers not having a 

truncated normal cycle. 

EAOC = N x «Dc x Mn)+(Dw x Wn» 

where. 

N. Dc. Mn and Mt are defined in 

paragraph (c)(l)(il of this section, 

Dw = the representative average unit 

cost in dollars per Btu for gas or oil. 

as appropriate. as provided by the 

Secretary. 

Wn = the total water energy 

consumption per cycle for the 

normal cycle as dermed in section 

1.5 of appendix C to this subpart. in 

Btus and determined according to 

section 5.3 of appendix C to this 

subpart, 

W, = the total water energy 

consumption per cycle for the 

truncated normal cycle as defined 

in section 1.9 of appendix C to this 

subpart. in Btus and determined 

according to section 5.3 of appendix 

C to this subpart. 

o 

() 

(2) The energy factor for dishwashers. 

expressed in cycles per kilowatt-hour is 

defined as: (i) For dishwashers not having a 

truncated normal cycle, as the 

reciprocal of the total energy 

consumption per cycle (En) for the 

normal cycle in kilowatt-hours per 

cycle. determined according to section 

5.4 of appendix C to this subpart, and 

(ii) For dishwashers having a 

truncated normal cycle, as the 

reciprocal of one-half the sum of 

(Al The total energy consumption per 

cycle for the normal cycle (En). plus 

(B) The total energy consumption per 

cycle for the truncated normal cycle (E), 

each in kilowatt-hours per cycle and 

determined according to section 5.4 of 

appendix C to this subpart. 

(3) Other useful measures of energy 

consumption for dishwashers are those 

which the Secretary determines are 

likely to assist consumers in making 

purchasing decisions and which are 

derived from the application of 

appendix C to this subpart. 

4. Appendix C to Subpart B of Part 

430 is revised to read as follows: 

Appendix C to Subpart B of Part 430-

Unifonn Test Method for Measuring the 

Energy Consumption ofDishwasbers 

1. Definitions 

1.1 AHAMmeans the Association of 

Home Appliance Manufacturers. 

1.2 Compact dishwasher means a 

dishwasher that has a capacity less than eight 

place settings plus six serving pieces as 

specified in ANSIIAHAM Standard DW-1 

(see § 430.22). 

1.3 Cycle means a sequence of operations 

of a dishwasher which performs a complete 

dishwashing function. and may include 

variations or combinations of washing, 

rinsing. and drying. 

1.4 Cycle type means any complete 

sequence of operations capable of being 

preset on the dishwasher prior to the 

initiation of machine operation. 

1.5 Normal cycle means the cycle type 

recommended by the manufacturer for 

com,pletely washing a full load of normally 

soiled dishes including the power-dry 

feature. 

1.6 Power-dry feature means the 

introduction of electrically generated heat 

into the washing chamber for the purpose of 

improving the drying performance of the 

dishwasher. 

1.7 Preconditioning cycle means any 

cycle that includes a fill, circulation, and 

drain to ensure that the water lines and sump 

area ofthe pump are primed. 

1.B Standard dishwasher means a 

dishwasher that has a capacity equal to or 

greater than eight place settings plus six 

serving pieces as specified in ANSIi AHAM 

Standard DW-l (see §430.22). 

1.9 Truncated normal cycle means the 

normal cycle interrupted to eliminate the , 

power-dry feature after the termination of the 

last rinse operation. 

1.10 Water-heating dishwasher means a 

dishwasher which is designed for heating 

cold inlet water (nominal 50°F) or a 

dishwasher for which the manufacturer 

recommends operation with a nominal inlet 

water temperature of 120°F, and may operate 

at either of these inlet water temperatures by 

providing internal water heating to above 

120°F in at least one wash phase of the 

nonnal cycle. 

2. Testing Conditions 

2.1 Installation Requirements. Install the 

dishwasher according to the manufacturer's 

instructions. A standard or compact undercounter 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 supplyaf115 volts. Maintain the 

electrical supply to the dishwasher within 

two percent of 115 volts and within one 

percent of the nameplate frequency as 

specified by the manufacturer. 

2.2.2 Dishwashers that opemte with OIl 

electrical supply of 240 volts. Maintain the 

electrical supply to the dishwasher within 

two percent of 240 volts and within one 

percent of its nameplate frequency as 

specified by the manufacturer. 

2.3 Water temperature. Measure the 

temperature of the water supplied to the 

dishwasher using a temperature measuring 

device as specified in section 3.1 of this 

Appendix. 

2.3.1 Dishwashers to be tested at a 

nominal 140°F inlet water temperature. 

Maintain the water supply temperature at 

140 ± 5°F. 

2.3.2 Dishwashers to be tested at a 

nominal 120°F inlet water temperature. 

Maintain the water supply temperature at 

120 ± ZOF. 

2.3.3 Dishwashers to be tested at a 

nominal 50°F inlet water temperature. 

Maintain the water supply temperature at 50 

±2 OF. 

2.4 Water pressure. Using a water 

pressure gauge as specified in section 3.3 of 

this Appendix. maintain the pressure of the 

water supply at 35 ± 2.5 pounds per square 

inch gauge (psig). 

2.5 Ambient and machine temperature. 

Using a temperature measuring device as 

specified in section 3.1 of this Appendix, 

maintain the room ambient air temperature at 

75 ± 5 OF, and ensure that the dishwasher and 

the test load are at room ambient temperature 

at the start of each test cycle. 

2.6 Load. 

2.6.1 Dishwashers to be tested at a 

nominal inlet temperature of 140 OF. These 

units must be tested on the nonnal cycle 

without a test load. 

2.6.2 Dishwashers to be tested at a 

nominal inlet temperature of 50 OF or 120 OF. 

These units must be tested on the normal 

cycle with a test load of eight place settings 
EE-RM-TP-99-500 COMMENT 13

Federal Register/Vol. 66, No. 243 I Tuesday, December 18, Z001/Rules and Regulations 65097 

plus six: serving pieces, as specified in 

AHAM Standard DW-1. If the capacity of the 

dishwasher, as stated by the manufacturer, is 

less than eight place settings. then the test 

load must be the stated capacity. 

2.7 Testing requirements. Provisions in 

this appendix pertaining to dishwashers that 

operate with a nominal inlet temperature of 

50 OF or 120 OF apply only to water heating 

dishwashers. 

2.8 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 1.7 of this Appendix, 

without using a test load, and initiate the 

cycle. 

3. Instrumentation 

3.1 Temperature measuring device. The 

device' must have an error no greater than ± 

1 OF over the range being measured. 

3.2 Water meter. The water meter must 

have a resolution of no larger than 0.1 gallons 

and a maximum eITor no greater than 1.5 

percent for all water flow rates from one to 

five gallons per minute and for all water 

temperatures encountered in the test cycle. 

3.3 Water pressure gauge. The water 

pressure gauge· must have a resolution of one 

pound per square inch (psi) and must have 

an error no greater than 5 percent of any 

measured value over the range of 35 ± 2.5 

psig. 

3.4 Watt-hour meter. The watt-hour meter 

must have a resolution of no greater than 1 

watt-hour and a maximum error of no more 

than 1 percent of the measured value for any 

demand greater than 50 watts. 

4. Test Cycle and Measurements 

4.1 Test cycle. Perform a test cycle by 

establishing the testing conditions set forth in 

section 2 of this Appendix, setting the 

dishwasher to the cycle type to be tested. 

initiating the cycle. and allowing the cycle to 

proceed to completion. 

4.2 Machine electrical energy 

consumption. Measure the electrical energy 

consumed by the machine during the test 

cycle, M, expressed in kilowatt-hours per 

cycle. using a water supply temperature as 

set forth in section 2.3 of this Appendix and 

using a watt-hour meter as specified in 

section 3.4 of this Appendix. 

4.3 Water consumption. Measure the 

water consumption, V, specified as the 

number of gallons delivered to the 

dishwasher during the entire test cycle, using 

a water meter as specified in section 3.2 of 

this Appendix. 

4.4 Report values. You must report the 

electrical energy consumption and water 

consumption values for the machine, as 

measured. 

5. Calculation of derived results from test 

measurements 

5.1 Machine energy consumption for 

electric dishwashers. Use the value recorded 

in section 4.2 of this Appendix: as the percycle machine electrical energy 

consumption. Use the notation M" for a test 

of the normal cycle or M, for a test of the 

truncated normal cycle and express in 

kilowatt-hours per cycle. 

o 

o 

5.2 Water energy consumption for 

dishwashers using electrically heated water. 

Determine the water energy consumption 

according to sections 5.2.1 and 5.2.2 of this 

Appendix. Use the notation Wn for a test of 

the normal cycle or W, for a test of the 

truncated normal cycle, and express in 

kilowatt-hours per cycle. Note that 

electrically heated water was used. 

5.2.1 Dishwashers that operate with a nominaJ140 OF inlet water temperature, only. 

For each test cycle, calculate the water 

energy consumption, W, expressed in 

kilowatt-hours per cycle and defined as: 

W=VxTxK 

where, 

V = reported water consumption in gallons 

per cycle, as measured in section 4.3 of 

this Appendix. 

T = nominal water heater temperature 

rise = 90 OF, 

K = specific heat of water in kilowatt-hours 

per gallon per degree Fahrenheit = 0.0024. 

5.2.2 Dishwashers that operate with a 

nominal inlet water temperature of 120 OF. 

For each test cycle. calculate the water 

energy consumption. W, expressed in 

kilowatt-hours per cycle and defined as: 

W=VxTxK 

where, 

V = reported water consumption in gallons 

per cycle, as measured in section 4.3 of 

this Appendix, 

T = nominal water heater temperature 

rise = 70 OF, 

K = specific heat of water in kilowatt-hours 

per gallon per degree Fahrenheit = 0.0024. 

5.3 Water energy consumption per cycle 

using gas-heated or oil-heated water. 

Determine the water 8'llergy consumption for 

dishwashers according to sections 5.3.1 and 

5.3.2 of this Appendix. Use the notation Wn 

for a test of the normal cycle or W, for a test 

of the truncated normal cycle. and express in 

kilowatt-hours per cycle. Note that gasheated or oil-heated water was used. 

5.3.1 Dishwashers that operate with a nominal 140 .OF inlet water temperature, only. 

For each test cycle, calculate the water 

energy consumption using gas-heated or oilheated water, W, expressed in kilowatt-hours 

per cycle and defined as: 

W=VxTxK/e 

where, 

V = reported water consumption in gallons 

per cycle, as measured in section 4.3 of 

this Appendix, 

T = nominal water heater temperature 

rise = 90°F, 

K = specific heat of water in kilowatt-hours 

per gallon per degree Fahrenheit = 0.0024, 

e = nominal gas or oil water heater 

recovery efficiency = 0.75. 

5.3.2 Dishwashers that operate with a 

nominal inlet water temperature of 120 0 F. 

For each test cycle, calculate the water 

energy consumption using gas heated or oil 

heated water. W, expressed in kilowatt-bours 

per cycle and defined as: 

W=VxTxC/c 

where. 

V is measured in section 4.3 of this 

Appendix:, 

T = nominal water heater temperature 

rise = 70 OF, 

K = specific heat of water in kilowatt-hours 

per gallon per degree Fahr8'llheit = 0.0024. 

e = nominal gas or oil water heater 

recovery efficiency = 0.75. 

5.4 Total energy consumption per cycle. 

For each test cycle the total per-cycle energy 

consumption. E, is defined as the sum of the 

per-cycle machine electrical energy 

consumption. M, and the per-cyc1e water 

energy consumption, W, in kilowatt-hours 

per cycle. For the cycle type, M is calculated 

according to section 5.1 of this Appendix and 

W is calculated according to section 5.2 of 

this Appendix for electrically heated water, 

or according to section 5.3 for gas or oil 

heated water. Use the notation En for a test 

of the normal cycle or Et for a test of the 

truncated normal cycle, and express in 

kilowatt-hours per cycle. 

5. Section 430.32 of Subpart C is 

amended by revising paragraph (f) to 

read as follows: 

§ 430.32 Energy and water conservation 

standards and effective dates. 

* * * * * 

(fJ Dishwashers. The energy factor of 

dishwashers manufactured on or after 

May 14. 1994, must not be less than: 

Product class Energy factor 

(cycles/kWh) 

(1) Compact Dishwasher 

(capacity less than eight 

place settings plus six 

serving pieces as specified in ANSIIAHAM 

Standard DW-1 (see 

se.clion 430.22)) ........... . 

(2) Standard Dishwasher 

(capacity equal to or 

greater than eight place 

settings plus six serving 

pieces as specified in 

ANSIIAHAM Standard 

DW-1(see section 

430.22» ....................... .. 

* * * * * 

0.62 

0.46 

[FR Doc. 01-30980 Filed 12-17-01; 8:45 am] 

BILLING CODE 645O-G1-P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

Office of Federal Housing Enterprise 

Oversight 

12 CFR Part 1773 

R1N 255O-AA21 

Flood Insurance 

AGENCY: Office of Federal Housing 

Enterprise Oversight, HUD.