[Federal Register Volume 66, Number 243 (Tuesday, December 18, 2001)]
[Rules and Regulations]
[Pages 65091-65097]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-30980]



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Federal Register / Vol. 66, No. 243 / Tuesday, December 18, 2001 / 
Rules and Regulations

[[Page 65091]]



DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

10 CFR Part 430

[Docket No. EE-RM/TP-99-500]
RIN 1904-AB04


Energy Conservation Program for Consumer Products: Test Procedure 
for Dishwashers

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Department of Energy (We, DOE, or the Department) today 
amends its test procedure for dishwashers. This amendment revises the 
number of cycles per year used for calculating the estimated annual 
operating cost, changes the definitions of compact and standard models, 
and modifies some of the testing specifications to improve testing 
repeatability. These amendments to the test procedure do not alter the 
minimum energy conservation standards currently in effect for 
dishwashers.

EFFECTIVE DATES: This rule is effective June 17, 2002. The 
incorporation by reference of certain publications listed in this rule 
is approved by the Director of the Federal Register as of June 17, 
2002.

ADDRESSES: You can read copies of all materials related to this 
rulemaking in the Freedom of Information Reading Room (Room 1E-190) at 
the U.S. Department of Energy, Forrestal Building, 1000 Independence 
Avenue, SW., Washington, DC 20585, between the hours of 9 a.m. and 4 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Barbara Twigg, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, EE-41, 1000 
Independence Avenue, SW, Washington, DC 20585-0121, (202) 586-8714, 
email: <a href="/cdn-cgi/l/email-protection#c4a6a5b6a6a5b6a5eab0b3ada3a384a1a1eaa0aba1eaa3abb2"><span class="__cf_email__" data-cfemail="6b090a19090a190a451f1c020c0c2b0e0e450f040e450c041d">[email protected]</span></a>; or Eugene Margolis, Esq., U.S. 
Department of Energy, Office of General Counsel, GC-72, 1000 
Independence Avenue, SW., Washington, DC 20585, (202) 586-9507, email: 
<a href="/cdn-cgi/l/email-protection#caafbfadafa4afe4a7abb8ada5a6a3b98aa2bbe4aea5afe4ada5bc"><span class="__cf_email__" data-cfemail="cbaebeacaea5aee5a6aab9aca4a7a2b88ba3bae5afa4aee5aca4bd">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: This final rule incorporates, by reference, 
the ``American National Standard, Household Electric Dishwashers, ANSI/
AHAM DW-1-1992'' published by the Association of Home Appliance 
Manufacturers (AHAM). You may obtain copies of the referenced standard 
AHAM DW-1 from the Association of Home Appliance Manufacturers, 1111 
19th Street, NW., Suite 402, Washington, DC 20036, (202) 872-5955. 
Information regarding this rulemaking is also available on the Office 
of Codes and Standards web site at the following address: http://
www.eren.doe.gov/buildings/codes__standards/index.htm.
I. Introduction
    A. Authority
    B. Background
    C. Summary of the Test Procedure Revisions
II. Discussion
    A. General Discussion
    B. Changes in Consumer Practices--Representative Average 
Dishwasher Use
    C. Improving Testing Repeatability
    D. New Definitions for Compact and Standard Models
III. Procedural Requirements
    A. Review Under the National Environmental Policy Act of 1969
    B. Review Under Executive Order 12866, ``Regulatory Planning and 
Review''
    C. Review Under the Regulatory Flexibility Act
    D. ``Takings'' Assessment Review
    E. Review Under Executive Order 13132, ``Federalism''
    F. Review Under the Paperwork Reduction Act
    G. Review Under Executive Order 12988, ``Civil Justice Reform''
    H. Review Under the Unfunded Mandates Reform Act of 1995
    I. Review Under the Treasury and General Government 
Appropriations Act, 1999
    J. Review Under Executive Order 13211
    K. Congressional Notification

I. Introduction

A. Authority

    Part B of Title III of the Energy Policy and Conservation Act, as 
amended (EPCA or Act), establishes the Energy Conservation Program for 
Consumer Products Other Than Automobiles (Program). The products 
currently subject to this Program (``covered products'') include 
residential dishwashers, the subject of today's final rule.
    Under the Act, the Program consists of three parts: testing, 
labeling, and the Federal energy conservation standards. The 
Department, in consultation with the National Institute of Standards 
and Technology (NIST), must amend or establish test procedures as 
appropriate for each of the covered products. Section 323 of EPCA, 42 
U.S.C. 6293. The purpose of the test procedures is to measure energy 
efficiency, energy use, or estimated annual operating cost of a covered 
product during a representative average use cycle or period of use. The 
test procedure must not be unduly burdensome to conduct. Section 
323(b)(3) of EPCA, 42 U.S.C. 6293(b)(3).
    If a test procedure is amended, DOE is required to determine to 
what extent, if any, the new test procedure would alter the measured 
energy efficiency or measured energy use of any covered product as 
determined under the existing test procedure. If DOE determines that an 
amended test procedure would alter the measured efficiency or measured 
energy use of a covered product, DOE is required to amend the 
applicable energy conservation standard accordingly. In determining the 
amended energy conservation standard, DOE is required to measure the 
energy efficiency or energy use of a representative sample of covered 
products that minimally comply with the existing standard. The average 
efficiency of these representative samples, tested using the amended 
test procedure, constitutes the amended standard. Section 323(e)(1) of 
EPCA, 42 U.S.C. 6293(e)(1). DOE has determined that today's amended 
test procedure does not alter the measured efficiency or measured 
energy use of dishwashers.
    Beginning 180 days after a test procedure for a product is 
prescribed, no manufacturer, distributor, retailer, or private labeler 
may make representations with respect to the energy use, efficiency, or 
cost of energy consumed by such products, except as reflected in tests 
conducted according to the DOE procedure. Section 323(c)(2) of EPCA, 42 
U.S.C. 6293(c)(2).

[[Page 65092]]

B. Background

    On September 28, 1999, the Department published a Notice of 
Proposed Rulemaking (proposed rule) (64 FR 52248) that proposed a new 
test procedure for residential dishwashers. The key technological 
development that triggered the need for revision was the introduction 
of adaptive control or soil-sensing models. Industry and government 
tests indicated that the existing test method using only clean dishes 
did not produce results that would accurately reflect the energy 
consumed by these machines in a real use environment. The Association 
of Home Appliance Manufacturers (AHAM) proposed a new approach for 
testing the soil-sensing models using a formula to weight and average 
the energy consumption of the minimum and maximum sensor normal cycles. 
We adapted that method and presented it for comment in the September 
28, 1999, proposed rule, along with several other issues such as the 
definitions for compact and standard models, a revision in the average 
number of times dishwashers are used each year, and some new 
specifications for improving testing repeatability. We held a public 
workshop on November 2, 1999, to discuss the proposed changes, with 
particular focus on the new method for testing soil-sensing or adaptive 
control models.
    However, because of the questions raised at the workshop and the 
need expressed by industry to gather additional data and explore 
alternatives to the proposed method for testing soil-sensing models, we 
reopened the comment period and extended the deadline for comments to 
February 14, 2000. Again, comments raised problems with the proposed 
method. Stakeholders questioned the data supporting the selection of 
the percentages used to reflect the relative amount of soil encountered 
by soil-sensing dishwashers in typical loads. (Natural Resources 
Defense Council (NRDC), No. 4 at 2, and Schleede, No. 8 at 3). Others 
cited insufficient knowledge as to how different machines would 
actually react to varying soil loads, that is, what length cycle would 
be triggered under different wash conditions. (Oregon Office of Energy 
(OOE), No. 9 at 1). One manufacturer commented that the original AHAM 
method did not do an adequate job of reflecting the performance of 
their machines' pressure-based, soil-sensing technology. (Whirlpool, 
No. 6 at 6).
    AHAM concluded that because of significant changes and variations 
in soil-sensing technology, it was premature to publish a new test 
method for those models at this time. AHAM cited the need for 
additional study by industry before their members could propose a new 
test procedure which would accurately test the response and performance 
of machines using a variety of soil-sensing technologies. They 
suggested that we divide the rulemaking into two parts with the 
following course of action: first, we should proceed to finalize the 
proposed modifications to improve testing reliability, revise the 
definitions for compact and standard models, and update the number of 
use cycles per year to reflect current consumer use patterns. However, 
AHAM recommended that we should wait to publish a new, comprehensive 
method for testing soil-sensing models until industry completed 
additional testing and proposed a new test procedure. (AHAM No. 12 at 
8).
    Following these comments, DOE further investigated the variety of 
soil-sensing technologies in the market. We determined that additional 
data and research were required before an adequate test procedure for 
all soil-sensing models could be devised. As a result, we agreed that 
it was premature to finalize a rulemaking for those models at this 
time. We also agreed that we should not wait to finalize the other 
proposed changes--the testing specifications, the definitions for 
compact and standard models, and the reduction in the average number of 
use cycles per year. These changes are needed to improve the 
reliability of the current test procedure, and to update the inputs for 
calculating the estimated operating cost of all models. Therefore, we 
are deferring the proposal of a new method for testing soil-sensing 
machines until NIST, industry, and other stakeholders complete the 
studies necessary for enacting a definitive test procedure. This final 
rule substantially retains the original test procedure, but adds new 
testing specifications, definitions, and a new number for average use 
cycles per year. We will continue to work with industry after this 
final rulemaking is enacted to develop a test procedure that accurately 
reflects the cycle performance of the variety of technologies used by 
soil-sensing machines. We anticipate that the final rule addressing 
soil-sensing dishwashers will be completed in 2003.

C. Summary of the Test Procedure Revisions

    The following are the major revisions to the dishwasher test 
procedure included in this final rule:
    1. Update the test procedure to reflect changes in consumer 
practices:
    <bullet> Reduce the representative average number of use cycles per 
year to 264; and
    <bullet> Base the definitions of compact and standard dishwashers 
on place-setting capacity.
    2. Improve testing repeatability:
    <bullet> Tighten the tolerance for ambient temperature;
    <bullet> Add more detail to test chamber installation 
requirements.; and
    <bullet> Add an instruction for manufacturers to run a conditioning 
cycle prior to the test.

II. Discussion

A. General Discussion

    While this final rule retains many of the improvements to the test 
procedure for measuring the energy use of dishwashers presented in the 
September 28, 1999, proposed rule, it also includes important changes. 
Most significantly, we are withdrawing the new method described in the 
proposed rule for testing adaptive control dishwashers. We are 
retaining the original method currently in effect for testing 
conventional and adaptive control dishwashers until we adopt, with the 
assistance of the dishwasher industry and other stakeholders, a new 
test method that will accurately test machines using a variety of 
sensor technologies. Manufacturers of soil-sensing machines will 
continue to record the energy consumption of those models by measuring 
the energy used when the dishwasher runs the specified load of clean 
dishes through the normal cycle.
    Although the Department recognizes the importance of determining a 
test method which will accurately reflect the energy performance of 
soil-sensing models under real life conditions, it became clear from 
all comments submitted during the Notice of Proposed Rulemaking process 
that additional research was necessary. Both industry and environmental 
advocates shared concerns that there was insufficient understanding of 
how the machines performed under ``typical'' soil conditions, and what 
those ``typical'' soil conditions actually were. The Natural Resources 
Defense Council (NRDC), for example, urged the Department not to ``make 
changes in the test procedure unless they are supported by data.'' 
(NRDC No. 4 at 1). AHAM stressed that ``there have been significant 
changes in technology with regard to soil-sensing dishwashers and there 
is still additional information needed on the usage of these units.'' 
(AHAM No. 12 at 8).
    The Department at first considered adopting an interim strategy for

[[Page 65093]]

improving, at least partially, the accuracy of the energy factors 
derived from tests of soil-sensing models using only clean dishes. One 
proposal was imposing a maximum cap on the energy factor that could be 
claimed from using the conventional test method. However, the lack of 
reliable, statistical information in this area was one issue of 
significant concern during the workshop and comment periods: how to 
ascertain, with accuracy, the typical soil load, and then understand 
how a variety of soil-sensing models will function in response to that 
load. Therefore, rather than focusing time, resources, and research on 
an interim proposal, we decided to concentrate on the development of a 
permanent test method. We have underway, for example, a research 
project to evaluate available information on consumer behavior 
regarding the soil levels of typical dishwasher loads. This study will 
assess the validity and adequacy of existing consumer behavior data, 
and suggest a means of relating the different consumer usage patterns 
with amounts and characteristics of food soils. This information will 
point the direction toward translating that average soil load into a 
repeatable test load for testing dishwashers with adaptive controls and 
soil sensors. It appears that using a repeatable soil load may be the 
only solution for accurately testing the energy and water consumption 
of a variety of adaptive control dishwashers.
    Although there are several existing soil tests for dishwashers, 
both national (such as the AHAM DW-1) and international, none of these 
currently satisfy our requirements for designing a normal test that is 
representative of the average soil load introduced by consumers. Since 
these methods test for both cleaning performance and energy 
consumption, they feature a very challenging soil load designed to be 
an extreme test of the dishwasher. However, it may be possible to use a 
reduced number of soiled dishes from one or a combination of these 
methods to represent normal soiling, recognizing the importance of test 
repeatability and the need to minimize test burden. We are exploring 
this possibility in conjunction with consumer use data and expect to 
present for comment a new test method for soil-sensing dishwashers in a 
proposed rule to be issued in 2002.

B. Changes in Consumer Practices--Representative Average Dishwasher Use

    In 1983, DOE amended the dishwasher test procedure to reduce the 
representative average use from 416 cycles per year to 322 cycles per 
year based on Proctor and Gamble (P&G) surveys of consumer use 
conducted prior to 1982. For this rulemaking, in looking for more 
recent data, the Department learned from industry that the Soap and 
Detergent Association (SDA) was now the source to be contacted for 
survey data obtained by detergent manufacturers. By averaging the SDA 
data for available years between 1985 and 1995, as discussed in the 
proposed rule, we calculated 264 as the average number of dishwasher 
use cycles per year.
    There were some issues raised at the public workshop regarding the 
SDA data. Energy Market & Policy Analysis (Schleede) asked about the 
statistical validity of the survey. (Schleede, Transcript at 19). The 
Oregon Office of Energy asked as to whether the survey considered such 
issues as family size. (OOE, Transcript at 23). Northwest Power 
Planning Council (NPPC) asked about household income and sample size of 
the data. (NPPC, Transcript at 29). At the workshop, NIST provided 
additional information regarding the detergent manufacturers' survey 
method, stating, ``The data below comes from our study contacting 
nationally representative panelists from the standpoint of geography, 
family size, age of homemaker, gender, income, and employment status. 
The data are obtained through an independent, outside research 
organization. This survey is run annually and has a base size of 1,500 
to 1,800 respondents.'' AHAM commented that the SDA data should be 
considered as an unbiased source of information because ``the 
manufacturers of dishwasher detergent have, if you will, a vested 
interest in making sure that the data is absolutely as accurate as they 
can do because they use it for inventory tracking, and to them it is 
extremely important to know exactly how much dishwasher detergent is 
going to be used.'' (AHAM, Transcript at 28). The Department believes 
the SDA data is the best there is regarding dishwasher usage in that it 
is based on the detergent industry's needs.
    AHAM agreed with the Department's decision to use 264 cycles per 
year as the average figure for dishwasher use. (AHAM, Transcript at 
21). Stephens thought the number could be higher because of an upswing 
in the SDA data for 1995-1996 and believed the data might extrapolate 
to a Pacific Northwest region 1998-1999 survey which tabulated 281 
cycles per year. Stephens recommended that we wait for 1997-1998 
detergent manufacturer data. (OOE, No. 9 at 2). Energy Market & Policy 
Analysis thought the 264 number was too high citing EIA's November 1999 
Residential Energy Consumption Survey as a source for consumer use 
data. (Schleede, No. 10 at 1). He stated that ``Data in the recently 
released EIA report indicates that your (DOE's) estimate of 264 
``cycles'' is excessive and that the correct number is approximately 
220 cycles (or less).'' (Schleede, No. 10 at 2).
    The Department notes that survey data on the annual usage of 
dishwashers are likely to vary from year to year. Rather than base its 
number on any particular one year, the Department prefers to take an 
average over several years in order to smooth out year to year 
variations. Regarding the use of the EIA data, NIST reviewed the EIA 
report which had surveyed 8,000 respondents nationwide and collected 
data on how often households use automatic dishwashers in an average 
week. The data, however, do not present a firm, clear figure for the 
number of dishwasher cycles per year because of the way the information 
was collected. In the report, the data are provided in bands 
categorizing dishwasher use per week along with the percentage of 
responses for each band (less than 4 times per week, 4 to 6 times per 
week, and at least once per day). In order to use the EIA data, DOE 
somehow would have to annualize the data or abandon the existing 
methodology. Neither the EIA data nor the option of abandoning the 
existing methodology were within the scope of the proposed rule. Rather 
than reopening the comment period or reproposing the rule for public 
comment, DOE has decided to continue studying the EIA data with a view 
toward possibly including it in the forthcoming notice of proposed 
rulemaking that would cover a test procedure for adaptive control 
models. In DOE's view, there is ample support in the record for the 
proposed figure of 264 cycles per year, and the improvement in accuracy 
that might come from use of the EIA data is not worth the delay in 
bringing this rulemaking to a conclusion.

C. Improving Testing Repeatability

    In the proposed rule, the Department discussed several changes to 
clarify the existing test procedure and improve its repeatability when 
multiple tests are conducted. Although the manufacturers agreed that 
such changes as tightening the tolerances for ambient temperature 
testing would improve reproducibility, they expressed concern over one 
item: the new definition for ``truncated normal cycle.'' AHAM stated 
that changing the word ``interrupted'' to ``preset'' would 
unnecessarily increase test burden by requiring additional test

[[Page 65094]]

runs. Many manufacturers were measuring the energy consumption at the 
end of the wash cycle, before the power dry, and recording that value 
as the machine energy consumption for the truncated normal cycle. The 
cycle was not terminated. The machine then was allowed to complete the 
power dry, and the energy consumption was measured and recorded as the 
value of the machine energy consumption for the normal cycle. The 
current test procedure (sections 2.6.1 and 2.6.2) calls for the user to 
average the water consumption for the normal and truncated normal 
cycles. However, the proposal in the proposed rule (section 1.10) 
called for a separate test cycle to be run for the truncated normal 
cycle in order to measure the amount of energy consumed during the air 
dry portion of the cycle. In the public hearing discussions the 
manufacturers claimed that the energy consumed during the air dry 
sequence was negligible, regardless of whether the action was to open a 
vent mechanically and let drying occur by natural convection, or 
whether mechanical drying was used to assist the air dry. After tests 
by NIST confirmed the claim that the energy consumption during the air 
dry sequence was indeed negligible, DOE concluded that a separate cycle 
need not be run. Under this final rule, manufacturers may continue to 
extract the normal and truncated normal energy consumption from a 
single test run.
    Thus, the original definition will be retained and reads: 
``Truncated Normal Cycle'' means the normal cycle interrupted to 
eliminate the power-dry feature after the termination of the last rinse 
operation.

D. New Definitions for Compact and Standard Models

    As discussed in the proposed rule, we are changing the definitions 
for determining compact and standard models. The new definitions of 
``compact dishwasher'' and ``standard dishwasher'' use place-setting 
capacity instead of the measurement of the width of the unit.

III. Procedural Requirements

A. Review Under the National Environmental Policy Act of 1969

    In this rule, the Department finalizes amendments to test 
procedures that may be used to implement future energy conservation 
standards for dishwashers. The Department has determined that this rule 
falls into a class of actions that are categorically excluded from 
review under the National Environmental Policy Act of 1969 (NEPA), 42 
U.S.C. 4321 et seq. The rule is covered by Categorical Exclusion A5, 
for rulemakings that interpret or amend an existing rule without 
changing the environmental effect, as set forth in the Department's 
NEPA regulations in appendix A to subpart D, 10 CFR part 1021. This 
final rule will not affect the quality or distribution of energy usage 
and, therefore, will not result in any environmental impacts. 
Accordingly, neither an environmental impact statement nor an 
environmental assessment is required.

B. Review Under Executive Order 12866, ``Regulatory Planning and 
Review''

    Today's final rule is not a ``significant regulatory action'' under 
Executive Order 12866, ``Regulatory Planning and Review.'' 58 FR 51735 
(October 4, 1993). Accordingly, today's action is not subject to review 
under the Executive Order by the Office of Information and Regulatory 
Affairs.

C. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act, 5 U.S.C. 601-612, requires that an 
agency prepare an initial regulatory flexibility analysis for any rule, 
for which a general notice of proposed rulemaking is required, that 
would have a significant economic effect on small entities unless the 
agency certifies that the proposed rule, if promulgated, will not have 
a significant economic impact on a substantial number of small 
entities. 5 U.S.C. 605.
    Today's rule prescribes test procedures that will be used to test 
compliance with energy conservation standards. The rule affects 
dishwasher test procedures and would not have a significant economic 
impact, but rather would provide common testing methods. Therefore DOE 
certifies that today's rule would not have a ``significant economic 
impact on a substantial number of small entities,'' and the preparation 
of a regulatory flexibility analysis is not warranted.

D. ``Takings'' Assessment Review

    DOE has determined pursuant to Executive Order 12630, 
``Governmental Actions and Interference with Constitutionally Protected 
Property Rights,'' 53 FR 8859 (March 18, 1988), that this regulation 
would not result in any takings which might require compensation under 
the Fifth Amendment to the United States Constitution.

E. Review Under Executive Order 13132, ``Federalism''

    Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4, 
1999), requires that regulations, rules, legislation, and any other 
policy actions be reviewed for any substantial direct effects on 
States, on the relationship between the Federal Government and the 
States, or in the distribution of power and responsibilities among 
various levels of Government. If there are substantial direct effects, 
then this Executive Order requires preparation of a Federalism 
assessment to be used in all decisions involved in promulgating and 
implementing a policy action.
    The rule published today would not regulate or otherwise affect the 
States. Accordingly, DOE has determined that preparation of a 
Federalism assessment is unnecessary.

F. Review Under the Paperwork Reduction Act

    No new information or record keeping requirements are imposed by 
this rulemaking. Accordingly, no OMB clearance is required under the 
Paperwork Reduction Act, 44 U.S.C. 3501 et seq.

G. Review Under Executive Order 12988, ``Civil Justice Reform''

    With respect to the review of existing regulations and the 
promulgation of new regulations, section 3(a) of Executive Order 12988, 
``Civil Justice Reform,'' 61 FR 4729 (February 7, 1996), imposes on 
Executive agencies the general duty to adhere to the following 
requirements: (1) Eliminate drafting errors and ambiguity; (2) write 
regulations to minimize litigation; and (3) provide a clear legal 
standard for affected conduct rather than a general standard and 
promote simplification and burden reduction. With regard to the review 
required by sections 3(a) and 3(b) of Executive Order 12988, it 
specifically requires that Executive agencies make every reasonable 
effort to ensure that the regulation: (1) Clearly specifies the 
preemptive effect, if any; (2) clearly specifies any effect on existing 
Federal law or regulation; (3) provides a clear legal standard for 
affected conduct while promoting simplification and burden reduction; 
(4) specifies the retroactive effect, if any; (5) adequately defines 
key terms; and (6) addresses other important issues affecting clarity 
and general draftsmanship under any guidelines issued by the Attorney 
General. Section 3(c) of Executive Order 12988 requires Executive 
agencies to review regulations in light of applicable standards in

[[Page 65095]]

sections 3(a) and 3(b) to determine whether they are met or it is 
unreasonable to meet one or more of them. DOE reviewed today's final 
rule under the standards of section 3 of the Executive Order and 
determined that, to the extent permitted by law, the final regulations 
meet the relevant standards.

H. Review Under the Unfunded Mandates Reform Act of 1995

    Section 202 of the Unfunded Mandates Reform Act of 1995 (``Unfunded 
Mandates Act'') requires that the Department prepare a budgetary impact 
statement before promulgating a rule that includes a Federal mandate 
that may result in expenditure by state, local, and tribal governments, 
in the aggregate, or by the private sector, of $100 million or more in 
any one year. The budgetary impact statement must include: (i) 
Identification of the Federal law under which the rule is promulgated; 
(ii) a qualitative and quantitative assessment of anticipated costs and 
benefits of the Federal mandate and an analysis of the extent to which 
such costs to state, local, and tribal governments may be paid with 
Federal financial assistance; (iii) if feasible, estimates of the 
future compliance costs and of any disproportionate budgetary effects 
the mandate has on particular regions, communities, non-Federal units 
of government, or sectors of the economy; (iv) if feasible, estimates 
of the effect on the national economy; and (v) a description of the 
Department's prior consultation with elected representatives of state, 
local, and tribal governments and a summary and evaluation of the 
comments and concerns presented.
    The Department has determined that the action today does not 
include a Federal mandate that may result in estimated costs of $100 
million or more to State, local or to tribal governments in the 
aggregate or to the private sector. Therefore, the requirements of 
Sections 203 and 204 of the Unfunded Mandates Act do not apply to this 
action.

I. Review Under the Treasury and General Government Appropriations Act, 
1999

    Section 654 of the Treasury and General Government Appropriations 
Act, 1999 (Pub. L. No. 105-277) requires Federal agencies to issue a 
Family Policymaking Assessment for any proposed rule or policy that may 
affect family well-being. Today's final rule would not have any impact 
on the autonomy or integrity of the family as an institution. 
Accordingly, DOE has concluded that it is not necessary to prepare a 
Family Policymaking Assessment.

J. Review Under Executive Order 13211

    Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 
(May 22, 2001), requires Federal agencies to prepare and submit to the 
Office of Information and Regulatory Affairs (OIRA), Office of 
Management and Budget, a Statement of Energy Effects for any proposed 
significant energy action. A ``significant energy action'' is defined 
as any action by an agency that promulgates or is expected to lead to 
the promulgation of a final rule, and that: (1) Is a significant 
regulatory action under Executive Order 12866, or any successor order; 
and (2) is likely to have a significant adverse effect on the supply, 
distribution, or use of energy; or (3) is designated by the 
Administrator of OIRA as a significant energy action. For any proposed 
significant energy action, the agency must give a detailed statement of 
any adverse effects on energy supply, distribution, or use should the 
proposal be implemented, and of reasonable alternatives to the action 
and their expected benefits on energy supply, distribution, and use.
    Today's final rule will not have a significant adverse effect on 
the supply, distribution, or the use of energy, and, therefore, is not 
a significant energy action. Accordingly, DOE has not prepared a 
Statement of Energy Effects.

K. Congressional Notification

    As required by 5 U.S.C. 801, DOE will submit to Congress a report 
regarding the issuance of today's final rule prior to the effective 
date set forth at the outset of this notice. The report will state that 
it has been determined that the rule is not a ``major rule'' as defined 
by 5 U.S.C. 801(2).

List of Subjects in 10 CFR Part 430

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

    Issued in Washington, DC, on December 12, 2001.
David K. Garman,
Assistant Secretary, Energy Efficiency and Renewable Energy.


    For the reasons set forth in the preamble, part 430 of Chapter II 
of Title 10, Code of Federal Regulations, is amended, as set forth 
below.

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

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

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


    2. Section 430.22 is amended in Subpart B by revising paragraph 
(b)(1) introductory text and adding paragraph (b)(7) to read as 
follows:


Sec. 430.22  Reference Sources.

* * * * *
    (b) * * * (1) American National Standards Institute (ANSI). The 
ANSI standards listed in this paragraph may be obtained from the 
American National Standards Institute, 25 W. 43rd Street, 4th Floor, 
New York, NY 10036, (212) 642-4900.
* * * * *
    (7) Association of Home Appliance Manufacturers, 1111 19th Street, 
NW., Suite 402, Washington, DC 20036, (202) 872-5955, ``American 
National Standard, Household Electric Dishwashers, ANSI/AHAM DW-1-
1992.''
* * * * *

    3. Section 430.23 of subpart B is amended by revising the section 
heading, and paragraph (c) to read as follows:


Sec. 430.23  Test procedures for the measurement of energy and water 
consumption.

* * * * *
    (c) Dishwashers. (1) The estimated annual operating cost (EAOC) for 
dishwashers must be rounded to the nearest dollar per year and is 
defined as follows:
    (i) When cold water (50 deg.F) is used,
    (A) For dishwashers having a truncated normal cycle as defined in 
section 1.9 of appendix C to this subpart,


EAOC=N  x  D<INF>e</INF>  x  (0.5  x  (M<INF>n</INF>+M<INF>t</INF>))

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


EAOC = N  x  D<INF>e</INF>  x  M<INF>n</INF>


where,

    N = the representative average dishwasher use of 264 cycles per 
year,
    D<INF>e</INF> = the representative average unit cost of electrical 
energy in dollars per kilowatt-hour as provided by the Secretary,
    M<INF>n</INF> = the machine electrical energy consumption per-cycle 
for the normal cycle as defined in section 1.5 of appendix C to this 
subpart, in

[[Page 65096]]

kilowatt-hours and determined according to section 5.1 of appendix C to 
this subpart,
    M<INF>t</INF> = the machine electrical energy consumption per-cycle 
for the truncated normal cycle, in kilowatt-hours and determined 
according to section 5.1 of appendix C to this subpart.
    (ii) When electrically-heated water (120 deg.F or 140 deg.F) is 
used,
    (A) For dishwashers having a truncated normal cycle as defined in 
section 1.9 of appendix C to this subpart,

EAOC = N  x  D<INF>e</INF>  x  (0.5  x  (E<INF>n</INF>+E<INF>t</INF>))
    (B) For dishwashers not having a truncated normal cycle,

EAOC = N  x  D<INF>e</INF>  x  E<INF>n</INF>  x  where,

N and D<INF>e</INF> are defined in paragraph (c)(1)(i) of this section,
    E<INF>n</INF> = the total electrical energy consumption per-cycle 
for the normal cycle as defined in section 1.5 of appendix C to this 
subpart, in kilowatt-hours and determined according to section 5.1 of 
appendix C to this subpart,
    E<INF>t</INF> = the total electrical energy consumption per-cycle 
for the truncated normal cycle, in kilowatt-hours and determined 
according to section 5.1 of appendix C to this subpart.

    (iii) When gas-heated or oil-heated water is used,
    (A) For dishwashers having a truncated normal cycle as defined in 
section 1.9 of appendix C to this subpart,


EAOC = N  x  ((D<INF>e</INF>  x  
0.5(M<INF>n</INF>+M<INF>t</INF>))+(D<INF>w</INF>  x  
0.5(W<INF>n</INF>+W<INF>t</INF>)))

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


EAOC = N  x  ((D<INF>e</INF>  x  M<INF>n</INF>)+(D<INF>w</INF>  x  
W<INF>n</INF>))

where,

N, D<INF>e</INF>, M<INF>n</INF> and M<INF>t</INF> are defined in 
paragraph (c)(1)(i) of this section,

    D<INF>w</INF> = the representative average unit cost in dollars per 
Btu for gas or oil, as appropriate, as provided by the Secretary,
    W<INF>n</INF> = the total water energy consumption per cycle for 
the normal cycle as defined in section 1.5 of appendix C to this 
subpart, in Btus and determined according to section 5.3 of appendix C 
to this subpart,
    W<INF>t</INF> = the total water energy consumption per cycle for 
the truncated normal cycle as defined in section 1.9 of appendix C to 
this subpart, in Btus and determined according to section 5.3 of 
appendix C to this subpart.

    (2) The energy factor for dishwashers, expressed in cycles per 
kilowatt-hour is defined as:
    (i) For dishwashers not having a truncated normal cycle, as the 
reciprocal of the total energy consumption per cycle (E<INF>n</INF>) 
for the normal cycle in kilowatt-hours per cycle, determined according 
to section 5.4 of appendix C to this subpart, and
    (ii) For dishwashers having a truncated normal cycle, as the 
reciprocal of one-half the sum of
    (A) The total energy consumption per cycle for the normal cycle 
(E<INF>n</INF>), plus
    (B) The total energy consumption per cycle for the truncated normal 
cycle (E), each in kilowatt-hours per cycle and determined according to 
section 5.4 of appendix C to this subpart.
    (3) Other useful measures of energy consumption for dishwashers are 
those which the Secretary determines are likely to assist consumers in 
making purchasing decisions and which are derived from the application 
of appendix C to this subpart.

    4. Appendix C to Subpart B of Part 430 is revised to read as 
follows:

Appendix C to Subpart B of Part 430-Uniform Test Method for Measuring 
the Energy Consumption of Dishwashers

1.  Definitions

    1.1  AHAM means the Association of Home Appliance Manufacturers.
    1.2  Compact dishwasher means a dishwasher that has a capacity 
less than eight place settings plus six serving pieces as specified 
in ANSI/AHAM Standard DW-1 (see Sec. 430.22).
    1.3  Cycle means a sequence of operations of a dishwasher which 
performs a complete dishwashing function, and may include variations 
or combinations of washing, rinsing, and drying.
    1.4  Cycle type means any complete sequence of operations 
capable of being preset on the dishwasher prior to the initiation of 
machine operation.
    1.5  Normal cycle means the cycle type recommended by the 
manufacturer for completely washing a full load of normally soiled 
dishes including the power-dry feature.
    1.6  Power-dry feature means the introduction of electrically 
generated heat into the washing chamber for the purpose of improving 
the drying performance of the dishwasher.
    1.7  Preconditioning cycle means any cycle that includes a fill, 
circulation, and drain to ensure that the water lines and sump area 
of the pump are primed.
    1.8  Standard dishwasher means a dishwasher that has a capacity 
equal to or greater than eight place settings plus six serving 
pieces as specified in ANSI/AHAM Standard DW-1 (see Sec. 430.22).
    1.9  Truncated normal cycle means the normal cycle interrupted 
to eliminate the power-dry feature after the termination of the last 
rinse operation.
    1.10  Water-heating dishwasher means a dishwasher which is 
designed for heating cold inlet water (nominal 50 deg.F) or a 
dishwasher for which the manufacturer recommends operation with a 
nominal inlet water temperature of 120 deg.F, and may operate at 
either of these inlet water temperatures by providing internal water 
heating to above 120 deg.F in at least one wash phase of the normal 
cycle.

2. Testing Conditions

    2.1  Installation Requirements. Install the dishwasher according 
to the manufacturer's instructions. A standard or compact under-
counter or under-sink dishwasher must be tested in a rectangular 
enclosure constructed of nominal 0.374 inch (9.5 mm) plywood painted 
black. The enclosure must consist of a top, a bottom, a back, and 
two sides. If the dishwasher includes a counter top as part of the 
appliance, omit the top of the enclosure. Bring the enclosure into 
the closest contact with the appliance that the configuration of the 
dishwasher will allow.
    2.2  Electrical energy supply.
    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  Water temperature. Measure the temperature of the water 
supplied to the dishwasher using a temperature measuring device as 
specified in section 3.1 of this Appendix.
    2.3.1  Dishwashers to be tested at a nominal 140 deg.F inlet 
water temperature. Maintain the water supply temperature at 140 
<plus-minus> 5 deg.F.
    2.3.2  Dishwashers to be tested at a nominal 120 deg.F inlet 
water temperature. Maintain the water supply temperature at 120 
<plus-minus> 2 deg.F.
    2.3.3  Dishwashers to be tested at a nominal 50 deg.F inlet 
water temperature. Maintain the water supply temperature at 50 
<plus-minus> 2  deg.F.
    2.4  Water pressure. Using a water pressure gauge as specified 
in section 3.3 of this Appendix, maintain the pressure of the water 
supply at 35 <plus-minus> 2.5 pounds per square inch gauge (psig).
    2.5  Ambient and machine temperature. Using a temperature 
measuring device as specified in section 3.1 of this Appendix, 
maintain the room ambient air temperature at 75 <plus-minus> 5 
deg.F, and ensure that the dishwasher and the test load are at room 
ambient temperature at the start of each test cycle.
    2.6  Load.
    2.6.1  Dishwashers to be tested at a nominal inlet temperature 
of 140  deg.F. These units must be tested on the normal cycle 
without a test load.
    2.6.2  Dishwashers to be tested at a nominal inlet temperature 
of 50  deg.F or 120  deg.F. These units must be tested on the normal 
cycle with a test load of eight place settings

[[Page 65097]]

plus six serving pieces, as specified in 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 must be the stated 
capacity.
    2.7  Testing requirements. Provisions in this appendix 
pertaining to dishwashers that operate with a nominal inlet 
temperature of 50  deg.F or 120  deg.F apply only to water heating 
dishwashers.
    2.8  Preconditioning requirements. Precondition the dishwasher 
by establishing the testing conditions set forth in sections 2.1 
through 2.5 of this Appendix. Set the dishwasher to the 
preconditioning cycle as defined in section 1.7 of this Appendix, 
without using a test load, and initiate the cycle.

3. Instrumentation

    3.1  Temperature measuring device. The device must have an error 
no greater than <plus-minus> 1  deg.F over the range being measured.
    3.2  Water meter. The water meter must have a resolution of no 
larger than 0.1 gallons and a maximum error no greater than 1.5 
percent for all water flow rates from one to five gallons per minute 
and for all water temperatures encountered in the test cycle.
    3.3  Water pressure gauge. The water pressure gauge must have a 
resolution of one pound per square inch (psi) and must have an error 
no greater than 5 percent of any measured value over the range of 35 
<plus-minus> 2.5 psig.
    3.4  Watt-hour meter. The watt-hour meter must have a resolution 
of no greater than 1 watt-hour and a maximum error of no more than 1 
percent of the measured value for any demand greater than 50 watts.

4. Test Cycle and Measurements

    4.1  Test cycle. Perform a test cycle by establishing the 
testing conditions set forth in section 2 of this Appendix, setting 
the dishwasher to the cycle type to be tested, initiating the cycle, 
and allowing the cycle to proceed to completion.
    4.2  Machine electrical energy consumption. Measure the 
electrical energy consumed by the machine during the test cycle, M, 
expressed in kilowatt-hours per cycle, using a water supply 
temperature as set forth in section 2.3 of this Appendix and using a 
watt-hour meter as specified in section 3.4 of this Appendix.
    4.3  Water consumption. Measure the water consumption, V, 
specified as the number of gallons delivered to the dishwasher 
during the entire test cycle, using a water meter as specified in 
section 3.2 of this Appendix.
    4.4  Report values. You must report the electrical energy 
consumption and water consumption values for the machine, as 
measured.

5. Calculation of derived results from test measurements

    5.1  Machine energy consumption for electric dishwashers. Use 
the value recorded in section 4.2 of this Appendix as the per-cycle 
machine electrical energy consumption. Use the notation 
M<INF>n</INF> for a test of the normal cycle or M<INF>t</INF> for a 
test of the truncated normal cycle and express in kilowatt-hours per 
cycle.
    5.2  Water energy consumption for dishwashers using electrically 
heated water. Determine the water energy consumption according to 
sections 5.2.1 and 5.2.2 of this Appendix. Use the notation 
W<INF>n</INF> for a test of the normal cycle or W<INF>t</INF> for a 
test of the truncated normal cycle, and express in kilowatt-hours 
per cycle. Note that electrically heated water was used.
    5.2.1  Dishwashers that operate with a nominal 140  deg.F inlet 
water temperature, only. For each test cycle, calculate the water 
energy consumption, W, expressed in kilowatt-hours per cycle and 
defined as:

W = V  x  T  x  K

where,

    V = reported water consumption in gallons per cycle, as measured 
in section 4.3 of this Appendix,
    T = nominal water heater temperature 
rise = 90  deg.F,
    K = specific heat of water in kilowatt-hours per gallon per 
degree Fahren-
heit = 0.0024.

    5.2.2  Dishwashers that operate with a nominal inlet water 
temperature of 120  deg.F. For each test cycle, calculate the water 
energy consumption, W, expressed in kilowatt-hours per cycle and 
defined as:

W = V  x  T  x  K
where,

    V = reported water consumption in gallons per cycle, as measured 
in section 4.3 of this Appendix,
    T = nominal water heater temperature 
rise = 70  deg.F,
    K = specific heat of water in kilowatt-hours per gallon per 
degree Fahren-
heit = 0.0024.

    5.3  Water energy consumption per cycle using gas-heated or oil-
heated water. Determine the water energy consumption for dishwashers 
according to sections 5.3.1 and 5.3.2 of this Appendix. Use the 
notation W<INF>n</INF> for a test of the normal cycle or 
W<INF>t</INF> for a test of the truncated normal cycle, and express 
in kilowatt-hours per cycle. Note that gas-heated or oil-heated 
water was used.
    5.3.1  Dishwashers that operate with a nominal 140  deg.F inlet 
water temperature, only. For each test cycle, calculate the water 
energy consumption using gas-heated or oil-heated water, W, 
expressed in kilowatt-hours per cycle and defined as:

    W = V  x  T  x  K/e

where,

    V = reported water consumption in gallons per cycle, as measured 
in section 4.3 of this Appendix,
    T = nominal water heater temperature 
rise = 90  deg.F,
    K = specific heat of water in kilowatt-hours per gallon per 
degree Fahren-
heit = 0.0024,
    e = nominal gas or oil water heater recovery efficiency = 0.75.

    5.3.2  Dishwashers that operate with a nominal inlet water 
temperature of 120  deg.F. For each test cycle, calculate the water 
energy consumption using gas heated or oil heated water, W, 
expressed in kilowatt-hours per cycle and defined as:

    W = V  x  T  x  C/c

where,

    V is measured in section 4.3 of this Appendix,
    T = nominal water heater temperature 
rise = 70  deg.F,
    K = specific heat of water in kilowatt-hours per gallon per 
degree Fahren-
heit = 0.0024,
    e = nominal gas or oil water heater recovery efficiency = 0.75.

    5.4  Total energy consumption per cycle. For each test cycle the 
total per-cycle energy consumption, E, is defined as the sum of the 
per-cycle machine electrical energy consumption, M, and the per-
cycle water energy consumption, W, in kilowatt-hours per cycle. For 
the cycle type, M is calculated according to section 5.1 of this 
Appendix and W is calculated according to section 5.2 of this 
Appendix for electrically heated water, or according to section 5.3 
for gas or oil heated water. Use the notation E<INF>n</INF> for a 
test of the normal cycle or E<INF>t</INF> for a test of the 
truncated normal cycle, and express in kilowatt-hours per cycle.

    5. Section 430.32 of Subpart C is amended by revising paragraph (f) 
to read as follows:


Sec. 430.32    Energy and water conservation standards and effective 
dates.

* * * * *
    (f) Dishwashers. The energy factor of dishwashers manufactured on 
or after May 14, 1994, must not be less than:

------------------------------------------------------------------------
                                                          Energy factor
                     Product class                        (cycles/kWh)
------------------------------------------------------------------------
(1) Compact Dishwasher (capacity less than eight place              0.62
 settings plus six serving pieces as specified in ANSI/
 AHAM Standard DW-1 (see section 430.22)).............
(2) Standard Dishwasher (capacity equal to or greater               0.46
 than eight place settings plus six serving pieces as
 specified in ANSI/AHAM Standard DW-1(see section
 430.22)).............................................
------------------------------------------------------------------------

* * * * *

[FR Doc. 01-30980 Filed 12-17-01; 8:45 am]
BILLING CODE 6450-01-P


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