EE-RM-TP-99-500 COMMENT 28B

56232 

Proposed Rules 

This section of the FEDERAL REGISTER 

contains notices to the public of the proposed 

issuance of rules and regulations. The 

purpose of these 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 of Energy Efficiency and 

Renewable Energy. Depilrtment of 

Energy. 

ACTION: Notice of proposed rulemaking 

and public hearing. 

SUMMARY: The Department of Energy 

(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 of the 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 

public hearing 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 

(WordPerfect TM 8) of statements to be 

given at the public hearing must be 

received by 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 

after the ,public hearing. but no later 

than November 18. 2002. 

ADDRESSES: 

SlIbmission of Comments 

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 should be 

addressed to Ms. Brenda Edwards-Jones, 

U.S. Department of Energy. 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) of the 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 of your commenis. All 

envelopes and documents should be 

labeled. "Energy Conservation Program 

for Consumer Products: Test Procedures 

for Dishwl1shers. Docket No. 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 of Energy. 

Office of Energy 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 of Energy. Forrestal 

Building. 1000 Independence Avenue. 

SW. Washington. DC 20585. For more 

information concerning public 

participation in this rulemaking 

proceeding. see section IV, "Public 

Comment." of this notice of proposed 

rulemaking. 

Copies of the transcript of the public 

hearing, public comments received. and 

this notice of proposed rulemaking may 

be read at the Freedom of Information 

Reading Room (Room J E-190) at the 

U.S. Department of Energy, Forrestal 

Building, "1000 Independence Avenue, 

SW. Washington. DC 20585. between 

Federal Register 

Vol. 67. No. 170 

Tuesday. September 3, 2002 

the hours of 9 a.m. and 4 p.m., Monday 

through Friday. except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Barbara Twigg. U.S. Department of 

Energy, Office of Energy 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 

of Energy. Office of General Counsel. 

GC-72. 1000 Independence Avenue, 

SW. Washington. DC 20585-0121. (202) 

586-7432. email: 

Francine.Pinto@HQMaij.doe.gov. 

SUPPLEMENTARY INFORMATlON: This 

notice of proposed rulemaking 

incorporates by 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 by the 

Association of Home A.ppl iance 

Manufacturers (AHAM). Copies of the 

standards to be incorporated by 

reference mav be viewed at the 

Department of Energy's Freedom of 

Information Reading Room at the 

address stated above. You mav also 

obtain copies of the reference;:! standard 

AHAM DW-1-1992, along with the 

1999 Addendum. from the Association 

of Home 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 Average Dishwasher Use 

C. New Definitions 

D. New Test Procedure for Soil-sensing 

Dishwashers 

E. !'JAW Test Procedure for Standbv Power 

F. Instrumentation Requirements -

G. Impact of Test Procedure Revisions 

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(), 

"Regulatory Planning and Review" 

C. Review Under Executive Order 13211. 

"Action Concerning Regulations that 
EE-RM-TP-99-500 COMMENT 28B

Federal Register I Vb!. 67, No. 170 I Tuesday, September 3. 2002/Proposed Rules 56233 

Significantly Affect Energy Supply, 

Distribution. or Use" 

D. Review Under the Regulatory 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 of Hearing 

D. Issues on Which Comments are 

Requested 

I. Introduction 

A. A.uthority 

Part B of Title III of the 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 

Policv Act of 1992 (EPACT), Public Law 

102-485, established the Energy 

Conservation Program for Consumer 

Products Other Than Automobiles 

(Program). The products currently 

subject to this Program ("covered 

products") include residential 

dishwashers, the subject oftoday's 

notice. 

Under the Act. the Program consists 

of three parts: testing, labeling. and the 

Federal energy conservation standards. 

Section 323 of EPCA requires the 

Department. in consultation with the 

National Institute of Standards and 

Technology (NIST), to establish or 

amend test procedures as appropriate 

for each of tile covered products (42 

U.S.C. 5293). The purpose of the test 

procedures is to measure energy 

efficiency, energy use. or estimated 

annual operating cost of a covered 

product during a representative average 

use cycle or period of use. The test 

procedure must not be unduly 

burdensome to conduct (42 U.S.c. 

5293(b)(3)). 

If a test procedure is amended, section 

323(e)(1) of EPCA requires DOE to 

determine. in the rulemaking, to what 

extent. if any, the new test procedure 

would change the measured energy 

efficiency or measured energy use of 

any covered product as determined 

under the existing test procedure (42 

U.S.c. 5293(e)(1)). If DOE determines 

that the amended test procedure would 

change the measured energy efficiency 

or measured energy use of a covered 

product, DOE must amend the 

applicable energy conservation standard 

during the rulemaking that establishes 

the new test procedure. In setting the 

new energy conservation standard, 

section 323(e)(2) of EPCA requires DOE, 

with the new test procedure. to measure 

the energy efficiency or energy use of a 

representative sample of covered 

products that minimally comply with 

the existing standard. The average of 

such energy efficiency or energy use of 

these representative 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 of covered 

products in use the day before the new 

energy conservation standard becomes 

effective (or revisions of such models 

that come into use after such date and 

have the same energy efficiency or 

energy use characteristics) and which 

comply with thfl energy r.onsflTvation 

standard applicable to such covered 

products on the day before the new 

standard becomes effective, shall be 

deemed to comply with the 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 

under EPCA sec IOn '" , no 

manufacturer, distributor. retailer. or 

private labeler may make any 

representation with respect to the 

energy use, efficiency, or cost of energy 

consumed by such product, unless such 

product has been tested in accordance 

with such amended or new DOE test 

procedure and such representation 

fairly discloses the results of such 

testing (42 U.S.c. 5293(c)(2)). 

B. Background 

On December 18, 2001. the 

Department published a final rule for 

dishwashers that amended certain 

elements of the 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 

of compact and standard dishwasher 

models to use place setting capacity 

instead of width, reduced the 

representative average number of use 

cycles per year from 322 to 254, and 

tightened testing specifications to 

improve testing repeatability. Although 

a new test procedure for soil-sensing 

dishwashers had been proposed in the 

Notice of Proposed 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 of typical 

dishwasher loads; (2) assess how 

consumer behavior concerning loading 

and rinsing could be translated into a 

representative soil load that could be 

used for repeatable and accurate testing; 

and (3) determine what kind of test 

procedure would best measure the 

energy and water consumption of 

dishwashers using a variety of soilsensing technologies. Investigating and 

analyzing additional survey sources to 

update how often dishwashers are used 

was an additional goal. 

Because the Department 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 support the 

development of a new test procedure. 

However, because much of this 

information was considered proprietary 

by individual companies and entities 

and not publicly available. we hired 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 of Survey Data to Support 

Revisions to DOE's Dishwasher Test 

Procedure" (hereafter referred to as the 

ADL report). The report concluded that 

there was adequate, nationally 

significant information regarding 

consumer loading and pre-rinsing 

behavior, and presented 

recommendations regarding how a soilbased test procedure could be 

developed, using the existing consumer 

behavior data. On December 19,2001. 

DOE posted the ADL report on the DOE 

Buildings Research and Standards 

website, along with a brief presentation 

ofthe type of soil test being considered 

for soil-sensing models. In the following 

weeks, we evaluated additional 

information and comments that we 

received as a result of our website 
EE-RM-TP-99-500 COMMENT 28B

56234 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 Proposed Rule 

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 procedure to reflect 

the decline in dish'washer use by 

reducing the representative ave;age 

dishwasher use from 264 cycles per year 

to 215 cycles per year, 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 Sensor Medium 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 of the 

standby power consumption 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 models be 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 provide reliable measures of energy 

consumption. In the case of 

dishwashers. the introduction of soilsensing models. which adjust the 

duration and number of fills of a wash 

cycle according to the amount of soil in 

the dish load. challenged the structure 

of the existing test procedure. That test 

procedure, which uses only clean 

dishes, was developed at a time when 

the thermal mass ofthe dish load and 

the cycle type were the only factors that 

influenced the energy consumption 

results of the test. However, with the 

introduction of soil-sensing machines, 

the clean test load no longer served to 

test the machines accuratelv because 

soil-sensing machines useci'more energy 

jf soiled dishes were used than if clean 

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 and lowest levels of 

energy consumption that a soil-sensing 

dishwasher was capable of providing 

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 of having a soilbased test, whereby the soil sensor 

would set the cycle based on a more 

realistic representation of consumer use. 

But a test procedure that actually used 

soiled dishes presented the difficult 

questions of how many soiled dishes 

should be used in the test and to what 

degree should the dishes be soiled? 

What kind oftest load could represent 

the typical load of soiled dishes being 

placed into soil-sensing dishwashers by 

American consumers? 

To determine the nature of this soil 

load, the Department contracted with 

ADL to evaluate available survey and 

technical information. Much of that 

information is proprietary and 

confidential. and was reported by ADL 

to the Department only in summary or 

aggregated form. 1 As a result. and while 

, We recognize and support the goal of full 

di,clOSllrp. of nil 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 of tho,e who are willing to share 

their own datR for Iimitedu,". Without such 

as,mances of confidentiality. organizations often 

wllulli not make their re5earch or information 

available to us, ultimately adding to the expense 

ADVs report to DOE will be fully 

disclosed and will be a part of the 

public administrative record for this 

NOPR, DOE neither has possession of 

nor has any ability to identify in this 

NOPR the particular proprietary and 

confidential information used bv ADL to 

complete its report. J 

DOE tasked ADL to compile all 

available public and private studies of 

consumer dishwasher use and 

determine whether i\DL believed that 

information was of sufficient quality 

and national significance to use in 

developing a new test procedure for 

soil-sensing dishwashers. ADL did find 

significant sources of data. and 

produced for DOE a report outlining a 

possible three-level test procedure based 

on three levels of soil. The energy 

consumption for each soil-sensing 

dishwasher at those three levels would 

be weighted according to the 

distribution of dishwasher soil levels 

obtained from consumer survey data. 

The resulting energy factors would 

reflect a weighted average of consumer 

use in the U.S. ADL also surveyed and 

evaluated available studies of frequency 

of use in order to produce information 

so that DOE can update the average 

number of use 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, and presents a new test 

procedure for soil-sensing models, using 

soiled dishes. based on the ADL report. 

It also adds a procedure for measuring 

standby power consumption for both 

non soil-sensing and soil-sensing 

models, and reduces the number of use 

cycles per year to 215. The Department 

is especially interested in receiving 

comments regarding whether the 

proposed soil levels provide a realistic 

representation of consumer use. 

B. Changes in Consllmer PracticesRepresentative Average Dishwasher Use 

On December 18, 2001, the 

Department issued a final rule for 

dishwashers that reduced the 

representative average number of use 

cycles per year to 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 of the mle 

eventually issued. Tn contrar.ting with ADL. we 

asked ADL to use the best availahle expertise in 

applianr.e technology in order to "vRhmte, 

objectively and confidentially, all available date 

regarding the soilloalis of dishwashers and thr.ir 

frequency of use. 
EE-RM-TP-99-500 COMMENT 28B

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 identified five as 

nationally representative of U.S. 

demographics (e.g .. age. household size. 

income, location). Several surveys used 

bands to categorize dishwasher use per 

week (e.g., 4-6 times per week). 

indicating a range in the cycle numbers 

and contributing some uncertainty in 

the results. In its assessment. ADL 

points out that one of the surveys. the 

Energy Information Administration's 

Residential Energy Consumption Survey 

entitled. "A Look at Residential Energy 

Consumption in 1997," indicates that 

more than half of the U.S. households 

with a dishwasher use it less than four 

times per week (208 cycles per year). 

This extensive and nationally 

representative survey gives a- good 

indication of the frequency of 

dishwasher use. Although the four 

remaining nationally representative 

surveys show a range of results 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 should be 

subst1mtialIv less than the 264 in the 

interim rule-making. but not less than 

200 cycles per year." It goes on to 

recommend "reducing the average-use 

cycles per year 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 can be found on page 13 

of the addendum which is posted on our 

website and is available in the docket 

for this rulemaking. The Department 

reviewed the analysis and believes that 

because of the typ~ of data available. the 

way that the surveys were conducted 

and the data presented, and the inherent 

variabi I ity of the consumer conduct at 

issue (i.e:, dishwasher use bv individual 

consumers), the range ADL ;ecommends 

is appropriate. Because this range is 

appropriate but no definitive number 

within that range appears to be better 

than any other. the Department 

proposes to set the average use cycles. 

(factor "N" in the test procedure 

formula set forth in this NOPR), at 215 

cycles per year. This number represents 

roughly the midpoint between the 

estimated range of the average use cycle 

data presented in the ADL report. We 

believe it is appropriate to set the 

number of average 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 of average dishwasher 

use than any other. 

C. NeIA' Definitions 

This NOPR introduces a new test 

procedure for SOil-sensing dishwashers. 

As a result. we have developed new 

definitions to differentiate between two 

types of dishwashers (non soil-sensing 

and soil-sensing). the conditions ofthe 

standby operation. and the conditions 

for the light. medium. and heavy tests 

of a soil-sensing dishwasher. These 

definitions are as follows: 

• "Non SOil-sensing dishwasher" 

means a dishwasher that does not have 

the ability to adjust automatically any 

energy consuming aspect of a 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 of a wash cycle based on the soil 

load of the dishes. 

• "Standby mode" means the power 

consumption condition when the 

dishwasher is connected to the main 

electricity supply and the door lock is 

unlatched. 

• "Sensor heavv cycle" means. for 

standard dishwashers. the set of 

operations in 9 soil-sensing dishwasher 

that constitutes the response for 

completely washing a load of dishes, 

four place settings of which are soiled. 

For compact dishwashers, this 

definition is the same, except that two 

soiled place settings are used instead of 

four. 

• "Sensor light 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 of dishes. 

one place setting of which is soiled with 

half of the gram weight of soils for each 

item specified in a single place setting 

according to AHAM DW-l. 

• "Sensor medium 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 of which are soiled. 

For compact dishwashers, this 

definition is the same, except that one 

soiled place setting is llsed instead of 

two. 

• "Truncated sensor heavy cycle" 

means the sensor heavy cycle 

interrupted to eliminate the power-dry 

feature after the termination of the last 

rinse operation. • "Truncated sensor light cycle" 

means the sensor light cycle interrupted 

to eliminate the power-dry feature after 

the termination of the last rinse 

operation. 

• "Truncated sensor medium cvc1e" means the sensor medium cvcle -

interrupted to eliminate the 'power-dry 

feature after the termination of the last 

rinse operation. 

D. New Test Procedure for Soil-Sensing 

Dish,voshers 

The introduction of dishwashers 

using soil-sensing technology prompted 

the need to revise the current test 

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 of laser-based sensors 

that is in development. The responses of 

these technologies vary, but in all cases. 

the soil-sensing dishwashers adjust the 

length andlor the severity of the 

washing cycle according to the amount 

of soil detected in the water. For 

example, if little or no soil is detected, 

a less severe wash cycle will be 

triggered; if a heavier soil load is 

detected. a more severe wash cycle will 

be triggered. The intent of the design is 

to use information to improve wash 

performance and reduce energy 

consumption when appropriate, 

However. when soil-sensing 

dishwashers are tested with the current 

test procedure, which uses only clean 

dishes, the absence of soil invariably 

triggers a less severe cycle. Thus, the 

energy factors obtained are very high 

and do not reflect a dishwasher's 

performance (and thus its energy usage) 

when a soiled load of dishes is present. 

This leads to confusion for consumers 

seeking' accurate measures of energy 

efficiency under normal use patterns; in 

fact, it leads to consumer decisions that 

are made based on demonstrably 

inaccurate information. 

The test procedure for soil-sensing 

machines must provide reliable data 

which reflect performance with a 

typical load of dishes. while at the same 

time not unduly increasing the test 

burden for manufacturers. Establishing 

parameters for a typical load of dishes 

and for normal use is difficult because 

of the complex algorithms designed by 

manufacturers to respond to different 

soil levels. These algorithms for wash 

sequences are based on sensor data. The 

test procedure which we proposed in 

the September 1999 NOPR, based on a 

concept developed by AHAM, 
EE-RM-TP-99-500 COMMENT 28B

56236 Federal Register/Vol. 67. No. 170lTuesday. September 3. 2002 I Proposed Rules 

attempted to average the energy 

consumed during both minimum and 

maxim urn wash cvcles. However. 

manufacturers ha~e since claimed that 

because of the 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 

of the flexibility of wash 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 used bv 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 of specified foods 

to assess the washing and drying ability 

of dishwashers. 

The AHAM performance testing 

procedures require the use of a standard 

test load of dishes. 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 of three runs on 

a dishwasher with a soiled load. set on 

the normal cycle. The quantity. brand. 

instruction for preparation. and order 

and location for the application of each 

soil used in the procedures are specified 

to maintain repeatability. A total of 13 

different soils are applied within a onehour period. followed by a two-hour 

drying period. 

Because the AHAM performance test 

was developed to be a heavy soil test 

that challenged dishwasher cleaning 

performance. it is not representative of 

soil loads introduced under typical 

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 

itself suitable for a final test procedure. 

Instead. and recognizing the difficulty 

in developing a test procedure that is 

repeatable and realistic. DOE sought to 

extract elements from this AHAM 

performance test. 

Before a test procedure could be 

drafted. it was necessary to gain an 

understanding of the different system 

responses of various soil-sensor models 

under soiled conditions. as well as 

research what amount of soil 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 analvzed the 

results of three available survevs. one of 

which. survey C, provided significantly 

more comprehensive data than the other 

two. The initial result of this analvsis 

was based on weighted averages ci'f the 

results of the three survevs. That 

approach led i\DL to recommend that a 

greater mass of soil on dishes be 

selected to represent the light. medium, 

and heavy soil levels than if sUl'vey C 

were used 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 of the 

analysis. ADL produced for DOE an 

addendum to its earlier report on March 

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 

primary basis for determining the 

portions of the AHAM DW-1 soil load 

that could be used 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 of actual soiled dish loads 

from participating households. The 

photographs of each soiled dish load 

were compared against a Likert scale 2 

and received Likert scale ratings that 

ranged from 2 to 10. The range of Likert 

scale ratings was divided into three soil 

levels-light. medium, and heavy. 

Likert scale ratings of 3. 6. and 10 were 

selected as representative of the light. 

medium, and heavv soil levels, 

respectively. The distribution of the 

Likert scale ratings showed that each of 

the selections-3. 6. and 10-

represented more than half of the data 

within each of the three soil levels. The 

selection of 10 as representative of the 

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 of lI10re 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 of photographic data. the 

bottom of the sGale was defined by assigning one 

of the photos showing the lowest level of soil as Ih. 

comparison point for a score of 1. Conversely. the 

top ofthp. scale was defined hy assigning one of the 

photos showing the highBst level of soil a. the 

comparison point for a score of 5. The scorp.s in 

between-2. 3. and 4-were definer! similarlv and 

represent increasing levr.ls of soil. -

the heavy soil leve], the Likert scale 

rating of 8 represented over 75 percent 

of the data. 

In the next step of the methodology 

from survey C. a minimum of 10 sets of 

photographs from each of the Likert 

scale ratings of 3.6. 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 of soiled 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 of this 

analysis. as listed in the ADL 

addendum, showed that a light soil 

level for standard dishwashers could be 

approximated by one-half of a 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 of soil 

levels is based on the best av~ilable 

information and therefore proposes that 

the energy test procedure load of dishes 

for standard soil-sensing dishwashers be 

defined according to AHAM DW-1 with 

eight place settings of dishes. serving 

pieces. and flatware, soiled per the light, 

medium, and heavy cycle definitions 

proposed in this 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 dish ware for testing. Both the 

standard and the addendum will be 

incorporated by reference in this 

proposed new test procedure rule. 

For compact dishwashers, the typical 

loading capacity is half of the loading 

capacity of standard dishwashers. 

Therefore. the Department proposes to 

base the test load for compact soilsensing dishwashers on a total of four 

AHA.M DW-l place settings. In 

addition, the soil load for the medium 

and heavy soil levels are reduced to half 

that of the soil load for standard 

dishwashers. proportional to its smaller 

capacity. However, the Department 

proposes to maintain the one-half place 

setting soil load to represent the light 

soil level because of the small amount 

of soil involved. Therefore. the soil load 
EE-RM-TP-99-500 COMMENT 28B

Federal Register/Vol. 67, No. 170/Tuesday, September 3, 2002/Proposed Rules 56237 

for the light soil level for compact 

dishwashers is approximated by onehalf of a single soiled AHAM DW-l 

place setting. achieved by applying half 

of the 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 

defin itions. 

The new test procedure requires that 

the machine wash cycle responses 

under each of these soil levels are then 

multiplied by weighting factors 

representing the frequency of use 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 of the three tests (j.e .. sensor heavy. 

sensor light. and sensor medium for . 

soil-sensing dishwashers) would be 

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 of the three energy 

consumption tests. according to the 

frequency with which light. medium. 

and heavy 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 of soil. 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 

of water 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 

and reliable data. DOE believes that the 

percentages used in the proposed rule 

represent the best possible 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 possible that 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 

emphasized the water and energy lost to 

pre-rinsing. and the need for public 

information to reduce this wasteful 

practice. If educational campaigns 

successfully decrease the 

preponderance of pre-rinsing, and the 

Department becomes aware of reliable 

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 of the proposed test procedure. 

But for now. our test procedure must be 

based on the best approximation of how 

dishwashers are currently used. 

The proposed test proced ure requires 

the use of both the type and quantity of 

detergent and rinse agent specified in 

AHAM DW-1. This requirement can be 

found in section 2.7 of the test 

procedure. The test procedure also 

specifies the order of the tests, requiring 

the test of the heavv cvcle to be 

conducted first. followed bv the test of 

the medium cycle. and finally the test 

of the light cycle. This order was chosen 

because the Department is aware that for 

some models. the cycle response may be 

influenced by the previous wash cycle 

used. For those machines. this order 

selection would capture any additional 

energy use. 

E. New Test Procedure for Standby 

PO,{;Fer 

The existing test procedure for 

dishwashers was designed to measure 

energy consumption only during the 

normal wash cycle. However. many 

dishwasher manufacturers have shifted 

from electro-mechanical controls to 

controls using transformers and 

microprocessors to provide more 

advanced features in their high end 

dishwasher models (e.g .• innovative 

soil-sensing control schemes and 

displays). Thus, the market is seeing an 

increased percentage of models which 

consume standby power. 

The energy consumption of standby 

power has gained additional attention 

through Executive Order 13221. "Energy 

Efficient Standbv Power Devices." 

issued July 31, 2'001 (66 FR 40571). 

which added standby power usage to 

Federal purchasing criteria for 

commercially available products. Since 

EPCA defines the estimated annual 

operating cost (EAOC) of a covered 

product as "the aggregate retail cost of 

the energy which is likely to be 

consumed annually * * * in 

representative use 'of a consumer 

product." EPCA section 321(7). 42 

U.S.c. 6291(7). the Department proposes 

to require that the measurement of 

standby power consumption for 

dishwashers be included in the EAOC. 

Additionally. standby power would be 

included in the estimated annual energy 

use (K\EU) calculations. a reporting 

value used in calculating the EAOC. It 

would not at this time. however. be 

included in the energy factor. since the 

energy factor has traditionally measured· 

only the amount of energy consumed 

during the running of the test wash 

cyele(s). From the data that we have 

initially seen. we believe the amount of 

standby power use to be a small 

percentage of overall dishwasher energy 

use (probably between one and five 

percent). However, we will collect data 

on dishwasher standby power 

consumption in order to 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 and the dishwasher set to the 

standby mode. The standby energy 

consumption must be measured over an 

interval of at least five minutes. The 

resulting value for average power in 

watts in the standbv mode; S"" is then 

multiplied by the n"ominal number of 

standby hours and divided by 1000 to 

obtain the units of kilowatt-hours. The 

nominal value for the number of 

standby hours was obtained as follows: 

First calculate the total number of 

hours per year. H. taking into account 

leap years. 

H = (365.25 days/year x 24 hours/day) 

= 8766 hours/year 

Then calculate the number of standbv 

hours per year. based on the normal! J 

sensor medium cvele duration where L 

is defined as the duration of the normal 

cvcle in hours or fractions of an hour for 

t~sts of non soil-sensing dishwashers or 

the duration of the sensor medium cvcle 

for tests of soil-sensing dishwashers'-

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

With these inputs. the calculation for 

annual standby power use. S. is 

completed using 

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 dishwasher use = 215 

cycles per year as discussed in 

section B of this notice. and 

Dc is the price of electricity in dollars 

per kWh. 

This modification will give 

consumers a more complete estimate of 

their annual energy costs. 

F. Instrumentation Requirements 

As a result of the proposed changes 

set forth in this NOPR. there would be 
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56238 Federal Register/Vol. 67. No. 170/Tuesday, September 3. 2002 /Proposed Rules 

requirements for additional 

instrumentation used in the test 

procedure. These new requirements 

would include an additional watt or 

watt-hour meter for measuring standby 

power and a timer for measuring the 

duration of the cycle. The specifications 

for each of these instruments are listed 

below. 

3.2 Timer. Time measurements for each 

monitoring period shall be accurate to within 

2 seconds. 

3.5 Standby powAr meier. The watt/watthour meter must have a resolution of 0.1 watt 

or less at 1.0 walt actual power consumption 

and accumulat8 into watt-hours at a 

minimum power level of 20 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 of not 

less than five at RMS currents of two amps 

or less. 

In addition. we propose modifyirig the 

wording of the 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 better approximate most 

manufacturers' installation instructions 

and also adds a range 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 opera Ie with an 

AIActrir:ol supply of 120 volts. Maintain the 

'Jlectrical supply to the dishwasher at no less 

than 120 volts ± 2% and within one percent 

of the nameplate frequency as specified by 

the manufacturer. 

2.2.2 Dishwashers that operate loFilh an 

electrical supply of 2,/-0 volts. Maintain the 

electrical supply to the dishwasher at 240 

volts ± 2u

l<, and within one perr.ent of its 

nameplate frequency as specified by the 

manufacturer. 

G. Impact of Test Procedure Revisions 

Section 323(e) of EPCA requires that 

the Department. in a rulemaking. 

determine to what extent. if any. a 

proposed test procedure will aiter the 

energy efficiency or energy use of any 

covered product as measured under the 

existing test proced ure. If DOE 

determines that an amended test 

procedure would alter the energy 

efficiency or energy use of a covered 

product as measured, DOE is required to 

measure the energy efficiency or energy 

use of representative samples of covered 

products which minimally comply with 

the existing standard. The average 

efficiency of these representative 

samples. tested using the amended test 

procedure. will constitute the amended 

standard (42 U.S.c. 6293(e)(2)). This 

statutory provision is designed to 

prevent alteration of an 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 under the existing test 

procedure will not be out of compliance 

because the test procedure has been 

amended. 

In this NOPR. the primary revisions to 

the dishwasher test procedure are the 

inclusion of new measurements of 

standby power. the reduction in annual 

cvcles of use, and the addition of a new 

soil-based test method for soil-sensing 

dishwashers. The addition of standby 

power measurements will not affect the 

compliance of any 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 

descriptor that measures the energy 

efficiency for dishwashers in tests of the 

normal cycle. Instead. standby power 

consumption is only included in the 

EAOC and in the EAEU. These two 

values do not have an impact on model 

compliance with the currentlv-effective 

minimum energy standard for either 

non soil-sensing or soil-sensing models. 

Similarly. annual cycles of use are used 

to calculate EAOC and EAEU and are 

not included in energy factor. 

Accordingly. these two changes in the 

proposed test procedure do not alter 

either the energy efficiency or energy 

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. 

The third change. the new soil-based 

test method. will only be used for 

testing soil-sensing machines. Because 

non soil-sensing machines will still be 

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. at this time. 

under the existing test procedure, many 

soil-sensing dishwashers have been 

labeled Energy Star products and we expect that they will continue to be in 

compliance with the current standard 

when tested under the proposed test 

procedure. 

However, stakeholders have agreed 

that the existing test procedure cannot 

accurately test dishwasher models with 

the SOil-sensing technology. In fact. 

under the existing test procedure. soilsensing models show results that are 

overrated. that is. thev inaccuratelv 

show higher energy factors than they 

would if tested with a soil load. For this 

reason. the parties have diligently 

worked together to design a new test 

procedure that can specifically measure 

the results of dishwashers with this 

particular technology. 

Under section 323(e) of EPCA-. the 

Department is reqUired to amend the 

applicable energy conservation standard 

in certain circumstances. As set forth in 

section 323(e) of EPCA. DOE will use 

the amended test procedure set forth in 

this NOPR to test a representative 

sample of soil-sensing models that are 

identified as minimally compliant witll 

the existing energy conservation 

standard. Subsequent to the testing. the 

Department will make such test results 

available for comment. If the results of 

such testing demonstrate that certain 

models will become noncompliant due 

to the amended test procedure. the 

average efficiency of the representative 

sample tested using the amended test 

procedure will constitute the amended 

standard for those models. In order to 

perform this analysis. the Department 

requests that manufacturers 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 the results from testing 

under the 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 of section 323(c)(2) of 

EPCA would impose undue hardship. 

The Department has the responsibility 

to ensure that these covered products 

are accurately rated and that 

manufacturers are in compliance with 

the energy conservation standard. Due 

to the unusual circumstances 

concerning the testing of dishwashers. 

DOE plans at some future time to 

require manufacturers to produce 

reports concerning the testing of soilsensing models pursuant to the 
EE-RM-TP-99-500 COMMENT 28B

Federal Register/Vol. 67, No. 170/Tuesday, September 3, 2002!Proposed Rules 56239 

amended test procedure. The 

Department has the authority to request 

such reports pursuant to 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 of DOE's future 

request and how DOE can minimize the 

burden on manufacturers. 

The Secretary of Energy has approved 

issuance of this NOPR. 

III. Procedural Requirements 

A. Review Under the National 

Environmental Policy Act of 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 of the 

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). The Department 

has determined that this rule falls into 

a class of actions that are categorically 

excluded from review under NEPA. 

This rule will not affect the quality or 

distribution of energy usage and. 

therefore. will not result in any 

environmental impacts. The Department 

has therefore determined that 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 A to 

Subpart D. 10 CFR part 1021. 

Accordingly. neither an environmental 

impact statement nor an environmental 

assessment is required. 

B. Review Under Executive Order 12866, 

"Regulatory Planning and Rev'iew" 

This regulatory proposal is not a 

"significant regulatory action" as 

defined in section 3(f) of Executive 

Order 12866. "Regulatory Planning and 

Review" 58 FR 51735 (October 4.1993). 

Accordingly. the proposed action is not 

subject to review under the Executive 

Order by the Office of Information and 

Regulatory Affairs (OIRA). Office of 

Management and Budget. 

C. Review Under Executive Order 13211, 

."Action Concerning Regulations That 

Significantly Affect Energy Supply. 

Distribution or Use" 

Executive Order 13211. "Actions 

Concerning Regulations That 

Significantly i'>.ffect Energy Supply. 

Distribution, or Use." 66 FR 28355 (Mav 

22.2001), requires Federal agencies to -

prepare and submit to OIRA a Statement 

of Energy 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 

of energy; or (3) is designated by the 

Administrator of OIRA as a significant 

energy action. For any proposed 

significant energy action. the agency 

must give a detailed statement of any 

adverse effects on energy supply, -

distribution, or use should the proposal 

be implemented, and of reasonable 

alternatives to the action and their 

expected benefits on energy supply, 

distribution. and use. 

Today's pwposed rule will not have 

a significant adverse effect on the 

supply. distribution. or use of energy, 

and. therefore. is not a significant 

energy action. Accordingly. DOE has not 

prepared a Statement of Energy Effects. 

D. Relfiew Under the Regulatory 

Flexibility Act 

The Regulatory Flexibility Act. 5 

U.S.C. 601-612. requires that an agency 

prepare an initial regulatory flexibility 

analvsis for anv rule. for which a 

gene-ral notice ~f proposed rulemaking 

is required. that would have a 

significant economic effect on small 

entities unless the agency certifies that 

the proposed rule, if promulgated, will 

not have a significant economic impact 

on a substantial number of small 

entities. 5 U.S.C. 605. 

This proposed rule prescribes test 

procedures that will be used to test 

compliance with energy conservation 

standards and labeling. The proposed 

rule affects dishwasher test procedures 

and would not have a significant 

economic impact. but rather would 

provide common testing methods. 

Therefore DOE certifies that the 

proposed rule would not have a 

"significant economic impact on a 

substantial number of small entities." 

and the preparation of a regulatory 

nexibility analysis is not warranted. 

E. Review Under ExecutiFe Order 13132, 

"Federalism .. 

Executive Order 13132. "Federalism." 

(64 FR 43255, .'\ugust 4. 1999). requires 

that regulations. 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 of power and 

responsibilities among various levels of 

government. If there are substantial 

direct effects, then this Executive Order 

requires preparation of a 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 of a 

Federalism assessment is unnecessary. 

F. Review Under Executive Order 12630, 

"Governmental Actions and 

Interference With Constitutionally 

Protected Property Rights" 

DOE has determined pursuant to 

Executive Order 12630. "Governmental 

Actions and Interference wi tIl 

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 

Reduction Act 

No new information or record keeping 

requirements are imposed by this 

rulemaking. Accordingly, no OMB 

clearance is required under the 

Paperwork Reduction Act. 44 U.S.c. 

3501 et seq. 

H. Review Under Executive Order 

12988, "Civil Justice Reform" 

With respect to the review of existing 

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 agencies the 

general duty to adhere to the following 

requirements: (1) Eliminate drafting 

errors and ambiguity; (2) write 

regulations to minimize litigation; 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) of the Executive Order. Executive 

agencies must make every reasonable 

effort to ensure that the regulation: (1) 

Clearly specifies the preemptive effect. 

if any; (2) clearly specifies any effect on 
EE-RM-TP-99-500 COMMENT 28B

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, if any; (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) of the Executive Order requires 

agencies to review regulations in light of 

applicable standards in sections 3(a) 

and 3(b) to determine whether they are 

met or it is unreasonable to meet one or 

more of them. 

DOE reviewed today's proposed rule 

under the standards of section 3 of the 

Executive Order and determined that, to 

the extent permitted by law. the 

proposed regulations meet the 

requirements of those standards. 

I. Review Under Section 32 of the 

Federal Energy Administration Act of 

1974 

Under section 301 of the Department 

of Energy Organization Act (Pub. L. 95-

91), the Department of Energy must 

comply with section 32 of the 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 of commercial 

standards. the notice of proposed 

rulemaking must inform the public of 

the use and background of such 

standards. 

The rule proposed in this notice 

incorporates one commercial standard, 

"ANSIIAHAM DW-1-1992, and the 

August 20.1999 ;':\ddendum to 

Appendix A of AHAM DW-1-1992." 

The standard specifies the type and 

quantity of foods that will be used to 

soil place settings of dishes in this test 

procedure. The addendum provides 

more details regarding a source of 

acceptable dishware for testing. The 

Department has evaluated this standard 

and is unable to conclude whether it 

fully complies with the requirements of 

section 32(b) of the 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 of the 

Federal Energy Administration Act, the 

Department will consult with the 

Attorney General and the Chairman of 

the Federal Trade Commission 

concerning the impact of this standard 

on competition. prior to prescribing a 

final rule. 

f. Review Under the Unfunded 

l'l-fandates Reform Act of 1995 

Section 202 of the Unfunded 

Mandates Reform Act of 1995 

("Unfunded Mandates Act") requires 

that the Department prepare a budgetary 

impact statement before promulgating a 

rule that includes a Federal mandate 

that may result in expenditure by state, 

local, and tribal governments, in the 

aggregate. or by the private sector. of 

$100 million or more in anyone vear. 

The budgetary impact state"ment ~ust 

include: (i) Identification of the Federal 

law under which the rule is 

promulgated; (ii) a qualitative and 

quantitative assessment of anticipated 

costs and benefits of the Federal 

mandate and an anaJvsis of the extent to 

which such costs to ;tate, local. and 

tribal governments may be paid with 

Federal financial assistance; (iii) if 

feasible. estimates of the future 

compliance costs and of any 

disproportionate budgetary effects the 

mandate has on particular regions, 

communities, non-Federal units of 

government. or sectors of the economy; 

(iv) if feasible, estimates of the effect on 

the national economy; and (v) a 

description of the D~partment's prior 

consultation with elected 

representatives of state, local, and tribal 

governments and a summary and 

evaluation ofthe comments and 

concerns presented. . The Department 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 of Sections 203 and 204 of 

the Unfunded Mandates Act do not 

apply to this action. 

K. Review Under the Treasury and 

General Government Appropriations 

Act, 1999 

Section 654 of the 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 on the 

autonomy or integrity of the family as 

an institution. Accordingly, DOE has 

concluded that it is not necessary to 

prepare a Family Policymaking 

Assessment. 

IV. Public Comment 

A. Attendance at Public Hearing 

You will find the time and place of a 

public hearing listed at the beginning of 

this notice of proposed 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 subject to advance 

security screening procedures. If you are 

a foreign national and wish to 

participate in the meeting, please inform 

DOE of this fact as soon as possible by 

contacting Ms. Brenda Edwards-Jones so 

that the necessary procedures can be 

completed. 

B. Procedure for Submitting Requests to 

Speak 

We invite any person who has an 

interest in today's notice. or who is a 

representative of a group or class 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 the beginning of this notice 

of proposed ruJemaking between the 

hours of 8 a.m. and 4 p.m., Monday 

through Friday, except Federal holidays. 

You may also send them 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 of a group or ciass 

of persons. is an appropriate 

spokesperson, briefly describe the . 

nature of the interest in this rulemaking, 

and provide a telephone number for 

contact. We request each person 

selected to be heard to submit an 

advance copy of his or her statement no 

later than Tuesdav. October 8,2002. At 

our discretion. we may permit any 

person who cannot do this to participate 

if that person has made alternative 

arrangements with the 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 the hearing 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 of EPCA 

and a court reporter will be present to 

record the transcript of the proceedings. 

We reserve the right to schedule the 

presentations by hearing participants. 

and to establish the procedures 

governing the conduct of the hearing. 

Following the hearing, we will provide 

an additional comment period. during 

which interested parties will have an 
EE-RM-TP-99-500 COMMENT 28B

Federal 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 of the rulemaking. 

The hearing 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 

participant to make a prepared general 

statement, (with time limit as 

determined by DOE), prior to the 

discussion of specific topics. DOE will 

permit other participants to comment 

briefly on anv "eneral statements. 

At the end-of all 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 other participants 

concerning these issues. DOE 

representatives may also ask questions 

of participants 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 

of the above procedures, needed for the 

proper conduct of the hearing. 

We will make the entire record of this 

proposed rulemaking, including the 

transcript from the hearing, available for 

inspection in DOE's Freedom of 

Information Reading Room. i\ny person 

may purchase a copy of the transcript 

from the transcribing reporter. 

D. Issues on Which Comments Are 

Requested 

The Department of Energy is 

interested in receiving comments and/or 

data concerning the feasibility, 

workability. and appropriateness of the 

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 of soil 

representing typical dish loads; 

(3) Improving the repeatability of soil 

tests and minimizing test burden; 

(4) The average number of dishwasher 

cycles consumers run each year; 

(5) Any soil-sensing dishwashers 

adversely affected by 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 

caleu lations; 

(7) Suggestions concerning the 

appropriate time frame and ways the 

Department can minimize the burden on 

manufacturers when it requests reports 

pursuant to EPCA .. section 326 (d)(l) 

relating to the testing of soil-sensing 

models under the new test procedure; 

(8) Comments on whether the 

tolerance for the voltage specifications 

are attainable without undue burden, or 

whether thev should be modified; and 

(9) Possibre alternatives to the 

definition of standby 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 and the energy saving 

opportunities of greater utilization of 

dishwashers. without pre-rinsing 

dishes. 

(2) Supporting industry efforts 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 of Subjects in 10 CFR Part 430 

Administrative practice and 

procedure. Energy conservation, 

Household appliances. Incorporation by 

reference. 

Issued in Washington. DC. on August 27. 

2002. 

David K. Garman, 

Assistant Secretary. Energy Efficiency and 

Renewable Energy. 

For the reasons set forth in the 

preamble. the Department proposes to 

amend Part 430 of Chapter II of Title 10. 

Code of Federal Regulations. as follows: 

PART 430-ENERGY CONSERVATION 

PROGRAM FOR CONSUMER 

PRODUCTS 

1. The authority citation for part 430 

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 of Home Appliance 

Manufacturers, 1111 19th Street, NW, 

Suite 402, Washington. DC 20036, (202) 

872-5955. "American National 

Standard. Household Electric 

Dishwashers, ANSI/AHAM DW-l1992" and the August 20.1999 

"Addendum to Appendix A of AHAM 

DW-1-1992," hereinafter collectivelv 

referred to as AHAM DW -1. J 

* * * * 

3. Section 430.23 of subpart B is 

amended by revising paragraph (c) to 

read as follows: 

§ 430.23 Test procedures for the 

measurement of energy 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 of Appendix 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 

of electrical energy in dollars per 

kilowatt-hour as provided by the 

Secretary, 

S = the annual standby electrical energy 

in kilowatt-hours per year and 

determined according to section 5.5 

of Appendix C to this subpart. 

N = the representative average 

dishwasher use of 215 cycles per 

year, 

M = the machine electrical energy 

consumption per-cycle for the 

normal cycle as defined in section 

1.6 of Appendix C to this subpart. 

in kilowatt-hours and determined 

according to section 5.1 of 

Appendix C to this subpart. 

ED = the energy consumed after the 

normal cycle is interrupted to 

eliminate the power dry feature 

after the termination of the last 

rinse option. 

(iO 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 of Appendix C to this 

subpart. 

EAOC = (Dc x S) + (Dc x N x (M - (E D/ 

2)) + (Dc x N x W) 

(B) For dishwashers not having a 

truncated normal cycle. 
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56242 Federal Register / Vol. 67. No. 170 I Tuesday. 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) of this section. 

and 

W = the total water energy consumption 

per cycle for the normal cycle as 

defined in section 1.6 of Appendix 

C to this subpart. in kilowatt-hours 

per cycle and determined according 

to section 5.3 of A.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 of Appendix C to this 

subpart. 

EAOC~ = (Dc x S) + (DC' x N x (M - (Eo/ 

2)) + (lJ. x N x Wu) 

(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) of this section, 

Dg = the representative average unit cost 

in dollars per Btu for gas or oil. as 

appropriate, as provided by the 

Secretary. and 

W Ii- = the total water energy 

consulIljJlion per cycle for the 

normal cycle as defined in section 

1.6 of Ap-pendix C to 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 of Appendix C to 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) of this 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 of Appendix 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) of this section. and W 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 

of Apperl'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) of this 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 of energy 

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 C to Subpart B of Part 

430 is revised to read as follows: 

Appendix C to Subpart B of Part 430-

Uniform Test Method for w!easuring the 

Energy Consumption of Dishwashers 

1. Definitions: 

1.1 "AHAM" means the Association of 

Home Appliance Manufacturers. 

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 varia tions or combinations of 

washing, rinsing, and drying. 

1.4 ·'C.,..cle type" means any complete 

sequence of operations capable of being 

preset on the dishwasher prior to the 

initiation of machine operation. 

1.5 "Non soil-sensing dishwasher" means a dishwasher that does not have the abilitv 

to adjust automatically any energy·· 

consuming aspect of a wash cycle based on 

the soil load of the dishes. 

1.6 "Normal cycle" means the cycle type 

recommended by the manufacturer for 

completely washing a full load of normally 

soiled dishes including the power-dry 

feature. 

1.7 "Power-dry feature" means the 

introduction of electrically generated heat 

into the washing chamber for the purpose of 

improving the drying performance of the 

dishwasher. 

1.8 "Preconditioning cycle" means any 

cycle that includes a fill, circulation, and 

drain to ensure that the water lines and sump area of the pump are primed. 

1.9 "Sensor heavy cycle" means, for 

standard dishwashers. the set of operations 

in a SOil-sensing dishwasher that constitutes 

the response for completely washing a load 

of dishes, four place settings of which are 

soiled. For compact dishwashers. this 

definition is the same, except that two soiled 

place settings are used instead of four. 

1.10 "Sensor light cycle" means, for both 

standard and compact dishwashers. the set of 

operations in a soil-sensing dish washer that 

constitutes the response for completely 

washing a load of dishes. one place setting 

of which is soiled with half of the gram 

weight of soils for each item specified in a 

single place setting according to AHAM DW1. 

1.11 "Sensor medium cl1cle" 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 of which are soiled. For compact dishwashers, this 

definition is the same, except that one soiled 

place setting is used instead of two. 

1.12 "Soil-sensing dishwasher" means a 

dishwasher that has the ability to adjust 

automatically any energy consuming aspect 

of a wash cycle based on the soil load of the 

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 of lhe 

last rinse operation. 

1.16 "Truncated sensor heavy 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 sensor light rvcJe" 

means the sensor light cycle interrupted to 

eliminate the power-dry feature after the 

termination of the last rinse operation. 

1.18 "Truncated sensor medium cvcle" 

means the sensor medium cycle interrupted 

to eliminate the power-dry feature after the 

termination of the 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 of these inlet water temperatures by 

providing internal water heating to above 120 

OF in at least one wash phase of the normal 

cycle. 

- 2. Testing conditions: 

2.1 Installation Requirement<;. Install the 

dishwasher acc:ording to the manufacturer's 

instructions. A standard or compact undercounter or under-sink dishwasher must be 

tested in a rectangular enclosure r:ol1strnc:terJ 

of nominal 0.374 inch (9.5 mm) plywood 

painted black. The enclosure must consist of 

a top, a bottom. a back, and two sides. If the 

dishwasher includes a counter top as part of 

the appliance. omit the top of the enclosure. 

Bring the enclosure into the closest contact 

with the appliance that the c:onfiguratiol1 of 

the dishwasher will allow. 
EE-RM-TP-99-500 COMMENT 28B

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

2.2 Electrical energy supply. 

2.2.1 Dishll'asher,~ that operate with an 

electrical supply of 120 volts. Maintain the 

electrical supply to the dishwasher at 120 

volts ± 2% and within one percent of the 

nameplate frequency as specified by the 

manufacturer. 

2.2.2 Dishwashers that operate with an 

electrical supply of 240 voll.~. Maintain the 

electrical supply to the dishwasheT at 240 

volts ± 2% and within one percent of its 

nameplate frequency as specified by the 

manufacturer. 

2.3 Water temperatlIre. 1vleasure the 

tempeTature of the water supplied to the 

dishwasheT using a temperature measuring 

device as specified in sf1ction 3,1 of this 

Appendix. 

2.3.1 Dishwashers /0 be tested at a 

nominal 1 .. 0 OF inlet 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 

nominal 50 OF inlet water temperature. 

Maintain the water supply temperature at 50 

±2 OF. 

2.4 vVater pressure. Using a wateT 

pressure gauge as specified in section 3.3 of 

this Appendix, maintain the pressure of the 

water supply at 35 ± 2.5 pounds per squaTe 

inch gauge fpsig) when the water is flowing. 

2.5 Ambient and machine tempemture. 

Using a tempeTature measuring device as 

specified in section 3.1 of this 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 of each fest cvcle. 

2.6 Test C\lcle and L;ad. 

2.6.1 Non -soil-sensing dishwashers to be 

tested at a nominal inlet temperature of 140 

OF. These units must be tested on the normal 

cycle without a test load if the dishwashf!T 

d-oes not heat water in the normal cvcle. 

2.6.2 Non soil-sensing dishwashers to be 

tested at a nominal inlet temperature of.50 

OF or 120 OF. These units must be tested on 

the normal cycle witl1 a clean lmid of eight 

place settings plus six serving pieces. as 

specified in AHAM DW-l. If the 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 a nominal inlet temperature af 50 

OF, 120 OF. or 140 OF. These units must be 

first tested on the sensor heavy cycle. then 

tested on sensor medium cycle. and finally 

on the sensor light cycle with the following 

combinations of soiled and clean test loads. 

2.6.3.1 For tests of the sensor heavy cycle. 

as defined in section 1.9: - -

fA) For standard dishwasheTs. the test unit 

is to be loaeled with a total of eight AHAM 

DW-l place settings plus six serving pieces. 

Four of the 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 loaded with 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 of the sensor medium 

cycle. as defined in section 1.11: 

(i'.) For standard dishwashers, the test unit 

is to be loaded with a total of eight AHAM 

DW-1 place settings plus six serving pieces. 

Two of the 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 of the sensor light cycle. 

as defined in section 1.10: 

C .... ) For standard dishwashers, the test unit 

is to be loaded with a total of eight , .... H.\M 

DW-1 place settings phIS six serving pieces. 

One place setting must be soiled with half of 

the soil load specified for a single 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 half of the 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 and rinse 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 dishwasher by establishing 

the testing conditions set forth in sections 2.1 

through 2.5 of this Appendix. Set the 

dishwasher to the preconditioning cycle as 

defined in section 1.8 of tilis Appendix. 

without using a test load, and initiate the 

cycle. 

3. Instrumentation: Test instruments must 

be calibrated ann uall v. 

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 Water meter. The water meter must 

have a resolution of no 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 per minute and for all water 

temperatures encountered ill the test cycle. 

3.3 Water pressure gauge. The water 

pressure gauge must have a resolution of one 

pound per square inch [psi) and must have 

an error no greater than 5 percent of any 

measured value over the range of 35 ± 2.5 

psig. 

3.4 Watt-hour meter. The Watt-hour 

meter must have a resolution of 1 watt-hour 

or less and a maximum error of no mOTe than 

1 percent ofthe measured value for any 

demand greater than 50 WHttS. 

3.5 Standby power meter. The watt/watthour meter must have a resolution of 0.1 watt 

or less at 1.0 watt actual power consumption 

and accumulate into watt-hours at a 

minimum power level of 20 milliwatts. The 

watt/watt-hour meter must 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. Power measurement 

instruments shall have a crest factor of not 

less than five at R1vfS currents of two 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 of this 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 of this Appendix and 

using a walt-hour meter as specified in 

section 3.4 of this .A.ppendix. 

4.3 Water consumption. Measure thtl 

water consumption, V. speciIJed as the 

number of gallons delivered to the 

dishwasher during the entire test cycle, llsing 

a water meter as specified in section 3.2 of 

this Appendix. 

4 .... - Standby power. 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 of this 

,'\ppendix. Monitor the power consumption 

but allow the dishwasher to stabilize for not 

less than 5 minutes. Commence energy 

consumption readings for a period of not 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 of energy measurement and the total 

energy consumed in watt-hours over that 

time period. Calculate the average standby 

power, Sm. expressed in watts by dividing the 

measured energy consumption by the 

duration of the measurement. 

5. CalclIlation of derived reslIlts from fest 

measurements: 

5.1 Machine energy conslImption. 

5.1.1 Machine energy conslImption for 

non soil-sensing electric dishwashers. Take 

the value recorded in section 4.2 of this 

Appendix as the per-cycle machine electrical 

energy consumption. Express the value, M. in 

kilowatt-holll's per cycle. 

5.1.2 Machine energy consumption for 

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 of this 

Appendix for the test of the sensor heavy 
EE-RM-TP-99-500 COMMENT 28B

56244 Federal Register IVaI. 67, No. 170/Tuesday, September 3, 2002/Proposed Rules 

cycle, expressed in kilowatt-hours per 

cvcle. 

Mmc ;; the value recorded in section 4.2 of 

this Appendix for the test of the sensor 

medium cycle, expressed in kilowatthours per cycle. 

MJc = the value recorded in section 4.2 of this 

Appendix for the test of the sensor light 

cycle, expressed in kilowatt-hours per 

cvcle. 

Fhc = the weighting factor based on consumer 

use of heavy 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 of light cycles = 0.62. 

5.2 Water consumption. 

5.2.1 Woter consumption for non soilsensing dishwashers using electrically 

heated. gas-heated. or oil-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 consumption Jar 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 of this 

Appendix for the test of the sensor heavy 

cycle. expressed in gallons pDr cycle. 

Vmc = the value recorded in section 4.3 of this 

ADDendix for the test of the sensor 

m~dium cycle, expressed in gallons per 

cvclt1. 

Vie =the value recorded in section 4.:1 of lhis 

Appendix fDr the test of the sensor light 

cycle. expressed in gallons per cycle. 

Fhc =the weigh ling factor based on r.onsumer 

use of heavy cycles = 0.05. 

Fmc = the weighting factor based on consumer 

use of medium cycles = 0.33. 

Fie = the weighting fa-clDr based Dn consumer 

llse Df light cycles = 0.62. 

5.3 I·Fater energy consumption for non 

.~oil-sensing or soil-sensing dishwashers using 

electrically heated 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 

per cycle 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 temperature rise = 

90 OF. 

K = specific heat of water 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 Df water in kilDwatt-hours 

per gallon per degree Fahrenheit = 

0.0024. 

5.4 Water energy consumption per cycle 

u3ing gas-heated or oil-heated water. 

5.4.1 Dishwashers that operate with a 

nominal 140 OF inlet 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 of water 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 

nominal inlet water temperature of 120 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 of this 

Appendix. 

T = nominal water heater temperature rise = 

70 OF. 

C = specific heat of water in btu's per gallon 

per degree Fahrenheit = 8.2, 

e = nominal gas or oil water heater recovery 

efficiency = 0.75. 

5.5. Annual standby energy consumption. 

Calculate the estimated annual standby 

energy consumption. First determine the 

number of standby hours per year, K. 

defined as: 

H. = H - (215 cycles/year xL). 

where, 

L = the duration of the nOlmal cycle for tests 

of non soil-sensing dishwashers or the 

duration of the sensor medium cycle for 

tests of soil-sensing dishwashers: and 

H = the total number of hOllrs per year = 8766 

hours per year. 

Then calculate the estimated annual 

standby power use, S. expressed in kilowatthours per year and defined as: 

S = Sm x ((K)/1000) 

where, 

Sm = the average standby power in watts as 

measured in section 4.4 of this 

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 of notice of public 

hearing on proposed ruJemaki ng. 

SUMMARY: This document provides 

notice of cancellation of a public 

hearing on proposed regulations under 

section 954 of the 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 Chief Counsel (Income Tax 

and Accounting). (202) ti22-7HlO (not a 

toll-free number). 

SUPPLEMENTARY INFORMATION: A notice 

of proposed 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., in room 4718, 

Internal Revenue Service Building, 1111 

Constitution Avenue. NW., Washington, 

DC. The subject ofthe public hearing is 

proposed regulations under section 954 

of the Internal Revenue Code. The 

public comment period for these 

proposed regulations expired on J'\ugust 

21,2002. 

The notice of proposed rulemaking 

and notice of public hearing, instructed 

those interested in testifying at the 

public hearing to submit a request to 

speak and an outline of the topics to be 

addressed. As of August 27, 2002. no 

one has requested to speak. Therefore, 

the public hearing scheduled for 

September 11. 2002, is cancelled. 

Cynthia E. Grigsby, 

Chief, Regulations Unit. Associate Chief 

Counsel (Income Tax and Accounting). 

[FR Doc. 02-2237i Filed 8-30-02: 8:45 aml 

BILLING CODE 4830-01--P