### Federal Register / Vol. 49, No. 229 [Tuesday, November 27, 1934 / Rules and Regulations 46533
ec^lrsmer^ssc^•r -° mY>u>na¢nr ...^^wsur^+e: rsuiaauza:ea^s^^+xm:_*^sx:^. Jnrmr.;a.zns®carc _ -

DEPARTMENT OF ENERGY

Office of Conservation and Renewable Energy



### 10 CFR Part 430

[Docket No

. CE-Rho

-82-1301

Energy Conservation Program for Consumer Products; Test Procedures for Dishwashers

AGEUCY: Office of Conservation and Renewable Energy, DOE.

ACTION: Final rule.
SUMMARY: The Department of Energy (DOE) hereby amends its test procedures for dishwashers by revising the definition of water heating dishwashers, and by making a few other related changes. 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 other program elements, the legislation requires that standard methods of testing be prescribed for covered products.

EFFECTIVE DATE: December 27, 1984.
FOR FURTHER INFORMATION CONTACT: Michael J. McCabe, U.S. Department of Energy, Office of Conservation and Renewable Energy, Forrestal Building, Mail Station CE-113.1, 1000 Independence Avenue, SW., Washington, D.C. 20585, (202) 252- 9127; or Eugene Margolis, Esq., U.S. Department of Energy, Office of General Counsel,Forrestal Building, Mail Station GC12,1000 Independence Avenue, SW., Washington, D.C. 20585, (202) 252- 9513.

SUPPLEMCNTARY INFORMATION:
A. Background.
On October 1, 1977, Section 301 of the Department of Energy Organization Act (DOE Act) (Pub. L. 95-91) transferred the functions of the Federal Energy Administration (FEA) concerning the energy conservation program for consumer products to the Department of Energy (DOE). The energy conservation program for consumer products was established by the FEA pursuant to Title 111, Part B of the Energy Policy and 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 of EPCA, as amended, requires that standard methods of testing be prescribed for covered products, including dishwashers. Test procedures for dishwashers appear at Appendix C to Subpart B of 10 CFR Part 430. Test procedures for dishwashers were first published on August 8,1977. (42 FR 39984, August 8,1977). Subsequently, three manufacturers of dishwashers that use 120 °F inlet water requested DOE to exclude their dishwashers from the prescribed test procedures. The Hobart Corporation (Hobart) filed an application for exception with the DOE Office of Hearings and Appeals (OHA) on September 5, 1979, for its Model KD-19 dishwasher. OHA granted an exception to Hobart on February 26, 1980. Norris Industries (Norris) applied to the Assistant Secretary for Conservation and Renewable Energy for a test waiver on November 5,1960. The Secretary granted the waiver for Norris' LER series dishwashers (48 FR 35719, J'ily 10, 1981). The General Electric Company (GE) applied for a test waiver for its "T" series dishwasher on November 6, 1981. The Secretary granted a waiver to GE for its "T" series dishwasher on May 28, 1982. (47 FR 33543: May 28, 1982). As required by $ 430.27(h) on March 3, 1983, DOE amended the dishwasher test procedures so as to eliminate the need for continuation of the test procedure waivers. (48 FR 9202, March 3, 1983). After the publication of the March 1983 rule, two dishwasher manufacturers, GE and Hobart, commented to DOE that their dishwashers which are designed to operate with 120 °F inlet water would not comply with the definition of water heating dishwashers because they do not provide internal water heating in the rinse phase of the normal cycle. Subsequently, DOE proposed to amend the water heating dishwasher definition. (49 FR 23142, June 4, 1984). A public hearing was held on June 21, 1984.


### B. Discussion
1. Heated Rinse Cycle. The June 1984 notice proposed amendments to the definition of a water heating dishwasher to delete the requirement for internal water heating in "at least one rinse phase of the normal cycle." DOE included this requirement in the March 1983 final rule based on comments received on the May 1982 proposed rule. In commenting on the May 1982 proposed rule, Design and Manufacturing Corporation (D&Ivl), Sears Roebuck and Co. ( Sears) and Whirlpool Corporation (Whirlpool) stated that at least one rinse phase must be thermostatically controlled. As discussed above, the test procedures for 

### ·Federal Register 

## I Vol. 49, No. 229 

# rTuesday, November 27. 

### 19B4 

## I Rules and Regulations 46533**~!Yn~iD"r~C"'~~~~~.:r,~~IJ.UlZ2~~.~~~~~**
DEPARTMENT OF ENERGV

Office of Conservation and Renewable Energy

10 CFR Part 430
[Docket No.**CE-RM~82-130]'** Energy Consarvation Program for Consumer Products; Test Procedures for DI5hw3shers

hGE'NCY: Office ofConservation and RenewableEnergy. DOE.

ACTIOU: Final rule.

SUMMARV: TheDepartment ofEnergy (DOE) hereby amends its test procedures for 

### dishwashers by revising
tna definition of water heating dishwashers, and by making 8 few other related changes. Test procedul'B§ are
one part ofthe energy conservation
program for consumer products established pursuant to tIle Energy Policy and Conservation Act. as amended by the National Energy Conservation Policy Act. Among other
program elements. the legislation requires that standard methods of testingbe prescribed for covered products.

EfFECTIVE DATE: December 27. 1984.

FOR !'URTHER INFORMATION cOInACT: Michael J. McCabe. U.S. Department of

Energy. Office ofConservation and Renewable Energy. Forresta! Building. Mail Station CE-113.1. 1000 Independence Avenue, SW., Washington. D.C. 20585. (202) 252- 9127; or

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

ofEnergy. Office ofGeneral Counsel. Forrestal Building, Mail Station GC12.1000 Independence Avenue. SW.• Washington. D.C. 20585. (202) 252- 9513.

SUPPLEMENTARY INFORMATION:

A. Background.

On'October 1. 1977. Section 301 ofthe Department ofEnergy Organization Act (DOE Act) (Pub. L. 95-91) tra;]sferred the functions ofthi! Federal Energy Administration (FEA) concerning the
energy conservation program for·

consumerproducts to the Depl',rtment of Energy (DOE). The energy conservation
program for consumer products \'Vas established by the FEA pursuant to Title III, Part B of the Energy Policy and Conservation Act (EPCA) (Pub. L. 94- 163). SlIbsequently, EPCA was amended by the National Energy Conservation Policy Act (NECPA) (Pub. 

### L 91Hl19). Among otherprogram elements, section 323 ofEPCA. as amended. requires that standard methods oftesting be prescribed for covered products. including dishwashers. Test procedures for dishwashers .appear at Appendix C
to Subpart Bof 10 CFR Part430.

Test procedures for dishwashers were first published on August 8. 1977. (42 

### FR 39984. August 8, 1977). Subsequently. three manufacturers of dishwashers that

use 120 OF inlet waterrequested DOEto exclude their dishwashers from the

. pres.;riued test procedures.

The Hobart Corporation (Hobart) filed

an application for exception with the DOE Office ofHearings and Appeals (OHA) on September 5. 1979. for its MoJe\ KD-19 dishwasher. OHA granted

an exception to Hobart on February 26. 1LJSQ. Norris Industries (Norris) applied
tu the Assistant Secretaryfor Conservation and Renewable Energy for

a test waiver on November 5. 19aO. The SIlf.relary g;-anted the waiverfor Norris'
I.ER series dishwashers (46 FR 35719. J,lIy 10. lH81). The General Electric Company (GE) applied for a test waiver

fUI' its 

### "'1''' series dishwasher on Novcn,bcr 6. 1981. The Secretary granted a waiver to GE for its "T" s'eries dishwasher on May 28. 1982. (47 FR 33543, May 28, 1982). As 

### requiredby § 430.27(h) on March 3, 1983. DOE ameiided the dishwasher test
, procedures so as to eliminate the need for continuation ofthe test procedure waivers. (48 

### FR 9202. March 3. 1983).

After the publication ofthe March 1983 rule, two dishwasher manufacturers. GE and Hobart. commented to DOE that their dishwashers which are designed to operate with 120 OF inlet water would

. not comply with the definition ofwater heating dishwashers because they do no! provide internal waterheating in the rinse phase ofthe normal cycle. Subsequently.DOE proposed to amend the waterheating dishwasher definition. (';9 FR 23142. June 4. 1984). A public hearing was held on June 21. 1984.


### B. Discussion



### 1. HealedRinse Cycle. The June 19M notice proposed amendments to the definition ofa waterheating dishwasher
to delete the requirement for internal
waterheating in "at least one rinse phase ofthe normal cycle." DOE included this requirement in the March 1983 final rule based on comments received on the May 1982 proposed rule

.. In commentingon the May 1982 propcsed rule, Desjgn and Manufacturing Corporation (D&M). Sears Roebuck and Co. (Sears) and Whirlpool Corporation (Whirlpool)

. stdled that at least one rinse phase must be the!mostatically controlled. As discussed above. the test procedures for 

### ·Federal Register 

## I Vol. 49, No. 229 

# rTuesday, November 27. 

### 19B4 

## I Rules and Regulations 46533**~!Yn~iD"r~C"'~~~~~.:r,~~IJ.UlZ2~~.~~~~~**
DEPARTMENT OF ENERGV

Office of Conservation and Renewable Energy

10 CFR Part 430
[Docket No.**CE-RM~82-130]'** Energy Consarvation Program for Consumer Products; Test Procedures for DI5hw3shers

hGE'NCY: Office ofConservation and RenewableEnergy. DOE.

ACTIOU: Final rule.

SUMMARV: TheDepartment ofEnergy (DOE) hereby amends its test procedures for 

### dishwashers by revising
tna definition of water heating dishwashers, and by making 8 few other related changes. Test procedul'B§ are
one part ofthe energy conservation
program for consumer products established pursuant to tIle Energy Policy and Conservation Act. as amended by the National Energy Conservation Policy Act. Among other
program elements. the legislation requires that standard methods of testingbe prescribed for covered products.

EfFECTIVE DATE: December 27. 1984.

FOR !'URTHER INFORMATION cOInACT: Michael J. McCabe. U.S. Department of

Energy. Office ofConservation and Renewable Energy. Forresta! Building. Mail Station CE-113.1. 1000 Independence Avenue, SW., Washington. D.C. 20585. (202) 252- 9127; or

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

ofEnergy. Office ofGeneral Counsel. Forrestal Building, Mail Station GC12.1000 Independence Avenue. SW.• Washington. D.C. 20585. (202) 252- 9513.

SUPPLEMENTARY INFORMATION:

A. Background.

On'October 1. 1977. Section 301 ofthe Department ofEnergy Organization Act (DOE Act) (Pub. L. 95-91) tra;]sferred the functions ofthi! Federal Energy Administration (FEA) concerning the
energy conservation program for·

consumerproducts to the Depl',rtment of Energy (DOE). The energy conservation
program for consumer products \'Vas established by the FEA pursuant to Title III, Part B of the Energy Policy and Conservation Act (EPCA) (Pub. L. 94- 163). SlIbsequently, EPCA was amended by the National Energy Conservation Policy Act (NECPA) (Pub. 

### L 91Hl19). Among otherprogram elements, section 323 ofEPCA. as amended. requires that standard methods oftesting be prescribed for covered products. including dishwashers. Test procedures for dishwashers .appear at Appendix C
to Subpart Bof 10 CFR Part430.

Test procedures for dishwashers were first published on August 8. 1977. (42 

### FR 39984. August 8, 1977). Subsequently. three manufacturers of dishwashers that

use 120 OF inlet waterrequested DOEto exclude their dishwashers from the

. pres.;riued test procedures.

The Hobart Corporation (Hobart) filed

an application for exception with the DOE Office ofHearings and Appeals (OHA) on September 5. 1979. for its MoJe\ KD-19 dishwasher. OHA granted

an exception to Hobart on February 26. 1LJSQ. Norris Industries (Norris) applied
tu the Assistant Secretaryfor Conservation and Renewable Energy for

a test waiver on November 5. 19aO. The SIlf.relary g;-anted the waiverfor Norris'
I.ER series dishwashers (46 FR 35719. J,lIy 10. lH81). The General Electric Company (GE) applied for a test waiver

fUI' its 

### "'1''' series dishwasher on Novcn,bcr 6. 1981. The Secretary granted a waiver to GE for its "T" s'eries dishwasher on May 28. 1982. (47 FR 33543, May 28, 1982). As 

### requiredby § 430.27(h) on March 3, 1983. DOE ameiided the dishwasher test
, procedures so as to eliminate the need for continuation ofthe test procedure waivers. (48 

### FR 9202. March 3. 1983).

After the publication ofthe March 1983 rule, two dishwasher manufacturers. GE and Hobart. commented to DOE that their dishwashers which are designed to operate with 120 OF inlet water would

. not comply with the definition ofwater heating dishwashers because they do no! provide internal waterheating in the rinse phase ofthe normal cycle. Subsequently.DOE proposed to amend the waterheating dishwasher definition. (';9 FR 23142. June 4. 1984). A public hearing was held on June 21. 1984.


### B. Discussion



### 1. HealedRinse Cycle. The June 19M notice proposed amendments to the definition ofa waterheating dishwasher
to delete the requirement for internal
waterheating in "at least one rinse phase ofthe normal cycle." DOE included this requirement in the March 1983 final rule based on comments received on the May 1982 proposed rule

.. In commentingon the May 1982 propcsed rule, Desjgn and Manufacturing Corporation (D&M). Sears Roebuck and Co. (Sears) and Whirlpool Corporation (Whirlpool)

. stdled that at least one rinse phase must be the!mostatically controlled. As discussed above. the test procedures for

### 46534 Federal Register / Vol. 49

, No. 229 / Tuesday, November 27, 1984 / Rules and Regulations

dishwashers were amended to include test procedures for water heating - - dishwashers in order to eliminate the need for continuation of the test procedure waivers.' After publication ofthe March 1983 final rule, both GE andHobart commented to DOE that their water heating dishwashers do not comply with the definition. GE and Hobart agreed with the June 1984 proposal (GE, No. 12, at 9; and Hobart, No. 15, at 1).2 Whirlpool and Thermador/WasteKing (WasteKing) recommended that the requirement for a heated rinse not be cftanged in order to assure satisfactory dishwashing performance. (Whirlpool, No. 14, at 1; and WasteKing, No. 16, at 1). Whirlpool found in testing dishwashers with 120'F water, which was theromostatically heated to 140 °F in only one wash phase, that the drying performance had degraded in comparison to dishwashers with 140 °F water in all fill phases. (Whirlpool, 5- 1). WasteKing stated that its test .;Its support Whirlpool's. In responding to these comments by Whirlpool and WasteKing, GE cited the March 1963 final rule in which the Department concluded that manufacturers should be allowed to determine, for themselves, whether the dishwashing performance for water heating dishwashers is acceptable. (March 3, 1983, 48 FR 9204). See GE, No. 12, at 2. Hobart also stated that the manufacturer should be allowed to design a dishwasher which it believes will satisfy to performance requirements of its customers. Hobart illustrated manufacturer respdnsiveness by citing how an earlier design of its KitchenAid dishwasher had been redesigned in order to meet consumer demands for a quicker drying period. See Hobart, No. 15, at 1, 2. Based on all the relevant information, including review of these comments, DOE continues to believe hat manufacturers should be free as much as possible-to design products to satisfy their customers' requirements. Accordingly, today's final rule does not include a requirement for a heated rinse. This position is further supported by the two waivers which have been granted in this regard. 2. Inlet Water Temperature. GE and Maytag proposed that the definition of water heating dishwasher be changed to include language stating that the manufacturer recommends a nominal inlet water temperature of 120 °F. (GE, 6-21/2; and Maytag, No. 13, at 2). Maytag recommended the change so as to assure that energy consumption claims would accurately reflect the energy use of the dishwasher as recommended by the manufacturer and used by the consumer. GE also recommended that a water heating dishwasher is one "that the manufacturer recommends is able to operate at a nominal inlet water temperature of 120 °F' See GE, 6- 21/2, Hobart also commented that while the definition may be adequate for dishwashers currently distributed in the United States, it may need to be modified for an inlet water supply of less than 120 °F as future designs change. (Hobart, No. 15, at 2). Specifically, Hobart cited European dishwashers "which are designed to be plumbed to cold water and * ` * employ thermostatic internal water heating but with a 230 VAC power source." Subsequent to the close of the comment period of this rulemaking, DOE received a petition for test procedure waiver for this type of dishwasher.3 DOE has reviewed these comments and agrees with each. Today's final rule amends the definition of water heating dishwasher to include the language that the manufacturer directs that nominal inlet water temperature of 120 °F should be used. However, Hobart's comments regarding dishwashers designed to be plumbed to cold water will be addressed in a separate rulemaking action since it is an issue outside of this rulemaking. 3. 14'ash Water Temperature. Whirlpool (Whirlpool 6-18/1, No. 14 at 1, and No. 14a, at 1, 2) proposed that the test procedure require the temperature of the circulating water to reach 140 IF in the thermostatically controlled phases. Whirlpool contends that this is
necessary to ensure adequate performance, and as a safeguard against inadequate water heating. Whirlpool recommended "that the water temperature be measured in the lower rack at a height of six inches above the bottom of this rack within a 12 inch diameter, centered in the lower dishrack". To support this proposal Whirlpool cited its test results where a competitor's water heating dishwasher was only able to attain 135 IF in the wash cycle, and several dishwasher detergent manufacturers, recommendations that the water - temperature be at least 140 °F. Based upon dishwasher detergent manufacturers' recommendations for 140 °F water temperature, Whirlpool believes the test procedure should include a temperature requirement for the circulating water. In addition, Whirlpool believes this requirement is necessary since its test results of a competitor's dishwasher show that the competitor's dishwasher is not able to provide the recommended 140 °F water temperature. GE, WasteKing and Hobart each rejected Whirlpool's proposal. (GE, No. 12, at 2; Hobart, No. 15, at 2; and WasteKing, No. 16, at 2). GE states that this is a performance issue which, in the March 1983 final rule, DOE left to manufacturers to determine. Hobart also' took the position that the level to which, a dishwasher heats the water should beov left to the manufacturer. WasteKing rejected Whirlpool' s proposal, " commenting that its dishwasher design .does not heat the main body of water' directly and does not control water' temperature. Rather, the dishwasher generates

. steam to heat the dishes and indirectly heats the water. WasteKing's heating control mechanism does not guarantee the exact temperature of the water during circulation. Furthermore, this proposal was raised in response to DOE's May 1982 notice and rejected by DOE in the March 1983 final rule. See 48 FR 9203, March 3, 1983. In addition, DOE raised the WasteKing design as possibly not meeting the Whirlpool proposal at the June 1984 public hearing and requested that Whirlpool comment on the WasteKing design vis

-a-vis its proposal for measuring the temperature of the heated circulating water. Whirlpool agreed to this request. (See Whirlpool 6-21/1). However, in its written response Whirlpool did not respond to this request. DOE continues to believe, as in-the March 1983 final rule, that a requirement to heat water to a specified minimum temperature is unnecessarily restrictive in the test procedure and could exclude
steam dishwashers from the water ' OHA granted an exception to Hobart on February 28, 1980, for its KD-19 dishwasher, The Secretary granted a waiver to GE for its "T' series dishwasher on May 28. 1982. Neither the KD-.19 dishwasher or the "T" series dishwasher provide internal water heating in the rinse phase of the normal cycle.
s Comments on the rulemaking were given docket numbers. Citations to the comments provide the docket numbers, unless the comment was submitted as part of an oral presentation . In which case the citation is to the date and the numerical order of the presentation. s On August 20,1984

, DOE received a petition for heating dishwasher category. Therefore. a test procedure waiver from ANDI Co. for its today's final rule does not include a Favorit Model 28r. and 265 dishwashers

. These requirement of a rise to a specified dishwashers are manufactured in Germany and operate on an electrical supply of 240 volts and are temperature for water heated by a water intended to use cold water input only. heating dishwasher. , 

### ,18534 Federal Register 

## I Vol. 49. 

### No. 229 

## JTuesday. November 27, 1984 

## JRules and Regulations**~1':I~"e&~'~~SllOi'u..~~~M4.~~U"'~~~'~i:;~~~'~~** dishwashers were amended to include
test procedures for waterheating _ - dishwashers in order to eliminate the need for continuation ofthe test procedure waivers.! Afterpublication of the March 1983 final rule. both CE andHobart commented to DOE that their
waterheating dishwashers do not comply with the definition.

CE and Hobart agreed with the June 1984 proposal (GE. No. 12. at 

### I; and Hobart. No. 15. at 1).2

\<\'hirlpool andThermador/WasteKing (WasteKing) recommended that the requirement for a heatedrinse not be changed in order to assure satisfactory dishwashing performance. (Whirlpool, No. 14. at 1; and WasteKing, No. 16. at 1). Whirlpool found in testing

. dishwashers with 120 OF water, which \

...·as theromostatically heated to 140 OF in only one wash phase, that the drying performance had degraded in

_ comparison to dishwashers with 140 

### OF ";<;ler in all fill phases. (Whirlpool. 5- '1). WasteKing stated that its test. .' ,;lts support Whirlpool's. 1n responding to these comments by 'Whirlpool and WasteKing. CE cited the March 1903 final rule in which the Department concluded that manufacturers shouldbe allowed to determine. for themselves, whether the dishwashing performanc:;e for water heating dishwashers is acceptable. (March 3, 1983, 48 

### FR 9204). 

### See CE, No. 12, at 2.

Hobart also stated that the manufacturer should be allowed to design a dishwasher which it believes will satisfy to performance requirements ofits customers. Hobart illustrated manufacturer resp6nsiveness by citing how an earlier design ofits KitchenAid dishwasherhad been redesigned in order to meet consumer demands for EI quicker drying period. 

### See Hobart. No. 15, at 1. 2. Based on all the relevant infotmation. including review ofthese
comments. DOE continues to believe hat manufacturers should be free as much as possible-to design products to satisfy their customers' requirements. Accordingly, today's final rule does not include a requirement**fo~** a heated rinse.

.This position is further supported by the

• OHA granted aD exception to Hoban on February 26. 1980. for its KD-19 dishwasher. The Secretary granted a wai\'er to GE for its 'T' aeries dishwasher on May 28.**lQ8~.** Neither the KD-IQ dishwasher or the "T" aeries dishwasherprovide Internal water heating in the rinae phase ofthe nonnal cycle.

J Comments on the rulemaking were given docket numbers. Citations to the comment. provide the docket numbers. unles8 the comment was aubmitted

88 pan ofan oral presentation. In which case the citation ill to the date and the numerical order oftbe preaentatiDn. two waivers which have been granted in this regard. '

, 2. 

### Inlet Water Temperature. GE and Maytag proposed that the definition of
water heating dishwasher be chanoed to include language stating that the' 0 manufacturerrecommends a nominal inlet water temperature of 120 OF. (CEo 6-21/2: and Maytag, No. 13. at 2). Maytag recommended the change so as to assure that energy consumption claims would accurately reflect the
energy use ofthe dishwasher as recommended by the manufacturer and used by the consumer. GE also recommended that a waterheating dishwasher

### is one "that the manufacturerrecommends is able to operate at a nominal inlet water temperature of120 OF • " "

.. 

### See CE, 6- 21/2.

Hobarl also commented that while the definition maybe adequate for -' dishwashers currently distributed in the United Slales, it may need to be modified for an inlel water.supply of less than 120 OF as future designs change. (Hobart, No. 15. at 2). Specifically. Hobart cited European dishwashers "which are designed to be plumbed to cold water and" •• employ thermostatic internal water heating but with a 230 VAC power source." Subsequent to the close ofthe comment period ofthis rulemaking, DOE received

a petition for test procedure waiver for this type ofdishwasher.:!

-

DOE has reviewed these comments and agrees with each. Today's final rule amends the definition ofwaterheating dishwasher to include the language that the manufacturer directs that nominal inlet water temperature of120 OF should be used. However. Hobart's comments regarding dishwashers designed to be plumbed to cold water will be addressed in a separate rulemaking action since it is an issue outside ofthis rulemaking.



### 3. l1'ash l'l'ater Temperature. Whirlpool (Whirlpool 6-18/1, No. 14 at 1, and No. 14a, at 1, 2) proposed that the
test procedure require the temperature of the circulating water to reach 140 OF in the thermostatically controlled phases. Vv'hirlpool contends that this is
necessary to ensure adequate .-.- performance. and as a safeguard against inadequate water heating. Whirlpool recommended "that the water temperature be measured in the lower rack at a height ofsix inches above the bottom ofthis rackwithin s 12 inch

• On August 20.1984. DOE received a petition for

a test procedure waiver from AND! Co. for illl Fevorit Model ztx: and 265 dishwashers. These dishwashers 8re manufactured in Gennany and operat" on an electrical supply of240 \'olt. and 8N' intend

...d to use cold water input only. diameter, centered in the lower di&hrack". To support this proposal Whirlpool cited its test results where a competitor's waterheating dishwasher

was onlv able to attain 135 'F in the wash

### cj~cle, and several dishwasher detergent manufacturers. recommendations that the water temperature be at least 140 'F. Based
upon dishwasher detergent manufacturer'S' recommendations for 140 OF water temperature, \V'hirlpool believes the test procedure should include a temperature requirement for the circulating water. In addition, Whirlpool believes this requirement is
necessary since its test results ofa c;ompelitor's dishwasher show that the competitor's dishwasheris not able to pro\'ide the recommended 140 OF water temperature.

CE, \\'asteKing find Hobart each rejected Whirlpool's proposal. (GF., No. 12, at 2: Hobart, No. 15, at 2: and Was!(>King, No. 16, at 2). CE stales that this is a performance issue which. in the March 1983 final rule. DOE left to manufacturers to determine. Hobart also':

. took the position that the level to whichl

a dishwasherheats the water should bit· left to the manufacturer. WasteKing" rejected Whirlpool's proposal,

. commenting that its dishwasher desifjn

.does not heat the main bod\;of**wate~** directly and does not control**water·~** temperature. Rather, the dishwasher generates.steam to heat the dishe& and indirectly heats the water. WasteKing's heating control mechanism does not guarantee the exact temperature ofthe
water during circulation. Furthermore, this proposal was raised in response to DOE's May 1982 notice and rejected by DOE in the March 1983 final rule. 

### See 48 FR 9203, March 3, 1983. In addition. DOE raised the WasteKing design as possibly
not meeting the \'\'hirlpool proposalst the June 19M public hearing and requested that Whirlpool comment on the WasteKing design vis-a-vis its proposal for measuring the temperature ofthe heated circulating water. Whirlpool agreed to this request. 

### (See Whirlpool 6-21/1). Howe\·er. in its written response Whirlpool did not respond to this request.

.

DOE continues to believe. as in·the March 1983 final rule, that B requirement
to heat water to a specified minimum temper<,ture is unnecessarily restrictive .;. in the test procedure and could exclude
steam dishwashers from the water heating dishwasher category. Therefore. today'S final rule does not include a requirement of a rise to a specified temperature for waterheated by a water heating dishwasher

.. 

### ,18534 Federal Register 

## I Vol. 49. 

### No. 229 

## JTuesday. November 27, 1984 

## JRules and Regulations**~1':I~"e&~'~~SllOi'u..~~~M4.~~U"'~~~'~i:;~~~'~~** dishwashers were amended to include
test procedures for waterheating _ - dishwashers in order to eliminate the need for continuation ofthe test procedure waivers.! Afterpublication of the March 1983 final rule. both CE andHobart commented to DOE that their
waterheating dishwashers do not comply with the definition.

CE and Hobart agreed with the June 1984 proposal (GE. No. 12. at 

### I; and Hobart. No. 15. at 1).2

\<\'hirlpool andThermador/WasteKing (WasteKing) recommended that the requirement for a heatedrinse not be changed in order to assure satisfactory dishwashing performance. (Whirlpool, No. 14. at 1; and WasteKing, No. 16. at 1). Whirlpool found in testing

. dishwashers with 120 OF water, which \

...·as theromostatically heated to 140 OF in only one wash phase, that the drying performance had degraded in

_ comparison to dishwashers with 140 

### OF ";<;ler in all fill phases. (Whirlpool. 5- '1). WasteKing stated that its test. .' ,;lts support Whirlpool's. 1n responding to these comments by 'Whirlpool and WasteKing. CE cited the March 1903 final rule in which the Department concluded that manufacturers shouldbe allowed to determine. for themselves, whether the dishwashing performanc:;e for water heating dishwashers is acceptable. (March 3, 1983, 48 

### FR 9204). 

### See CE, No. 12, at 2.

Hobart also stated that the manufacturer should be allowed to design a dishwasher which it believes will satisfy to performance requirements ofits customers. Hobart illustrated manufacturer resp6nsiveness by citing how an earlier design ofits KitchenAid dishwasherhad been redesigned in order to meet consumer demands for EI quicker drying period. 

### See Hobart. No. 15, at 1. 2. Based on all the relevant infotmation. including review ofthese
comments. DOE continues to believe hat manufacturers should be free as much as possible-to design products to satisfy their customers' requirements. Accordingly, today's final rule does not include a requirement**fo~** a heated rinse.

.This position is further supported by the

• OHA granted aD exception to Hoban on February 26. 1980. for its KD-19 dishwasher. The Secretary granted a wai\'er to GE for its 'T' aeries dishwasher on May 28.**lQ8~.** Neither the KD-IQ dishwasher or the "T" aeries dishwasherprovide Internal water heating in the rinae phase ofthe nonnal cycle.

J Comments on the rulemaking were given docket numbers. Citations to the comment. provide the docket numbers. unles8 the comment was aubmitted

88 pan ofan oral presentation. In which case the citation ill to the date and the numerical order oftbe preaentatiDn. two waivers which have been granted in this regard. '

, 2. 

### Inlet Water Temperature. GE and Maytag proposed that the definition of
water heating dishwasher be chanoed to include language stating that the' 0 manufacturerrecommends a nominal inlet water temperature of 120 OF. (CEo 6-21/2: and Maytag, No. 13. at 2). Maytag recommended the change so as to assure that energy consumption claims would accurately reflect the
energy use ofthe dishwasher as recommended by the manufacturer and used by the consumer. GE also recommended that a waterheating dishwasher

### is one "that the manufacturerrecommends is able to operate at a nominal inlet water temperature of120 OF • " "

.. 

### See CE, 6- 21/2.

Hobarl also commented that while the definition maybe adequate for -' dishwashers currently distributed in the United Slales, it may need to be modified for an inlel water.supply of less than 120 OF as future designs change. (Hobart, No. 15. at 2). Specifically. Hobart cited European dishwashers "which are designed to be plumbed to cold water and" •• employ thermostatic internal water heating but with a 230 VAC power source." Subsequent to the close ofthe comment period ofthis rulemaking, DOE received

a petition for test procedure waiver for this type ofdishwasher.:!

-

DOE has reviewed these comments and agrees with each. Today's final rule amends the definition ofwaterheating dishwasher to include the language that the manufacturer directs that nominal inlet water temperature of120 OF should be used. However. Hobart's comments regarding dishwashers designed to be plumbed to cold water will be addressed in a separate rulemaking action since it is an issue outside ofthis rulemaking.



### 3. l1'ash l'l'ater Temperature. Whirlpool (Whirlpool 6-18/1, No. 14 at 1, and No. 14a, at 1, 2) proposed that the
test procedure require the temperature of the circulating water to reach 140 OF in the thermostatically controlled phases. Vv'hirlpool contends that this is
necessary to ensure adequate .-.- performance. and as a safeguard against inadequate water heating. Whirlpool recommended "that the water temperature be measured in the lower rack at a height ofsix inches above the bottom ofthis rackwithin s 12 inch

• On August 20.1984. DOE received a petition for

a test procedure waiver from AND! Co. for illl Fevorit Model ztx: and 265 dishwashers. These dishwashers 8re manufactured in Gennany and operat" on an electrical supply of240 \'olt. and 8N' intend

...d to use cold water input only. diameter, centered in the lower di&hrack". To support this proposal Whirlpool cited its test results where a competitor's waterheating dishwasher

was onlv able to attain 135 'F in the wash

### cj~cle, and several dishwasher detergent manufacturers. recommendations that the water temperature be at least 140 'F. Based
upon dishwasher detergent manufacturer'S' recommendations for 140 OF water temperature, \V'hirlpool believes the test procedure should include a temperature requirement for the circulating water. In addition, Whirlpool believes this requirement is
necessary since its test results ofa c;ompelitor's dishwasher show that the competitor's dishwasheris not able to pro\'ide the recommended 140 OF water temperature.

CE, \\'asteKing find Hobart each rejected Whirlpool's proposal. (GF., No. 12, at 2: Hobart, No. 15, at 2: and Was!(>King, No. 16, at 2). CE stales that this is a performance issue which. in the March 1983 final rule. DOE left to manufacturers to determine. Hobart also':

. took the position that the level to whichl

a dishwasherheats the water should bit· left to the manufacturer. WasteKing" rejected Whirlpool's proposal,

. commenting that its dishwasher desifjn

.does not heat the main bod\;of**wate~** directly and does not control**water·~** temperature. Rather, the dishwasher generates.steam to heat the dishe& and indirectly heats the water. WasteKing's heating control mechanism does not guarantee the exact temperature ofthe
water during circulation. Furthermore, this proposal was raised in response to DOE's May 1982 notice and rejected by DOE in the March 1983 final rule. 

### See 48 FR 9203, March 3, 1983. In addition. DOE raised the WasteKing design as possibly
not meeting the \'\'hirlpool proposalst the June 19M public hearing and requested that Whirlpool comment on the WasteKing design vis-a-vis its proposal for measuring the temperature ofthe heated circulating water. Whirlpool agreed to this request. 

### (See Whirlpool 6-21/1). Howe\·er. in its written response Whirlpool did not respond to this request.

DOE continues to believe. as in·the March 1983 final rule, that B requirement
to heat water to a specified minimum temper<,ture is unnecessarily restrictive .;. in the test procedure and could exclude
steam dishwashers from the water heating dishwasher category. Therefore. today'S final rule does not include a requirement of a rise to a specified temperature for waterheated by a water heating dishwasher

..

### Federal Register / Vol. 49, No. 229 / Tuesday, November 27, 1984 / Rules and Regulations 46535

4. Test Load Whirlpool and Hobart recommended that a minimum number of eight place settings be specified for testing water heating dishwashers. (Whirlpool, No. 14, at 1; Hobart, No. 15, at 3). Hobart states that Association of Home Appliance Manufacturers (AHAM) Standard DW-1, referenced in Section 2.6.2 of the DOE dishwasher test procedures, is discretionary as to test load size and could affect test results.4 Hobart goes on to state that test loads vary depending on which laboratory is conducting the testing. The test load ranges from eight place settings (generally used by Procter and Gamble) to 12 place settings (generally used for the ARAM test for full sized units). WasteKing agrees that the size of the test load should be added to the specification. (WasteKing, No. 16, at 2). However, WasteKing does not propose a test load size. . GE commented that such a provision is redundant because under the Federal Commission (FTC) labeling ;m, standard dishwashers have a city of eight or more place settings e compact dishwashers have a pacity of less than eight place e'^_tings. (GE, No. 12, at 3). GE further sta;,es that since the current test roc-edures require the use of a dish load tccordance with AHAM Standard -1, they believe that the equ,rement of a minimum of eight place settings is already established for 'standa' d' dishwashers." GE infers that all water heating dishwashers are standard dishwashers.' DOE agrees that standard sized water heating dishwashers should be tested with eight place settings in order to eliminate any test variability due to the size of the test load. However, DOE believes that a requirement to test water heating dishwashers with a minimum of eight place settings would be too restrictive since compact water heating dishwashers could be manufactured at a later date. DOE believes this amendment will standardize the testing and provide flexibility in the test procedure if compact water heating

' AHA.M standard DW-1 does not specify the number of place settings required ; rather, it allows the testing facility to determine the number of place settings to be used. 'As Hobart stated (Hobart, No. 15, at 2) the current definition of water heating dishwashers may need to be modified as dishwashers are introduced into the market place that are designed to be plumbed to cold water. Likewise, there may be water heating dishwashers manufactured at some future date with a capacity of less than eight place settings

. DOE believes that for compact water heating dishwashers

, the number of place settings to be tested should be the capacity specified by the manufacturer. dishwashers were manufactured at a later date. 5. Thermostatically Controlled Heating. The June 1984 notice proposed retaining the requirement that water heating dishwashers be thermostatically controlled. Whirlpool, Hobart and WasteKing all commented in support of this proposal (Whirlpool,'6--21/1, No. 14 at 2, and No. 14a at 3; Hobart, No. 15, at 2; and WasteKing, No. 16, at 1). Maytag's proposed definition supports retaining the requirement for thermostatically controlled heating. See Maytag, No. 13, at 2. In the June 1984 proposal, DOE asserted that "a key distinction between water heating dishwashers and other dishwashers is a control that shuts off the internal heater(s) after the water has been heated to a certain level." See 49 FR 23143, June 4, 1984. GE rejected DOE's assertion, claiming that this is a "restrictive and unnecessary design requirement", and that there is no certain water temperature level to be achieved. Rather, GE believes the temperature achieved is determined by the manufacturer in order to achieve acceptability of washing performance. (GE, 6-21/2). Whirlpool contended that due to long pipe runs from the water heater to the dishwasher, the temperature of the water entering the dishwasher is reduced and that it is a hit or miss proposition as to what the heated water temperature in the dishwasher will be if one depends on a fixed time delay for water heating. Hobart, in its Final Arguments concerning its application for exception with the DOE Office of Hearings and Appeals for its KD-19 dishwasher (see Hobart, Final Argument, filed with DOE OHA, Case DEE-4459), stated that water heated to 120 'F in the water heater may be as low as 90 'F at the point of use. In addition, data submitted by Whirlpool in its Statement of Objections demonstrated that during the winter in certain areas of the country, the temperature may be lower than 90 'F. (See Whirlpool, Statement of Objection, filed with DOE, OHA, Case DEE-4459). Hobart commented on the June 1984 proposal that the thermostat provides an assured environment to either raise the water temperature or avoid heating it more than necessary," and that this cannot be duplicated by mechanical timers. GE states that for water heating dishwashers the amount of additional heating and the means to achieve it should depend upon the manufacturer's specification, and should not be a part of any standardized test procedure. GE further claims that its dishwashers usin mechanical timer delay achieve excellent results. By knowing the characteristics of the dishwasher model GE asserts that it is simply a matter of design to provide sufficient delay to assure excellent performance (GE, No. 12, at 3). Even if thermostatic controls were to provide greater control over the energy use performance of water heating dishwashers, DOE agrees with GE that water heating dishwashers should not be defined to require a restrictive design requirement such as thermostatic controls. As discussed above, DOE believes the market place should determine whether the dishwasher performance is acceptable, not the DOE test procedure. DOE accepts GE's arguments that a manufacturer should not be unnecessarily restricted by a standardized test method as to which design alternatives to consider. Thus, in today's final rule, DOE is deleting the requirement for thermostatic controls.6 3. Miscellaneous. The June 1984 notice proposed a new section (§ 2.7) to make clear which testing provisions applied to water heating dishwashers. In addition, DOE proposed certain minor technical and editorial changes in the June 1984 proposed rule. Specifically, the parameter for the machine electrical energy consumption was proposed to be changed from "Me" to "M" in § 3.2.2. In § 4.2.1. the parameter for the per cycle water energy consumption using gas-heated water or oil-heated water was proposed to be changed from "We" to "Wg". Finally, in § 4.3.2, the parameter for the per cycle machine electrical energy consumption was proposed to be changed from "m" to "M". D&M, Hobart, and Whirlpool commented in favor of each of the proposed changes. (D&M, No., 11, at 1; Hobart, No. 15, at 2; and Whirlpool, 6- 21/1). GE also approved the inclusion of § 2.7 in the test procedure. (GE, 6-21/2). Accordingly, DOE is adopting these proposed provisions in today' s final rule.

C. Environmental , Regulatory Impact, and Small Entity Impact Reviews

1. Environmental Review. The Department has reviewed today's final rule in accordance with the National Environmental Policy Act of 1969

'If a manufacturer were to recommend that the inlet water temperature be increased above 120 'F In order to achieve acceptable performance levels, then DOE believes the product would not meet the definition of water heating dishwater. This product should be tested

, for the purpose of energy efficiency/use claims, with a nominal water temperature of 140 't:. 

### · FiJdcmJ Register 

## f Vol. 49, No. 229 

## I Tuesday, November 27, 1984 

## I Rules and Regulations 

### 455a5**.=--·';'>~~~~~.JI!r.>t:~_:t:r~~~~~".N'~..6** ....**c.'='"-'!.~~...;e-.:~~~~.~~:~~~c~** 

### 4. Tesl Load Whirlpool and Hobart recommended that a minimum number ofeight place settings be specified for testing water heating dishwashers

.. (Whirlpool, No. 

### 14, at 1; Hobart, No. 15.
at 3). Hobart states that Association of Home Appliance Manufacturers (AHAM) Standard DW-1, referenced in Section 2.6.2 ofthe DOE dishwasher test procedures. is discretionary as to lest load size and could affect lest results.· Hobartgoes on to state that test loads vary depending on which laboratoryis conducting the testing. The test load ranges from eightplace settings (generally usedby Procter and Gamble)
10 

### 12 place settings (generally used for the AllAM test for full sized units). WasteKing agrees that the size ofthe
test load shouldbe added to the

. specification. (WasteKing, No. 16, at 2). However, WasteKing does notpropose

a test load size.

GE commented that such a provision is 

### ;"dundantbecause under the Federal

,. Commission (ITC) labeling

:m. standard dishwashers have a city ofeight ormore place settings 

### ,ie compact dishwashers have 

### a pacity ofless than eight place ey:tings. (GE, No. 12, at 3). GE further sta':fes that since the current test

o 

### robedures require the use ofa dish load

:iC·cordance with AHAM Standard 

## "'.::1, they believe that the ,equJrement ofa minimum ofeight· place settings is already established for 'standa.d' dishwashers." GE infers that all water heating dishwashers are standard dishwashers.5

DOE agrees that standard sized water heating dishwadlcrs should be tested with eight place settings in orderto eliminate any test variability due to the size ofthe lest load. However, DOE believes that a requirement to test water heating dishwashers with a minimum of eight place settings would be too restrictive since compact water heating dishwashers could be manufactured ata later date. DOE believes this amendment will standardize the testing and provide flexibility in the test procedure,ifcompact waterheating

•AHA.1\,.{ standard DW-l does not specify the number ofplace settings required; rather, it allows the testing fMcility to detennine the number ofplace settings to be uBed.

'AsHobart staled (Hobart. No. 15. at 2) the currenl definition ofwaler healing dishwashers may need 10 bemodified as dishwashers are introduced into Ihe markel place that aredesigned to be plumbed to cold**w~ter.** Likewise. there maybe
waterheating dishwashers manuractured at Borne future date with a capacity ofJeBB than eight place settings. DOE believes that for .:ompact water heating dishwashers. the number ofplace Bettings to be tesled should be the capacity speCified by the manufacturer. 

### dishwashers were manufactured at a laterdate.

5. 

### Thermostatically Controlled Heating. The June 1984 notice proposed retaining the requirement that water heating dishwashers be thermostatically controlled. Whirlpool. Hobart and WasteKing all commented in support of this proposal (\\,hirlpool,'6-21/1, No. 14
at 2, and No. 14a at 3; Hobart, No. 15, at 2; and WasteKing, No. 16, at 1). Maytag's proposed definition supports retaining the requirement for thermostatically controlled heating. 

### See Maytag, No. 13, at2.



### In the June 1984 proposal, DOE asserted that "akey distinction between waterheating dishwashers and other dishwashers is a control that shuts off the internalheater(s) afterthe waterhas been heated to a certain leve!." 

### See 49 

### FR 23143, June 4.1984. GE rejected DOE's assertion. claiming that this is 

### a "restrictive andunnecessary design requirement", and that thereis no certain water temperature level to be achieved. Rather, GE believes the

. temperature achieved is determinedby the manufacturerin order to achieve acceptability ofwashingperformance. (GE,6-21/2).

Whirlpool contendedthat due to long pipe runs from the waterheaterto the dishwasher. the temperature ofthe water entering the dishwasheris reduced and that it is a hit ormiss proposition as to whatthe heated water temperature in the dishwasher will he if

one depends on a fixed time delay for
waterheating. Hobart, in its Final Arguments concerning its application for exception with the DOE Office of Hearings andAppeals for its I<D-19 dishwasher 

### (see Hobart, Final Argument, filed with DOE OHA, Case DEE-4459), stated that waterheatedto 120 'Fin the waterheatermay be as low as 90 'F at the point oruse. In 

### addition, data submitted byWhirlpool in its Statement ofObjections demonstrated that·during the winterin certain areas ofthe country. the

. temperature may be lowerthan90 'F. (See Whirlpool. Statement ofObjection•. filed with DOE, OHA, Case DEE-4459). Hobartcommented on the June 1984 proposal that the thermostat provides "an assured environment to eitherraise the water temperature or avoidheating it

### more than necessary," and that this
cannotbe duplicatedby mechanical timers.

GE states that for waterheating dishwashers the amount ofadditional heating and the means to achieve it should depend upon the manufacturer's specification, and should notbe a part ofany standardized testprocedure. GE further claims that its dish\',Cashers usin mechanical timer delay achieve excellentresults. By knowing the

. characteristics ofthe dishwasher model GE asserts that it is simply a matterof design to provide sufficient delay to

assure excellent performance (GE, No. 12, at 3). Even ifthermostatic controls

were to provide greater control over the energy use performance ofwater heating dishwashers, DOE agrees with GE tbat waterheating dishwashers should not be defined to require 

### a restrictive design requirement such as thermostatic controls. As discussed above, DOE believes the market place should determine whether the

. dishwasherperformance is acceptable,
not the DOE test procedure. DOE accepts GE's arguments that a manufacturer should not be unnecessarily restrictedby a standardized lest method as to which design aIternativesto consider. Thus, in today's final rule, DOE is deleting the**requir~ment** 

### for thermostatic controls.6



### 3. Miscellaneous. The June 1984 notice proposed a new section (§ 

### 2.7) to make clearwhich testing provisions applied to waterheating dishwashers. In addition, DOE proposed certain minor t.echnical and editorial changes in the June**19~** 

### proposedrule.

Specifically, the parameterfor the machine electrical energy consumption

was proposed to be changed from "Me" to "M" in § 

### 3.2.2. In § 

### 4.2.1. the parameterfor the per cycle water energy congumption using gas-heated wateror oil-heated waterwas proposed to be changed from "We" to "Wg". Finally. in § 

### 4.3.2, the parameterfor the percycle machine electrical energy consumption

was proposed to be changed from "m" to "M",

D&M, Hobart, and Whirlpool commented in favor ofeach ofthe proposed changes. (D&M, No

.. 11, at 1; Hobart, No. 15, at 2; and Whirlpool, 6- 

### 21/1). GE also approved the inclusion of § 

### 2.7 in the test procedure. (GE, 6-21/2). Accordingly, DOE is adopting these proposedprovisions in today's final rule.

C. Environmental, Regulatory Impact. and Small Entity 

### Impact Reviews

1.

### EnvironmentalReview.The Departmenthas reviewed today's final rulein accordance with the National Environmental Policy Act of 1969

"If 8 manufacturer were to recommend that the inlet watertemperature be increased above 120 'oF in order to achieve acceptable perionnance levels. then DOE believes the product would not meet tbe definition ofwaterheating dishwater. This product should be tested. for the purpose ofenergy efficiency/use claims. with 8 nominal water temperature of140 'J:. 

### · FiJdcmJ Register 

## f Vol. 49, No. 229 

## I Tuesday, November 27, 1984 

## I Rules and Regulations 

### 455a5**.=--·';'>~~~~~.JI!r.>t:~_:t:r~~~~~".N'~..6** ....**c.'='"-'!.~~...;e-.:~~~~.~~:~~~c~** 

### 4. Tesl Load Whirlpool and Hobart recommended that a minimum number ofeight place settings be specified for testing water heating dishwashers

.. (Whirlpool, No. 

### 14, at 1; Hobart, No. 15.
at 3). Hobart states that Association of Home Appliance Manufacturers (AHAM) Standard DW-1, referenced in Section 2.6.2 ofthe DOE dishwasher test procedures. is discretionary as to lest load size and could affect lest results.· Hobartgoes on to state that test loads vary depending on which laboratoryis conducting the testing. The test load ranges from eightplace settings (generally usedby Procter and Gamble)
10 

### 12 place settings (generally used for the AllAM test for full sized units). WasteKing agrees that the size ofthe
test load shouldbe added to the

. specification. (WasteKing, No. 16, at 2). However, WasteKing does notpropose

a test load size.

GE commented that such a provision is 

### ;"dundantbecause under the Federal

,. Commission (ITC) labeling

:m. standard dishwashers have a city ofeight ormore place settings 

### ,ie compact dishwashers have 

### a pacity ofless than eight place ey:tings. (GE, No. 12, at 3). GE further sta':fes that since the current test

o 

### robedures require the use ofa dish load

:iC·cordance with AHAM Standard 

## "'.::1, they believe that the ,equJrement ofa minimum ofeight· place settings is already established for 'standa.d' dishwashers." GE infers that all water heating dishwashers are standard dishwashers.5

DOE agrees that standard sized water heating dishwadlcrs should be tested with eight place settings in orderto eliminate any test variability due to the size ofthe lest load. However, DOE believes that a requirement to test water heating dishwashers with a minimum of eight place settings would be too restrictive since compact water heating dishwashers could be manufactured ata later date. DOE believes this amendment will standardize the testing and provide flexibility in the test procedure,ifcompact waterheating

•AHA.1\,.{ standard DW-l does not specify the number ofplace settings required; rather, it allows the testing fMcility to detennine the number ofplace settings to be uBed.

'AsHobart staled (Hobart. No. 15. at 2) the currenl definition ofwaler healing dishwashers may need 10 bemodified as dishwashers are introduced into Ihe markel place that aredesigned to be plumbed to cold**w~ter.** Likewise. there maybe
waterheating dishwashers manuractured at Borne future date with a capacity ofJeBB than eight place settings. DOE believes that for .:ompact water heating dishwashers. the number ofplace Bettings to be tesled should be the capacity speCified by the manufacturer. 

### dishwashers were manufactured at a laterdate.

5. 

### Thermostatically Controlled Heating. The June 1984 notice proposed retaining the requirement that water heating dishwashers be thermostatically controlled. Whirlpool. Hobart and WasteKing all commented in support of this proposal (\\,hirlpool,'6-21/1, No. 14
at 2, and No. 14a at 3; Hobart, No. 15, at 2; and WasteKing, No. 16, at 1). Maytag's proposed definition supports retaining the requirement for thermostatically controlled heating. 

### See Maytag, No. 13, at2.



### In the June 1984 proposal, DOE asserted that "akey distinction between waterheating dishwashers and other dishwashers is a control that shuts off the internalheater(s) afterthe waterhas been heated to a certain leve!." 

### See 49 

### FR 23143, June 4.1984. GE rejected DOE's assertion. claiming that this is 

### a "restrictive andunnecessary design requirement", and that thereis no certain water temperature level to be achieved. Rather, GE believes the

. temperature achieved is determinedby the manufacturerin order to achieve acceptability ofwashingperformance. (GE,6-21/2).

Whirlpool contendedthat due to long pipe runs from the waterheaterto the dishwasher. the temperature ofthe water entering the dishwasheris reduced and that it is a hit ormiss proposition as to whatthe heated water temperature in the dishwasher will he if

one depends on a fixed time delay for
waterheating. Hobart, in its Final Arguments concerning its application for exception with the DOE Office of Hearings andAppeals for its I<D-19 dishwasher 

### (see Hobart, Final Argument, filed with DOE OHA, Case DEE-4459), stated that waterheatedto 120 'Fin the waterheatermay be as low as 90 'F at the point oruse. In 

### addition, data submitted byWhirlpool in its Statement ofObjections demonstrated that·during the winterin certain areas ofthe country. the

. temperature may be lowerthan90 'F. (See Whirlpool. Statement ofObjection•. filed with DOE, OHA, Case DEE-4459). Hobartcommented on the June 1984 proposal that the thermostat provides "an assured environment to eitherraise the water temperature or avoidheating it

### more than necessary," and that this
cannotbe duplicatedby mechanical timers.

GE states that for waterheating dishwashers the amount ofadditional heating and the means to achieve it should depend upon the manufacturer's specification, and should notbe a part ofany standardized testprocedure. GE further claims that its dish\',Cashers usin mechanical timer delay achieve excellentresults. By knowing the

. characteristics ofthe dishwasher model GE asserts that it is simply a matterof design to provide sufficient delay to

assure excellent performance (GE, No. 12, at 3). Even ifthermostatic controls

were to provide greater control over the energy use performance ofwater heating dishwashers, DOE agrees with GE tbat waterheating dishwashers should not be defined to require 

### a restrictive design requirement such as thermostatic controls. As discussed above, DOE believes the market place should determine whether the

. dishwasherperformance is acceptable,
not the DOE test procedure. DOE accepts GE's arguments that a manufacturer should not be unnecessarily restrictedby a standardized lest method as to which design aIternativesto consider. Thus, in today's final rule, DOE is deleting the**requir~ment** 

### for thermostatic controls.6



### 3. Miscellaneous. The June 1984 notice proposed a new section (§ 

### 2.7) to make clearwhich testing provisions applied to waterheating dishwashers. In addition, DOE proposed certain minor t.echnical and editorial changes in the June**19~** 

### proposedrule.

Specifically, the parameterfor the machine electrical energy consumption

was proposed to be changed from "Me" to "M" in § 

### 3.2.2. In § 

### 4.2.1. the parameterfor the per cycle water energy congumption using gas-heated wateror oil-heated waterwas proposed to be changed from "We" to "Wg". Finally. in § 

### 4.3.2, the parameterfor the percycle machine electrical energy consumption

was proposed to be changed from "m" to "M",

D&M, Hobart, and Whirlpool commented in favor ofeach ofthe proposed changes. (D&M, No

.. 11, at 1; Hobart, No. 15, at 2; and Whirlpool, 6- 

### 21/1). GE also approved the inclusion of § 

### 2.7 in the test procedure. (GE, 6-21/2). Accordingly, DOE is adopting these proposedprovisions in today's final rule.

C. Environmental, Regulatory Impact. and Small Entity 

### Impact Reviews

1.

### EnvironmentalReview.The Departmenthas reviewed today's final rulein accordance with the National Environmental Policy Act of 1969

"If 8 manufacturer were to recommend that the inlet watertemperature be increased above 120 'oF in order to achieve acceptable perionnance levels. then DOE believes the product would not meet tbe definition ofwaterheating dishwater. This product should be tested. for the purpose ofenergy efficiency/use claims. with 8 nominal water temperature of140 'J:.

### .16536 Federal Register / Vol. 49, No. 229 / Tuesday, November 27,'1984 / Rules and Regulations

O@>bi...5^31^Ym` ; JZ^'+^^^..Y.?^ X^?"4..'Y^ .^.fa1R.tmG'^'^.343x.-.^L'.T^"r.Y1CT+.B2'-•a'3..SS.?JSG• ^PS^ICY .`.9}t^T_y^W6L9PJL-^L/'-^G^'LZ2?•1lTSl^. C:.^...^.x.-SR: SC U+t4 9`FJ!.^3.^4it x.110
(NEPA) (42 U.S.C. 4321 et seq.), the Council of Environmental Quality Regulations implementing the procedural provisions of NEPA (40 CFR Part 1500 et seq.), and the Department's own NEPA guidelines (45 FR 20694, March 28,1980, as amended by 47 FR 7976, February 23, 1932) to determine if an environmental assessment (EA) is required. Today's final rule serves only to standardize the measurement of energy
usage for dishwashers. The action of prescribing these revised test procedures will not result in any environmental impacts. Because it is clear that today's final rule is not a major Federal action significantly affecting the quality of the human environment within the meaning of NEPA, DOE has determined that neither an EA nor an EIS is required. 2. Regulatory Impact Review. The :final rule has been reviewed in accordance with Executive Order 12291 which directs that all regulations a chieve their intended goals without :rposing unnecessary burdens on the -conomy, on individuals, on public or private organizations, or on State and local governments. The Executive Order also requires that regulatory impact analyses be prepared for "major rules," The Executive Order defines a major rule as any regulation that is likely to result in: (1) An annual effect on the economy of $100 million or more; (2) A major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; or (3) Significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises in domestic or export markets. This final rule would only make minor changes in the test procedures for dishwashers. Therefore, DOE has determined that this final rule does not come within the definition of a major rule. In accordance with section 3(c)(3) of the Executive Order, which applies to rules other than major rules, the final rule was submitted to$OMB for review without a regulatory impact analysis. This rule has been reviewed by OMB in accordance with the procedures - applicable to rules other than major rules. 3. Small Entity Impact Review. The Regulatory Flexibility Act (Pub. L 96- 354) requires that an agency prepare a final regulatory analysis to be available at the time the final rule is jublished. This requirement does not apply if the agency "certifies that the final rule will not have a significant economic impact on a substantial number of small entities." . - This rule only affects manufacturers of dishwashers. There are not a substantial number of small entities that manufacture dishwashers. Moreover, the changes made would not have significant economic impacts. The changes clarify testing requirements and would not change the current testing burdens. Therefore, pursuant to section 605(b), DOE certifies that this final rule would not have a "significant economic impact -on a substantial number of small entities." In consideration of the foregoing, Part 430 of Chapter II of Title 10, Code of Federal Regulations, is amended as set forth below. - (Energy Policy and Conservation Act, Pub. L. 94-163, as amended by Pub. L 95-619; Department of Energy Organization Act, Pub. L 95-x91}.

List of Subjects in 10 CFR Part 430
Administrative practice and procedure, Energy conservation, Household appliances. -

Issued in Washington, D.C. October 25. 1984. Pat Collins, Acting Assistant Secretary, Conservation and Renewable Energy.



### PART 430-ENERGY CONSERVATION PROGRAf44 FOR CONSUMER PRODUCTS

Appendix C-[Amended] -
1. Appendix C to Subpart B of Part 430 is amended by revising 1.6 to read as follows:

1.6 -"Water heating dishwasher" means a dishwasher for which the manufacturer recommends operation at a nominal inlet water temperature of 120 'F and which can operate at that inlet temperature by providing internal water beating in at least one wash phase of the normal cycle.

2. Appendix C to Subpart B of Part 430 is amended by revising section-2.6.2 to read as follows:

• • • •

2.6.2 Dishwashers to be tested at a nominal 120 'F inlet water temperature. The dishwasher shall be tested on normal cycle and the truncated normal cycle with a test toad of eight place settings plus six serving pieces as specified in section 8.1.1 of AHAM Standard DW-i. If the capacity of the dishwasher, as stated by the manufacturer is less than eight place settings than the test load shall be that capacity. 3. 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 120 'F shall apply only to water heating dishwashers.

4. Section 3.2.2 to Appendix C to Subpart B of Part 430 is amended by removing the term "Me" for the machine erectrical energy consumption and inserting in its place the term "M". 5. Section 4.2.1 to Appendix C to Subpart B of Part 430 is amended by removing the term "We" for per cycle water energy consumption and inserting in its place the term "Wg". 6. Section 4.3.2 to Appendix C to Subpart B of Part 430 is amended by removing the term "m" for the per cycle machine electrical consumption and inserting in-its place the term "M".

[FR Doc. 81-30976 Filed 11-26 84: MS aml BILLING CODE 6450-01-Y 

### ·15536 Federal Register 

## I Vol. 49. No. 229 

## I Tuesday. November 27.' 1984 

## I Rules and Regulations**~~~OO;;:;C:iIf4iL ~z.~~~~~~~""",".:J::'~~~":::.~·~~~;:c;.::;~.a~~~G~**  ..**"z:;::!,~~** (NEPAl (42 U.S.C. 4321 et seq.), the

. Council ofErivironmental Quality

. Regulations implementing the proceduralprovisions ofNEPA (40 CFR Part 1500 et seq.), and the Department's

own NEPA guidelines (45 FR 20694. March 28, 1980, as amendedby 47 FR 7976. February 23. 1932) to determine if

an environmental assessment (EA) is required.

.

Today's final rule serves only to standardize the measurement ofenergy usage for dishwashers. The action of prescribing these revisedtest procedures will not result in any environmental impacts. Because itis clear that today's final rule is not 8 majorFe,deral action significantly affecting the quality ofthe human environmentwithin the meaning of NEPA, DOE has determined thatneither

an EA nor anEIS is required.



### 2. RegulatoryImpactReview. The :inalrule has been reviewedin accordance withExecutive Order 12291 which directs that all regulations

Clchieve theirintended goals without

.:nposing unnecessaryburdens on the economy. on individuals, on public or private organizations. or on State and local go\'ernments. The Executive Order also requires thatregulatory impact analyses be prepared for "majorrules," The Executive Orderdefines a major rule as any regulation that is likely to result in: (1) An annual effect onthe economy of$100 million ormore; (2) A majorincrease in costs orprices for
consumers, individual industries.**~** Federal. State, orlocal government agencies. orgeographic regions; or (3) Significant adverse'effects on competition, employment. investment. productivity. innovation, or on the ability ofUnited States-based enterprises in domestic or export markets.

.

This final rule would only makeminor changes in the testprocedures for dishwashers. Therefore. DOE has determined that this final rule does not

come within the definition of a major rule.

In accordance with section 3(c)(3} of. the Executive Order. which applies to rules other than majorrules. the final rule was submitted tc"OMB for review without a regulatory impact analysis. This rule has been reviewed by**o~m** 

### in accordance with the procedures

. applicable to rules other than major rules.



### 3. SmallEntityImpactReview. The Regulatory FlexibilityAct (Pub. 

### 1.. 96- 354) requires that an agency prepare a final regulatory analysis to be available
at the time the final rule is published. This requirement does not apply 

### ifthe
agency "certifies that the fmal rule will no't have a significant economic impact

on a substantial number ofsmall entities."

This rule only affects manufacturers 

### ofdishwashers. There are not

### a substantial number ofsmall entities that manufacture dishwashers. Moreover. the changes made would nothave significant economic impacts. 

### The changes clarify testing requirements and would not change the current testing burdens.

Therefore, pursuantto section 605(b). DOE certifies thatthis final rule would
not have a "significant**economi~** impact 'on a substantial number ofsmall entities."



### In consideration ofthe foregoing, Par! 430 ofChapter 

### IIofTitle 10. Code of Federal Regulations. is amended as set forth below.

. . (Energy Policy and Conservation Act. Pub. L. 94-163. as amended

### by Pub. L 9!Hl19; • Department ofEnergy Organizalion Act. Pub. L95-91).


### List ofSubjects in 10 eFR Par! 430

Administrative practice and procedure. Energy conservation. Household appliances.

Issued inWashington. D.C. Octoher 25. 1984.

. . Pat Collins.. ActingAssistantSecretary. ConseI1;otion and RenewableEnergy.

PART 430-ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS
Appendix C-[Amended)

1. Appendix C to Subpart B ofPart430 is amended by revising § 1.6 to read as follows: 

## • • •

1.6 '''Waterheating dishwasher" means a dishwasher for which the manufacturer recommends operation at a nominal inlet
water temperature of 120 'Fand which can operate at that inlet temperature byproviding internal waterheatingin al least one wash phase ofthe normal cycle. 

## • 

## • * 

## • •

2. Appendix C to SubpartB ofPart 430 is amended by revising section,·?6.2 to read as follows: 

## • 2.6.2 Dishwashers to be tested at a nominal 120OF inlet water temperature.The dishwasher shall be tested on normal cycle and the truncated normal cycle with a test load ofeight place settings plus six serving pieces as specified in section 6.1.1 ofAHAM Standard DW-t. Ifthe capacity ofthe dishwasher, as statedby the manufacturer is less than eight place settings than the test load shall be that capacity. 

## • • 3. Appendix C to Subpart B ofPart 430 

### is amended by adding a new section 2.7
to read as follows: 

### * 

## • 

## • 

# ..

2.7 Testing requirements. Prm;sions in this Appendixpertaining to dishwashers which operate with a nominal inlet temperature of 120 OF shall apply only to
waterheating dishwashers. 

### * 

## • • * 4. Section 3.2.2 to Appendix C to Subpart B ofPart 430 is amendedby

. removing the term "Me" for the machine erectrical energy consumption and inserting in itsplace the term 

### "M".



### 5. Section4.2.1 to Appendix

### C to Subpart B ofPart430 is amendedby removingthe term 

### "We"forpercycle
water energy consumption and inserting in its place the term 

### "Wg".

6. Section4.3.2 to Appendix C to Subpart B ofPar! 430 is amendedby removing the term "m" for the per cycle machine electrical consumption and insertingin·its place the term 

### "M".

{FR Doc. 8-l-3OS78 Filed 11-26-84; MS ami

BILLIIIG CODE**&450~1""** 

### ·15536 Federal Register 

## I Vol. 49. No. 229 

## I Tuesday. November 27.' 1984 

## I Rules and Regulations**~~~OO;;:;C:iIf4iL ~z.~~~~~~~""",".:J::'~~~":::.~·~~~;:c;.::;~.a~~~G~**  ..**"z:;::!,~~** (NEPAl (42 U.S.C. 4321 et seq.), the

. Council ofErivironmental Quality

. Regulations implementing the proceduralprovisions ofNEPA (40 CFR Part 1500 et seq.), and the Department's

own NEPA guidelines (45 FR 20694. March 28, 1980, as amendedby 47 FR 7976. February 23. 1932) to determine if

an environmental assessment (EA) is required.

.

Today's final rule serves only to standardize the measurement ofenergy usage for dishwashers. The action of prescribing these revisedtest procedures will not result in any environmental impacts. Because itis clear that today's final rule is not 8 majorFe,deral action significantly affecting the quality ofthe human environmentwithin the meaning of NEPA, DOE has determined thatneither

an EA nor anEIS is required.



### 2. RegulatoryImpactReview. The :inalrule has been reviewedin accordance withExecutive Order 12291 which directs that all regulations

Clchieve theirintended goals without

.:nposing unnecessaryburdens on the economy. on individuals, on public or private organizations. or on State and local go\'ernments. The Executive Order also requires thatregulatory impact analyses be prepared for "majorrules," The Executive Orderdefines a major rule as any regulation that is likely to result in: (1) An annual effect onthe economy of$100 million ormore; (2) A majorincrease in costs orprices for
consumers, individual industries.**~** Federal. State, orlocal government agencies. orgeographic regions; or (3) Significant adverse'effects on competition, employment. investment. productivity. innovation, or on the ability ofUnited States-based enterprises in domestic or export markets.

.

This final rule would only makeminor changes in the testprocedures for dishwashers. Therefore. DOE has determined that this final rule does not

come within the definition of a major rule.

In accordance with section 3(c)(3} of. the Executive Order. which applies to rules other than majorrules. the final rule was submitted tc"OMB for review without a regulatory impact analysis. This rule has been reviewed by**o~m** 

### in accordance with the procedures

. applicable to rules other than major rules.



### 3. SmallEntityImpactReview. The Regulatory FlexibilityAct (Pub. 

### 1.. 96- 354) requires that an agency prepare a final regulatory analysis to be available
at the time the final rule is published. This requirement does not apply 

### ifthe
agency "certifies that the fmal rule will no't have a significant economic impact

on a substantial number ofsmall entities."

This rule only affects manufacturers 

### ofdishwashers. There are not

### a substantial number ofsmall entities that manufacture dishwashers. Moreover. the changes made would nothave significant economic impacts. 

### The changes clarify testing requirements and would not change the current testing burdens.

Therefore, pursuantto section 605(b). DOE certifies thatthis final rule would
not have a "significant**economi~** impact 'on a substantial number ofsmall entities."



### In consideration ofthe foregoing, Par! 430 ofChapter 

### IIofTitle 10. Code of Federal Regulations. is amended as set forth below.

. . (Energy Policy and Conservation Act. Pub. L. 94-163. as amended

### by Pub. L 9!Hl19; • Department ofEnergy Organizalion Act. Pub. L95-91).


### List ofSubjects in 10 eFR Par! 430

Administrative practice and procedure. Energy conservation. Household appliances.

Issued inWashington. D.C. Octoher 25. 1984.

. . Pat Collins.. ActingAssistantSecretary. ConseI1;otion and RenewableEnergy.

PART 430-ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS
Appendix C-[Amended)

1. Appendix C to Subpart B ofPart430 is amended by revising § 1.6 to read as follows: 

## • • •

1.6 '''Waterheating dishwasher" means a dishwasher for which the manufacturer recommends operation at a nominal inlet
water temperature of 120 'Fand which can operate at that inlet temperature byproviding internal waterheatingin al least one wash phase ofthe normal cycle. 

## • 

## • * 

## • •

2. Appendix C to SubpartB ofPart 430 is amended by revising section,·?6.2 to read as follows: 

## • 2.6.2 Dishwashers to be tested at a nominal 120OF inlet water temperature.The dishwasher shall be tested on normal cycle and the truncated normal cycle with a test load ofeight place settings plus six serving pieces as specified in section 6.1.1 ofAHAM Standard DW-t. Ifthe capacity ofthe dishwasher, as statedby the manufacturer is less than eight place settings than the test load shall be that capacity. 

## • • 3. Appendix C to Subpart B ofPart 430 

### is amended by adding a new section 2.7
to read as follows: 

### * 

## • 

## • 

# ..

2.7 Testing requirements. Prm;sions in this Appendixpertaining to dishwashers which operate with a nominal inlet temperature of 120 OF shall apply only to
waterheating dishwashers. 

### * 

## • • * 4. Section 3.2.2 to Appendix C to Subpart B ofPart 430 is amendedby

. removing the term "Me" for the machine erectrical energy consumption and inserting in itsplace the term 

### "M".



### 5. Section4.2.1 to Appendix

### C to Subpart B ofPart430 is amendedby removingthe term 

### "We"forpercycle
water energy consumption and inserting in its place the term 

### "Wg".

6. Section4.3.2 to Appendix C to Subpart B ofPar! 430 is amendedby removing the term "m" for the per cycle machine electrical consumption and insertingin·its place the term 

### "M".

{FR Doc. 8-l-3OS78 Filed 11-26-84; MS ami

BILLIIIG CODE**&450~1""**