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

CE-RM-82-130 COMMENT 08

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 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 of 

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 'lended by the National Energy 

Jnservation 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 26,1967. 

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 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 of Energy. Forrestal 

Building, Room lE-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-1oo. 

1000 Independence Avenue SW., 

Washington. DC 20585. (202) 586-6Q2O. 

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) 586-91.27 

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) 586-9507 

U.S. Department of Energy. 

Conservation and Renewable Energy. 

Office of Hearings and Dockets, Room 

68-025. Forrestal Building. 1000 

Independence Avenue SW .• Washington. DC 20585, (202) 586-9320 

SUPPlEMENTARY INFORMATION: 

I. Background 

Part B of Title III of the 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 

Consymer 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 

procedW'es appear at 10 CFR Part 430, 

Subpart B. 

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 Solar Energy (now called 

Conservation and Renewable Energy) 

I Part B or Title 1lI ofEPCA 00 amanded by 

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 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 

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 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. (ANDlCO) 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 program· 

selected 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 [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 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 of 

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 'lended by the National Energy 

Jnservation 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 26,1967. 

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 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 of Energy. Forrestal 

Building, Room lE-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-1oo. 

1000 Independence Avenue SW., 

Washington. DC 20585. (202) 586-6Q2O. 

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) 586-91.27 

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) 586-9507 

U.S. Department of Energy. 

Conservation and Renewable Energy. 

Office of Hearings and Dockets, Room 

68-025. Forrestal Building. 1000 

Independence Avenue SW .• Washington. DC 20585, (202) 586-9320 

SUPPlEMENTARY INFORMATION: 

I. Background 

Part B of Title III of the 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 

Consymer 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 

procedW'es appear at 10 CFR Part 430, 

Subpart B. 

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 Solar Energy (now called 

Conservation and Renewable Energy) 

I Part B or Title 1lI ofEPCA 00 amanded by 

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 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 

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 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. (ANDlCO) 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 program· 

selected 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 [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.

CE-RM-82-130 COMMENT 08

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 

water and utilize an electrical supply 

voltage of 240 volts. 

n. 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 (SO FR 21488. 

May 24. 1985). excluded the Favorit 

Models 263 and 265 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 14O"F or 12O"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 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 

waiver was sooF. 

DOE is proposing that the water 

supply temperature for dishwashers 

using cold inlet water (SO°F) be 

maintained between 48°F and 5Z0F 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 5S0F for . 

water heaters. The proposed inlet water 

temperature for dishwashers using cold 

inlet water (SO"F) differs from that being 

proposed in a recent amendment of the 

water heater test procedures. where 

saOF is proposed as the national average 

inlet water temperature 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 of eight 

place settings plus six serving pieces as specified in the Association of Home 

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 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.ElecUicalSupply 

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 (SO°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 (SO"F) 

are the only dishwashers likely to utilize an electrical 8upply 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 

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 of 60 days following publica lion 

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 

Infonnation Reading Room. Interested 

persons may obtain copies of these 

documents by writing to the DOE 

Freedom of Infonnation 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 

detennined 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 

infonnation 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 infonnation believed to 

be confidential has been deleted. DOE 

will make its own determination with 

regard to the confidential status of the 

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 

water and utilize an electrical supply 

voltage of 240 volts. 

n. 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 (SO FR 21488. 

May 24. 1985). excluded the Favorit 

Models 263 and 265 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 14O"F or 12O"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 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 

waiver was sooF. 

DOE is proposing that the water 

supply temperature for dishwashers 

using cold inlet water (SO°F) be 

maintained between 48°F and 5Z0F 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 5S0F for . 

water heaters. The proposed inlet water 

temperature for dishwashers using cold 

inlet water (SO"F) differs from that being 

proposed in a recent amendment of the 

water heater test procedures. where 

saOF is proposed as the national average 

inlet water temperature 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 of eight 

place settings plus six serving pieces as specified in the Association of Home 

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 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.ElecUicalSupply 

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 (SO°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 (SO"F) 

are the only dishwashers likely to utilize an electrical 8upply 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 

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 of 60 days following publica lion 

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 

Infonnation Reading Room. Interested 

persons may obtain copies of these 

documents by writing to the DOE 

Freedom of Infonnation 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 

detennined 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 

infonnation 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 infonnation believed to 

be confidential has been deleted. DOE 

will make its own determination with 

regard to the confidential status of the 

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 of Hearings 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:

CE-RM-82-130 COMMENT 08

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

Factors of interest to DOE, when 

pvaluating requests to treat as 

'idential information that has been 

litted, include: (1) A description of __ ~ item; (2) an indication as to whether 

and why such items of infonnation 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 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 of the 

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 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 ~f)posed rule, to make a written request 

an opportunity to make an oral 

sentation. Such requests should be 

U1rected 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 of Hearings 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 

~side 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, 

neitheroan 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: {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 the United States-based 

enterprises to compete with foreignbased enterprises in domestic or export 

markets: 

The proposed rule would make only 

minor 'Changes 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.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 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. 

baued 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 1lI, Part B. a8 amended by National 

Energy Conservation Policy Act. Title IV. Part 

Z. [42 U.S.c. 6291-6309). 

1. Section 430.22 is amended by 

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 of interest to DOE, when 

pvaluating requests to treat as 

'idential information that has been 

litted, include: (1) A description of __ ~ item; (2) an indication as to whether 

and why such items of infonnation 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 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 of the 

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 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 ~f)posed rule, to make a written request 

an opportunity to make an oral 

sentation. Such requests should be 

U1rected 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 of Hearings 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 

~side 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, 

neitheroan 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: {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 the United States-based 

enterprises to compete with foreignbased enterprises in domestic or export 

markets: 

The proposed rule would make only 

minor 'Changes 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.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 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. 

baued 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 1lI, Part B. a8 amended by National 

Energy Conservation Policy Act. Title IV. Part 

Z. [42 U.S.c. 6291-6309). 

1. Section 430.22 is amended by 

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 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 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

CE-RM-82-130 COMMENT 08

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 of the following three 

factors: 

(A) The representative average use 

cycle of 3ZZ cycles per year times. 

(8) 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. 

(8) One-half the sum of 

(1) The total per-cycle energy 

consumption for the normal cycle as 

defll1ed 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 8 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" 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 

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.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 

inlet water temperature of SOOF or 120'F. The 

dishwasher shall be tested on normal cycle 

and the truncated nonnal cycle with a test 

load of eight place settings plus six serving 

pieces as specified in section 6.1.1 of AHAM 

Standard DW-l. If the capacity of the 

dishwasher, as stated by the manufacturer is 

JellS than eight place settings then the tes t 

. 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 of SO'F. 

Measure the machine electrical energy 

consumption. M. specified as the number of 

·ltilowatt-hours of electrical energy consumed 

during the entire test cycle using a water 

supply tempera ture 8S set forth in 2.3.3 of this 

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 of SO'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 of the following three 

factors: 

(A) The representative average use 

cycle of 3ZZ cycles per year times. 

(8) 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. 

(8) One-half the sum of 

(1) The total per-cycle energy 

consumption for the normal cycle as 

defll1ed 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 8 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" 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 

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.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 

inlet water temperature of SOOF or 120'F. The 

dishwasher shall be tested on normal cycle 

and the truncated nonnal cycle with a test 

load of eight place settings plus six serving 

pieces as specified in section 6.1.1 of AHAM 

Standard DW-l. If the capacity of the 

dishwasher, as stated by the manufacturer is 

JellS than eight place settings then the tes t 

. 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 of SO'F. 

Measure the machine electrical energy 

consumption. M. specified as the number of 

·ltilowatt-hours of electrical energy consumed 

during the entire test cycle using a water 

supply tempera ture 8S set forth in 2.3.3 of this 

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 of SO'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 ....