Monday

June 4, 1984

Part !

F-9 Department of

Energy

Office= of Conservation and Renewable

Energy

F71

^zl

10 CFR Part 430

Energy Conservation Program for

Consumer Products; Public Hearing

Regarding Test Procedures for

Dishwashers; Proposed Rule

CE-RM-82-130 COMMENT 03

Monday 

June 4, 1984 

Department -of 

Energ·y 

.IDa 

OUice of Conservation and Renewable ---

Energy' 

10 CFR Part 430-

Energy Conservation Program for 

Consumer Products; Public Hearing 

Regarding Test Procedures for 

Dishwashers; Proposed Rule 
23142 Federal Register

-DEPARTMENT OF ENERGY

Office of Conservation and

Renewable Energy

10 CFR Part 430

[Docket No. CE-RM-82-3301

Energy Conservation Program for

Consumer Products; Proposed

Rulemaking and Public Hearing

Regarding Test Procedures for

Dishwashers

AGENCY: Office of Conservation and

Renewable Energy. -

ACTION: Proposed rule.

Vol. 49, No. 108 / Monday. June 4, 1984 / Proposed Rules

Washington, D.C. 20585, (202) 252-

9127

Eugene Margolis, Esq., U.S. Department

of Energy; Office of General Counsel,

Forrestal Building, Mail Station GC-.

33, 1000 Independence Avenue, S.W.,

Washington, D.C. 20585, (202) 252-

9513

U.S. Department of Energy. Office of

Conservation and Renewable Energy,

Office of Hearings and Dockets.

Forrestal Building, Room 68-025, 1000

Independence Avenue. S.W.,

Washington, D.C. 20585, (202) 252-

9319

SUPPLEMENTARY..INFORMATION:

1. Background.

SUMMARY: The Department of Energy On October 1, 1977,- section 301 of the

(DOE) hereby proposes to amend the Department of Energy Organization Act.

-test procedures for dishwashers by (DOE Act) (Pub. L. 95-91) transferred the

revising. the definition of water heating functions of the Federal Energy

dishwashers. Test procedures are one Administration (FEA) concerning the

part of the energy conservation program. energy conservation program for

for consumer products established consumer products, to the Department. of

pursuant to the Energy Policy and Energy (DOE). The energy conservation

Conservation Act, as amended by the program for consumer products was

National Energy Conservation Policy established by the FEA pursuant to Title

Act. Among other program elements, the .111, Part B of the Energy Policy ant

legislation requires that standard Conservation Act (EPCA) (Pub. L. 94-

methods. of.testing:be.prescribed for 163). Subsequently; EPCA was amended

covered products, by the National Energy Conservation

DATES: Written comments in response to • Policy Act (NECPA) (Pub. L. 95-619).

this notice must b& received by July 5, Among other program elements, Section

1984; requests to speak at the public 323 of the-EPCA as amended requires

hearing, must be received by June 15, that-standard methods of testing be

1984; speakers will be notified. by June prescribed for covered products,

18,1984; statements must be.submitted_ including dishwashers. Test procedures

by June 20, 1984; the public hearing will appear at 10 CFR Part 430, Subpart B.

be held on Thursday, June 21,1984, at Test procedures €orrdishwashers were

9:30'a.m. first published on August 8, 1977: (42 FR

ADDRESSES: Written comments, requests 39964, Aug. 8; 1977). These test

to speak at the public hearing, and procedures were then amended on

copies of statements of each speaker are March 3, 1983 in order to accurately

to be submitted to: U.S. Department of determine the estimated annual. Energy, Office of Conservation and operating cost and the energy factor for

Renewable Energy, Office of Hearings waterheating dishwashers and Dockets, Dishwasher Test (dishwashers that operate with 120°F

Procedures, Docket No. CE-RM-a2-130; inlet water). (48 FR 9202, Mar. 3,'1983).

Room 6B-025, Forrestal Building, 1000 The key distinction between water heating dishwashers -and other types of Independence A venue.SW , .

Washington, D.C. 20585.

The public hearing will be held at

Room 1E-245, Forrestal Building, 1000

Independence Avenue, S.W.,

Washington, D.C. 20585.

dishwashers is that water heating

dishwashers wash dishes satisfactorily

with 120°F inlet water.. Other

dishwashers require 140°F inlet water.

II. Discussion

DOE Office of Hearings and Appeals

(OHA) granted an exception to the

Hobart Corporation (Hobart) for its KD19 Series dishwasher on February 26,

1980. The Department granted a test

procedure waiver to Norris Industries

(Norris) for its LER Series dishwasher.

(46 FR 35719, July 10, 1981). A test

procedure waiver was also granted to

the General Electric Company (GE) for

its "T" Series dishwasher. (47 FR 23543,

May 28, 1982). DOE proposed

amendments to the test procedures to

address these concerns. (47 FR 26143,

June 17, 1982).

During this rulemaking. GE

commented that water heating

dishwashers operate satisfactorily on1.0°F inlet water because the 120° inlet

-water is heated internally by the

dishwasher to a level sufficient to

achieve excellent washing and drying

results. Commenting on the 1982

proposed rule on water heating

dishwashers, Design and Manufacturing

Corporation (D&M), Sears, Roebuck and

Co. (Sears), and Whirlpool Corporation

(Whirlpool) stated that it would be

important to identify that, water heating

must take place during the normal cycle.

washing phase(s) for proper washing

performance, although it would not be

necessary that all of the water used

during the normal cycle be heated.

These cornmenters stated that at least

one wash phase and at least one rinse

phase should be thermostatically

controlled. These thermostatically-

.controlled.wash and rinse phases would

delay the normal cycle until the wash or

rinse water had been heated to its

required temperature. Dishwashers that

use 140°F water typically do not have

thermostatically-controlled water

heaters; these dishwashers may heat the

water continuously for the wash and

rinse phases.

DOE received no comments contrary

to-those suggesting that water heating

take place during the rinse phase.

During the rulemaking, no manufacturer

commented that the requirement of

providing thermostatically-controlled

internal water heating in at least one

rinse phase of the normal cycle was not

appropriate for water heating

dishwashers. Therefore, the requirement

of providing internal water heating in

one rinse phase was included in the

amended dishwasher test procedure.

Accordingly, DOE amended the

dishwasher test procedure in 1983 to

include a definition of water heating

dishwashers:

"Water heating dishwasher" means a

dishwasher that can operate at a nominal

inlet water temperature of 120°F by providing

thermostatically-controlled internal water

Copies of the transcript of the public - 1: Water heating dishwashers.-In 1983,

hearing, and the public comments - DOE amended the test procedures for

received may, be read in the DOE dishwashers. The May 1982 proposed

Freedom of_Inforlnation Reading-Room, . rulemaking was based upon problemsin

Room 1E-190, 1000 Independence the earlier test procedures from which

Avenue, S.W., Washington, D.C. 20585. several manufacturers had obtained

FOR FURTHER INFORMATION CONTACT. relief. One manufacturer had been

Michael J. McCabe, U.S. Department of granted an exception. to the dishwasher

Energy, Office of Conservation and test procedures for its water heating

Renewable Energy, Forrestal Building, dishwasher and two manufacturers had.

Mail Station; CE-112.1,1000 been granted test procedure waivers for,

Independence Avenue, S.W., their, water heating dishwashers. The

CE-RM-82-130 COMMENT 03

23142 Federal Register I Vol. 49, No. 108 I Monday. June 4, 1984 I Proposed Rules 

"DEPARTMENT OF ENERGY 

Office of Conservation and 

Renewable Energy 

10 CFR Part 430 .-

[Docket No. CE-RM-32-130] 

. Energy Conservation Program for 

Consumer Products; Proposed 

Rulemaki~g and Public Hearing 

Regarding Test Procedures tor' 

Dishwashers . 

AGENCY: Office of Conservation and -

Renewable ~nergy.' 

ACTION:' Proposed rule. 

SUMMARY: T.\le Department of Energy , 

(DOE) hereby proposes to amend the . 

test proce~ures for dishwashers by . 

r~vising. the deffnition of water heating 

dlshwashers. Test procedures are one 

part of the energy conserva tion 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 

Washington, D.C. 20585, (202) 252- M~. . . " 

Eugene Margolis, Esq., U.S. Department 

of Energy; Office of General Counsel. 

Forrestal Building. Mail Station GC33.1000 Independence Avenue. S.W., 

Washington. D.C. 20585. (202) 252- . 9513. ,. 

U.S. Department of Energy. Office of 

Conservation and Renewable Energy, 

Office of Hearings and Dockets. 

Forrestal Building, Room6B-025. 1000 

Independence Av.enue. S.W .. 

Washington, D.C. 20585. (202) 252-

9319 . 

SUPPt.EMENTARY.INFORMATlON: 

I. Background. 

Oli October 1.1977; section 301 of the 

Department of Energy Organiza lion Act. 

(DOE Act) (Pub. L. 95-91) transferred the 

functions of the Federal Eriergy . . 

. Administration (FEA) concerning the 

energy. conservation program fQf. 

consumer products. to the Department of 

Energy (DOE). The energy conservation 

program for consumer products was . 

. established by the PEA pursuant to Titte 

. 'III. Part B of the Energy Policy anil .:. 

legislation requiras that standard .. 

methods. of testing: be prescribed for .. -

covered products. 

DATES: Written comments· in response to 

this notice must be received by July 5. 

1984; requests to speak at the public . 

hearingmust be received by June 15, 

1984; speakers will be notified by June 

18. 1984; statements must be submitted_ 

by June 20, 1984; the public hearing will 

be held on Thursday. June 21. 1984, at 

9:30·a.m. 

Conservation Act (EPCA) [Pub. L. 94-' 

. .' 163}. Subsequently; EPCA was amended 

by the National Energy Conservation .. 

Policy Act (NECPA) (Pub. L. 95-619). ' 

Among other program ·elements. Section 

,323 (J~ the·EPCA as amended requires 

that-standard methods of testing be 

prescribed for covered products. , 

induding dishwashers. Test procedures 

. appear at 10 CFR Part 430, Subpart B. 

. Test procedures for'dishwashers were 

first published on August 8,1977: (42 FR 

39964, Aug. 8; 1977). These tellt 

procedures were then amended on 

March 3, 1983 in order to accurately 

determine the estimated annual 

operating cost and the energy f~ctor for 

waterneating dishwashers 

(dishwashers that operate with 120·F . 

inlet water). (48 FR 9202, Mar. 3;1983). 

The key distinction betwe.en water 

ADDRESSES: Written comments. request~ to speak at the public hearing. and " 

copies of statements of each speaker are . 

to be submitted to: U.S. Department of 

Energy, Office of Conservation and 

Renewable Energy, 9ffice of Hearings, . 

and Dockets. Dishwasher Test 

Procedures. Docket No. CE-:RM-82':'130; . Room 6B-025, Forrestal Building, 1000' . 

Independence AVenue. SW~. . . . h~ating dishwashers 'and other types of , dlshwashers is 'that water heating . . Washington, D.C. 20585. 

The public hearing win be held at 

Room lE-245, forrestal Building, 1000 

Independence AvelJlle. S.W .• 

Washington. D.C. 20585. 

Copies of the transcript of the public 

hearing, 'and the public comments ' 

receiv~d may, be read in the DOE 

Freedom ofInfor1l1ation Reading·Room, 

Room lE-190. 1000'[ndependence 

Avenue. S.W .• Washington. D.C. 20585. 

FOR FURTHER INFORMATION CONTACT: 

Michael J. McCabe. U.S. Depar.tment- of 

Energy. Office of Conservj!tion and 

. Renewable. Energy; Forrestal Huilding. 

Mail Statiun; CE-112.1. 1000 ' 

Independence Avenu~, S.W~ •. 

dishwashers' wash dishes satisfactorily 

with 120'F inlet water .. Other . 

dishwashers require 140°F inlet water. ~. ' 

II. Discussion 

1; Water heating dishwashers. 'In 1983. 

DOE amended the test procedures for 

dishwashers. The May 1982 proposed 

rulemaking was based upon problems1n 

the earlier test procedures from which . 

several manufacturers had obtained 

relief. One manufacturer had been 

granted an exception to the dishwashel1 

test procedures for its water heating 

dishwasher and two manufacturers had 

been granted test procedure waivers for·. 

their. water heating dish'\Yashers. The 

DOE Office of Hearings and Appeals 

(OHA) granted an exception to the 

Hobart Corporation (Hobart) for its KD19 Series dishwasher on February 26, 

1980. The Department granted a test 

procedurz waiver to Norris Industries 

(Norris) for its LER Series dishwasher. 

(46 FR 35719, July 10.1981). A test 

procedure waiver was also granted to • 

the General Electric Company (GEJ fo.~ 

. its "T" Series'dishwasher. (47 FR 23543, 

May 28, 1982J. DOE proposed 

amendments to the test urocedures to 

address these concerns. '(47 FR 26143. 

June 17, 1982), 

During this rulemaking, GE 

commented that water heating 

dishwashers operate satisfactorily on· 

gO·F inlet water bnc.ause the 120· inlet 

'water is heated internally by the 

dishwasher fo a level sufficient to 

achieve excellent washing and drying 

results. Commenting on the 1982 . 

proposed_rule on water heating 

dishwashers. Design and Manufacturing 

Corporation (D&M). Sears, Roebuck and 

Co. (Sears). and Whirlpool Corporation 

(Whirlpool) stated that it would be . 

important to identify that. water heating 

must take place during ilie normal cycle. 

washing phase(s) for proper washing 

performance. although it would not be 

necessary that all of the water used ' 

during the normal cycle be heated. , 

These commenters stated that at ieast 

one wash phase and at least one rinse 

phase should be thermostatically 

controlled. These thermostaticaHy-

. controlled wash and rinse phases woulddelay the normal cycle untii the wash or 

rinse water had been heated to its 

, required temperature. Dishwashers that 

use 140"F water typicaIly do not have 

thermostatically-controlled water 

heaters; these dishwashers may heat the 

water continuously for the wa;h and 

rinse phases. 

DOE received no comments contrary 

to· those suggesting that water heating 

take place during the rinse phase. 

During the rulemaking. no manufacturer 

commented that the requirement of 

providing thermostatically-controlled 

internal water heating in at leas.t on,e 

rinse phase of the normal cycle was'notappropriate for water heating 

dishwashers. Therefore. the requirement 

of providing internal water heating in . 

nne rinse phase was included in the . 

amended dishwasher test procedure. 

Accordingly. DOE amended the 

dishwasher test procedure in 1983 to 

include a definition of water heating 

dishwashers: 

"Water heating dishwasher" means a 

dishwasher that Gan operate at a nominal 

inlet water temperature of 120·F by providing 

thermostatically-controlled internal water 
Federal Register /. Vol. •49, No. 108 / Monday, June 4, 1984 / Proposed Rules

heating in at least-one wash phase and one . GE's definitions of a water heating

rinse phase of the normal cycle. dishwasher.

One purpose of the test procedures

amendment was to establish test

procedures appropriate for water

GE further commented that the

requirement of thermostaticallycontrolled internal water heating was

t i ti d d t it too res r c ve an oes no cover s

heating dishwashers, including ones t rh t qd h h GE manufactured by GE and Hobart. Today, wa e. ea mo is was ers.-

dtl t th e s

DOE is proposing to delete the

requirement-of providing

thermostatically-controlled internal

water heating in the rinse phase of the

1 I t t d f' f e n or

me.. one as o r m an o

controlling internal water heating are

.available, such as a thermistor sensor

coupled town electronic control or a

mechanical timer to delay the wash

norms cyc e om ,.e a t ,. . or base. water heating dishwashers. i Water heating dishwashers utilize

After publication of the final rule internal heaters thatshut 'off after the

amending the test procedures, both GE waterhas been heated to a certain

and Hobart, manufacturers of water

heating dishwashers, commented. to

DOE that their water heating dishwashers use less energy than

dishwashers would not comply with this dishwashers that use high temperaturedefinition because their water- heating water for all cycles. Thus, a key

dishwashers do not-provide internal distinction between water heating

water heating in the rinse phaseof the dishwashers and other dishwashers is a

normal cycle. GE recommended the control that shuts off the internal

following definition: heater(s) after the water has been

"Water heating dishwashers" means a heated to a certain level. A

dishwasher that can-operate at a nominal - thermostatically-controlled heater is one

inlet water temperature of 120'F by providing type of control that meets this

suffit:i'mt-internaj water heating in at li ast requirement. GE commented that a

one wagh phase to achieve the washing thermistor sensor coupled to an

performance of the normal cycle. electronic control also meets this

GE.contended that by requiring a requirement. DOE believes that a

water heating dishwasher to achieve the thermistor sensor is a type of a

washing performance of the normal thermostat control. DOE believes that a

cycle, the measures of energy thermistor is equivalent 'to a thermostat

consumption for these dishwashers and therefore sees no basis for adding

would be-directly comparable to thermistor sensors to the definition for

dishwashers which use 140°F inlet. - water heating dishwashers.

water: DOE believes the definition ,

GE also commented that a mechanical

'suggested by GE has -merit. However, timer could be used for water --heatingthe requirement that a dishwasher dishwashers in lieu of a

should "achieve the washing thermostatically-controlled device. DOE

believes performance of the normal cycle" could that timers may be used on any

apply to cycles other than the normal - dishwasher, including water heating

cycle, as long as these cycles satisfy this dishwashers . Defining water heating

requirement. For example, if a light duty dishwashers to include those that use

cycle achieved the washing performance mechanical timers would mean that the

of a normal cycle, the water heating testing. provisions for water heating

dishwasher could then be tested under dishwashers would be applicable to

the light duty cycle in lieu of the normal dishwashers that use 140°F inlet water.

cycle. The measures of energy In order to preclude inappropriate

consumption for this dishwasher would testing of dishwashers that use 140°F

not be comparable to measurements for inlet water under the provisions for e 140°F water . water heating dishwashers, today 's

dishwashers which us

because the light duty cycle typically

uses less water than a normal cycle.-

This would result in a much lower-- -

proposed definition of water heating

dishwashers does not include

. mechanical timers. DOE would like

t h d 'f fl, definition an i e estimate of annual-operating cost than if commen s on ow,

the same dishwasher was tested with should be amended to include other

the normal cycle. Therefore, today's designs, including mechanical timers.

definition for water heating dishwashers Today, DOE is proposing the does not include the requirement set following definition for a water heating

dish forth by GE to avoid confusion by washer:

manufacturers concerning which cycle " "

should be used for testing the,

dishwasher.

DOE is interested-in receiving - heating in at least one wash phase of the

comments concerning both -DOE's-and normal cycle.

level---other types of dishwashers do

not have such a control.I Water heating

Water heating dishwasher means a

dishwater that can operate at a nominal inlet

water temperature of 120'F by providing '

thermostatically-controlled internal"water

23143

GE further commented that the.

amended test procedures were unclear

as to which 'testing provisions applied to

water heating dishwashers. DOE is

proposing a new section to remedy this

problem, section 2.7.

2. Miscellaneous. DOE has

incorporated certain minor technical

and editorial changes in today's

proposed test procedures that are not

specifically discussed above. For

example, the-parameter for the machine

electrical energy consumption is

proposed to be changed from "Me" to

"M" in section 3.2.2. In section 4.2.1, theparameter, for the per-cycle water -

energy consumption using ga s-heated or

-oil-heated water is, proposed to be

changed from "We" to "Wg". Finally, in

section 4.3.2, the parameter for the per

cycle machine electrical energy .

consumption is proposed to be changed

from "m" to "M".

III. Comment Procedure

a. Written Comment

interested persons are invited to -

participate in the rulemaking by

submitting data, views, or arguments

with respect to the proposed

amendments set forth in this notice to

the addresses 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

Procedures (Docket No. CE-RIYI-82-

130)". Seven (7) 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 6 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. -

Factors of interest to DOE when

evaluating requests to treat as

confidential information that has been

submitted include: (1) A description of

the item; (2) an indication as to whether

and why.such items of information have

been treated by the submitting party as

confidential, and whether and why such

items are customarily treated as

confidential within the industry; (3)

CE-RM-82-130 COMMENT 03

_ ~~.~~~·;F;ed~e~r~a~1~R;e~g~is~te~r~/.~V~O~1~"~4~g'~N~o~.~1~08~/~M~o~n~d~a~Y~,~JU~n~e~4~:~19~8~4~/~P~r;ofPo;s~e~d~R~U~le~~~~~~'~2~31~4~3 GE further commented that the. 

amended test procedures were unclear 

as to which testing provisions applied to 

water heating dishwashers. DOE is '. 

proposing a new section to re!TIedy thIs 

problem, section 2.7. 

heating in at least.one ~ash phase and one GE's definitions of a water heating 

rinse phase oi the normal cycle. dishwasher. .. 

GE further commented that the 

One purpose of the test procedures requirement of thermostatical~y. 

amendment was to establish test controlled internal water heatmg was 

procedures appropria~e for ,:,ater too restrictive. and does not cover its 

heating dishwashers, mcludmg ones water heating dishwashers .. GE 

manufactured by GE and Hobart. Today, mentioned that other means of 

DOE is proposing to delete the controlling internal water heating are. 

requirement'ofproviding . .available, such as a thermistor sensor 

thermostatically-controlled mternal coupled to an electronic control Of. a water heating in the rinse phase of the . mechanical timer to delay the wash 

normal cycle from the definition for phase. 

water heating dishwa.shers. r . Water heating dishwasher!? ut~lize 

After publication of the final rule '. internal heaters that-souttoff after the 

amending the test procedures, both GE. water,has been heated to a certain 

and Hobart, manufacturers of water level-other types of dishwashers do .. 

heating dishwashers,com~entedto not have such a control. I Water heating 

DOE that their watm' heatmg. . . dishwashers use less energy than 

dishwashers would not comply with this dishwashers that use high temperaturedefinition because their water· heating water for all cycles. Thus, a key 

dishwashers do not-provide internal.. distinction between water heatin~ 

water beating in the rinse pha~e'of the dishwashers and other dishwashers is a 

normal cycle. GE recommended the control that shuts off the internfil 

followirig definition: . heater{s) after the water'hasbeen 

heated to a certain level. A "Water heating dishwashers" means a . thermostatically-controlled heater is one dishwasher that can' operate at a nominal ill 

inlet water temperature 'of 120'F by providing type of control that meets' is . suffjd'~nHntermi) water heating in ilt hmst requirement. GE commented that a 

one wa~ phase to achieve the washing thermistor sensor coupled to an 

performance of . the normal cycle. . .electronic control also meets tnis 

requirement. DOE believes that a GE.contended that by requiring a thermistor sensor is a type of a 

water heating dishwasher to achieve thEl thermostat contr.Ql. DOE believes that a 

washing performance of the normal' thermistor is equivalent "to a thermostat 

cycle, the measures of energy ." and therefore sees no basis for adding .' 

consUmption for these dishwashers· . '. thermistor sensors to the definition for 

would ba..directly comparable to . water heating dishwashers. .. dishwashers which use 140'F inlet· GE a:Iso commented that a mecnamcal 

water; DOE believes the definition.. timer 'could be use~ for wa ter.'heating 

suggested by GE ?asms;-it. However: dishwashers in lieu of a . 

the requirement that a d1shwasher thermostatically-controlled device. DOE 

should "achieve the washing believes that timers may be used on any .. performance of the normal cycle" could dishwasher, including wat!3r heating. 

apply to cycles other than the normal dishwashers. Defining water heating 

cycle, as long as these cyd~s $-~t~sfy this dishwashers to include those that use' 

requirement. For exampl~, 1f a hgnt duty mechanical timers would mean that the 

cycle achieved the washmg performance testing provisions for water.heating . 

of a normal cycle, the water heating dishwashers would be apphcable to 

dishwasher could then be tested under dishwashers that use HO'F inlet water. 

the light duty cycle in lieu of the normal In order to preclude inappropriate .", 

cycle. The measures of energy testing of dishwashers that use 140 r 

consumption for this. ~ishwasher would inlet ~ater under the provisions for 

not be comparable to measurements for water heating ~ishwashets. today:s 

dishwashers which use 140'F water proposed definition of.water heatIng. 

because the light duty cycle typically dishwashers does not mclude 

uses less water than a normal. cycle; . mechanical timers. DOE would like 

This would result in a much lower" . comments on how, and if" the definition 

; estimate of annual-operating cost than if should be amended to include other 

the same dishwasher was tested with designs, including mechan~cal timers. 

the normal cycle. Therefore, today's Today, DOE is proposing the . 

definition for water heating dishwashers following definition for a water heatmg 

does not include the requirement set dishwasher: . 

forth by GE to avoid confusion by "Water heating dishwasher" means a manufacturers concerning which cycle dishwater that can operate at a nominal inlet 

should be used for testing the' water temperature of 120"P ?y prov~ding . 

dishwasher. thermostatically~controlled mternal water 

DOE is interested· in receiving - heating in at least one' wash phase of the 

comments concerning both DOE's and normal cycle. . 

2. Misce!laneous. DOE has 

incorporated certain minor technical 

and editorial changes in today's 

proposed test procedures that are not 

specifically discussed above. For. . 

example. the·parameter for. the. machme 

electrical energy c(}nSumptIOn IS 

proposed to be changed fro~ "Me" to . 

"M" in s.ection 3.2.2. In sectIOn 4.2.1, the· 

param·eter. for the per-cycle water '. 

energy consumption using gaB-heated or 

.. oil-heated water is. proposed to be . 

Gange h d f rom "W eo. "t ""'g" v. "'j·n-I!.; m' • ![' - a 'S /'. 

section 4.3.2, the parameter for the per-:. 

cycle machine e~ectrical energy . 

· consumption is proposed to be changed 

from "m" to "M". 

Ill. Comment Procedure 

Q. Writte.n Comment. 

Interested persons are invited to 

participate in the rulemaking by 

submitting data, views, or arguments 

with respect to the proposed 

amendments set forth in this notice to 

the addresses indicated at the beginning 

of the notice. _ 

Comments should be identified on the· 

outside of the envelope and en 

documents submitted to DOE with the 

designation "Dishwasher Test 

Procedures (Docket No. CE-RM-B2-

130r. Seven (7) 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 

p~ovisions of}O CF~ 10~.~1, any person 

submitting imormatlOn wmch he or she 

believes to be confidential and exempt 

by law from public disclosure should 

submit one complete copy of the 

document and 6 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 

inform'ation and treat it according to its 

uetermination. 

Factors of interest to DOE when . evaluating-~q..uests to treat as 

confidential information that has been 

submitted include: (1) A description of 

the item; (2) an indication as to whether 

and whysuch items ofinformation have 

been treated by the submitting party as 

confidential. and whether and why _such 

items are customarily treated as· 

confidential within the industry; (3} 
23144 Federal Register / Vol. 49, No. 108 / Monday, June 4, 1984 / Proposed Rules

whether the information is generally presentation shall be limited to 20

known or available from other sources; minutes..

(4) whether the information has A DOE official will be-designated to

previously been made available to- preside at the hearing. The hearing will

others without obligation concerning its not be a judicial or an evidentiary-type

confidentiality; (5) an explanation of the hearing, but will be conducted in

competitive injury to the submitting accordance with 5 U.S.C. 553 and

person which would result from public Section 336 of the Act. At_the conclusion

disclosure;'(6) an indication as to when of all initial oral statements, each person

such information might lose its who has madean oral statement will be

confidential character due to the given the-opportunity to make a rebuttal

passage of time, and (7) whether statement. Therebuttal statements -will

disclosure of the information would be . be given in the order in which the

in the public interest. official statements were-made and will

b..Public Hergriag

1. Procedures farSubmitting Requests

to Speak. The :time and place of the

public hearing -are indicated- at the

beginning of this notice.-DOE invites

any person who boson interest in

today's proposed rule amendments, or determine. whether the question is

who is -a representative of a group or relevant and whether time limitations

class of persons that has an interest in - permit it to be presented for answer.

the proposed amendments,. to make -a . Any further procedural rules regarding

written request for an opportunity to proper conduct of the ?gearing will be

make an oral presentation. -Such announced by the presiding officerrequests should be directed to the A.transcript-of -the hearing will be

address indicated at the beginning of made and- the:entire record of the

this. notice and must be received by the hearing, including the transcript, will be

time specified at the begginning of this retained by DOE and. made -available for

notice. Requests may be hand delivered inspection at the DOE Freedom of

to such address between-the hours of -Information Reading Room, Room 1E8:30 a.m. and 4:30 p.m: Monday through 152, Forrestal. Building, 1000.

Friday. Requests should be labeled Independence. Avenue, SW.,

"Dishwasher Test Procedures (-Docket . Washington, D.C., -between the hours of

No. CE-RM-82=1303" both-on the 8:30 a.m. and 4:00 p.m., Monday through

document and on the -envelope. Friday. For information concerning the

The person making-the-request should availability of records at the Freedom of

briefly describe the interest concerned Information .Reading Room, call (202)

and, if appropriate , state why he or she 252-5969. In addition, any person may

is a proper representative of the group purchase a copy. of the transcript from

or class of persons that have -such an _ the reporter.

interest, and give -a telephone number IV. Environmental Review where he or-she maybe-contacted. Each

person requesting an opportunity to Pursuant to section 7(c)(2) of the

speak-should-give a concise summary of Federal Energy Administration Act of

the proposed oral presentation. 1974, a copy of this notice has been

DOE will notify, by the date indicated, submitted to the Administrator of the

at the beginning of this -notice, each Environmental.Protection,Agency for his

person-selected to be heard :at the comments concerning the impact of this

hearing. Each person selected-to be proposal on thequality of the

heard isrequestedto :submitseven environment.

copies of.his or her. statement to the Since test procedures under the

address and by-the.-.date given at the energy conservation program.for

beginning -of this notice. .In:the-oventany consumer products will be used only to

person wishing to testify cannot meet . standardize the measurement of energy

this requirement, alternative usage and will not affect the quality of

arrangements can be made with the distribution of energy usage , prescribing

Office of. Hearings-and Dockets in test procedures will not result in any

advance of the hearing by s* -indicating " environmental impacts. DOE, therefore,

in .the letter requesting. to make .an oral. has determined that prescribing test

presentation. procedures under the energy

2. Coaductof Hearing. DOE-reserves conservation program for consumer

the right to select the -persons to be products clearly is not a major Federal

heard at this hearing, to schedule the action significantly affecting the quality

respective presentations, and to of the human environment within the

establish the procedures governing the meaning of the National Environmental

conduct of the hearing. Each Policy Act of 1969. Consequently,

be subject to time limitations.

Any interested person who .wishes ta

ask a question 4at 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

neither an Environmental Impact

Statement nor an Environmental

Assessment is required for the proposed

rule.

V. Review Under Executive Order 12291

The proposed rule has been reviewed

in accordance with Executive Order

12291 which directsthat all regulations

achieve their intended.goals without

imposing unnecessary burdens on the

economy, on individuals, -on public or

private organizations, or on State ar

local governments. The Executive order

also requires that regulatory impact ..: -

analyses be prepared for "major rules".

The Executive,Order.defines "major. .

rule" as any r-egulatien -that is likely:to

result in: (1) An annual effect-on-the

economy of $100 million armorer t4)a

major increase in.costs or prices for

consumers, individual industries,

federal. State, or local government

agencies, or geographic regions; or (3)

significant adverse effects on -

competition,-investment, productivity,

innovation, or on-the ability of the.

United States-based enterprises to.

compete with foreign-based enterprises

in domestic or export markets.

The proposed rule would amend the

definition for water heating dishwashers

to allow for more accurate

determinations of energy efficiency andcost. Since the act of prescribing test

procedures alone does not impose any -

burden on any person, industry, or

government entity, DOE has determined

that the proposed rules do not come

within the definition of "major rule".

VI. Regulatory Flexibility Act

The Regulatory Flexibility Act, Pub. L.

96- 345 (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." The proposed

rule affects manufacturers of

dishwashers. As-previously discussed,

the proposed changes would not have

significant economic impacts, but rather

would simply improve the-test -

procedures. Therefore, DOE certifies

that the proposed rules, if promulgated,

would not have a "significant economic

impact on a substantial number of small

entities."

In consideration of the foregoing, it is

proposed to amend Part 430 of Chapter__

II of Title 10, Code of Federal

Regulations, as set forth below.

CE-RM-82-130 COMMENT 03

23144 Federal Register I Vol. 4,9. No. 10B I Monday, June 4, 1984 I Proposed Rules 

whether the inform?tion is generally 

known·or available from other sources: 

(4) whether the informatio,n has 

previously been made available to· 

others without obligation concerning its 

confidentiality; (5) an explanation of the 

competitive injury to the submitting 

person which would result from public 

disclosure; (6) an indication as to when 

such information might lose its 

confidential character due to the 

passage of time; and (7) whether 

disclosure of the information would be 

'in the public interest.' . 

b • .Publir;; Hem:i£Jg . 

pr~sentation 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 336 of the Act. At the conclusion 

of all initial oral statements. e.ach perscn 

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 

official statements were.made aad will 

be .subjecf to time limitations. 

Any in-terestoo p.erson whQ :Wishes .iG 

1. Prooedures for Submitting Requests a'sk:a q!.leSti..on 'at :the hear.ing may 

to Speak. Too fune and praceof the . submit ,the q.ues liOn, in writing. to the' 

public hearing ·are In.rncated'at the presiding officer toooatiked of.Ml¥ . 

b€gimling of this notice.' DOE invii:es Pf:1lSo.1 making B. .statement at the 

any -person who ·haslln interest iri: {. hearing. The presiding ,officer w:ill 

today's propased'l·til:e tImendments. or determine whether the question is 

whu hla representative of a group or relevant and whether time limitatioDs 

class of persons that has an interest in - permit it to be presante,d faransweJ:. 

the proposed amendments. to make.a. Any further pr.ocsdm:a1 rulesregerdlng 

written request for an opportunity to proper conduct of the .hearing will be 

make an oral presentation. :Such announced by the preSiding officsr_ 

requests should be directed to the A transcript ·of -the hearing wi1l be 

address indicated at the beginning of made andthe:entire recoro of the 

this. notice and must be received by the _ hearing. -including .the trans.cript. will be 

time specified at the beginnn-;g of this .. retained by DOE and.made·available for 

notice. Requests may be hand delivered inspection at the DOE Freedom of 

to such address between.the hours of .Information.Reading Room. RGlom 1E8:30 a.m. and 4:30 p.m; Monday through 152. Fon:estal.Building. 1000· . 

Friday. Requests should be labeled IndependenceAvenue, SW .• 

"Dishwasher Test Procedures (Docket Washington. D.C., between the hours of 

No. CE-RM-82"-130)" hoth -on the 8:30 a.m. and 4:00 p.m~ Monday through 

.document and on the envelope. Friday. For information concerning L~e. 

The person making ·the·request should availability of recorda at the Freedom of 

briefly describe the interest concerned InformatiQR.Reading Room. call (202) 

. and. if appropriate. slate why he or she 252-5969. In addition, _any pe£son may . is' a proper represeatative ofilie group purchase a cop.y. of the transcript from 

or class of persons that have such an the reporter. 

interest; and give '8 telephone number . where he or'she may"he'contacted. Each IV. EnvironmentalReview 

person requesting an opportunity to Pursuant to section 7 (c)(2) of .the 

speakshould·give a concise summary of Federal Energy Administration Act of 

the proposed oral presentation. .. 1974. a copy of this n.otice has been 

DOE will notify, by the date indicated.. submitted to the Administrator of the 

at the beginning of this-notice, each EnvironmentaIProtection-Agen1:Y for his 

person ·selected ta beheard:at the comments concern.ing the'impact of this 

hearing. Each person,s.elected,to be proposal on the quality of the 

heard is requested io :submitseven environment. 

copies .of .his Ql' her statement to the Since test procedures under the 

address and by'the·date given.atthe energy conservation progI:amfor 

beginning of this notice .. Int.lre·,event any consumer products will be used only to 

person wishing to testifycahnot 1Ireet . standardize the measurement of energy 

this requirement, al:temafiv-e . usage and wiIlnot affect the quality of 

arrangements can be made 'With the! distribution of energy usage, prescribing 

Office of Hearings .and Dockets in test procedures will not result in any 

advance of the hearing by·so-indicating enVironmental impacts. DOE, .therefore. 

in .the letter requesting to make .anm:a.l. has deterniined that prescribing test 

presentation. ... procedures under the energy . 

Z. G,ORduci{JfHearin.g. DOE.res·enres conservation program for consumer 

the right to .selectthe·persons .to be· products clearly is not a major Federal 

heard at this hearing. to schedule the action significantly affecting the quality 

respective presentations. and to of the human environment within the 

establish the procedures governing the mean.ing of the National Environmental 

conduct of the hearing. Each Policy Act of 1969. Consequently. 

neither an Environmental Impact 

Statement nor an Environmental .' 

Assessment is required for the proposed rule. . 

V. Review Under Executive Order 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 arr:! 

local governments. The Executive 6rder 

alsQ requires that regulatory hnpac± . 

analy.ses be pre.pared for "major rules". 

The Executive,Order.d.efines "m.ajor 

rule" as any x.egulation .that is 1ik~y to 

result in: (1) An ann11al effecUm.the 

economy of $l00:m.illionor.more; {2,) a 

major incr-sase in costs or prices for 

consumers. individuaJ industries, 

Federel. State, or local government 

agencies, or geographic r.egions; or (3) 

significant adverse effects on 

competition. investment. pruductivlty. 

innovation. or on·the ability of the. 

United States-based enterpr.is.es to.· 

compete with foreign-.based enterprises 

in domestic or export markets. 

. The proposed rule wo].lld amend the 

definition for water heating dishvvashers 

to allow for mme accurate 

determinations of energy efficiency and· 

cost. Since the act of prescribing test 

procedures alone does not impose anyburden on any person. indus.try. or 

government entity. DOE has determined 

that the propos.ed rules do not come 

within the definition of "major rule" . 

VI. Regulatory Flexibility Act 

The Regulatory Flexibility Act, ~b. L. 

9~45,f5 U.S.C. 601-:812). requires that 

an agency prepare animtial regulatory 

flexibility analysis to be published at .. 

the. time the proposed rule is published. 

This requirement {whiGh 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." The proposed 

rule &fects manufacturers of 

dishwashers. As.previously discussed. 

the proposed changes woulp, not have 

significant economic impaCts. but rather 

would simply improve the test 

procedures. Therefore, DOE certifies 

that the proposed rules, if promulgated, 

would not have a '~significant economic 

impact on a substantial number of small 

entities." 

In consideration of the foregoing, it is 

proposed to amend Part 430 of .chapter.. 

II of Title 10. Code of Federal 

Regulations, as set forth below. 
Federal Register /.Vol. 49, No. 108 / Monday, June 4, 1984 / Proposed Rules

Issued in Washington, D.C., May 24,1984.

Pat Collins,

Acting Assistant Secretary, Conservation and

renewable Energy.

List of Subjects in 10 CFR Part 430

Administrative practice and

procedure, Energy conservation,

Household appliances.

PART 430-ENERGY CONSERVATION

PROGRAM FOR CONSUMER

PRODUCTS

1. Appendix C to Subpart B of Part 430

is amended by revising section 1.6 to

read as follows:

1.8 "Water heating dishwasher"

means a dishwasher that can operate at.-

a nominal inlet water temperature of

120'F by providing thermostaticallycontrolled internal water heating in at

least one wash phase of the normal

cycle.

2. Appendix C to Subpart B of Part 430

is amended by adding a new section 2.7

to read as follows: -

2.7 Testing requirements. Provisions

in this Appendix pertaining to

dishwashers which operate with a

nominal inlet temperature of 140'F shall

apply to all dishwashers with the

exception of water heating dishwashers.

Provisions in this Appendix pertaining

to dishwashers which operate with a

nominal inlet temperature of 120°F shall

apply only to water heating

dishwashers.

'13145

3. Section 3.2.2 to Appendix C to

Subpart B of Part 430 is amended by

removing the term "Me" for the machine

electrical energy_consumptiob and

inserting in its place, the term "M".

4. Section 4.2.1 to Appendix C to

Subpart B of Part 430 is amended by

removing the term "We" for the Dercycle water energy consumption and

inserting in its place, the term "L%g".

5. Section 4.3.2 to Appendix C to

Subpart B of Part 430 is amended by

removing the term "m" for the per-cycle

machineelectrical consumption and

inserting l,1;tt place, the term "M",

iFR Doc. 84-1413:i F^Isd 6-1-84; 8:45 ecn(

BILLING CODS i SU-01-M

CE-RM-82-130 COMMENT 03

Federal Register /. Vol. 49, No. 108 / Monday, June 4, 1984 / Proposed Rules 23145 

Issued in Washington. D.C .• May 24. 1984. 

Pat Collins, 

Acting Assistant Secretary, Gonsen-'alion and 

renewable Energy. 

List of Subjects in 10 CFR Part 430 

Administrative practice and 

procedure. Energy conservation. 

Household appliances. 

PART 430-ENERGY CONSERVATION 

PROGRAM FOR CONSUMER 

PRODUCTS '. 

1. Appendix C to Subpart B of Part 430 

is amended by revising section 1.6 to 

read as follows: 

1:8 "Water heatjng dishwasher'" . 

means adishwasher that can operate at· 

NF.$!lL2 -nr; .. 

a nominal inlet water temDeniture of 

120'F by providing thermo"taticallycontrolled internal water heating in at 

least one wash phase of the normal 

cycle. . . 

2. Appendix C to Subpart B of Part 430 

is amended by adding a new section 2.7 

to read as follows: 

2.7 Testing requirements. Provisions 

in this Appendix pertaining to 

dishwashers which operate with a 

ilOminal inlet temperature of 140'F shall 

apply to all dishwashers with the 

exception of water heating dishwashers, 

Provisions in this Appendix pertaining 

to dishwashers' which operate with. a 

nominal inlet temperature of 120' F shall 

apply only to water heating 

dishwashers; . 

== 

3. Section 3.2.2 to Appendix C to 

Subpart B of Part 430 is amended by . 

. removing the term "Me" for the machine 

- electrical energy. consumption and 

. inserting in its place. the term "M", 

4. Section 4.2.1 to Appendix C to 

Subpart B of Part 430 is amended by 

removing the term "We" for the percycle water energy consumption and 

inserting in its place. the term "Wg", 

5, Section 4.3.2 to Appendix C to 

Subpart B of Part 430 is amend!'ld by 

removing the term "m" for the per-cycle 

machine. e]e~trical consumption and 

insertinitl1ljt'p place. the ierm "M", '\!"'\ " . [FR Doc. 64-1~3:i F·l.od &-1-&1; 8;45 amJ 

BIWNG COin; n:."SO-01-M