# 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 ofEnergy Efficiency and Renewable Energy, Department of Energy.

ACTION: Final rule.

SUMMARY: The Department ofEnergy (We, DOE, or the Department) today amends its test procedure for dishwashers. This amendment revises the number ofcycles per year used for calculating the estimated annual operating cost, changes the definitions ofcompact and standard models, and modifies some ofthe testing specifications to improvetesting 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 ofcertain publications listed in this rule is approved by the Director ofthe Federal Register as oOune 17, 2002,

ADDRESSES: You can read copies ofall materials related to this rulemaking in the Freedom ofInformation Reading Room (Room lE-190) at the U.S. Department ofEnergy, 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 ofEnergy 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 ofEnergy, Office ofGeneral 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, byreference, the "American National Standard, Household Electric Dishwashers, ANSI! AHAlytDW-1-1992" published bythe Association ofHome Appliance Manufacturers (AHAM). You may obtain copies ofthe 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 ofCodes and Standards web site atthe following address: 

### http://www.eren.doe.gov/ buildings!codes

_ standards/index.htm. 1. Introduction

A. Authority B. Background C. Summary ofthe 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 ofTitle III ofthe Energy Policy and Conservation Act, as amended (EPCA or Act), establishesthe 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 oftoday's final rule.

Underthe Act, the Program consists ofthree part

..: testing, labeling, and the Federal energy conservation standards. The Department, in consultation with the National Institute ofStandards and Technology (NIST), must amend or establish test procedures as appropriate for each ofthe covered products. Section 323 ofEPCA, 42 U.S.C. 6293. The purpose ofthetestprocedures is to

measure energy efficiency, energy use,

or estimated annual operating cost ofa covered product during a representative average use cycle or period ofuse. The
test procedure must notbe unduly burdensome to conduct. Section 323(b)(3) ofEPCA, 42 U.S.C. 6293(b)(3).

Ifa test procedure is amended, DOE is requiredto determine to what extent, ifany, the new test procedure would alterthe measured energy efficiency or measured energy use ofanycovered product as determined underthe existing test procedure. IfDOE determines that an amended test procedure would alter the measured efficiency ormeasured energy use ofa 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 ofa representative sample of covered products that minimally comply with the existing standard. The
average efficiency ofthese representative samples, tested using the amendedtest 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 ofenergy 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).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 ProposedRulemaking (proposed rule) (64 FR 52248) that proposed a new test procedure for residential dishwashers. The key technological developmentthat triggered the need for revision was the introduction ofadaptive control or soilsensing models. Industry and government tests indicated thatthe existing test methodusing only clean dishes did not produce results that would accurately reflect the energy consumed bythese 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 ofthe minimum and maximum sensor normal cycles. We adapted that method and presented it for comment in the September 28, 1999, proposedrule, along with several other issues such as the definitions for compact and standard models, a revision in the average number oftimes 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 onthe 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 usedto reflect the relative amount ofsoil encounteredby 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 wouldbe triggered under different washconditions. (Oregon Office of Energy (OOE), No.9 at 1). One manufacturer commentedthat the original AHAM method did not do an adequatejob ofreflecting the performance oftheir machines' pressure-based, soil-sensing technology. (Whirlpool, No.6 at 6).

AHAM concludedthatbecause of significant changes andvariations in soil-sensingtechnology, itwas premature to publish a newtest method for those models at this time. AHAM citedthe need for additional study by industry before theirmembers could
propose a new test procedure which would accurately test theresponse and performance ofmachines using a variety of soil-sensing technologies. They suggested that we divide therulemaking into two parts with the following course ofaction: first, we should proceedto finalize the proposed modifications to improvetesting reliability, revise the definitions for compact and standard models, and update the number ofuse cycles per year to reflect current

consumer use patterns. However, AHAM recommended that we should waitto publish a new, comprehensive method for testing soil-sensing models until industry completed additional testing and proposeda newtest procedure. (AHAM No. 12 at 8).

Following these comments, DOE further investigated the variety ofsoilsensing technologies in the market. We determinedthat additional data and research were requiredbefore 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 shouldnot wait to finalize the other proposed changes-thetesting speCifications, the definitions for compact and standard models, and the reduction in the average number ofuse cycles peryear. These changes are neededto improve thereliability ofthe
currenttest procedure, andto update the inputs for calculatingthe estimated operating cost ofall models. Therefore,

we are deferring the proposal ofa new methodfor 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 ofthe variety oftechnologies used by soilsensing machines. We anticipate that the final rule addressing soil-sensing dishwashers will 

### be completed in 2003.

C. SummaI}'ofthe 

### Test Procedure 

### Revisions

The following are the major revisions
to the dishwasher testprocedure included in this final rule:

1. Update the test procedure to**r~f1ect** changes inconsumer practices: • Reduce the representative average number ofusecycles per year to 264; and

• Base the definitions ofcompact and standard dishwashers onplace-setting capacity.

2. Improve testing repeatability:

• Tightenthe tolerance for ambient temperature;

• Add more detail to test chamber installation reqUirements.; and

• Add an instruction for manufacturers to run a conditioning cycle priorto the test.

II. Discussion



### A. General Discussion

While this final rule retains many of the improvements tothetest procedure for measuringthe energy use of dishwashers presented in the September 28, 1999, proposed rule, italso includes important changes. Most significantly,

we are withdrawingthe new method described in the proposedrule 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 ofthe dishwasher industry and other stakeholders, a newtest methodthat will accurately test machines using a variety ofsensor technologies. Manufacturers of soilsensingmachines will continueto record the energy consumption ofthose models by measuring the energy used when the dishwasher runs the specified load ofclean dishes through the normal cycle.

Although the Departmentrecognizes the importance ofdetermining a test methodwhich will accurately reflect the energy performance ofsoil-sensing models under realHfe conditions, it became clear from all comments submitted during the Notice ofProposed Rulemakingprocess that additional research was necessary. Both industry and environmental advocates shared

concerns that there was insufficient understanding ofhow the machines performed under "typical" soil conditions, and whatthose "typical" soil conditions actually were. The Natural Resources Defense Council (NRDC), for example, urged the Department notto "makechanges 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 ofthese units." (AHAM No. 12 at 8).

The Department atfirst considered adopting an interim strategy for

### Federal Register/Vol. 66, No. 243 

### ITuesday, December 18, 2001/Rules and Regulations 

### 65093

improving, at least partially, the accuracy ofthe energy factors derived from tests ofsoil-sensing models using only clean dishes. One proposal was imposing a maximum cap on the energy factor that couldbe claimed from using the conventional test method. However, the lack ofreliable, statistical information in this area was one issue of significant concern during the workshop and comment periods: how to ascertain, with accuracy, thetypical soil load, and then understand how a variety ofsoil-sensing models will function in responseto that load. Therefore, rather than focusing time, resources, and research on an interim proposal, we decided to concentrate on the development ofa permanenttest 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 ofrelating the different

consumer usage patterns with amounts and characteristics offood soils. This information will pointthe 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 ofa variety ofadaptive contro dishwashers.

Although tliere are several existing soil tests for dishwashers, both national (such as the AHAM DW-l} and international, none ofthese currently satisfy our requirements for designing a normal test that is representative ofthe 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 ofthe dishwasher. However, it maybe possible to use a reduced number ofsoiled dishes from

one or a combination ofthese methods
to represent normal soiling, recognizing the importance oftestrepeatability 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 ProcticesRepresentativeAverageDishwasher Use



### In 1983, DOE amended the dishwasher test procedureto reduce the representative average use from 416 cycles peryear to 322 cycles per year 

# o



# o based onProctor and Gamble (P&G) surveys ofconsumer use conducted priorto 1982. For this rulemaking, in looking for more recent data, the Department learned from industrythat 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 ofdishwasher use cycles peryear.

There were some issues raised atthe public workshop regarding the SDA data. Energy Market &Policy Analysis (Schleede) asked about the statistical validity ofthe survey. (Schleede, Transcript at 19). The Oregon Office of Energy asked as to whetherthe survey considered such issues as family size. (DOE, 

### Transcript at 23). Northwest Power Planning Council (NPPC) asked about household income and sample size ofthe data. (NPPC, Transcript at 29). At the workshop, NIST provided additional information regarding the detergent manufacturers' survey method, stating, "The data below comes from ourstudy contacting national1y representative panelists from the standpoint ofgeography, family size, age ofhomemaker, gender, income, and employment status. The data are obtained through an independent, outsideresearch organization. This survey is run annually and has a base size of 1,500 to 1,800 respondents." AHAM commented that theSDA**d~ta** 

### should be considered as anunbiased

source ofinformation because "the: manufacturers ofdishwasher deter.ent have, ifyou 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 importantto know exactly howmuch dishwasher detergent is going to be used." (AHAM, Transcript
at 28). The Departmentbelieves 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 peryear as the average figure for dishwasher use. (AHAM, Transcript at 21). Stephens thought the number couldbehigher because ofan upswing in the SDA data for 1995-1996 andbelieved 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 citingElA'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 thatyour (DOE's) estimate of264 "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 onthe annual usage ofdishwashers

are likely to vary from yearto year. Rather thanbase 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 ofthe 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 peryear because of the way.the information was collected. In thereport, the data are provided in bands categorizing dishwasheruse 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 orabandon the existing methodology. Neither the EIA data nor the option ofabandoning the existing methodology were within the scope ofthe proposed rule. Rather than reopening the comment period or reproposing the rule for public comment, DOE has decidedto continue studying the EIA data with a view toward possibly including it in the forthcoming notice ofproposed rulemaking that would cover a test procedure for adaptive control models. In DOE's view, there is ample support inthe record for the proposed figure of 264 cycles per year, and the improvement in accuracy that might

come from use ofthe EIA data is not worth the delay inbringing this rulemaking to a conclusion.



### C. Improving Testing Repeatability

In the proposed rule, theDepartment discussed several changes to clarify the existing test procedure and improve its repeatability when multipletests 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 changingthe word "interrupted"to "preset" would unnecessarily increase
testburden by requiring additionaltest

### 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 ofthe washcycle, 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 currenttest procedure (sections 2.6.1 and 2.6.2) calls for the userto average thewater 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 ofenergy consumed during the air dry 

### portion of the cycle. In the public hearing discussions the manufacturers claimed thatthe energy consumed during the air dry sequence was negligible, regardless ofwhether the action wasto open a vent mechanical1y and let drying occurby 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 berun. Underthis 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 interruptedto eliminate the power-dry feature after the termination ofthe last rinse operation.

D. 

### NewDefinitionsfor Compact and StandardModels

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 ofthe unit.

ill. ProceduralRequirements

A. 

### Review Under theNational EnvironmentalPolicyActof1969

In this rule, the Department finalizes amendments to test procedures thatmay be used to implement future energy conservation standards for dishwashers. TheDepartmenthas determined that this rule faHs into a class ofactions that

are categorically excluded from review underthe National Environmental Policy Act of 1969 (NEPAl, 42 U.S.C. 

# o



# o 4321 et 

### seq. The rule is coveredby Categorical Exclusion A5, for rulemakings that interpret or amend an existing rule without changing the environmental effect, as set forth in the Department's NEPA regulations in appendix A to subpartD, 10 CFR part 1021. This final rule will not affect the quality or distribution ofenergy usage and, therefore, will not result in any environmental impacts. Accordingly, neither anenvironmental impact
statement nor an environmental
assessment is required.



### B. Review UnderExecutive Order 12866, "Regulatory PlanningandReview"

Today's final rule is not a "significant regulatory action" underExecutive Order 12866, "Regulatory Planning and Review." 58 FR 

### 51735 (October 4,1993). Accordingly, today's action is not subject to review underthe Executive Orderbythe Office ofInformation and Regulatory Affairs.

C. 

### Review Under theRegulatory FlexibilityAct

The Regulatory Flexibility Act, 5 U.S.C. 601-612, requires that an agency prepare an initial regulatory flexibility analysis for anyrule, for which a general notice of

### proposedrulemaking is required, that would have a significant economic effect on small entities unless the agency certifies that the proposed rule, ifpromulgated, will
nothave a significant economic impact

on a substantialnumber of small entities. 5 U.S.C. 605.

Today's rule prescribes test procedures that will be usedto test compliance with energy conservation standards. Therule affects dishwasher
testprocedures and would nothave a Significant economic impact,butrather would provide common testing methods. Therefore DOE certifies that today's rule would not have a "significant economic impact on a substantial number ofsmall entities," andthe preparation ofa regulatory flexibility analysis is not warranted.

D. 

### "Takings"AssessmentReview

DOE has determinedpursuantto Executive Order 12630, "Governmental Actions and Interference with ConstitutionallyProtected Property Rights," 53 FR 8859 (March 18, 1988), that this regulation wouldnotresult in
anytakings which might require compensationunder 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 andthe States, or 

### in the distribution ofpower and responsibilities among various levels of Government. If

### there are substantial direct effects, then this Executive Order requires preparation ofa Federalism
assessmenttobe used in all decisions involved in promUlgating and implementing a policy action.

Therule publishedtoday would not regulate or otherwise affect the States. Accordingly, DOE has determinedthat preparation of

### a Federalism assessment is unnecessary.


### F. Review Under the Paperwork ReductionAct

No new information orrecord keeping requirements are imposed bythis rulemaking. Accordingly, no OMB clearance is required under the PaperworkReduction Act, 44 

### U.S.C.
3501 

### etseq.

G. 

### Review UnderExecutive Order 12988, "CivilJustice Reform"

Withrespect to the review ofexisting 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 

### regardto thereview requiredby sections 3(a) and 3(b) ofExecutive Order 12988, it 

### specifically requires thatExecutive agencies make every reasonable effort 

### to

ensure that the regulation: (1) Clearly specifies the preemptive effect, if

### any; (2) 

### clearly specifies anyeffect on existing Federal law or regulation; (3) provides a clearlegal standard for affected conduct while promoting simplification and burden reduction; (4) specifies the retroactive effect, ifany; (5) 

### adequately defines key terms; and (6) 

### addresses other important issues affecting clarity and general draftsmanship under any guidelines issued bythe Attorney General. Section 3(c) ofExecutive Order 12988requires Executive agencies to review regulations in light ofapplicable standards inFederal 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 underthe standards ofsection 3 ofthe Executive Order and determined that, to the extent permittedby law. the final regulations meet therelevant standards.

H. 

### Review Under the Unfunded Mandates ReformActof1995

Section 202 ofthe 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 expenditureby 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 ofthe Federal law underwhich the rule is promulgated; (ii) a qualitative and quantitative assessment ofanticipated
costs and benefits ofthe Federal mandate and an analysis ofthe extentto which such costs to state. local. and tribal governments may be paid with Federal financial assistance; (iii) if feasible, estimates ofthe future compliance costs and ofany disproportionate budgetary effects the mandate has on particularregions, communities, non-Federal units of government, or sectors ofthe economy; (iv) iffeasible, estimates ofthe effect on the national economy; and (v) a description ofthe Department's prior consultation with elected representatives ofstate, local. and tribal governments and a summary and evaluation ofthe comments and

concerns presented.

The Departmenthas determinedthat 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 inthe aggregate orto the private sector. Therefore, the requirements ofSections 203 and 204 ofthe Unfunded Mandates Act do not apply tothis action.

I. 

### Review Under the Treasury and General GovernmentAppropriations Act. 1999

Section 654 ofthe Treasury and General Government Appropriations Act. 1999 (Pub. L. No. 105-277) requires Federal agencies to issue a Family PolicymakingAssessment for any proposed rule orpolicy that may affect family well-being. Today's final rule would nothave any impact on the autonomy or integrity ofthe 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 ofManagement and Budget, a Statement ofEnergy Effects for
any proposed significant energy action. A "significant energy action" is defined

as any action byan agency that promulgates or is expected to leadto the promulgation ofa final rule, and that: (1) Is a significant regulatory action underExecutive Order 12866, or any

successor order; and (2) is likely to have

a significant adverse effect onthe supply, distribution, oruse ofenergy; or (3) is designated bythe Administrator of
DIRA as a significant energy action. For
any proposed significant energy action, the agency mustgive a detailed
statement ofany adverse effects on energy supply, distribution, or use should the proposal be implemented, and ofreasonable alternatives tothe action and their expected benefits on energy supply, distribution, anduse.

Today's final rule will not have 

### a significant adverse effect on the supply, distribution, or the use ofenergy, and, therefore, is not a significant energy action. Accordingly, DOE has not prepared a Statement ofEnergy Effects.

K. 

### Congressional Notification

As requiredby 5 U.S.C. 801. DOE will submitto Congress a reportregarding the issuance oftoday's final rule prior
tothe effective date set forth at the
outset ofthis notice. The report will
state that it has been determined that the rule is not a "majorrule" as defined by 5 U.S.C. 801(2).

List ofSubjects in 10CFRPart 430

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

Issued inWashington, DC. on December
12.2001.
David K. Garman,
Assistant Secretary. EnergyEfficiencyand RenewableEnergy.

For thereasons set forth in the preamble, part 430 ofChapterII ofTitle 10, Code ofFederalRegulations. is amended. as setforth below. 

### PART43O-ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

1. The authority citation for part430 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 Bby 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 ofHome Appliance 

### Manufacturers. 111119th Street, NW" Suite 402. Washington, DC 20036. (202) 872-5955, "AmericanNational Standard, HouseholdElectric Dishwashers, ANSI/AHAM DW-l1992." 

### * * * * 

### *

3. Section 430.23 ofsubpart B is amendedby revising the section heading, and paragraph (c) to read as follows:
§430.23 Test procedures for the measurement ofenergy and water consumption. 

### * 

### * * 

### * *

(c) 

### Dishwashers. (I) The estimated annual operating cost (EAOC) for dishwashers mustberounded 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 ofappendix C to this subpart,

EAOC=N x Dc x (0.5 x (Mn+M.»

(B) for dishwashers nothaving a truncated normal cycle.

EAOC 

## =N 

### xDc 

### x Mn
where.

N

# = the representative average dishwasheruse of 264 cycles per year, Dc = the representative average unit

cost ofelectrical 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 ofappendix C tothis subpart. in

### 65096 Federal Register/Vol. 66, No. 243/Tuesday, December t8, 200t/Rules and Regulations

kilowatt-hours and determined according to section 5.1 ofappendix Cto this subpart, M t = the machine electrical energy

consumption per-cycle for the truncatednormal cycle, in kilowatthours and determined according to section 5.t ofappendixC 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 ofappendix Cto 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 andDc are defined in paragraph (c)(l)(i) ofthis section,

Ell = the total electrical energy

consumption per-cycle for the normal cycle as defined in section 1.5 ofappendix C to this subpart, in kilowatt-hours and determined according to section 5.1 ofappendix Ctothis subpart, E, = the total electrical energy

consumption per-cycle for the truncated normal cycle, in kilowatthours and determined according to section 5.1 ofappendixC 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 Cto this subpart.
EAOC = N x ((De X O.5(Mn+Mtll+(Dw X 0.5(Wn+W.)))

(Bl For dishwashers nothaving a truncatednormal cycle.
EAOC = N x «Dc x Mn)+(Dw x Wn

### » where.
N. Dc. Mn and M t are defined in paragraph (c)(l)(il ofthis 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 percycle for the normal cycle as dermed in section
1.5 ofappendix C to this subpart. in Btus and determined according to section 5.3 ofappendixC to this subpart, W, = the total water energy

consumption per cycle for the truncated normal cycle as defined in section 1.9 ofappendixC to this subpart. inBtus and determined according to section 5.3 ofappendix Cto 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 ofthetotal energy consumption percycle (En) for the normal cycle in kilowatt-hours per cycle. determined according to section 5.4 ofappendix Ctothis subpart, and

(ii) For dishwashers having a truncated normal cycle, as the reciprocal ofone-halfthe sum of

(Al Thetotal energy consumption per cycle for the normal cycle (En). plus

(B) The total energy consumption per cycle for the truncated normal cycle (E), each inkilowatt-hours per cycle and determined according to section 5.4 of appendix Cto this subpart.

(3) Otheruseful measures ofenergy consumption for dishwashers are those which the Secretary determines are likely to assist consumers inmaking purchasingdecisions and which are derived from the application of appendix Cto this subpart.

4. Appendix C to Subpart BofPart 430 isrevised

### to read 

### as follows: Appendix Cto SubpartB ofPart430- Unifonn TestMethodfor Measuringthe 

### Energy Consumption ofDishwasbers

1. Definitions

1.1 AHAMmeans the Association of Home Appliance Manufacturers.

1.2 Compact dishwashermeans a dishwasher that has a capacity less than eight place settings plus six serving pieces as specified inANSIIAHAM Standard DW-1 (see §430.22).

1.3 Cycle means a sequence ofoperations ofa dishwasher which performs a complete dishwashing function. and may include variations or combinations ofwashing, rinsing. and drying.

1.4 Cycle type means any complete
sequence ofoperations capable ofbeing preset on the dishwasher prior to the initiation ofmachine operation.

1.5 Normal cycle means the cycle type recommended bythe manufacturer for com,pletely washing a full load ofnormally soiled dishes including the power-dry feature.

1.6 Power-dryfeature means the introduction ofelectrically generated heat into the washing chamber for the purpose of improving the drying performance ofthe 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 dishwashermeans a dishwasher that has a capacity equal to or greater than eight place settings plus six serving pieces as specified inANSIi 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 ofthe lastrinse 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 operationwith a nominal inlet
water temperature of 120°F, and may operate at either ofthese inlet watertemperatures by providing internal water heating to above 120°F in at least one wash phase ofthe 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 ofnominal 0.374 inch (9.5 mm) plywood painted black. The enclosure must consist of

a top. a bottom, a back, and two sides. Ifthe dishwasher includes a counter top as partof the appliance. omit the top ofthe enclosure. Bring the enclosure into the closest contact withthe appliance thatthe 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 supplyto the dishwasher within
two percent of 115 volts and within one percent ofthe nameplate frequency as specifiedby the manufacturer.

2.2.2 Dishwashers that opemte with OIl electrical supplyof 240 volts. Maintain the electrical supply to the dishwasher within
two percent of240 volts and within one percent ofits nameplate frequency as specifiedby 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 ofthis Appendix.

2.3.1 Dishwashers to be tested at a nominal 140°Finlet water temperature. Maintain the water supplytemperature at 140 ± 5°F.

2.3.2 Dishwashers to be tested at a nominal 120°Finlet water temperature. Maintain the water supply temperature at 120 

### ±ZOF.

2.3.3 Dishwashers to be tested at a nominal 50°Finlet water temperature. Maintain the water supply temperature at 50 ±2 OF.

2.4 Waterpressure. Using a water pressure gauge as specified in section 3.3 of this Appendix. maintain the pressure ofthe
water supply at 35 

### ±2.5 pounds per square inch gauge (psig).

2.5 Ambientand machine temperature. Using a temperature measuring device as specified in section 3.1 ofthis 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 ofeach test cycle.

2.6 Load. 2.6.1 Dishwashers to be tested at a nominal inlet temperature of140 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 of50 OF or 120 OF. These units mustbe tested on the normal cycle with a test load ofeight place settings

### Federal Register/Vol. 66, No. 243 

### ITuesday, December 18, Z001/Rules and Regulations 

### 65097

plus six: serving pieces, as specified in AHAM Standard DW-1. Ifthe capacity ofthe 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. Preconditionthe dishwasherby establishing the testing conditions set forth in sections 2.1 through 2.5 ofthis Appendix. Set the dishwasher to the preconditioning cycle as defined in section 1.7 ofthis Appendix, without using a test load, and initiatethe cycle.

3. Instrumentation

3.1 Temperature measuring device. The device' must have an error no greater than

### ± 1 OF overthe rangebeing measured.

3.2 Water meter. The water metermust have a resolution ofno 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 Waterpressure gauge. The water pressure gauge·must have a resolution ofone pound per square inch (psi) and musthave

an error no greater than 5 percent ofany 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 ofno more than 1 percent ofthe 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 duringthe test cycle, M, expressed in kilowatt-hours per cycle. using a water supplytemperature as set forth in section 2.3 ofthis 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 ofgallons delivered to the dishwasher duringthe 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 themachine, as measured.

5. Calculation ofderived resultsfrom test
measurements

5.1 Machine energy consumptionfor electric dishwashers. Use the value recorded in section 4.2 ofthis Appendix: as the percycle machine electrical energy consumption. Use the notation M" for a test ofthe normal cycle or M, for a test ofthe truncated normal cycle and express in kilowatt-hours per cycle. 

# o 

# o 5.2 Water energy consumptionfor dishwashers using electrically heated water. Determine the water energy consumption according to sections 5.2.1 and 5.2.2 ofthis Appendix. Use the notation Wn for a test of the normalcycle or W, for a test ofthe truncated normalcycle, andexpress in kilowatt-hours per cycle. Note that electricallyheated 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 ofwater inkilowatt-hours

per gallon per degree Fahrenheit

## =0.0024. 5.2.2 Dishwashers that operate with a nominal inlet water temperature of120 OF. For each test cycle. calculatethe water energy consumption. W, expressed in kilowatt-hours per cycle and defined as: W=VxTxK where,

V 

## = reported water consumption ingallons
per cycle, as measured in section 4.3 of this Appendix, T 

## = nominal water heater temperature rise 

## =70 OF, K = specific heat ofwater inkilowatt-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 ofthis Appendix. Use the notation Wn for a test ofthe normal cycle or W, for a test ofthe 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 .OFinlet 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

## =specificheat ofwater inkilowatt-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 of120 0F. For each test cycle, calculate the water energy consumption using gas heated or oil heated water. W, expressed inkilowatt-bours
per cycle and defined as:

W=VxTxC/c where. V is measured in section 4.3 ofthis Appendix:, T = nominal water heater temperature

rise = 70 OF, K = specific heat ofwater 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 consumptionpercycle. For each test cycle the total per-cycle energy consumption. E, is defined as the sum ofthe per-cycle machine electrical energy consumption. M, and the per-cyc1e water energy consumption, W, inkilowatt-hours
per cycle. For the cycle type, M is calculated according to section 5.1 ofthis Appendix and W is calculated according to section 5.2 of this Appendix for electrically heatedwater,

or according to section 5.3 for gas or oil heated water. Use the notation En for a test ofthe normal cycle or Et for a test ofthe truncated normal cycle, and express in kilowatt-hours per cycle.

5. 

### Section 430.32 

### ofSubpart 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, 

### mustnotbe 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 ofFederal Housing Enterprise Oversight, HUD.