### 26143 

# Proposed Rules

This section of the FEDERAL REGISTER contains noes to the pubic of the proposed issuance of rules and regulation The purpose of those notices Is to give Interested persons an oppOfhmity to papcipate in the rule making prior to the adoption of the final rules. PUBUC HEARa1G TO BE HEIO Ar. Room IE-245, Forrestal Building, 1000 Independence Avenue SW., Washington, D.C. 20585 at 9:00 a.m. FOR FURTHER INFORMATION CONTACT: Michael J. McCabe, U.S. Department of Energy. Office of Conservation and 

### Renewable Energy, Test and Evaluation

-DEPARTMENT OF ENERGY

Office of Conservation and Rerwatable Energy

10 CFR Part 430

[Docket No. CE-RU-82-1301

Energy Conservation Program for Consumer Products; Test Procedures for Dishwashers; Public Hearing

AGENCY: Office of Conservation and Renewable Energy, DOE.

ACTION: Proposed rule.

SUMMARY: The Department of Energy hereby proposes to amend its test procedures for dishwashers to order to accurately determine the estimated annual operating cost and the energy factor for "warm water" dishwashers that operate with 120'F inlet water and to revise the representative average-use cycle to reflect current consumer use. These test procedures are a part of the energy conservation program for consumer products established pursuant to the Energy Policy and Conservation Act, as amended by the National Energy Conservation Policy Act Among other
program elements

, the legislation requires that standard methods of testing be prescribed for covered products.

DATE: Written comments in response to this notice by August 18, 1982; requests to speak at the public hearing by July 14, 1982; speakers to be notified by July15. 1982; statements by July 18. 1982; public hearing to be held on July 21. 19= at 9:00 a.m.

ADDRkSSEC Written comment

, requests to speak at the public hearing, and 15 copies of statements ke U.S. Department ofEnergy, Office of Ceoserve oa said Renewable Energy

, Office of Hearings and Dockets

, Dishwasher Test Procedure. Docket No. C9-RM

-a8-SSB, Mail Station 68-024, Rood 6P-W0 Forrestal Buikling

, 1000 Indepeadeios Avenue, SW., Washington

, D.C. 866$6. Branch, Room GH-088, Mail Station CE113.1, Forrestal Building, 1000 Independence Avenue SW., Washington, D.C. 20585, (202) 252-9127. U.S. Department of Energy, Office of Conservation and Renewable Energy, Office of Hearings and Dockets, Mail Station 68-025, Forrestal Building, 1000 Independence Avenue SW., Washington, D.C. 20585, (202) 252- .9319 Eugene Margolis, Esq., U.S. Department of Energy, Office of General Counsel, Roam 6B-128, Mail Station GC-33, Forrestal Building, 1000 Independence Avenue SW., Washington. D.C. 20585, (202)252-9510.
SUPPLEMENTARY INFORMATION: 

### A. Badegroeed
On October 1. 1977. the Department of Energy (DOE) assumed the authority of the Federal Energy Administration (FEA) for the energy conservation program for consumer products, under Section 301 of the Department of Energy Organization Act'(DOE Act) (Pub. L 95- 91). The energy conservation program for consumer products was established by FEA pursuant to Title UL Part B of the Energy Policy and Conservation Act (Act) (Pub. L 94-183). Subsequently, the Act was amended by the National Energy Conservation Policy Act (NECPA) (Pub. L 0-819). References in this notice to "the Act", or to sections of the Act, refer to the Boom Policy and Conservation Act as amended by NECPA. Section $ (42 U.S.C. 8293) of the Act requires that standard methods of testing be prescribed for covered products. Test procedures appear at 10 CFR Part 430, Subpart B. Test procedures for dishwashers were prescribed on August :1.1977 (42 FR 39984, August 8, 1977), DOE amended the energy conservation program for consumer products by notice issued September 2& IM (45 FR 14106. September 2% 29" so that the Assistant Secretary for Conservation and Solar Energy (now called Conservation and Renewable Energy) can temporarily waive test procedure Federal Register

Vol. 47, No. 117

Thursday, June 17. 1982

requirements for a particular covered product

. Waivers can be granted when design characteristics for the particular product either prevent testing of the product according to prescribed test procedures

, or lead to results so unrepresentative of the product's true energy consumption characteristics as to provide materially inaccurate comparative data to consumers. Accordingly, 10 CFR 430.27(h) states:

Within one year of the granting of any waiver

, the Department of Energy will publish in the Federal Register a notice of proposed rulemaking to amend its regulations so as to eliminate any need for the continuation of such waiver

. As soon thereafter as practicable

, the Department of Energy will publish a final mile

. Such waiver will terminate on the effective date of such final rule.

Dishwashers

.are generally designed to operate with 140°F inlet water. The test procedures prescribed by DOE are dased on dishwashers using 140°F inlet
water. Three manufacturers

, who make "warm water

" dishwashers, i.e., dishwashers that use 120°F inlet water, requested DOE to exclude these dishwashers from the prescribed test procedures. The Hobart Corporation (Hobart) filed an application for exception with the DOE Office of Hearings and Appeals (OHA) on September 5,1979 for its Model KD-19 dishwasher

. Hobart claimed : (1) The Model KD

-19 dishwasher has unique design features so that 120°F inlet water can be used; and (2) testing this dishwasher with 120'F inlet water would reduce the estimated annual operating cost from $71 to $64. OHA granted an exception to Hobart on February 28, 1960. Norris Industries (Norris) applied to the Assistant Secretary for Conservation and Renewable Energy for a test waiver and on July 2

, 1961 the Secretary granted the waiver for its LER Series dishwahser (48 FR 3571

.9, July 10

, 1961). The dishwasher is designed to use 120°F inlet water, too. The General Electric Company (GE) applied for a test waiver for its 'T' ser ies dishwasher which uses 120'F inlet water

. DOE published the GE 'Petition fat Waiver' in the Federal Register on March 2

, 1982 (47 FR 8813). 

### Upon receiving the petitions from Hobart

. Norris, and GE. DOE directed the National Bureau of Standards (NBS) to investigate the manufacturers' claims that the prescribed test procedures do 

# Proposed Rules

This .action d the FEDERAl REGISTER contains noticeS 

### to the public 01 tNt proposed tuuance of rules and regulatlonl. The purpoee d 

### tnese noticeS Is 

### to 

### five Interested 

### persons an opportunity to**~pate** in the rulG making prior to the adoption of the final rules.



### 1>EPARTMENT OF ENERGY

Office of ConservatiOn and Ret

...... Energy

10 CFR Part 430

[Docket No. CE-RU-82-1JO]
Energy Conservation Program for Consumer Products;Test Procedures for Dishwashers; PldJlic Hearing

AGENCY: Office 

### ofConservation 

### and Renewable Energy. 

### OOE.

ACTION': Prop{lsed rule.

SUMMARY:TheDepartment ofEnergy hereby proposes to amend its test procedUl'e!l 

### for dishwashers in orderto accurately determine 

### the estimated annual operating 

### cost and the energy factor for "wann water" dishwallhel'8 that operate 

### with 12O"Finlet water and
to revise the representative average-use cycle to reflect current consumerme. ' These testprocedures are a part 

### ofthe
energy conaervation

### program for

consumer products eltablishedpUl'8Uant
to the Energy Policy 

### and Conservation Act. as amended

### by 

### 1M Nati1:mal Energy ConservationPolicy Act. Among other
program elements. the legislation requires that standard method1! of testing beprescribed for covered products.

DATE: Written comment. 

### inresponse to this notice by

## AuBut lB, 1982; requests to speak at the public**~** byJuly 14, 1982; speakers to

### be notified byJuly

### 15. 1982; statements byJuly 16, 1982; public hearing tobe held OIlJuly 

### 21. 198.2. at 9:00 a.m.**A~** Written 

### commen

..requests to apeak at the publichearing. and 15 

### caple. ofstatemeate

### to: U.s. DepartmerJl orEnergy. 

### Office ofQmumUIoa

### ad Renewable 

### F.nergJ. Ofiice

### oflieariall and

### Docbta,**~w""T_** Procedure.

### Ilocbt

### No. CE-RN-a-UD, Mail StatiOll6B-025.1toma

### &141'11. FOfrestal 

### Building. 1000

### Indepe

.... oe Avenue. SW

.. Wallhiopm. D.C.18i85. PUBUC HEARING TO 8& HELD AT: 

### Room 1E-245. Farresta1 

### Bm1ding. 1000 Independence Avenue

### ffW.• Washington. D.C. 20585 

### at 9:00 

### a.m. FOR**~** INf'OIItMATlON COfITACT: Michael

## J. McCabe. U.S. Department of Energy. Office ofConservation and RenewableEnergy. Test andEvaluation Branch. 

### Room 

### GH-068. Mail Station CE113.1. Forrestal Building. 1000 Independence AYemle SW

.. Washington. D.C. m585. (202) 252-9127. 

### U.S. Department ofEnergy. Office of

Conservation and Renewable Energy. Office ofHearings andDockets. Mail Station 

### tm-ms. ForrestalBuilding. 1000Independence Avenue 

### SW.• Washington.D.C. %0585. (202) 

### 252-
.9319 

### Eugene Margolis. Esq.• U.S. Department

ofEnergy.Office ofGeneral Counsel. Roam6B-128, Mail Station GC-33. Forrestal Building. 1000 Independencs Avenue SW.• Washington. D.C. 20585. (202) 252-9510.

SUPPL£M£NT ARY INFORMATION:**A.B~** On October 1, 1977, the Department of Energy (DOE) Uflumed the autbori4' of the FederalEnergyAdminiatratioo (FEA) for 

### the energy cooaervation'
programfor 

### consumer product&. 

### under Section 301 

### Of the DepartmeDl

### ofEDergy OrganizationAd'(DOEAd) (Pub. L 95- 91). fie energy CODBerYation program for COlUJUlllIlr 

### producta waseatabliabed by FEA pul'luantto Title

# m. Part B of the EnergyPolicy 

### and ConservationAct (Act) (Pub. 

### L U4-183). Sub.equently. the Act W8.i 

### amended bytile National Energy CooaervaDoJl Policy Act (NECPA) (Pub. 

### L 1I5-CO). References 

### in this DOtice to "tbe

### Act-, or

### to .ecti.oM of the Act. refer

### to tile

## EaerIJ PaticJ and Conservation

### Ad. ••

### ameaded by 

### NECPA. SectioIl

# aza (4Z 

### U.s.c.6283) of the Actrequires that 

### ItaDdard method. oftestiul 

### be**~** for 

### ClJVered products.TestprocedIlrea a,.,...at 10 CFR Part 430, Subpart

### B.

Test procedures

### far clWIwuben

### were prescribed OD**~** 3. l!I17 (4.2. PR 

### 39964. AItgastII. 1911).**~** 

### amewJed the energy coa.ervatioll pl'(I8raJD 

### b

consumer

### pI'Oducta b7.Jlotice**~** Seplmltberl8, 1910 (45 

### PH. MtOB. Septern.b.- 

### 26. 19ftD)

.,

### tMt the AuistaDtSecretIll'f

### far CoI:uIerntion 

### andSolarEnergy (now called 

### Conaerntian

### IIIId R.enewable BD.rqy)
can 

### temponrilJwaive 

### tieR pI'OC8due 26143

Federal JtsciMer

Vol. 47. No. 117

Thursday. June 17. UI82

reqtrirementl for a particular covered product. WaiTers can 

### be granted when design characteristics for the particular product eitherprevent testing ofthe

. product according to prescribed test

procedures. 

### or lead to results so unrepresentative ofthe product's true energy consumption characteristics as to provide materially inaccurate comparative data to comumers. Accordingly. 10CFR 430.Z7(h) states:

Within one year ofthe granting of any wsiver, the Department ofEnergy will publish in the Federal Register a notice of proposedrnJemaking to amend its regulations

80 asto eliminate any need for the continnation ofauch waiver. AI. .oon thereafter 81 practicable. the Department of Energy will publish • final rule. Such waiver will tenninate on the effective date ofsuch final rule.

Dishwashers.are generally designed to operatewith 14O"F inlet water. The**t~st** proceduresprescribed by 

### DOE are dased on dishwashers using 140"F inlet
water.Three manufacturers. who make ''wannwater" dishwashers. i.e.• dishwashers thatuse 12O"F inletwater. requested 

### DOE to exclude these dishwashers from the prescribed test procedures. The Hobart Corporation (Hobart) filed an application for exception with the

### OOE Office of Hearings and Appeals (OHA) on September 5. 1979 for its Model I<D-19 dishwasher. Hobart claimed: (1) The Model KD-19 dishwasherhas unique design features BO that 12:0"F inlet waler

can beused; and (2) testing this dishwasher with 120"F inlet water would reduce the estimated aMual operating

### cost

### from $71 to $64. OHA granted an exception to Hobart on February 26.1980.

Norris Industries (Norris) applied to the Assistant Secretary for Conaervation and Renewable Energy for a test waiver and on

### July 2. 1981 the Secretary granted the

### waiver

### for ita

### lERSeries dishwahser (46 FR 3571Q, 

## JulJIo. 1981). The dishwasher is designed 

### to use 120°F inlet water, too. The General Electric Company (eE) applied for a test waiver for its 

### !"'J'" Mries dishwasher which uses 120"F 

### iDIetwater. DOE 

### published the GE "Petition'"Watnr'· iD the Federal RePteron 

### Marcb 2. W82 (47 FR 8813).



### Upon receiving the petitions from Hobart, Norris.and GE, OOEdirected the 

### Naticmal Bureau 

### ofStandards (NBS)
to investigate the manufacturers' 

### claims that the prelCribed telt 

### procedurea do

### 26144 Federal Register / Vol. 47, No. 117 / Thursday, June 17

, 1982 / Proposed Rules

not properly determine the energy consumption for warm water dishwashers which use 120°F inlet water. NBS has provided its recommendations to DOE. The Association of Home Appliance Manufacturers (AHAM) and the Procter & Gamble Company (P&G) presented data to DOE that showed that dishwashers are currently being used about 322 times annually. They requested that IOE consider changing the representative annual use cycle from 416 cycles per year to 322 cycles per year. The representative annual use cycle is used to determine the estimated annual operating cost. DOE has evaluated the available usage factor data. NBS documents relevant to this proposed rule and the letters from ARAM and P&G petitioning that DOE consider changing the representative annual use cycle are available for inspection at the DOE Freedom ofInformation Reading Room, Room GA152. Forrestal Building, 1000 Independence Avenue SW., Washington, D.C., between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday. The documents are: 1. Final report, Household Appliance Usage Data, NBSIR 80-1994, March 1980. 2. Milestone report, "Dishwashers with Low Temperature Inlet Water and Water Heater Savings", August 8, 1980. 3. Milestone report, "Test Results for a 

### Dishwasher with Reduced Inlet Water Temperature", February 1981. 4. Letter from Robert L. Holding, Vice President-Federal Relations, of ARAM to Joseph J. Tribble, Assistant Secretary, Conservation and Renewable Energy, of DOE, dated July 20, 1981. 5: Letter from A. J. Fuchs, Product Development Department, of P&G to James A. Smith, Office of Conservation & Renewable Energy, of DOE, dated August 10, 1981. DOE is today proposing to amend the test procedures for dishwashers.

B. Discussion
1. 120°FinJet water temperature Hobart Corporation. In its application for exception to the DOE Office of Hearings and Appeals, Hobart claimed that measuring the energy use of its Model KD-19 dishwasher according to the prescribed test procedures would result in a significant overstatement of the dishwasher's estimated annual operating cost and misrepresent its true
energy cost to consumers. The prescribed test procedures base the estimated annual operating cost on dishwashers using 140°F inlet water. This determines the temperature rise, provided by the water beater, to be 90°F. Hobart claimed that because of certain unique technological innovations incorporated into its Model KD-19 dishwasher, the dishwasher can operate satisfactorily with inlet water of 120°F. A feature of the dishwasher is a thermostatically controlled water heating element. Thus, Hobart contended that in computing the estimated annual operating cost for dishwashers which use 120°F inlet water, the temperature rise should be set at 70°F and the actual water supply temperature should be maintained at 120°F. A hearing was conducted by OHA on October 25. 1979 to discuss the relative merits of Hobart's application. Representatives of GE, Norris, Whirlpool Corporation (Whirlpool), and The Maytag Company (Maytag), all dishwasher manufacturers, presented arguments regarding Hobart's application. Representatives of the Federal Trade Commission (FTC) and the DOE Consumer Products Efficiency Branch also participated in the hearing. On April 28, 1981, [45 FR 31343, June 15, 1981), OHA granted Hobart's request for exception for its Model KD-19 dishwasher. 

### Provisions in the exception included: 1. Hobart shall test the Model KD-19 dishwasher with the water inlet temperature maintained at 120°F. 2. The derived results shall be based on a 70°F temperature rise. 3. Hobart is required to disclose, in making representations respecting measures of energy consumption, the amount the estimated annual operating cost would increase if the Model KD-19 dishwasher would be operated at the 140°F inlet water temperature rather than 120°F, in addition to being permitted to use the results of a test using 120°F water inlet temperature. Norris Industries. In its petition, Norris contended that its LER Series dishwasher cannot be adequately tested by the prescribed test procedures. The LER Series dishwasher has a "steam generator" design feature which is not covered in the prescribed test procedures. Norris claimed that this feature allows the LER Series dishwasher to operate at a lower inlet water temperature than the 140°F temperature prescribed. Thus, the existing test procedures misrepresent the energy cost to consumers by overestimating the estimated annual operating cost. DOE received comments from the following manufacturers of dishwashers: GE. Hobart, Whirlpool, and Maytag. 

### In consideration of the Norris petition, DOE, by decision and order prescribed on July 2, 1981 (46 FR 35719, July 10, 1981), excluded the LER Series diswasher from the prescribed test procedures. This waiver remains in effect until DOE prescribes final test procedures suitable to the LER Series dishwasher and, in any event, expires one year from issuance. Furthermore, within one year from issuance, DOE must publish in the Federal Register a notice of proposed rulemaking appropriate to the Norris LER Series dishwasher. Today's proposed test procedures for dishwashers satisfies this requirement. General Electric Corporation. GE has filed a petition for waiver for its "T" Series dishwashers because the prescribed test procedures result in materially inaccurate estimates of the dishwashers' energy consumption. The "T" Series dishwasher is designed to operate with 120°F inlet water temperature. GE claims that the test procedure requirement of 140°F inlet - water, which results in a 90°F temperature rise, tends to overestimate the estimated annual operating cost of the "T" Series and other dishwashers which can use 120°F inlet water. DOE published the GE petition in the Federal Register on March 2, 1982 (47 FR 8813) to solicit information to assist DOE in determining whether a test procedure waiver should be granted. Comments form Hobart and Norris were received. A final decision and order in the matter has not been issued at this time. Rationale for proposed rule. DOE has directed NBS to recommend proposed test procedures that are applicable to warm water dishwashers using 120`F inlet water, Today's proposed amendments incorporates NBS's recommendations and allow a 50 percent credit for dishwashers that can use 120'F inlet water. The 50 percent credit is analogous to the 50 percent credit allowed for dishwashers with a power-dry feature. Hobart, Norris and GE advocates that a 100 percent credit be allowed for dishwashers using 120°F inlet water temperature. These dishwashers can
save energy if consumers will reduce the thermostat setting on their water heaters. However, DOE does not have any data to indicate that consumers will reduce the water heater thermostat setting. DOE is interested in receiving comments, data and viewpoints concerning whether a 100 percent credit or a credit of lesser amount should be prescribed in the test procedures. Of particular interest is statistically valid survey data indicating the percentage of the consumers who have purchased 

### 26144 Federal Register 

## I Vol. 47. 

### No. 117 / Thursday, June 17, 1982 / Proposed Rules

not properly determine the energy consumption for warm water dishwashers which use 1200

### Pinlet
water. NBS has provided its recommendations to DOE.

The Association ofHome Appliance Manufacturers (AHAM) 

### and the Procter 8: 

### Gamble Company (P&G) presented data to DOE that showed that dishwashers are currently being used about 322 timesJlnnually. They requested that 110E consider changing the representative annual use cycle from 416 cycles per year to 322 cycles per year. The representative annual use cycle is used to determine the estimated annual operating cost. DOEhas evaluated the available usage factor data.

NBS documents relevant to this proposed rule and the letters from AHAM 

### and P&G petitioning that DOE considerchanging the representative annual use cycle are available for inspection at the DOE Freedom of Information Reading Room. Room GA152. Forrestal Building, 1000 Independence Avenue SW

.. Washington, D.C.• between the hours of 8:00 a.m. and 4:30 p.m.• Monday through Friday. The documents are:

1. 

### Final report. 

### HouseholdAppliance Usage Data. NBSlR 80-1994. March 1980.

2. Milestone report. "Dishwashers with Low Temperature Inlet Water and WaterHeaterSavings", August 8,1980.

3. Milestone report. "Test Results for a Dishwasher with Reduced Inlet Water Temperature", February 1981.



### 4. Letter from Robert 

### L. Holding. Vice President-Federal Relations. of

### AHAM
to Joseph 

## J. Tribble. Assistant Secretary, Conservation and Renewable Energy, 

### of DOE. dated July 20. 1981.

5: 

### Leiter from A. 

## J. Fuchs, Product De\'elopment Department, ofP&G to James A. 

### Smith. Office ofConservation &Renewable Energy. ofDOE, dated August 10, 1981.

DOE is today proposing to amend the
test procedures for dishwashers.

B. 

### Discussion



### 1. 12CfFinlet water temperature

Hobart Corporation. In its application for exception to the DOE Office of Hearings and Appeals, Hobart claimed that measuring the energy use ofits Model 1<0-19 dishwasher according to the prescribed test procedures would result in a significant overstatement of the dishwasher's estimated annual operating cost and misrepresent its true energy cost to consumers.

The prescribed test procedures base the estimated annual operating cost on dishwashers using 14Q Q

### F inlet water. This determines the temperature rise, provided by the waterheater, to be goOF. Hobart claimed that because ofcertain unique technological innovations incorporated into its 

### Model KD-19 

### dishwasher, the dishwasher can operate satisfactorily with inlet water of 120°F. A feature of the dishwasher is a thermostatically controlled water heating element. Thus. Hobart contended that in computing the estimated annual operating cost for dishwashers which use 120°F inlet water, the temperature rise should be
set at 70'F and the actual water supply temperature should be maintained at 120°F.

A hearing was conducted by OHA on October 25.1979 to discuss the relative merits ofHobart's application. Representatives of

### GE. Norris, Whirlpool Corporation (Whirlpool). and The May tag Company (Maytag), all dishwasher manufacturers, presented arguments regarding Hobart's

-- application. Representatives ofthe Federal Trade Commission (FTC) 

### and the DOE Consumer Products Efficiency Branch al80 participated in the hearing.

On April 28, 1981. (45 FR 31343, June 15,1981). OHA granted Hobart'8 request for exception for its 

### Model 1<0-19 dishwasher.

Provisions in the exception included: 1. Hobart shall test the Model KD-19 dishwasher with the waterinlet temperature maintained at 120°F.

2. 

### The derived results shall be based

on a 70'F temperature rise.

3. 

### Hobart is required to disclose, in making representations respecting

measures ofenergy consumption, the
amount the estimated annual operating
cost would increase ifthe Model KD-19 dishwasher would be operated at the 140°F inlet water temperature rather than 120'F, in addition to being permitted to use the results of a test using 120·Fwaterinlet temperature.



### Norris Industries. In its petition, Norris contended that its 

### LER Series dishwasher cannot be adequately tested 

### by the prescribed test procedures. The 

### LER Series dishwasherhas a "steam generator" design feature which is not covered in the prescribed test procedures. Norris claimed that this feature allows the 

### LER Series dishwasher to operate at a lower inlet water temperature than the 140°F temperature prescribed. Thus, the existing test procedures misrepresent the energy cost to consumers by overestimating the estimated annual operating cost. DOE received comments from the following manufacturers of dishwashers: GE. Hobart, Whirlpool. andMaytag.

In consideration ofthe Norris petition, DOE. by decision and orderprescribed on July 2. 1981 [46 FR 35719, July 10, 1981), excluded the LER Series diswasherfrom the prescribed test procedures. This waiver remains in effect until DOE prescribes final test procedures suitable to the LER Series dishwasher and, in any event. expires

one year from issuance. Furthermore. within one year from issuance. DOE
must publish in the Federal Register a notice ofproposed rulemaking appropriate to the Norris LER Series dishwasher. Today's proposed test procedures for dishwashers satisfies this requirement.



### GeneralElectric Corporation. GE 

### has filed a petition for waiver for ils "T" 

### Series dishwashers because the prescribed test procedures result in materially inaccurate estimates of the dishwashers' energy consumption. The "T" Series dishwasher is designed to operate with 120°F inlet water temperature. GE 

### claims that the test procedure requirement of 140'F inlet water, which results in a 90'F temperature rise, tends to overestimate the estimated annual operating cost of the "T" Series and other dishwashers which can use 120'F inlet water. DOE published the GE petition in the Federal Register on March 2,1982 [47 

### FR 8813) to solicit information to assist DOE in determining whether a test procedure waiver should be granted. Comments form Hobart and Norris were received. 

### A final decision and order in the matter has not been issued at 

### this time.



### Rationaleforproposedrule. DOE has directed NBS to recommend proposed
test procedures that are applicable to

warm water dishwashers using 120'F inlet water. Today's proposed amendments incorporates !\'BS's recommendations and allow a 50 percent credit for dishwashers that can

use 120°F inlet water. The 50 

### percent credit is analogous to the 50 percent credit allowed for dishwashers with a power-dry feature.

Hobart, Norris aad GE advocates that

a 100 percent credit be allowed for dishwashers using 120'Finlet water temperature. These dishwashers can

save energy 

### ifconsumers will reduce the thermostat setting on their water heaters. However. DOE does not ha\'e any data to indicate that consumers will 

### reduce the water heater thermostat setting.

DOE is interested in receiving
comments. data and viewpoints concerning whether a 100 percent credit

or a credit oflesser amount should be prescribed in the test procedures. Of particular interest is statistically valid survey data indicating the percentage of the consumers who have purchased

### Federal Register / Vol. 47, No. 117 / Thursday, June 17, 1982 / Proposed Rules

"warm water" dishwashers that have lowered the thermostat setting of the water heater to 120°F. Maytag opposed a 100 percent credit, contending that unless a lower average water heater thermostat setting is actually known to be used by consumers, no waiver should be granted. However, Maytag conceded that if a waiver were to be granted, a 50 percent credit should be allowed. Maytag further contends that a 140°F water heater temperature is required in a significant number of residences that regularly wash heavily soiled laundry. Maytag stated that the survey data which was used to determine the temperature-use factors in the clothes washer test procedures showed that about 30 percent of all consumers regularly wash laundry in hot water, requiring a 140°F thermostat setting on the water heater. Similar data were also reported in the NBS final report. Household Appliance Usage Data. Norris responded by stating that a 50 percent credit was applied to consumer selected options for which actual usage was unknown. Norris contended that a 100 percent credit should be used because the rationale used to apply a-S0 percent credit for consumer selected options is not relevant to dishwashers that use 120° inlet water. Hobart conducted a survey that showed that 39 percent of consumers use the power-dry feature all the time and that 29 percent use the power-dry feature part of the time. (See the NBS final report, Household Appliance Usage Data, March 1980, p. C-2.) Based on this data. DOE prescribed a 50 pecent credit for the power-dry feature for dishwashers. Similar features in other consumer products have also received a 50 percent credit. These features include:
-The anti-sweat switch for refrigerators. refrigerator-freezers, and freezers. 

### -The suds-saver feature for clothes washers. -The vacation switch or master on/off switch for television sets. NBS reported to DOE that there were no survey data available showing the number of consumers who purchased dishwashers using 120°F water or the number of those purchasers who set thier water heater thermostat at 120°F after buying the dishwasher. NBS recommended either that no credit be allowed until DOE has statistically valid data or that DOE propose a 50 percent credit, based on precedents for similar features on other appliances in the past. The information available to DOE indicates that the credit for dishwashers using 120°F inlet water should not be greater than 70 percent because of the number of households that regularly use hot water to clean their clothes. Further, the data indicates that roughly one-half of the consumers, who can use consumer selected options, do so. Taken together, these statements support a credit of one-half of 70 percent, or 35 percent. However, NBS and Maytag recommend that a 50 percent credit be allowed since it is likely that 50 percent of the consumers who purchase "warm water" dishwashers may reduce the thermostat setting of their water heater from 140°F to 120°F. Thus, today's amended dishwasher test procedure proposes a 50 percent credit. DOE is particularly interested in receiving statistically valid survey data to support these views-or other data which would support alternative views. Dishwashers that use 120°F inlet water are to be tested twice; once the 140°F inlet water and once with 120°F inlet water. The measure of energy use is to be the arithmetic mean value from the two tests. DOE is interested in obtaining additional comments, data, and other relevant information concerning whether the 50 percent credit should be prescribed in the final test procedures for dishwashers. A major concern of DOE in proposing a credit is a means to distinguish between dishwashers using 120° F water from those using 140° F water. Credits have not been a problem in the past because they applied only to consumer selected options during operation of the appliance. There are no similar controls for dishwashers that use 120° F water. The consumer makes a selection when the dishwasher is installed, not during its operation. During the OHA hearing, Hobart stated that they were not aware of any dishwasher, other than its Model KD-19 dishwasher, which is able to heat inlet water during the normal cycle. The Model KD-19 dishwasher has a thermostatically controlled, internal heater that heats water during the normal cycle. In the subsequent decision and order, OHA stated that there were two critical distinctions between the Model KD-19 and other dishwashers. These are: -Other dishwashers generally require that individual consumers actively select the option which employes the internal booster heater. Several manufacturers, such as Maytag, offer a "Sani-Wash" cycle or similar cycle type which activates the internal booster heater during a cycle. The normal cycle does not activate the internal heater. No such consumer 

### 26145

intervention is needed with the Model KD-19 dishwasher. -The Model KD-19 dishwasher operates in a relatively efficient manner with 120° F inlet water in that dishwashing performance is still acceptable to consumers. The dishwashing performance of other dishwashers with 120° F water may be degraded and unacceptable to

consumers. In response to comments from other manufacturers, Norris made the following statements during their application for a test waiver:

-Dishwashers that use 120` F water must have a water heating capability during the normal cycle. -Dishwashers with water heating capability in cycles other than the normal cycle do not satisfy this requirement. -The Hobart Model KD-19 and the Norris LER Series dishwashers were the only marketed dishwashers, at that time. with the water heating capability during the normal cycle.

DOE believes the features that distinguish dishwashers using 120` F inlet water from those using 140' F water are: (1) The dishwasher must provide internal water heating during the normal cycle; and (2) no consumer interaction is needed to activate the internal water heaters. Today's test amendments propose such a definition to be used for dishwashers using 120' F inlet water. -It is possible that some manufacturers may modify their current dishwashers by inserting a control device to activate the internal boost heater in order to qualify for the 50 percent credit. This may result in the degradation of dishwashing performance. DOE does not believe this is a serious problem because marl.et forces and consumer reaction will insj-e dishwashers to be manufactured to their highest performance and quality. -DOE is interested in receiving comments, views, and other statements on the need to positively distinguish between dishwashers using 120` F inlet water from those using 140° F water additional features that may be used to identify dishwashers that use 120' F inlet water; whether the proposed definition for dishwashers using 120' F inlet water is proper; and whether such a definition should be included in the final amended test procedure. 

### It is also possible that some firms may manufacture dishwashers designed to operate at inlet water temperatures other than 120° F and 140' F. The Norris petition for a waiver was based on a 

### Federal Register 

## I Vol. 47. No. 

### 117 

## I Thursday, June 

### 17, 1982 

## I Proposed Rules 26145

"warm water" dishwashers that have lowered the thermostat setting ofthe
water heater to 120"F.

Maytag opposed a 100 percent credit. contending that unless a lower average water heater thermostat setting is actually known to be used by

consumers. no waiver should be granted. However. Maytag conceded that ifa waiver were to be granted, a 50 percent credit should be allowed.

.

Maytag further contends that a 140°F
water heater temperature is required in

a significant number ofresidences that regularly wash heavily soiled laundry. Maytag s'ated that the survey data which was used to determine the temperi:lture-use factors in the clothes washer test procedures showed that about 30 percent of all consumers regularly wash laundry in hot water. requiring a 140'F thermostat setting on the waterheater. Similar data were also reported in the :I\13S final report. HouseholdAppliance Usage Data.

Norris responded by stating that a 50 percent credit was applied to consumer selected options for which actual usage
was unknown. Norris contended Irat a 100 

### percent credit should be used because the rationale used to apply &-50 percent credit for consumer selected options is not relevant to dishwashers that use 120" inlet water.

Hobart**conduc~ed** 

### a survey that showed that 39 percent ofconsumers

use the power-dry feature all the time and that 29 percent use the power-dry feature part ofthe time. (See the NBS final report, HouseholdAppliance Usage Data. March 1980. p. C-2.) Based on this data. DOE prescribed a 50 pecent credit for the power-dry feature for dishwashers. Similar features in other

consumer products have also received a 50 percent credit. These features include: -The anti-sweat switch for

refrigerators. refrigerator-freezers. and freezers. • -The suds-saver feature for clothes

washers. -The vacation switch or master on/off

switch for television sets. NBS reported to DOE that there were

no survey data available showing the number ofconsumers who purchased dishwashers using 120'F water or the number ofthose'purchasers who set thier water heater thermostat at 120'F after buying the dishwasher. NBS recommended either that no credit be allowed until DOE has statistically valid data or that DOE propose a 50 percent credit. based on precedents for similar features on other appliances in the past.

The information available to DOE indicates that the credit for dishwashers using 120'F inlet water should not be greater than 70 percent because ofthe number ofhouseholds that regularly use hot water to clean their clothes. Further. the data indicates that roughly one-half ofthe consumers. who can use

consumer selected options. do so. Taken together. these statements support a credit ofone-halfof70 percent. or 35 percent. However, NBS and Maytag recommend that a 50 percent credit be allowed since it 

### is likely that 50 percent of the consumers who purchase "warm water" dishwashers mayreduce the thermostat setting oftheir waterheater from 140°F to 120'F. Thus. today's amended dishwasher test procedure
proposes a 50 percent credit. DOE is particularly interested in receiving statistically valid survey data to support these views-<lr other data which would support alternative views.

Dishwashers that use 120'Finlet
water are to be tested twice; once the 140'F inlet water and once with 120'F inlet water. The measure ofenergy use is to be the arithmetic mean value from the two tests. DOE is interested in obtaining additional comments. data. and otherrelevant information concerning whether the 50 percent credit should be prescribed in the final test procedures for dishwashers.

A major concern ofDOE in proposing

a credit is a means to distinguish between dishwashers using 120' F water from those using 140° F water. Credits have not been a problem in the past because they applied only to consumer selected options during operation of the appliance. There are no similar controls for dishwashers that use 120' F water. The consumer makes a selection when the dishwasher is installed. not during its operation.

During the OHA hearing. Hobart stated that they were not aware ofany dishwasher. other than its Model KD-19 dishwasher. which is able to heal inlet
water during ilie normal cycle. The Model KD-19 dishwasher has a thermostatically controlled. internal heater that heats water during the normal cycle. In 

### the subsequent decision and order. OHA stated that there were two critical distinctions between the Model KD-19 and other dishwashers. These are:

-Otherdishwashers generally require that individual consumers actively select the option which employes the internal boosler heater. Several manufacturers. such as Maytag. offer a "Sani-Wash" cycle or similar cycle type which activates the internal booster heaterduring a cycle. The normal cycle does not activate the internal heater. No such consumer intervention is needed with the Model KD-19 dishwasher.

-The Model KD-l'9 dishwasher operates in a relatively efficient manner with 120° F inlet water in that dishwashing performance is still acceptable to consumers. The dishwashing performance ofother dishwashers with 120' F water may be degraded and unacceptable to "

consumers.

In response to comments from otr.Er manufacturers. Norris made the following statements during their application for a test waiver:

-Dishwashers that use 120' F wafer
must have a water heating capaaili:y during the normal cycle.

-Dishwashers with water heat:ng
capability in cycles other tha:l the normal cycle do not satisfy this requirement.

-TheHobart Model KD-19 and t}-Je 

### Norris LER Series dishwashers werE the only marketed dishwashers. at that ti::1e. 'with the waterheating capability duri::g

the normal cycle.

DOE believes the features that distinguish dishwashers using 120' F inlet water from those using 140' F
water are: (1) The dishWasher must provide internal water heating during the normal cycle; and (2) no cons\X'.e. interaction is needed to activate the internal waterheaters. Today's les! amendments propose such a definiticn
to be used for dishwashers usi:1g 120' 

### F inlet water.

-It

### is possible that some manufacturers may modify their currer,l dishwashers by inserting a control device to activate the internal boost heater in order to qualify for the 50 percent credit. This may result in the degradation ofdishwashing performance. DOE does not believe**thi~** 

### is a serious problem because**ma~ke:** 

### forces and consumer reaction wili**irsJ~f** 

### dishwashers to be manufactured to theii' highest performance and quality.

-DOE is interested in receiving
comments. views. and other statements

on the need to positively distinguish between dishwashers using 120' F in;el
waterfrom those using 140' F water: additional features that may be usee to identify dishwashers that use 120' F inlet water; whether the proposed definition for dishwashers using 120' 

### F inlet water is proper; and whether such

a definition should be included in the final amended test procedure.

It 

### is also possible that some firms may manufacture dishwashers designed 10 

### operate at inlet water temperatures other than 120' F and 140' F. The r.;orris petition for a waiver was based on 8

### 28146 Federal Register / Vol. 47, No. 117 / Thursday, June 17, 1982 / Proposed Rules

design which allows the dishwasher to operate at varying inlet water temperatures, including household cold tap water. However, Norris designed its LER Series dishwasher to use an inlet
water temperature of 120' F. DOE is not aware of any company which has manufactured dishwashers to operate at temperatures other than 120° F and 140' F. DOE is interested in receiving
comments , views. and other statements, regarding dishwashers which use inlet
water temperatures other than 120' F and 140` F.
2. Representative Average-Use Cycle The Association of Home Appliance Manufacturers requested that DOE initiate a rulemaking proceeding to change the representative average-use cycle of 416 cycles per year to 322 cycles per year. The Federal Register notice prescribing final test procedures for dishwashers (42 FR 39964 . August 8. 1977) stated that no data was presented to DOE to support the claim that 416 cycles per year is too high or that the use of 416 cycles per year is not representative of typical consumer use. The notice went on to state:
If statistically valid survey data becomes available which reveals that purchasers of 12 or more place setting dishwashers use their dishwashers less frequently than purchasers of eight or less place setting dishwashers, then FEA and NBS will review the determination that 416 cycles is the representative average usage of dishwashers, regardless of size. The principal source used by NBS and the Federal Energy Administration (FES) to determine 416 cycles per year to be the representative average-use cycle was data furnished by the Procter & Gamble Company. The data were based on consumer surveys conducted in 1973 and were considered to be the most reliable and valid data avilable at that time. A more recent survey was conducted by P&G in 1979. P&G informed DOE of a new survey result by letter dated August 10. 1981. The average-use of dishwashers was determined to be 6.2 time,, per week. or 322 cycles per year. P&G requested that the representative average-use cycle be lowered to 322 cycles per year. DOE is today proposing that 322 cycles per year be the representative average-use cycle for dishwashers, based on data supplied by P&G. Changing the representative average-use cycle of dishwashers from 416 cycles per year to 322 cycles per year will reduce the estimated annual operating cost by 23 percent. DOE is interested in receiving comments. viewpoints, and data concerning whether 322 cycles per year, or some other usage figure should be prescribed in the final amended test procedures. DOE is also interested in receiving comments on the P&G data.

C. Comment Procedure

1. Written Comment Interested persons are invited to participate in this rulemaking by submitting data, views or arguments with respect to the proposed amendments set forth in this notice to the address indicated at the beginning of the notice. Comments should be identified on the outside of the envelope and on documents submitted to DOE with the designation "Dishwasher Test Procedure (Docket No. CE-RM-82-130)." Fifteen copies are requested to be submitted. All comments received by the date specified at the beginning of this notice. and all other relevant information, will be considered by DOE before final action is taken on the proposed regulation. Pursuant to the provisions of 10 CFR 1004.11, any person submitting information which he or she believes to be confidential and exempt by law from public disclosure should submit one complete copy of the document, and fifteen copies, if possible, from which the information believed to be confidential has been deleted. DOE will make its own determination with regard to the confidential status of the information and treat it according to its determination.
2. Public Hearing a. Request Procedure. The time and place of the public hearing are indicated at the beginning of this notice. DOE invites any person who has an interest in today's proposed rule amendments, or who is a representative of a group or class of persons that has an interest in the proposed amendments, to make a written request for an opportunity to make an oral presentation. Such requests should be directed to the address indicated at the beginning of this notice and must be received by the time specified at the beginning of this notice. Requests may be hand delivered to such address, between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday. Requests should be labeled "Dishwasher Test Procedure (Docket No. CE-RM-82-130)" both on the document and on the envelope. The person making the request should briefly describe the interest concerned and, if appropriate, state why he or she is a proper representative of the group or class of persons that has such an interest. and give a telephone number where he or she may be contacted. Each person requesting an opportunity to speak should give a concise summary of the proposed oral presentation. DOE will notify, by the date indicated at the beginning of this notice, each person selected to be heard at the hearing. Each person selected to be heard is requested to submit 15 copies of his or her statement to the address and by the date given in the beginning of this notice . In the event any person wishing to testify cannot meet this requirement, alternative arrangements can be made with the Office of Hearings and Dockets in advance of the hearing by so indicating in the letter requesting to make an oral presentation. b. Conduct of hearings. DOE reserves the right to select the persons to be heard at this hearing, to schedule the respective presentations. and to establish the procedures governing the conduct of the hearing. Each presentation shall be limited to 20 minutes. A DOE official will be designated to preside at the hearing. The hearing will not be a judicial or an evidentiary-type hearing, but will be conducted in accordance with 5 U.S.C. 553 and section 366 of the Act. At the conclusion of all initial oral statements, each person who has made an oral statement will be given the opportunity to make a rebuttal
statement. The rebuttal statements will be given in the order in which the initial
statements were made and will be subject to time limitations. Any interested person who wishes to ask a question at the hearing may submit the question in writing to the presiding officer to be asked of any person making a statement at the hearing. The presiding officer will determine whether the question is relevant and whether time limitations permit it to be presented for answer. Any further procedural rules regarding proper conduct of the.hearing will be announced by the presiding officer. A transcript of the hearing will be made and the entire record of the hearing, including the transcript, will he retained by DOE and made available for inspection at the DOE Freedom ofInformation Reading Room. Room 1E152, Forrestal Building, 1000 Independence Avenue. SW.. Washington. D.C., between the hours of 8:30 a

.m. and 4:30 p.m.. Monday throw,h Friday. For information concerning the availability of records at the Freedom of Information Reading Room. call (202) 252-5969. In addition. any person may purchase a copy of the transcript from the reporter. 

### 28146 Federal Register 

## I Vol. 47. 

### No. 117 

## I Thursday. June 17. 

### 1982 

## I Proposed Rules

design which allows the dishwasher to operate at varying inlet waler temperatures. including household cold tap water. However. Norris designed its LER Series dishwasher to use an inlet
water temperature of 120' F. DOE is not

aware of any company which has manufactured dishwashers to operate at temperatures other than 120· F and 140' F. DOE is interested in receiving
comments. vieWs. and other statements. regarding dishwashers which use inlet
water temperatures other than 120' F and 14{t F.



### 2. RepresentativeAverage-Use Cycle

The Association ofHome Appliance Manufacturers requested that DOE initiate a rulemaking proceeding to change the representative average-use cycle of416 cycles per yearto 322 cycles
per year. The Federal Register notice prescribing final test procedures for dishwashers (42 FR 39964. August 8. 1977) stated that no data was presented
to DOE to support the claim that 416 cycles per year is too high or that the

use of416 cycles per year is not representative of typical consumer use. The notice went on to state:

Ifstatistically valid SUJ'\/ey data becomes available which reveals that purchasers of12

or more place setting dishwashers use their dishwashers less frequently than purchasers of eight or less place setting dishwashers. then F'EA and NBS will review the d,dermination that 416 cycles is the representative average usage of dishwashers. re.gardless of size.

The principal source used by NBS and the Federal Energy Administration (FES]
to determine 416 cycles peryear to be the representative average-use cycle

was data furnished by the Procter & Gamble Company. The data were based

on consumer surveys conducted in 1973 and were considered to be the most reliable and valid data avilable at that time.

A more recent survey was conducted bv P&G in 1979. P&G informed DOE of a**n~w** survey result by letter dated August 10.1981. The average-use of dishwashers was determined to 

### be 6.2**timf~~** per week. or 322 cycles per year. P&G requE'sted that the representative
average-use**c~'cle** be lowered to 322 cycle!' per year.

DOE is today proposing that 322 cycles per year be the representative
average-use cycle for dishwashers. hased on data supplied by P&G. Changing the representative average-use cycle of dishwashers from 416 cycles per year to 322 cycles per year will reduce thl' estimated annual operating cost by 23 percent. DOE is interested in receiving comments. viewpoints. and doto concerning whether 322 cycles per year. or some other usage figure should 

### be prescribed in the final amended test procedures. DOE is also interesfed in receiving comments on the P&G data.

C. Comment Procedure



### 1. Written Comment

Interested persons are invited to participate in this rulemaking by submitting data. views or arguments with respect to the proposed amendments set forth in this notice to the address indicated at the beginning of the notice.

Comments should be identified on the outside ofthe envelope and on documents submitted to DOE with the designation "DishwasherTest Procedure (Docket No. CE-RM-82-130)." Fifteen copies are requested to be submitted. All comments received by the date specified at the beginning of this'notice. and all otherrelevant information. will be considered by DOE before final action is taken on the proposed regulation. Pursuant to the provisions of 10 CFR 1004.11. any person submitting information which he or she believes to be confidential and exempt by law from public disclosure should submit one complete copy ofthe document. and fifteen copies. ifpossible. from which the information believed to be confidential has been deleted. DOE will make its own determination with regard
to the confidential status ofthe information and treat it according to its determination.



### 2. PublicHearing

a. 

### RequestProcedure. The time and place ofthe public hearing are indicated
at the beginning ofthis notice. DOE invites any person who has an interest in today'S proposed rule amendments. or who is a representative of a group or class ofpersons that has an interest in the proposed amendments. to make a written request for an opportunity to make an oral presentation. Such requests should be directed to the address indicated at the beginning of this notice and must be received by the time specified at the beginning ofthis notice. Requests may be hand delivered
to such address. between the hours of 8:30 a.m. and 4:30 p.m

.. Monday through Friday. Requests should be labeled "Dishwasher Test Procedure (Docket No. CE-RM-8.2-130)" both on the document and on the envelope.

The person making the request should briefly describe the interest concerned and. if appropriate. state why he or she is a proper representative ofthe group

or class ofpersons that has such an interest. and give a telephone number where he or she may be contacted. Each person requesting an opportunity to speak should give a concise summary of the proposed oral presentation.

DOE will notify. by the date indicated
at the beginning ofthis notice. each
person selected to be heard at the hearing. Each person selected to be heard is requested to submit 15 copies of his or her statement to the address and by the date given in the beginning of this notice. In the event any person wishing
to testify cannot meet this requirement. alternative arrangements can be made with the Office ofHearings and Dockets in advance ofthe hearing by so indicating in the letter requesting to make an oral presentation.

b. 

### Conduct of hearings. DOE reserves the right to select the persons to be heard at this hearing. to schedule the respective presentations. and to establish the procedures governing the conduct ofthe hearing. Each

. presentation shall be limited to 20

minutes.

A DOE official will be designated to preside at the hearing. The hearing 'will
not be a judicial or an evidentiary-type hearing. but will be conducted in accordance with 5 U.S.C. 553 and section 366 of the Act. At the conclusion ofall initial**or~!** statements. each person who has made an oral statement will be given the opportunity to make a rebuttal
statement. The rebuttal statements will be given in the order in which the initial
statements were made and will be subject to time limitations.

Any interested person who wishes to ask a question at the hearing may submit the question in writing to the presiding officer to be asked of any person making a statement at the hearing. The presiding officer will determine whether the question is relevant and whether time limitations permit it to be presented for answer.

Any further procedural rules**regardin~** proper'conduct of the.hearing will be announced by the presiding officer.

A transcript ofthe hearing will be made and the entire record ofthe hearing. including the transcript. \II! 

### ill be retained by DOE and made available' for inspection at the DOE Freedom of Information Reading Room. Room lE152. Forrestal Building, 1000 Independence Avenue. S.W

.. Washington. D.C

.. between the hours of 8:30 a.m. and 4:30 p.m

.. Monday throuqn Friday. For information concerning thle' availability ofrecords at the Freedom of Information Reading Room. call (202) 252-5969. In addition. any person**ma~'** purchase a copy of the transcript from the reporter.

### Federal Register / Vol. 47, No. 117 / Thursday, June 17, 1982 / Proposed Rules

D. Environmental Review

Pursuant to section 7(c)(2) of the Federal Energy Administration Act of 1974, a copy of this notice has been submitted to the Administrator of the Environmental Protection Agency for his comments concerning the impact of this proposal on the quality of the environment. Since test procedures under the energy conservation program for

consumer products will be used only to standardize the measurement of energy
usage and will not affect the quality or distribution of energy usage, prescribing test procedures will not result in any environmental impacts. On this basis, DOE has determined that prescribing test procedures under the energy conservation program for consumer products is not a major Federal action significantly affecting the quality of the human environment within the meaning of the National Environmental Policy Act of 1969, Consequently, neither an Environmental Impact Statement not an Environmental Assessment is required for the proposed rule.

E. Review Under E.O.12291 The proposed rule has been reviewed • in accordance with Executive Order 12291 which directs that all regulations achieve their intended goals without imposing unnecessary burdens on the economy, on individuals, on public or private organizations, or on State and local governments. The Executive Order also requires that regulatory impact analyses be prepared for "major rules." The Executive Order defines "major rule" as any regulation that is likely to result in: (1) An annual effect on the economy of $100 million or more; (2) A major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; or (3) Significant diverse effects on competition, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic or export markets. This proposed rule would only make minor changes in the test procedures for dishwashers to allow for more accurate determinations of estimated annual operating cost and energy factor. Therefore, DOE has determined that this proposed rule does not come within the definition of "major rule." 

### F. Regulatory Flexibility Act
The Regulatory Flexibility Act, Pub. L 96-354 (5 U.S.C. 601-612) requires that an agency prepare an initial regulatory 

### flexibility analysis to be published at the time the proposed rule is published. This requirement (which appears in section 603) does not apply if the agency "certifies that the rule will not. if promulgated, have a significant economic impact on a substantial number of small entities." This rule only affects manufacturers dishwashers. There are not a substantial number of small entites that manufacture dishwashers. Moreover, as discussed above, the changes being proposed would not have significant economic impacts, but rather would simply improve the test procedures. Therefore, DOE certifies that this proposed rule, if promulgated, would not have a "significant economic impact on a substantial number of small entities." List of Subjects in 10 CFR Part 430 Administrative practice and procedure, Energy conservation, Household appliances. In consideration of the foregoing, it is proposed to amend Part 430 of Chapter U of Title 10, Code of Federal Regulations, as set forth below.

Issued in Washington, D.C., May 27,1982. Joseph J. Tribble, Assistant Secretary, Conservation and Renewable Energy.



### PART 430-ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

Provisions of 10 CFR Part 430, J 430.22 and Appendix C are amended as follows:
Authority: Sect. 323, Pub. L. 94-163, 89 Stat. 917 as amended by Pub, L 96-619, 92 Stat. 3266 (42 U.S.C. 6293).

1430

.22 (Amended] 1. Section 430.22 paragraph (c) is amended by removing the words "416 cycles per year" and inserting, in their place, the words "322 cyles per year" in the following places: (a) Section 430.22(c)(1)(i); (b) Section 430.72(c)(1)(ii); (c) Section 430.22(c)(2)(i); and (d) Section 430.22(c)(2)(ii). 

### 2. 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 "Cycle" means a sequence of operations of a dishwasher which performs a complete dishwashing operation, and may include variations or combinations of the functions of washing, rinsing and drying. 1.8 "Cycle type" means either any complete sequence of operations capable of being preset on the diswssher prior to the initiation of machine operation. 

### 25147

L3 "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. 1.4 "Power-dry feature" means that function in a cycle in which electrically generated heat is introduced into the washing chamber for the purpose of improving the drying performance of the dishwasher. 1.5 'Truncated normal cycle" means the normal cycle interrupted to eliminate the power-dry feature after the termination of the last rinse operation. 1.6 "Warm water dishwasher" means a dishwasher that operates at nominal inlet water temperature of 120'F which provides internal water heating during the normal cycle without consumer interaction being required to activate the internal water heaters. 2. Testing conditions.-2.1 Installation. Install the dishwasher in accordance with the manufacturer's instruction, except that undercounter dishwashers need not be installed under a counter. 2.2 Electrical supply. Maintain the electrical supply to the dishwasher within two percent of 115 volts and within one percent of its nameplate frequency as specified by the manufacturer. 2.3 Water temperature.
2.3.1 Dishwashers to be tested at a nominal 140'F inlet water temperature. Maintain the water supply temperature between 135'F and 145'F. 2.3.2 Dishwashers to be tested at a nominal 120'F inlet water temperature. Maintain the water supply temperature between 115'F and 125'F. 2.4 Water pressure. Maintain the pressure of the water supply between 32.5 and 37.5 pounds per square inch. 2.5 Ambient and machine temperature. Maintain the room ambient air temperature between 70' F and 85' F, and assure that the dishwasher is at room ambient temperature at the start of each test cycle. 2.6 Load. The dishwasher shall be tested on the normal cycle and the truncated normal cycle without a test load. 3. Test cycle and measurements. 3.1 Test cycle. Perform a test cycle by establishing the testing conditions set forth in 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. 3.2 Machine electrical energy consumption. 3.2.1 Dishwashers that operate with a nominal 140' F inlet water temperature, on/v. Measure the machine electrical energy consumption. Me, specified as the number of kilowatt-hours of electrical energy consumed during the entire test cycle using a water supply temperature as set forth in 2.3.1 of this Appendix. Use a kilowatt-hour meter having a resolution no larger than 0.001 kilowatt hours and a maximum error no greater than one percent. 5.2.2 Dishwashers that operate at nominal inlet water temperature at 120'F. Measure the machine electrical energy consumption. Me,, specified as the number of kilowatt-hours of electrical energy consumed during the entire 

### Federal Register 

## I Vol. 47, No. 117 

## I Thursday, June 17, 1982/ Proposed Rules 

### 26147

D. EnvironmentalReview

Pursuant to section7(c)(2) ofthe Federal 

### Energy Administration Act of 1974. a copy ofthis notice has been submitted to the Administrator ofthe Environmental Protection Agency for his
comments concerniIlg the impact ofthis proposal on the quality ofthe environment.

Since test procedures under the
energy conservation program for

consumerproducts will beused only to standardize the measurement ofenergy usage and will not affect the quality or distribution ofenergy usage. prescribing
test procedures will not result in any environmental impacts. 

### Onthis basis. 

### DOE has determined that prescribing
test procedures under the energy conservapon program for consumer products is not a major Federal action significantly affecting the quality ofthe human environment within the meaning ofthe National Environmental Policy Act of 1969. 

### Consequently. neither an

. Environmental Impact Statement noi' an Environmental Assessmen1 is required for the proposed rule.



### £. Review Under

### £.0. 12291

The proposed rule has beenreviewed· in accordance with Executive Order 12291 which directs that all regulations achieve their intended goals without imposing unnecessaryburdens on the
economy. on individuals. on public or private organizations. oron State and local governments. The Executive Order also requires that regulatory impact analyses be prepared for "major rules." The Executive Order defmes "major rule" as any regulation that is likely to result in:

(1) An 

### annual effect on the economy of $100

### million ormore; (2) A major increase in costs or prices for

consumers. individual industries, Federal. State. orlocal government agencies. orgeographic regions; or (3) Significant diverse effects on competition. investment, productivity. innovation. or on the ability ofUnited States-based enterprises to compete with foreign-based enterprises in domestic or export markets.

This proposed rule would only make minor changes in the test procedures for dishwashers to allow for more accurate determinations ofestimated annual 

### operating cost and energy factor. i1Jerefore. 

### DOE has determined that this proposed rule does not come within the definition of "majorrule."



### F. Regulatory 

### flexibilityAct

The Regulatory Flexibility

## Act. Pub. 

### 1.. 96-354 [5 

### U.S.C. 601-612).**req~ ~at**  

### an agency prepare an initial**~atQr:Y** 

### flexibility analysis to be published at the time the proposed rule ispublished. This requirement (which appears in section 6(3) 

### does not apply 

### ifthe agency "certifies that the rule will not. 

### if promulgated. have a significant economic impact on a substantial number of

### small entities." This rule only affects manufacturers dishwashers. There are Dot a substantial number of small entites that manufacture dishwashers. Moreover. as discussed above. the changes beingproposed would not have significant economic impacts. but ratherwould simply hrlprove the testprocedures. Therefore. 

### DOE certifies that this proposedrule. if promulgated. would nothave a "significant economic impact on a lubstantial number ofsmall entities."


### List ofSubjectsin 10 

### CFR Part430

Administrativepractice and procedure. Energy conservation. Household appliances.



### In consideration ofthe foregoing. itis proposed to amend Part430 ofChapter 

### IIofTitle 10, Code ofFederal Regulations, as set forth below.

Issued in Washington, D.C.• May '1:7. 1982. 

### JosephJ. Tribble, AssistantSecretary. CollBervation and RenewableEnergy.



### PART 43O-ENERGY COHSERVAnON PROGRAM FOR CONSUMER PRODUCTS



### Provisions oho

### CFR Part430, 

### § 430.22 and Appendix C 

### are amended as follows:

.

Authority: Sect. 323. Pub. L. 94-163. 89 Stat. 91788 amended byPub, L**~19,** 92 Stat. 3266 (42 U.S.C. 6293). 

### I 430.22 [Amended]



### 1. Section430.22 paragraph (c) 

### is amended by removing the words "416 cycles peryear" and inserting. in their place. the words "322 cyles peryear" in the following places:

(a) Section430.22(c}(l)(i); (b) Section 43O.22(c)(1)(ii}; [c) Section 430.22[c)(2}(i); and (d) Section 430.22(c)(2)(ii). 

### 2. Appendix C to Subpart

### B ofPart430 is revised to read as follows: Appendix C 

### to SubpartB ofPartf.3OUniform Test Method for Measuring the Eaergy ConsumptionofDiabwubers 1. Definitions.-1.1 "Cycle"

### means I sequence ofoperatiON of a dishwasher which performs a complete dishwashing operation. and may include variations or wmbinations ofthe functions ofwashing. rinsing and drying.

1.1 "Cycle type" melDs either any complete aequence ofoperation. capable of 

### beini preHt OJ! the diswlIsber prior to the initiation ofmachine operation. 1.3 "Normal cycle" means the cycle type recommended by the manufacturer for completely washing a full load ofnormally toiled dishes. including the power-dry feature.

1.4 "Power-dry feature" means that function in a cycle in which electrically generatedheat is introduced into the washing chamberf!l' the purpose ofimproving the drying perfonnance ofthe dishwasher.

1.5 "Truncated normal cycle" means the normal cycle interrupted to eliminate the power-dry feature after the termination of the last rinse operation.

1.6 "Warm water dishwasher" means a dishwasher that operates at nominal inlet
water temperature of 120'F which provides internal waterheating during the normal cycle without consumerinteraction being required to activate the internal water beaters.

2. Testing oonditions.-2.1 Installation. Install the dishwasher in accordance with the manufacturer's instruction. except that undercounter dishwashers need not be installed under a counter.

2.2 Electricalsupply. Maintain the electrical supply to the dishwasher within
two percent of 115 volts and within one percent orits nameplate frequency as specified by the manufacturer.**~.3** Water temperature.

2.3.1 Dishwashers to be tested at 8 nominal 140'F inlet water temperature. Maintain the water supply temperature between 135'F and 145·F.

2.3.2 Dishwashers to 

### be tested at a nominal 120'Finlet water temperature. Maintainthe water supply temperature between 115'Fand 125'F.

2.4 Waterpressure. Maintain the pressure ofthe water supply between 32.5 and 37.5 pounds per square inch.

2.5 Ambient andmachine temperature. Maintain the room ambienl air temperature between 70' F and 85' F. and assure that th€ dishwasher is at room ambient temperature
at the start of each test cycle.

2.6 Load. The dishwasher shall be tested

on the normal cycle and the truncated nonnal cycle without a lest load.

3. Test cycle andmeasurements. 3.1 Test cycle. Perform a test cycle by establishing the testing conditions sel forth in 2 ofIhis Appendix. setting the dishwasher 10 the cycle type to be tested. initiating the cycle and allowing the cycle to proceed to completion.

3.2 Machine electricalenergy consumption.

3.2.1 Dishwashers that operate with a 1I0mina/14d' Finlet water temperature. only. Measure the machine electrical energy consumption. Me. specified as the number uf kilowatt-hours of electrical energy consumed during the entire test cycle using a water supply temperature a8 set forth in 2.3.1 of this Appendix. Uee 8 kilowatt·hour meter having

a resolution no larger than 0.001 kilowatt hours and a maximum error no greater than

one percent.

3.2.2 Dishwashe1'8 that operate atnaminal inlet water temperature of12(f F. Measure the machine electrical energy consumption. Me,. specified a8 the number ofkilowatt-hours of electrical energy consumed during the entire

### 26148 Federal Register / Vol. 47, No. 117 / Thursday, June 17, 1982 / Proposed Rules

test cycle using a water supply temperature as set forth in 2.3.1 of this Appendix

. Measure the machine electrical energy ooasumption, Me,. specified as the number of kilowatthours of electrical energy consumed during the entire test cycle using a water supply temperature as set forth in 2.32 of this Appendix

. Use a kilowatt-hour meter having a resolution no larger than OAM kilowatt. hours and a maximum error no greater than one percent. 3.3 Water consumption, Measure the water consumption, specified as the number of gallons delivered to the dishwasher during the entire test cycle, using a water meter having a resolution no larger than 0.1 gallon and a maximum error no greater than 1.5 percent for all water flow rates from one to five gallons per minute and for all water temperatures encountered in the test cycle. 3.4 Report values. State the reported values of machine electrical energy consumption and water consumption as measured. 4. Calculation of derived results from test measurements.-4.1 Per-cycle water energy consumption using electrically heated water. 4.1.1 Dishwashers that operate with a nominal 140'F inlet water temperature, only. Calculate for the cycle type under test the per-cycle water energy consumption using electrically heated water, W. expressed in kilowatt-hours per cycle and defined as:

W,= VxTxK,

where V=reported water consumption in gallons per cycle for the cycle type under test. T=nominal water heater temperature rise=90.'F. K=specific heat of water in kilowatt-hours per gallon per degree Fahrenheit =00240. 4.1.2 Dishwashers that operate at nominal inlet water temperature of 120'F. Calculate for the cycle type under test the per cycle water energy consumption using electrically heated water. We, expressed in kilowatt

-hours per cycle and defined as: W,= V xKx(T+T')/2 where V,K and T are defined in 4.1.1 of this Appendix and T'= nominal water heater temperature rise = 70'F. , 4.2 Per cycle water energy consumption using gas-heated or oil-heated water. 4.2.1 Dishwashers that operate with a nominal 140'F inlet water temperature, only. Calculate for the cycle type under test the per cycle water energy consumption using gas-heated or oil-heated water. We. expressed in Btu's per cycle and defined

as: W,= VxTxC/e, where V and T are defined in 4.1,1 of this Appendix, and C=specifiic heat of water in Btu's per gallon per degree f hrenhei t = L1906. e=nominal gas or oil water heater efficiency =0.75. 4.2.2 Dishwashers that operate at nominal inlet water temperature of 1207. Calculate for 1he cycle type under test the percycle water energy consumption using gas

-heated or oil-heated water. W, expressed in Btu's per cycie and defined as: 

### W.=Vx(T+T3 xC!ze

where V and T are defined in 4.1.1 of this Appendix, r is defined in 4.12 or this Appendix, and C and e are defined in 42.1 of this Appendix. 4.3 Per cycle moc hw electriaolenergy consumption. 4.3.1 Dishwashers that operate with a nominal 140'F inlet water temperature, only. Use the measured value recorded in 3.2.1 as the per cycle machine electrical energy consumption

. M, expressed in kilowatt-hours per cycle. 4.3.2 Dishwashers that operate at nominal inlet water temperature of 120'F

. Calculate for the cycle type under test the per cycle machine electrical energy consumption, Me, expressed in kilowatt

-hours per cycle and defined as: Me=(Me,+Me,)/2

where Me, and Me, are defined in 3.2.2 of this Appendix.
4.4 Total per-cycle energy consumption. Calculate for the cycle type under test the total per-cycle energy consumption. £ expressed in 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 electrically-heated water, W. calculated for the cycle type, determined according to 4.3 and 4

.1 respectively.

ire Doc

, 82-1f37B Filed 4-1&

-82 L46 .ml

DIWNG cone e4s0-Oi-M 

### DI48 

### Federal a

..... / Vol. 47, No. 117 

## I Thursday. June 17. 1982 

## I Proposed Rules

te.tcycleUling a waterIUPPly tetWp8rllture

8S set fonh In 2.3.1 ofthis AppeDdix. Meanre the machine electrical eaeruCDDIumption, },ie•. specified 88 the numberalkilowatthours ofelectrical energy consumed during the entire te.l cycle uaing 8 waterlupply tempel'llture

..eet fortb in

## z.a.z ofthis Appeodix. Use I kilowatt-how-lDIIter baYing

• re.oJutioo no larger dum o.oot kilow.ttbOUl'l 

### and. maximum error DO sreaterdum

. OMperceDt.

1.3 WaterCOtl$umptJon. MeaBUl't! the •

•• ter COIlBllJJlptiOn, apecified •• !he number of88110ns delivered to the w.hw8sher

### dining the entire teal cycle. uaing a watermeter

. having a resolution no larger then o.ll!alion and a maximum errorno greaterthen 1.5 percent for all water now rates from one to five gallons per minute and for all water temperatures encountered in the teel cycle.

3.4 Report values. State the reported values ofmachine electrical energy COMumption and water consumption as measured.

4. Calculation of derivedrt!8ultsfrom test \ measuremenls.-4.1 Per-cycle waterenergy

consumption using electricallyheatedwater. 4.1.1 Dishwashers that operate with a nominal 140ap inlet water temperature. only. Calculate for the cycle type under te.t the per-cycle water energy consumption using electrically heated water.

### w

.. expressed in kiJowall-hours per cycle and defin.ed as: W.=VxTxK,
where V=reported water consumption in gallons per cycle for the cycle type under test. T=nominal waterheater temperature rise= 9O.·P. K=specific heat ofwaterin kilowatt-hours
per gallon per degree Fahrenheit=00240. 4.1.2 Dishwashers that operate at nominal inlet water temperature of120'P. Calculate for the cycle type 'lnder test the per cycle water energy consumption using electrically heated water. W•. expressed in kilowatt-hours per cycle and defined as: W.=VxKxff+T')/2 where VJ< and T are defined in 4.1.1 ofthis Appendix and T .=' nominal waler heater temperature

## rise = 70'F.

, 4.2 Per cycle water energy collBumption wing gas-heatedoroil-heated..water. 4.2.1 Dishwashers that operate with a nominal 140'P inlet water temperature. only. Calculate for the cycle type under lest the per cycle water energy coUllllllplion using gas-heated or oil-healed water. W expressed in Btu's per cycle and deIin.el'

as: W.=VxTxC/e. where V**II~~** are defined in 4.1.1 ofthis Appendix.

C=spec)ficbeat ofwater in Btu', per

## saUon

perdegree fahrenheit = 15.1966. e=nominal gas or oil waterhealer effiCiency= 0.75.

. 4.2.2 Dishwa.hers that operate at**~l** inlet water temperature ofl2O"F. CaIculale

ror the cycle type under teat the percyole
waterenergy consumption Ulinafl8I-heated

or oil-heated water. Wr expreased in Btu'lI
per cycie and defined 8S: where V andT Ire defined In 4.1.1 ofttrla Appendix, T IIdefined In

## 4.1.z ofthis AppendiX. lind C 8IJd e aredeftaed in

# u.., ofIbit Appelldlx.

4.3**Pe~** mocbinfJ

### eJsctricoJ_rgy consumptiotll.

4.3.1 Diall_shlll'l thai operate with a nominal1tO'Finlet water temperalure. only. Use the meuured value recorded in 3.2.1 aa the percycle machine electrical energy consumption, M. expressed inkllowatt-hours
percycle.

4.3.2 Dishwashers that operete lit nominal Inlet water temperature ofl2O"F. Calculate for the cycle type under Ie8t the percycle machine electriceJ energy conBumptioo. Me. expreaaed in kilowal\-boura per cycle and defined as: Me=(Me.+Me.}/Z
where Me, and Me. are Defined in 3Uofthis

Appendix. 4.4 TotalptIr-c;yr;le energyconlWmption. Calculate for the cycle type under test the total per-cycle energy COlUumptiOn. B. expressed inkilowatt-hours percycle. and defined as the IUDl ofthe per-cyc1e machine electrical energy COIlIumptiOD. M. plus the per-cycle waterenergy consumption of electrically-heated water. W. calculaied for the cycle type. determined according to 4.3 an4 4.1 respectively.

IFR Doc. sz,..1G1i Piled

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