### 56232 

# Proposed Rules

This section of the FEDERAL REGISTER contains notices to the public ofthe proposed issuance of rules and regulations. The purpose ofthese notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules.

DEPARTMENT OF ENERGY

Office of Energy Efficiency an.d Renewable Energy

10 CFR Part 430

[Docket No. EE-RMITP-99-500]

RIN 1904.,.,AB04' il;:.

,. Energy Conservation Program for Consumer Products: Test Procedure for Dishwashers

AGENCY: Office ofEnergy Efficiency and Renewable Energy. Depilrtment of Energy. ACTION: Notice ofproposed rulemaking and public hearing.

SUMMARY: The Department ofEnergy (We. DOE. or the Department) will hold

a public hearing to discuss and receive
comments on DOE's proposal to ameno its test procedure for residlmtial dishwashers. Tbe proposill adds Ilew definitions for non soil-sensing dishwashers. soil-sensing dishwashers. and standby power. It introduces a new test procedure for soil-sensing dishwashers. proposes to require that the meas.urement of standby power consumption be included in the estimated annual energy lise and estimated annual operilting cost calculations for dishwashers. and adds Ilew specifications for instrumentation. requirements. It also revises the value of

one ofthe parameters used for calculating the estimated annual operating cost, that is. the representative
average dishwasher use, based .on new survey data on consumer practIces.
DATES: The Department will hold a publichearing on Tuesday. October 22, 2002, at 9 a.m

.. in Washington, DC. Requests to speak at the heilring must be received by the Department no later than 4 p.m

.. October 8. 2002. A computer diskette or CD (WordPerfectTM 8) ofstatementsto be given at the publichearing must be receivedby the Department no later than 4 p.m

.. October 8. 2002. The Department will accept comments. data, and information regarding the proposed rule before or afterthe ,public hearing. but no later than November 18. 2002. ADDRESSES:

SlIbmission ofComments

The Department will accept comments. data. and iriformation regarding the proposed rule before or after the public hearing, but no later than the date provided in the DATES section. All written comments shouldbe addressed to Ms. Brenda Edwards-Jones, U.S. Department ofEnergy. Office of Energy Efficiency and Renewable Energy, EE-41, 1000 Independence .'\venlle. SW, Washington. DC. 20585- 0121. DOE requests a signed original and a computer diskette or CD

. [WordPerfect Tlvl 8) ofthe written
comments. DOE will also accept electronically-mailed comments. emailed to Brenda.Edwardsjones@ee.doe.gov. but you must also provide the Department with a signed hard copy ofyour commenis. All envelopes and documents should be labeled. "Energy Conservation Program for Consumer Products: Test Procedures for Dishwl1shers. DocketNo. EE-RM/TP99-500."

Requests to make statements at tJle public hearing and copies of such
statements should be addressed to Ms. Brenda Edwards-Jones at the following address: U.S. Deparhllent ofEnergy. Office ofEnergy Efficiency and Renewable Energy. EE-41. 1000 Independence ,'\venue. SW. Washington. DC 20585-0121. E-mail l1ddress: Brenda.Edt·l!QrdsTones@ee.doe.gov. The hel1ring will begin at 9 a.m. on Tuesday. October 22. 2002, in Room IE-245 at the U.S. Department ofEnergy. Forrestal Building. 1000 Independence Avenue. SW. Washington. DC 20585. For more information concerningpublic participation in this rulemaking proceeding. see section IV, "Public Comment." ofthis notice ofproposed rulemaking.

Copies ofthe transcript ofthe public hearing, public comments received. and this notice ofproposed rulemaking may be read at the Freedom ofInformation Reading Room (Room JE-190) at the U.S. Department

### ofEnergy, Forrestal Building, "1000 Independence Avenue, SW. Washington. DC 20585.

### between Federal Register

Vol. 67. No. 170
Tuesday. September 3, 2002

the hours of9 a.m. and 4 p.m., Monday through Friday. except Federal holidays. FOR FURTHER INFORMATION CONTACT: Barbara Twigg. U.S. Department of Energy, Office ofEnergy Efficiency and Renewable Energy. EE-41, 1000 Independence ,,,,"venue. SW, Washington. DC 20585-0121, (202) 585- 8714, email: barbara.twigg@ee.doe.gov:

or Francine Pinto. Esq

.. U.S. Department ofEnergy. Office ofGeneral Counsel. GC-72. 1000 Independence Avenue, SW. Washington. DC 20585-0121. (202) 586-7432. email: Francine.Pinto@HQMaij.doe.gov.
SUPPLEMENTARY INFORMATlON: This notice ofproposedrulemaking incorporatesby reference the"American National Standard, Household Electric Dishwashers. Al"JSI/AHAM DW-1- 1992," and the August 20. 1999 "A.c1dendum to i\ppendix A of .","HAM DW-1-1992" published bythe Association ofHomeA.ppliance Manufacturers (AHAM). Copies ofthe standards to be incorporated by reference mavbe viewed at the Department ofEnergy's Freedom of Information Reading Room at the address stated above. You mav also obtain copies ofthe reference;:! standard AHAM DW-1-1992, along with the 1999 Addendum. from the Association ofHome Appliance fvlanufacturers. 1111 19th Street. 

### NW. Suite 402, Washington. DC 20036. (202) 872-5955.

Information regarding this rulemaking is also available on the Office of Building Research and Standards Web site at the following address: http:// www.eren.doe.govlbllildingsl codes_standards!index.htm

J. Introduction

..... ,\uthoritv B. Background C. The Proposed Rule 

### n. Discussion

A. General Discussion B. Changes in Consumer PracticesRepresentative AverageDishwasherUse C. New Definitions D. New Test Procedure for Soil-sensing

Dishwashers E. !'JAW Test Procedure for StandbvPower F. Instrumentation Requirements

- G. Impact ofTest ProcedureRevisions H. Representation RequirAments III. Procedural Requirements

iI.. Review Under the National

Environmental Policv /\cl of 19()9 B. Review Under**Execl~tive** Order 128(i(),

"RegulatoryPlanning and Review" C. Review Under Executive Order 13211.

"Action Concerning Regulations that

### Federal Register

### IVb!. 67, No. 170

### ITuesday, September 3. 

### 2002/Proposed Rules 

### 56233

Significantly Affect Energy Supply, Distribution. or Use" D. Review Under theRegulatory Flexibility

Act E. Review Under Executive Order 13132.

"Federalism

.. F. Review Under EXBcutive Order 12630,

"Governmental Actions and Interference with Constitutionally Protected Property Rights" G. Review Under the Paperwork Reduction

Act H. Review Under Executive Order 12988,

"Civil Justice Reform" 1. Review Under Section 32 of the Federal

Energy AdministraLion Act of 1974 

### T. Roview Uncler the Unfunded Mandates

Reform**i\~t** of 1995 K. Review Uncler the Treasurv and General

Government Appropriatimis Act, 1999 IV. Public Comment

A. Attendance at Public I-learing B. Procedure for Submitting Requests to

Speak C. Conduct ofHearing D. Issues on Which Comments are

Requested

I. Introduction

A. A.uthority

Part B ofTitle III ofthe Energy Policy and Conservation Act of 1975 (EPCA or )\ct). Public Law 94-153. as amended bv the National Energy Conservation Policy Act of 1978 (NECPA). Public Law 95- 519, the National Appliance Energy Conservation Act of 1987 (NAECA). Public Law 100-12, the National Appliance Energy Conservation Amendments of 1988 (NAECA 1988), Public 

### Law 100-357, and the 

### Energy PolicvAct of 1992 (EPACT), Public Law 102-485, established the Energy Conservation Program for Consumer Products Other Than Automobiles (Program). The products currently subjectto this Program ("covered products") include residential dishwashers, the subject oftoday's notice.

Under the Act. the Program consists ofthree parts: testing, labeling. and the Federal energy conservation standards. Section 323 ofEPCA requires the Department. in consultation with the National Institute ofStandards and Technology (NIST), to establish or amend test procedures as appropriate for each oftile coveredproducts (42 U.S.C. 5293). The purpose ofthe test procedures is to measure energy efficiency, energy use. or estimated annual operating cost ofa covered product during a representative average

use cycle orperiod ofuse. The test procedure mustnot be unduly burdensometo conduct (42 U.S.c. 5293(b)(3)).



### Ifa test procedure is amended, section 323(e)(1) ofEPCA requires DOE to determine. in the rulemaking, to what extent. ifany, the new test procedure would change the measured energy efficiency or measured energy use of any covered product as determined underthe existing test procedure (42 U.S.c. 5293(e)(1)). IfDOE determines that the amended test procedure would change the measured energy efficiency

or measured energy use ofa covered product, DOE must amend the applicable energy conservation standard during the rulemaking that establishes the newtest procedure. In setting the

new energy conservation standard, section 323(e)(2) ofEPCA requires DOE, with the newtest procedure. to measure the energy efficiency or energy use ofa representative sample ofcovered productsthat minimally comply with the existing standard. The average of such energy efficiency or energy use of theserepresentative samples, determined under the new test procedure, shall constitute the amended energy conservation standard for the applicable covered products (42 U.S.c. 5293(e)(2)). Further, models ofcovered products in use the day before the new energy conservation standard becomes effective (or revisions ofsuch models that come into use after such date and have the same energy efficiency or energy use characteristics) and which complywith thfl energy r.onsflTvation standard applicable to such covered products on the day before the new standardbecomes effective, shall be deemed to comply withthe new energy 

### conservation standard (42 

### U.S.c. 5293(e)(3)).}U 

## dY...," ef#<-f,

### vt

Beginning 180 days after an amended

or new test r a covered product i rescribed or esta IS e underEPCA sec IOn '"

, no manufacturer, distributor. retailer. or private labeler may make any representation with respect to the energy use, efficiency, or cost ofenergy consumedby such product, unless such producthas been tested in accordance with such amended or new DOE test procedure and such representation fairly discloses the results ofsuch testing (42 U.S.c. 5293(c)(2)).

B. Background

OnDecember 18, 2001. the Departmentpublished a final rule for dishwashers that amended certain elements ofthe then-effective test procedure; the rule was made effective June 17, 2002 (55 FR 55091) (hereafter referred to as the "2001 final rule"). The 2001 final rule changed the definitions ofcompact and standard dishwasher models to use place setting capacity instead ofwidth, reduced the representative average number ofuse cycles per year from 322 to 254, and tightened testing specifications to improve testing repeatability. Although

a new testprocedure for soil-sensing dishwashers hadbeen proposed in the Notice ofProposed Rulemaking (NOPR) published on September 28, 1999 (54 FR 52248). the 2001 final rule deferred action on finalizing a test procedure for soil-sensing or adaptive control models until additional research could be conducted in three areas. Thev were to: (1) Evaluate consumer**behavi~r** regarding the soil levels oftypical dishwasher loads; (2) assess how

consumerbehavior concerning loading and rinsing couldbe translated into a representative soil load that could be used for repeatable and accurate testing; and (3) determine what kind oftest procedure would best measure the energy and water consumption of dishwashers using a variety ofsoilsensing technologies. Investigating and analyzing additional survey sources to update how often dishwashers are used

was an additional goal.

Because theDepartment had learned that various research projects and

survevs had already been conducted bv manufacturers and-others, we began**a~** initiative to consolidate available information arid determine whether such data were nationally significant and couid be used to supportthe development ofa new test procedure. However, because much ofthis information was considered proprietary by individualcompanies and entities and not publicly available. wehired an independent research organization, A.rthur D. Little, Inc. (ADL). to collect all available survevs and studies and evaluate them for us. ADL (ADL's Technology & Innovation Business is

now known as TIAX) focused its research effort on the questions listed above, and presented its final report to DOE on December 18, 2001, entitled "Review ofSurvey Data to Support Revisions to DOE's DishwasherTest Procedure" (hereafter referred to as the ADL report). Thereport concluded that there was adequate, nationally significant information regarding

consumer loading and pre-rinsing behavior, and presented recommendations regarding how a soilbasedtest procedure could be developed, using the existing consumer behavior data. On December 19,2001. DOE posted the ADL report onthe DOE Buildings Research and Standards website, along with a briefpresentation ofthe type ofsoil test being considered for soil-sensing models. In the following weeks, we evaluated additional information and comments that we received as a result ofour website56234 Federal Register/ Vol. 67. No. 170/Tuesday. September 3, 2002 / Proposed Rules

posting. ADL was directed to provide

some additional detail on its analysis and on March 5, 2002. produced an addendum to the original report (hereafter referred to as the addendum). In formulating proposed revisions to the dishwasher test procedure, the Department has incorporated ADL's and stakeholder recommendations where appropriate. Both the ADL report and the addendum, which are the primary technical support documents for this rulemaking, have been placed in the docket and administrative record for this rulemaking.

C. 

### The ProposedRule

Today's proposed rule contains several major revisions to the current dishwasher test procedure. Section II contains discussion concerning each of the proposed revisions. The major revisions are as follows:

1. Update the test procedureto reflect the decline in dish'washer use by reducing the representative ave;age dishwasher use from 264 cycles per year to 215 cycles peryear, based 

### on more recent survey results.

2. Add new definitions:

• Non soil-sensing dishwashers

• Soil-sensing dishwashers

• Standby mode

• Sensor-Heavy Cycle

• Sensor Light Cycle

• Sensor Medium Cvcle

• Truncated Sensor'Heavv Cvcle

• Truncated Sensor Light-Cycle

• Truncated 

### SensorMedium Cycle 3. Create a separate section in the test procedure for soil-sensing dishwashers. adopting a three-level soil test based on the American National Standard, Household Electric Dishwashers. ANSI/ A.HAM DW-1-1992 and the August 20, 1999 Addendum to Appendix A of i\HA!vI DW-1-1992. collectivelv referred to in this notice as AHAM DWl.4. Require the measurement ofthe standby powerconsumption for both

non soil-sensing and soil-sensing models, and incorporate this value in calculations for the estimated annual energy use and estimated annual energy cost. A.dd new instrumentation requirements and update existing requirements.

5. Require that both current and future soil-sensing modelsbe tested using the soil-based test procedure.


## n. Discussion

A. 

### General Discussion

As appliance technology evolves, the Department must make sure that the applicable test procedures keep pace and providereliable measures ofenergy consumption. In the case of dishwashers. the introduction ofsoilsensing models. which adjust the duration and number offills ofa wash cycle according to the amount ofsoil in the dish load. challenged the structure ofthe existingtest procedure. Thattest procedure, which uses only clean dishes, was developed at a time when thethermal mass ofthe dish load and the cycle type were the only factors that influencedthe energy consumption results ofthe test. However, withthe introduction ofsoil-sensing machines, the clean test load no longer served to test the machines accuratelv because soil-sensing machines useci'more energy jfsoiled dishes were used than ifclean dishes were used. The questions arose: How could soil-sensing machines be accuratelv tested? How could a "normal';cycle be defined?

DOE's first attempt at designing a

more accurate test procedure focused on developing a formula to weight and average the highest andlowest levels of energy consumptionthat a soil-sensing dishwasher was capable ofproviding using the minimum and maximum

sensor normal cvcles, but without requiring that soiled dishes be used when testing the machines (presented in the September 28. 1999 NOPR). This possiblA tAst procArime, however. proved problematic in a number of ways, and discussion gradually moved toward the necessity ofhaving a soilbased test, wherebythe soil sensor 

### would set the cyclebased on a more realistic representation ofconsumer use. But a test procedure that actually used soiled dishes presentedthe difficult questions ofhow many soiled dishes shouldbeused in the test andto what degree should the dishes be soiled? What kind oftestload could represent thetypical load ofsoiled dishes being placed into soil-sensing dishwashers by American consumers?

To determinethe nature ofthis soil load, the Department contracted with ADL to evaluate available survey and technical information. Much ofthat information is proprietary and confidential. and was reportedbyADL to the Department only in summary or aggregated form. 1 As a result. and while

, We recognize and support the goal offull di,clOSllrp. ofnil information u,ed in our rulemaking process. However, in order for DOE to effectively carry out it, statutory and regulatory respoTI!=iihilitip.s. it sonletimes is necessary or advi,ahl" for DOE to review and/or use information that is proprietary or otherwise confidential. In tho,e ca,es, it is "ssential tbat DOE respect the proprietary needs oftho,e who are willing to share their own datR for Iimitedu,". Without such
as,mances ofconfidentiality. organizations often wllulli not maketheir re5earch or information available to us, ultimately addingto the expense ADVs report to DOE will be fully disclosed and will be a part ofthe public administrative record for this NOPR, DOE neither has possession of

nor has any ability to identify in this NOPR theparticular proprietary and confidential information usedbv ADL to complete its report.

J

DOE tasked ADL to compile all available public and private studies of

consumer dishwasheruse and determine whether i\DL believedthat information was ofsufficient quality and national significance to use in developing a new test procedure for soil-sensing dishwashers. ADL did find significant sources ofdata. and produced for DOE a report outlining a possible three-level test procedure based

onthree levels ofsoil. The energy consumption for each soil-sensing dishwasher at those three levels would be weighted according to the distribution ofdishwasher soil levels obtained from consumer survey data. Theresulting energy factors would reflect a weighted average ofconsumer

use in the U.S. ADL also surveyed and evaluated available studies offrequency ofuse in order to produce information

so that DOE can update the average number ofuse cycles per year and provide a more current representation of annual energy use and cost.

This notice defines the two types of dishwashers now in the marketplace.

non soil-sensing and soil-sensing. It 

### retains the original test procedure using clean dishes for non soil-sensing models, andpresents a newtest procedure for soil-sensing models, using soiled dishes. based on the ADL report. It also adds a procedure for measuring standby powerconsumption for both

non soil-sensing and soil-sensing models, and reduces the number ofuse cycles peryear to 215. The Department is especially interested in receiving
commentsregarding whetherthe proposed soil levels provide a realistic representation ofconsumer use.


### B. Changes in 

### Consllmer PracticesRepresentativeAverageDishwasher Use

On December 18, 2001, the Departmentissued a final rule for dishwashers thatreduced the representative average number ofuse cycles peryearto 264, down from 322. In that final rule, the Department stated

and time needed for acquiring rulemaking data, as well as adversely impacting the quality ofthe mle eventually issued. Tn contrar.ting with ADL. we asked ADL to use thebest availahle expertise in applianr.e technology in order to "vRhmte, objectively and confidentially, all available date regarding the soilloalis ofdishwashers and thr.ir frequency ofuse.

### Federal Register/Vol. 67, No. 170/Tuesday, September 3. 2002/Proposed Rules 

### 56235

it would consider anv new data on dishwasher use in the future.

In its study, ADL evaluated six surveys that contained consumer usage information. ADL identifiedfive as nationally representative ofU.S. demographics 

### (e.g

.. age. household size. income, location). Several surveys used bands to categorize dishwasher use per week 

### (e.g., 4-6 times perweek). indicating a range in the cycle numbers and contributing some uncertainty in the results. In its assessment. ADL points out that one ofthe surveys. the Energy Information Administration's 

### Residential Energy Consumption Survey entitled. "A Look at Residential Energy Consumption in 1997,"indicates that

more than halfofthe U.S. households with a dishwasheruse it less than four times per week (208 cycles per year). This extensive and nationally representative survey gives a- good indication ofthe frequency of dishwasher use. Although the four remaining nationally representative surveys show a range ofresults for

consumer use, they also support the overall trend that consumer dishwasher llse is. on average. significantly lower than 264 cycles per year.

The ADL report states that "a revised number for the representative averageuse cvcles per vear shouldbe subst1mtialIv less than the 264 in the interim rule-making. but not less than 200 cycles peryear." It goes on to recommend "reducingthe average-use cycles peryear for dishwashers into the range of 200 to 233 cycles per year." In the addendum to its report. AOL provided clarification on its methodology as to how it determined this range. ADL's recommendation of 200 to 233 cycles per year combined three approaches to analyzing the available data from five nationallv representative surveys. The details of this approach canbe found on page 13 ofthe addendum which is posted on our website and is available in the docket for this rulemaking. The Department reviewed the analysis andbelieves that because ofthe**typ~** ofdata available. the way thatthe surveys were conducted and the data presented, and the inherent variabiIity ofthe consumer conduct at issue 

### (i.e:, dishwasheruse bv individual consumers), the range ADL ;ecommends is appropriate. Because this range is appropriate but no definitive number within thatrange appears to be better than any other. the Department proposes to set the average use cycles. (factor "N" inthetest procedure formula setforth inthis NOPR), at 215 cycles per year. This numberrepresents roughly the midpointbetween the estimated range ofthe average use cycle data presented in the ADL report. We believe it is appropriate to setthe number ofaverage use cycles at the midpoint in this range because there is

no reason for DOE to believe, based on the data presented to it, that anyone point in the range represents a more accurate estimate ofaverage dishwasher

use than any other.

C. 

### NeIA' Definitions

This NOPR introduces a newtest procedure for SOil-sensing dishwashers. As a result. we have developed new definitions to differentiate betweentwo types ofdishwashers (non soil-sensing and soil-sensing). the conditions ofthe standby operation. and the conditions for the light. medium. and heavy tests ofa soil-sensing dishwasher. These definitions are as follows:



### • "Non SOil-sensing dishwasher"

means a dishwasherthat does not have the ability to adjust automatically any energy consuming aspect ofa wash cycle based on the soil load ofthe dishes.



### • "Soil-sensing dishwasher" means a dishwasher that has the ability to adjust automatically any energy consuming aspect ofa wash cycle based on the soil load ofthe dishes.



### • "Standbymode"means the power consumption condition whenthe dishwasher is connected to the main electricity supply andthe door lock is unlatched.



### • "Sensorheavvcycle"means. for standard dishwashers. the set of operations in 9 soil-sensing dishwasher that constitutesthe response for completely washing a load ofdishes, four place settings ofwhich are soiled. For compact dishwashers, this definition is the same, except that two soiledplace settings are used instead of four.



### • "Sensor light cycle"means, for both standard and compact dishwashers. the
set ofoperations in a soil-sensing dishwasher that constitutes the response for completely washing a load ofdishes.

one place setting ofwhich is soiled with halfofthe gram weight ofsoils for each item specified in a single place setting according to AHAM DW-l.



### • "Sensormedium cvc1e"means, for standard dishwashers, the set of operations in a soil-sensing dishwasher that constitutes the response for completely washing a load of dishes,
two place settings ofwhich are soiled. For compact dishwashers, this definition is the same, exceptthat one soiled place setting is llsed instead of
two.



### • "Truncatedsensorheavycycle"

means the sensorheavy cycle interrupted to eliminate the power-dry feature after the termination ofthe last rinse operation.



### • "Truncated sensorlight cycle"

means the sensorlight cycle interrupted
to eliminatethepower-dry feature after the termination ofthe last rinse operation.



### • "Truncated sensormedium cvc1e"

means the sensormedium cvcle

- interrupted to eliminatethe'power-dry feature after thetermination ofthe last rinse operation.

D. 

### New TestProcedurefor Soil-Sensing Dish,voshers

The introduction ofdishwashers using soil-sensingtechnology prompted the need to revise the currenttest procedure which does not accurately

measure the energy consumption of models with variable cycles. Currently. there are several approaches to soilsensing which include optical turbidity
sensors, pressure-based sensors, and a

new generation oflaser-based sensors that is in development. The responses of these technologies vary, but in all cases. the soil-sensing dishwashers adjust the length andlorthe severity ofthe washing cycle according to the amount ofsoil detected in the water. For example, iflittle or no soil is detected,

a less severe wash cycle will be triggered; ifa heavier soil load is detected. a more severe wash cycle will be triggered. The intent ofthe design is
to use information to improve wash performance andreduce energy consumption when appropriate,

However. when soil-sensing dishwashers are tested with the current test procedure, which uses onlyclean dishes, the absence ofsoil invariably triggers a less severe cycle. Thus, the energy factors obtained are very high and do notreflect a dishwasher's performance (and thus its energy usage) when a soiled load ofdishes is present. This leadsto confusion for consumers seeking'accurate measures ofenergy efficiency undernormal use patterns; in fact, it leads to consumer decisions that

are madebased on demonstrably inaccurate information.

The test procedure for soil-sensing machines must provide reliable data which reflect performance with a typical load ofdishes. while at the same time notunduly increasing the test burden for manufacturers. Establishing parameters for a typical load ofdishes and for normal use is difficult because ofthe complex algorithms designed by manufacturers to respond to different soil levels. These algorithms for wash
sequences are based on sensordata. The
test procedure which we proposed in the September 1999 NOPR, based on a concept developedby AHAM,

### 56236 

### Federal Register/Vol. 67. No. 170lTuesday. September 3. 2002 

### IProposed Rules

attempted to average the energy consumed during both minimum and maxim urn wash cvcles. However. manufacturers**ha~e** since claimed that because ofthe different ways that varying sensor technologies perform. their machines cannot be adequately tested and compared using that procedure. As a result. DOE. NIST. and

numerous stakeholders turned their attention to obtaining soiling and loading information useful for revising the dishwasher test procedure. Because ofthe flexibility ofwash patterns from model to model. soil-based tests presented the most viable solution for representative energy testing.

AHA.Jvf DW-l seemed a logical starting point for soil-based testing because these soil-based procedures

were alreadv usedbv industrv. These procedures**~ere** originally developed as dishwasher performance evaluating tools to provide a repeatable test that could be reproduced in different laboratories. The procedures use a challenging soil load ofspecified foods to assess the washing and drying ability ofdishwashers.

The AHAM performance testing procedures require the use ofa standard test load ofdishes. detergent. and rinse agent. Standard conditions for ambient temperature. water temperature. water pressure, and water hardness are all specified. The performance evaluation is based on a minimum ofthree runs on

a dishwasherwith a soiled load. set on the normal cycle. The quantity. brand. instruction for preparation. and order and location for the application ofeach soil used in the procedures are specified
to maintain repeatability. A total of 13 different soils are applied within a onehourperiod. followed by atwo-hour drying period.

Because the AHAM performance test

was developed to be a heavy soil test that challenged dishwasher cleaning performance. it is notrepresentative of soil loads introduced undertypical household use. Therefore, while the AHAM performance test was a logical starting point for developing a test procedure for soil-sensing dishwashers. the AHAM performance test was not itselfsuitable for a final test procedure. Instead. andrecognizing the difficulty in developing a test procedurethat is repeatable and realistic. DOE sought to extract elements from this AHAM performance test.

Before a test procedure couldbe drafted. it was necessary to gain an understanding ofthe different system responses ofvarious soil-sensor models under soiled conditions. as well as research what amount ofsoil represents

a "normal" soil level on dishes placed in a dishwasher. DOE directed ADL to study consumer soiling and loading practices to determine what portion of the AHAM DW-1 soil load could be llsed to represent light. medium. and heavy soil levels. :\DL analvzedthe results ofthree available survevs. one of which. survey C, provided significantly

more comprehensive data than the other
two. The initial result ofthis analvsis

was based onweighted averages ci'fthe results ofthe three survevs. That approach led i\DL to recommend that a greater mass ofsoil on dishes be selected to represent the light. medium, and heavy soil levels than 

### ifsUl'vey C

wereused alone. This recommendation

was published in ADL's December 18. 2001 report and was posted on our website.

Following industry review and commentary on the method ofthe analysis. ADL produced for DOE an addendum to its earlier report onMarch
5. 2002. The addendum provides more detail on the initial analvsis. demonstrates the comprehensiveness of

survev C. analvzes additional data from surve}' C. and focuses on survey C as the primarybasis for determining the portions ofthe AHAM DW-1 soil load that could beused to represent light, medium, and heavv soil levels.

The addendum provides additional data and methodology from survey C. It
states that survev C collected and analyzed an extensive set of photographs ofactual soiled dish loads from participatinghouseholds. The photographs ofeach soiled dish load

were compared against a Likert scale 2 and received Likert scale ratings that ranged from 2 to 10. The range ofLikert scale ratings was divided into three soil levels-light. medium, and heavy. Likert scale ratings of3. 6. and 10 were selected as representative ofthelight. medium, andheavv soil levels, respectively. The distribution ofthe Likert scale ratings showed that each of the selections-3. 6. and 10- represented more than halfofthe data within each ofthe three soil levels. The selection of 10 as representative ofthe heavy soil level was shown to be particularly conservative given that for

, Likert scale: a response scale developed hy Rensis Likert for assessing opinions and usually consisting offive oflI10re categories: llsed here as

an analysis 1001 to assess the following i"ue: "How soiled are the dishes in thP. consumers' dishwasher loads?" From the large set ofphotographic data. the bottom ofthe sGale was defined by assigning one ofthephotos showingthe lowest level ofsoil as Ih. comparison pointfor a score of 1. Conversely. the top ofthp. scale was defined hy assigning one ofthe photos showingthe highBst level ofsoil a. the comparison point for a score of5. The scorp.s in between-2. 3. and 4-were definer! similarlv and represent increasing levr.ls ofsoil.

- the heavy soil leve], the Likert scale rating of 8 represented over 75 percent ofthe data.

In the next step ofthe methodology from survey C. a minimum of 10 sets of photographs from each ofthe Likert scale ratings of3.6. and 10 were analyzed by a professional home economist. The professional home economist recreated the dish loads in the photographs using AHAM DW-l soils and then weighed the amount of AHAM DW-I soils on the recreated dish loads.

Using this information. the mass of food soils was translated into the corresponding number ofsoiled place settings for each level. according to AHAM DW-1. This translation was based on the fact that the AHAM 

## owl soiling procedure specifies approximately 31.3 grams offood soils
per place setting. The result ofthis analysis. as listed inthe ADL addendum, showed that a light soil level for standard dishwashers could be approximated by one-halfofa single soiled AHAM DW-l place setting; a medium soil level could be approximated by two soiled AHl\lvI DW-l place settings; and a heavy soil level could be approximated by four soiled AHA.M DW-l place settings.

DOE believes that this analvsis ofsoil levels is based onthebest**av~ilable** information and therefore proposes that the energytest procedure load ofdishes for standard soil-sensing dishwashers be defined according to AHAM DW-1 with eight place settings ofdishes. serving pieces. and flatware, soiled perthe light, medium, and heavy cycle definitions proposed inthis notice. It is noted that the reference to the AHAIvI DW-l place settings refers to the ANSI/A.HAM DW1-1992 standard as well as the August 20. 1999 "Addendum to Appendix A of AHAM DW-1-1992" which provides

more details regarding a source of acceptable dishware for testing. Both the standard and the addendum will be incorporatedbyreference in this proposed newtest procedurerule.

For compact dishwashers, the typical loading capacity is halfofthe loading capacity of standard dishwashers. Therefore. the Department proposes to base the test load for compact soilsensing dishwashers on a total offour AHA.M DW-l place settings. In addition, the soil load for the medium and heavy soil levels are reduced to half that ofthe soil load for standard dishwashers. proportional to its smaller capacity. However, the Department proposes to maintain the one-halfplace setting soil load to represent the light soil level because ofthe small amount ofsoil involved. Therefore. the soil load

### Federal Register/Vol. 67, No. 170/Tuesday, September 3, 2002/Proposed Rules 

### 56237

for the light soil level for compact dishwashers is approximated by onehalfofa single soiled AHAM DW-l place setting. achieved by applying half ofthe gram weight of soils to each dishware item; a medium soil level is approximated by one soiled AHAM DW-l place setting; and a heavy soil level is approximated by two soiled A.HAM DW-l place settings. Thus. the energy test load is defined according to AHAM DW-l with four place settings of dishes. serving pieces. and flatware. soiled per the light. medium. and heavy definitions.

The newtest procedure requires that the machine wash cycle responses under each ofthese soil levels are then multipliedby weighting factors representing the frequency ofuse for each soil level to calculate an energy factor for the dishwasher model that would represent its normal energy efficiency. The energy consumption for each ofthe three tests (j.e

.. sensorheavy.

sensor light. and sensor medium for

. soil-sensing dishwashers) wouldbe measured and calculated in the same way as the existing test procedure. However. the machine energy and water energy components for a soil-sensing dishwasher would be based on a weighted average ofthe three energy consumption tests. according to the frequency with which light. medium. andheavy loads are washed.

From available survev data. ADL determined the**followi~g** weighting factors, drawn from the distribution of U.S. households in the three soil level categories-62% light level ofsoil. 33% medium. and 5% heavy. The resulting equation for the machine energy. M. for soil-sensing dish·washers is: M= (Mhe X FhJ + (Mme x Fmc! + (NiJe X Fie)

The resulting equation for the amount ofwater used. V, for soil-sensing dishwashers is:
V= (Vhe X Fhe) + (Vme 

### x Fmel + (Vic 

### x Fie)

Based on the ADL report and addendum. and the available relevant andreliable data. DOE believes that the percentages used in the proposed rule represent thebestpossible estimate of how consumers currentlv use dishwashers. weighting the equation toward light loads that are significantly pre-rinsed. However. because all dishwashers are designed to wash heavy loads successfully without pre-rinsing. it is possiblethat in coming years. as

consumers learn that pre-rinsing generally is unnecessary, dishwashers will encounter a higher percentage of heavy loads. Consumers Union stressed this point in a comment which emphasizedthe water and energy lost to pre-rinsing. and the need for public information to reduce this wasteful practice. Ifeducational campaigns successfully decrease the preponderance ofpre-rinsing, andthe Department becomes aware ofreliable data documenting that change in behavior. the Department will consider reevaluating consumer usage patterns and making appropriate adjustments to the weighting factors or any other elements ofthe proposedtest procedure. But for now. ourtest procedure mustbe based on the best approximation ofhow dishwashers are currentlyused.

The proposed test procedure requires the use ofboth the type and quantity of detergent and rinse agent specified in AHAM DW-1. This requirement can be found in section 2.7 ofthe test procedure. The test procedure also specifies the order ofthe tests, requiring the test ofthe heavv cvcle to be conducted first. followed bv the test of the medium cycle. and finally thetest ofthelight cycle. This order was chosen because the Department is aware that for

some models. the cycle response maybe influenced by the previous wash cycle used. For those machines. this order selection would capture any additional energy use.


### E. New Test Procedurefor Standby PO,{;Fer

The existingtest procedure for dishwashers was designed to measure energy consumption only during the normal wash cycle. However. many dishwasher manufacturers have shifted from electro-mechanical controlsto controls using transformers and microprocessors to provide more advanced features intheirhigh end dishwasher models (e.g.• innovative soil-sensing control schemes and displays). Thus, the market is seeing an increased percentage ofmodels which consume standby power.

The energy consumption ofstandby
powerhas gained additional attention through Executive Order 13221. "Energy Efficient Standbv Power Devices." issuedJuly 31, 2'001 (66 FR 40571). which added standby power usage to Federal purchasing criteria for commerciallyavailable products. Since EPCA defines the estimated annual operating cost (EAOC) ofa covered product as "the aggregate retail cost of the energy which is likelyto be consumed annually * * 

### * in representative use 'ofa consumer product." EPCA section 321(7). 42 U.S.c. 6291(7). the Department proposes to require thatthe measurement of standby power consumption for dishwashers be included in the EAOC. Additionally. standby power wouldbe included in the estimated annual energy

use (K\EU) calculations. a reporting value used in calculating theEAOC. It would not atthis time. however. be included in the energy factor. since the energy factor has traditionally measured· onlythe amount ofenergy consumed during therunning ofthe test wash cyele(s). From the data that we have initially seen. we believe the amount of standby poweruse to be a small percentage ofoverall dishwasher energy

use (probably between one and five percent). However, we will collect data

on dishwasher standby power 

### consumption in orderto evaluate it further. for possible incorporation into the energy factor in the future.

The standby energy measurement procedure reqUires that the dishwasher be connected to a high resolution watt meter andthe dishwasher set to the standby mode. The standby energy consumption must be measured over an interval ofat least five minutes. The resulting value for average power in
watts in the standbv mode; S"" is then multiplied bythe n"ominal number of standby hours and divided by 1000 to obtain the units ofkilowatt-hours. The nominal value for the number of standby hours was obtained as follows:

First calculatethe total number of hours peryear. H. taking into account leap years. H = (365.25 days/yearx 24 hours/day)

= 8766 hours/year

Then calculate the number ofstandbv hours peryear. based on the normal!

J sensor medium cvele duration where L is defined as the duration ofthe normal cvcle in hours or fractions of an hourfor**t~sts** ofnon soil-sensing dishwashers or the duration ofthe sensor medium cvcle for tests ofsoil-sensing dishwashers'- H, 

## =H - (215 cycles/year x L)

With these inputs. the calculation for annual standby power use. S. is completedusing S

## =Son x ((H,)/1000).

Once the value, S. is known, the calculation for the estimated annual operating cost (EAOC) can be completed

as follows: EAOC + (Dc x S) + (Dc x N x M) where. N is the annual dishwasheruse = 215 cycles peryear as discussed in section B ofthis notice. and Dc is the price ofelectricity in dollars perkWh. This modification will give

consumers a more completeestimate of their annual energy costs.


### F. Instrumentation Requirements

As a result ofthe proposed changes
set forth in this NOPR. there wouldbe

### 56238 Federal Register/Vol. 67. No. 170/Tuesday, September 3. 2002/Proposed Rules

requirements for additional instrumentation used in the test procedure. These newrequirements would include an additional watt or watt-hour meter for measuring standby power and a timer for measuring the duration ofthe cycle. The specifications for each ofthese instruments are listed below.

3.2 Timer. Time measurements for each monitoring period shall be accurate to within 2 seconds.

3.5 StandbypowArmeier. The watt/watthour meter must have a resolution of0.1 watt

or less at 1.0 walt actual powerconsumption and accumulat8 into watt-hours at a minimum powerlevel of20 milliwatts. The watt/watt-hour meter mllst be capable of operating within the stated tolerances for input voltages at up to five percent total harmonic distortion and shall be capable of operating at frequencies from 47 hertz through 63 hertz. Power measurement instruments shall have a crest factor ofnot less than five at RMS currents oftwo amps

or less.



### In addition. we propose modifyirig the wording ofthe electrical energy supply requirements. We propose changing the supply requirement from "115 volts" to "120 volts 

### ± 2%" and from "240 volts"
to "240 volts 

### ±2%." This change to 120 volts will betterapproximate most manufacturers' installation instructions and also adds arange to the vultage specification. DOE requests comment on whether these ranges are appropriate as testing requirements. The proposed new test is as follows:

2.2.1 Dishwashers Ihat operaIe with an AIActrir:ol supplyof120 volts. Maintain the 'Jlectrical supply to the dishwasher at no less than 120 volts 

### ±2% and within one percent ofthe nameplate frequency as specified by the manufacturer.

2.2.2 Dishwashers that operate loFilh an electricalsupplyof 2,/-0 volts. Maintain the electrical supply to the dishwasher at 240 volts ± 2u l<, and within one perr.ent ofits nameplate frequency as specified by the manufacturer.

G. 

### Impact ofTest Procedure Revisions

Section 323(e) ofEPCA requires that the Department. in a rulemaking. determine to what extent. ifany. a proposedtestprocedure will aiter the
energy efficiency or energyuse ofany coveredproduct as measuredunderthe existing test procedure. 

### IfDOE determines that an amended test procedure would alter the energy efficiency or energy use ofacovered product as measured, DOE is required to

measure the energy efficiency or energy
use ofrepresentative samples ofcovered products which minimally comply with the existing standard. The average efficiency ofthese representative samples. tested using the amended test procedure. will constitute the amended standard (42 U.S.c. 6293(e)(2)). This statutoryprovision is designed to prevent alteration ofan existing Federal energy conservation standard through a change in a test procedure. It 

### seeks to

ensure that products in compliance with the applicable energy conservation standard underthe existing test procedurewill notbe out ofcompliance becausethe test procedure has been amended.

In this NOPR. the primaryrevisions to the dishwasher test procedure are the inclusion ofnew measurements of standby power. thereduction in annual cvcles ofuse, and the addition ofa new soil-based test method for soil-sensing dishwashers. The addition ofstandby powermeasurements will not affect the compliance ofany dishwashers with existing energy conservation standards because the Department does not propose requiring that standby power consumption be added into the calculation for a dishwasher's energy factor. The energy factor is the energy descriptorthat measures the energy efficiency for dishwashers in tests ofthe normal cycle. Instead. standby power consumption is only included in the EAOC and inthe EAEU. These two values do not have an impact on model compliance with the currentlv-effective minimumenergy standard for either

non soil-sensing or soil-sensing models. Similarly. annual cycles ofuse are used
to calculate EAOC and EAEU and are not included in energy factor. Accordingly. these two changes in the proposedtest procedure do not alter eitherthe energy efficiency orenergy
use as measured for all dishwashers and therefore no amendment to the energy conservation standard 

### is required under section 323(e) based on these proposed changes.

Thethird change. the new soil-based
test method. will only be used for testing soil-sensing machines. Because

non soil-sensing machines will stillbe tested using clean dishes. their energy factors will not change. and their compliance with the standard will not be affected. Soil testing. however. is expected to alter the energy factors of soil-sensing models. We understand that models using soil-sensing technology

are generally more efficient than non soil-sensing models. Hence. atthis time. underthe existing test procedure, many soil-sensing dishwashers have been labeled Energy Starproducts and we expect that they will continue to be in compliance with the current standard when tested underthe proposed test procedure.

However, stakeholders have agreed thatthe existingtest procedure cannot accurately test dishwasher models with the SOil-sensing technology. In fact. underthe existing test procedure. soilsensing models showresults that are overrated. that is. thev inaccuratelv showhigher energy factors thanthey would if

### tested with a soil load. For this

reason. the parties have diligently worked together to design a newtest procedure that can specifically measure the results ofdishwashers with this particulartechnology.

Under section 323(e) ofEPCA-. the Department is reqUired to amend the applicable energy conservation standard in certain circumstances. As set forth in section 323(e) ofEPCA. DOE will use the amended test procedure set forth in this NOPRtotest a representative sample ofsoil-sensing models that are identified as minimally compliant witll the existing energy conservation standard. Subsequentto the testing. the Department will make such test results available for comment. Ifthe results of suchtesting demonstrate that certain models will become noncompliant due to the amended test procedure. the
average efficiency ofthe representative sample tested using the amended test procedure will constitute the amended standardfor those models. In orderto perform this analysis. the Department requests thatmanufacturers provide the Department with information properly identifying soil-sensing dishwasher models that minimally comply with energy conservation standards when tested with the currently-effective test procedure.

- H. 

### Representation Requirements

Consistent with Section 323(c)[2) of EPCA (42 U.S.c. 6293(c)(2)). all manufacturers. distributors. retailers. or private labelers have 180 days from the date a new or amended test procedure is prescribed or established to ensure that any representation with respect to energy lIse or efficiency or cost of energy consumed by a covered product fairly discloses theresults from testing underthe new or amended test procedure. This lBO-day period may be extended for up to an additional 180 days if

### the Secretary determines that the requirements ofsection 323(c)(2) of EPCA would impose undue hardship.

The Departmenthas the responsibility
to ensure thatthese covered products

are accurately rated and that manufacturers are incompliance with the energy conservation standard. Due to the unusual circumstances concerning the testing ofdishwashers. DOE plans at some future time to require manufacturers to produce reports concerningthe testing ofsoilsensing models pursuant to theFederal Register/Vol. 67, No. 170/Tuesday, September 3, 2002!Proposed Rules 

### 56239

amendedtestprocedure. The Department has the authority to request suchreports pursuantto EPCA section 326(d)(1). We will request such reports in a manner designed to minimize
unnecessary burdens on manufacturers (42 U.S.c. 6296(d)(2)). We request comment from stakeholders concerning the appropriate timing ofDOE's future request and how DOE can minimize the burden on manufacturers.

The Secretary ofEnergy has approved issuance ofthis NOPR.

III. Procedural Requirements

A. 

### Review Under the National EnvironmentalPolicyActof 1969

In this proposed rule. the Department
proposes amendments to test procedures that may be used to implement future energy conservation standards for dishwashers. The Department has reviewed the proposed rule under the National Environmental Policy :\ct of 1969 (NEPA). 42 U.S.C. 4321 

### et seq

.. the regulations ofthe Council on Environmental Quality. 40 CFR parts 1500-1508. the Department's regulations for compliance with NEPA. 10 CFR part 1021, and the Secretarial Policv on the National Environmental Policy Act (June 1994). TheDepartment has determined that this rule falls into

a class ofactions that are categorically excluded from review under NEPA. This rule will not affect the quality or distribution ofenergy usage and. therefore. will not result in any environmental impacts. The Department has therefore determinedthat the proposed rule is covered by Categorical Exclusion A5. for rulemakings that interpret or amend an existing rule without changing the environmental effect. as set forth in the Department's NEPA regulations in Appendix Ato SubpartD. 10 CFR part 1021. Accordingly. neither an environmental impact statement nor an environmental
assessment is required.



### B. Review UnderExecutive Order 12866, 

### "RegulatoryPlanningandRev'iew"

This regulatory proposal is not a "significant regulatory action" as defined in section 3(f) ofExecutive Order 12866. "Regulatory Planning and Review" 58 FR 51735 (October 4.1993). Accordingly. the proposed action is not subject to review under the Executive Orderby the Office ofInformation and Regulatory Affairs (OIRA). Office of Management and Budget. 

### C. Review Under Executive Order 13211, 

### ."Action ConcerningRegulations That SignificantlyAffectEnergy Supply. Distribution or Use"

Executive Order 13211. "Actions Concerning Regulations That Significantlyi'>.ffect Energy Supply. Distribution, or Use." 66 FR 28355 (Mav 22.2001), requires Federal agencies to

- prepare and submitto OIRA a Statement ofEnergy Effects for any proposed significant energy action. A "significant energy action" is defined as any action by an agency that promulgates or is expected to lead to the promulgation of

a final rule. and that: (1) Is a significant regulatory action under Executive Order 12866. or any successor order: and (2) is likely to have a significant adverse effect on the supply. distribution. or use ofenergy; or (3) is designated by the Administrator ofOIRA as a significant energy action. For any proposed significantenergy action. the agency must give a detailed statement ofany adverse effects on energy supply,

- distribution, or use should theproposal 

### be implemented, and ofreasonable alternatives to the action andtheir expectedbenefits on energy supply, distribution. and use.

Today's pwposed rule will not have

a significant adverse effect onthe supply. distribution. or use ofenergy, and. therefore. is not a significant energy action. Accordingly. DOE has not prepared a Statement ofEnergy Effects.

D. 

### Relfiew Under the Regulatory FlexibilityAct

The Regulatory Flexibility Act. 5 U.S.C. 601-612. requires that an agency prepare an initialregulatory flexibility analvsis for anv rule. for which a gene-ral notice**~f** proposedrulemaking is required. that would have a significant economiceffect on small entitiesunlessthe agency certifies that the proposedrule, ifpromulgated, will
not have a significant economic impact

on a substantial number ofsmall entities. 5 U.S.C. 605.

This proposedruleprescribes test procedures that willbe used to test compliance with energy conservation standards and labeling. Theproposed rule affects dishwasher test procedures and would not have a significant economic impact. but rather would provide common testing methods. Therefore DOE certifies thatthe proposed rule would nothave a "significant economic impact on a substantial number ofsmall entities." and the preparation ofa regulatory nexibility analysis is not warranted. 

### E. Review Under ExecutiFe Order 13132, "Federalism

..

Executive Order 13132. "Federalism." (64 FR 43255, .'\ugust 4. 1999). requires thatregulations. rules. legislation. and any other policy actions be reviewed for any substantial direct effects on States.

on the relationship between the Federal Government and the States. or in the distribution ofpower and responsibilities among various levels of government. Ifthere are substantial direct effects, thenthis Executive Order requires preparation ofa Federalism assessment to be used in all decisions involved in promulgating and implementing a policy action.

The proposed rule published today would not regulate or otherwise affect the States. A.ccordingly. DOE has determined that preparation ofa Federalism assessment is unnecessary.


### F. Review Under Executive Order 12630, 

### "GovernmentalActions and Interference With Constitutionally Protected PropertyRights"

DOE has determined pursuantto Executive Order 12630. "Governmental Actions and Interference witIl Constitutionally Protected Property Rights." (52 FR 8859. March 18. 1988). that this regulatory proposal would not result in any takings which might require compensation under the Fifth Amendment to the United States Constitution.

G. 

### Rel/iew Under the Paperwork ReductionAct

No new information or record keeping requirements are imposedby this rulemaking. Accordingly, no OMB clearance is required under the Paperwork Reduction Act. 44 U.S.c. 3501 

### etseq.
H. 

### Review Under Executive Order 12988, 

### "Civil Justice Reform"

With respect to the review ofexisting regulations and the promulgation of

new regulations. section 3(a) of Executive Order 12988, "Civil Justice Reform," 61 FR 4729 (February 7. 1996). imposes on Executive agenciesthe general duty to adhere to the following requirements: (1) Eliminate drafting

errors and ambiguity; (2) write regulations to minimizelitigation; and (3) provide a clear legal standard for affected conduct rather than a general standard and promote simplification and burden reduction. With regard to the review required by sections 3(a) and 3(b) ofthe Executive Order. Executive agencies mustmake every reasonable effort to ensure thattheregulation: (1) Clearly specifies thepreemptiveeffect. ifany; (2) clearly specifies any effect on

### 56240 

### Federal Register/Vol. 67. No. 170/Tuesday. September 3, 2002/Proposed Rules

existing Federal law or regulation; (3) provides a clear legal standard for affected conduct while promoting simplification and burden reduction; (4) specifies the retroactive effect, ifany; (5) adequately defines key terms; and (6) addresses other important issues affecting clarity and general draftsmanship under any guidelines issued bv the Attomev General. Section 3(c) ofthe Executive Order requires agencies to review regulations in light of applicable standards in sections 3(a) and 3(b) to determine whetherthey are met or it is unreasonable to meet one or

more ofthem.

DOE reviewed today's proposed rule under the standards ofsection 3 ofthe Executive Order and determined that, to the extent permitted by law. the proposed regulations meet the requirements ofthose standards.

I. 

### Review Under Section 32 

### ofthe FederalEnergyAdministrationAct of
1974

Under section 301 ofthe Department ofEnergy Organization Act (Pub. L. 95- 91), the Department ofEnergy must comply with section 32 ofthe Federal Energy Administration Act of ]974, as amended by the Federal Energy Administration Authorization Act of 1977.15 U.S.C. 788. Section 32 provides in essence that. where a proposed rule contains or involves use ofcommercial standards. the notice ofproposed rulemaking must inform the public of the use and background ofsuch standards.

The rule proposed in this notice incorporates one commercial standard, "ANSIIAHAM DW-1-1992, and the August 20.1999 ;':\ddendum to Appendix A ofAHAM DW-1-1992." The standard specifies the type and quantity offoods that will be used to soil place settings ofdishes inthis test procedure. The addendum provides

more details regarding a source of acceptable dishware for testing. The Departmenthas evaluated this standard and is unable to conclude whether it fully complies with therequirements of section 32(b) ofthe Federal Energy Administration Act, 

### i.e., that the standard was developed in a manner that fully provides for public participation, comment and review.

As required by section 32(cl ofthe Federal Energy Administration Act, the Department will consult withthe Attorney General and the Chairman of the Federal Trade Commission concerning the impact ofthis standard

on competition. priorto prescribing a final rule. 

### f. Review Under the Unfunded l'l-fandates Reform Act

## of1995

Section 202 ofthe Unfunded Mandates Reform Act of 1995 ("Unfunded Mandates Act") requires that the Department prepare a budgetary impact statementbefore promulgating a rule that includes a Federal mandate that may result in expenditureby state, local, and tribal governments, inthe aggregate. or by the private sector. of $100 million or more in anyone vear. The budgetary impact state"ment**~ust** include: (i) Identification oftheFederal law underwhichthe rule is promulgated; (ii) a qualitative and quantitative assessment ofanticipated
costs and benefits oftheFederal mandate and an anaJvsis ofthe extent to which such costs to ;tate, local. and tribal governments may be paid with Federal financial assistance; (iii) if feasible. estimates ofthe future compliance costs and ofany disproportionate budgetary effects the mandate has on particularregions, communities, non-Federal units of government. or sectors ofthe economy; (iv) iffeasible, estimates ofthe effect on the national economy; and (v) a description ofthe**D~partment's** prior consultation with elected representatives ofstate, local, andtribal governments and a summary and evaluation ofthe comments and

concerns presented.

.

TheDepartment has determined that the action proposed today does not include a Federal mandate that mav result in estimated costs of$100 million

or more to State, local or to tribal governments in the aggregate or to the private sector. Therefore, the requirements ofSections 203 and 204 of the Unfunded Mandates Act do not applyto this action.

K. 

### Review Under the Treasuryand General GovernmentAppropriations Act, 1999

Section 654 ofthe Treasury and General Government Appropriations Act, 1999 (Pub. L. No. 105-277) requires Federal agencies to issue a Family Policymaking Assessment for any proposed rule or policy that may affect family well-being. Today's proposed rule would not have any impact onthe autonomy or integrity ofthe family as

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

IV. Public Comment



### A. AttendanceatPublic Hearing

You will find the time and place ofa public hearing listed at thebeginning of this notice ofproposed rulemaking. If you would like to attend the public hearing, please notify Ms. Brenda Edwards-Jones at (202) 586-2945. Foreign nationals visiting DOE Headquarters are subjectto advance security screening procedures. Ifyou are

a foreign national and wish to participateinthe meeting, please inform DOE ofthis fact as soon as possible by contacting Ms. Brenda Edwards-Jones so thatthe necessary procedures canbe completed.

B. 

### Procedurefor SubmittingRequests 

### to Speak

We invite any person who has an interest intoday's notice. or who is a representative ofa group orclass of persons that has an interest in these issues. to request an opportunity to make an oral presentation. You may hand deliver requests to speak. along with a computer diskette or CD (WordPerfectTM 8), to the address indicated at thebeginning ofthis notice ofproposed ruJemaking between the hours of 8 a.m. and4 p.m., Monday through Friday, except Federal holidays. You may also sendthem by mail or email to Brenda.EdwardsJones@ee.doe.gov.

The person making the request should
state why he or she, either individually

or as a representative ofa group or ciass ofpersons. is an appropriate spokesperson, briefly describe the

. nature ofthe interest in this rulemaking, and provide a telephone number for
contact. We request each person selected to be heard to submit an advance copy ofhis orher statement no later than Tuesdav. October 8,2002. At

our discretion.

# we may permit any person who cannot do this to participate ifthat person has made alternative arrangements withthe Office of Building Research and Standards in advance. The request to give an oral presentation should ask for such alternative arrangements.
C. 

### Conduct of Hearing
DOE will designate a DOE official to preside at thehearing and we may also

use a professional facilitator to facilitate discussion. The meeting will not be a judicial or evidentiary-type hearing. but DOE 

### will conduct it in accordance with 5 U.S.C. 553 and Section 336 ofEPCA and a courtreporter will be present to record the transcript ofthe proceedings. We reserve the rightto schedule the presentationsby hearing participants. and to establish the procedures governingthe conduct ofthe hearing. Following thehearing, we will provide

an additional comment period. during which interested parties will have anFederal Register/ Vol. 67, No, 170/Tuesday, September 3, 2002/Proposed Rules 

### 56241

opportunity to comment on the proceedings at the hearing, as well as on any aspect ofthe rulemaking.

Thehearing will be conducted in an informal, conference stvle. We will present summaries of**c~mments** received before the hearing, allow time for presentations by participants, and encourage all interested parties to share their views on issues affecting this rulemaking. DOE will permit each participantto make a prepared general statement, (with time limit as determined by DOE), priorto the discussion ofspecific topics. DOE will permit other participants to comment briefly on anv "eneral statements.

At the end-ofall prepared statements

on a topic, DOE will permit each participant to clarify his or her
statement brieflv and comment on statements**mad~** by others. Participants should be prepared to answer questions by DOE and by otherparticipants concerningthese issues. DOE 

### representatives may also 

### ask questions ofparticipants concerning other matters relevant to the hearing. The official conducting the hearing will accept additional comments or questions from those attending. as time permits. The presiding official will announce any further procedural rules. or modification ofthe above procedures, needed for the
proper conduct ofthe hearing.

We will make the entire record ofthis proposed rulemaking, including the transcript from thehearing, available for inspection inDOE's Freedom of Information Reading Room. i\ny person may purchase a copy ofthe transcript from the transcribing reporter.


### D. Issues on Which CommentsAre Requested

The Department ofEnergy is interested in receiving comments and/or data concerning the feasibility, workability. and appropriateness ofthe
test procedme proposed in this notice. We also welcome discussion on improvements or alternatives to this approach. We are especially interested in any data and comment regarding:

(1) The frequency with which dishwasher loads are pre-rinsed;

(2) The amount and type ofsoil representingtypical dish loads;

(3) Improving the repeatability ofsoil
tests and minimizing testburden;

(4) The average number ofdishwasher cycles consumers run each year;

(5) Any soil-sensing dishwashers adversely affectedby the new test procedure and information identifying minimally compliant soil-sensing models;

(6) The method used to include standby power in the annual energy use caleulations; (7) Suggestions concerning the appropriate time frame and ways the Department can minimize the burden on manufacturers when it requests reports pursuantto EPCA

.. section 326 (d)(l) relating to the testing ofsoil-sensing models underthe newtest procedure;

(8) Comments on whether the tolerance for the voltage specifications

are attainable withoutundue burden, or whether thev shouldbe modified; and

(9) Possibre alternatives to the definition ofstandby mode.

In addition to these test procedure issues. we are interested in hearing
comment on possible future strategies to capture greater efficiency benefits with dishwashers and to maintain and update this test procedure. as dishwasher technology and consumer dishwasher use evolve. We are especially interested in comment on the following:

(1) i\.ssessing the energy impact of pre-rinsing dishes andthe energy saving opportunities ofgreater utilization of dishwashers. without pre-rinsing dishes.

(2) Supporting industryefforts to update and maintain the AHA.lvl 

### DW-l.

(3) Maintaining the correct percentages for the weighting factors in 

### the energy consumption formulas through follmN-up assessments of households' dish·vvqshei usage habits regarding soil loads.



### List ofSubjects in 10 CFR

### Part430

Administrative practice and procedure. Energy conservation, Household appliances. Incorporation by reference.

Issued in Washington. DC. on August 27. 2002. David K. Garman,
AssistantSecretary. EnergyEfficiencyand RenewableEnergy.

Forthe reasons set forth inthe preamble. the Departmentproposes to amend Part 430 ofChapter II ofTitle 10. Code ofFederal Regulations. as follows:

PART 430-ENERGY CONSERVATION 

### PROGRAM FOR CONSUMER PRODUCTS

1. The authority citation for part430 continues to read as follows:

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

2. Section 430.22 is amended in subpart B by revising paragraph (b)(7) to read as follows:

§430.22 Reference Sources. * * (b) * * * (7) Association ofHome Appliance Manufacturers, 1111 19thStreet, NW, Suite402, Washington. DC 20036, (202) 872-5955. "American National Standard. Household Electric Dishwashers, ANSI/AHAM DW-l1992" andthe August 20.1999 "Addendum to Appendix A ofAHAM DW-1-1992," hereinafter collectivelv referred to as AHAM DW-1.

J * * 

### * *

3. Section 430.23 ofsubpart Bis amendedbyrevising paragraph (c) to read as follows:

§430.23 Testprocedures for the
measurement ofenergy and water consumption. * * * (c) 

### Dishwashers. (1) The estimated annual operating cost (EAOC) for dishwashers must be rounded to the llearest dollar per year and is defined as follows:

(i) When cold water (50 OF) is used. (A) For dishwashers having a truncated normal cycle as defined in section 1.15 ofAppendix C to this 

### subpart.

EAOC = (Dc x S) + (Dc x N x (M

- (ED/ 2))

(B) For dishwashers not having a truncated normal cycle,

EAOC = (Dc 

### x S) 

### + (Dc 

### x N 

### x M)
where.
Dc = the representative average unit cost ofelectrical energy in dollars per kilowatt-hour as providedby the Secretary, S = the annual standby electrical energy in kilowatt-hours peryear and determined according to section 5.5 ofAppendix C to this subpart. N

## =the representative average dishwasheruse of 215 cycles per year, M = themachine electrical energy consumption per-cycle for the normal cycle as defined in section
1.6 ofAppendix C to this subpart. in kilowatt-hours and determined according to section 5.1 of Appendix Cto this subpart. ED = the energy consumed after the normal cycle is interrupted to eliminate the powerdry feature after the termination ofthe last rinse option. (iO When electrically-heated water (120 OF or 140 OF) is used.

(A) Fordishwashers having 

### a truncatednormal cycle as defined in section 1.15 ofAppendix C to this subpart.

EAOC = (Dc x S) + (Dc x N x (M

- (ED/ 2)) + (Dc x N x W)

(B) For dishwashers not having a truncated normal cycle.

### 56242 

### Federal Register/Vol. 67. No. 170ITuesday. September 3. 

### 2002/Proposed Rules

EAOC

## =(Dc x S) + (Dc x N x M) + (DC' xNxW) where. Dc. S. N, M, and Eo are defined in paragraph (c)(l)(i) ofthis section. and W = the total water energy consumption
per cycle for the normal cycle as defined in section 1.6 ofAppendix C tothis subpart. in kilowatt-hours
per cycle and determined according
to section 5.3 ofA.ppendix C to this subpart.

. (iii) When gas-heated or oil-heated
water is used.

(A) For dishwashers having a truncated normal cvcle as defined in section 1.15 ofAppendix C to this subpart.**EAOC~** = (Dc x S) 

### + (DC' x N x (M

- (Eo/ 2)) + 

### (lJ. x N x W u)

(B) For dishwashers not having a truncated normal cycle.**EAOC~** 

## =(Dc x S) 

### + (Dc x N x M) + (D. xNxW.,)

- where. Dc, S. N, M, and ED are defined in paragraph (c)(l)(i) ofthis section, Dg = the representative average unit cost in dollars per Btu for gas or oil. as appropriate, as provided by the Secretary. and WIi- = the total water energy consulIljJlion per

### cycle for the normal 

### cycle as defined in section 1.6 ofAp-pendix Cto tJlis subpart. in Btu's per cycle and determined according to section 5.4 of Appendix C to this subpart. (2) The energy factor for dishwashers. 

### EF, expressed in kilowatt-hours per cvcle is defined as follows:

• (i) When cold water [50 OF) is used.

(A) For dishwashers having a truncated normal cycle as defined 

### in section 1.15 ofAppendix Cto this subpart.
EF = l/(M

- (Eo/2))

(B) For dishwashers not having a truncated normal cycle.

EF = 11M where. M. and Eo are defined in paragraph (c)(l)(i) ofthis section. (ij) When electrically-heated water (120 OF or 140 OF) is used,

(A) For dishwashers having a truncated normal cycle as defined in section 1.15 ofAppendix C to this subpart,
EF = l/(M

- (Eo/2) + W)

(B) For dishwashers not having a truncated normal cycle,

EF l/(M+ W) where, M. and Eo are defined in paragraph (c)(l)(i) ofthis section. andW is defined in paragraph (c)(1)(ii)ofthis section. (3) The estimated annual energy use, EAEU, expressed in kilowatt-hours per

vear is defined as follows: " (i) For dishwashers having a truncated normal cycle as defined in section 1.15 ofApperl'dix C to this subpart, E.,<\EU

## =(M

- (ED/2) + W + S) where, 

### M. Eo and S are defined in paragraph (C)(l)(i) ofthis section, and W is defined in paragraph (c)(l)(ii) ofthis section.

(ii) For dishwashers not having a truncated normal cycle.
EAEU = (M + W +

## si

where tv! and S are defined in paragraph (c)(l)(i) ofthis section, and W is defined in paragraph (c)(l)(ii) of this section. (4) Other useful measures ofenergy consumption for dishwashers are those which the SecretarY determines are likely to assist**con~umers** in making purchasing decisions and which are derived from the application of j\ppendix C to this subpart.
* * * 

### 4. Appendix Cto Subpart 

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

### Appendix Cto SubpartBofPart 430- Uniform Test Method for w!easuring the 

### Energy Consumption of

### Dishwashers

1. Definitions: 1.1 "AHAM" means the Association of Home ApplianceManufacturers.

1.2 "Compact dishwasher" means a dishwasher that has a capac:ily less than eight place settings plus six serving pieces as specified in AHAlvl DW-l (see §430.22).

1.3 "Cycle"means a sequence of operations of a dishwasher which**perform.~** a complete dishwashing function, and may include variations or combinations of washing, rinsing, and drying.

1.4 ·'C.,..cle type" means any complete sequence ofoperations capable ofbeing preset on the dishwasherprior to the initiation ofmachine operation.

1.5 "Non soil-sensing dishwasher"means
a dishwasher that does not have the abilitv to adjust automatically any energy·· consuming aspect ofa wash cycle based on the soil load ofthe dishes.

1.6 "Normal cycle"means the cycle type recommended by the manufacturer for completely washing afull load ofnormally soiled dishes including the power-dry feature.

1.7 "Power-dryfeature" means the introduction ofelectrically generated heat into the washing chamber for the purpose of improving the drying performance ofthe dishwasher.

1.8 "Preconditioningcycle"means any cycle that includes a fill, circulation, and drain to ensure that the water lines and sump
area ofthe pump are primed.

1.9 "Sensorheavycycle"means, for standard dishwashers. the set ofoperations in a SOil-sensing dishwasher that constitutes the response for completely washing a load ofdishes, four place settings ofwhich are soiled. For compact dishwashers. this definition is the same, except that two soiled place settings are used instead offour.

1.10 "Sensorlight cycle" means, for both standard and compact dishwashers. the set of operations in a soil-sensing dishwasher that constitutes the response for completely washing a load ofdishes. one place setting ofwhich is soiled with halfof the gram weight ofsoils for each item specified in a single place setting according to AHAM DW1. 1.11 "Sensormedium cl1cle"means. for standard dishwashers. the set ofoperations in a soil-sensing dishwasher that constitutes the response for completely washing a load ofdishes. two place settings ofwhich are soiled. For compact dishwashers, this definition is the same, except that one soiled place setting is used instead oftwo.

1.12 "Soil-sensing dishwasher"means a dishwasher that has the ability to adjust automatically any energy consuming aspect ofa wash cycle based on the soil load ofthe dishes. .

1.13 "Standard dishwasher" means a dishwasher that has a capacity equal to Dr greater than eight place settings plus six serving pieces as specified in f\T--l,'\M DW-1 (see section 430.22).

1.14 "Standby mode"means the power consumption condition when the dishwasher is connected to the main electricity supply and the door lor:k is unlatched.

1.15 "Truncated normal cl1cJe" means the normal cycle interrupted to eiiminate tho power-dry feature after the termination oflhe last rinse operation.

1.16 "Truncated sensorheavy cvcle"

means the sensor heavy cycle inten:upted to eliminate the power-dry feature aftor the termination of the last rinse operation.

1.17 "Truncated sensorlight rvcJe"

means the sensor light cycle interrupted to eliminate the power-dry feature after the termination ofthe last rinse operation.

1.18 "Truncated sensormedium cvcle"

means the sensor medium cycle interrupted to eliminate the power-dry feature after the termination ofthe last rinse operation.

1.19 "Water-heating dishwasher" means
a dishwasher which is designed for heating cold inlet water (nominal 50 OF) or a dishwasher for which the manufacturer recommends operation with a nominal inlet water temperature of 120 OF, and may operate at either ofthese inlet water temperatures by providing internal water heating to above 120 OF in at least one wash phase ofthe normal cycle.

- 2. Testing conditions:

2.1 Installation Requirement<;. Install the dishwasher acc:ording to the manufacturer's instructions. A standardor compact undercounter or under-sink dishwasher must be tested in arectangular enclosure r:ol1strnc:terJ ofnominal 0.374 inch (9.5 mm) plywood painted black. The enclosure must consist of a top, a bottom. aback, and two sides. Ifthe dishwasher includes a countertop as part of the appliance. omit the top ofthe enclosure. Bring the enclosure into the closest contact with the appliance that the c:onfiguratiol1 of the dishwasher will allow.

### Federal 

### Register/Vol. 67. No. 170/Tuesday. September 3. 2002/Proposed Rules 56243

2.2 Electrical energysupply. 2.2.1**Dishll'asher,~** that operate with an electrical supplyof120 volts. Maintain the electrical supply to the dishwasher at 120 volts ±2% and within one percent ofthe nameplate frequency as specified by the manufacturer.

2.2.2 Dishwashers that operate with an electrical supplyof 240**voll.~.** Maintain the electrical supply to the dishwasheT at 240 volts ±2% and within onepercent ofits nameplate frequency as specified by the manufacturer.

2.3 Water temperatlIre. 1vleasure the tempeTature ofthe water supplied to the dishwasheT using a temperature measuring device as specified in sf1ction 3,1 ofthis Appendix.

2.3.1 Dishwashers /0 be tested at a nominal 1

..0OFinlet waler tempera/lIre. Maintain the wateT supply temperature at 140 ± 5 of.

2.3.2 Dishwashers 10 be (flsled at a nominal 120 OF inlet water temperature. Maintain the water supply tempeTature at 120 ± 2 OF.

2.3.3 Dishwashers to be tested at a nominal50 OFinlet water temperature. Maintain the water supply temperature at 50 ±2 OF.

2.4 vVaterpressure. Using a wateT pressure gauge as specified in section 3.3 of this Appendix, maintain the pressure ofthe
water supply at 35 ± 2.5 pounds per squaTe inch gauge fpsig) when the water is flowing.

2.5 Ambientandmachine tempemture. Using a tempeTature measuring device as specified in section 3.1 ofthis Appendjx. maintain the foom ambient air temperature at 75 ± 5 OF. and ensure that the dishwasher and the test load are at room ambient temperature at the start ofeach fest cvcle.

2.6 Test C\lcle andL;ad. 2.6.1 Non-soil-sensingdishwashers to be tested at a nominal inlet temperature of140 OF. These units must be tested on the normal cycle without a test load ifthe dishwashf!T d-oes not heat water in the normal cvcle.

2.6.2 Non soil-sensingdishwashers to be tested at a nominal inlet temperature of.50 OF or 120 OF. These units mustbe tested on the normal cycle witl1 a clean lmid ofeight place settings plus six serving pieces. as specified in AHAM DW-l. Ifthe capacity of tbe dishwasher. as stated bv the manu·facturer, is less than eight place settings, then the test load must be the stated capacity.

2.6.3 Sail-sensing dishwashers to be tested at anominal inlet temperature af 50 OF, 120 OF. or 140 OF. These units must be first tested on the sensorheavy cycle. then tested on sensor medium cycle. and finally

on the sensor light cycle with the following combinations ofsoiled and clean test loads.

2.6.3.1 For tests ofthe sensor heavy cycle.

as defined in section 1.9:

- -

fA) For standard dishwasheTs. the test unit is to be loaeled with a total ofeight AHAM DW-l place settings plus six serving pieces. Fourofthe eight place settings must be soiled according to il.HAM DW-l while the Temaining place settings. serving pieces. and all flatware are not soiled.

(B) For compact dishwasheTs. the test unit is to be loadedwith four AHAM DW-l place settings plus six serving pieces. Two place settings must be soiled according to AHAM DW-1 while the remaining place settings, serving pieces, and all flatware are not soiled.

2.6.3.2 For tests ofthe sensor medium cycle. as defined in section 1.11:

(i'.) For standard dishwashers, the test unit is to be loaded with a total ofeight AHAM DW-1 place settings plus six serving pieces. Two ofthe eight place settings must be soiled according to AHAM DW-J while the remaining place settings. serving pieces, and all flatware are not soiled.

(B) For compact dishwashers. the test unit is to be loaded with four AHAM DW-l place settings plus six serving pieces. One place setting must be soiled according to AHAM DW-l while the remaining plar:e settings. serving pieces. and all f1atware are not soiled.

2.6.3.3 For tests ofthe sensor light cycle.

as defined in section 1.10:

C

....)For standard dishwashers, the test unit is to be loaded with a total ofeight

, ....H.\M DW-1 place settings phIS six serving pieces. One place setting must be soiled with halfof the soil load specified for asingle place setting according to j?'.HAM DW-1 while the remaining place settings. serving pieces. and all flatware are not soiled.

(B) For compact dishwashers. the test unit is to be loaded with four AHi\M DW-1 place settings plus six serving pieces. One place setting must be soiled with halfofthe soil load specified for a single place setting according to the i\Hi.Jv[ DW-l while the remaining place settings, serving pieces. and all f1atware are not soiled.

2.7 Detergent andrinse agent. Use detergent and rinse agent in the types and quantities specified according to AHAM DW-l.

2.8 Testing requirements. Provisions in this Appendix pertaining to dishwashers that operate with a nominal inlet temperature of 50 OF or 120 OF apply only to water heating dishwashers.

2.9 Preconditioning requirements. Precondition the dishwasherby establishing the testing conditions set forth in sections 2.1 through 2.5 ofthis Appendix. Set the dishwasher to the preconditioning cycle as defined in section 1.8 oftilis Appendix. without using a test load, and initiate the cycle.

3. Instrumentation: Test instruments must be calibrated annuallv.

3.1 Temperature m"easuring device. The device must have an error no greater than 

### ± 1 OF over the range being measured.

3.2 Timer. Time measurements for each monitoring period shall be accurate to within 2 seconds.

3.2.1 Watermeter. The water metermust have a resolution ofno larger than 0.1 gallons and a maximum error no gTeater than 1.5 percent for all water flow rates from one to five gallons perminute and for all water temperatures encountered ill the test cycle.

3.3 Waterpressuregauge. The water pressure gauge must have a resolution of one pound per squareinch [psi) and must have

an error no greater than 5 percent ofany measured value over the range of35 ± 2.5 psig.

3.4 Watt-hourmeter. The Watt-hour
meter must have a resolution of 1 watt-hour or less and a maximum error ofno mOTe than 1percent ofthe measured value for any demand greaterthan 50 WHttS.

3.5 Standbypowermeter. The watt/watthour meter musthave a resolution of0.1 watt

or less at 1.0 watt actual power consumption and accumulate into watt-hours at a minimum power level of20 milliwatts. The watt/watt-hour metermust be capable of opeTating within the stated tolerances for input voltages at up to five percent total harmonic distortion and shall be capable of operating at frequencies from 47 hertz through 63 hertz. Powermeasurement instruments shall have a crest factor ofnot less than five at R1vfS currents oftwo amps

or less.

4. Test r.vcie and**meaSllrement.~:** 4.1 Test cvcle. Perform a test cvcle bv establishing the testing conditions-set forth in section 2 ofthis Appendix. setting the dishwasher to the cycle type to be tested, initiating the cycle. and allowing the cycle to proceed to completion.

4.2 Machine electrical energy conSllmption. Measure the electTical eneTgy consumed by the machine during the test cycle. M. expressed in kilowatt-hours per cycle. using a water supply temperature as set forth in section 2.3 ofthis Appendix and using a walt-hour meter as specified in section 3.4 ofthis .A.ppendix.

4.3 Water consumption. Measure thtl
water consumption, V. speciIJed as the number ofgallons delivered to the dishwasher duringthe entire test cycle, llsing

a water meter as specified in section 3.2 of this Appendix.

4

.... - Standbypower. Connect the dishwasheT to a watt/walt-hT meter as specified in section 3.5. Select the conditions necessary to achieve operation in the standby mode as defined in section 1.14 ofthis ,'\ppendix. Monitor the power consumption but allow the dishwasher to stabilize for not less than 5 minutes. Commence energy consumptionreadings for a period ofnot less than an additional 5 minutes. checking tile power and equipment during the recording period to make sure that the dishwasher has
not entered another mode. Continue
measurement until the necessary measurement period is complete. Record the duration ofenergy measurement and the total
energy consumed in watt-hours over that time period. Calculatethe average standby
power, Sm. expressed in watts by dividing the measured energy consumption by the duration ofthe measurement.

5. CalclIlation of derived reslIltsfrom fest
measurements:

5.1 Machine energy conslImption. 5.1.1 Machine energy conslImptionfor

non soil-sensing electric dishwashers. Take the value recorded in section 4.2 ofthis Appendix as the per-cycle machine electrical
energy consumption. Express the value, M. in kilowatt-holll's per cycle.

5.1.2 Machine energy consumptionfor**soil-sen,~ing** electric**dishwa.~l1ers.** The machine energy consumption for the sensor normal cycle, M. is defined as: M

## =[Mhe X Fhc) + (Mmc x FmcJ + (M'e x FIe) where.
Mhc

## =the value recorded in section 4.2 ofthis Appendix for the test ofthe sensorheavy

### 56244 Federal Register 

### IVaI. 67, No. 170/Tuesday, September 3, 2002/Proposed Rules

cycle, expressed in kilowatt-hours per cvcle. Mmc ;;the valuerecorded in section 4.2 of this Appendix for the test ofthe sensor medium cycle, expressed in kilowatthours per cycle. MJc = the valuerecorded in section 4.2 ofthis Appendix for the test ofthe sensor light cycle, expressed in kilowatt-hours per cvcle. Fhc = the weighting factor based on consumer

use ofheavy cycles

## =0.05. F",c = the weighting factor based on consumer

use of medium cycles = 0.33. F,c = the weighting f'(ctor based on consumer

use oflight cycles = 0.62.
5.2 Water consumption. 5.2.1 Woter consumptionfor non soilsensingdishwashers using electrically heated. gas-heated. oroil-heated water.

Take the value recorded in section 4.3 of this Appendix as the per-cycle water energy consumption. Express the value, V. in gallons
per cycle.

5.2.2 Water consumptionJar Sail-sensing dishwashers using electrically**heat(~d.** gasheated. Of oil-heated water.

The waler consumption for the sensor normal cycle. V. is defined as: V = (Vhc x Fhc) + (Vmc x Fmc) + (Vie x Fie)
where.
Vhc = the value recorded in seclion 4.3 ofthis Appendix for the test ofthe sensor heavy cycle. expressed in gallons pDr cycle. V

mc = the value recorded in section 4.3 ofthis ADDendix for the test ofthe sensor**m~dium** cycle, expressed in gallons per cvclt1. Vie =the value recorded in section 4.:1 of lhis Appendix fDr the test ofthe sensor light cycle. expressed in gallons per cycle. Fhc =the weighling factor based on r.onsumer

use ofheavy cycles = 0.05. Fmc = the weighting factor based on consumer

use ofmedium cycles = 0.33. Fie = the weighting fa-clDr based Dn consumer

llse Dflight cycles = 0.62.
5.3 I·Fater energy consumptionfor non**.~oil-sensing** orsoil-sensing dishwashers using electricallyheated water.

5.3.1**bishwasher.~** that operate wilh a nominal 140 OF inlet water temperature. only. For the normal and truncated normal test cycle. calculate the water energy consumption. W. expressed in kilowatt-hours
percycle and deflned as: W=VxTxK where.
V = reported water consumption in gallons
per cycle, as measured in section 4.3 of 

### this l\ppendix. T 

## =nominal water heater temperaturerise = 90 OF. K = specific heat ofwater in kilowatt-hours
per gallon per degree Fahrenheit = 0.0024.
5.3.2 Dishwashers that operate with a nominal inlet water temperature 0/120 OF. For the normal and truncated normal test cycle. calculate the water energy consumption. W. expressed in kilowatt-hours
per cycle and defined as: W=VxTxK where,
V = reported water consumption in gallons
per cycle. as measured in section 4.3 of this Appendix. T = nominal water heater temperature rise = 70 OF. K = specific heat Dfwater in kilDwatt-hours
per gallon per degree Fahrenheit = 0.0024. 5.4 Water energy consumptionpercycle u3ing gas-heated oroil-heated water.

5.4.1 Dishwashers that operate with a nominal 140 OFinlet water temperature. only. For each test cycle. calculate the water energy consumption using gas-heated or oilheated water. Wg, expressed in Btu's per cycle and defined as: Wg=VxTxC/e
where.
V = reported water consumptiDn in gallons
per cycle. as measured in section 4.3 of this Appendix. T

## =nominal water heater temperature rise = 90 OF. C = specific heat ofwater in btu's per gallon
per degree Fahrenheit = 8.2.

e = nominal gas or oil water heater recovery efficiency = 0.75.

5.4.2 Dishwashers that operate with a nominalinlet water temperature of120 OF. For each test cycle, calculate the water energy**consun~ption** using gas heated or oil heated waler, Wg , expressed in Btu's per cycle and defined as: Wg=VxTxC/e where,
V is measured in section 4.3 ofthis Appendix. T = nominal water heater temperature rise = 70 OF. C = specific heat ofwater in btu's pergallon
per degree Fahrenheit = 8.2,

e = nominal gas or oil water heaterrecovery efficiency = 0.75. 5.5. Annualstandby energyconsumption. Calculate the estimated annual standby
energy consumption. First determine the numberofstandby hours per year, 

### K. defined as: H. = H - (215 cycles/yearxL). where,
L = the duration ofthe nOlmal cycle for tests of non soil-sensing dishwashers orthe duration ofthe sensor medium cycle for
tests ofsoil-sensing dishwashers: and H = the total number ofhOllrs peryear = 8766 hours per year. Then calculatethe estimated annual standby poweruse, S. expressed in kilowatthours peryear and defined as: S= Sm x ((K)/1000) where,
Sm = the average standby power in watts as measured in section 4.4 ofthis Appendix.

IFR Doc. 02-22315 Filed 8-30-02; 8:45 am]

BILLING CODE 64S0-01-P DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 1

[REG-154920-01]

RIN 1545-BA33

Guidance Regarding the Definition of Foreign Personal Holding Company Income; Hearing Cancellation

AGENCY: 

### Internal Revenue Service [IRS). Treasury.

ACTION: 

### Cancellation ofnotice ofpublic hearing on proposed ruJemaking.

SUMMARY: 

### This document provides notice ofcancellation ofa public hearing on proposed regulations under section 954 

### ofthe Internal Revenue Code.

DATES: 

### The public hearing originally scheduled for 

### September 11, 

### 2002. at 10
a.m., is cancelled.

FOR FURTHER INFORMATION CONTACT: 

### Treena Garrett ofthe Regulations Unit. Associate ChiefCounsel (Income Tax and Accounting). (202) ti22-7HlO 

### (not a toll-free number).

SUPPLEMENTARY INFORMATION: A 

### notice ofproposed rulemaking and notice of public hearing that appeared in the Federal Register on May 13. 

### 2002. (67 FR 31995). 

### announced that a public hearing was scheduled for September 11.2002, at 10 a.m., inroom 4718, 

### Internal Revenue Service Building, 1111 

### Constitution Avenue. NW., 

### Washington, DC. 

### The subject ofthe public hearingis proposed regulations under section 954 

### ofthe Internal Revenue Code. The public commentperiod for these proposedregulations expired on J'\ugust 21,2002.

The notice ofproposed rulemaking and notice ofpublic hearing, instructed those interested intestifying at the publichearing to submit a request to 

### speak and an outline ofthe 

### topics to be addressed. As ofAugust 27, 2002. no

one has requested to speak. Therefore, thepublic hearing scheduled for September 11. 2002, is cancelled.
CynthiaE. Grigsby, Chief, Regulations Unit. Associate Chief Counsel (Income Tax andAccounting). [FR Doc. 02-2237i Filed 8-30-02: 8:45 aml

BILLING CODE 4830-01--P