### 12342 Federal Register / Vol. 52, No. 72 / Wednesday, April 15, 1987 / Proposed Rules

DEPARTMENT OF ENERGY Department of Energy, Forrestal

1fice of Conservation and enewable Energy

10 CFR Part 430 (Docket No. CE

-RM-82-1301 

### Energy Conservation Program for Consumer Products; Test Procedures for Dishwashers

AGENCY: Office of Conservation and Renewable Energy, DOE.
ACTION: Notice of proposed rulemaking and public hearing.

SUMMARY: The Department of Energy hereby proposes to amend its test procedures for dishwashers in order to establish procedures to accurately determine the estimated annual operating cost and the energy factor for dishwashers that operate with 50 °F inlet water and that utilize an electrical supply voltage of 240 volts. DOE is interested in receiving comment on the appropriateness of revising test procedures for all types of dishwashers with respect to the assigned value for inlet water temperature. These test procedures are a part of the energy conservation program for consumer products established pursuant to the Energy Policy and Conservation Act, as wended by the National Energy .mservation Policy Act. The purpose of this notice of proposed rulemaking is to provide interested persons an opportunity to comment on the proposed rule and to invite interested persons to participate in the rulemaking process. DATES: Written comments on the proposed rule must be received by June 15, 1987. Oral views, data, and arguments may be presented at the public hearing to be held in Washington, DC, on May 28. Requests to speak at the hearing must be received by the Department no later than 4:00 p.m., May 26,1987. 

### Seven copies of the statement of each speaker for this hearing should be submitted at the hearing. The length of each presentation is limited to 20 minutes.
ADDRESSES : Written comments, statements and requests are to be submitted to: U.S. Department of Energy, Office of Conservation and Renewable Energy, Office of Hearings and Dockets, Dishwasher Test Procedures, Docket No. CE-RM-82-130, Room 6B-025 , Forrestal Building, 1000 Independence Avenue SW., Washington, DC 20585, (202) 586- '1320. The hearing will begin at 9:30 a.m., on .ay 28, and will be held at the U.S. Building, Room 1E-245, 1000 Independence Avenue SW., Washington, DC. Copies of the transcript of the public hearing and public comments received may be obtained from the DOE Freedom of Information Reading Room, U.S. Department of Energy, Room 1E-190, 1000 Independence Avenue SW., Washington, DC 20585. (202) 586-6020, between the hours of 9:00 a.m. and 4:00 p.m., Monday through Friday, except Federal holidays. For more information concerning public participation in this rulemaking proceeding, see section "III. Public Comment Procedures" of this notice. FOR FURTHER INFORMATION CONTACT: Michael J. McCabe, U.S. Department of Energy, Conservation and Renewable Energy, Mail Station CE-132, Room GF-217, Forrestal Building, 1000 Independence Avenue SW., Washington, DC 20585, (202) 586-9127 Eugene Margolis, Esq., U.S. Department of Energy, Office of General Counsel, Mail Station GC-12, Room 6B-128, Forrestal Building, 1000 Independence Avenue SW., Washington, DC 20585, (202) 588-9507 U.S. Department of Energy, Conservation and Renewable Energy, Office of Hearings and Dockets, Room 6B-025, Forrestal Building. 1000 Independence Avenue SW., Washington, DC 20585, (202) 586-9320

SUPPLEMENTARY INFORMATION: 

### 1. Background
Part B of Title III of the Energy Policy and Conservation Act (EPCA) (Pub L. 94-163), as amended by the National Energy Conservation Policy Act (NECPA) (Pub, L. 95-619),1 created the Energy Conservation Program for Consumer Products Other Than Automobiles. Among other program elements

, sections 323 of the Act requires that standard methods of testing be prescribed for covered products, including dishwashers. Test 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). DOE amended the energy conservation program for

consumer products by notice issued September 18, 1980 (45 FR 64108, September 26, 1980). so that the Assistant Secretary for Conservation and Solar Energy (now called Conservation and Renewable Energy)

I Part B of Title III of EPCA as amended by NECPA, 42 U.S. C. 6291-6309, is refereed to in this notice as the "Act" can temporarily waive test procedure requirements for a particular product. Waivers can 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. On November 14,1986, DOE issued a rule amending the test procedure waiver process to allow the Assistant Secretary for Conservation and Renewable Energy to grant an interim waiver to manufacturers. In addition the rule made minor revisions to the petition for waiver procedures (51 FR 42823, November 26, 1986). Section 10 CFR 430.27(m) states:
Within one year of the granting of any waiver, the Department of Energy will publish in the Federal Register a notice of proposed rulemaking to amend its regulations so as to eliminate any need for the continuation of such waiver. As soon thereafter as practicable. the Department of Energy will publish in the Federal Register a final rule. Such waiver will terminate on the effective date of such final rule. The dishwasher test procedures prescribed in 1977 were based on dishwashers using 140°F inlet water and operating with an electrical supply voltage of 115 volts. DOE amended the test procedures on Feburary 23, 1983, in order to accurately determine the estimated annual operating cost and energy factor for dishwashers that operate with 120°F inlet water (48 FR 9202, March 3, 1983).ANDI-CO Appliances, Inc. (ANDICO) is an agent for a foreign appliance manufacturer that produces dishwashers. These dishwashers, in the normal mode, use cold water (50°F) only and heat it to a designated programselected temperature and use an electrical supply voltage of 240 volts. ANDI-CO requested DOE to exclude these dishwashers from the prescribed test procedures. On August 12, 1984, ANDI-CO filed a Petition for Waiver of DOE's dishwasher test procedures for two models, Favorit Models 263 and 265. ANDI-CO claimed that these dishwashers incorporate features which are not addressed in the existing test procedures, and consequently, cannot be adequately tested under existing DOE test procedures for dishwashers. DOE granted a waiver and established an alternate test procedure for these models on May 8, 1985 (50 FR 21488, May 24

, 1985). Today's notice proposes to amend the DOE test procedures in order to establish procedures to accurately 

### 12342 Federal Register 

## I Vol. 52, No. 72 

## I Wednesday, April 15, 1987 

## I Proposed Rules

DEPARTMENT OF ENERGY



### 'flce of Conservation and mewable Energy

10 CFR 

### Part 430
[Docket No. CE-RM-82-130) 

### Energy Conservation Program for Consumer Products; Test Procedures for Dishwashers

AGENCY: Office ofConservation and Renewable Energy. DOE.
ACTION: Notice ofproposed rulemaking and public hearing.

SUMMARY: The Department ofEnergy hereby proposes to amend its test procedures for dishwashers in order to establish procedures to accurately determine the estimated annual operating cost and the energy factor for dishwashers that operate with 50 of inlet water and that utilize an electrical supply voltage of240 volts. DOE is interested in receiving comment on the appropriateness ofrevising test procedures for all types of dishwashers with respect to the assigned value for inlet water temperature. These test procedures are a part ofthe energy conservation program for consumer products established pursuant to the Energy Policy and Conservation Act, as

'lended by the National Energy Jnservation Policy Act. The purpose ofthis notice ofproposed rulemaking is to provide interested persons an opportunity to comment on the proposed rule and to invite interested persons to participate in the rulemaking process. DATES; Written comments on the proposed rule must be received by June 15.1987.

Oral views, data. and arguments may be presented at the public hearing to be held in Washington. DC, onMay 28. Requests to speak at the hearing must be received by the Department no later than 4:00 p.m., May 26,1967.

Seven copies ofthe statement ofeach speaker for this hearing should be submitted at the hearing.

The length ofeach presentation is limited to 20 minutes.
ADDRESSES: Written comments. statements and requests are to be submitted to: U.S. Department ofEnergy, Office ofConservation andRenewable Energy, Office ofHearings and Dockets, Dishwasher TestProcedures. Docket No. CE-RM-82-130, Room 68-025, Forrestal Building. 1000 Independence Avenue SW

.. Washington, DC 20585. (202) 586- "320.

The hearing will begin at 9:30 a.m., on .ay 28, and will be held at the U.S. Department ofEnergy. Forrestal Building, Room lE-245, 1000 Independence Avenue SW., Washington, DC.

Copies ofthe transcript of the public hearing and public comments received may be obtained from the DOEFreedom ofInformation Reading Room, U.S. Department ofEnergy. Room 1E-1oo. 1000 Independence Avenue SW., Washington. DC 20585. (202) 586-6Q2O. between the hours of9:00 a.m. and4:00 p.m., Monday through Friday. except Federal holidays.

For more information concerning public participation in this rulemaking proceeding, see section "III. Public Comment Procedures" ofthis notice. FOR FURTHER INFORMATION CONTACT: Michael

## J. McCabe, U.S. Department of

Energy. Conservation and Renewable

. Energy, Mail Station CE-132, Room GF-217, ForrestalBuilding, 1000 Independence Avenue SW.• Washington. DC 20585. (202) 586-91.27 Eugene Margolis, Esq

.. U.S. Department

ofEnergy. Office ofGeneralCounsel. Mail Station GC-12, Room 6B-128, ForrestalBuilding. 1000 Independence Avenue SW., Washington, DC 20585, (202) 586-9507 U.S. Department ofEnergy.

Conservation and RenewableEnergy. Office ofHearings andDockets, Room 68-025. Forrestal Building. 1000 Independence Avenue SW.• Washington. DC 20585, (202) 586-9320
SUPPlEMENTARY INFORMATION:
I.Background

Part B ofTitle III ofthe Energy Policy and Conservation Act (EPCA) (Pub 1.. 94-163), as amended by the National Energy Conservation Policy Act (NECPA) (Pub. L. 95-619),1 created the Energy Conservation Program for ConsymerProducts OtherThan Automobiles. Among otherprogram elements. sections 323 ofthe Act requires that standard methods of testing be prescribed for covered products. including dishwashers. Test procedW'es appear at 10 CFR Part 430, SubpartB.

Test procedures for dishwashel'll were prescribed on August 3, 1977 (42 FR 39964. August B, 1977). DOE amended the energy conservation program for consumer products by notice iaaued September lB. 1980 [45 FR 64108, September 26, 1980). so that the Assistant Secretary for Conservation and SolarEnergy (now called Conservation and Renewable Energy)

I Part BorTitle 1lI ofEPCA 00 amandedby NECPA. 42 U.S.C. 6291-6309, i.referred \0 in !bit notice as the "Act." can temporarily waive test procedure requirements for a particular product. Waivers can be granted when design characteristics for the particular product either prevent testing ofthe 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. On November 14. 1986. DOE issued a rule amending the test procedure waiver process to allow the Assistant Secretary for Conservation and Renewable Energy to grant an interim waiver to manufacturers. In addition the rule made minor revisions
to the petition for waiverprocedures [51 FR 42823. November 26, 1986). Section 10 CFR 430.27(m) states:

Within one year ofthe granting ofany waiver. the Department ofEnergy will publish in the Federal Register a notice of proposed rulemaking to amend its regulations

80 as to eliminate any need for the continuation of such waiver. As soon thereafter as practicable. the Department of Energy will publish in the Federal Register 8 final rule. Such waiver will terminate on the effective date ofsuch final rule.

The dishwasher test procedures prescribed in 1977 were based on dishwashers using 140°F inlet water and operating with an electrical supply voltage of115 volts. DOE amended the test procedures on Feburary 23, 1983, in order to accurately determine the estimated annual operating cost and energy factor for dishwashers that operate with 120·F inlet water (48 FR 9202, March 3. 1983).

ANDI-CO Appliances. Inc. (ANDlCO) is an agent for a foreign appliance manufacturer that produces dishwashers. These dishwashers, in the normalmode. use cold water [50·F) only and heat it to a designated program· selected temperature and use an electrical supply voltage of240 volts. ANDI-CO requested DOE to exclude these dishwashers from the prescribed
testprocedures. OnAugust 12. 1984, ANDI-CO filed a Petition for Waiver of DOE's dishwasher test procedures for twomodels, Favorit Models 263 and 265. ANDI-CO claimed that these dishwashers incorporate features which

are not addressed in the existing test procedures, and consequently. cannot be adequately tested under existing DOE test procedures for dishwashers. DOE granted a waiver and established

an alternate test procedure for these models on May 8, 1985 [SO FR 21488, May 24. 1985).

Today's notice proposes to amend 

### the DOE test procedures in order to establish procedures to aCfurately 

### 12342 Federal Register 

## I Vol. 52, No. 72 

## I Wednesday, April 15, 1987 

## I Proposed Rules

DEPARTMENT OF ENERGY



### 'flce of Conservation and mewable Energy

10 CFR 

### Part 430
[Docket No. CE-RM-82-130) 

### Energy Conservation Program for Consumer Products; Test Procedures for Dishwashers

AGENCY: Office ofConservation and Renewable Energy. DOE.
ACTION: Notice ofproposed rulemaking and public hearing.

SUMMARY: The Department ofEnergy hereby proposes to amend its test procedures for dishwashers in order to establish procedures to accurately determine the estimated annual operating cost and the energy factor for dishwashers that operate with 50 of inlet water and that utilize an electrical supply voltage of240 volts. DOE is interested in receiving comment on the appropriateness ofrevising test procedures for all types of dishwashers with respect to the assigned value for inlet water temperature. These test procedures are a part ofthe energy conservation program for consumer products established pursuant to the Energy Policy and Conservation Act, as

'lended by the National Energy Jnservation Policy Act. The purpose ofthis notice ofproposed rulemaking is to provide interested persons an opportunity to comment on the proposed rule and to invite interested persons to participate in the rulemaking process. DATES; Written comments on the proposed rule must be received by June 15.1987.

Oral views, data. and arguments may be presented at the public hearing to be held in Washington. DC, onMay 28. Requests to speak at the hearing must be received by the Department no later than 4:00 p.m., May 26,1967.

Seven copies ofthe statement ofeach speaker for this hearing should be submitted at the hearing.

The length ofeach presentation is limited to 20 minutes.
ADDRESSES: Written comments. statements and requests are to be submitted to: U.S. Department ofEnergy, Office ofConservation andRenewable Energy, Office ofHearings and Dockets, Dishwasher TestProcedures. Docket No. CE-RM-82-130, Room 68-025, Forrestal Building. 1000 Independence Avenue SW

.. Washington, DC 20585. (202) 586- "320.

The hearing will begin at 9:30 a.m., on .ay 28, and will be held at the U.S. Department ofEnergy. Forrestal Building, Room lE-245, 1000 Independence Avenue SW., Washington, DC.

Copies ofthe transcript of the public hearing and public comments received may be obtained from the DOEFreedom ofInformation Reading Room, U.S. Department ofEnergy. Room 1E-1oo. 1000 Independence Avenue SW., Washington. DC 20585. (202) 586-6Q2O. between the hours of9:00 a.m. and4:00 p.m., Monday through Friday. except Federal holidays.

For more information concerning public participation in this rulemaking proceeding, see section "III. Public Comment Procedures" ofthis notice. FOR FURTHER INFORMATION CONTACT: Michael

## J. McCabe, U.S. Department of

Energy. Conservation and Renewable

. Energy, Mail Station CE-132, Room GF-217, ForrestalBuilding, 1000 Independence Avenue SW.• Washington. DC 20585. (202) 586-91.27 Eugene Margolis, Esq

.. U.S. Department

ofEnergy. Office ofGeneralCounsel. Mail Station GC-12, Room 6B-128, ForrestalBuilding. 1000 Independence Avenue SW., Washington, DC 20585, (202) 586-9507 U.S. Department ofEnergy.

Conservation and RenewableEnergy. Office ofHearings andDockets, Room 68-025. Forrestal Building. 1000 Independence Avenue SW.• Washington. DC 20585, (202) 586-9320
SUPPlEMENTARY INFORMATION:
I.Background

Part B ofTitle III ofthe Energy Policy and Conservation Act (EPCA) (Pub 1.. 94-163), as amended by the National Energy Conservation Policy Act (NECPA) (Pub. L. 95-619),1 created the Energy Conservation Program for ConsymerProducts OtherThan Automobiles. Among otherprogram elements. sections 323 ofthe Act requires that standard methods of testing be prescribed for covered products. including dishwashers. Test procedW'es appear at 10 CFR Part 430, SubpartB.

Test procedures for dishwashel'll were prescribed on August 3, 1977 (42 FR 39964. August B, 1977). DOE amended the energy conservation program for consumer products by notice iaaued September lB. 1980 [45 FR 64108, September 26, 1980). so that the Assistant Secretary for Conservation and SolarEnergy (now called Conservation and Renewable Energy)

I Part BorTitle 1lI ofEPCA 00 amandedby NECPA. 42 U.S.C. 6291-6309, i.referred \0 in !bit notice as the "Act." can temporarily waive test procedure requirements for a particular product. Waivers can be granted when design characteristics for the particular product either prevent testing ofthe 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. On November 14. 1986. DOE issued a rule amending the test procedure waiver process to allow the Assistant Secretary for Conservation and Renewable Energy to grant an interim waiver to manufacturers. In addition the rule made minor revisions
to the petition for waiverprocedures [51 FR 42823. November 26, 1986). Section 10 CFR 430.27(m) states:

Within one year ofthe granting ofany waiver. the Department ofEnergy will publish in the Federal Register a notice of proposed rulemaking to amend its regulations

80 as to eliminate any need for the continuation of such waiver. As soon thereafter as practicable. the Department of Energy will publish in the Federal Register 8 final rule. Such waiver will terminate on the effective date ofsuch final rule.

The dishwasher test procedures prescribed in 1977 were based on dishwashers using 140°F inlet water and operating with an electrical supply voltage of115 volts. DOE amended the test procedures on Feburary 23, 1983, in order to accurately determine the estimated annual operating cost and energy factor for dishwashers that operate with 120·F inlet water (48 FR 9202, March 3. 1983).

ANDI-CO Appliances. Inc. (ANDlCO) is an agent for a foreign appliance manufacturer that produces dishwashers. These dishwashers, in the normalmode. use cold water [50·F) only and heat it to a designated program· selected temperature and use an electrical supply voltage of240 volts. ANDI-CO requested DOE to exclude these dishwashers from the prescribed
testprocedures. OnAugust 12. 1984, ANDI-CO filed a Petition for Waiver of DOE's dishwasher test procedures for twomodels, Favorit Models 263 and 265. ANDI-CO claimed that these dishwashers incorporate features which

are not addressed in the existing test procedures, and consequently. cannot be adequately tested under existing DOE test procedures for dishwashers. DOE granted a waiver and established

an alternate test procedure for these models on May 8, 1985 [SO FR 21488, May 24. 1985).

Today's notice proposes to amend 

### the DOE test procedures in order to establish procedures to aCfurately

### Federal Register / Vol. 52, No. 72 / Wednesday, April 15, 1987 / Proposed Rules

determine the estimated annual operating cost and energy factor for dishwashers that operate with 50°F inlet water and utilize an electrical supply voltage of 240 volts.


### H. Discussion .In its petition, ANDI-CO stated that DOE's test procedure requirements for measurement of energy consumption yields an inaccurate estimate of the annual operating cost of dishwashers designed to operate with cold inlet water. In consideration of the ANDI-CO petition, DOE, by Decision and Order prescribed, on May 8, 1985 (50 FR 21488, May 24,1985), excluded the Favorit Models 263 and 285 dishwashers from the prescribed test procedures and established an alternative test procedure for these models. This waiver remains in effect until DOE prescribes final test procedures suitable to dishwashers that operate with cold inlet water and utilize an electrical supply voltage of 240 volts. Also, in accordance with 10 CFR 430.27 (h), DOE must publish in the Federal Register a notice of proposed rulemaking appropriate to such dishwashers. Today's proposed test procedures for dishwashers satisfies this requirement and reflects the alternate test procedure established in the May 8, 1985, Decision and Order.
a. Water Temperatures The dishwasher test procedure requirements for measurement of energy consumption are based upon an inlet water temperature to the dishwasher from the water heater of either 140°F or 120°F and a nominal water heater temperature rise of 90°F or 70°F, respectively. Based upon these inlet water temperatures and nominal water heater temperature rises, the inlet water temperature to the water heater assigned in prior test procedures for dishwashers has been 50°F., (Le, 140 less 90, or 120 less 70). In order to be consistent across product types for all dishwashers, the cold inlet water temperature assigned in the ANDI-CO waiver was 50°F. 

### DOE is proposing that the water supply temperature for dishwashers using cold inlet water (50°F) be maintained between 48°F and 52°F and the water be heated to above 120'F in at least one wash phase of the normal cycle. DOE and NBS have examined the
matter of average inlet water temperature to water heaters. Specifically, in a report entitled "A Review of Energy Use Factors for Selected Household Applicances." NBSIR 85-3220, August 1985, NBS expanded the basis of a national average water inlet temperature by conducting a population-weighted analysis. Using a U.S. Geological Survey map, a single representative water heater inlet temperature was estimated for each State. Each State's temperature was then weighted by that State's estimated number of water heaters in order to compute a national average. On this basis, NBS recommended an average inlet temperature of 58°F for water heaters. The proposed inlet water temperature for dishwashers using cold inlet water (50°F) differs from that being proposed in a recent amendment of the water heater test procedures, where 58'F is proposed as the national average inlet water temperature for all types of water heaters, with 58°Ft2°F used for laboratory tests. See 51 FR 7972 (March 13, 1987). Similar to dishwashers using 120°F inlet water, DOE is proposing that dishwashers using cold inlet water (50°F) be tested with a test load of eight place settings plus six serving pieces as specified in the Association of Home Appliance Manufacturers Standard DW-1. DOE is proposing that the annual operating cost for dishwashers that use cold inlet water (50°F) be based on machine energy and that water heater energy not be included, as with dishwashers using 140°F or 120°F inlet water, because the dishwasher does not use inlet water that has been heated by the house water heater. DOE is interested in receiving comment on the appropriateness of revising these test procedures for all types of dishwashers with respect to the assigned value for inlet water temperature. 

### b. Electrical Supply

ANDI-CO also stated that the DOE test procedures do not provide for testing units designed to operate with an electrical supply voltage of 240 volts. The test procedure only provides for testing dishwashers designed to operate with an electrical supply voltage of 115 volts. DOE is proposing that electrical supply to dishwashers using cold inlet water (50°F) be maintained within two percent of 240 volts and within one percent of the nameplate frequency as specified by the manufacturer. It is DOE's understanding that dishwashers operating with cold inlet water (50°F) are the only dishwashers likely to utilize an electrical supply voltage of 240 volts. DOE is interested in comments on this point

. DOE is also interested in receiving comment on the need for extending these new procedures to include dishwashers which may use 

### 1233

other than electric energy as the means for heating cold inlet water.

M. Public Comment Procedures a. Participation in Rulemaking

DOE has established a comment period of 80 days following publication of this Notice, for persons to submit written Comments on this proposal. All written comments and transcript of the public hearing will be available for review in the DOE Freedom of Information Reading Room. Interested
persons may obtain copies of these documents by writing to the DOE Freedom of Information Reading Room at the address specified at the beginning of this Notice. Such persons are advised to contact the DOE Freedom of Information Room in advance of such requests to determine if there will be any charges associated with satisfying their request. Also, persons interested in obtaining a copy of the transcript of the public hearing have the option of purchasing it directly from the transcribing reporter for the public bearing. The identity of the transcribing reporter for the public hearing may be determined by contacting the person in DOE's Conservation and Renewable Energy Office of Hearings and Dockets whose address and telephone number appear at the beginning of this notice.

b. Written Comment Procedures
Interested persons are invited to participate in this rulemaking by submitting data, views, or arguments with respect to the proposed amendment set forth in this Notice to the address indicated at the beginning of the notice.
Comments should be identified on the outside of the envelope and on documents submitted to DOE with the designation "Dishwasher Test Procedures (Docket No. CE -RM-82- 130)." Seven (7) copies are requested to be submitted. All comments received by the date specified at the beginning of this Notice and all other relevant information will be considered by DOE before final action is taken on the proposed regulation. Pursuant to the provisions of 10 CFR 1004.11, any person submitting information which he or she believes to be confidential and exempt by law from public disclosure should submit one complete copy of the document

, and six (6) copies

, if possible, from which the information believed to be confidential has been deleted. DOE will make its own determination with regard to the confidential status of the information and treat it according to its determination. 

### Federal Register 

## I Vol. 52. 

### No. 72 

## I Wednesday. 

### April 15. 1987 

## I Proposed Rules**123~3**



### detennine the estimated annual operating cost and energy factor for dishwashers that operate with SOOF inlet
waterand utilize an electrical supply voltage of240 volts.


# n. Discussion

,In its petition. ANDI-CO stated that DOE's test procedure requirements for measurement ofenergy consumption yields an inaccurate estimate ofthe annual operating cost ofdishwashers designed to operate with cold inlet water. In consideration ofthe ANDI-CO petition. DOE. byDecision and Order prescribed. on May 8, 

### 1985 (SO 

### FR 21488. May 24. 

### 1985). excluded the Favorit Models 263 

### and 265 

### dishwashers from the prescribed testprocedures and established an alternative test procedure for these models. This waiver remains in effect until DOE prescribes final test procedures suitable to dishwashers that operate with cold inlet water and utilize an electrical supply voltage of240 

### volts. Also. in accordance with 10 

### CFR 430.27 (h). 

### DOE must publish in the Federal Register a notice ofproposed rulemaking appropriate to such dishwashers. Today'sproposed test procedures for dishwashers satisfies this requirement andreflects the alternate test procedure established in the May 8, 

### 1985. Decision and Order.



### a. 

### Water Temperatures

The dishwasher test procedure requirements for measurement ofenergy consumption 

### are based upon an inlet watertemperature to the dishwasher from the waterheater ofeither 14O"F or 12O"F and a nominal waterheater temperature rise of90°F or 70"F. respectively. Based upon these inlet water temperatures and nominal water heater temperature rises. the inlet water temperature to the waterheater assigned in prior test procedures for dishwashers has been sooF.• (i.e

.. 140 les8 90. or 120 les8 70). In order to be consistent across product types for all dishwashers. the cold inlet water temperature assigned in the ANDI-CO waiverwas sooF.

DOE is proposing that the water supply temperaturefor dishwashers using cold inlet water (SO°F) be maintained between 48°F and 5Z0F and the waterbeheated to above 120"F in at least one wash phase ofthe normal cycle.

'DOE and NBS have examined the matter ofaverage inlet water temperature to water heaters. Specifically. in a report entitled "A Review ofEnergy Use Factors for Selected Household Applicances." NBSIR 85-3220. August 1985. NBS expanded the basis ofa national average waterinlet temperature by conducting a population-weighted analysis. Using a U.S. Geological Survey map. a single representative water heater inlet temperature was estimated for each State. Each State's temperature

was then weighted by that State's estimated number ofwaterheaters in order to compute a national average. On this basis. NBS 

### recommended an , average inlet temperature of5S0F for

. waterheaters. The proposed inlet water temperature for dishwashers using cold inlet water (SO"F) differs from that being proposed in a recent amendment ofthe
waterheatertest procedures. where saOF is proposed as the national average inlet watertemperature for all types of water heaters. with sa"F±Z·F used for laboratory tests. 

### See 51 

### FR 7972 (March 13. 

### 1987).

Similar to dishwashers using 120·F inlet water, DOE is proposing that dishwashers using cold inlet water (SOaF) 

### be tested with a test load ofeight place settings plus six serving pieces as specified in the Association ofHome Appliance Manufacturers Standard 

### OW-l. DOE is proposing that the annual operating cost for dishwashers that use cold inlet water (SO"F) be based on machine energy and that waterheater energy not be included. as with dishwashers using 140"F or 120"Finlet water. because the dishwasher does not

use inlet waterthathas been heated by the house waterheater.

DOE is interested in receiving
comment on the appropriateness of revising these test procedures for all types ofdishwashers with respect to the assigned value for inlet water temperature. 

### b.ElecUicalSupply

ANDI-CO also stated that the DOE test procedures do not provide for testing units designed to operate with an electrical supply voltage of240 

### volts. The test procedure only provides for testing dishwashers designed to operate with an electrical supply voltage of 115 

### volts.

DOE is proposing that electrical supply to dishwashers using cold inlet water (SO°F) be maintained within two percent of240

### volts and within one percent ofthe nameplate frequency as specified by the manufacturer. It

### is DOE's understanding that dishwashers operating with cold inlet water (SO"F)



### are the only dishwashers likely to utilize

an electrical 8upply voltage of240 

### volts. DOE is Interested in comments on this point. DOE is also interested in receiving comment on the need for extending these new procedures to include dishwashers which may use Ji#i 

## Ai_

other than electric energy as the means for heating cold inlet water.



## m. Public Comment Procedures



### a. Participation in Rulemaking

DOE has established a comment period of60 

### days following publicalion ofthis Notice. for persons to submit written comments on this proposal. All written comments and transcript ofthe publichearing will be available for review in the DOE Freedom of Infonnation Reading Room. Interested persons may obtain copies ofthese documents by writing to the DOE Freedom ofInfonnation Reading Room at the address specified at the beginning of

### this Notice. Such persons are advised
to contact the DOE Freedom of Information Room in advance of such requests to determine ifthere will be any charges associated with satisfying theirrequest. Also. persons interested in obtaining a copy ofthe transcript ofthe public hearing have the option of purchasing it 

### directly from the transcribing reporter for the public

. bearing. The identity ofthe transcribing reporter for the public hearing may be detennined by contacting the person in DOE's Conservation andRenewable Energy Office ofHearings and Dockets whose address and telephone number appear at the beginning ofthis notice.



### b. Written CommentProcedures

Interested persons are invited to participate in this rulemaking by submitting data. views, or arguments with respect to the proposed amendment
setforth in this Notice to the address indicated at the beginning ofthe notice.

Comments should be identified on the outside ofthe envelope and on documents submitted to DOE with the designation "DishwasherTest Procedures (Docket No. CE -RM-82- 

### 130)." Seven (7) copies are requested to be submitted. All comments received by the date specified at the beginning of this Notice and all otherrelevant infonnation will be considered by DOE before final action is taken on the proposed regulation. Pursuant to 

### the provisions of10 CFR 

### 1004.11, any person submitting information which he or she believes to be confidential and exempt by law from public disclosure should submit one complete copy ofthe document. and six (6) copies. ifpossible. from which the infonnation believed to be confidential has been deleted. DOE will make its own determination with regard to the confidential status ofthe infonnation and treat it 

### according to its detennination. 

### Federal Register 

## I Vol. 52. 

### No. 72 

## I Wednesday. 

### April 15. 1987 

## I Proposed Rules**123~3**



### detennine the estimated annual operating cost and energy factor for dishwashers that operate with SOOF inlet
waterand utilize an electrical supply voltage of240 volts.


# n. Discussion

,In its petition. ANDI-CO stated that DOE's test procedure requirements for measurement ofenergy consumption yields an inaccurate estimate ofthe annual operating cost ofdishwashers designed to operate with cold inlet water. In consideration ofthe ANDI-CO petition. DOE. byDecision and Order prescribed. on May 8, 

### 1985 (SO 

### FR 21488. May 24. 

### 1985). excluded the Favorit Models 263 

### and 265 

### dishwashers from the prescribed testprocedures and established an alternative test procedure for these models. This waiver remains in effect until DOE prescribes final test procedures suitable to dishwashers that operate with cold inlet water and utilize an electrical supply voltage of240 

### volts. Also. in accordance with 10 

### CFR 430.27 (h). 

### DOE must publish in the Federal Register a notice ofproposed rulemaking appropriate to such dishwashers. Today'sproposed test procedures for dishwashers satisfies this requirement andreflects the alternate test procedure established in the May 8, 

### 1985. Decision and Order.



### a. 

### Water Temperatures

The dishwasher test procedure requirements for measurement ofenergy consumption 

### are based upon an inlet watertemperature to the dishwasher from the waterheater ofeither 14O"F or 12O"F and a nominal waterheater temperature rise of90°F or 70"F. respectively. Based upon these inlet water temperatures and nominal water heater temperature rises. the inlet water temperature to the waterheater assigned in prior test procedures for dishwashers has been sooF.• (i.e

.. 140 les8 90. or 120 les8 70). In order to be consistent across product types for all dishwashers. the cold inlet water temperature assigned in the ANDI-CO waiverwas sooF.

DOE is proposing that the water supply temperaturefor dishwashers using cold inlet water (SO°F) be maintained between 48°F and 5Z0F and the waterbeheated to above 120"F in at least one wash phase ofthe normal cycle.

'DOE and NBS have examined the matter ofaverage inlet water temperature to water heaters. Specifically. in a report entitled "A Review ofEnergy Use Factors for Selected Household Applicances." NBSIR 85-3220. August 1985. NBS expanded the basis ofa national average waterinlet temperature by conducting a population-weighted analysis. Using a U.S. Geological Survey map. a single representative water heater inlet temperature was estimated for each State. Each State's temperature

was then weighted by that State's estimated number ofwaterheaters in order to compute a national average. On this basis. NBS 

### recommended an , average inlet temperature of5S0F for

. waterheaters. The proposed inlet water temperature for dishwashers using cold inlet water (SO"F) differs from that being proposed in a recent amendment ofthe
waterheatertest procedures. where saOF is proposed as the national average inlet watertemperature for all types of water heaters. with sa"F±Z·F used for laboratory tests. 

### See 51 

### FR 7972 (March 13. 

### 1987).

Similar to dishwashers using 120·F inlet water, DOE is proposing that dishwashers using cold inlet water (SOaF) 

### be tested with a test load ofeight place settings plus six serving pieces as specified in the Association ofHome Appliance Manufacturers Standard 

### OW-l. DOE is proposing that the annual operating cost for dishwashers that use cold inlet water (SO"F) be based on machine energy and that waterheater energy not be included. as with dishwashers using 140"F or 120"Finlet water. because the dishwasher does not

use inlet waterthathas been heated by the house waterheater.

DOE is interested in receiving
comment on the appropriateness of revising these test procedures for all types ofdishwashers with respect to the assigned value for inlet water temperature. 

### b.ElecUicalSupply

ANDI-CO also stated that the DOE test procedures do not provide for testing units designed to operate with an electrical supply voltage of240 

### volts. The test procedure only provides for testing dishwashers designed to operate with an electrical supply voltage of 115 

### volts.

DOE is proposing that electrical supply to dishwashers using cold inlet water (SO°F) be maintained within two percent of240

### volts and within one percent ofthe nameplate frequency as specified by the manufacturer. It

### is DOE's understanding that dishwashers operating with cold inlet water (SO"F)



### are the only dishwashers likely to utilize

an electrical 8upply voltage of240 

### volts. DOE is Interested in comments on this point. DOE is also interested in receiving comment on the need for extending these new procedures to include dishwashers which may use Ji#i 

## Ai_

other than electric energy as the means for heating cold inlet water.



## m. Public Comment Procedures



### a. Participation in Rulemaking

DOE has established a comment period of60 

### days following publicalion ofthis Notice. for persons to submit written comments on this proposal. All written comments and transcript ofthe publichearing will be available for review in the DOE Freedom of Infonnation Reading Room. Interested persons may obtain copies ofthese documents by writing to the DOE Freedom ofInfonnation Reading Room at the address specified at the beginning of

### this Notice. Such persons are advised
to contact the DOE Freedom of Information Room in advance of such requests to determine ifthere will be any charges associated with satisfying theirrequest. Also. persons interested in obtaining a copy ofthe transcript ofthe public hearing have the option of purchasing it 

### directly from the transcribing reporter for the public

. bearing. The identity ofthe transcribing reporter for the public hearing may be detennined by contacting the person in DOE's Conservation andRenewable Energy Office ofHearings and Dockets whose address and telephone number appear at the beginning ofthis notice.



### b. Written CommentProcedures

Interested persons are invited to participate in this rulemaking by submitting data. views, or arguments with respect to the proposed amendment
setforth in this Notice to the address indicated at the beginning ofthe notice.

Comments should be identified on the outside ofthe envelope and on documents submitted to DOE with the designation "DishwasherTest Procedures (Docket No. CE -RM-82- 

### 130)." Seven (7) copies are requested to be submitted. All comments received by the date specified at the beginning of this Notice and all otherrelevant infonnation will be considered by DOE before final action is taken on the proposed regulation. Pursuant to 

### the provisions of10 CFR 

### 1004.11, any person submitting information which he or she believes to be confidential and exempt by law from public disclosure should submit one complete copy ofthe document. and six (6) copies. ifpossible. from which the infonnation believed to be confidential has been deleted. DOE will make its own determination with regard to the confidential status ofthe infonnation and treat it 

### according to its detennination.

### 12344 Federal Register / Vol. 52, No. 72 / Wednesday, April 15, 1987 / Proposed Rules

Factors of interest to DOE, when evaluating requests to treat as 

### 'idential information that has been fitted, include: (1) A description of item; (2) an indication as to whether and why such items of information have been treated by the submitting party as confidential, and whether and why such items are customarily treated as confidential within the industry; (3) whether the information is generally known or available from other sources; (4) whether the information has previously been made available to others without obligation concerning its confidentiality; (5) an explanation of the competitive injury to the submitting person which would result from public disclosure; (6) an indication as to when such information might lose its confidential character due to the
passage of time, and (7) whether disclosure of the information would be in the public interest. 

### c. Public Hearing 1. Procedures for Submitting Requests to Speak. The time and place of the public hearing are indicated at the beginning of this notice. DOE invites any person who has an interest in today's proposed rule, or who is a representative of a group or class of persons that has an interest in the posed rule, to make a written request an opportunity to make an oral sentation. Such requests should be afrected to the address indicated at the beginning of this notice and must be received by the time specified at the beginning of this notice. Requests may be hand delivered to such address between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, except Federal Holidays. Requests should be labeled "Dishwasher Test Procedures (Docket No. CE -RM-82-130)" both on the document and on the envelope. The person making the request should briefly describe the interest concerned and give a telephone number where he or she may be contacted. 

### DOE will notify speakers of the time they have been scheduled to speak at the hearing. Each person to be heard is requested to submit seven (7) copies of his or her statement at the hearing. In the event any person wishing to testify cannot meet this requirement. alternative arrangements can be made with the Office ofHearings and Dockets in advance of the hearing by so indicating in the letter requesting to make an oral presentation. Each presentation shall be limited to 20 minutes. A DOE official will be designated to 9side at the hearing. The hearing will •t be a judicial or an evidentiary-type hearing, but will be conducted in accordance with 5 U.S.C. 533 and section 336 of the Act. At the conclusion 

### of all initial oral statements, each person who has made an oral statement will be given the opportunity to make a rebuttal statement. The rebuttal statements will be given in the order in which the initial statements were made and will be subject to time limitations. Any interested person who wishes to ask a question at the hearing may submit the question in writing to the presiding officer to be asked of any person making a statement at the hearing. The presiding officer will determine whether the question is relevant and whether time limitations permit it to be presented for answer. Any further procedural rules regarding proper conduct of the hearing will be announced by the persiding officer.

IV. Environmental Review Pursuant to section 7(c)(2) of the Federal Energy Administration Act of 1974, a copy of this notice has been submitted to the Administrator of the Environmental Protection Agency for his comments concerning the impact of this proposal on the quality of the environment Since test procedures under the energy conservation program for

consumer products will be used only to standardize the measurement of energy
usage, and will not affect the quality of distribution of energy usage, prescribing test procedures will not result in any environmental impacts. DOE, therefore has determined that prescribing test procedures under the energy conservation program for consumer products clearly is not a major Federal action significantly affecting the quality of the human environment within the meaning of the National Environment Policy Act of 1969. Consequently, neither

-an Environmental Impact Statement nor an Environmental Assessment is required for the proposed rule.

V. Review Under Executive Order 12291 The proposed rule has been reviewed in accordance with Executive Order 12291 which 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 "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 the United States-based enterprises to compete with foreignbased enterprises in domestic or export markets: The proposed rule would make only minorvhanges in the test procedures for dishwashers to allow for more accurate determinations of estimated annual operating cost and energy factor. Therefore, DOE has determined that this proposed rule does not come within the definition of "major rule". 

### VI. Regulatory Flexibility Act
The Regulatory Flexibility Act, Pub. L. 96-345 (5 U.S.G. 601-812), requires that
an agency prepare an initial regulatory flexibility analysis to be published. This requirement (which appears in section 803) does not apply if the agency "certifies that the rule will not, if promulgated, have a significant economic impact on a substantial number of small entities ." The proposed rule affects manufacturers of dishwashers. As previously discussed, the proposed changes would not have significant economic impacts, but rather would simply improve the test procedures. Therefore, DOE certifies that the proposed rule, if promulgated, would not have a "significant economic impact on a substantial number of small entities." 

### In consideration of the foregoing, it is proposed to amend Part 430 of Chapter II of Title 10, Code of Federal Regulations, as set forth below.
List of Subjects in 10 CFR Part 430
Administrative practice and 

### procedure, energy conservation, household appliances.
Issued in Washington. DC, March 26, 1987. Donna R. Fitzpatrick,
Assistant Secretary, Conservation and Renewable Energy.



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

1. The authority citation for Part 430 continues to read as follows:
Authority: Energy Policy and Conservation Act, Title III, Part B

, as amended by National Energy Conservation Policy Act, Title IV, Part 2, (42 U. S.C. 8291-6309). 1. Section 430.22 is amended by adding paragraphs (c) (1)(iii) and (2)(iii) as follows: 

### 12344 Federal Register 

## I Vol. 52, 

### No. 72 

## I Wednesday, April 15, 1987 

## I Proposed Rules

Factors ofinterest to DOE, when pvaluating requests to treat as 'idential information thathas been litted, include: (1) A description of

__**~** item; (2) an indication as to whether and why such items ofinfonnation have been treatedby the submitting party as confidential, and whether and why such items are customarily treated as confidential within the industry; (3) whether the infonnation is generally known or available from other sources; (4) whether the information has previously been made available to others without obligation concerning its confidentiality; (5) an explanation ofthe competitive injury to the submitting person which would result from public disclosure; (6) an indication as to when such infonnation might lose 

### its confidential character due to the passage oftime; and (7) whether disclosure ofthe information wouldbe in the public interest.



### c. PublicHearing

1. Procedures for SubmittingRequests
to Speak. The time andplace ofthe public hearing areindicated at the beginning ofthis notice. DOE invites any person who has aninterest in today's proposed rule, orwho is 

### a representative of a group or class of
persons thathas an interest in the**~f)posed** rule, to make a written request

an opportunity to make an oral sentation. Such requests should be U1rected to the address indicated atthe beginning ofthis notice and must be receivedby the time specified at the beginning ofthis notice. Requests may be hand delivered to such address betweenthe hours of 8:30 a.m. and 4:30 p.m., Mondaythrough Friday, except FederalHolidays. Requests should be labeled "DishwasherTestProcedures (Docket No. CE -RM-82-130)" both on the document and on the envelope. The person making the request should briefly describe the interest concerned and give

a telephone number where he or she may be contacted.

DOE willnotify speakers ofthe time they have been scheduled to speak at the hearing. Eachperson to be heard is requested to submit seven (7) copies of his orher statement atthe hearing.

In the event anypersonwishing to testify cannotmeet this requirement. alternative arrangements canbe made with the Office ofHearings and Dockets in advance ofthehearing by so indicatinginthe letterrequesting to make an oralpresentation.Each presentation shall be limited to 20 minutes.

A DOE official will be designated to**~side** at the hearing. The hearing

### will
.t be a judicial or an evidentiary-type hearing, but will be conducted in accordance with 5U.S.C. 533 and section 336 ofthe Act. At the conclusion ofall initial oral statements, each person who has made an oral statement will be given the opportunity to make a rebuttal
statement.The rebuttal statements will begiven in the order in which the initial
statements were made and will be subject to time limitations.

Any interestedperson who wishes to ask a question at the hearing may submit the question in writing to the presiding officer to be asked ofany personmaking a statement at the hearing. The presiding officerwill determine whether the questionis relevant andwhethertime limitations permit it tobepresented for answer.

Anyfurther procedural rules regarding proper conduct ofthe hearing will be announcedby the persiding officer.
IV.Environmental Review

Pursuant to section 7(c)(2) of the Federal Energy Administration Act of 1974, a copy ofthis notice hasbeen submitted to the Administrator ofthe EnvironmentalProtection Agencyfor his
comments concerning the impact ofthis proposal on the quality ofthe environment.

Since test procedures under the energy conservation program for

consumerproducts will be used only to standardize the measurement ofenergy usage, and willnot affect the quality of distribution ofenergy usage. prescribing
testprocedures 

### will not result in any environmental impacts. DOE. therefore has determined thatprescribing test procedures under the energy conservationprogramfor consumer products clearly is not a majorFederal action significantly affecting the quality ofthehuman environment within the meaning ofthe NationalEnvironment Policy Act of 1969. Consequently, neitheroanEnvironmentalImpact Statementnor anEnvironmental Assessment is required for the proposed rule.



### V. Review

### UnderExecutive 

### Order 12291

The proposedrule has beenreviewed in accordance with Executive Order 12291 which directs that all regulations achieve theirintended goals without imposing unnecessaryburdens on the economy, on individuals, on public or private organizations, or on State and local governments.TheExecutive Order also requires thatregulatory impact analyses be preparedfor "major rules". The'Executive Orderdefines "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 majorincrease incosts orprices 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 ofthe United States-based enterprises to compete with foreignbased enterprises in domestic or export markets:



### The proposedrule would make only minor'Changes in the testprocedures for dishwashers to allow for more accurate determinations ofestimated annual operatingcost and energy factor. Therefore, DOE has determined that this proposed rule does not come within the definition of "majorrule".
VI. Regulatory Flexibility Act

The Regulatory Flexibility Act, Pub. L. 96-345 (5 U.S.C. 601-812). requires that

an agency prepare an initial regulatory flexibility analysis to be published. This requirement (which appears in section 603) does not apply ifthe agency "certifies that the rule will not, if promulgated, have a significant economicimpact on a substantial number of small entities." The proposed rule affects manufacturers of dishwashers. As previously discussed. the proposed changes would not have significant economicimpacts. but rather would simply improve the test procedures. Therefore, DOE certifies that the proposed rule, ifpromulgated. would nothave a "significant economic impact on a substantialnumber ofsmall entities."

In consideration ofthe foregoing. it is proposedto amendPart 430 of Chapter II ofTitle 10, Code ofFederal Regulations, as set forth below.

List ofSubjects in 10 CFR Part 430

Administrative practice and procedure, energy conservation. household appliances.

baued inWashington. DC, March 26. 1987. Donna R. Fitzpatrick, AssistantSecretary. Conservation and RenewableEnergy.

PART 430-ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

1. The authority citation for Part 430 continues to read as follows:

Authority: Energy Policy and Conservation Act. Title 1lI, Part B. a8 amendedby National Energy ConservationPolicy Act. Title IV. Part Z. [42 U.S.c. 6291-6309).

1. Section 430.22 is amendedby adding paragraphs (c) (1)(iii) and (Z)(iii)

as follows: 

### 12344 Federal Register 

## I Vol. 52, 

### No. 72 

## I Wednesday, April 15, 1987 

## I Proposed Rules

Factors ofinterest to DOE, when pvaluating requests to treat as 'idential information thathas been litted, include: (1) A description of

__**~** item; (2) an indication as to whether and why such items ofinfonnation have been treatedby the submitting party as confidential, and whether and why such items are customarily treated as confidential within the industry; (3) whether the infonnation is generally known or available from other sources; (4) whether the information has previously been made available to others without obligation concerning its confidentiality; (5) an explanation ofthe competitive injury to the submitting person which would result from public disclosure; (6) an indication as to when such infonnation might lose 

### its confidential character due to the passage oftime; and (7) whether disclosure ofthe information wouldbe in the public interest.



### c. PublicHearing

1. Procedures for SubmittingRequests
to Speak. The time andplace ofthe public hearing areindicated at the beginning ofthis notice. DOE invites any person who has aninterest in today's proposed rule, orwho is 

### a representative of a group or class of
persons thathas an interest in the**~f)posed** rule, to make a written request

an opportunity to make an oral sentation. Such requests should be U1rected to the address indicated atthe beginning ofthis notice and must be receivedby the time specified at the beginning ofthis notice. Requests may be hand delivered to such address betweenthe hours of 8:30 a.m. and 4:30 p.m., Mondaythrough Friday, except FederalHolidays. Requests should be labeled "DishwasherTestProcedures (Docket No. CE -RM-82-130)" both on the document and on the envelope. The person making the request should briefly describe the interest concerned and give

a telephone number where he or she may be contacted.

DOE willnotify speakers ofthe time they have been scheduled to speak at the hearing. Eachperson to be heard is requested to submit seven (7) copies of his orher statement atthe hearing.

In the event anypersonwishing to testify cannotmeet this requirement. alternative arrangements canbe made with the Office ofHearings and Dockets in advance ofthehearing by so indicatinginthe letterrequesting to make an oralpresentation.Each presentation shall be limited to 20 minutes.

A DOE official will be designated to**~side** at the hearing. The hearing

### will
.t be a judicial or an evidentiary-type hearing, but will be conducted in accordance with 5U.S.C. 533 and section 336 ofthe Act. At the conclusion ofall initial oral statements, each person who has made an oral statement will be given the opportunity to make a rebuttal
statement.The rebuttal statements will begiven in the order in which the initial
statements were made and will be subject to time limitations.

Any interestedperson who wishes to ask a question at the hearing may submit the question in writing to the presiding officer to be asked ofany personmaking a statement at the hearing. The presiding officerwill determine whether the questionis relevant andwhethertime limitations permit it tobepresented for answer.

Anyfurther procedural rules regarding proper conduct ofthe hearing will be announcedby the persiding officer.
IV.Environmental Review

Pursuant to section 7(c)(2) of the Federal Energy Administration Act of 1974, a copy ofthis notice hasbeen submitted to the Administrator ofthe EnvironmentalProtection Agencyfor his
comments concerning the impact ofthis proposal on the quality ofthe environment.

Since test procedures under the energy conservation program for

consumerproducts will be used only to standardize the measurement ofenergy usage, and willnot affect the quality of distribution ofenergy usage. prescribing
testprocedures 

### will not result in any environmental impacts. DOE. therefore has determined thatprescribing test procedures under the energy conservationprogramfor consumer products clearly is not a majorFederal action significantly affecting the quality ofthehuman environment within the meaning ofthe NationalEnvironment Policy Act of 1969. Consequently, neitheroanEnvironmentalImpact Statementnor anEnvironmental Assessment is required for the proposed rule.



### V. Review

### UnderExecutive 

### Order 12291

The proposedrule has beenreviewed in accordance with Executive Order 12291 which directs that all regulations achieve theirintended goals without imposing unnecessaryburdens on the economy, on individuals, on public or private organizations, or on State and local governments.TheExecutive Order also requires thatregulatory impact analyses be preparedfor "major rules". The'Executive Orderdefines "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 majorincrease incosts orprices 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 ofthe United States-based enterprises to compete with foreignbased enterprises in domestic or export markets:



### The proposedrule would make only minor'Changes in the testprocedures for dishwashers to allow for more accurate determinations ofestimated annual operatingcost and energy factor. Therefore, DOE has determined that this proposed rule does not come within the definition of "majorrule".
VI. Regulatory Flexibility Act

The Regulatory Flexibility Act, Pub. L. 96-345 (5 U.S.C. 601-812). requires that

an agency prepare an initial regulatory flexibility analysis to be published. This requirement (which appears in section 603) does not apply ifthe agency "certifies that the rule will not, if promulgated, have a significant economicimpact on a substantial number of small entities." The proposed rule affects manufacturers of dishwashers. As previously discussed. the proposed changes would not have significant economicimpacts. but rather would simply improve the test procedures. Therefore, DOE certifies that the proposed rule, ifpromulgated. would nothave a "significant economic impact on a substantialnumber ofsmall entities."

In consideration ofthe foregoing. it is proposedto amendPart 430 of Chapter II ofTitle 10, Code ofFederal Regulations, as set forth below.

List ofSubjects in 10 CFR Part 430

Administrative practice and procedure, energy conservation. household appliances.

baued inWashington. DC, March 26. 1987. Donna R. Fitzpatrick, AssistantSecretary. Conservation and RenewableEnergy.

PART 430-ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

1. The authority citation for Part 430 continues to read as follows:

Authority: Energy Policy and Conservation Act. Title 1lI, Part B. a8 amendedby National Energy ConservationPolicy Act. Title IV. Part Z. [42 U.S.c. 6291-6309).

1. Section 430.22 is amendedby adding paragraphs (c) (1)(iii) and (Z)(iii)

as follows:

### Federal Register / Vol. 52, No. 72 / Wednesday, April 15, 1987 / Proposed Rules

§ 430.22 Test procedures for measures of energy consumption.
* * * * * (c) * * * (1) * * * (iii) When cold water (50'F) is used, the product of the following three factors: 

### (A) The representative average use cycle of 322 cycles per year times, (B) The product of the per-cycle machine electrical energy consumption for the normal cycle in kilowatt-hours per cycle, determined according to 4.3 of Appendix C to this subpart; and (C) The representative average unit cost in dollars per kilowatt-hours as provided by the Secretary, the resulting product then being rounded off to the nearest dollar per year. (2) * * * 

### (iii) When cold water (50'F) is used, the product of the following three factors: (A) The representative average use cycle of 322 cycles per year, 

### (B) One-half the sum of (1) The total per-cycle energy consumption for the normal cycle as defined in 1.3 of Appendix C to this subpart plus (2) The truncated normal cycle as defined in 1.5 of Appendix C to this subpart, each in kilowatt-hours and determined according to 4.4 of Appendix C to this subpart, and 

### (C) the representative average unit cost in dollars per kilowatt-hour as provided by the Secretary, the resulting product then being rounded off to the nearest dollar per year. * * * * 2. Subpart B of Part 430 is amended by revising paragraphs 1.6 and 2.7 and adding paragraphs 2.2.1, 2.2.2, 2.3.3, 2.6.2, 3.2.3, and 4.3.3 to Appendix C as follows:
Appendix C to Subpart B of Part 430- Uniform Test Method for Measuring the Energy Consumption of Dishwashers
* * * * 1.6 "Water Heating Dishwasher" means a dishwasher which is designed for heating cold inlet water (nominal 50'F) or a dishwasher for which the manufacturer recommends operation with a nominal inlet water temperature of 120'F, and may operate at either of these inlet water temperatures by providing internal water heating in at least one wash phase of the normal cycle.

* * * * * 2.2.1 Dishwashers that operate with an electrical supply of 115 volts. Maintain the electrical supply to the dishwasher within two percent of 115 volts 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 volts. Maintain the electrical supply to the dishwasher within two percent of 240 volts and within one percent of its nameplate frequency as specified by the manufacturer. * * * * *

2.3.3 Dishwashers to be tested at a nominal 50'F inlet water temperature. Maintain the 

### 12345

water supply temperature between 48'F and 52'F.

2.8.2 Dishwashers to be tested at a nominal inlet water temperature of 50'F or 120'F. The dishwasher shall be tested on normal cycle and the truncated normal cycle with a test load of eight place settings plus six serving pieces as specified in section 6.1.1 of AHAM Standard DW-1. If the capacity of the dishwasher, as stated by the manufacturer is less than eight place settings then the test load shall be that capacity. 2.7 Testing requirements. Provisions in this Appendix pertaining to dishwashers which operate with a nominal inlet temperature of 50'F or 120'17 shall apply only to water heating dishwashers.

3.2.3 Dishwashers that operate with a nominal inlet water temperature of 50'F. 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 2.3.3 of this Appendix. Use a kilowatt-hour meter havinga resolution no larger than 0.001 kilowatthour and a maximum error no greater than one percent. * * * * 4.3.3 Dishwashers that operate with a nominal inlet water temperature of 50'F. Use the measured value recorded at 3.2.3 as the per-cycle machine electrical consumption, M. expressed in kilowatt-hours per-cycle.

* * [FR Doc. 87-8390 Filed 4-14-87; 8:45 am]
1LUNG CODE 6450-01-N 

### Federal Register 

## I Vol. 

### 52. No. 

### 72 

## I Wednesday. April 15. 1987 

## I Proposed Rules 12345

§ 430.22 Test procedures for measures of energy consumption.



# .. 

# .. (c)

.. • • (1) ••• 

### (iii) When cold water (SOOF) 

### is used. the product ofthe following three factors:

(A) The representative average use cycle of3ZZ 

### cycles per year times.

(8) The product ofthe per-cycle machine electrical energy consumption for the normal cycle in kilowatt-hours per cycle. determined according to 4.3 of Appendix C to this subpart; and

(C) 

### The representative average unit
cost in dollars perkilowatt-hours as provided by the Secretary. the resulting product then being rounded offto the
nearest dollar peryear.

(2) • • • 

### (iii) When cold water (50°F) is used. the product ofthe following three factors:

[A) The representative average use cycle of322 cycles per year.

(8) One-halfthe sum of (1) 

### The total per-cycle energy consumption for the normal cycle as defll1ed in 1.3 ofAppendix C to this subpart plus

(2) The truncated normal cycle as defined in 1.5 ofAppendix C to this subpart, each in kilowatt-hours and determined according to 4.4 ofAppendix C to this subpart. and

(C) 

### the representative average unit
cost in dollars perkilowatt-hour as provided by the Secretary. the resulting product then being rounded off to the
nearest dollar per year.



# .. 

# .. .. 

# ..

2. 

### Subpart 8 ofPart 430 is amended by revising paragraphs 1.6 and 2.7 

### and adding paragraphs 2.2.1. 2.2.2. 2.3.3. 2.6,2, 3.2.3. and4.3.3 to Appendix C as follows: Appendix C to Subpart B ofPart 430- Uniform Test Method for Measuring the Energy Consumption ofDishwashers' 

## " * * 

# .. ..

1.6 "WaterHeating Dishwasher" meaRS a dishwasher which is designed for heating cold inlet water (nominal SO°F) or a dishwasher for which the manufacturer recommends operation with a nominal inlet
watertemperature of120°F. and may operate at either ofthese inlet water temperatures by providing internal waterheating in at least

one washphase ofthe normal cycle.



# .. 

# .. .. ..

2.2.1 Dishwashers that operate with an electrical supply of115 volts. Maintain the electrical supply to the dishwasher within
two percent of 115 volts and within one percent ofthe nameplate frequency as specified by the manufacturer.

2.2.2 Dishwashers that operate with an electrical supply of240 volts. Maintain the electrical supply to the dishwasher within
two percent of240 volts and within one percent ofits nameplate frequency as specified by the manufacturer.



# .. ..

2.S.3 Dishwashers to be tested at a nominal SOOF inlet water temperature. Maintain the water supply temperature between 4S0F and 52°F.



# .. • 

# ..

2.6.2 Dishwashers to be tested at a nominal inletwatertemperature ofSOOF or 120'F. The dishwasher shall be tested on normal cycle and the truncated nonnal cycle with a test load ofeight place settings plus six serving pieces as specified in section 6.1.1 ofAHAM StandardDW-l. Ifthe capacity ofthe dishwasher, as stated by the manufacturer is

JellS than eight place settings then the test

. load shall be that capacity.

< 2.7 Testing requirements. Provisions in this Appendix pertaining to dishwashers which operate with a nominal inlet temperature of SO'F or 120'F shall apply only to water heating dishwashers.



# .. 3.2.3 Dishwashers that operate with a nominal inlet water temperature ofSO'F. Measure the machine electrical energy consumption. M. specified as the number of ·ltilowatt-hours ofelectrical energy consumed during the entire test cycle using a water supply temperature 8S set forth in 2.3.3 ofthis Appendix. Use a kilowatt-hour meter having

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

one percent. 

### *

..

4.3.3 Dishwashers that operate with a nominal inlet water temperature ofSO'F. Use the measured value recorded at 3.2.3 as the per-cycle machine electrical consumption, M, expressed in kilowatt-hours per-cycle. * [FR Doc. 87-8390 Filed 4-14-a7; 8:45 am]

"'WHO CODE 8450-01

.... 

### Federal Register 

## I Vol. 

### 52. No. 

### 72 

## I Wednesday. April 15. 1987 

## I Proposed Rules 12345

§ 430.22 Test procedures for measures of energy consumption.



# .. 

# .. (c)

.. • • (1) ••• 

### (iii) When cold water (SOOF) 

### is used. the product ofthe following three factors:

(A) The representative average use cycle of3ZZ 

### cycles per year times.

(8) The product ofthe per-cycle machine electrical energy consumption for the normal cycle in kilowatt-hours per cycle. determined according to 4.3 of Appendix C to this subpart; and

(C) 

### The representative average unit
cost in dollars perkilowatt-hours as provided by the Secretary. the resulting product then being rounded offto the
nearest dollar peryear.

(2) • • • 

### (iii) When cold water (50°F) is used. the product ofthe following three factors:

[A) The representative average use cycle of322 cycles per year.

(8) One-halfthe sum of (1) 

### The total per-cycle energy consumption for the normal cycle as defll1ed in 1.3 ofAppendix C to this subpart plus

(2) The truncated normal cycle as defined in 1.5 ofAppendix C to this subpart, each in kilowatt-hours and determined according to 4.4 ofAppendix C to this subpart. and

(C) 

### the representative average unit
cost in dollars perkilowatt-hour as provided by the Secretary. the resulting product then being rounded off to the
nearest dollar per year.



# .. 

# .. .. 

# ..

2. 

### Subpart 8 ofPart 430 is amended by revising paragraphs 1.6 and 2.7 

### and adding paragraphs 2.2.1. 2.2.2. 2.3.3. 2.6,2, 3.2.3. and4.3.3 to Appendix C as follows: Appendix C to Subpart B ofPart 430- Uniform Test Method for Measuring the Energy Consumption ofDishwashers' 

## " * * 

# .. ..

1.6 "WaterHeating Dishwasher" meaRS a dishwasher which is designed for heating cold inlet water (nominal SO°F) or a dishwasher for which the manufacturer recommends operation with a nominal inlet
watertemperature of120°F. and may operate at either ofthese inlet water temperatures by providing internal waterheating in at least

one washphase ofthe normal cycle.



# .. 

# .. .. ..

2.2.1 Dishwashers that operate with an electrical supply of115 volts. Maintain the electrical supply to the dishwasher within
two percent of 115 volts and within one percent ofthe nameplate frequency as specified by the manufacturer.

2.2.2 Dishwashers that operate with an electrical supply of240 volts. Maintain the electrical supply to the dishwasher within
two percent of240 volts and within one percent ofits nameplate frequency as specified by the manufacturer.



# .. ..

2.S.3 Dishwashers to be tested at a nominal SOOF inlet water temperature. Maintain the water supply temperature between 4S0F and 52°F.



# .. • 

# ..

2.6.2 Dishwashers to be tested at a nominal inletwatertemperature ofSOOF or 120'F. The dishwasher shall be tested on normal cycle and the truncated nonnal cycle with a test load ofeight place settings plus six serving pieces as specified in section 6.1.1 ofAHAM StandardDW-l. Ifthe capacity ofthe dishwasher, as stated by the manufacturer is

JellS than eight place settings then the test

. load shall be that capacity.

< 2.7 Testing requirements. Provisions in this Appendix pertaining to dishwashers which operate with a nominal inlet temperature of SO'F or 120'F shall apply only to water heating dishwashers.



# .. 3.2.3 Dishwashers that operate with a nominal inlet water temperature ofSO'F. Measure the machine electrical energy consumption. M. specified as the number of ·ltilowatt-hours ofelectrical energy consumed during the entire test cycle using a water supply temperature 8S set forth in 2.3.3 ofthis Appendix. Use a kilowatt-hour meter having

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

one percent. 

### *

..

4.3.3 Dishwashers that operate with a nominal inlet water temperature ofSO'F. Use the measured value recorded at 3.2.3 as the per-cycle machine electrical consumption, M, expressed in kilowatt-hours per-cycle. * [FR Doc. 87-8390 Filed 4-14-a7; 8:45 am]

"'WHO CODE 8450-01

....