### 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 

## 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 Rule23142 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 SW e I d d A , . n epen venu

.

ence 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 theHobart 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 heatingdishwashers 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 

### 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 ofConservation and

- Renewable

### ~nergy.' ACTION:' 

### Proposed rule.

SUMMARY: 

### T.\le Department ofEnergy
, (DOE) 

### hereby proposes to amend the

. 

### test**proce~ures** 

### for dishwashers by

.**r~vising.**

### the deffnition ofwater heating dlshwashers. Test procedures are one 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 otherprogram elements. the Washington, D.C. 20585, (202) 252-**M~.** . . " 

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

ofEnergy; Office ofGeneral 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 Organizalion 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 

### pursuantto Titte



### .'III. Part 

### B of 

### the Energy Policy anil .:. legislation requiras that standard

.. methods. oftesting:be prescribed for

..- covered products.
DATES: 

### Written comments·in response to this notice must be received byJuly 5. 1984; requests to speak at the public

. hearingmust be received byJune 15, 1984; speakers will be notified by June 18. 1984; statements must be submitted_ by June 20, 1984; the public hearing will be held onThursday. 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, SubpartB.

. Test proceduresfor'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 orderto accurately determine the estimated annual operating cost and the energy

### f~ctor for waterneating dishwashers (dishwashers that operate with 120·F

. inletwater). (48 FR 9202, Mar. 3;1983). The key distinction betwe.en water ADDRESSES: 

### Writtencomments.

### request~ to speak at the public hearing. and " copies of statements ofeach speaker are

. to be submitted to: U.S. Department of Energy, Office ofConservation 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 transcriptof 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 ofConservj!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; Waterheating dishwashers. 'In 1983. DOE amended the test procedures for dishwashers. The May 1982 proposed rulemaking was based upon problems1n the earliertest procedures from which

. several manufacturers had obtained relief. One manufacturer had been granted an exception to the dishwashel1 test procedures forits 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 KD

### 19 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 ofproviding 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 waterFederal 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 therequirement of thermostaticallycontrolled internal water heating was it t t ti d d i t cover s r ve an oes no oo res c 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

n 1 I t t d f' f

e or an o

me.. one as o r m controlling internal water heating are .available, such as a thermistor sensor coupled town electronic control or a mechanical timer to delay the wash t
,. a norms cyc e om ,.e . or base. water heating dishwas

hers. 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 thandishwashers 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 's e 140°F water . water heating dishwashers, today h di h h hi was ers w us s c 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

means a Water heating dishwasher 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) 

### _

# ~~.~~~·;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 waterheating 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 ofwater 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 watertemperature 'of 120'F by providing type ofcontrol 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 ofa 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 ofenergy ." 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 water.'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 hgntduty mechanical timers would mean that the cycle achieved the washmg performance testingprovisions for water.heating

. of a normal cycle, the water heating dishwashers wouldbe apphcable to dishwasher could then be tested under dishwashers that use HO'F inlet water. the light duty cycle in lieu ofthe 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

usesless 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, DOEis 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 ofthe comments concerning bothDOE'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

.



### h d f 

### "W "t 

### ""'g" 

### "'j·n-I!.; m' Gange rom eo. v. • !['

- a 'S /'. section 4.3.2, the parameter for the per-:. cycle machine**e~ectrical** energy

.
· consumption is proposedto 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 "DishwasherTest 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· confidentialwithin 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 bemake 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 ofto 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-o ventany 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 accuratedeterminations 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. 

### 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 publicinterest.'

. 

### 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 ofall initial oral statements. e.ach perscn who has made an 

### oral statement

### will be given the.-Opportunity to make a 

### rebuttal statement. The .rebuttal.statementswill be given in the order in which the official statements were.made aad will be .subjecfto time

### limitations.

Any in-terestoo

### p.erson whQ :Wishes .iG 

### 1. Prooedures for

### SubmittingRequests a'sk:a q!.leSti..on'at:the hear.ing may 

### to Speak. 

# Too fune 

### and praceofthe

. submit

### ,the q.ues liOn, 

### in writing. to the' 

### public hearing

### ·areIn.rncated'at 

### the presiding officer toooatiked of.Ml¥

. 

### b€gimling

### ofthis 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 ofpersons that has aninterest in

- 

### permit it 

### to be presante,dfaransweJ:. the proposed amendments. to make.a. Any further pr.ocsdm:a1 rulesregerdlng written request for an opportunity to proper conduct of the .hearing willbe make an oral presentation.:Such announced by the preSiding officsr_ requests should be directedto the A transcript·of-the hearing wi1l 

### be address indicated 

### at the beginning of made andthe:entire recoro ofthe this. notice andmust 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 maybe hand delivered inspection at the DOE Freedom of to such address between.the hours of .Information.ReadingRoom. RGlom 1E8:30 a.m. and 4:30 p.m; Monday through 152. Fon:estal.Building. 1000·

. Friday. Requests should be labeled IndependenceAvenue, SW.• "DishwasherTest Procedures (Docket Washington. D.C., between the hours of No. CE-RM-82"-130)" hoth-on the 8:30 a.m. and4:00**p.m~** 

### Monday through .document and on the envelope. Friday. For information concerning**L~e.**



### The person making·the·request should availability ofrecorda at the Freedom of briefly describe the 

### interest concerned InformatiQR.Reading Room. call (202)

. and. if

### appropriate. slatewhyhe 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 ofpersons 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 

### ofthis-notice, each EnvironmentaIProtection-Agen1:Y for his person·selectedta beheard:at the comments concern.ing the'impact ofthis hearing. Each person,s.elected,to be proposal on the quality of the heardis requestedio:submitseven environment. copies 

### .of.his Ql'

### herstatementto 

### the Since test procedures under the address and by'the·date given.atthe energy conservation progI:amfor beginning ofthis 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 ofHearings.and Dockets in test procedures will not result in any advance ofthe hearing by·so-indicating enVironmental impacts. DOE, .therefore. in.the letter requestingto 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 rightto.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 ofthe human environment within the establish the procedures governing the mean.ing of the National Environmental conduct ofthe hearing. Each Policy Act of 1969. Consequently. neither an Environmental Impact Statement nor an Environmental .' Assessment is required for the proposed rule.

. V. 

### Review UnderExecutive Order 12291

·The proposed rule has beenreviewed 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. TheExecutive 6rder alsQ requires thatregulatory hnpac±

. 

### analy.ses be pre.pared for "majorrules". The Executive,Order.d.efines "m.ajor rule" as anyx.egulation .thatis**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 ofthe. 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 waterheating dishvvashers to allow for mme accurate determinations of energy efficiency and· cost. Since the act ofprescribing test procedures alone does not impose anyburden on any person. indus.try. or government entity. DOE has determined thatthe propos.ed rules do not come within the definition of "majorrule"

. 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 

### ifthe 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 changeswoulp, not have significant economic impaCts. but rather would simply improve the test procedures. Therefore, DOE certifies that the proposedrules, 

### ifpromulgated, would nothave 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 ofTitle 10. Code ofFederal 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 of120'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 byremoving 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 

### Federal Register /.Vol. 49, 

# No. 108 / Monday, June 4, 1984 / Proposed Rules 

### 23145

Issued in Washington. D.C.• May 24. 1984. Pat Collins, ActingAssistantSecretary, Gonsen-'alion and renewableEnergy. 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 ofPart 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 ofwater heating dishwashers, Provisions in this Appendix pertaining 

### to dishwashers'which operatewith. 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 ofPart 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 ofPart 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