a

Thursday

March 3, 1983

Part IV

Department of

Energy

Office of Conservation and Renewable

Energy

Energy Conservation Program for

Consumer Products Test Procedures for

Dishwashers; Final Rule

CE-RM-82-130 COMMENT 02

Thursday 

March 3, 1983 

Part IV 

Department of 

Energy 

Office of Con~ervation and Renewable 

Energy 

Energy Conservation Program for 

Consumer Products Test Procedures for 

Dishwashers; Final Rule 
9202 Federal Register / Vol. 48, No. 43 / Thursday, March 3, 1983 / Rules and Regulations

DEPARTMENT OF ENERGY

Office of Conservation and Renewable

Energy

10 CFR Part 430

[Docket No. CELRM-82-130].

Conservation Act as amended by

NECPA.

Section 323 of the Act requires that

standard methods of testing be

prescribed for covered products. Test

procedures appear at 10 CFR Part 430.

Subpart B. Test procedures for

dishwashers were prescribed on August

Energy Conservation Program for 3, 1977 (42 FR 39964, August 8, 1977).

Consumer Products; Test Procedures Dishwashers are generally designed to

for Dishwashers operate with 140°F inlet water. The

AGENCY: Office of Conservation and 140°F inlet water is generally

Renewable Energy, DOE. recommended by dishwasher detergent

manufacturers to ensure good cleaning

ACTtor:: Final rule. performance by their products. The test

SUMMARY: The Department of Energy

hereby amends its test procedures for

dishwashers in order to accurately

deteniiae the estimated annual

Opel dLir. cost and the energy factor for

dish . s `:ers that operate with 120°F

inlet water and to revise the

representative average-use cycle to

reflect current consumer use. These test

procedures are a part of the energy

conservation program for consumer

products established pursuant to the

Energy Policy and Conservation Act.

Among other program elements, the

legislation requires that standard

methods of testing be prescribed for

covered products.

EFFECTIVE DATE: April 4, 1983.

FOR FURTHER INFORMATION CONTACT:

Michael J. McCabe, U.S. Department of

Energy, Office of Conservation and

Renewable Energy, Forrestal Building,

Mail Station CE-113.1, 1000

Independence Avenue, S.W.,

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

9127; or

Eugene Margolis, Esq., U.S. Department

of Energy, Office of General Counsel,

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

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

9510.

SUPPLEMENTARY INFORMATION:

A. Background

On October 1, 1977, the Department of

Energy (DOE) assumed the authority of

the Federal Energy Administration

(FEA) for the energy conservation

program for consumer products, under

Section 301 of the Department of Energy

Organization Act (DOE Act) (Pub. L. 95-

91). The energy conservation program

for consumer products was established

by FEA pursuant to Title III, Part B of

the Energy Policy and Conservation Act

k

(Act) (Pub. L. 94-163). Subsequently, the

Act was amended by the National

Energy Conservation Policy Act

(NECPA) (Pub. L. 95-619). References in

is notice to "the Act," or to sections of

.te Act, refer to the Energy Policy and

procedures prescribed by DOE are

based on dishwashers using 140°F inlet

water. Three manufacturers, who make

"water heating" dishwashers, i.e.,

dishwashers that use 120°F inlet water,

requested DOE to exclude these

dishwashers from the prescribed test

procedures. The Hobart Corporation

(Hobart) filed an application for

exception with the DOE Office of

Hearings and Appeals (OHA) on

September 5,1979 for its Model KD-19

dishwasher. OHA granted an exception

to Hobart on February 26, 1980. Norris

Industries (Norris) applied to the

Assistant Secretary for Conservation

and Renewable Energy for a test waiver

on November 5,1980.1 The Secretary

granted the waiver for Norris' LER

series dishwasher (46 FR 35719, July 10,

1981). The General Electric Company

(GE) applied for a test waiver for its "T"

series dishwasher which uses 120°F inlet

water. The Secretary granted a waiver

to GE for its "T" series dishwasher on

May 28, 1982 (47 FR 23543).

As a result of the petitions from

Hobart, Norris, and GE, DOE directed

the National Bureau of Standards (NBS)

to investigate the manufacturers' claims

that the prescribed test procedures do

not properly determine the energy

consumption for water heating

dishwashers which use 120°F inlet

water. NBS has provided its

recommendations to DOE. These

recommendations are discussed later in

this document.

In a separate action unrelated to the

petitions discussed above, the

Association of Home Appliance

'DOE amended the energy conservation program

for consumer products by notice issued September

18, 1980 (45 FR 64108, September 28, 1980) to that

the Assistant Secretary for Conservation and

Renewable Energy can temporarily waive test

procedure requirements for a particular covered

product. Waivers may be granted when design

characteristics for the particular product either

prevent testing of the product according to

prescribed test procedures, or lead to results so

unrepresentative of the product's true energy

consumption characteristics as to provide

materially inaccurate comparative data to

consumers.

Manufacturers (AHAM) and the Procter

and Gamble Company (P&G) presented

"data to DOE that showed an annual

average use for dishwashers of 322

cycles per year. They requested that

DOE change the representative annual

use cycle for dishwashers from 416

cycles per year to 322 cycles per year.

The representative annual use cycle is

used to determine the estimated annual

operating cost.

Amended test procedures were

proposed for dishwashers by a notice

issued on May 27, 1982 (47 FR 26143.

June 17, 1982). A public hearing was held

on July 21,1982.

B. Discussion

1. Representative Average-Use Cycle.

The Association of Hoitte Appliance

Manufacturers and eight other

commenters agreed that the

representative average-use cycle be

changed to 322 cycles per year. No

comments were received that disagreed

with the proposed change. Today's final

rule prescribes a representative averageuse cycle of 322 cycles per year for

determining the estimated annual

operating cost for dishwashers.

2. Warm Water Dishwashers. GE

commented that dishwashers that can

operate satisfactorily on 120°F inlet

water do so because the 120°F inlet

water is heated internally by the

dishwasher to a level sufficient to

achieve excellent washing and drying

results. GE further stated that "water

heating dishwashers" may be a more

appropriate term for these dishwashers

instead of "warm water dishwashers"

as was used in the proposed rule. Water

at 120°F is generally perceived to be

hot-not-warm.

Hobart, Design and Manufacturing

Corporation (D&M), Sears, Roebuck and

Co. (Sears), and Whirlpool Corporation

(Whirlpool) stated that it is important to

identify that heating must take place

during the normal cycle washing

phase(s) for proper washing

performance, although it is not

necessary that all of the water used

during the normal cycle be heated.

These commenters stated that at least

one wash phase and at least one rinse

phase be thermostatically-controlled.

These thermostatically-controlled wash

and rinse phases will delay the normal

cycle until the wash or rinse water has

been heated to its required temperature.

Dishwashers that use 140°F water

typically do not have thermostaticallycontrolled water heaters; these

dishwashers generally heat the water

continuously for all wash and rinse

phases.

CE-RM-82-130 COMMENT 02

9202 Federal Register / Vol. 48, No. 43/ Thursday, March 3, 1983/ Rules and Regulations 

DEPARTMENT OF ENERGY 

Office of Conservation and Renewable 

Energy 

10 CFR Part 430 

{Docket No. CI!LRM-82-1301 

Energy Conservation Program for 

Consumer Productsj Test Procedures 

for Dishwashers 

:: AGENCY: Office of Conservation and 

Renewable Energy, DOE. 

ACT!O~: Final rule. 

SUMMARY: The Department of Energy 

hereby amends its test procedures for 

dishwashers in order to accurately 

determiiit: the estimated annual 

operdLinl;l (';osi and the energy factor for 

dishw<;5};ers that operate with 120°F 

inlet wa'er and to revise the • 

repre5tntiilive average-use cycle to 

reflect current consumer use. These test 

procedures are a part of the ~mergy 

conservation program for consumer 

products established pursuant to the 

Energy Policy and Conservation Act. 

Among other program elements, the 

legislation requires that standard 

methods of testing be prescribed for 

covered products. 

EFFECTIVE DATE: April 4, 1983. 

FOR FURTHER INFORMATION CONTACT: 

Michael J. McCabe, U.S. Department of 

Energy, Office of Conservation and 

Renewable Energy, Forrestal Building, 

Mail Station CE-113.1, 1000 

Independence Avenue, S.W., 

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

9127; or Eugene Margolis, Esq., U.S. Department 

of Energy, Office of General Counsel, 

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

Washington, D.C. 20585; (202l 252-

9510. 

SUPPLEMENTARY INFORMAnON: 

A. Background 

On October 1, 1977, the Department of 

Energy (DOE) assumed the authority of 

the Federal Energy Administration 

(PEA) for the energy conservation 

program for consumer products, under 

Section 301 of the Department of Energy 

Organization Act (DOE Act) (Pub. L. 9S91). The energy conservation p'rogram 

for consumer products was established 

, by PEA pursuant to Title III, Part B of 

> the Energy Policy and Conservation Act 

it (Act) (Pub. L. 94-163). Subsequently, the 

Act was amended by the National 

Energy Conservation Policy Act 

INECPA) (Pub. L. 95-619). References in 

'is notice to "the Act," or to sections of 

.Ie Act, refer to the Energy Policy and 

Conservation Act as amended by 

NECPA. 

Section 323' of the Act requires that 

standard methods of testing be 

prescribed for covered products. T.est 

procedures appear at 10 CFR Part 430. 

Subpart B. Test procedures for 

dishwashers were prescribed on August 

3,1977 (42 FR 39964, August 8,1977). 

Dishwashers are generally designed to 

operate with 140'F inlet water. The 

140'F inlet water is generally 

recommended by dishwasher detergent 

manufacturers to ensure good cleaning 

performance by their products. The test 

procedures prescribed by DOE are 

based on dishwashers using 140°F inlet 

water. Three manufacturers, who make 

"water heating" dishwashers, i.e., 

dishwashers that use 120°F inlet water, 

requested DOE to exclude these 

dishwashers from the prescribed test 

procedures. The Hobart Corporation 

(Hobart) filed an application for 

exception with the DOE Office of 

Hearings and Appeals (OHA) on 

September 5, 1979 for its Model KD-19 

dishwasher. OHA granted an exception 

to Hobart on February 26, 1980. Norris 

Industries (Norris) applied to the 

Assistant Secretary for Conservation 

and Renewable Energy for a test waiver 

on November 5, 1980. 1 The Secretary 

granted the waiver for Norris' LER 

series dishwasher (46 FR 35719, July 10, 

1981). The General Electric Company 

(GE) applied for a test waiver for its ''T'' 

series dishwasher which uses 120'F inlet 

water. The Secretary granted a waiver 

to GE for its "T" series dishwasher on 

May 28, 1982 (47 FR 23543). . 

As a result of the petitions from 

Hobart, Norris, and GE, DOE directed 

the National Bureau of Standards (NBS) 

to investigate the manufacturers' claims 

that the prescribed test procedures do 

not properly determine the energy 

consumption for water heating 

dishwashers which use 120'F inlet 

water. NBS has provided its 

recommendations to DOE. These 

recommendations are discussed later in 

this document. 

In a separate action unrelated to the 

petitions discussed above, the 

Association of Ho~e Appliance: 

'DOE amended the energy conservation program 

{or consumer products by notice issued September 

18.1980 (45 FR 64108. September 26. 1980) 10 that 

the Assistant Secretary for Conservation and 

Renewable Energy can temporarily waive leat 

procedure requirements for B particular covered 

product, Waivers may be granted when design 

characteristics for the particular product either 

prevent testing of the product according to 

prescribed test procedures. or lead to result. eo W1fepreeentative of the product's true ellergy 

consumption characteristic8 a8 to provide 

materially inaccurate comparative dala 10 

consumers. 

Manufacturers (AHAM) and the Procter 

and Gamble Company (P&G) presented 

idata to DOE that showed an annual 

average use for dishwashers of 322 

cycles per year. They requested that 

DOE change the representative annual 

llse cycle for dishwashers from 416 

cycles per year to 322 cycles per year. 

The representative annual use cycle is 

used to determine the estimated annual 

operating cost. 

Amended test procedures were 

proposed for dishwashers by a notice 

issued on May 27, 1982 (47 FR 26143. 

, June 17, 1982). A public hearing was held 

on July 21, 1982. 

B. Discussion 

1. Representative A v'i',rage-Use Cycle. 

The Association of HOlhe Appliance 

Manufacturers and eight other 

commenters agreed that the 

representative average-use cycle be 

changed to 322 cycles per year. No 

comments were received that disagreed 

with the proposed change. Today's final 

rule prescribes a representative averageuse cycle of 322 cycles per year for 

determining the estimated annual 

operating cost for dishwashers. 

2. Warm Water Dishwashers. GE 

commented that dishwashers that can 

operate satisfactorily on 120°F inlet 

water do so because the 120°F inlet 

water is heated internally by the 

dishwasher to a level sufficient to 

achieve excellent washing and drying 

results. GE further stated that "water 

heating dishwashers" may be a more 

appropriate term for these dishwashers 

instead of "warm water dishwashers" 

88 was used in the proposed rule. Water 

at 120°F is generally perceived to be 

hot-not warm. 

Hobart, Design and Manufacturing 

Corporation (D&M), Sears, Roebuck and 

Co. (Sears). and Whirlpool Corporation 

(Whirlpool] stated that it is important to 

identify that heating must take place 

during the normal cycle washing 

pbase(s) for proper washing 

performance, although it is not 

necessary that all of the water used 

during the normal cycle be heated. 

These commenters stated that at least 

one wash phase and at least one rinse 

pbase be thermostatically-controlled. 

These thermogfatically-controlled wash 

and rinse phases will delay the normal 

cycle until the wash or rinse water has 

been heated to its required temperature. 

Dishwashers that use 140°F water 

typically do not have thermostaticallycontrolled water heaters; these 

dishwashers generally heat the water 

continuously for all wash and rinse 

phases . 
Federal Register / Vol. 48, No. 43 / Thursday, March 3, 1983 / Rules and Regulations

Accordingly, DOE has revised the

proposed definition to reflect the

come ,, ntor's concerns. That definition

provides:

"Water heating dishwasher" means a

dishwasher that can operate at nominal inlet

water temperature of 120'F by providing

thermostatically-controlled internal water

heating in at least one wash phase and one

rinse phase of the normal cycle.

D&M, Sears, and Whirlpool

recommended that DOE delete the

requirement of no consumer interaction

to activate the internal water heater.

These commenters believed that the

consumer should decide whether he

wants the internal water heater

activated during the normal cycle.

Furthermore, D&M and Sears mentioned

that their water heating dishwashers

have optional switches to override the

thermostat to the internal water heater

of the dishwasher during the normal

cycle to give the consumer added

flexibility in washing dishes. The

internal water heater should be on

continuously when the thermostat has

been disengaged. These dishwashers

might not qualify as water heating

dishwashers. Therefore, today's final

rule deletes all requirements concerning

no consumer interaction in the definition

for water heating dishwashers.

GE commented that any dishwasher

that could provide any amount of heat

during the normal cycle would qualify

as a water heating dishwasher under the

proposed definition. GE recommended

that a minimum criteria regarding water

heating capability be specified in order

to resolve this problem. Hobart

recommended a definition which

included the phrase "which provides

internal water heating during some

portion of the washing period(s) of the

normal cycle in order to raise the water

temperature to that recommended by

detergent manufacturers (currently

140°F)." this would specify that the

water be heated to a specific

temperature, which in this case would

be 140°F. Norris commented that a

specified temperature rise would be too

restrictive. For example, some water

heating dishwashers generate steam in

order to heat dishes. The steam directly

heats the dishes and indirectly heats

water. A definition based on heating

water to a specified temperature could

exclude these steam dishwashers from

the water heating dishwasher category.

DOE agrees that a specified temperature

rise would restrict manufacturers'

designs. Therefore, today's final rule

does not include a requirement of a

specified temperature rise of heating the

water used by a dishwasher.

3. Water heating Dishwasher Credit.

The June 17, 1982 notice proposed a 50

percent credit for dishwashers that use

120°F inlet water. D&M, Sears,

Whirlpool, and The Maytag Company

(Maytag) agreed that a 50 percent credit

be allowed. D&M and Sears commenters

stated that their dishwashers employ

internal water heating as an optional

feature-the user can select to use the

internal water heaters. These

commenters agreed with the rationale in

the proposed rule that proposed a 50

percent credit.

GE, Hobart, and Norris commented

that the 50 percent credit would

misinform consumers and advocated a

100 percent credit. They contended that

consumers are likely to either leave the

thermostat settings for their water

heaters at 140°F or lower the settings to

120°F, but are not likely to repeatedly

adjust the water heater thermostat

setting. The proposed averaging formula,

based on 50 percent, would therefore

result in measures of energy usage that

are not representative of the expected

operating conditions for these

dishwashers. Norris commented that if

the user followed the manufacturer's

directions, his energy use would be

lower; and if he did not lower the water

heater thermostat setting, his energy use

would be higher. Determining the energy

use by an averaging formula, or by a

partial credit, would misrepresent the

true energy use to all consumers.

DOE has reviewed the comments

concerning whether a 50 percent credit

should be allowed for water heating

dishwashers. Hobart presented data

from customers who purchased water

heating dishwashers. The data show

that 40 percent of the people turned their

thermostat setting on the water heater

down after they purchased the

dishwashers; 20 percent already had

lowered their thermostat setting on the

water heater; and 40 percent left the

thermostat setting on the water heater

alone because of the slow recovery time

of the water heater, the longer cycling,

time of the dishwasher, or the lack of

information concerning the adjustability

of water heater thermostat setting.

Hobart commented that water heating

dishwashers should not be penalized

because of these problems. Furthermore,

about 96 percent of people who lowered

the water heater thermostat setting were

satisfied with the performance of their

dishwashers,

The basis for determining energy use

should be that which is most

representative for the majority of

consumers. Manufacturers of water

heating dishwashers generally

recommend that the thermostat setting

9203

on the water heater be lowered to 120°F.

Hobart's data show that the majority .01

consumers do operate water heating

dishwashers at a reduced water heater

thermostat setting. In order to determine

measures of energy use that truly are

representative for the majority of

consumers, today's final rule prescribes

a 100 percent credit for water heating

dishwashers.

4. Test Load. Norris, Whirlpool, and

Columbus Products Company

(Columbus) commented that water

heating dishwashers should be tested

using a standard test load of dishes.

These manufacturers believed that

water heating dishwashers would use

more energy when operated with a load

of dishes than without. For example,

tests for one water heating dishwasher

conducted by NBS determined that, with

a test load, the per cycle energy use

increased by about 6.6 percent for 120°F

inlet water. (See National Bureau of

Standards, "Test Results for a

Dishwasher with Reduced Inlet Water

Temperature," February 1981.)

Whirlpool commented that a test load is

not burdensome, that the major

dishwasher manufacturers have several

sets of dishes in order to conduct the

test as prescribed in AHAM Standard

DW-1, and recommended that DOE

prescribe this ARAM test load in the

final rule.

Norris presented test data for its

water heating dishwashers as shown in

Table 1. The data only includes the

electrical energy used by the dishwasher

and does not include the energy used by

the water heater in heating the water.

Under a test load, the electrical energy

use increased by about 21 percent when

120°F water was used. It was not

necessary to include the 'energy used by

the water heater because the difference

in the per cycle energy use is due to the

presence of a dishload. The dishwasher

would use the same amount of per cycle

water energy consumption for a cycle

with and without a load of dishes.

Based upon this data, DOE believes

that the energy use of water heating

dishwashers is affected by the presence

of a load of dishes. Today's final rule

prescribes that water heating

dishwashers shall be tested with a test

load of dishes and that the test load

shall be as specified in Section 6.1.1 of

AHAM Standard DW-1,

However, today's final rule prescribes

that dishwashers which use 140°F water

be tested without a test load. Testing by

NBS had determined that the per cycle

energy use for these dishwashers is not

affected by the presence of a load of

dishes. Testing with and without a load

of dishes result in an insignificant

CE-RM-82-130 COMMENT 02

Federal Register I Vol. 48.· No. 43 I Thursday, March S. 1983 I Rules and Regulations 9203 

Accordingly. DOE has revised the 

proposed definition to reflect the comn .,ntor's concerns. That definition 

provides: 

''Water heating dishwasher" means a 

dishwasher that can operate at nominal inlet 

water temperature of lZO'F by providing 

thermostatically-controlled intemal water 

heating in at least one wash phase and one 

rinse phase of the nonnal cycle. 

D&M, Sears, and Whirlpool 

recommended that DOE delete the 

requirement of no consumer interaction 

to activate the internal water heater. 

These comrnenters believed that the 

consumer should decide whether he 

wants the internal water heater 

activated during the normal cycle. 

Furthermore, D&M and Sears mentioned 

that their water heating dishwashers 

have optional switches to override the 

thermostat to the internal water heater 

of the dishwasher during the normal 

cycle to give the consumer added 

flexibility in washing dishes. The 

internal water heater should be on 

continuously when the thermostat has 

been disengaged. These dishwashers 

might not q\lalify as water heating 

dishwashers. Therefore, today's final 

rule deletes all requirements concerning no consumer interaction in the definition 

for water heating dishwashers. 

GE commented that any dishwasher 

that could provide any amount of heat 

during the normal cycle would qualify as a water heating dishwasher under the 

proposed definition. GE recommended 

that a minimum criteria regarding water 

heating capability be specified in order 

to resolve this problem. Hobart 

recommended a definition which 

included the phrase "which provides 

internal water heating during some 

portion of the washing period(s) of the 

nonnal cycle in order to raise the water 

temperature to that recommended by 

detergent manufacturers (currently 

140°F)." thi.; would specify that the 

water be heated to a specific 

temperature, which in this case would 

be 140·F. Norris commented that 8 

specified temperature rise would be too 

restrictive. For example, some water 

heating dishwashers generate sleam in 

order to heat dishes. The steam directly 

heals the dishes and indirectly heats 

water. A definition based on heating 

waler to a specified temperature could 

exclude these stearn dishwashers from 

the waler heating dishwasher category. 

DOE agrees that a specified temperature 

rise would restrict manufacturers' 

designs. Therefore. today's final rule 

does norinclude a requirement of a specified temperature rise of heating the 

water used by a dishwasher. 

3. Water heating Dishwasher Gredit. 

The June 17. 1982 notice proposed a 50 

percent credit for dishwashers that use 120°F inlet water. D&M. Sears, 

Whirlpool, and The May tag Company 

(May tag) agreed that a 50 percent credit 

be allowed. D&M and Sears commenters 

stated that their dishwashers employ 

internal water heating as an optional 

feature-the user can select to use the 

internal water heaters. These 

·commenters agreed with the rationale in 

the proposed rule that proposed a 50 

percent credit. 

GE, Hobart, and Norris commented 

that the 50 percent credit would 

misinform consumers and advocated a 100 percent credit. They contended that 

consumers are likely to either leave the 

thermostat settings for their water 

heaters at 14Q°F or lower the settings to 

120°F, but are not likely to repeatedly 

adjust the water heater thermostat 

setting. The proposed averaging formula, 

based on 50 percent, would therefore 

result in measures of energy usage that are not representative·of the expected 

. operating conditions for these 

dishwashers. Norris commented that if 

the user followed the manufacturer's 

directions, his energy use would be 

lower; and if he did not lower the w.ater 

heater thermostat setting, his energy use 

would be higher. Determining the energy use by an averaging formula, or by a 

partial credit, would misrepresent the 

true energy use to all consumers. 

DOE has reviewed the comments 

concerning whether a 50 percent credit 

should be allowed for water heating 

dishwashers. Hobart presented data 

from customers who purchased water 

heating dishwashers. The data show 

that 40 percent of the people turned their 

thermostat setting on the water heater 

down after they purchased the 

diShwashers; 20 percent already had 

lowered their thermostat setting on the 

water heater; and 40 percent left the 

thermostat setting on the water heater 

alone becau.se of the slow recovery time 

of the water heater, the longer cycling. 

time of the dishwasher. or the lack of 

information concerning the adjustability 

of water heater thermostat setting. 

Hobart commented that water heating 

dishwashers should not be penalized 

because of these problems. Furthermore. 

about 96 percent of people who lowered 

the water heater thermostat setting were 

satisfied with the performance of their 

dishwashers. 

The basis for determining energy use 

should be that which is most 

representative for the majority of 

consumers. Manufacturers of water 

heating dishwashers generally 

recommend that the thermostat setting 

on the water heater be lowered to 120°F. 

Hobart's data show that the majority.of consumers do operate water heating 

dishwashers at a reduced water heater 

thermostat setting. In order to determine 

measures of energy use that truly are representative for the majority of 

consumers, today's final rule prescribes a 100 percent credit for water heating 

dishwashers. 

4. Test Load. Norris, Whirlpool, and 

Columbus Prod).lcts Company 

(Columbus) commented that water 

heating dishwashers should be tested 

using a standard test load of dishes. 

These manufacturers believed that 

water heating dishwashers would Dse more energy when operated with a load 

of dishes than without. For example, 

tests for one water heating dishwasher 

conducted by NBS determined that, with a test load, the per cycle energy use 

increased by about 6.6 percent for 1200

P 

inlet water. (See National Bureau of 

Standards, "Test Results for a 

Dishwasher with Reduced Inlet Water 

Temperature," February 1981.) 

Whirlpool commented that a test load is 

not burdensome. that the major 

dishwasher manufacturers have several 

sets of dishes in order to conduct the 

test as prescribed in AHAM Standard 

OW-I, and recommended that DOE 

prescribe this AHAM test load in the 

final rule .. 

Norris presented test data for its 

water heating dishwashers as shown in 

Table 1. The data only includes the 

electrical energy used by the dishwasher 

and does not include the energy used by 

the water heater in heating the water. 

Under a test load, the electrical energy use increased by about 21 percent when 

120·F water was used. It was not 

necessary to include the "energy used by 

the water heater because the difference 

in the per cycle energy use is due to the 

presence of Ii dishload. The dishwasher 

would use the same amount of per cycle 

water energy consumption for a cycle 

with and WitllOut a load of dishes. 

Based upon this data, DOE believes 

that the energy use of water heating 

dishwashers is affected by the presence 

of a load of dishes. Today's final rule 

prescribes that water heating 

dishwashers shall be tested with a test 

load of'dishes and that the test load 

shall be as specified in Section 6.1.1 of 

AHAM Standard OW-I. 

However, today's final rule prescribes 

that dishwashers which use 140C

F water 

be tested without a test load. Testing by 

NBS had determined that the per cycle 

energy use for these dishwashers is not 

affected by the presence of a load of 

dishes. Testing with and without a load 

of dishes result in an insignificant 
9204 Federal Register / Vol. 48, No. 43 / Thursday, March 3, 1983 / Rules and Regulations

difference in energy use. (See the

National Bureau of Standards, "Test

Results for a Dishwasher with Reduced

Inlet Water Temperature," February

1981.)

TABLE I .-ELECTRICAL ENERGY USE FOR

WATER HEATING DISHWASHERS

Inlet water (degeea

Fahrenheit OEst4oad

Electrical energy

use (ktbwanicycte)

Model A Model B

0.634

0.767

0.637

0.773

5. Water Temperature. Hobart and

Maytag commented that the tolerance of

-E5°F for the nominal 120°F inlet water

specification could result in a large

potential error in determining the

estimated annual operating cost for

water heating dishwashers. Hobart also

commented that a temperature range of

118°F to 122 °F was granted in the GE

test procedure waiver (47 FR 23543, May

28, 1982). In the GE waiver, it was

determined that a tolerance of ±5°F

could result in a 0.12 kWh per cycle

variation in the total per-cycle energy

consumption and in a 4.5 percent

variation in the estimated annual

operating cost. A tolerance of f2°F was

granted to Hobart in its waiver request

for its Model KD-19 dishwasher (45 FR

31343, June 15, 1981). Both Hobart and

GE concurred that a tolerance of ±2°F

was acceptable and not burdensome.

DOE also believes that a tolerance of

±2°F is not burdensome . The potential

error for a tolerance of ±2°F would be

less than 2 percent. Therefore , today's

final rule specifies that the inlet water

temperature be maintained between

118°F and 122°F for dishwashers to be

tested at a nominal 120 °F inlet water

temperature.

Hobart and Maytag also commented

that the tolerance of ±5°F for the

nominal 140°F inlet water specification

also be reduced. Dishwashers that

operate with 140°F inlet water typically

do not have thermostatically-controlled

water heaters. The error introduced by

the ±5°F tolerance is expected to be

small because the energy usage during a

cycle should be unaffected by variations

in the inlet water temperature . However,

DOE has determined that a change to

the ±5°F tolerance is not warranted.

Thus, today's final rule specifies that the

inlet water temperature be maintained

between 135°F and 145°F for

dishwashers to be tested at a nominal

10°F inlet water temperature.

8. Per Cycle Water Energy

Consumption. D&M commented that

'ishwashers generally use a rubber flow

.asher to control the amount of water

used during a cycle. The washer is

contoured to flex under changes in

water pressure. The washer may flex

differently for 120°F inlet water than for

140°F inlet water. This could possibly

result in different flow rates and

consequently different water

consumption values for 120°F inlet water

compared to 140°F inlet water. D&M

recommended that the per cycle water

energy consumption be based on the

average of the two flow rates.

DOE has reviewed the comment.

However, since today's final rule

prescribes only the 120°F inlet water test

for water heating dishwashers, there is

no need to compute an average flow'

rate.

7. Machine and Dishlood

Temperature. Whirlpool commented

that, at the end of a cycle, both the

dishwasher and test load contain

residual heat that will give dishwashers

with thermostatically-controlled water

heaters a "head start" if a new test is

conducted immediately thereafter.

Testing should be done done with the

dishwasher and the test load initially at

room temperature. Section 2.5 of the

existing test procedure specifies that the,

dishwasher be at room ambient

temperature at the start of each test

cycle. In today's final rule, Section 2.5

has been expanded to include

prescribing that the test load be at room

ambient temperature at the start of each

test cycle.

8. Performance Test. GE commented

that the existing dishwasher test

procedure does not measure

dishwashing performance. The company

stated that a performance test, which it

believes is required under the Act, is

mandatory in order to protect

consumers from purchasing dishwashers

with poor cleaning performance. GE

further commented that such a

performance test would be extremely

difficult to develop and unduly

burdensome to conduct. GE

recommended that DOE rescind the

existing dishwasher test procedure

because it cannot measure dishwashing

performance and, further, determine that

no performance test can be developed

which would not be unduly burdensome

to conduct. This would result in no

standardized testing procedure for

dishwashers.

Section 323(a)(4) of the Act states that

test procedures shall be prescribed to

determine the estimated annual

operating cost and at least one other

measure of energy consumption that is

likely to assist consumers in making

purchasing decisions. The Act does not

require DOE to evaluate performance

characteristics of a product in .

developing test procedures. Testing by

NBS, as well as by various

manufacturers, has shown that the

dishwasher test procedures do lead to

results that are truly representative of

the machine's energy use. Test

procedures do provide materially

appropriate comparative data to assist

consumers in purchasing decisions. DOE

has fulfilled the legislative requirements

of the Act since the dishwasher test

procedure does fairly and accurately

test the energy use characteristics.

Other manufacturers strongly

disagreed with GE's contention that

DOE should develop a performance test.

Performance tests rely heavily on

judgement factors such as visual acuity,

attentiveness, tactile sensitivity, and

test scoring experience . Norris

commented that dishwashing

performance should best"ue left to the

marketplace. DOE believes that it would

be extremely difficult to quantify these

subjective factors into one test that is

easily repeatable (testing in one

laboratory) and reproducible (testing

among laboratories).

Hobart commented that dishwashing

performance can be determined in many

ways. For example, in order to fully

determine dishwashing performance,

Hobart uses the following in-house tests:

(1) A redeposit test; (2) a test for soil

removal from light to heavy soils; {3)

three soak tests for encrusted foods; (4)

a consumer panel test; (5) a test for

spotting and filming for natural and

artificial soils; and (6) a drying

performance test. These tests generally

develop comparative rankings and are

not easily repeatable nor reproducible.

Hobart recommended that these types of

performance tests be excluded from the

dishwasher test procedure.

In the past, test procedures have not

included dishwashing performance:

Hobart stated that dishwasher detergent

manufacturers generally design their

products for optimum cleaning

performance for dishwashers that use

140°F inlet water. Therefore, DOE did

not have to include a performance test

for dishwashers that use 140°F inlet

water because the dishwasher detergent

manufacturers ensure that dishwashing

performance with 140°F inlet water is

clearly acceptable to consumers.

Manufacturers have generally

commented that dishwashing

performance should be excluded from

the dishwasher test procedure. DOE

believes in allowing manufacturers to

determine, for themselves, whether the

dishwashing performance for water

heating dishwashers is acceptable. A

similar precedent for this concept has

already been established in the

definition of a normal cycle. The

CE-RM-82-130 COMMENT 02

9204 Federal Register I Vol. 48, No. 43 I Thursday, March 3, 1983 I Rules and Regulations 

difference in energy use. (See the 

National Bureau of Standards, "Test 

Results for a Dishwasher with Reduced 

Inlet Water Temperature," February 

1981.) 

TABLE 1.-ELECTRICAL ENERGY USE FOR 

WATER HEATING DISHWASHERS 

Inlet water (degrees 

Fa/lr8nhBit) 

EleCtrical energy 

OIshk>ad use (kilowattlcycle) 

Model A Model B 

120. _____ • _____ .... No. __ ........ 0.634 0.637 

120 .... ___ . __ ._._ ... y88 ........ _... 0.767 D.na 

5. Water Temperature. Hobart and 

May tag commented that the tolerance of 

±5°F for the nominal 1200

P inlet water 

specification could result in a large 

potential error in determining the 

estimated annual operating cost for 

water heating dishwashers. Hobart also 

commented that a temperature range of 

118°F to 122°P was granted in the GE 

test procedure waiver (47 FR 23543, May 

28, 1982). In the GE waiver, it was determined that a tolerance of ±5°P 

could result in a 0.12 kWh per cycle 

variation in the total.per .. cycle energy 

consumption and in a 4.5 percent 

variation in the estimated annual .. operating cost. A tolerance of ±2°F was 

granted to Hobart in its waiver request 

for its Model KD-19 dishwasher (45 FR 

31343, June 15, 1981). Both Hobarl and 

GE concurred that a tolerance of ±ZOF 

was acceptable and not burdensome. 

DOE also believes that a tolerance of 

±2°F is not burdensome. The potential error for a tolerance of ±2'F would be 

Jess than 2 percent. Therefore, today's 

fInal rule specifies that the inlet water 

temperature be maintained between 

118°P and 122°F for dishwashers to be 

tested at a nominal 120°F inlet water 

temperature. 

Hobart and May tag also commented 

that the tolerance of ±5°F for the 

nominal 1400

P inlet water specification 

also be reduced. Dishwashers that 

operate with 140'P inlet water typically 

do not have thermostatically .. controlled. 

water heaters. The error introduced by 

the ±5°F tolerance is expected to be 

small because the energy usage during a 

cycle should be unaffected by variations 

in the inlet water temperature. However, 

DOE has determined that a change to 

the ±5°F tolerance is not warranted. 

Thus, today's final rule specifies that the 

inlet water temperature be maintained 

between 135"F and 145°F for 

dishwashers to be tested at a nominal 

t to"F inlet water temperature. 

6. Per Cycle Water Energy 

Consumption. D&M commented that 

'ishwashers generany use a rubber flow 

lasher to control the amount of water 

used during a cycle. The washer is 

contoured to flex under changes in 

waler pressure. The washer may flex 

differently for 120°F inlet water than for 

140'F inlet water. This could possibly 

result in different flow rates and 

consequently different water 

consumption values for 120·P inlet water 

compared t.O 140"P inlet water. D&M 

recommended that the per cycle water 

energy consumption be based on the 

average of the two flow rates. 

DOE has reviewed the comment. 

However, since today's final rule 

prescribes only the 1200

P inlet water test 

for water heating dishwashers, there is ~o need to compute an average flow' 

rate. . 

7. Machine and Dishload 

Temperature. Whirlpool commented 

that, at the end of a cycle. both the 

dishwasher and test load contain 

residual heat that will give dishwashers 

with thermostatically-controlled water 

heaters a "head start" if a new test is 

conducted immediately thereafter. 

Testing should be done done with the 

dishwasher and the test load initially at room temperature. Section 2.5 of the 

existing test procedure specifies that the. 

dishwasher be at room ambient 

temperature at the start of each test 

cycle. In today's final rule, Section 2.5 

has been expanded to include 

prescribing that the test load be at room 

. ambient temperature at the start of each 

test cycle. 

8. Performance Test. GE commented 

that the existing dishwasher test 

procedure does not measure dishwashing performance. The company 

stated that a performance test, which it 

believes is required under the Act, is 

mandatory in order to protect 

consumers from purchasing dishwashers 

with poor cleaning performance. GE 

further commented that such B 

peirormance test would be extremely 

difficult to develop and unduly 

burdensome to conduct. GE 

recommended that DOE rescind the 

existing dishwasher test procedure 

because it cannot measure dishwashing 

performance and, further. determine that 

,no performance test can be developed 

which would not be unduly burdensome 

to conduct. This would result in no 

standardized testing procedure for 

dishwashers. 

Section 323(a)(4) of the Act states that 

test procedures shall be prescribed to 

determine the estimated annual 

operating cost and at least one other 

measure of energy consumption that is 

likely to assist consumers in making 

purchasing decisions. The Act does not 

require DOE to evaluate performance 

characteristics of a product in . 

developing test procedures. Testing by 

NBS, a8 well as by various 

manufacturers, has shown that the 

dishwasher test procedures do lead to 

results that are truly representative of 

the machine's energy use. Test 

procedures do provide materially 

appropriate comparative data to assist consumers in purchasing decisions. DOE 

has fulfilled the legislative requirements 

of the Act since the dishwasher test 

procedure does fairly and accurately 

test the energy use characteristics. 

Other manufacturers strongly 

disagreed with GE's contention that 

DOE should develop a performance test. 

Performance tests rely heavily on 

judgement factors such as visual acuity, 

attentiveness, tactile sensitivity, and 

test scoring experience. Norris 

commented that dishwasbing 

performance should best"Oe left to the 

marketplace. DOE believes that it would 

be extremely difficult to quantify these 

subjective factors into one test that is 

easily repeatable (testing in one laboratory) and reproducible (lesting 

among laboratories). 

Hobart commented that dishwashing 

performance can be determined in many 

ways. For example, in order to fully 

determine dishwashing performance, 

Hobart uses the following in-house tests: 

(1) A redeposit test; (2) a test for soil 

removal from light to heavy soils; {3) 

three soak tests for encrusted foods; (4) 

a consumer panel test; (5) a test for 

spotting and filming for natural and 

artifIcial soils; and (6) a drying 

performance test. These tests generally 

develop comparative rankings and are 

not easily repeatable nor,reproducible. 

Hobart recommended that these types of 

performance tests be excluded from the 

dishwasher test procedure. 

In the past, test procedures have not 

included dishwashing performance: 

Hobart stated that dishwasher detergent 

manufacturers generally design their 

products for optimum cleaning 

performance for dishwashers that use 140°F inlet water. Therefore, DOE did 

not have to include a performance test 

for dishwashers that use 140·F inlet 

water because the dishwasher detergent 

manufacturers ensure that dishwashing 

performance with 140°F inlet water is 

clearly' acceptable to consumers. 

Man~facturers have generally 

commented that dishwashing 

performance should be excluded from 

the dishwasher test procedure. DOE 

believes in allowing manufacturers to 

determine, for themselves, whether the 

dishwashing performance for water 

heating dishwashers is acceptable. A 

similar precedent for this concept has 

already been established in the 

definition of a normal cycle. The 
Federal Register / Vol. 48, No. 43 . / Thursday, March 3, 1983 / Rules and Regulations

dishwasher test procedure allows

manufacturers to decide which cycle

should be considered as the normal

cycle for their dishwasher. Section 1.3 of

the test procedure states that the 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.

9. Commercial Standards. Today's

final rule prescribes that a load of

dishes be used when testing water

heating dishwashers. One section from a

commercial standard, ARAM Standard

DW-1, is used to specify the test load.

Under section 301 of the DOE Act,

DOE is required to comply with section

32 of the Federal Energy Administration

Act of 1974 (FEA Act) (Pub. L. 93-275).

as amended by section 9 of 0' Federal

Energy Administration Authca.ization

Act of 1977 (Pub. L. 95-70).

Section 32 (a) and (b) of the FEA Act

provide that:

(a) If any proposed rule by the

Administrator contains any commercial

standards, or specifically authorizes or

requires the use of any such standards,

then any general notice of the proposed

rulemaking shall:

(1) Identify, by name, the organization

which promulgated such standards; and

(2) State whether or not, in the

judgment of the Administrator, such

organization complied with the

requirements of subsection (b) in the

promulgation of such standards.

(b) An organization complies with the

requirements of this subsection in

promulgating any commercial standards

if.

(1) It gives interested persons

adequate notice of the proposed

promulgation of the standards and an

opportunity to participate in the

promulgation process through the

presentation of their views in hearings

or meetings which are open to the

public;

(2) The membership of the

organization at the time of the

promulgation of the standards is

sufficiently balanced so as to allow for

the effective representation of all

interested persons;

(3) Before promulgating such

standards, it makes available to the

,'public any records or proceedings of the

organization, and any documents,

letters, memorandums, and materials

relative to such standards; and

(4) It has procedures allowing

interested persons to:

(A) Obtain a reconsideration of any

action taken by the organization relating

to the promulgation of such standards,

and

(B) Obtain a review of the standards

(including a review of the basis or

adequacy of such standards). .

The findings required of DOE by

section 32 of the FEA Act serve to alert

the public and DOE to the use and

Background of commercial standards in

a proposed rulemaking and, through the

comment and hearing process, allow

interested persons to make known their

views regarding the appropriateness of

the use of those particular commercial

standards in that proposed rulemaking.

Any negative finding does not reflect a

determination by DOE of the

advisability of using a particular

standard for part of the test procedure

regulation.

As noted above, the final rule

contains elements of a commercial

standard, AHAM Standard DW-1,

promulgated by a nongovernmental

organization, ARAM. DOE has reviewed

AHAM Standard DW-1 and determined

that the standard was developed in a

manner that comports with the

requirements of Section 32(b) of the FEA

Act. Moreover, in accordance with

section 32(c), DOE has consulted with

the Attorney General and the Chairman

of the Federal Trade Commission

concerning the impact of this standard

on competition before prescribing final

test procedures. Both the Attorney

General and the Chairman of the FTC

have determined that this standard

would have no adverse effect on

competition.

10. Miscellaneous. After careful

consideration of all comments and

further consultation with NBS, DOE has

incorporated into the final rule some.

editorial and minor technical changes

that were not discussed above. For

example, the word "Administrator" is

replaced by the word "Secretary"

throughout section 430.22. Another

change is that the specific heat of water

is changed from 8.1966 to 8.20 Btu's per

gallon per degree Fahrenheit, in section

4.2.1.

C. Environmental, Regulatory Impact,

and Small Entity Impact Reviews

1. Environmental Review. The

Department has reviewed today's final

rule in accordance with the National

Environmental Policy Act of 1969

(NEPA) (42 U.S.C. 4321 at seq.), the

Council of Environmental Quality

Regulations implementing the

procedural provisions of NEPA (40 CFR

Part 1500 et seq.), and the Department's

own NEPA guidelines (45 FR 20694,

March 28,1980, as amended by 47 FR

7976, Feb. 23, 1982) to determine if an

environmental impact statement (EIS) or

an environmental assessment (EA) is

required.

9205

Today's final rule serves only to

standardize the measurement of energy

usage for dishwashers. The action of

prescribing these revised test

procedures will not result in any

environmental impacts. Because it is

clear that today's final rule is not a

major Federal action significantly

affecting the quality of the human

environment within the meaning of

NEPA, DOE has determined that neither

an EA nor an EIS is required.

2. Regulatory Impact Review. The

final rule has been reviewed in

accordance with Executive Order 12291

which directs that all regulations

achieve their intended goals without

imposing unnecessary burdens on the

economy, on individuals, on public or

private organizations, or on State and

local governments. The Executive Order

also requires that regulatory impact

analyses be prepared for "major rules.

The Executive Order defines a major

rule as any regulation that is likely to

result in: (1) An annual effect on the

economy of $100 million or more; (2) A

major increase in costs or prices for

consumers, individual industries,

Federal. State, or local government

agencies, or geographic regions; or (3)

Significant adverse effects on

competition, employment, investment,

productivity, innovation, or on the

ability of United States-based

enterprises to compete with foreignbased enterprises in domestic or export

markets. .

This final rule would only make minor

changes in the test procedures for

dishwashers. Therefore, DOE has

determined that this final rule does not

come within the definition of a major

rule.

In accordance with Section 3(c)(3) of

the Executive Order, which applies to

rules other than major rules, the final

rule was submitted to OMB for review

without a regulatory impact analysis.

OMB has concluded its review in

accordance with Section 3(3)(2)(C) of the

Executive Order.

3. Small Entity Review. The

Regulatory Flexibility Act (Pub. L. 96-

354) requires that an agency prepare a

final regulatory analysis to be available

at the time the final rule is published.

This requirement does not apply if the

agency "certifies that the final rule will

not * * * have a significant economic

impact on a substantial number of small

entities."

This rule only affects manufacturers

of dishwashers. There are not a

substantial number of small entities that

manufacture dishwashers. Moreover,

the changes made would not have

significant economic impacts, but rather

CE-RM-82-130 COMMENT 02

Federal Register I Vol. 48, No. 43/ Thursday, March 3, 1983 I Rules and Regulations 9205 

dishwasher test procedure allows 

manufacturers to decide which cycle 

should be considered as the normal 

cycle for their dishwasher. Section 1.3 of 

the test procedure states that the normal 

cycle means the cycle type 

recomm~nded by the manufacturer for 

completely washing a full load of 

normally soiled dishes. including the 

power-dry feature. 

9. Commercial Standards. Today's 

final rule prescribes that a load of 

dishes be used when testing water 

heating dishwashers. One section from a 

commercial· standard. AHAM Standard 

DW-l. is used to specify the test load. 

Under section 301 of the DOE Act. 

DOE is required to comply with section 

32 of the Federal Energy Administration 

Act of 1974 (PEA Act) (Pub. L. 93-275). 

as amended by section 9 of t).,."! Federal 

Energy Administration Authrdzation 

Act of 1977 (Pub. L. 95-70). 

Section 32 (a) and (b) of the FEA Act 

provide that: . 

(a) If any proposed rule by the 

Administrator contains any commercial 

standards. or specifically authorizes or 

requires the use of any such standards. 

then any general notice of the proposed 

rulemaking shall: 

(1) Identify. by name. the organization 

which promulgated such standards; and 

(2) State whether or not. in the 

judgment of the Administrator. such 

organization complied with the 

requirements of subsection (b) in the 

promulgation of such standards. 

(b) An organization complies with the 

requirements (If this subsection in 

promulgating any commercial standards 

if: 

(1) It gives interested persons 

adequate notice of the proposed 

promulgation of the standards and an 

opportunity to participate in the 

promulgation process ·through the 

presentation of their views in hearings 

or meetings which are open to the 

public; 

(2) The membership of the 

organization at the time of the 

promulgation of the standards is 

sufficiently balanced so as to allow for 

the effective representation of all 

interested persons; 

(3) Before promulgating such 

, "tandards. it makes available to the 

.'public any records or proceedings of the 

organization. and any documents. 

letters. memorandums. and materials 

relative to such standards; and 

(4) It has procedures allowing 

interested persons to: 

(A) Obtain a reconsideration of any 

action taken by the organization relating 

to the promulgation of such standards. 

and 

{B) Obtain a review of the standards 

(including a review of the basis or 

adequacy of Buch standards). . The findings required of DOE by 

section 32 of the PEA Act serve to alert 

the public and DOE to the use and 

Background of commercial standards in 

a proposed rulemaking and. through the 

comment and hearing process. allow 

interested persons to make known their 

views regarding the appropriateness of 

the use of those particular commercial 

standards in that proposed rulemaking. 

Any negative finding does not reflect a 

determination by DOE of the 

advisability of using a particular 

standard for part of the test procedure 

regulation. 

As noted above. the final rule 

contains elements of a commercial 

standard. AHAM Standard DW-l. 

promulgated by a nongovernmental 

organization. AHAM. DOE has reviewed 

AHAM Standard DW-l and determined 

that the standard was developed in a 

manner that comports with the 

requirements of Section 3z(b) of the PEA 

Act. Moreover. in accordance with 

section 3Z(C). DOE has consulted with 

the Attorney General and the Chairman 

of the Federal Trade Commission 

concerning the impact of this standard 

on competition before prescribing final 

test procedures. Both the Attorney 

General and the Chairman of the FTC 

have determined that this standard 

would have no adverse effect o·n 

competition. 

10. Miscellaneous. After careful 

consideration of all comments and 

further consultation with NBS. DOE has 

. incorporated into the final rule some. 

editorial and minor technical changes 

that were not discussed above. For 

example. the word "Administrator" is 

replaced by the word "Secretary" 

throughout section 430.22. Another 

change is that the specific heat of water 

is changed from 8.1966 to 8.Z0 Btu's per 

gallon per degree Fahrenheit. in section 

4.2.1. 

C. Environmental. Regulatory Impact, 

and Small Entity Impact Reviews 

1. Environmental Review. The 

Department has reviewed today's final 

rule in accordance with the National" 

Environmental Policy Act of 1969 

(NEPA) (4.2 U.S.C. 4321 et seq.). the 

Council of Environmental Quality 

Regulations implementing the 

procedural provisions of NEPA (40 CFR 

Part 1500 et seq.). and the Department's 

own NEPA guidelines (45 FR Z0694. 

March 28. 1980. as amended by 47 FR 

7976. Feb. Z3. 1982) to determine if an 

environmental impact statement (EIS) or 

an environmental assessment (EA) is 

required. 

Today's fmal rule serves only to 

standardize the measurement of energy 

usage for dishwashers. The action of . 

prescribing these revised test 

procedures will not result in any 

environmental impacts. Because it is 

clear that today's final rule is not a 

major Federal action significantly 

affecting the quality of the human 

environment within the meaning of 

NEPA. DOE has determined that neither 

an EA nor an ElS is reqUired. 

2. Regulatory Impact Review. The 

final rule has been reviewed in 

accordance with Executive Orqer 12291 

which directs that all regulations 

achieve their intended goals without 

imposing unnecessary burdens on the 

economy. on individuals. on public or 

private organizations. or on State and 

local governments. The Executive Order 

also requires that regulatory impact 

analyses be prepared for "major rules."· 

The Executive Order defines a major 

rule as any regulation that is likely to 

result in: (1) An annual effect on the 

economy of $100 million or more; (Z) A 

major increase in costs or prices for 

consumers. individual industries. 

Federal. State. or local government 

agencies. or geographic regions; or (3) 

Significant adverse effects on 

competition. employment, investment. 

productivity. innovation. or on the 

ability of United States-based 

enterprises to compete with foreignbased enterprises in domestic or export 

markets .. 

This final rule would only make minor 

changes in the test procedures for 

dishwashers. Therefore. DOE has 

determined that this final rule does not 

come within the definition of a major 

rule. 

In accordance with Section 3(c)(3) of 

the Executive Order. which applies to 

rules other than major rules. the final 

rule was submitted to Or-.ffi for review 

without a regulatory impact analysis. 

OMB has concluded its review in 

accordance with Section 3(3)(2)(C) of the 

Executive Order. 

3. Small Entity Review. The 

Regulatory Flexibility Act (Pub. L. 90-

354) requires that an agency prepare a 

final regulatory analysis to be available 

at the time the final rule is published. 

This recwirement does not apply if the 

agency "certifies that the final rule will 

not • • • have a significant economic 

impact on a substantial number of small 

entities." 

This rule only affects manufacturers 

of dishwashers. There are not a 

substantial number of small entities that 

manufacture dishwashers. Moreover. 

the changes made would not have 

significant economic impacts. but rather 
9206 Federal Register / Vol. 48, No. 43 / Thursday, March 3, 1983 / Rules and Regulations

would reduce the testing burdens on all

entities

There.?re, pursuant to Section 605(b),

DOE certifies that this final rule would

not have a "significant economic impact

on a substantial number of small

entities."

List of Subjects in 10 CFR Part 430

Administrative practice and

procedure, Energy conservation,

Household appliances.

In consideration of the foregoing, Part

430 of Chapter II of Title 10, Code of

Federal Regulations, is amended as set

forth below, effective April 4, 1983.

Issued in Washington, D.C., February 22,

1983.

Joseph J. Tribble,

Assistant Secretary, Conservation and

'denewable Energy.

PART 430-ENERGY CONSERVATION

PROGRAM FOR CONSUMER

PRODUCTS

Provisions of 10 CFl7 Part 430, § 430.22

and Appendix C are amended as

follows:

Authority: Sect. 323, Pub. L. 94-163, 89 Stet.

917 as amended by Pub. L. 95-619, 92 Stat.

3268 (42 U.S.C. 6293).

1430.22 [Amended]

1. Section 430.22 paragraph (c) Is

amended by removing the words "416

cycles per year" and inserting, in their

place, the words "322 cycles per year" in

the following places:

(a) Section 430.22(c)(1)(i);

(b) Section 430.22(c)(1)(ii);

(c) Section 430.22(c)(2)(i); and

(d) Section 430.22(c)(2)(ii).

2. Section 430.22 paragraphs (a)

through (o) are amended by removing

the word "Administrator" and inserting,

in its place, the word "Secretary."

3. 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 Measuring the

Energy Consumption of Dishwashers

1. Definitions.-1.1 "Cycle" means a

sequence of operations of a dishwasher

which performs a complete dishwashing

operation, and may include variations or

combinations of the functions of washing,

rinsing and drying.

1.2 "Cycle type" means any complete

sequence of operations capable of being

preset on the dishwasher prior to the

initiation of machine operation.

1.3 "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.'

1.4 "Power-dry feature" means that

function in a cycle in which electrically

generated heat is introduced into the washing

chamber for the purpose of improving the

drying performance of the dishwasher.

1.5 "Truncated normal cycle " means the

normal cycle interrupted to eliminate the

power-dry feature after the termination of the

last rinse operation.

1.8 "Water heating dishwasher" means a

dishwasher that can operate at a nominal

inlet water temperature of 120°F by providing

thermostatically-controlled internal water

heating in at least one wash phase and one

rinse phase of the normal cycle.

2. Testing conditions.-2.1 Installation.

Install the dishwasher in accordance with the

manufacturer's instruction, except that

undercounter dishwashers need not be

installed under a counter.

2.2 Electrical supply. Maintain the

electrical supply to the dishwasher within

two percent of 115 volts and within one

percent of its nameplate frequency as

specified by the manufacturer.

2.3 Water temperature.

2.3.1 Dishwashers to be tested at a

nominal140°F inlet water temperature.

Maintain the water supply temperature

between 135°F and 145°F.

2.3.2 Dishwashers to be tested at a

nominal 120°F inlet water temperature.

Maintain the water supply temperature

between 118°F and 122°F.

2.4 Water pressure. Maintain the pressure

of the water supply between 32.5 and 37.5

pounds per square inch.

2.5 Ambient and machine temperature.

Maintain the room ambient air temperature

between 70°F and 85°F, and assure that the

dishwasher and the test load are at room

ambient temperature at the start of each test

cycle.

2.6 Load

2.6.1 Dishwashers to be tested at a

nominal 140°F inlet water temperature. The

dishwasher shall be tested on the normal

cycle and the truncated normal cycle without

a test load.

2.6.2 Dishwashers to be tested at a

nominal120°Finlet water temperature. The

dishwasher shall be tested on the normal

cycle and the truncated normal cycle with a

test load as specified in section 6.1.1 of

ARAM Standard DW-1.

3. Test cycle and measurements.

3.1 Test cycle. Perform a test cycle by

establishing the testing conditions set forth in

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. _

3.2 Machine electrical energy

consumption.

3.2.1 Dishwashers that operate with a

nominal 140°Finlet water temperature, only.

Measure the machine electrical energy

consumption, M, specified as the number of

kilowatt-hours of electrical energy consumed

during the entire test cycle using a water

supply temperature as set forth in 2.3.1 of this

Appendix. Use a kilowatt-hour meter having

a resolution no larger than 0.001 kilowatt

hours and a maximum error no greater than

one percent.

3.2.2 Dishwashers that operate with a

nominal inlet water temperature of 120°F.

Measure the machine electrical energy

consumption, Me, specified as the number of

kilowatt-hours of electrical energy consumed

during the entire test cycle using a water

supply temperature as set forth in 2.3.2 of this

Appendix. Use a kilowatt-hour meter having

a resolution no larger than 0.001 kilowatthours and a maximum error no greater than

one percent.

3.3 Water consumption. Measure the water

consumption specified as the number of

gallons delivered to the dishwasher during

the entire test cycle , using a water meter

having a resolution no larger than 0.1 gallon

and a maximum error no greater than 1.5

percent for all water flow rates from one to

five gallons per minute and for all water

temperatures encountered in the test cycle.

3.4 Report values. State the reported

values of machine electrical energy

consumption and water consumption as

measured.

4. Calculation of derived results from test

measurements.-4.1 Per-cycle water energy

consumption using electrically heated water.

4.1.1 Dishwashers that operate with a

nominal 140°Finlet water temperature, only.

Calculate for the cycle type under test the

per-cycle water energy consumption using

electrically heated water , We, expressed in

kilowatt-hours per cycle and defined as: -

W,=VXTXK°

where

V=reported water consumption in gallons

per cycle for the cycle type under test.

T=nominal water heater temperature

rise = 90°F.

K=specific heat of water in kilowatt-hours

per gallon per degree

Fahrenheit=0.00240.

4.1.2 Dishwashers that operate with a

nominal inlet water temperature of 120°F.

Calculate for the cycle type under test the per

cycle water energy consumption using

electrically heated water, We, expressed in

kilowatt-hours per cycle and defined as:

We=VXT'XK

where

V and K are defined in 4.1.1 of this Appendix

and T'=nominal water heated

temperature rise=70°F.

4.2 Per cycle water energy consumption

using gas-heated or oil-heated water. 4.2.1

Dishwashers that operate with a nominal

140°Finlet water temperature, only.

Calculate for the cycle type under test the per

cycle water energy consumption using gasheated or oil-heated water, We, expressed in

Btu's per cycle and defined as:

We=VXTXC/e.

where

V and T are defined in 4.1 .1 of this Appendix,

and

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

per degree fahrenheit=8.20

e=nominal gas or oil water heater recovery

efficiency =0.75.

4.2.2 Dishwashers that operate with a

nominal inlet water temperature of 120'F

Calculate for the cycle type under test the per

cycle water energy consumption using gasCE-RM-82-130 COMMENT 02

9206 Federal Register I Vol. 48, No. 43 I Thursday, March 3, 1983 I Rules and Regulations 

would reduce the testing burdens on all 

entities . 

There'i;?re, pursuant to Section 605(b). 

DOE certifies that this final rule would 

not have a "significant economic impact 

on a substantial number of small 

entities." 

List of Subjects in 10 CFR Part 430 

Administrative practice and 

procedure. Energy conservation. 

Household appliances. 

In consideration of the foregoing, Part 

430 of Chapter II of Title 10, Code of 

Federal Regulations. is amended as set 

forth below. effective April 4. 1983. 

Issued in Washington. D.C., February 22, 

'1963. 

Joseph J. Tribble, 

Assistant Secretary, Conservation and 

'-tenewable Energy. 

PART 430-ENERGY CONSERVATION 

PROGRAM FOR CONSUMER 

PRODUCTS 

Provisions of 10 CFR Part 430, § 430.22 

and Appendix C are amended as 

follows: 

Authority: Sect. 323, Pub. L. 94-163. 89 Stat. 

917 as amended by Pub. 1.. 95-619. 92 Stat. 

3266 (42 U.S.C. 6293J. 

§ 430.22 [Amended] 

1. Section 430.22 paragraph (c) is 

amended by removing the words "416 

cycles per year" and inserting. in their 

place. the words "322 cycles per year" in 

the following places: 

(a) Section 430.22(c)(1)(i); . 

(b) Section 430.22(c)(1)(ii); 

(c) Section 430.22(c)(2)(i); and 

(d) Section 430.22[c)(2)(ii). 

2. Section 430.22 paragraphs (a) 

through (0) are amended by removing 

the word "Administrator" and inserting. 

in its place, the word "Secretary." 

3. 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 Measuring the 

Energy Consumption of Dishwashers 

1. Definitions.-l.1 "Cycle" means a 

sequence of operations of a dishwasher 

which performs a complete dishwashing 

operation, and may include variations or 

combinutions of the functions of washing. 

rinsing II nd drying. 

1.2 "Cycle type" means any complete 

sequence of operations capable of being 

preset on the dishwasher prior to the 

initiation of machine operation. 

1.3 "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 .. 

1.4 "Power-dry feature" means that 

function in a cycle in which .electrlcally 

generated heat is introduced into the washing 

chamber for the purpose of improving the 

drying performance of the dishwasher. 

1.5 "Truncated normal cycle" means the 

normal cycle interrupted to eliminate the 

power-dry feature after the termination of the 

last rinse operation. . 

1.6 "Water heating dishwasher" means a 

dishwasher that can operate at a nominal 

inlet water temperature of 120°F by providing 

thermostatically-controlled internal water 

heating in at least one wash phase and one 

rinse phase of the normal cycle. 

z. Testing conditions.-Z.l Installation. 

Install the dishwasher in accordance with the 

manufacturer's instruction, except that 

undercounter dishwashers need not be 

installed under a counter. 

2.2 Electrical supply. Maintain the 

electrical supply to the dishwasher within 

two percent of 115 volts and within one 

percent of its nameplate frequency as 

specified by the manufacturer. 

Z.3 Water temperature. 

Z.3.1 Dishwashers to be tested at a nominal14O"F inlet water temperature. 

Maintain the water supply temperature 

between 135'F and 145°F. 

2.3.2 Dishwashers to be tested at a 

nominal 120'F inlet water temperature. 

Maintain the water supply temperature 

between 118'F and 122'F. 

2.4 Water pressure. Maintain the pressure 

of the water supply between 32.5 and 37.5 

pounds per square inch. 

2.5 Ambient and machine temperature. 

Maintain the room ambient air temperature 

between 70°F and as·F, and assure that the 

dishwasher and the test load are at room 

ambient temperature at the start of each test 

cycle. 

2.6 Load 

2.6.1 Dishwashers to be tested at a nominall4U' F inlet water temperature. The 

dishwasher shall be tested on the normal 

cycle and the truncated normal cycle without 

a test load. 

2.8.2 Dishwashers to be tested at a nominallZ()" F inlet water temperature. The 

dishwasher shall be tested on the normal 

cycle and the truncated normal cycle with a 

test load as specified in section 6.1.1 of 

AHAM Standard DW-1. 

3. Test cycle and measurements. 

3.1 Test cycle. Perform a test cycle by 

establishing the testing conditions set forth in 

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. 

3.2 Machine electrical energy 

consumption. 

3.2.1 Dishwashers that operate with a 

nominal 140' F inlet water temperature, only. 

Measure the machine electrical energy 

consumption, M, specified as the number of 

kilowatt-hours of electrical energy consumed 

during the entire test cycle using a water 

supply temperature as set forth in 2.3.1 of this 

Appendix. Use a kilowatt-hour meter having 

a resolution no larger than 0.001 kilowatt 

hours and a maximum error no greater than 

one percent. 

3.2.Z Dishwashers that operate with a 

nominal inlet water temperature oI1Zl1',F. 

Measure the machine electrical energy 

consumption, Me, specified as the number of 

kilowatt-hours of electrical energy consumed 

during the entire test cycle using a water 

supply temperature as set forth in 2.3.2 of this 

Appendix. Use a kilowatt-hour meter having 

a resolution no larger than 0.001 kilowatthours and a maximum error no greater than 

one percent. 

3.3 Water consumption. Measure the water 

consumption specified as the number of 

gallons delivered to the dishwasher during 

the entire test cycle, using a water meter 

having a resolution no larger than 0.1 gallon 

and a maximum error no greater than 1.5 

percent for all water flow rates from one to 

five gallons per minute and for all water 

temperatures encountered in the test cycle. 

. 3.4 Report values. State the reported 

values of machine electrical energy 

consumption and water consumption as 

measured. 

4. Calculation of derived results from test 

measurements.-4.1 Per-cycle water energy 

consumption using electrically heated water. 

4.1.1 Dishwashers that operate with a nominal 14()" F inlet water temperature, only. 

Calculate for the cycle type under test the 

per-cyc1e water energy consumption using 

electrically heated water, We, expressed in 

kilowatt-hours per cycle and defined as: -

W.=VxT~I<. 

where 

V = reported water consumption in gallons 

per cycle for the cycle type under test. 

T=nominal water heater temperature 

rise = 90°F. 

K=specific heat of water in kilowatt-hours 

per gallon per degree 

Fahrenheit=O.OOZ40. 

4.1.2 Dishwashers that operate with a nominal inlet water temperature of lZ(fF. 

Calculate for the cycle type under test the per 

cycle water energy consumption using 

electrically heated water, We, expressed in 

kilowatt-hours per cycle and dermed as: 

We==VXT'xK 

where 

V and K sre defmed in 4.1.1 of this Appendix 

and T'=nominal water heated 

temperature rise=?O'F. 

4.2 Per cycle water energy consumption 

using gas-heated or oil-heoted water. 4.2.1 

Dishwashers that operate with a nominal 

14U' F inlet water temperature, only. 

Calculate for the cycle type under test the per 

cycle water energy consumption using gasheated or oil-heated water, We, expressed in 

Btu's per cycle and defined a,: 

We=V~TxC/e. 

where 

V and T are defmed in 4.1.1 of this Appendix, 

and 

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

per degree fahrenheit=8.20 

e=nominal gas or oil water heater recovery 

efficiency =0.75. 

4,2.Z Dishwashers that operate with a 

nominal inlet water temperature of lZ()"F. 

Calculate for the cycle type under test the per 

cycle water energy consumption using gas-
Federal Register / Vol. 48, No. 43 / Thursday, March 3, 1983 / Rules and Regulations

heated or oil-heated water, Wg, expressed in

Btu's per cycle and defined as:

W,=VxT'XC/e

where

V and T' are defined in 4.1.2 of this

Appendix, and C and a are defined in

4.2.1 of this Appendix.

4.3 Per-cycle machine electrical energy

consumption.

4.3.1 Dishwashers that operate with a

nominal 14O°Finlet water temperature, only.

Use the measured value recorded in 3.2.1 as

the per-cycle machine electrical energy

consumption, M, expressed in kilowatt-hours

per cycle.

442 'Dishwashers that operate with a

nominal inlet water temperature of 120°F.

Use the measured value recorded in 3.2.2 as

the per-cycle machine electrical energy

consumption, in, expressed in kilowatt-hours

per cycle.

4.4 Total per-cycle energy consumption.

Calculate for the cycle type under test the

total per-cycle energy consumption, E,'

expressed in kilowatt-hours per cycle, and

defined as the sum of the per-cycle machine

electrical energy consumption, M, plus the

per-cycle water energy consumption of

electrically-heated water, W, calculated for

the cycle type, determined according to 4.3

and 4.1 respectively.

IFR Doc. 83-5255 Filed 3-2-83; 8:45 amj

BILLING CODE 8450-01-M

9207

CE-RM-82-130 COMMENT 02

Federal Register I Vol 48, No. 43 I Thursday, March 3, 1983 I Rules and Regulations 

heated or oil-heated water, Wg, expressed In 

Btu's per cycle and defined as: . 

W.,=V X T' X Cle 

where 

V and T' are defined in 4.1.2 of this . 

Appendix, and C and e are defined in 

4.2.1 of this Appendix. 

4.3 per-cycle machine electrical energy 

consumption. 

4.3.1 Dishwashers that operate with a 

nominal 1411' F inlet water temperature, only. 

Use the measured value recorded in 3.2.1 as the per-cycle machine electrical energy 

consumption, M. expressed in kilowatt-hours 

per cycle. 

4.3.2 • Dishwashers that operate with a 

nominal inlet water temperature of 120" F. 

Use the measured value recorded In 3.2.2 as 

the per-cycle machine electrical energy 

consumption, m, expressed in kilowatt-hours 

per cycle. 

4.4 Total per-cycle energy consumption. 

Calculate for the cycle type under lest the 

total per-cycle energy consumption, E; 

expressed in kilowatt-hours per cycle, and 

defined as the sum of the per-cycle machine 

electrical energy consumption, M. plua the 

per-cycle water energy consumption of 

electrically-heated waler, W. calculated for 

the cycle type, determined according to 4.3 

and 4.1 respectively. 

(FR Doc. ~255 Filed 3-z...B3: 8:45 am) 

BILLING CODE 64~1-M 

9207