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

beenused extensively in wolves and dog-wolfcrosses with no reported adverse reactions.

Based upon the above, APHIS believes that dogs, wolves, and any dogwolfcross can be safely and effectively vaccinated with canine vaccines. Therefore, we are proposing to add a definition ofdog to 9 CFR part 101 to include all members ofthe species Canisfamiliaris, Canis lupus, or any dog-wolfcross. This would allow canine vaccines recommended for use in dogs
to be recommended for use in wolves and any dog-wolfcross. Manufacturers who wish to include wolves and dogwolfcrosses 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 wouldbe accepted as being safe and effective in wolves and anydog-wolf

cross. Ifmanufacturers wish to include wolves and any dog-wolfcross 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 oftheir 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 ofExecutive Order 12866 and, therefore, has notbeen reviewed by the Office ofManagement and Budget.

This proposed rule would amend the Virus-Serum-Toxin Act regulations by adding a definition ofthe term dogto include all members ofthe species Canisfamiliaris, Canis lUpus, or any dog-wolfcross. As a consequence, canine vaccines that are recommended for use in dogs could also be recommended for use in wolves and any dog-wolfcross. Manufacturers could include wolves and any dog-wolfcross


### 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 thatproduce vaccines for use in dogs. Currently, there arc approximately 150 veterinary biologics establishments. According to the standards ofthe Small Business 

### Administration, most ofthese establishments would be classified as small entities, and approximately 10 percent ofthese establishments currentlyproducevaccines 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 proposedrule does not require manufacturers to replace labels for their products for use inwolves and any dogwolfcross, any additional costs manufacturers would incurifthis proposed rule is**adopt~d** should be minimal.

Currently, manufactttrers ofveterinary biological products do notrecommend canine vaccines for use in wolves and
any dog-wolfcross. Underthis proposed rule, ifmanufacturers recommend their canine vaccines for use in wolves and dog-wolfcrosses, 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 electto**p~rform** additional efficacy and safety stu<jlies priorto recommending the use! oftheir canine vaccines in wolves and dog-wolf

crosses. However, ifa ¢aninevaccine is used onwolves or dog.wolfcrosses in accordance with the label recommendations, thi$ proposed rule would not relieve the manufacturer of responsibilityfor the**~erformance** ofthe product (e.g., adverse teactions).

Under these circumstances, the Administrator ofthe Animal and Plant Health Inspection Service has determined thatthis action would not have a significant impact on a substantial number ofsmall entities.

Executive Order 12372

This program/activity is listed in the Catalog ofFederal 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, subpartV.)

Executive Order**1298~**

This proposed rule lias been reviewed underExecutive Order112988, Civil 

### Justice Reform. It

### is 

## OOfintended to have retroactive effect. IThis rule would
notpreempt any State br local laws, regulations, orpoliciesi, unless they present an irreconcilaJ:jle conflict with this rule. The Act does! notprovide administrative**proced~'** res which must be exhausted priorto judicial challenge to the provis ons ofthis rule. PaperworkReduction ct

This proposed rule crntainS no information collection orrecordkeeping requirements under th Paperwork Reduction Act of 1995 

### (44 U.S.C. 3501
etseq.). Regulatory Reform

This action is part ofthe 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 ofSubjects 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 ofthe species Canis familiaris, Canis lupus, or any dog-wolf

cross. 

### * 

## * * * * Done in Washington, DC, this 22nd day of September 1999. Bobby R. Acord, ActingAdministrator,AnimalandPlant Health Inspection Service. [FR Doc. 99-25177 Filed 9-27-99; 8:45 am)

BILLING CODE 341G-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 ofEnergy Efficiency and Renewable Energy.

ACTION: Notice ofproposed rulemaking and public workshop.

SUMMARY: The Department ofEnergy (We, DOE, orthe Department) is proposingto amend its test procedure for dishwashers. The proposal adds test procedures for dishwashers with soilsensing technology. 

### Italso revises some ofthe inputs for calculating the estimated annual operating cost, adds

new specifications to improve testing

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

### 52249

repeatability, and changes the definitions ofcompact and standard models. The proposed amendments of the test procedure do not alter the minimum energy conservation standards currently ineffect for dishwashers.

DATES: The Department will accept comments, data, and information regarding theproposed rule no later than December 13, 1999. Please submit
ten (10) copies. In addition, the Departmentrequests that you provide

an electronic copy (3112" diskette) ofthe
comments in WordPerfectTM format.

The Departmentwill hold a public workshop (hearing) onTuesday, November 2, 1999, inWashington, 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 ofstatements to be given at the public workshop no laterthan 4:00 p.m" October 20, 1999, and we request thatyou provide a computer diskette (WordPerfectTM) ofeach statement at that time.

ADDRESSES: Please address requests to make statements at the public workshop and copies ofthose 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 ofEnergy Efficiency and Renewable Energy, EE-41, 1000 Independence Avenue, SW, Washington, DC 20585-0121. You should identify all documents both on the envelope and onthe documents as "Energy Conservation Program for ConsumerProducts: Test Procedurefor 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 ofEnergy, Forrestal Building. 1000 Independence Avenue, SW, Washington, DC. You canfind

more information concerning public participation in this rulemaking proceeding in section IV, "Public Comment," ofthis notice.

You can read copies ofthe transcript ofthe 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 ofthe referenced standard AHAM DW-l by request from the Association ofHome Appliance Manufacturers, 1111 19th Street, NW, Suite 402, Washington. DC 20036, (202) 872-5955.

The latest informationregarding the publicworkshop is available on the Office ofCodes 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 ofEnergy Efficiency and Renewable Energy, EE-41

, 1000 Independence Avenue, SW, Washington, DC 20585-0121, (202) 586- 8714, email: barbara.twlgg@ee.doe.gov;

orEugene Margolis, Esq., U.S. Department ofEnergy, Office ofGeneral 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 ofthe 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 Underthe 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.

"CivilJustice 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 submittingrequests to

speak 2. Conduct ofworkshop C. Issues Requested for Comment

I. Introduction

A. 

### Authority

Part B ofTitle III ofthe Energy Policy and Conservation Act, as amended (EPCA or Act), establishes the Energy Conservation Program for Consumer Products OtherThan Automobiles (Program). Theproducts currently subject to this Program ("covered products") include residential dishwashers, the subject oftoday's notice.

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

measure energy efficiency, energyuse,

orestimated annual operating cost ofa covered productduring a representative avenlge use cycle orperiod ofuse. The
test procedure must not be unduly burdensome to conduct. Section 323(b)(3) ofEPCA, 42 U.s.C. 6293(b)(3).

Ifa test procedure is amended, DOE is required to determine to what extent, ifany. the newtest procedure would alter the measured energy efficiency or measured energy use ofany covered product as determined under the existing test procedure. IfDOE determines that an amended test procedure would alter the measured efficiency or measured energy use ofa covered product, DOE is required to amend the applicable energy conservation standard accordingly. In determiningthe amended energy conservation standard, DOE is reqUired
to measure the energy efficiency or energy use ofa representative sample of covered products that minimally complywith the existing standard. The
average efficiency ofthese 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 ofenergy consumed bysuch 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 Departmentpublished 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 consumeruse and to address dishwashersthat use 120°F inletwater. We amended the test procedure again on November 27. 1984 (49 FR 46533), in orderto redefine a water heating dishwasher by deleting the reqUirement for internal heating in the rinse phase ofa normal cycle. On

### 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 ofdomestic and international dishwasher test procedures. NIST submitted two reports, "Review ofthe DOE Test Procedure for Residential Dishwashers" and "Review ofAHAM (Association ofHome Appliance Manufacturers) and International Test Procedures for Residential Dishwashers," to DOE onJuly 17, 1995. These reports identified many ofthe problems that are addressed inthis 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 oftests on two residential dishwashers, one conventional and one soil-sensing, using the current DOE, International Electrotechnical Commission (lEC), and AHAM dishwasher test procedures. Review ofthe 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 ofdishwasher type.

In May 1997, NIST published a report entitled "Energy and Water Consumption Testing ofa Conventional Dishwasher and an Adaptive Control Dishwasher, IATC-1997." Subsequently, we again met with NIST, manufacturers, and environmental groups to discuss options for improving the effectiveness ofthe current test procedure. AHAM then sent a letterto the Department whichcompiled many ofthe discussed changes and suggested

a new approach to testing soil-sensing dishwashers.

In preparing this Notice ofProposed 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 energyfactor for dishwashers employing soil-sensing technology than the existing one, which does not adequately measure the energy

use ofthese 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 anyexisting soilsensing dishwasher.

C. 

### Summaryof

### the Proposed Test Procedure Revisions

The Departmentproposes the following changes to the dishwasher test procedure: 1. Update the test procedure to reflect changes in dishwasher design and

consumerpractices.

• Add test procedures for soil-sensing dishwashers.

• Add new definitions for sensor normal cycle and sensor truncated normal cycle.

• Add a newformula for calculating the machine and water energy consumption percycle for soil-sensing models.

• Update the representative average number ofuse cycles peryear.

• Combine explanation ofthe Estimated Annual Operating Cost (EAOC) calculationfor dishwashers both with and without normal and truncated normal cycles.

• Base the definitions ofcompact 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 instructionfor manufacturers to run a conditioning cycle priorto 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 introducingthe 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 ofthe features ofthe
current test procedurefor measuring the energy use ofdishwashers, it also includes important changes. We are retaining the currentmethod for testing conventional, or non-soil-sensing dishwashers. However, we propose to amend the established testprocedure by adding a new test method for measuring the energy consumptionofsoil-sensing models. The newprocedure for the soilsensing models will require manufacturers to measure the energy consumption ofboth short and long cycles, and weight the average results by the percentage ofusers who pre-rinse their dishes and those who do notpretreat. This variable ofconsumer behavior is an importantfactor in determining whether a dishwasher

sensor will select a short wash cycle or
a long wash cycle. The sensor will select

a short cycle withreduced energy consumption ifpre-rinsed dishes add little food matter into the water. The

sensor will select a longer cycle, increasing energy use, ifdirty dishes raise the level offood matter inthe
water. In orderto determine a fair representation ofhow these soil-sensing machines perform, the Department is especially interested in receiving
comments on user behavior with regard
to pre-treatment ofdishes, or more directly, information onthe 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 ofdishes is almost soil-free.

B. 

### Changes inDishwasherDesign and ConsumerPractices

1. Soil-SensingTechnology

The introduction ofdishwasher 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 ofmodels with variable cycles. The soil-sensing (or adaptive control) dishwashers adjust the length ofthe washing cycle according to the
amount ofsoil matterinthe 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 ofturbidity in the water or the pressure drop across filter screens to determine the soil level and select the appropriate cycle. However, when soilsensingdishwashers are tested withthe
current test procedure, which Uses only clean dishes, the absence ofsoils 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, Maytag, has reported to DOE lower energy factors thanthose obtained using the current test procedure because it recognizes that the

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

### 52251

results are not representative ofthe
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 ofloads, well-rinsed and soiled, without greatly increasing the test burden or cost to manufacturers.

As a first step in establishing testing procedures for the newmodels, 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 ofdiscussions with manufacturers, AHAM suggested a method to collect representative data by artificially forCing soil-sensing dishwashers into a maximum sensor normal cycle. DOE is proposingto adapt this method with modifications proposed by NIST. Although the concept is unchanged, NIST determined that language was needed to address the calculation ofmachine energy and water energy, adding weighting factors to each.

Under the newtest 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 consumptionvalues for the "minimum sensor normal" as Mmin and V

min
,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 V max, 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 consumptionvalues according to the fraction ofpeople who do and do not pre-treat their dishes. The electrical energy consumption per cycle for the machine will be expressed in kilowatt-hours percycle and defined as: M = [Mmin ·(P) + Mmax ·(1-P)), whereP equals the fraction ofpeople who pretreat dishes and {1-P} equals the fraction ofpeople who do notpre-treat dishes. Similarly, the water consumption per cycle for the machine will be expressed ingallons per cycle and defined as: V 

### = [Vmin ·(P) + V max .(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 withthe machine energy to yield thetotal percycle energy consumption for the test unit. Additionally. ifthe 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 sensornormal" and the "maximum truncated sensor normal" cycles. These values would be used to calculate the EAOC underthe 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 howto force the dishwasherinto a maximum response mode must be clarified. The Departmenttherefore
proposes to include a clause stating that ifa 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 whatpercentages shouldbe used in prorating the Mmin•Mmax. Vmin. andV max values. AHAM proposed using data obtained from the Soap and Detergent Association (SDA) based on surveys of the number ofpersons who pre-treat their soiled dishes versus those who merely scrape the soiled dishes orload them directly into the dishwasher. The SDA report. based on 1995 data, states that 79 percent ofthe people surveyed pre-treat their dishes (using water to rinse. scrub. or soak the dishes) and 21 percent ofthose surveyed do nothing or merely scrape theirplates. However. the SDA report also cautions that because these results are based on consumer perception and interpretation, not on objective measures ofloads washed, their survey has "the inherent uncertainties ofconsumer questionnaires

... The resulting data could give an "indication ofthe use and patterns ofuse." but "should probably
not be used in an energy standards settingframework." (See SDA letter to AHAM. July 13. 1998.)

The Oregon Office ofEnergy submitted a comment expressing

concern about the lack ofhard data regarding consumerpre-treatment of dishes and the acceptance ofthe 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 "withoutmore exacting data as to what 'pre-treatment' means, and whateffect 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 sufficientfor determining the percentages ofpre-treatment. For this

reason. we collected additional data from a 1989 Proctor and Gamble survey which found that approximately 73 percentofthe surveyed population pretreated their dishes, while 27 percent did not pre-treat their dishes. This information supports the AHAM
statement thatthe number ofpersons who pre-treat their dishes has increased

over the past 10 years. Another dishwasheruser survey conducted in 1999 byDethman 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 offood left. or "veryclean." with all or almost all ofthe food gone. However. when Dethman and Associates calculated a cleanliness score based on

a series ofquestions. the results showed that 83 percent ofrespondents rated their loads as "somewhat clean" or "very clean." This discrepancy highlights the subjective nature ofthese 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 ofconsumer practices.

Otherreasons for regarding the data as

an imperfect approximation involve the assumptions behind the use ofthe percentages in the prorated calculation procedure. Prorating assumes a linear relationship between soil loading and
energy consumption, which mayormay not applyto a given dishwasher design. Also, as illustrated bythe Dethman and Associates Dishwasher SurveyReport. dishes loaded into dishwashers do not simplyfall into two distinct categories, clean and dirty. butvary along a continuum from clean. at one extreme. to heavily soiled on the other. Because ofthis 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 washerto go beyond the

### 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 dishwasherresponse patterns to the loadings over a corresponding range ofvalues.

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 percentto represent the percentage ofthe population that pretreats their dishes and 30 percent to represent the percentage that does not pre-treat their dishes. Since the determination ofthese percentages is critical to the test procedure formula for the soil-sensing dishwashers, we are especially interested inreceiving
comments on the percentages proposed. Ifstakeholders propose alternative percentages for consumer pre-treatment behavior. it is critical that they provide data or other information thatjustifies those percentages.
2. Representative Average Dishwasher Use

In 1983. DOE amended the dishwasher test procedure to reduce the representative average use from 416 cycles peryear to 322 cycles peryear based on a Proctor and Gamble survey ofconsumer use conducted prior to 1982. For this rulemaking, the Department solicitednew 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 ofcycles consumers use on a yearly basis has decteased. Therefore. the Department is proposing to revise the representative average annual use to 264 cycles peryear 1. This change effectively lowers the annual energy use and therefore the estimated EAOC, defined as the product ofthe per cycle
energy consumption. the representative
average-use cycles. and the cost of
energy.
3. Standby Electricity Consumption

The Departmentreceived a comment from the Oregon Office ofEnergy calling

our attention to the issue ofstandby electricity consumption in dishwasher models using transformers and microprocessors to power timers. display lights. and other advanced

1264 represents the average number ofcycles 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 ofthe 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 ofthe 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 consumptionfor dishwashers to give a more complete and accurate calculation ofenergy use than is currently available (See Stephensletter. p. 3. 

### supra). Although

we recognize that it is important to evaluate standbypowerconsumption in both dishwashers and other appliances. the Departmentplans to develop a consistent policy for all covered appliances on a program-wide basis. Until that time, we will not address standby powerconsumption 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 currenttest procedure uses exterior width to define the following productclasses. Compact dishwashers are those models less than 22 inches in exteriorwidth. Standard dishwashers are equal to or greater than 22 inches in exterior width.

Upon reinvestigation ofthis definition. however. webelieve that using widthto determine the product class is not correct. The proposed definition would use place setting capacity to distinguish compact from standard models. the determinantused by industry and bythe Federal Trade Commission (FTC) for labeling. Thus. the Departmentproposes to define a compact dishwasher as a unit with a capacity offewer than eight place settings. and a standard dishwasher as

a unit with a capacity ofeight or more place settings. This change should proVide a more accurate. useful. and consistent classification for consumers. We are aware, for example. ofa few models for whichthe current DOE classification system seems inconsistent and misleading. Whirlpool. for example. manufactures anunder-counter dishwasherunder 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 compactdishwasher. Under the proposed definition, theWhirlpool 18 inchmodel. 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 underthe
currentwidth-based definition is the "DishDrawer" model manufactured by Fisher & Paykel which can be purchased with one drawer (model 00601) ortwo 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 onlypurchases the single drawer option. with its loading capacity ofapproximately 6 place settings. the single drawer model would be incorrectly classified as a standard-sized dishwasherbecause 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 Departmentbelieves that a capacity-based definition of dishwasher class will be more useful to consumers when making purchasingdecisions. since it appears that capacity. not width. is the criterion which most often determines a consumer's selection ofa standard or compactmodel. This change will also ensure that all dishwashers are held to the appropriate minimum
energy standard for theirintended class, and that Federal definitions for making dishwasher class distinctions are rational. We therefore propose that the Department's definition ofstandard 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 ofeight (8) or more place settings.

"Place settings shall be in accordance with Appendix C to Subpart Bof 10 CFR part 430. [2.6.2]."

The Departmentproposes 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 consistentwith the current test procedure's requirement that an eight place settingload plus six serving pieces be used in dishwashers with
water heating capabilities for tests ofthe

### Federal Register 

### IVol. 64. No. 187

### ITuesday. September 28. 1999

### I Proposed Rules 

### 52253

normal cycle at temperatures below 140°F. Thus. ifthis change is adopted. the manufacturers ofeight place setting capacity dishwashers would still be held to the same test required ofall standard dishwashers.

Because the new definitions will change the size classifications for some dishwashers. models manufactured after the effective date ofthis rulemaking
must meet the energy standard designated for their new size category. For example. underthe 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 ofhandlingthe eight place setting plus six servingpiece 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 TestingRepeatability

The Departmentproposes 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 ofthe 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 ofthe last rinse operation."

• The Departmentproposes that the tolerance for the ambient temperature in testing conditions be tightened from the
current range ofbetween 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 dishwasherrunning the normal cycle with an 8 piece load. NIST tests found that the average total energy consumption ofdishwashers tested at 85 OF ambient would be 17.6 percent lowerthan dishwashers tested at 70 OF ambient. We feel this is a significant percentage ofvariation which should be reduced bynarrowing the allowable temperature range for testing. This change would also be consistent with AHAM performance tests. whichmust be conducted in the temperature range of75 ±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 Ambientandmachine temperature. Using a temperature measuring device as specified in 3.1 ofthis Appendix, maintain the room ambient air temperature at 75±5°F, and ensurethat the dishwasher and the test load are at room ambient temperature at the
start ofeach test cycle."

• The Departmentproposes to incorporate more detailed requirements for test chamber installation.

Currently. there are no installation instructions inthe eventthat the manufacturer does not specify them. The test chamberprovides an insulating effect which simulates undercounter conditions and reduces heat loss to the environment, thereby increasing the overall energy performance. In an effort
to improve the consistency oftest results among laboratories. DOE
proposes to add more detailed instructions to the dishwasher test procedure. using the wordingproposed 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 mustbe tested in a rectangular enclosure constructed ofnominal 0.374 inch (9.5 mm) plywood painted black. The enclosure must consist ofa top, a bottom. a back, and two sides. Ifthe dishwasherincludes a countertop as part of the appliance, omit the top ofthe enclosure

. Bring the enclosure into the closest contact with the appliance that the configuration of the dishwasherwill allow."

• The Departmentproposes that manufacturers include a preconditioning cycle as partofthe test procedure prior to running the test cycle. We are aware that it is a common industrypractice 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, whichbetter approximates normal household conditions. Without this preconditioning cycle. the dishwasher

consumes more water in the first fill thanunder normal operation As a result. we believe this step should be included as part ofthe test procedure in orderto improve consistency among laboratories.

• DOE proposes to introduce a new section. Section 3 "Instrumentation" to consolidate all measurement specifications andto 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 iteasier to identifythe instrumentation requirements and will eliminate the needto 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 ofacceptable 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 calculationfor these two cases is identical.



### D. Corrections to LastPublishedRule

• 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 of240 volts." "electrical" was misspelled. Both are corrected inthe amended test procedure.

• The Departmentproposes to remove language specific to dishwashers manufactured before 1994.

In the lastpublished dishwasher test procedure. we set a date. May 14. 1994. priorto which all dishwashers were required to be equipped with an option
to dry without heat. However. for dishwashers manufactured on or after

### 52254 Federal 

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

May 14, 1994, the sole requirement is that all dishwasher models meetthe minimum energy standard. Therefore, since language specific to dishwashers manufactured before 1994 is no longer meaningful, the Departmentproposes 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 currenttest procedure references the AHAM DW-1 publication for the specifications ofthe test load without stating what "AHAM" stands for. Therefore, to clarify the source ofthe publication, we propose to introduce the following definition: "'AHAM'

means the Association ofHome Appliance Manufacturers."



### E. Re-Testing SOil-SensingDishwasher Models With New Test Procedure

Based on ourdiscussions with industryrepresentatives, weunderstand that soil-sensing dishwashers represent

a small portion ofthe 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 oftests to determine whether to alter the minimum energy conservation standards currently in effect for dishwashers, However, oncethe new test procedure takes effect (30 days) after the publication ofthe final rulemaking, all manufacturers must retest and rate soil-sensor models such that all representations are based onthe

new test procedure, effective 180 days after it becomes applicable. Theymust 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 withthat standard, using thetestprocedure in effect atthat time.

III. Procedural Requirements

A. 

### Review Under theNational EnvironmentalPolicyActof

### 1969

Inthis proposed rule, the Department proposes amendments to test procedures that maybe usedto implementfuture 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 underthe National Environmental Policy Act of 1969 (NEPAl. 42 U.S.C. 4321 

### etseq. The proposed rule is covered by Categorical Exclusion A5, for rulemakings that interpret or amend anexisting rule without changing the environmental effect, as set forth in the Department's NEPA regulations in Appendix A to Subpart 

### 0, 10 CFR part 1021. This proposedrule will not affect the quality

ordistribution ofenergy usage and, therefore, will not result in any environmental impacts. Accordingly, neither an environmental impact
statement nor an environmental
assessment is reqUired.

B. 

### Review UnderExecutive Order 12866, "RegulatoryPlanningandReview"

Thisregulatory 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 underthe Executive Orderby the Office ofInformation and Regulatory Affairs.



### C. Review Under theRegulatory FlexibilityActof

### 1980

The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, requires that an agency prepare aninitial regulatory fleXibility analysiS for anyrule, for which a general notice ofproposed rulemaking is reqUired, that would have

a significant economic effect on small entities unless the agencycertifies that the proposed rule, ifpromulgated, will
not have a significant economic impact

on a substantial number ofsmall 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 dishwashertest 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 ofsmall entities," and the preparation ofa regulatory fleXibility analysis is not warranted.

D. 

### "Takings"AssessmentReview

DOE has determined pursuantto Executive Order 12630, "Governmental Actions and Interference with ConstitutionallyProtected Property Rights," 53 FR 8859 (March 18, 1988), that this regulatory proposal, ifadopted, would notresult in any takings which mightrequire 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 otherpolicy actions be reviewed for any substantial direct effects on States, onthe relationship between the Federal Government and the States, or on the distribution of
power and responsibilities among various levels ofGovernment. Ifthere

are substantial direct effects, thenthis Executive OrderreqUires 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 ofa Federalism assessment is unnecessary.


### F. Review Under the Paperwork ReductionAct

No new information orrecordkeeping requirements are imposed by this proposed rulemaking. Accordingly, no OMB clearance is required underthe Paperwork Reduction Act, 44 U.S.C. 3501 et

### seq. 

### C. Review UnderExecutive Order 12988, "CiviljusticeReform"

With respect to the review ofexisting regulations and the promulgation of

newregulations, 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) ofthe Executive Order specifically requires that Executive agencies make every reasonable effort to

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

## 52255

ensure that the regulation: (1) Clearly specifies the preemptive effect. ifany; (2) clearly specifies any effect on existing Federal law orregulation; (3) provides a clear legal standard for affected conduct while promoting simplification and reducing burdens; (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 issuedby the Attorney General. Section 3 ofthe Executive Orderrequires Executive agencies to review regulations in light ofapplicable standards in sections 3(a) and 3(b) to determine whetherthey are met or it is unreasonable to meet one or more of them.

The Departmentreviewed today's proposed rule underthe standards of Section 3 ofthe Executive Order and determined that, to the extent permitted by law. itmeets the requirements of those standards.

H. 

### Review Under the Unfunded Mandates ReformActof1995

Section 202 ofthe Unfunded Mandates Reform Act of 1995 ("Unfunded Mandates Act") requires thatthe Department prepare a budgetary impact statement before promulgating a rule that includes a Federal mandate that mayresult in expenditure by state. local. and tribal governments. in the aggregate. or by the private sector, of $100 million or more in anyoneyear. The budgetary impact statement must include: (i) Identification ofthe Federal law underwhichthe rule is promulgated; (ii) 

### a qualitative and quantitative assessment ofanticipated
costs and benefits ofthe Federal mandate and an analysis ofthe extent to which such costs to state. local. and tribal governments maybe paid with Federal financial assistance; (iii) if feasible. estimates ofthe future compliance costs and ofany disproportionate budgetary effects the mandate has onparticularregions. 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 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 inthe aggregate or to the private sector. Therefore. the reqUirements ofSections 203 and 204 of the Unfunded Mandates Act do not applyto this action.



### /. Review Under the Plain Language Directives

Section 1(b)(12) ofExecutive Order 12866**requi~es** 

### that each agency shall draft its regulations to be simple and easy to understand. withthe goal of minimizing the potentialfor uncertainty and litigation arising from such uncertainty. Similarly. the Presidential memorandum ofJune 1. 1998 (63 FR 31883) directs the heads ofexecutive departments and agencies to use. by January 

### 1. 1999. plainlanguage in all proposed and final rulemaking documents published inthe Federal Register. unless the rule was proposed before that date.

Today'sproposed rule uses the following general techniques to abide by Section 1(b) (12) ofExecutive Order 12866 and the Presidential memorandum ofJune 1. 1998 (63 FR 31883):

• Organization ofthe material to

serve the needs ofthe readers (stakeholders)

.

• Use ofcommon. everyday words in short sentences.

• Shorter sentences and sections. We invite your comments on howto make this proposed rule easier to understand. 

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

Section 654 oftheTreasury and General Government Appropriations Act. 1999 (pub. L. 

### No. 105-277) requires Federal agencies to issue a Family Policymaking Assessment for any proposedrule or policy that may affect family well-being. Today's proposal would not have any impact onthe autonomy or integrity ofthe family as

an institution. Accordingly. DOE has concluded that it is not necessary to prepare a Family Policymaking Assessment.

IV. Public Comment

A. 

### Written CommentProcedures

The Department invites interested persons to participate in the proposed rulemaking by submitting data.
comments. or information withrespect to the proposed issues setforth in today's proposedrule to Ms. Barbara Twigg. at the address indicated at the beginning ofthis notice. We will consider all submittals received by the date specified at thebeginning ofthis notice indeveloping the final rule. According to 10 CFR 1004.11. any person submittinginformation that he

or she believes to be confidential and exemptby lawfrom public disclosure should submit one complete copy ofthe document and ten (10) copies. if possible. from which the information believed to be confidential has been deleted. The Department ofEnergy will make its own determination with regard
to the confidential status ofthe information and treat it according to its determination.

Factors ofinterest to the Department when evaluatingrequests 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 withinthe industry; (3) whetherthe information is generally known by or available from other sources; (4) whether the information has previously beenmade available to others without obligation concerning its confidentiality; (5) an explanation ofthe 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 oftime; and (7) why disclosure ofthe information would be contrary to thepublic interest.



### B. Public Workshop

1. Procedures for Submitting Requests To Speak

You will find the time and place of the publicworkshop listed at the beginning ofthis notice ofproposed rulemaking. The Department invites any person who has an interest in today's notice ofproposed rulemaking. orwho is a representative ofa group or class of
persons that has an interest in these proposed issues. to make a request for

an opportunityto make an oral presentation. Ifyou would like to attend the publicworkshop, please notify Ms. Brenda Edwards-Jones at (202) 586- 2945. You may hand deliver requests to speak to the address indicated at the beginning ofthis notice between the hours of8:00 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 ofa group or class ofpersons. is 

### an appropriate spokesperson. briefly describe the
nature ofthe interest in the rulemaking, and provide a telephone number for
contact.

The Departmentrequests each person selected to be heard to submit an

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

advance copy ofhis or her statement at least two weeks priorto the date ofthis workshop as indicated at the beginning ofthis notice. The Department. at its discretion. maypermit anyperson wishing to speak who cannot meet this requirement to participate ifthat person has made alternative arrangements with the Office ofCodes and Standards in advance. The letter making a request to give an oral presentation must ask for such alternative arrangements.

2. Conduct ofWorkshop

The workshop (hearing) will be conducted in an informal. conference style. The Department mayuse a professional facilitator to facilitate discussion. and a court reporter will be present to record the transcript ofthe 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 opportunityto comment on the proceedings at the workshop, as well as on any aspect ofthe rulemaking proceeding.

The Department will arrange for a transcript ofthe workshop and will make the entire record ofthis rulemaking, including the transcript, available for inspection in the Department's Freedom ofInformation Reading Room. Any person may purchase a copy ofthe transcript from the transcribing reporter.


### C. 

### Issues Requestedfor Comment

The Department ofEnergy is interested in receiving comments and/or data concerningthe feasibility, workability. and appropriateness ofthe
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 ofwater energy consumed in pretreatment (kW);

(3) The degree ofcleanliness ofpretreated 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) Anydishwashers adversely affected by changing the definitions of compact and standard models; and (7) any soil-sensing dishwashers adversely affected bythe new test procedure.

These data will help us to selectthe percentages reflecting how often dishwashers encounter well-rinsed or soiled loads.

List ofSubjects in 10 CFR Part 430

Administrative practice and procedure. Energy conservation. Household appliances.

Issued inWashington. DC. on September 20. 1999.
Dan W. Reicher,
AssistantSecretary. EnergyEfficiencyand RenewableEnergy.

Forthereasons set forth inthe preamble. the Department proposes to amend Part 430 ofChapter II ofTitle 10, Code ofFederal Regulations, to read as follows.

PART 430-ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

1. The authority citation for Part 430 continues to readas follows:

Authority: 42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.

2. Section 430.23 ofSubpart B is amended byrevising the section heading. and paragraph (c) to read as follows:

§430.23 Test procedures for the measurement ofenergy 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 orwhen cold
water (50 OF) is used-

(A) Fordishwashers having a truncated normal cycle as defined in 1.10 ofappendix Cto 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 of264 cyclesperyear, De=the representative average unit cost ofelectrical energyin dollars per kilowatt-hour asprovided by the Secretary. Mn=the total machine electrical energy consumption per-cycle for the normal cycle as defined in 1.5 of Appendix Cto this subpart. in kilowatt-hours and determined according to 5.1 ofAppendix C to this subpart. Mt=the total machine electrical energy consumption per-cycle for the truncated normal cycle as defined in 1.10 ofAppendix C to this subpart, inkilowatt-hours and determined according to 5.1 of Appendix C to this subpart. (C) You mustround offthe resulting estimated annual operating cost to the
nearest dollarperyear.

(ii) When gas-heated or oil-heated
water is used:

(A) For dishwashers haVing a truncated normal cycle as defined in 1.10 ofAppendix C to this subpart. EAOCt=N x [(De X 0.5(Mn+Mt))+(Ow X 0.5(Wn +W t ))], 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) ofthis section. Dw=the representative average unit cost in dollars perBtu 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 ofappendix Cto this subpart, in Btus and determined according to 5.3 ofappendix Cto this subpart. Wt=the total water energy consumption
per cycle for the truncated normal cycle as defined in 1.10 ofappendix C to this subpart, in Btus and determined according to 5.3 of appendix Cto this subpart. (C) You must round offthe resulting estimated annual operating cost to the
nearest dollarperyear.

(2) The energyfactor for dishwashers, expressed in cycles perkilowatt-hour is defined as:

(i) For dishwashers not having a truncated normal cycle, as defined in 1.10 ofAppendix C to this subpart. the reciprocal ofthe total energy consumption per cycle for the normal cycle in kilowatt-hours per cycle, determined according to 5.5 ofappendix C to this subpart. and

(ii) For dishwashers having a truncated normal cycle, as defined in 1.10 ofappendix Cto this subpart, the reCiprocal ofone-halfthe sum of-

(A) The total energyconsumption 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 ofappendix Cto this subpart.

(3) Other useful measures ofenergy consumption for dishwashers are those which the Secretary determines are likely to assist consumers in making purchasing decisions and which are

### 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 ofPart 430 is revised to read as follows: 

### Appendix Cto Subpart B ofPart 430- Uniform Test Method for Measuringthe Energy Consumption ofDishwashers

1. Definitions

1.1 AHAMmeans the Association of Home Appliance Manufacturers.

1.2 Conventional dishwashermeans a dishwasher that does not have a mechanism
to adjust the cycle andlor number ofwash or rinse operations based on the soil load ofthe dishes.

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 onthe dishwasher priorto the initiation ofmachine operation.

I.S Normal cyclemeans the cycle type recommended by the manufacturer for completely washing a full load ofnormally soiled dishes includingthe 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 Sensornormal cycle means the range ofoperations in a soil-sensing dishwasher that constitutes the cycle type recommended bythe manufacturer for completely washing

a full load ofnormally soiled dishes includingthe power-dryfeature.

1.8 Sensor truncatednormal 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 dishwashermeans a dishwasherthat has a mechanism to adjust the cycle andlor number ofwash orrinse operations based onthe soil load ofthe dishes.

1.10 Truncated normal cycle means the normal cycle preset to eliminate the powerdry feature after the termination ofthe last rinse operation.

1.11 Waterheating dishwashermeans 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 ofthese inlet water temperatures by providing internal water heating to above 120 OF in at least one wash phase ofthe normal cycle.

2. Test Conditions

2.1 Installation ReqUirements. Install the dishwasher accordingto 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.S mm) plywood painted black. The enclosure must consist of

a top, a bottom, a back, and two sides. Ifthe dishwasher includes a countertop as part of the appliance, omitthe top ofthe enclosure. Bring the enclosure into the closest contact with the appliance that the configuration of the dishwasherwill allow.

2.2 Electrical energysupply. 2.2.1 Dishwashers thatoperate with an electrical supplyof115volts. Maintain the electrical supplyto the dishwasherwithin
two percent of liS volts and within one percent ofthe nameplatefrequency as specified bythe manufacturer.

2.2.2 Dishwashers that operate with an electrical supplyof240 volts. Maintain the electrical supplyto the dishwasher within
two percent of240 volts and within one percent ofits nameplatefrequency as specified by the manufacturer.

2.3 Water temperature. Measure the temperature ofthe water supplied to the dishwasher using a temperature measuring device as specified in 3.1 ofthis Appendix.

2.3.1 Dishwashers to be testedata nominal 140 OFinletwater temperature. Maintain the water supplytemperature at 140±SoS.

2.3.2 Dishwashers to be testedata nomina1120 ofinletwater temperature. Maintain the water supplytemperature at 120±2°F.

2.3.3 Dishwashers to be testedata nominal 50

### ° Finletwater temperature. Maintainthe water supplytemperature at SO ±2 OF.

2.4 Waterpressure. Using a water pressure gauge as specified in 3.3 ofthis Appendix, maintain the pressure ofthe water supply at 3S ± 2.5 pounds per square inch
gauge (psig).

2.S Ambientandmachine temperature. Using a temperature measuring device as specified in 3.1 ofthis 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 ofeachtest cycle.

2.6 Load. 2.6.1 Conventional dishwashers to be testedata nominalinlet temperature of 1400F. These units mustbe tested onthe normal cycle without a test load.

2.6.2 Conventional dishwashers to be testedata nominalinlet temperature of500F

or 1200F. These units must be tested on the normal cycle with a test load ofeight place settings plus six serving pieces, as specified in Section 6 ofAHAM Standard OW-I. Ifthe capacity ofthe dishwasher, as stated bythe manufacturer, is less than eightplace settings, then the test load must be the stated capacity.

2.6.3 Soil-senSing dishwashers to be testedata nominalinlet temperature of 1400F. These units must be tested on the

sensor normal cycle, as defined in 1.7 ofthis Appendix, without a test load.

2.6.4 Soil-sensing dishwashers to be tested ata nominal inlet temperature of500F

or 1200F. These units must be tested onthe

sensor normal cycle, as defined in 1.7 ofthis Appendix, with a testload of eight place settings plus six serving pieces, as specified in section 6 ofAHAM Standard OW-I. Ifthe capacity ofthe dishwasher, as stated bythe manufacturer, is less than eight place settings, thenthe test load must be the stated capacity. 2.7 Testing requirements. Provisions in this Appendixpertainingto dishwashers that operate with a nominal inlettemperature of SO OF or 120 OF apply onlyto 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 ofthis 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 ofthe
pump are primed.

3. Instrumentation

3.1 Temperature measuringdevice. The device must have an error no greater than ±I OF overthe range being measured.

3.2 Watermeter. The water meter must have a resolution ofno larger than 0.1 gallons and a maximum error no greater than I.S percentfor all water flow rates from oneto five gallonsper minute and for all water temperatures encountered inthe test cycle.

3.3 Waterpressuregauge. The water pressure gauge must have a resolution ofone pound per square inch (psi) and must have

an error no greater than S percent ofany measured value over the range of3S ± 2.S psig.

3.4 Watt-hour meter. The watt-hour meter
must have a resolution ofno greater than I watt-hour and a maximum error ofno more than I percent ofthe measured value for any demand greater than SO watts.

4. Test Cycle and Measurements

4.1 Test cycle. Perform a test cycle by establishingthe testing conditions set forth in section 2 ofthis Appendix, settingthe dishwasherto 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 supplytemperature as set forth in 2.3 ofthis 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 ofthis 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 supplytemperature as setforth in 2.3 ofthis Appendix and using a watt-hour meter

as specified in 3.4. Ifa 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 ofgallons delivered to the

### 52258 Federal 

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

dishwasher during the entire test ofthe normal cycle. using a water meter as specified in 3.2 ofthis Appendix.

4.3.2 Soil-sensing dishwashers only. Measure the minimum water consumption. VMin. specified as the number ofgallons delivered to the dishwasher during the

sensor normal test cycle. using a water meter

as speCified in 3.2 ofthis Appendix. Measure the maximum water consumption. Vrnax

. specified as the number ofgallons delivered
to the dishwasher during the maximum

sensor normal test cycle. using a water meter

as specified in 3.2 ofthis Appendix.

4.4 Report values. You mustreport the electrical energy consumption and water consumptionvalues for the machine. as measured.

5. Calculation ofDerived 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 ofthe normal

or sensor normal cycle and Mtto represent the resulting value. M. for a test ofthe truncated normal or sensortruncated normal cycle.

5.1.1 Conventional dishwashers only. For each test cycle {normal ortruncated 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 ofresidential 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 consumptionpercyclefor soi1- sensingdishwashers only. For each test cycle {sensor normal or sensortruncated normal}. calculatethe 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 ofresidential dishwasher

owners thatpre-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 ofresidential dishwasher

ownersthat do not pre-treat dishes = 0.30. 5.3 Water energy consumptionpercycle for dishwashers usingelectricallyheated
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 resultingvalue. We. for

a test ofthe normal or sensor normal cycle andWet to representthe resultingvalue. We. for a test ofthe truncated normal or sensor truncated normal cycle.

5.3.1 Dishwashers thatoperate with a nominal 140 ofinletwater temperature, only.

5.3.1.1 Conventional dishwashers. For each test cycle, calculate the water energy consumption, We. expressed in kilowatthours percycle and defined as: We=VxT"xK where, V=reported water consumption in gallons per cycle;as measured in 4.3.1 ofthis Appendix. T"=nominal waterheater temperature rise=90 OF. K=specific heat ofwater 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 ofthis Appendix. T"=nominal waterheater temperature rise=90 OF. K=specific heat ofwater inkilowatt-hours
per gallon per degree Fahrenheit=0.0024. 5.3.2 Dishwashers thatoperate with a nominal inletwater temperature of120 ° F. 5.3.2.1 Conventional dishwashers. For eachtest cycle. calculate the water energy consumption. We. expressed inkilowatthours per cycle and defined as: We=VxT'xK where. V=reported water consumption in gallons per cycle, as measured in 4.3.1 ofthis Appendix. T'=nominal water heater temperature rise=70 OF. K=specific heat ofwater in kilowatt-hours
per gallon per degree Fahrenheit=0.0024. 5.3.2.2 Soil-sensing dishwashers. For eachtest 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 ofthis Appendix. T'=nominal waterheatertemperature rise=70 OF. K=specific heat ofwater in kilowatt-hours
per gallon per degree Fahrenheit=0.0024. 5.4 Water energy consumptionpercycle usinggas-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 resultingvalue. Wg. for a test ofthe normal

or sensor normal cycle and Wgt to represent the resulting value. Wg. for a test ofthe truncated normal or sensortruncated normal cycle.

5.4.1 Dishwashers thatoperate with a nominal 140 ofinletwater temperature, only.

5.4.1.1 Conventional dishwashers. For eachtest cycle, calculate the water energy consumptionusing 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 ofthis Appendix. T"=nominal waterheater temperature rise=90 OF. C=specific heat ofwater in Btus per gallon
per degree Fahrenheit=8.20. e=nominal gas or oil waterheater recovery efficiency=O.75. 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 ofthis Appendix. T"=nominal waterheater temperature rise=90 OF. C=specific heat ofwater in Btus per gallon
per degree Fahrenheit=8.20. e=nominalgas or oil waterheater recovery efficiency=0.75. 5.4.2 Dishwashers thatoperate with a nominal inlet water temperature of120 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 ofthis Appendix. T'=nominal water heatertemperature rise=70 OF. C=specific heat ofwater in Btus per gallon
per degree Fahrenheit=8.20. e=nominal gas or oil waterheaterrecovery efficiency=0.75. 5.4.2.2 Soil-sensing dishwashers. Calculate for the cycle type under test the
water energy consumptionpercycle using
gas heated or oil heated water. Wg

. expressed inBtus per cycle and defined as: Wg=V x T'x C/e. where
V is calculated in 5.2 ofthis Appendix. T'=nominal waterheater temperalure rise=70 OF. C=specific heat ofwater in Btus per gallon per degree Fahrenheit=8.20. e=nominal gas or oil waterheater recovery efficiency=0.75. 5.5 Total energy consumptionpercycle. Foreach test cycle. calculate the total percycle energy consumption. E. expressed inFederal Register/Vol. 64, No. 187/Tuesday, September 28, 1999/Proposed Rules 

### 52259

kilowatt-hours percycle. and defined as the

sum ofthe per-cycle machine electrical
energy consumption. M. plus the per-cycle
water energy consumption ofelectricallyheated water. W. calculated for the cycle type. according to 5.1 and 5.3 respectively.

4. 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. 

### * * * 

## * *

(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 ofproposed rulemaking (NPRM).

SUMMARY: This document proposes the adoption ofa 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 ofStage 2 high pressure turbine (HPT) aft cooling plates. for nicks. dents. and scratches. and ifpresent. dimensional inspection ofindentation depth. repair ifindentation is within acceptable limits. and. ifnecessary. replacement with serviceable parts. This AD would also require inspection ofthe Stage 2 HPT rotor disk post aft surface which
mates with the Stage 2 HPT aft cooling plate, for raised metal andremoval of the raised metal. ifpresent. This proposal is prompted by reports of dented Stage 2 HPT aft cooling plates which occurred during the assemblyof the cooling plate to the Stage 2 disk due
to raised metal onthe 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 ofthe Regional Counsel. Attention: Rules Docket No. 99-NE-39- AD. 12 New England Executive Park, Burlington. MA 01803-5299. Comments
may also be sentvia theInternet using the following address: "9-aneadcomment@faa.gov". Comments sent viathe Internet must containthe docket number inthe subject line. Comments may be inspected at this location between 8:00 a.m. and 4:30 p.m

... Mondaythrough Friday. except Federal holidays.

The service informationreferenced in the proposed rule maybe 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 maybe examined at the FAA, NewEngland 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 ofthe 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 onor 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 ofthe comments received. Comments are specificallyinvited 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 ofthis proposal will be filed inthe Rules Docket.

Commenters wishingthe FAA to acknowledge receipt oftheir comments submitted in response to this notice
must submit a self-addressed. stamped postcard onwhich the following
statement is made: "Comments to DocketNumber 99-NE-39-AD." The postcard will be date stamped and returned to the commenter. Availability ofNPRMs

Anyperson may obtain a copy ofthis NPRM by submitting a request to the FAA, New England Region. Office ofthe 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 ofcertain Stage 2 high pressure turbine (HPT) aft cooling plates. installed on CFE CompanyModel CFE738-1-lB turbofan engines. that were dented during the assembly ofthe cooling plate to the stage 2 disk due to raised metal on the aft mating face ofthe Stage 2 HPT rotor disk post. During the assembly ofthe high-pressure turbine rotor. the Stage 2 disk is restrained with a special tool fixture. Ithas 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 deeperthe dentin the cooling plate. The fixture has beenrepaired to preventfurther

occurrences and engines which may be effected bythis 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 partcyclic life. This condition. ifnot corrected. could result in aft HPT cooling plate failure. which could resultin an uncontained engine failure and damage to the airplane.

Service Information

The FAA has reviewed and approved the technical contents ofCFE Alert