EE-RM-TP-99-500 COMMENT 02EE

52248 Federal Register/Vol. 64, No. 187/Tuesday, September 28, 1999/Proposed Rules 

been used extensively in wolves and 

dog-wolf crosses with no reported 

adverse reactions. 

Based upon the above, APHIS 

believes that dogs, wolves, and any dogwolf cross can be safely and effectively 

vaccinated with canine vaccines. 

Therefore, we are proposing to add a 

definition of dog to 9 CFR part 101 to 

include all members of the species 

Canis familiaris, Canis lupus, or any 

dog-wolf cross. This would allow canine 

vaccines recommended for use in dogs 

to be recommended for use in wolves 

and any dog-wolf cross. Manufacturers 

who wish to include wolves and dogwolf crosses on the labels for their 

canine vaccines could add these 

animals to the labels. APHIS believes 

that, even without this change, all 

canine vaccines labeled for use in dogs 

would be accepted as being safe and 

effective in wolves and any dog-wolf 

cross. If manufacturers wish to include 

wolves and any dog-wolf cross on their 

labels, the labels would first need to be 

approved by and filed with APHIS. 

We would not require additional 

efficacy and safety studies to be 

performed; however, manufacturers 

could perform additional efficacy and 

safety studies, at their discretion, prior 

to recommending the use of their canine 

vaccines in wolves and any dog-wolf 

cross. 

Executive Order 12866 and Regulatory 

Flexibility Act ' 

This rule has been reviewed under 

Executive Order 12866. The rule has 

been determined to be not Significant for 

the purposes of Executive Order 12866 

and, therefore, has not been reviewed by 

the Office of Management and Budget. 

This proposed rule would amend the 

Virus-Serum-Toxin Act regulations by 

adding a definition of the term dog to 

include all members of the species 

Canis familiaris, Canis lUpus, or any 

dog-wolf cross. As a consequence, 

canine vaccines that are recommended 

for use in dogs could also be 

recommended for use in wolves and any 

dog-wolf cross. Manufacturers could 

include wolves and any dog-wolf cross 

on the labels for their canine vaccines. 

The labels would need to be approved 

by and filed with APHIS. 

This proposed rule would affect all 

licensed veterinary biologics 

establishments that produce vaccines 

for use in dogs. Currently, there arc 

approximately 150 veterinary biologics 

establishments. According to the 

standards of the Small Business 

Administration, most of these 

establishments would be classified as 

small entities, and approximately 10 

percent of these establishments 

currently produce vaccines for use in 

dogs. Because the efficacy and safety of 

licensed canine vaccines have already 

been demonstrated in accordance with 

the regulations, and because this 

proposed rule does not require 

manufacturers to replace labels for their 

products for use in wolves and any dogwolf cross, any additional costs 

manufacturers would incur if this 

proposed rule is adopt~d should be 

minimal. 

Currently, manufactttrers of veterinary 

biological products do not recommend 

canine vaccines for use in wolves and 

any dog-wolf cross. Under this proposed 

rule, if manufacturers recommend their 

canine vaccines for use in wolves and 

dog-wolf crosses, additional efficacy 

and safety data would /lot be required. 

Therefore, manufacturers would not 

incur any additional c<iJsts as a result of 

the rule. This propose4 rule would not 

restrict manufacturers rrom using their 

discretion to elect to p~rform additional 

efficacy and safety stu<jlies prior to 

recommending the use! of their canine 

vaccines in wolves and dog-wolf 

crosses. However, if a ¢anine vaccine is 

used on wolves or dog. wolf crosses in 

accordance with the label 

recommendations, thi$ proposed rule 

would not relieve the manufacturer of 

responsibility for the ~erformance of the 

product (e.g., adverse teactions). 

Under these circumstances, the 

Administrator of the Animal and Plant 

Health Inspection Service has 

determined that this action would not 

have a significant impact on a 

substantial number of small entities. 

Executive Order 12372 

This program/activity is listed in the 

Catalog of Federal Domestic Assistance 

under No. 10.025 and is subject to 

Executive Order 12372, which requires 

intergovernmental consultation with 

State and local officials. (See 7 CFR part 

3015, subpart V.) 

Executive Order 1298~ 

This proposed rule lias been reviewed 

under Executive Order112988, Civil 

Justice Reform. It is OOf intended to 

have retroactive effect. I This rule would 

not preempt any State br local laws, 

regulations, or policiesi, unless they 

present an irreconcilaJ:jle conflict with 

this rule. The Act does! not provide 

administrative proced~' res which must 

be exhausted prior to judicial 

challenge to the provis ons of this rule. 

Paperwork Reduction ct 

This proposed rule crntainS no information collection or recordkeeping 

requirements under th Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). 

Regulatory Reform 

This action is part of the President's 

Regulatory Reform Initiative, which, 

among other things, directs agenCies to 

remove obsolete and unnecessary 

regulations and to find less burdensome 

ways to achieve regulatory goals. 

List of Subjects in 9 CFR Part 101 

Animal biologicS. 

Accordingly, we propose to amend 9 

CFR part 101 as follows: 

PART 101-DEFINITIONS 

1. The authority citation for part 101 

would continue to read as follows: 

Authority: 21 U.S.C. 151-159; 7 CFR 2.22, 

2.80, and 371.2(d). 

2. In § 101.2, a definition of "dog" 

would be added in alphabetical order to 

read as follows: 

§ 101.2 Administrative terminology. 

* * * * * 

Dog. All members of the species Canis 

familiaris, Canis lupus, or any dog-wolf 

cross. 

* * * * * 

Done in Washington, DC, this 22nd day of 

September 1999. 

Bobby R. Acord, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 99-25177 Filed 9-27-99; 8:45 am) 

BILLING CODE 341 G-34-U 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

10 CFR Part 430 

[Docket No. EE-RMITP-99-500] 

RIN 1904-AA52 

Energy Conservation Program for 

Consumer Products: Test Procedure 

for Dishwashers 

AGENCY: Office of Energy Efficiency and 

Renewable Energy. 

ACTION: Notice of proposed rulemaking 

and public workshop. 

SUMMARY: The Department of Energy 

(We, DOE, or the Department) is 

proposing to amend its test procedure 

for dishwashers. The proposal adds test 

procedures for dishwashers with soilsensing technology. It also revises some 

of the inputs for calculating the 

estimated annual operating cost, adds 

new specifications to improve testing 
EE-RM-TP-99-500 COMMENT 02EE

Federal Register/Vol. 64, No. 187/Tuesday, September 28, 1999/Proposed Rules 52249 

repeatability, and changes the 

definitions of compact and standard 

models. The proposed amendments of 

the test procedure do not alter the 

minimum energy conservation 

standards currently in effect for 

dishwashers. 

DATES: The Department will accept 

comments, data, and information 

regarding the proposed rule no later 

than December 13, 1999. Please submit 

ten (10) copies. In addition, the 

Department requests that you provide 

an electronic copy (3112" diskette) of the 

comments in WordPerfectTM format. 

The Department will hold a public 

workshop (hearing) on Tuesday, 

November 2, 1999, in Washington, DC. 

Please send requests to speak at the 

workshop so that we receive them by 

4:00 p.m., Tuesday, October 19,1999. 

The Department must also receive ten 

(10) copies of statements to be given at 

the public workshop no later than 4:00 

p.m" October 20, 1999, and we request 

that you provide a computer diskette 

(WordPerfect TM) of each statement at 

that time. 

ADDRESSES: Please address requests to 

make statements at the public workshop 

and copies of those statements to Ms. 

Brenda Edwards-Jones, and send written 

comments regarding the proposed rule 

to Ms. Barbara Twigg, both at the 

following address: U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, EE-41, 1000 

Independence Avenue, SW, 

Washington, DC 20585-0121. You 

should identify all documents both on 

the envelope and on the documents as 

"Energy Conservation Program for 

Consumer Products: Test Procedure for 

Dishwashers, Docket No. EE-RM/TP99-500." The workshop will begin at 

9:00 a.m., on Tuesday, November 2, 

1999. in Room lE-245 at the U.S. 

Department of Energy, Forrestal 

Building. 1000 Independence Avenue, 

SW, Washington, DC. You can find 

more information concerning public 

participation in this rulemaking 

proceeding in section IV, "Public 

Comment," of this notice. 

You can read copies of the transcript 

of the public workshop and public 

comments in the Freedom of 

Information Reading Room (Room No. 

lE-190) at the U.S. Department of 

Energy, Forrestal Building, 1000 

Independence Avenue, SW, 

Washington, DC, between the hours of 

9:00 a.m. and 4:00 p.m., Monday 

through Friday, except Federal holidays. 

You may obtain copies of the referenced 

standard AHAM DW-l by request from 

the Association of Home Appliance 

Manufacturers, 1111 19th Street, NW, 

Suite 402, Washington. DC 20036, (202) 

872-5955. 

The latest information regarding the 

public workshop is available on the 

Office of Codes and Standards web site 

at the follOWing address: http:// 

www.eren.doe.gov/buildings/ 

codes_standards/lndex.htm 

FOR FURTHER INFORMATION CONTACT: 

Barbara Twigg, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, EE-41 , 1000 

Independence Avenue, SW, 

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

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

or Eugene Margolis, Esq., U.S. 

Department of Energy, Office of General 

Counsel, GC-72, 1000 Independence 

Avenue, SW, Washington, DC 20585, 

(202) 586-9507. email: 

eugene.margolis@hq.doe.gov 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

A. Authority 

B. Background 

C. Summary of the Proposed Test 

Procedure Revisions 

II. Discussion 

A. General Discussion 

B. Changes in Dishwasher DesIgn and 

Consumer Practices 

C. Improving Testing Repeatability 

D. Corrections to the Last Published Rule 

E. Re-testing Soil-sensing Dishwasher 

Models with New Test Procedure 

III. Procedural Requirements 

A. Review Under the National 

Environmental Policy Act of 1969 

B. Review Under Executive Order 12866, 

"Regulatory Planning and Review' 

C. Review Under the Regulatory Flexibility 

Act of 1980 

D. "Takings" Assessment Review 

E. Federalism Review 

F. Review Under the Paperwork Reduction 

Act 

G. Review Under Executive Order 12988. 

"Civil Justice Reform" 

H. Review Under the Unfunded Mandates 

Reform Act of 1995 

I. Review Under the Plain Language 

Directives 

J. Review Under the Treasury and General 

Government Appropriations Act, 1999 

IV. Public Comment 

A. Written Comment Procedures 

B. Public Workshop 

1. Procedures for submitting requests to 

speak 

2. Conduct of workshop 

C. Issues Requested for Comment 

I. Introduction 

A. Authority 

Part B of Title III of the Energy Policy 

and Conservation Act, as amended 

(EPCA or Act), establishes the Energy 

Conservation Program for Consumer 

Products Other Than Automobiles 

(Program). The products currently 

subject to this Program ("covered 

products") include residential 

dishwashers, the subject of today's 

notice. 

Under the Act, the Program consists 

of three parts: testing, labeling, and the 

Federal energy conservation standards. 

The Department, in consultation with 

the National Institute of Standards and 

Technology (NIST), must amend or 

establish test procedures as appropriate 

for each of the covered products. 

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

The purpose of the test procedures is to 

measure energy efficiency, energy use, 

or estimated annual operating cost of a 

covered product during a representative 

avenlge 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)(I). 

Beginning 180 days after a test 

procedure for a product is prescribed, 

no manufacturer, distributor. retailer. or 

private labeler may make 

representations with respect to the 

energy use, effiCiency, or cost of energy 

consumed by such products, except as 

fEiflected in tests conducted according to 

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

EPCA, 42 U.S.C. 6293(c)(2). 

B. Background 

The Department published the 

original dishwasher test procedure on 

August 3, 1977 (42 FR 39964). On 

March 3. 1983 (48 FR 9202), we 

published an amended version which 

revised the representative average-use 

cycles to reflect consumer use and to 

address dishwashers that use 120°F 

inlet water. We amended the test 

procedure again on November 27. 1984 

(49 FR 46533), in order to redefine a 

water heating dishwasher by deleting 

the reqUirement for internal heating in 

the rinse phase of a normal cycle. On 
EE-RM-TP-99-500 COMMENT 02EE

52250 Federal Register/Vol. 64, No. 187/Tuesday, September 28, 1999/Proposed Rules 

December 15, 1987 (52 FR 47551), DOE 

amended the dishwasher test procedure 

to address models that use 50°F inlet 

water. 

In February 1995, NIST conducted a 

review of domestic and international 

dishwasher test procedures. NIST 

submitted two reports, "Review of the 

DOE Test Procedure for Residential 

Dishwashers" and "Review of AHAM 

(Association of Home Appliance 

Manufacturers) and International Test 

Procedures for Residential 

Dishwashers," to DOE on July 17, 1995. 

These reports identified many of the 

problems that are addressed in this 

notice. On December 13, 1995, we met 

with NIST, AHAM, and representatives 

from six dishwasher manufacturers to 

discuss the two NIST reports and 

proposed changes to the test procedure. 

Following this meeting, NIST 

conducted a series of tests on two 

residential dishwashers, one 

conventional and one soil-sensing, 

using the current DOE, International 

Electrotechnical Commission (lEC), and 

AHAM dishwasher test procedures. 

Review of the DOE test procedure made 

clear the need for revision, while the 

studies using the two latter test 

procedures highlighted the difficulty in 

conducting repeatable performancebased testing with soil loads, regardless 

of dishwasher type. 

In May 1997, NIST published a report 

entitled "Energy and Water 

Consumption Testing of a Conventional 

Dishwasher and an Adaptive Control 

Dishwasher, IA TC-1997." 

Subsequently, we again met with NIST, 

manufacturers, and environmental 

groups to discuss options for improving 

the effectiveness of the current test 

procedure. AHAM then sent a letter to 

the Department which compiled many 

of the discussed changes and suggested 

a new approach to testing soil-sensing 

dishwashers. 

In preparing this Notice of Proposed 

Rulemaking, we have taken into 

consideration different views on how to 

improve the current test procedure and 

incorporated suggestions from industry 

and other stakeholders. The 

amendments proposed in this notice 

will provide a more accurate procedure 

for determining the energy factor for 

dishwashers employing soil-sensing 

technology than the existing one, which 

does not adequately measure the energy 

use of these models. We also propose to 

update the average use cycles to reflect 

current usage patterns, and to revise the 

measurements and calculations reqUired 

to determine the values used to estimate 

the annual operating cost for all 

dishwashers. The Department welcomes 

test data to determine the effects of 

these modifications on any existing soilsensing dishwasher. 

C. Summary of the Proposed Test 

Procedure Revisions 

The Department proposes the 

following changes to the dishwasher test 

procedure: 

1. Update the test procedure to reflect 

changes in dishwasher design and 

consumer practices. 

• Add test procedures for soil-sensing 

dishwashers. 

• Add new definitions for sensor 

normal cycle and sensor truncated 

normal cycle. 

• Add a new formula for calculating 

the machine and water energy 

consumption per cycle for soil-sensing 

models. 

• Update the representative average 

number of use cycles per year. 

• Combine explanation of the 

Estimated Annual Operating Cost 

(EAOC) calculation for dishwashers 

both with and without normal and 

truncated normal cycles. 

• Base the definitions of compact and 

standard dishwashers on place-setting 

capacity. 

2. Improve testing repeatability. 

• Revise definition 1.10, "Truncated 

Normal Cycle" (previously 1.5). 

• Tighten the tolerance for ambient 

temperature. 

• Add more detail to test chamber 

installation requirements. 

• Add an instruction for 

manufacturers to run a conditioning 

cycle prior to the test. 

• Introduce a new section, Section 3, 

"Instrumentation," to consolidate all 

measurement specifications and to base 

tolerances on nominal values. 

• Improve the overall format while 

introducing the new methodology for 

soil-sensing dishwashers. 

3. Correct the last published rule. 

• Correct typographical errors in 

definition 1.11, "Water Heating 

Dishwasher" (previously 1.6), and in 

section 2.2.2, "electrical." 

• Remove obsolete text specific to 

dishwashers manufactured before May 

14, 1994. 

II. Discussion 

A. General Discussion 

While this proposed rulemaking 

retains many of the features of the 

current test procedure for measuring the 

energy use of dishwashers, it also 

includes important changes. We are 

retaining the current method for testing 

conventional, or non-soil-sensing 

dishwashers. However, we propose to 

amend the established test procedure by 

adding a new test method for measuring 

the energy consumption of soil-sensing 

models. The new procedure for the soilsensing models will require 

manufacturers to measure the energy 

consumption of both short and long 

cycles, and weight the average results by 

the percentage of users who pre-rinse 

their dishes and those who do not pretreat. This variable of consumer 

behavior is an important factor in 

determining whether a dishwasher 

sensor will select a short wash cycle or 

a long wash cycle. The sensor will select 

a short cycle with reduced energy 

consumption if pre-rinsed dishes add 

little food matter into the water. The 

sensor will select a longer cycle, 

increasing energy use, if dirty dishes 

raise the level of food matter in the 

water. In order to determine a fair 

representation of how these soil-sensing 

machines perform, the Department is 

especially interested in receiving 

comments on user behavior with regard 

to pre-treatment of dishes, or more 

directly, information on the average soil 

load that dishwashers today encounter. 

Such data on consumer pre-rinsing 

behavior will help us to assign more 

accurate percentages to how often a 

dishwasher's load is heavily soiled, 

versus how often the load of dishes is 

almost soil-free. 

B. Changes in Dishwasher Design and 

Consumer Practices 

1. Soil-Sensing Technology 

The introduction of dishwasher 

models using soil-sensing technology 

prompted the need to revise the current 

test procedure, last revised in 1987, 

because the current test method does 

not accurately measure the energy 

consumption of models with variable 

cycles. The soil-sensing (or adaptive 

control) dishwashers adjust the length 

of the washing cycle according to the 

amount of soil matter in the water. A 

well-rinsed dish load will trigger a short 

wash cycle, while more heavily soiled 

dishes will trigger a longer cycle. The 

soil-sensing dishwashers measure the 

level of turbidity in the water or the 

pressure drop across filter screens to 

determine the soil level and select the 

appropriate cycle. However, when soilsensing dishwashers are tested with the 

current test procedure, which Uses only 

clean dishes, the absence of soils 

invariably triggers a shortened cycle. 

Thus, the energy factors obtained are 

very high and do not reflect a 

dishwasher's performance when a 

soiled load is present. At least one 

manufacturer, May tag, has reported to 

DOE lower energy factors than those 

obtained using the current test 

procedure because it recognizes that the 
EE-RM-TP-99-500 COMMENT 02EE

Federal Register / Vol. 64, No. 187/ Tuesday, September 28, 1999/ Proposed Rules 52251 

results are not representative of the 

energy and water consumption that 

consumers are likely to experience 

under normal use. Some loads could be 

highly soiled, triggering a longer cycle 

and resulting in a lower energy factor 

for the machine. Thus, the test 

procedure for soil-sensing machines 

should provide reliable data reflecting 

performance under both types of loads, 

well-rinsed and soiled, without greatly 

increasing the test burden or cost to 

manufacturers. 

As a first step in establishing testing 

procedures for the new models, the 

Department proposes to add definitions 

for conventional and soil-sensing 

dishwashers, and to prescribe a distinct 

test method for each. The test for 

conventional dishwashers remains 

essentially the same. The new test for 

soil-sensing models is based on a 

method developed by AHAM. 

Following a series of discussions with 

manufacturers, AHAM suggested a 

method to collect representative data by 

artificially forCing soil-sensing 

dishwashers into a maximum sensor 

normal cycle. DOE is proposing to adapt 

this method with modifications 

proposed by NIST. Although the 

concept is unchanged, NIST determined 

that language was needed to address the 

calculation of machine energy and water 

energy, adding weighting factors to 

each. 

Under the new test procedure, 

manufacturers would test a soil-sensing 

dishwasher in accordance with the 

current DOE test procedure in the 

normal cycle and record the energy and 

water consumption values for the 

"minimum sensor normal" as Mmin and 

Vmin, respectively. They would then 

adjust the dishwasher cycle to reflect 

maximum soil loading and repeat the 

test, recording the energy and water 

consumption values for the "maximum 

sensor normal" as Mmax and Vmax, 

respectively. Each manufacturer would 

record, in the certification report, 

keystroke instructions on how to force 

a dishwasher into a maximum sensor 

normal response. 

The next step would be to weight 

energy and water consumption values 

according to the fraction of people who 

do and do not pre-treat their dishes. The 

electrical energy consumption per cycle 

for the machine will be expressed in 

kilowatt-hours per cycle and defined as: 

M = [Mmin ·(P) + Mmax ·(1-P)), where P 

equals the fraction of people who pretreat dishes and {1-P} equals the 

fraction of people who do not pre-treat 

dishes. Similarly, the water 

consumption per cycle for the machine 

will be expressed in gallons per cycle 

and defined as: V = [Vmin ·(P) + Vmax .(1-

P)] , using the same weighting factors (P 

and I-P). 

The manufacturers would then use 

the water consumption to calculate the 

energy required to heat the supply 

water. Next, they would combine that 

energy with the machine energy to yield 

the total per cycle energy consumption 

for the test unit. Additionally. if the test 

unit has a truncated cycle option (a 

cycle preset to eliminate the power-dry 

feature). the test would be repeated and 

the data collected for the "minimum 

truncated sensor normal" and the 

"maximum truncated sensor normal" 

cycles. These values would be used to 

calculate the EAOC under the current 

method. 

The Department has reviewed these 

suggestions and proposes to adopt this 

method for testing soil-sensing 

dishwashers with some modification. 

We believe that although the 

methodology is acceptable. the matter of 

how to force the dishwasher into a 

maximum response mode must be 

clarified. The Department therefore 

proposes to include a clause stating that 

if a manufacturer does not have a way 

to artificially force a maximum sensor 

normal cycle. the manufacturer must 

introduce a soil load according to the 

AHAM DW-l performance test to 

trigger a maximum response. 

A second issue is the determination of 

what percentages should be used in 

prorating the Mmin• Mmax. Vmin. and Vmax values. AHAM proposed using data 

obtained from the Soap and Detergent 

Association (SDA) based on surveys of 

the number of persons who pre-treat 

their soiled dishes versus those who 

merely scrape the soiled dishes or load 

them directly into the dishwasher. The 

SDA report. based on 1995 data, states 

that 79 percent of the people surveyed 

pre-treat their dishes (using water to 

rinse. scrub. or soak the dishes) and 21 

percent of those surveyed do nothing or 

merely scrape their plates. However. the 

SDA report also cautions that because 

these results are based on consumer 

perception and interpretation, not on 

objective measures of loads washed, 

their survey has "the inherent 

uncertainties of consumer 

questionnaires ... The resulting data 

could give an "indication of the use and 

patterns of use." but "should probably 

not be used in an energy standards 

setting framework." (See SDA letter to 

AHAM. July 13. 1998.) 

The Oregon Office of Energy 

submitted a comment expressing 

concern about the lack of hard data 

regarding consumer pre-treatment of 

dishes and the acceptance of the 79-21 

weights suggested by the SDA survey. 

The comment questioned the "rather 

loose definition of 'pre-treatment of 

dishes with water.'" and stated that 

"without more exacting data as to what 

'pre-treatment' means, and what effect 

partially rinsed dishes (or combined 

loads of 'pre-treated' and not 'pretreated') might have on existing sensorequipped models. [they] will argue 

against any weighting proposal other 

than 50-50." (See Stephens letter, p. 2, 

December 16. 1998.) 

The Department agrees that given the 

disclaimer within the SDA report and 

other expressed concerns, the 1995 SDA 

data is not sufficient for determining the 

percentages of pre-treatment. For this 

reason. we collected additional data 

from a 1989 Proctor and Gamble survey 

which found that approximately 73 

percent of the surveyed population pretreated their dishes, while 27 percent 

did not pre-treat their dishes. This 

information supports the AHAM 

statement that the number of persons 

who pre-treat their dishes has increased 

over the past 10 years. Another 

dishwasher user survey conducted in 

1999 by Dethman and Associates for the 

Northwest Energy Efficiency Alliance 

and the Consortium for Energy 

Efficiency found that 63 percent of 

respondents rated their dishes as 

"somewhat clean," with small particles 

of food left. or "very clean." with all or 

almost all of the food gone. However. 

when Dethman and Associates 

calculated a cleanliness score based on 

a series of questions. the results showed 

that 83 percent of respondents rated 

their loads as "somewhat clean" or 

"very clean." This discrepancy 

highlights the subjective nature of these 

surveys and the variation in results 

depending on the way questions were 

presented. We are therefore using these 

data as a qualitative indication and not 

as a quantitative measure of consumer 

practices. 

Other reasons for regarding the data as 

an imperfect approximation involve the 

assumptions behind the use of the 

percentages in the prorated calculation 

procedure. Prorating assumes a linear 

relationship between soil loading and 

energy consumption, which mayor may 

not apply to a given dishwasher design. 

Also, as illustrated by the Dethman and 

Associates Dishwasher Survey Report. 

dishes loaded into dishwashers do not 

simply fall into two distinct categories, 

clean and dirty. but vary along a 

continuum from clean. at one extreme. 

to heavily soiled on the other. Because 

of this variation, some loads that are not 

pre-treated may still not reqUire. or 

trigger. the maximum cycle, while on 

the other hand, a pre-treated load may 

contain some heavily soiled dishes that 

require the washer to go beyond the 
EE-RM-TP-99-500 COMMENT 02EE

52252 Federal Register/Vol. 64, No. 187/Tuesday, September 28, 1999/Proposed Rules 

minimum cycle to clean them 

adequately. A more precise calculation 

would require detailed soil loading 

statistics reflecting consumer behavior, 

as well as specific dishwasher response 

patterns to the loadings over a 

corresponding range of values. 

Lacking more precise data at this 

time. the Department is proposing to use 

the following compromise figures as a 

reasonable surrogate for average soil 

loading: 70 percent to represent the 

percentage of the population that pretreats their dishes and 30 percent to 

represent the percentage that does not 

pre-treat their dishes. Since the 

determination of these percentages is 

critical to the test procedure formula for 

the soil-sensing dishwashers, we are 

especially interested in receiving 

comments on the percentages proposed. 

If stakeholders propose alternative 

percentages for consumer pre-treatment 

behavior. it is critical that they provide 

data or other information that justifies 

those percentages. 

2. Representative Average Dishwasher 

Use 

In 1983. DOE amended the 

dishwasher test procedure to reduce the 

representative average use from 416 

cycles per year to 322 cycles per year 

based on a Proctor and Gamble survey 

of consumer use conducted prior to 

1982. For this rulemaking, the 

Department solicited new survey data 

from the SDA for more recent years. In 

response. the SDA provided survey 

results for selected years between 1985 

and 1995 which indicate that the 

number of cycles consumers use on a 

yearly basis has decteased. Therefore. 

the Department is proposing to revise 

the representative average annual use to 

264 cycles per year 1. This change 

effectively lowers the annual energy use 

and therefore the estimated EAOC, 

defined as the product of the per cycle 

energy consumption. the representative 

average-use cycles. and the cost of 

energy. 

3. Standby Electricity Consumption 

The Department received a comment 

from the Oregon Office of Energy calling 

our attention to the issue of standby 

electricity consumption in dishwasher 

models using transformers and 

microprocessors to power timers. 

display lights. and other advanced 

1 264 represents the average number of cycles per 

year for the odd years. 85/86. 87/88. 89/90. 91192. 

93/94. 95/96. based on survey data obtained by a 

member company of the SDA and proVided to the 

Department by AHAM via letter dated July 22. 

1998. Note: data for survey years 90/91 and 92/93 

were disregarded as part of the incomplete set of 

data points for the even survey years. 

cycle. control. and soil-sensing features. 

The comment urged that this "invisible" 

power consumption be included in the 

overall energy consumption for 

dishwashers to give a more complete 

and accurate calculation of energy use 

than is currently available (See 

Stephens letter. p. 3. supra). Although 

we recognize that it is important to 

evaluate standby power consumption in 

both dishwashers and other appliances. 

the Department plans to develop a 

consistent policy for all covered 

appliances on a program-wide basis. 

Until that time, we will not address 

standby power consumption in 

individual test procedure rulemakings. 

4. New Definitions for "Compact" and 

"Standard" Dishwashers 

DOE proposes to change the 

definitions of "compact" and 

"standard" dishwashers. found in 

section 430.32(f). The current test 

procedure uses exterior width to define 

the following product classes. Compact 

dishwashers are those models less than 

22 inches in exterior width. Standard 

dishwashers are equal to or greater than 

22 inches in exterior width. 

Upon reinvestigation of this 

definition. however. we believe that 

using width to determine the product 

class is not correct. The proposed 

definition would use place setting 

capacity to distinguish compact from 

standard models. the determinant used 

by industry and by the Federal Trade 

Commission (FTC) for labeling. Thus. 

the Department proposes to define a 

compact dishwasher as a unit with a 

capacity of fewer than eight place 

settings. and a standard dishwasher as 

a unit with a capacity of eight or more 

place settings. This change should 

proVide a more accurate. useful. and 

consistent classification for consumers. 

We are aware, for example. of a few 

models for which the current DOE 

classification system seems inconsistent 

and misleading. Whirlpool. for example. 

manufactures an under-counter 

dishwasher under the Roper Brand. 

model RUD0800EB, which has an eight 

place setting capacity. Because it is only 

18 inches wide. however, it is classified 

as a compact dishwasher. Under the 

proposed definition, the Whirlpool 18 

inch model. along with all models 

having an 8 place setting plus six 

serving piece capacity. would be 

classified as standard dishwashers. 

Another dishwasher that presents a 

potential for mislabeling under the 

current width-based definition is the 

"DishDrawer" model manufactured by 

Fisher & Paykel which can be purchased 

with one drawer (model 00601) or two 

drawers (model 00602). This two 

drawer system operates as two stacked 

dishwashers sharing the same plumbing 

and washing system that can operate 

together or independently. However. if 

a customer only purchases the single 

drawer option. with its loading capacity 

of approximately 6 place settings. the 

single drawer model would be 

incorrectly classified as a standard-sized 

dishwasher because the drawer is 

greater than 22 inches wide. 

Disregarding the DOE definition. Fisher 

and Paykel has already marketed its 

single drawer model as a compact 

dishwasher. despite its standard-sized 

width. 

The Department believes that a 

capacity-based definition of dishwasher 

class will be more useful to consumers 

when making purchasing decisions. 

since it appears that capacity. not width. 

is the criterion which most often 

determines a consumer's selection of a 

standard or compact model. This change 

will also ensure that all dishwashers are 

held to the appropriate minimum 

energy standard for their intended class, 

and that Federal definitions for making 

dishwasher class distinctions are 

rational. We therefore propose that the 

Department's definition of standard and 

compact dishwashers be based on 

capacity. consistent with the following 

FTC definitions (16 CFR Part 305 

Appendix C): 

" 'Compact' includes countertop 

dishwasher models with a capacity of 

fewer than eight (8) place settings. 

" 'Standard' includes portable or 

built-in dishwasher models with a 

capacity of eight (8) or more place 

settings. 

"Place settings shall be in accordance 

with Appendix C to Subpart B of 10 

CFR part 430. [2.6.2]." 

The Department proposes to modify 

Section 430.32(f) to read as follows: 

Product class 

(1) Compact Dishwasher (capacity less than eight place settings 

plus six serving pieces as specified in section 6 of AHAM 

Standard DW-1) ..................... .. 

(2) Standard Dishwasher (capacity equal to or greater than 

eight place settings plus six 

serving pieces as specified in 

section 6 of AHAM Standard 

DW-1) ..................................... .. 

Energy 

factor 

(cyclesl 

KWh) 

0.62 

0.46 

This definition would also be 

consistent with the current test 

procedure's requirement that an eight 

place setting load plus six serving 

pieces be used in dishwashers with 

water heating capabilities for tests of the 
EE-RM-TP-99-500 COMMENT 02EE

Federal Register I Vol. 64. No. 187 I Tuesday. September 28. 1999 I Proposed Rules 52253 

normal cycle at temperatures below 

140°F. Thus. if this change is adopted. 

the manufacturers of eight place setting 

capacity dishwashers would still be 

held to the same test required of all 

standard dishwashers. 

Because the new definitions will 

change the size classifications for some 

dishwashers. models manufactured after 

the effective date of this rulemaking 

must meet the energy standard 

designated for their new size category. 

For example. under the proposed 

definition. a few models. such as 

Whirlpool model RUD0800EB. would be 

reclassified from compact to standard 

dishwashers and would thereby have a 

lower energy factor requirement 

(decreased from 0.62 cycles/kWh to 0.46 

cycles/kWh). Conversely. those 

dishwashers not capable of handling the 

eight place setting plus six serving piece 

load. such as the Fisher & Paykel model 

DD601. would be required to meet 

higher energy factor (increased from 

0.46 cycles/kWh to 0.62 cycles/kWh). 

which the Fisher & Paykel model 

already does (the energy factor for the 

one drawer model is 1.16 cycles/kWh). 

We would. however. like to know about 

any other dishwashers that would be 

affected by this change in defmition. 

C. Improving Testing Repeatability 

The Department proposes several 

changes to clarify the existing test 

procedure and improve its repeatability 

when multiple tests are conducted. • In the definitions of 10 CFR part 

430. Subpart B. Appendix C. the 

Department proposes to modify the 

definition of "Truncated Normal Cycle." 

Under the current definition. section 

1.5. " 'Truncated Normal Cycle' means 

the normal cycle interrupted to 

eliminate the power-dry feature after the 

termination of the last rinse operation." 

Since the test procedure calls for the test 

cycle to be selected prior to its initiation 

and for the cycle to run to completion. 

we believe that it is more accurate to 

substitute the word "preset" for 

"interrupted." This change supports the 

statement in the test procedure that the 

cycle type be set and allowed to proceed 

to completion. The new definition 

would read: " 'Truncated Normal Cycle' 

means the normal cycle preset to 

eliminate the power-dry feature after the 

termination of the last rinse operation." • The Department proposes that the 

tolerance for the ambient temperature in 

testing conditions be tightened from the 

current range of between 70 OF and 85 

OF to 75 ±5 OF. 

According to NIST. a 15° temperature 

variation produced Significant 

differences in the average machine 

energy consumption for the same 

dishwasher running the normal cycle 

with an 8 piece load. NIST tests found 

that the average total energy 

consumption of dishwashers tested at 

85 OF ambient would be 17.6 percent 

lower than dishwashers tested at 70 OF 

ambient. We feel this is a significant 

percentage of variation which should be 

reduced by narrowing the allowable 

temperature range for testing. This 

change would also be consistent with 

AHAM performance tests. which must 

be conducted in the temperature range 

of 75 ±5 OF. and would bring the 

temperature range closer to the one used 

by the IEC standard for testing 

dishwashers (59 OF to 77 OF . 20±5 0C). 

The new language would be: 

"2.5 Ambient and machine temperature. 

Using a temperature measuring device as 

specified in 3.1 of this Appendix, maintain 

the room ambient air temperature at 75±5°F, 

and ensure that the dishwasher and the test 

load are at room ambient temperature at the 

start of each test cycle." 

• The Department proposes to 

incorporate more detailed requirements 

for test chamber installation. 

Currently. there are no installation 

instructions in the event that the 

manufacturer does not specify them. 

The test chamber provides an insulating 

effect which simulates under counter 

conditions and reduces heat loss to the 

environment, thereby increasing the 

overall energy performance. In an effort 

to improve the consistency of test 

results among laboratories. DOE 

proposes to add more detailed 

instructions to the dishwasher test 

procedure. using the wording proposed 

by AHAM. We are basing these 

proposed installation instructions on 

Underwriters Laboratories publication 

UL 749. "Standard for Safety: 

Household Dishwashers." to support 

uniformity among testing laboratories 

without adding significantly to the test 

burden. The proposed revised 

installation instructions are as follows: 

"2. Testing conditions: 2.1 Installation 

ReqUirements. Install the dishwasher 

according to the manufacturer's instructions. 

A standard or compact under-counter or 

under-sink dishwasher must be tested in a 

rectangular enclosure constructed of nominal 

0.374 inch (9.5 mm) plywood painted black. 

The enclosure must consist of a top, a 

bottom. a back, and two sides. If the 

dishwasher includes a countertop as part of 

the appliance, omit the top of the enclosure . 

Bring the enclosure into the closest contact 

with the appliance that the configuration of 

the dishwasher will allow." 

• The Department proposes that 

manufacturers include a 

preconditioning cycle as part of the test 

procedure prior to running the test 

cycle. 

We are aware that it is a common 

industry practice to run a 

preconditioning cycle for dishwashers 

before conducting a test. This ensures 

that the water lines and sump area of 

the pump are primed, which better 

approximates normal household 

conditions. Without this 

preconditioning cycle. the dishwasher 

consumes more water in the first fill 

than under normal operation As a 

result. we believe this step should be 

included as part of the test procedure in 

order to improve consistency among 

laboratories. 

• DOE proposes to introduce a new 

section. Section 3 "Instrumentation" to 

consolidate all measurement 

specifications and to base tolerances on 

nominal values. 

Within this section. the Department 

proposes to add specifications for 

temperature measurement devices 

which were not stated previously. This 

will limit the variation in testing 

equipment accuracy. This separate 

section should also make it easier to 

identify the instrumentation 

requirements and will eliminate the 

need to restate measurement 

specifications in each section. The 

Department also proposes to change the 

way tolerances are specified to reduce 

the variation in testing conditions. By 

basing tolerances on nominal values. 

manufacturers will have a target 

specification and tolerance rather than a 

range of acceptable values. • We propose to combine the sections 

explaining the Estimated Annual 

Operating Cost calculation (EAOC) for 

dishwashers with and without truncated 

normal cycles. 

We are consolidating these two 

sections to simplify the test procedure 

since the calculation for these two cases 

is identical. 

D. Corrections to Last Published Rule 

• The Department will correct two 

typographical errors found in the last 

published test procedure. 

In current Section 1.11 "Water 

Heating Dishwasher." "heating" was 

misspelled. and in current Section 2.2.1 

"Dishwashers that operate with an 

electrical supply of 240 volts." 

"electrical" was misspelled. Both are 

corrected in the amended test 

procedure. 

• The Department proposes to remove 

language specific to dishwashers 

manufactured before 1994. 

In the last published dishwasher test 

procedure. we set a date. May 14. 1994. 

prior to which all dishwashers were 

required to be equipped with an option 

to dry without heat. However. for 

dishwashers manufactured on or after 
EE-RM-TP-99-500 COMMENT 02EE

52254 Federal Register/Vol. 64, No. 187/Tuesday, September 28, 1999/Proposed Rules 

May 14, 1994, the sole requirement is 

that all dishwasher models meet the 

minimum energy standard. Therefore, 

since language specific to dishwashers 

manufactured before 1994 is no longer 

meaningful, the Department proposes to 

remove it. The resulting Section 430.32 

would read: 

(f) Dishwashers. The energy factor of 

dishwashers manufactured on or after 

May 14, 1994, must not be less than: 

Product class 

(1) Compact Dishwasher (capacity less than eight place settings 

plus six serving pieces as specified in section 6 of AHAM 

Standard DW-1) ...................... . 

(2) Standard Dishwasher (capacity equal to or greater than 

eight place settings plus six 

serving pieces as specified in 

section 6 of AHAM Standard 

DW-1) 

Energy 

factor 

(cyclesl 

KWh) 

0.62 

0.46 

• The Department proposes that 

"AHAM" be defined within Appendix 

C. The current test procedure references 

the AHAM DW-1 publication for the 

specifications of the test load without 

stating what "AHAM" stands for. 

Therefore, to clarify the source of the 

publication, we propose to introduce 

the following definition: "'AHAM' 

means the Association of Home 

Appliance Manufacturers." 

E. Re-Testing SOil-Sensing Dishwasher 

Models With New Test Procedure 

Based on our discussions with 

industry representatives, we understand 

that soil-sensing dishwashers represent 

a small portion of the overall 

dishwasher market. Because most soilsensing models appear to be fully 

compliant with the current standard, 

rather than marginally compliant, we do 

not expect a significant number of 

machines to fail to meet the current 

standard using the new test procedure. 

Thus, the new test procedure will not 

require the Department to conduct a 

series of tests to determine whether to 

alter the minimum energy conservation 

standards currently in effect for 

dishwashers, However, once the new 

test procedure takes effect (30 days) 

after the publication of the final 

rulemaking, all manufacturers must retest and rate soil-sensor models such 

that all representations are based on the 

new test procedure, effective 180 days 

after it becomes applicable. They must 

report the new energy use information 

to the Department, and all models 

previously in compliance with the 

standard which no longer meet the 

standard will be grandfathered. If, 

however, the Department changes the 

minimum energy standard in the future, 

all models must comply with that 

standard, using the test procedure in 

effect at that time. 

III. Procedural Requirements 

A. Review Under the National 

Environmental Policy Act of 1969 

In this proposed rule, the Department 

proposes amendments to test 

procedures that may be used to 

implement future energy conservation 

standards for dishwashers. The 

Department has determined that this 

proposed rule falls into a class of 

actions that are categorically excluded 

from review under the National 

Environmental Policy Act of 1969 

(NEPAl. 42 U.S.C. 4321 et seq. The 

proposed rule is covered by Categorical 

Exclusion A5, for rulemakings that 

interpret or amend an existing rule 

without changing the environmental 

effect, as set forth in the Department's 

NEP A regulations in Appendix A to 

Subpart 0, 10 CFR part 1021. This 

proposed rule will not affect the quality 

or distribution of energy usage and, 

therefore, will not result in any 

environmental impacts. Accordingly, 

neither an environmental impact 

statement nor an environmental 

assessment is reqUired. 

B. Review Under Executive Order 12866, 

"Regulatory Planning and Review" 

This regulatory proposal is not a 

"significant regulatory action" under 

Executive Order 12866, "Regulatory 

Planning and Review." 58 FR 51735 

(October 4, 1993). Accordingly, the 

proposed action is not subject to review 

under the Executive Order by the Office 

of Information and Regulatory Affairs. 

C. Review Under the Regulatory 

Flexibility Act of 1980 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601-612, requires that an 

agency prepare an initial regulatory 

fleXibility analysiS for any rule, for 

which a general notice of proposed 

rulemaking is reqUired, that would have 

a significant economic effect on small 

entities unless the agency certifies that 

the proposed rule, if promulgated, will 

not have a significant economic impact 

on a substantial number of small 

entities. 5 U.S.C. 605. 

This proposed rule prescribes test 

procedures that will be used to test 

compliance with energy conservation 

standards. The proposed rule affects 

dishwasher test procedures and would 

not have a Significant economic impact, 

but rather would provide common 

testing methods. Therefore DOE believes 

that the proposed rule would not have 

a "significant economic impact on a 

substantial number of small entities," 

and the preparation of a regulatory 

fleXibility analysis is not warranted. 

D. "Takings" Assessment Review 

DOE has determined pursuant to 

Executive Order 12630, "Governmental 

Actions and Interference with 

Constitutionally Protected Property 

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

that this regulatory proposal, if adopted, 

would not result in any takings which 

might require compensation under the 

Fifth Amendment to the United States 

Constitution. 

E. Federalism Review 

Executive Order 12612, "Federalism," 

52 FR 41685 (October 30, 1987), 

requires that regulations, rules, 

legislation, and any other policy actions 

be reviewed for any substantial direct 

effects on States, on the relationship 

between the Federal Government and 

the States, or on the distribution of 

power and responsibilities among 

various levels of Government. If there 

are substantial direct effects, then this 

Executive Order reqUires preparation of 

a Federalism assessment to be used in 

all decisions involved in promulgating 

and implementing a policy action. 

The proposed rule published today 

would not regulate the States. 

Accordingly, DOE has determined that 

preparation of a Federalism assessment 

is unnecessary. 

F. Review Under the Paperwork 

Reduction Act 

No new information or recordkeeping 

requirements are imposed by this 

proposed rulemaking. Accordingly, no 

OMB clearance is required under the 

Paperwork Reduction Act, 44 U.S.C. 

3501 et seq. 

C. Review Under Executive Order 

12988, "Civil justice Reform" 

With respect to the review of existing 

regulations and the promulgation of 

new regulations, section 3(a) of 

Executive Order 12988, "Civil Justice 

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

imposes on executive agencies the 

following requirements: (1) Eliminate 

drafting errors and ambiguity; (2) write 

regulations to minimize litigation; and 

(3) provide a clear legal standard for 

affected conduct rather than a general 

standard and promote simplification 

and burden reduction. With regard to 

the review required by section 3(a), 

section 3(b) of the Executive Order 

specifically requires that Executive 

agencies make every reasonable effort to 
EE-RM-TP-99-500 COMMENT 02EE

Federal Register/Vol. 64, No. 187/Tuesday, September 28, 1999/Proposed Rules 52255 

ensure that the regulation: (1) Clearly 

specifies the preemptive effect. if any; 

(2) clearly specifies any effect on 

existing Federal law or regulation; (3) 

provides a clear legal standard for 

affected conduct while promoting 

simplification and reducing burdens; (4) 

specifies the retroactive effect. if any; (5) 

adequately defines key terms; and (6) 

addresses other important issues 

affecting clarity and general 

draftsmanship under any guidelines 

issued by the Attorney General. Section 

3 of the Executive Order requires 

Executive agencies to review regulations 

in light of applicable standards in 

sections 3(a) and 3(b) to determine 

whether they are met or it is 

unreasonable to meet one or more of 

them. 

The Department reviewed today's 

proposed rule under the standards of 

Section 3 of the Executive Order and 

determined that, to the extent permitted 

by law. it meets the requirements of 

those standards. 

H. Review Under the Unfunded 

Mandates Reform Act of 1995 

Section 202 of the Unfunded 

Mandates Reform Act of 1995 

("Unfunded Mandates Act") requires 

that the Department prepare a budgetary 

impact statement before promulgating a 

rule that includes a Federal mandate 

that may result in expenditure by state. 

local. and tribal governments. in the 

aggregate. or by the private sector, of 

$100 million or more in 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 proposed today does not 

include a Federal mandate that may 

result in estimated costs of $100 million 

or more to state, local, or tribal 

governments in the aggregate or to the 

private sector. Therefore. the 

reqUirements of Sections 203 and 204 of 

the Unfunded Mandates Act do not 

apply to this action. 

/. Review Under the Plain Language 

Directives 

Section 1 (b)(12) of Executive Order 

12866 requi~es that each agency shall 

draft its regulations to be simple and 

easy to understand. with the goal of 

minimizing the potential for uncertainty 

and litigation arising from such 

uncertainty. Similarly. the Presidential 

memorandum of June 1. 1998 (63 FR 

31883) directs the heads of executive 

departments and agencies to use. by 

January 1. 1999. plain language in all 

proposed and final rule making 

documents published in the Federal 

Register. unless the rule was proposed 

before that date. 

Today's proposed rule uses the 

following general techniques to abide by 

Section 1 (b) (12) of Executive Order 

12866 and the Presidential 

memorandum ofJune 1. 1998 (63 FR 

31883): 

• Organization of the material to 

serve the needs of the readers 

(stakeholders) . 

• Use of common. everyday words in 

short sentences. 

• Shorter sentences and sections. 

We invite your comments on how to 

make this proposed rule easier to 

understand. 

J. Review Under the Treasury and 

General Government Appropriations 

Act. 1999 

Section 654 of the Treasury and 

General Government Appropriations 

Act. 1999 (pub. L. No. 105-277) requires 

Federal agencies to issue a Family 

Policymaking Assessment for any 

proposed rule or policy that may affect 

family well-being. Today's proposal 

would not have any impact on the 

autonomy or integrity of the family as 

an institution. Accordingly. DOE has 

concluded that it is not necessary to 

prepare a Family Policymaking 

Assessment. 

IV. Public Comment 

A. Written Comment Procedures 

The Department invites interested 

persons to participate in the proposed 

rulemaking by submitting data. 

comments. or information with respect 

to the proposed issues set forth in 

today's proposed rule to Ms. Barbara 

Twigg. at the address indicated at the 

beginning of this notice. We will 

consider all submittals received by the 

date specified at the beginning of this 

notice in developing the final rule. 

According to 10 CFR 1004.11. any 

person submitting information that he 

or she believes to be confidential and 

exempt by law from public disclosure 

should submit one complete copy of the 

document and ten (10) copies. if 

possible. from which the information 

believed to be confidential has been 

deleted. The Department of Energy will 

make its own determination with regard 

to the confidential status of the 

information and treat it according to its 

determination. 

Factors of interest to the Department 

when evaluating requests to treat as 

confidential information that has been 

submitted include: (1) A description of 

the items; (2) an indication as to 

whether and why such items are 

customarily treated as confidential 

within the industry; (3) whether the 

information is generally known by or 

available from other sources; (4) 

whether the information has previously 

been made available to others without 

obligation concerning its 

confidentiality; (5) an explanation of the 

competitive injury to the submitting 

person which would result from public 

disclosure; (6) an indication as to when 

such information might lose its 

confidential character due to the 

passage of time; and (7) why disclosure 

of the information would be contrary to 

the public interest. 

B. Public Workshop 

1. Procedures for Submitting Requests 

To Speak 

You will find the time and place of 

the public workshop listed at the 

beginning of this notice of proposed 

rulemaking. The Department invites any 

person who has an interest in today's 

notice of proposed rulemaking. or who 

is a representative of a group or class of 

persons that has an interest in these 

proposed issues. to make a request for 

an opportunity to make an oral 

presentation. If you would like to attend 

the public workshop, please notify Ms. 

Brenda Edwards-Jones at (202) 586-

2945. You may hand deliver requests to 

speak to the address indicated at the 

beginning of this notice between the 

hours of 8:00 a.m. and 4:00 p.m., 

Monday through Friday. except Federal 

holidays. or send them by mail. 

The person making the request should 

state why he or she. either individually 

or as a representative of a group or class 

of persons. is an appropriate 

spokesperson. briefly describe the 

nature of the interest in the rulemaking, 

and provide a telephone number for 

contact. 

The Department requests each person 

selected to be heard to submit an 
EE-RM-TP-99-500 COMMENT 02EE

52256 Federal Register/Vol. 64. No. 187/Tuesday. September 28. 1999/Proposed Rules 

advance copy of his or her statement at 

least two weeks prior to the date of this 

workshop as indicated at the beginning 

of this notice. The Department. at its 

discretion. may permit any person 

wishing to speak who cannot meet this 

requirement to participate if that person 

has made alternative arrangements with 

the Office of Codes and Standards in 

advance. The letter making a request to 

give an oral presentation must ask for 

such alternative arrangements. 

2. Conduct of Workshop 

The workshop (hearing) will be 

conducted in an informal. conference 

style. The Department may use a 

professional facilitator to facilitate 

discussion. and a court reporter will be 

present to record the transcript of the 

meeting. We will present summaries of 

comments received before the 

workshop, allow time for presentations 

by workshop participants, and 

encourage all interested parties to share 

their views on issues affecting this 

rulemaking. Following the workshop, 

we will provide an additional comment 

period, during which interested parties 

will have an opportunity to comment on 

the proceedings at the workshop, as 

well as on any aspect of the rulemaking 

proceeding. 

The Department will arrange for a 

transcript of the workshop and will 

make the entire record of this 

rulemaking, including the transcript, 

available for inspection in the 

Department's Freedom of Information 

Reading Room. Any person may 

purchase a copy of the transcript from 

the transcribing reporter. 

C. Issues Requested for Comment 

The Department of Energy is 

interested in receiving comments and/or 

data concerning the feasibility, 

workability. and appropriateness of the 

test procedures proposed in this 

proposed rulemaking. Also. DOE 

welcomes discussion on improvements 

or alternatives to these approaches. We 

are especially interested in any data 

regarding: 

(1) The frequency with which 

dishwashers' loads are pre-treated; 

(2) The amount of water energy 

consumed in pretreatment (kW); 

(3) The degree of cleanliness of pretreated dishes; 

(4) The typical soil levels for the 

normal cycle; 

(5) The frequency that max .. min .. and 

other normal cycles are run and the 

corresponding energy consumption for 

those respective cycles; 

(6) Any dishwashers adversely 

affected by changing the definitions of 

compact and standard models; and 

(7) any soil-sensing dishwashers 

adversely affected by the new test 

procedure. 

These data will help us to select the 

percentages reflecting how often 

dishwashers encounter well-rinsed or 

soiled loads. 

List of Subjects in 10 CFR Part 430 

Administrative practice and 

procedure. Energy conservation. 

Household appliances. 

Issued in Washington. DC. on September 

20. 1999. 

Dan W. Reicher, 

Assistant Secretary. Energy Efficiency and 

Renewable Energy. 

For the reasons set forth in the 

preamble. the Department proposes to 

amend Part 430 of Chapter II of Title 10, 

Code of Federal Regulations, to read as 

follows. 

PART 430-ENERGY CONSERVATION 

PROGRAM FOR CONSUMER 

PRODUCTS 

1. The authority citation for Part 430 

continues to read as follows: 

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

2461 note. 

2. Section 430.23 of Subpart B is 

amended by revising the section 

heading. and paragraph (c) to read as 

follows: 

§ 430.23 Test procedures for the 

measurement of energy consumption. 

* * * * * 

(c) Dishwashers. (1) The Estimated 

Annual Operating Cost (EAOC) for 

dishwashers is defined as follows: 

(i) When electrically-heated water 

(120 OF or 140 OF) is used or when cold 

water (50 OF) is used-

(A) For dishwashers having a 

truncated normal cycle as defined in 

1.10 of appendix C to this subpart. 

EAOCt=N x De X [0.5 X (Mn+Mt)], and 

(B) For dishwashers not having a 

truncated normal cycle. EAOCn=N x De 

xMn , 

where 

N=the representative average use of 264 

cycles per year, 

De=the representative average unit cost 

of electrical energy in dollars per 

kilowatt-hour as provided by the 

Secretary. 

Mn=the total machine electrical energy 

consumption per-cycle for the 

normal cycle as defined in 1.5 of 

Appendix C to this subpart. in 

kilowatt-hours and determined 

according to 5.1 of Appendix C to 

this subpart. 

Mt=the total machine electrical energy 

consumption per-cycle for the 

truncated normal cycle as defined 

in 1.10 of Appendix C to this 

subpart, in kilowatt-hours and 

determined according to 5.1 of 

Appendix C to this subpart. 

(C) You must round off the resulting 

estimated annual operating cost to the 

nearest dollar per year. 

(ii) When gas-heated or oil-heated 

water is used: 

(A) For dishwashers haVing a 

truncated normal cycle as defined in 

1.10 of Appendix C to this subpart. 

EAOCt=N x [(De X 0.5 (Mn+Mt)) + (Ow X 

0.5(Wn+Wt))], and 

(B) For dishwashers not having a 

truncated normal cycle, EAOCn=N x [(De 

X Mnl+(Dw X WnlJ, 

where 

N, De. Mn, and Mt are defined in (c)(l)(i) 

of this section. 

Dw=the representative average unit cost 

in dollars per Btu for gas or oil. as 

appropriate. as prOVided by the 

Secretary. 

Wn=the total water energy consumption 

per cycle for the normal cycle as 

defined in 1. 5 of appendix C to this 

subpart, in Btus and determined 

according to 5.3 of appendix C to 

this subpart. 

Wt=the total water energy consumption 

per cycle for the truncated normal 

cycle as defined in 1.10 of appendix 

C to this subpart, in Btus and 

determined according to 5.3 of 

appendix C to this subpart. 

(C) You must round off the resulting 

estimated annual operating cost to the 

nearest dollar per year. 

(2) The energy factor for dishwashers, 

expressed in cycles per kilowatt-hour is 

defined as: 

(i) For dishwashers not having a 

truncated normal cycle, as defined in 

1.10 of Appendix C to this subpart. the 

reciprocal of the total energy 

consumption per cycle for the normal 

cycle in kilowatt-hours per cycle, 

determined according to 5.5 of appendix 

C to this subpart. and 

(ii) For dishwashers having a 

truncated normal cycle, as defined in 

1.10 of appendix C to this subpart, the 

reCiprocal of one-half the sum of-

(A) The total energy consumption per 

cycle for the normal cycle. plus 

(B) The total energy consumption per 

cycle for the truncated normal cycle, 

each in kilowatt-hours per cycle and 

determined according to 5.5 of appendix 

C to this subpart. 

(3) Other useful measures of energy 

consumption for dishwashers are those 

which the Secretary determines are 

likely to assist consumers in making 

purchasing decisions and which are 
EE-RM-TP-99-500 COMMENT 02EE

Federal Register/Vol. 64. No. 187/Tuesday. September 28. 1999/Proposed Rules 52251 

derived from the application of 

Appendix C to this subpart. 

* * * * * 

3. Appendix C to Subpart B of Part 

430 is revised to read as follows: 

Appendix C to Subpart B of Part 430-

Uniform Test Method for Measuring the 

Energy Consumption of Dishwashers 

1. Definitions 

1.1 AHAM means the Association of 

Home Appliance Manufacturers. 

1.2 Conventional dishwasher means a 

dishwasher that does not have a mechanism 

to adjust the cycle andlor number of wash or 

rinse operations based on the soil load of the 

dishes. 

1.3 Cycle means a sequence of operations 

of a dishwasher which performs a complete 

dishwashing function, and may include 

variations or combinations of washing, 

rinsing, and drying. 

1.4 Cycle type means any complete 

sequence of operations capable of being 

preset on the dishwasher prior to the 

initiation of machine operation. 

I.S Normal cycle means the cycle type 

recommended by the manufacturer for 

completely washing a full load of normally 

soiled dishes including the power-dry 

feature. 

1.6 Power-dry feature means the 

introduction of electrically generated heat 

into the washing chamber for the purpose of 

improving the drying performance of the 

dishwasher. 

1.7 Sensor normal cycle means the range 

of operations in a soil-sensing dishwasher 

that constitutes the cycle type recommended 

by the manufacturer for completely washing 

a full load of normally soiled dishes 

including the power-dry feature. 

1.8 Sensor truncated normal cycle means 

the sensor normal cycle preset to eliminate 

the power-dry feature after the termination of 

the last rinse operation. 

1.9 Soil-senSing dishwasher means a 

dishwasher that has a mechanism to adjust 

the cycle andlor number of wash or rinse 

operations based on the soil load of the 

dishes. 

1.10 Truncated normal cycle means the 

normal cycle preset to eliminate the powerdry feature after the termination of the last 

rinse operation. 

1.11 Water heating dishwasher means a 

dishwasher which is designed for heating 

cold inlet water (nominal SO OF) or a 

dishwasher for which the manufacturer 

recommends operation with a nominal inlet 

water temperature of 120 OF, and may operate 

at either of these inlet water temperatures by 

providing internal water heating to above 120 

OF in at least one wash phase of the normal 

cycle. 

2. Test Conditions 

2.1 Installation ReqUirements. Install the 

dishwasher according to the manufacturer's 

instructions. A standard or compact undercounter or under-sink dishwasher must be 

tested in a rectangular enclosure constructed 

of nominal 0.374 inch (9.S mm) plywood 

painted black. The enclosure must consist of 

a top, a bottom, a back, and two sides. If the 

dishwasher includes a counter top as part of 

the appliance, omit the top of the enclosure. 

Bring the enclosure into the closest contact 

with the appliance that the configuration of 

the dishwasher will allow. 

2.2 Electrical energy supply. 

2.2.1 Dishwashers that operate with an 

electrical supply of 115 volts. Maintain the 

electrical supply to the dishwasher within 

two percent of liS volts and within one 

percent of the nameplate frequency as 

specified by the manufacturer. 

2.2.2 Dishwashers that operate with an electrical supply of 240 volts. Maintain the 

electrical supply to the dishwasher within 

two percent of 240 volts and within one 

percent of its nameplate frequency as 

specified by the manufacturer. 

2.3 Water temperature. Measure the 

temperature of the water supplied to the 

dishwasher using a temperature measuring 

device as specified in 3.1 of this Appendix. 

2.3.1 Dishwashers to be tested at a 

nominal 140 OF inlet water temperature. 

Maintain the water supply temperature at 

140±SoS. 

2.3.2 Dishwashers to be tested at a 

nomina1120 of inlet water temperature. 

Maintain the water supply temperature at 

120±2°F. 

2.3.3 Dishwashers to be tested at a 

nominal 50 ° F inlet water temperature. 

Maintain the water supply temperature at SO 

±2 OF. 

2.4 Water pressure. Using a water 

pressure gauge as specified in 3.3 of this 

Appendix, maintain the pressure of the water 

supply at 3S ± 2.5 pounds per square inch 

gauge (psig). 

2.S Ambient and machine temperature. 

Using a temperature measuring device as 

specified in 3.1 of this Appendix, maintain 

the room ambient air temperature at 7S± S 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 Conventional dishwashers to be 

tested at a nominal inlet temperature of 

1400 F. These units must be tested on the 

normal cycle without a test load. 

2.6.2 Conventional dishwashers to be 

tested at a nominal inlet temperature of 500 F 

or 1200 F. These units must be tested on the 

normal cycle with a test load of eight place 

settings plus six serving pieces, as specified 

in Section 6 of AHAM Standard OW-I. If the 

capacity of the dishwasher, as stated by the 

manufacturer, is less than eight place 

settings, then the test load must be the stated 

capacity. 

2.6.3 Soil-senSing dishwashers to be 

tested at a nominal inlet temperature of 

1400 F. These units must be tested on the 

sensor normal cycle, as defined in 1.7 of this 

Appendix, without a test load. 

2.6.4 Soil-sensing dishwashers to be 

tested at a nominal inlet temperature of 500 F or 1200 F. These units must be tested on the 

sensor normal cycle, as defined in 1.7 of this 

Appendix, with a test load of eight place 

settings plus six serving pieces, as specified 

in section 6 of AHAM Standard OW-I. 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 

SO OF or 120 OF apply only to water heating 

dishwashers. 

2.8 . Preconditioning cycle. Perform a 

preconditioning cycle by establishing the 

testing conditions set forth in sections 2.1 

through 2.S of this Appendix. Set the 

dishwasher to the normal cycle without 

using a test load, initiate the cycle, and allow 

the cycle to proceed to completion. Ensure 

that the water lines and sump area of the 

pump are primed. 

3. Instrumentation 

3.1 Temperature measuring device. The 

device must have an error no greater than ±I 

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 error no greater than I.S 

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 S percent of any 

measured value over the range of 3S ± 2.S 

psig. 

3.4 Watt-hour meter. The watt-hour meter 

must have a resolution of no greater than I 

watt-hour and a maximum error of no more 

than I percent of the measured value for any 

demand greater than SO watts. 

4. Test Cycle and Measurements 

4.1 Test cycle. Perform a test cycle by 

establishing the testing conditions set forth in 

section 2 of this Appendix, setting the 

dishwasher to the cycle type to be tested, 

initiating the cycle, and allowing the cycle to 

proceed to completion. 

4.2 Machine electrical energy 

consumption. 

4.2.1 Conventional dishwashers only. 

Measure the electrical energy consumed by 

the machine during the test cycle. M, 

expressed in kilowatt-hours per cycle, using 

a water supply temperature as set forth in 2.3 

of this Appendix and using a watt-hour meter 

as specified in 3.4. 

4.2.2 SOil-senSing dishwashers only. 

Measure the electrical energy consumed by 

the machine during the minimum sensor 

normal cycle, Mmin, expressed in kilowatthours per cycle, using a water supply 

temperature as set forth in 2.3 of this 

Appendix and using a watt-hour meter as 

specified in 3.4. Measure the electrical 

energy consumed by the machine during the 

maximum sensor normal cycle, Mm .. , 

expressed in kilowatt-hours per cycle. using 

a water supply temperature as set forth in 2.3 

of this Appendix and using a watt-hour meter 

as specified in 3.4. If a manufacturer cannot 

artificially force a maximum sensor normal 

response, the manufacturer must introduce a 

soil load, as specified in the AHAM OW-J 

performance test, and record the machine 

electrical energy consumption as Mmox. 

4.3 Water consumption. 

4.3.1 Conventional dishwashers only. 

Measure the water consumption, V, specified 

as the number of gallons delivered to the 
EE-RM-TP-99-500 COMMENT 02EE

52258 Federal Register/Vol. 64, No. 187/Tuesday, September 28, 1999/Proposed Rules 

dishwasher during the entire test of the 

normal cycle. using a water meter as 

specified in 3.2 of this Appendix. 

4.3.2 Soil-sensing dishwashers only. 

Measure the minimum water consumption. 

VMin. specified as the number of gallons 

delivered to the dishwasher during the 

sensor normal test cycle. using a water meter 

as speCified in 3.2 of this Appendix. Measure 

the maximum water consumption. Vrnax. 

specified as the number of gallons delivered 

to the dishwasher during the maximum 

sensor normal test cycle. using a water meter 

as specified in 3.2 of this Appendix. 

4.4 Report values. You must report the 

electrical energy consumption and water 

consumption values for the machine. as 

measured. 

5. Calculation of Derived Results From Test 

Measurements 

5.1 Machine energy consumption. 

Determine the machine energy consumption 

for conventional or soil-sensing dishwashers 

according to sections 5.1.1 and 5.2.2. 

respectively. Use the notation Mn to represent 

the resulting value. M. for a test of the normal 

or sensor normal cycle and Mt to represent 

the resulting value. M. for a test of the 

truncated normal or sensor truncated normal 

cycle. 

5.1.1 Conventional dishwashers only. For 

each test cycle {normal or truncated normal}. 

use the measured value recorded in section 

4.2.1 as the per-cycle machine electrical 

energy consumption. M. expressed in 

kilowatt-hours per cycle. 

5.1.2 Soil-sensing dishwashers only. For 

each test cycle {sensor normal or sensor 

truncated normal}. calculate the electrical 

energy consumption for the machine. M. 

expressed in kilowatt-hours per cycle and 

defined as: 

M=[Mmin x {P}+Mmax X {I- P}] 

where. 

Mmin=the machine electrical energy 

consumption during the sensor normal 

cycle as measured according to section 

4.2.2. 

P=the fraction of residential dishwasher 

owners that pre-treat dishes=0.70. 

Mrnax=the machine electrical energy 

consumption with the maximum sensor 

normal response as measured according 

to section 4.2.2. 

(I-P}=the fraction ofresidential dishwasher 

owners that do not pre-treat dishes=0.30. 

5.2 Water consumption per cycle for soi1-

sensing dishwashers only. For each test cycle 

{sensor normal or sensor truncated normal}. 

calculate the water consumption. V. 

expressed in gallons per cycle and defined 

as: 

V=[Vrnin x {P}+Vmax X (I-P)] 

where. 

V rnin=the water consumption during the 

minimum sensor normal cycle. as 

measured according to section 4.3.2. 

P=the fraction of residential dishwasher 

owners that pre-treat dishes = 0.70. 

V max=the water consumption with the 

maximum sensor normal response. as 

measured according to section 4.3.2. 

(I-P}=the fraction of residential dishwasher 

owners that do not pre-treat dishes = 

0.30. 

5.3 Water energy consumption per cycle 

for dishwashers using electrically heated 

water. Determine the water energy 

consumption for conventional dishwashers 

according to sections 5.3.1.1 and 5.3.2.1. 

Determine the water energy consumption for 

soil-sensing dishwashers according to 

sections 5.3.1.2 and 5.3.2.2. Use the notation 

Wen to represent the resulting value. We. for 

a test of the normal or sensor normal cycle 

and Wet to represent the resulting value. We. 

for a test of the truncated normal or sensor 

truncated normal cycle. 

5.3.1 Dishwashers that operate with a 

nominal 140 of inlet water temperature, only. 

5.3.1.1 Conventional dishwashers. For 

each test cycle, calculate the water energy 

consumption, We. expressed in kilowatthours per cycle and defined as: 

We=VxT"xK 

where, 

V=reported water consumption in gallons per 

cycle; as measured in 4.3.1 of this 

Appendix. 

T" =nominal water heater temperature 

rise=90 OF. 

K=specific heat of water in kilowatt-hours 

per gallon per degree Fahrenheit=0.0024. 

5.3.1.2 Soil-sensing dishwashers. For 

each test cycle. calculate the water energy 

consumption, We, expressed in kilowatthours per cycle and defined as: 

We=VxT"xK 

where. 

V is calculated in 5.2 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. 

5.3.2 Dishwashers that operate with a 

nominal inlet water temperature of 120 ° F. 

5.3.2.1 Conventional dishwashers. For 

each test cycle. calculate the water energy 

consumption. We. expressed in kilowatthours per cycle and defined as: 

We=VxT'xK 

where. 

V=reported water consumption in gallons per 

cycle, as measured in 4.3.1 of this 

Appendix. 

T' =nominal water heater temperature rise= 70 

OF. 

K=specific heat of water in kilowatt-hours 

per gallon per degree Fahrenheit=0.0024. 

5.3.2.2 Soil-sensing dishwashers. For 

each test cycle. calculate the water energy 

consumption. We. expressed in kilowatthours per cycle and defined as: 

We=VxT'xK 

where. 

V is calculated in 5.2 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. 

5.4 Water energy consumption per cycle 

using gas-heated or oil-heated water. 

Determine the water energy consumption for 

conventional dishwashers according to 

§§ 5.4.1.1 and 5.4.2.1. Determine the water 

energy consumption for soil-sensing 

dishwashers according to sections 5.4.1.2 and 

5.4.2.2. Use the notation Wgn to represent the 

resulting value. W g. for a test of the normal 

or sensor normal cycle and W gt to represent 

the resulting value. W g. for a test of the 

truncated normal or sensor truncated normal 

cycle. 

5.4.1 Dishwashers that operate with a 

nominal 140 of inlet water temperature, only. 

5.4.1.1 Conventional dishwashers. For 

each test cycle, calculate the water energy 

consumption using gas-heated or oil-heated 

water, Wg, expressed in Btus per cycle and 

defined as: 

Wg=V x T" x C/e 

where. 

V=reported water consumption in gallons per 

cycle. as measured in 4.3.1 of this 

Appendix. 

T"=nominal water heater temperature 

rise=90 OF. 

C=specific heat of water in Btus per gallon 

per degree Fahrenheit=8.20. 

e=nominal gas or oil water heater recovery 

efficiency=O. 7 5. 

5.4.1.2 Soil-sensing dishwashers. For 

each test cycle. calculate the water energy 

consumption using gas heated or oil heated 

water. Wg. expressed in Btus per cycle and 

defined as: 

Wg=V x T" x C/e 

where. 

V is calculated in 5.2 of this Appendix. 

T"=nominal water heater temperature 

rise=90 OF. 

C=specific heat of water in Btus per gallon 

per degree Fahrenheit=8.20. 

e=nominal gas or oil water heater recovery 

efficiency=0.75. 

5.4.2 Dishwashers that operate with a nominal inlet water temperature of 120 oF. 

5.4.2.1 Conventional dishwashers. For 

each test cycle. calculate the water energy 

consumption using gas heated or oil heated 

water. Wg • expressed in Btus per cycle and 

defined as: 

Wg=VxT"xC/e. 

where. 

V is measured in 4.3.1 of this Appendix. 

T' =nominal water heater temperature rise= 70 

OF. 

C=specific heat of water in Btus per gallon 

per degree Fahrenheit=8.20. 

e=nominal gas or oil water heater recovery 

efficiency=0.75. 

5.4.2.2 Soil-sensing dishwashers. 

Calculate for the cycle type under test the 

water energy consumption per cycle using 

gas heated or oil heated water. Wg. expressed 

in Btus per cycle and defined as: 

Wg=V x T' x C/e. 

where 

V is calculated in 5.2 of this Appendix. 

T'=nominal water heater temperalure rise=70 

OF. 

C=specific heat of water in Btus per gallon 

per degree Fahrenheit=8.20. 

e=nominal gas or oil water heater recovery 

efficiency=0.75. 

5.5 Total energy consumption per cycle. 

For each test cycle. calculate the total percycle energy consumption. E. expressed in 
EE-RM-TP-99-500 COMMENT 02EE

Federal Register/Vol. 64, No. 187/Tuesday, September 28, 1999/Proposed Rules 52259 

kilowatt-hours per cycle. and defined as the 

sum of the per-cycle machine electrical 

energy consumption. M. plus the per-cycle 

water energy consumption of electricallyheated water. W. calculated for the cycle 

type. according to 5.1 and 5.3 respectively. 

4. Section 430.32 of Subpart C is 

amended by revising paragraph (f) to 

read as follows: 

§430.32 Energy and water conservation 

standards and effective dates. 

* * * * * 

(f) Dishwashers. The energy factor of 

dishwashers manufactured on or after 

May 14. 1994, must not be less than: 

Product class 

(1) Compact Dishwasher (capacity less than eight place settings 

plus six serving pieces as specified in section 6 of AHAM 

Standard DW-1) ...................... . 

(2) Standard Dishwasher (capacity equal to or greater than 

eight place settings plus six 

serving pieces as specified in 

section 6 of AHAM Standard 

DW-1) ..................................... .. 

* * " * * 

Energy 

factor 

(cycles! 

KWh) 

0.62 

0.46 

[FR Doc. 99-25186 Filed 9-27-99; 8:45 am] 

BILLING CODE 64S0-01-P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. 99-NE-39-AD] 

RIN 2120-AAS4 

Airworthiness Directives; CFE 

Company Model CFE738-1-1B 

Turbofan Engines 

AGENCY: Federal Aviation 

Administration. DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This document proposes the 

adoption of a new airworthiness 

directive (AD) that is applicable to CFE 

Company Model CFE738-1-lB turbofan 

engines. This proposal would reqUire. 

on certain engines identified by serial 

numbers. a one-time visual inspection 

of Stage 2 high pressure turbine (HPT) 

aft cooling plates. for nicks. dents. and 

scratches. and if present. dimensional 

inspection of indentation depth. repair 

if indentation is within acceptable 

limits. and. if necessary. replacement 

with serviceable parts. This AD would 

also require inspection of the Stage 2 

HPT rotor disk post aft surface which 

mates with the Stage 2 HPT aft cooling 

plate, for raised metal and removal of 

the raised metal. if present. This 

proposal is prompted by reports of 

dented Stage 2 HPT aft cooling plates 

which occurred during the assembly of 

the cooling plate to the Stage 2 disk due 

to raised metal on the stage 2 HPT disk 

post aft mating surface. The actions 

specified by the proposed AD are 

intended to prevent aft HPT cooling 

plate failure. which could result in an 

uncontained engine failure and damage 

to the airplane. 

DATES: Comments must be received by 

November 29, 1999. 

ADDRESSES: Submit comments in 

triplicate to the Federal Aviation 

Administration (FAA). New England 

Region, Office of the Regional Counsel. 

Attention: Rules Docket No. 99-NE-39-

AD. 12 New England Executive Park, 

Burlington. MA 01803-5299. Comments 

may also be sent via the Internet using 

the following address: "9-aneadcomment@faa.gov". Comments sent 

via the Internet must contain the docket 

number in the subject line. Comments 

may be inspected at this location 

between 8:00 a.m. and 4:30 p.m ... 

Monday through Friday. except Federal 

holidays. 

The service information referenced in 

the proposed rule may be obtained from 

CFE Company. Data Distribution. MS 

64-03/2101-201. P.O. Box 52170. 

Phoenix. AZ 85972-2170; telephone 

(602) 365-2493, fax (602) 365-5577. 

This information may be examined at 

the FAA, New England Region, Office of 

the Regional Counsel, 12 New England 

Executive Park, Burlington. MA. 

FOR FURTHER INFORMATION CONTACT: 

Keith Mead, Aerospace Engineer, 

Engine Certification Office, FAA, Engine 

and Propeller Directorate, 12 New 

England Executive Park. Burlington. MA 

01803-5299; telephone (781) 238-7744. 

fax (781) 238-7199. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

Interested persons are invited to 

participate in the making of the 

proposed rule by submitting such 

written data. views, or arguments as 

they may desire. Communications 

should identity the Rules Docket 

number and be submitted in triplicate to 

the address specified above. All 

communications received on or before 

the closing date for comments. specified 

above. will be considered before taking 

action on the proposed rule. The 

proposals contained in this notice may 

be changed in light of the comments 

received. 

Comments are specifically invited on 

the overall regulatory. economic. 

environmental, and energy aspects of 

the proposed rule. All comments 

submitted will be available. both before 

and after the closing date for comments. 

in the Rules Docket for examination by 

interested persons. A report 

summarizing each FAA-public contact 

concerned with the substance of this 

proposal will be filed in the Rules 

Docket. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

submitted in response to this notice 

must submit a self-addressed. stamped 

postcard on which the following 

statement is made: "Comments to 

Docket Number 99-NE-39-AD." The 

postcard will be date stamped and 

returned to the commenter. 

Availability of NPRMs 

Any person may obtain a copy of this 

NPRM by submitting a request to the 

FAA, New England Region. Office of the 

Regional Counsel. Attention: Rules 

Docket No. 99-NE-39-AD. 12 New 

England Executive Park. Burlington. MA 

01803-5299. 

Discussion 

The Federal Aviation Administration 

(FAA) has received reports of certain 

Stage 2 high pressure turbine (HPT) aft 

cooling plates. installed on CFE 

Company Model CFE738-1-lB turbofan 

engines. that were dented during the 

assembly of the cooling plate to the 

stage 2 disk due to raised metal on the 

aft mating face of the Stage 2 HPT rotor 

disk post. During the assembly of the 

high-pressure turbine rotor. the Stage 2 

disk is restrained with a special tool 

fixture. It has been determined that a 

condition occurring in this fixture as 

early as January 1998. may have 

resulted in raised metal on the disk post 

aft surface, which interfaces with the aft 

cooling plate. The higher the raised 

metal on the disk post, the deeper the 

dent in the cooling plate. The fixture 

has been repaired to prevent further 

occurrences and engines which may be 

effected by this condition have been 

identified by serial numbers. Analysis 

indicates that nicks. dents. and 

scratches on the Stage 2 HPT aft cooling 

plate exceeding a certain depth would 

result in a reduction in part cyclic life. 

This condition. if not corrected. could 

result in aft HPT cooling plate failure. 

which could result in an uncontained 

engine failure and damage to the 

airplane. 

Service Information 

The FAA has reviewed and approved 

the technical contents of CFE Alert