This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

65091

Vol. 66, No. 243

Tuesday, December 18, 2001

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: barbara.twigg@ee.doe.gov;

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:

eugene.margolis@hq.doe.gov.

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/codeslstandards/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).

65092 Federal Register / Vol. 66, No. 243 / Tuesday, December 18, 2001 / Rules and Regulations

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 soilsensing 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 soilsensing 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 soilsensing technologies in the market. We

determined that additional data and

research were required before an

adequate test procedure for all soilsensing 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 soilsensing 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:

• Reduce the representative average

number of use cycles per year to 264;

and

• Base the definitions of compact and

standard dishwashers on place-setting

capacity.

2. Improve testing repeatability:

• Tighten the tolerance for ambient

temperature;

• Add more detail to test chamber

installation requirements.; and

• 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 soilsensing 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

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

65094 Federal Register / Vol. 66, No. 243 / Tuesday, December 18, 2001 / Rules and Regulations

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

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

§ 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:

§ 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°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 × De × (0.5 × (Mn+Mt))

(B) for dishwashers not having a

truncated normal cycle,

EAOC = N × De × Mn

where,

N = the representative average

dishwasher use of 264 cycles per

year,

De = the representative average unit

cost of electrical energy in dollars

per kilowatt-hour as provided by

the Secretary,

Mn = the machine electrical energy

consumption per-cycle for the

normal cycle as defined in section

1.5 of appendix C to this subpart, in

65096 Federal Register / Vol. 66, No. 243 / Tuesday, December 18, 2001 / Rules and Regulations

kilowatt-hours and determined

according to section 5.1 of appendix

C to this subpart,

Mt = the machine electrical energy

consumption per-cycle for the

truncated normal cycle, in kilowatthours and determined according to

section 5.1 of appendix C to this

subpart.

(ii) When electrically-heated water

(120°F or 140°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 × De × (0.5 × (En+Et))

(B) For dishwashers not having a

truncated normal cycle,

EAOC = N × De × En × where,

N and De are defined in paragraph

(c)(1)(i) of this section,

En = 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,

Et = the total electrical energy

consumption per-cycle for the

truncated normal cycle, in kilowatthours 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 × ((De × 0.5(Mn+Mt))+(Dw ×

0.5(Wn+Wt)))

(B) For dishwashers not having a

truncated normal cycle,

EAOC = N × ((De × Mn)+(Dw × Wn))

where,

N, De, Mn and Mt are defined in

paragraph (c)(1)(i) of this section,

Dw = the representative average unit

cost in dollars per Btu for gas or oil,

as appropriate, as provided by the

Secretary,

Wn = 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,

Wt = 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 (En) 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 (En), 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 § 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 § 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°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 to above

120°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 undercounter 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°F inlet water temperature.

Maintain the water supply temperature at

140 ± 5°F.

2.3.2 Dishwashers to be tested at a

nominal 120°F inlet water temperature.

Maintain the water supply temperature at

120 ± 2°F.

2.3.3 Dishwashers to be tested at a

nominal 50°F inlet water temperature.

Maintain the water supply temperature at 50

± 2 °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 ± 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 ± 5 °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 °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 °F or 120 °F.

These units must be tested on the normal

cycle with a test load of eight place settings

Federal Register / Vol. 66, No. 243 / Tuesday, December 18, 2001 / Rules and Regulations 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 °F or 120 °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 ±

1 °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 ± 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 percycle machine electrical energy

consumption. Use the notation Mn for a test

of the normal cycle or Mt 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 Wn for a test of

the normal cycle or Wt 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 °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 × T × 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 °F,

K = specific heat of water in kilowatt-hours

per gallon per degree Fahrenheit = 0.0024.

5.2.2 Dishwashers that operate with a

nominal inlet water temperature of 120 °F.

For each test cycle, calculate the water

energy consumption, W, expressed in

kilowatt-hours per cycle and defined as:

W = V × T × 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 °F,

K = specific heat of water in kilowatt-hours

per gallon per degree Fahrenheit = 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 Wn

for a test of the normal cycle or Wt for a test

of the truncated normal cycle, and express in

kilowatt-hours per cycle. Note that gasheated or oil-heated water was used.

5.3.1 Dishwashers that operate with a

nominal 140 °F inlet water temperature, only.

For each test cycle, calculate the water

energy consumption using gas-heated or oilheated water, W, expressed in kilowatt-hours

per cycle and defined as:

W = V × T × 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 °F,

K = specific heat of water in kilowatt-hours

per gallon per degree Fahrenheit = 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 °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 × T × C/c

where,

V is measured in section 4.3 of this

Appendix,

T = nominal water heater temperature

rise = 70 °F,

K = specific heat of water in kilowatt-hours

per gallon per degree Fahrenheit = 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 En for a test

of the normal cycle or Et 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:

§ 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:

Product class Energy factor

(cycles/kWh)

(1) Compact Dishwasher

(capacity less than eight

place settings plus six

serving pieces as specified in ANSI/AHAM

Standard DW–1 (see

section 430.22)) ............ 0.62

(2) Standard Dishwasher

(capacity equal to or

greater than eight place

settings plus six serving

pieces as specified in

ANSI/AHAM Standard

DW–1(see section

430.22)) ......................... 0.46

* * * * *

[FR Doc. 01–30980 Filed 12–17–01; 8:45 am]

BILLING CODE 6450–01–P

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