Energy Conservation Program for Consumer Products: Notice of Petition for Waiver of Whirlpool Corporation From the Department of Energy Residential Dishwasher Test Procedure, and Grant of Interim Waiver, 41167-41171 [2010-17295]

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[FR Doc. 2010–17285 Filed 7–14–10; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF ENERGY Office of Energy Efficiency and Renewable Energy [Case No. DW–004] srobinson on DSKHWCL6B1PROD with NOTICES Energy Conservation Program for Consumer Products: Notice of Petition for Waiver of Whirlpool Corporation From the Department of Energy Residential Dishwasher Test Procedure, and Grant of Interim Waiver AGENCY: Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Notice of petition for waiver, notice of grant of interim waiver, and request for comments. SUMMARY: This notice announces receipt of and publishes the Whirlpool Corporation (Whirlpool) petition for VerDate Mar<15>2010 16:53 Jul 14, 2010 Jkt 220001 waiver (hereafter, ‘‘petition’’) from specified portions of the U.S. Department of Energy (DOE) test procedure for determining the energy consumption of dishwashers. Today’s notice also grants an interim waiver of the dishwasher test procedure. Through this notice, DOE also solicits comments with respect to the Whirlpool petition. DATES: DOE will accept comments, data, and information with respect to the Whirlpool petition until, but no later than August 16, 2010. ADDRESSES: You may submit comments, identified by case number DW–004, by any of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. • E-mail: AS_Waiver_Requests@ee.doe.gov. Include either the case number [Case No. DW–004], and/or ‘‘Whirlpool Petition’’ in the subject line of the message. • Mail: Ms. Brenda Edwards, U.S. Department of Energy, Building Technologies Program, Mailstop EE–2J/ 1000 Independence Avenue, SW., Washington, DC 20585–0121. Telephone: (202) 586–2945. Please submit one signed original paper copy. • Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department of Energy, Building Technologies Program, 950 L’Enfant Plaza, SW., Suite 600, Washington, DC 20024. Please submit one signed original paper copy. Instructions: All submissions received must include the agency name and case number for this proceeding. Submit electronic comments in WordPerfect, Microsoft Word, Portable Document Format (PDF), or text (American Standard Code for Information Interchange (ASCII)) file format and avoid the use of special characters or any form of encryption. Wherever possible, include the electronic signature of the author. DOE does not accept telefacsimiles (faxes). Any person submitting written comments must also send a copy to the petitioner, pursuant to 10 CFR 431.401(d). The contact information for the petitioner is: Mr. J.B. Hoyt, Director, Government Relations, Whirlpool Corporation, 2000 M 63, Mail Drop 3005, Benton Harbor, MI 49022, Phone: (269) 923–4647, E-mail: j.b.hoyt@whirlpool.com. According to 10 CFR 1004.11, any person submitting information that he or she believes to be confidential and exempt by law from public disclosure should submit two copies to DOE: One copy of the document including all the information believed to be confidential, PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 41167 and one copy of the document with the information believed to be confidential deleted. DOE will make its own determination about the confidential status of the information and treat it according to its determination. Docket: For access to the docket to review the background documents relevant to this matter, you may visit the U.S. Department of Energy, 950 L’Enfant Plaza, SW., (Resource Room of the Building Technologies Program), Washington, DC, 20024; (202) 586–2945, between 9 a.m. and 4 p.m., Monday through Friday, except Federal holidays. Available documents include the following items: (1) This notice; (2) public comments received; (3) the petition for waiver and application for interim waiver; and (4) prior DOE waivers and rulemakings regarding similar dishwasher products. Please call Ms. Brenda Edwards at the above telephone number for additional information regarding visiting the Resource Room. FOR FURTHER INFORMATION CONTACT: Dr. Michael G. Raymond, U.S. Department of Energy, Building Technologies Program, Mail Stop EE–2J, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 20585–0121. Telephone: (202) 586–9611. E-mail: Michael.Raymond@ee.doe.gov. Ms. Elizabeth Kohl, U.S. Department of Energy, Office of the General Counsel, Mail Stop GC–71, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 20585–0103. Telephone: (202) 586–7796. E-mail: Elizabeth.Kohl@hq.doe.gov. SUPPLEMENTARY INFORMATION: I. Background and Authority Title III of the Energy Policy and Conservation Act (‘‘EPCA’’) sets forth a variety of provisions concerning energy efficiency. Part A of Title III provides for the ‘‘Energy Conservation Program for Consumer Products Other Than Automobiles.’’ (42 U.S.C. 6291–6309) Part A includes definitions, test procedures, labeling provisions, energy conservation standards, and the authority to require information and reports from manufacturers. Further, Part A authorizes the Secretary of Energy to prescribe test procedures that are reasonably designed to produce results which measure energy efficiency, energy use, or estimated operating costs, and that are not unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) The test procedure for dishwashers is contained in 10 CFR part 430, subpart B, appendix C. The regulations set forth in 10 CFR part 430.27 contain provisions that E:\FR\FM\15JYN1.SGM 15JYN1 41168 Federal Register / Vol. 75, No. 135 / Thursday, July 15, 2010 / Notices srobinson on DSKHWCL6B1PROD with NOTICES enable a person to seek a waiver from the test procedure requirements for covered consumer products. A waiver will be granted by the Assistant Secretary for Energy Efficiency and Renewable Energy (the Assistant Secretary) if it is determined that the basic model for which the petition for waiver was submitted contains one or more design characteristics that prevents testing of the basic model according to the prescribed test procedures, or if the prescribed test procedures may evaluate the basic model in a manner so unrepresentative of its true energy consumption characteristics as to provide materially inaccurate comparative data. 10 CFR part 430.27(l). Petitioners must include in their petition any alternate test procedures known to the petitioner to evaluate the basic model in a manner representative of its energy consumption. 10 CFR part 430.27(b)(1)(iii). The Assistant Secretary may grant the waiver subject to conditions, including adherence to alternate test procedures. 10 CFR part 430.27(l). Waivers remain in effect pursuant to the provisions of 10 CFR part 430.27(m). The waiver process also allows the Assistant Secretary to grant an interim waiver from test procedure requirements to manufacturers that have petitioned DOE for a waiver of such prescribed test procedures. 10 CFR part 430.27(a)(2) An interim waiver remains in effect for 180 days or until DOE issues its determination on the petition for waiver, whichever is sooner. An interim waiver may be extended for an additional 180 days. 10 CFR part 430.27(h) II. Petition for Waiver On March 16, 2010, Whirlpool filed a petition for waiver and application for interim waiver from the test procedure applicable to dishwashers set forth in 10 CFR part 430, subpart B, appendix C. Whirlpool claims that water softeners can prevent consumer behaviors that consume additional energy and water. Whirlpool also claims that a dishwasher equipped with a water softener will minimize pre-rinsing and rewashing, and that consumers will have less reason to periodically run their dishwasher through a clean-up cycle. Whirlpool also claims that the amount of water consumed by the regeneration operation of a water softener in a dishwasher is very small, but that it varies significantly depending on the adjustment of the softener. The regeneration operation takes place infrequently, and the frequency is related to the level of water hardness. VerDate Mar<15>2010 16:53 Jul 14, 2010 Jkt 220001 Including this water use in the measurement of water consumption during an individual energy test cycle could overstate water use by as much as 12 percent, and energy use by as much as 6 percent, according to Whirlpool. In view of the small amount of water consumed during softener regeneration and the relative infrequency of the regeneration operation, Whirlpool is requesting approval to measure water consumption of dishwashers having water softeners without including the water consumed by the dishwasher during softener regeneration. This is the approach used in European Standard EN 50242, ‘‘Electric Dishwashers for Household Use—Methods for Measuring the Performance.’’ III. Application for Interim Waiver Whirlpool also requests an interim waiver for particular basic models with integrated water softeners. An interim waiver may be granted if it is determined that the applicant will experience economic hardship if the application for interim waiver is denied, if it appears likely that the petition for waiver will be granted, and/or the Assistant Secretary determines that it would be desirable for public policy reasons to grant immediate relief pending a determination of the petition for waiver. (10 CFR part 430.27(g)). DOE determined that Whirlpool’s application for interim waiver does not provide sufficient market, equipment price, shipments, and other manufacturer impact information to permit DOE to evaluate the economic hardship Whirlpool might experience absent a favorable determination on its application for interim waiver. DOE understands, however, that the current test procedure may not predict accurately the water and energy consumption of its line of dishwashers with a built-in water softener. The test procedure will only register water consumption from softener regeneration in a small fraction of test runs, producing variable results. As a result, and based on the information provided by Whirlpool, DOE determined that the test results may provide materially inaccurate comparative data. Whirlpool provided the European Standard EN 50242, ‘‘Electric Dishwashers for Household Use— Methods for Measuring the Performance,’’ as an alternate test procedure. This standard excludes water use due to softener regeneration from its water use efficiency measure. DOE notes that if water consumption of a regeneration operation is to be apportioned across all cycles of operation, then manufacturers would PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 need to make calculations regarding average water hardness and average water consumption due to regeneration operations that are not currently provided for or allowed by the test procedure. DOE is considering development of an averaging procedure for use as an alternate test procedure in the decision and order on the Whirlpool waiver, and welcomes comments and data in support of such a procedure. In the meantime, use of EN 50242 would provide repeatable results, but would slightly underestimate the energy and water use of these models. In its petition, Whirlpool estimated that, on average, 23 gallons/year of water and 4 kWh/year would be consumed in softener regeneration. These values are based on internal testing conducted by Whirlpool. Therefore, in the interim waiver, DOE is adding these constant values to the energy consumption measured by appendix C. Based on the likelihood of granting the petition for waiver, DOE grants Whirlpool’s application for interim waiver. Therefore, Whirlpool shall not be required to test its dishwasher models: KitchenAid brand: KUDE60SXSS KUDS30SXSS Kenmore brand: 14052K01 14053K01 14059K01 14062K01 14063K01 14069K01 according to the existing DOE test procedure, which is found in 10 CFR 430, subpart B, appendix C, but shall be required to test and rate such products according to the alternate test procedure as set forth below. Under appendix C, the water energy consumption, W or Wg, is calculated based on the water consumption as set forth in Sect. 4.3: § 4.3 Water consumption. Measure the water consumption, V, expressed as the number of gallons of water delivered to the machine during the entire test cycle, using a water meter as specified in section 3.3 of this Appendix. Where the regeneration of the water softener depends on demand and water hardness, and does not take place on every cycle, Whirlpool shall measure the water consumption of dishwashers having water softeners without including the water consumed by the dishwasher during softener regeneration. If a regeneration operation takes place within the test, the water consumed by the regeneration operation shall be disregarded when declaring E:\FR\FM\15JYN1.SGM 15JYN1 Federal Register / Vol. 75, No. 135 / Thursday, July 15, 2010 / Notices water and energy consumption, but constant values of 23 gallons/year of water and 4 kWh/year of energy shall be added to the values measured by appendix C. IV. Summary and Request for Comments Through today’s notice, DOE announces receipt of Whirlpool’s petition for waiver from certain parts of the test procedure that apply to dishwashers. DOE is publishing Whirlpool’s petition for waiver in its entirety pursuant to 10 CFR 430.27(b)(1)(iv). The petition contains no confidential information. The petition includes a suggested alternate test procedure which is to measure the water consumption of dishwashers having water softeners without including the water consumed by the dishwasher during softener regeneration. DOE is interested in receiving comments from interested parties on all aspects of the petition, including the suggested alternate test procedure and any alternate test procedure. Pursuant to 10 CFR 430.27(b)(1)(iv), any person submitting written comments to DOE must also send a copy to the petitioner, whose contact information is included in the ADDRESSES section above. srobinson on DSKHWCL6B1PROD with NOTICES Issued in Washington, DC, on July 8, 2010. Cathy Zoi, Assistant Secretary, Energy Efficiency and Renewable Energy. J.B. Hoyt Director, Government Relations May 26, 2010 Via e-mail (cathy.zoi@ee.doe.gov) and Overnight Mail The Honorable Catherine Zoi Assistant Secretary, Energy Efficiency and Renewable Energy U.S. Department of Energy Mail Station EE–10 1000 Independence Avenue SW Washington, DC 20585 A. Re: Amended Petition For Waiver and Application for Interim Waiver Under 10 CFR 430.27 for Dishwasher: With Integrated Water Softener Dear Assistant Secretary Zoi: Whirlpool Corporation (Whirlpool) respectfully submits this Amended Petition For Waiver and Application for Interim waiver, pursuant to 10 CFR 430.27, to the U.S. Department of Energy (DOE) regarding the test procedure specified in 10 CFR Part 430, Subpt. B, App. C (Test Procedure) for measuring the energy consumption of dishwashers. This Petition is being amended, pursuant to the request of the Department, for purposes of identifying VerDate Mar<15>2010 16:53 Jul 14, 2010 Jkt 220001 specific model numbers of affected dishwashers in Section 2 (below). This Amended Petition For Waiver and Application for Interim Waiver is directed to dishwashers containing a built-in or integrated water softener. 10 CFR 430.27(a)(1) provides that a manufacturer may submit a Petition to waive a requirement of § 430.23 upon grounds that the basic model contains one or more design characteristics which either prevent testing of the basic model according to the prescribed test procedures, or the prescribed test procedures may evaluate the basic model in a manner so unrepresentative of its true energy consumption characteristics as to provide materially inaccurate comparative data. Additionally, 10 CFR 430.27(b)(2) allows an applicant to request an Interim Waiver if economic hardship and/or competitive disadvantage is likely to result absent a favorable determination on the Application for Interim Waiver. For the reasons set forth below, Whirlpool submits that the testing of dishwashers equipped with water softeners under the Test Procedure will lead to results that may be materially inaccurate and mislead consumers. 1. Petitioner. Whirlpool Corporation is the world’s leading manufacturer and marketer of major home appliances, with annual sales of approximately $17 billion in 2009, 67,000 employees, and 67 manufacturing and technology research centers around the world. The company markets Whirlpool, Maytag, KitchenAid, Jenn-Air, Amana, Brastemp, Consul, Bauknecht and other major brand names to consumers in nearly every country around the world. 2. Identification of Basic Models. This Amended Petition For Waiver and Application for Interim Waiver is made with respect to all basic models of dishwashers that incorporate an integrated water softener (‘‘Basic Models’’). The Basic Model numbers are identified as follows: KitchenAid brand: KUDE60SXSS KUDS30SXSS Kenmore brand: 14052K01 14053K01 14059K01 14062K01 14063K01 14069K01 The design characteristic that is common among the Basic Models is an integrated automatic water softener PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 41169 which is designed to periodically regenerate. During the regeneration operation water is flushed through the water softener. The regeneration operation occurs infrequently and depends on the adjustment of the softener. Water used during the regeneration operation is in addition to the water used by the dishwasher during a dishwasher ‘‘normal’’ cycle. 3. Background. A water softener reduces water hardness. Hard water is water that has high mineral content (in contrast with soft water). Hard water minerals primarily consist of calcium (Ca2+), and magnesium (Mg2+) metal cations, and sometimes other dissolved compounds such as bicarbonates and sulfates. Water hardness varies throughout the United States. Based on information provided by the U.S. Geological Survey, the mean water hardness within the U.S. is 217 mg/liter (milligrams per liter), which is the equivalent of 12.6 grains/gallon. See http://water.usgs.gov/owq/hardnessalkalinity.html Hard water reduces the effectiveness of detergent leading to the need for additional detergent. The amount of rinse aid use is also affected by water hardness; more rinse aid is necessary to achieve good results with hard water. As a result, high water hardness can contribute to filming on dishwasher items, leading to consumer behaviors such as increased pre-rinsing and, in some cases, rewashing of dishes either by hand or by subsequent dishwasher cycles. Further, hard water can lead to the presence of scale build-up within the dishwasher requiring periodic dishwasher cleaning (clean-up). Accordingly, systems that reduce water hardness can prevent behaviors that consume additional energy and water. Specifically, a dishwasher equipped with a water softener will minimize pre-rinsing and rewashing. Further, consumers will have less reason to periodically run their dishwasher through a clean-up cycle. Under common water softener technology, water passing through a resin tank loses positively charged calcium and magnesium ions to negatively charged plastic beads. The water is softened in this manner till the plastic beads no longer can supply a negative charge. A brine tank is provided and holds a salt solution that periodically flushes and regenerates the resin tank, replacing calcium and magnesium ions with sodium. The water softening regeneration process requires water for both regeneration and for back-rinsing processes. For the purposes of this Waiver, both water E:\FR\FM\15JYN1.SGM 15JYN1 srobinson on DSKHWCL6B1PROD with NOTICES 41170 Federal Register / Vol. 75, No. 135 / Thursday, July 15, 2010 / Notices usages are combined and used under the term ‘‘regeneration.’’ In a dishwasher equipped with a consumer adjustable water softener, water softener regeneration does not take place during every cycle. Rather, regeneration takes place as a function of home water supply water hardness, determined by a customer adjustable dishwasher water hardness level setting. For a conventional dishwasher in a home with the mean water hardness of 12.6 grains per gallon, water softener regeneration may take place approximately every six to eight cycles. However, regeneration may vary significantly, depending on customer adjusted hardness level setting. As indicated by the U.S. Geological Survey information, water hardness within the U.S. varies significantly. For a significant population of U.S. consumers, their water hardness is such that no water softener operation is required. The amount of water used for softener regeneration, when apportioned evenly across all dishwasher cycles, is very small. For conventional dishwashers, Whirlpool estimates that the typical water use during regeneration ranges between two to three (2–3) liters (0.5– 0.8 gallons). If this amount is apportioned across six cycles (a reasonable average regeneration frequency rate), the water usage due to regeneration is approximately 0.41 liters/cycle (0.11 gallons/cycle). Based upon 215 dishwasher cycles per year 1, the estimated annual water and energy consumption, due to water softener regeneration, will be approximately 23 gallons/year of water and 4 kWh/year, respectively. This is less than 1.5% of the total energy use of the average dishwasher. Providing a dishwasher with a water softener is not new. Most dishwashers manufactured and sold in European countries contain water softeners. Under the European Standard EN 50242 ‘‘Electric Dishwashers for Household Use—Methods for Measuring the Performance,’’ water usage and energy associated with water softeners is not included. § 8.2.1 of EN 50242 is set forth below: § 8.2.1 Regeneration operations For dishwashers, where the regeneration of the water softener depends on demand and water hardness, and does not take place on every cycle; when calculating the arithmetical mean value of the energy, water consumption and time, if a 1 The annual dishwasher usage set forth in the Test Procedure. VerDate Mar<15>2010 16:53 Jul 14, 2010 Jkt 220001 regeneration operation takes place, within the test procedure, it shall be disregarded when declaring energy, water and time values. (Emphasis added) Note: The frequency of the regeneration operations in some machines is not predictable and depends on the adjustment of the softener and the water hardness of the water used by the laboratories. In the test report, it shall be stated whether regeneration(s) occurred during the five (or more) test cycles. European Standard EN 50242 recognizes that including the water used during a regeneration operation would evaluate the tested dishwasher in a manner so unrepresentative of its true energy consumption characteristics as to provide materially inaccurate comparative data. Based on the infrequency of the regeneration operation, including the water used during a regeneration operation in the measurement of water consumption during an individual energy test cycle could lead to overstating the water use by as much as 12%, and overstating the energy use by as much as 6%.2 4. Requirements Sought To Be Waived. The Basic Models are subject to the provisions of 10 CFR Part 430, Subpt. B, App. C of the Test Procedure, which specifies the calculation of water energy consumption for non-soil-sensing and soil-sensing dishwashers using electrically or gas/oil heated water. Under the Test Procedure, the water energy consumption, W or Wg, are calculated based on the water consumption as set forth in 10 CFR Part 430, Subpt. B, App. C, Sect. 4.3: § 4.3 Water consumption. Measure the water consumption, V, expressed as the number of gallons of water delivered to the machine during the entire test cycle, using a water meter as specified in section 3.3 of this Appendix. Whirlpool is requesting approval to measure water consumption of dishwashers having water softeners without including the water consumed by the dishwasher during softener regeneration. Similar to the European standard EN 50242, Whirlpool is proposing that if a regeneration operation takes place within the test procedure, the water consumed by the regeneration operation shall be 2 Under energy testing of a soil-sensing dishwasher, energy consumption is derived from normal cycle operation at a low, medium and high soil sensor response. The 6% estimate is the potential additional energy consumption that may occur if a regeneration operation occurs during the light sensor response dishwasher cycle. 10 CFR Part 430, Subpt. B, App. C, § 5.3.2. PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 disregarded when declaring water and energy consumption. 5. Grounds For Waiver and Interim Waiver. 10 CFR 430.27(a)(1) provides that a Petition to waive a requirement of § 430.23 may be submitted upon grounds that the basic model contains one or more design characteristics which either prevent testing of the basic model according to the prescribed test procedures, or the prescribed test procedures may evaluate the basic model in a manner so unrepresentative of its true energy consumption characteristics as to provide materially inaccurate comparative data. As noted above, the inclusion of a water softener in a dishwasher is likely to lead to water and energy savings due to enhanced effectiveness of the dishwasher. This advance in technology offers consumers a new benefit that should not be discouraged by the Test Procedure. Additionally, the amount of water consumed by the regeneration operation of a water softener in a dishwasher is very small and varies significantly depending on the adjustment of the softener. In view of the small amount of water consumed during softener regeneration and the relative infrequency of the regeneration operation, Whirlpool is requesting approval to measure water consumption of dishwashers having water softeners without including the water consumed by the dishwasher during softener regeneration. If this Waiver and Interim Waiver are not granted, there will be significant uncertainty in the method for measuring water consumption for dishwashers with water softeners. If water consumption due to water softeners is measured during an energy cycle, without any apportionment of this water across all cycles, energy use for a dishwasher could be overstated by a significant amount. If water consumption of a regeneration operation is to be apportioned across all cycles of operation, then manufacturers would need to make calculations regarding average water hardness and average water consumptions due to regeneration operations that are not currently provided for or allowed by the Test Procedure. 6. Justification for Whirlpool’s Interim Waiver Application. Granting of an Interim Waiver is justified in this case because Whirlpool has provided strong evidence that demonstrates the likelihood of the granting of the Amended Petition for Waiver. E:\FR\FM\15JYN1.SGM 15JYN1 Federal Register / Vol. 75, No. 135 / Thursday, July 15, 2010 / Notices Additionally, Whirlpool will suffer significant economic hardship and competitive disadvantage if this Interim Waiver Application is not granted and there are strong public policy justifications to issue an Interim Waiver to help promote uniform interpretation and application of the Test Procedure to dishwashers with water softeners. As discussed above, if this Interim Waiver is not granted, there will be significant uncertainty in how to measure water consumption for dishwashers with water softeners. This will cause economic hardship and competitive disadvantage for Whirlpool. There are long lead times and significant expenses associated with the design and manufacture of dishwashers. Compliance with federally mandated energy consumption standards and ENERGY STAR criteria is a critical design factor for dishwashers. Any delay in obtaining clarity on this issue will cause Whirlpool economic hardship and competitive disadvantage. srobinson on DSKHWCL6B1PROD with NOTICES 7. Manufacturers of Similar Products and Affected Manufacturers. We believe that at least two dishwasher manufacturers, BSH Home Appliances Corp. (Bosch-Siemens Hausgerate GmbH) and Miele Inc., are currently selling in the U.S. dishwashers with an integrated water softener. The manufacturers that sell dishwashers in the United States include ASKO Appliances, Inc., BSH Home Appliances Corp. (Bosch-Siemens Hausgerate GmbH), Electrolux North America, Inc., Fisher & Paykel Appliances, GE Appliances and Lighting, Haier America, Indesit Company Sa, LG Electronics USA, Miele, Inc., Samsung Electronics Co., and Viking Range Corporation. The Association of Home Appliances Manufacturers is also generally interested in energy efficiency requirements for appliances, including dishwashers. Whirlpool will notify all these entities as set forth in the Department’s rules and provide them with a version of this Amended Petition and Application. 8. Conclusion. Whirlpool respectfully submits that by granting this Amended Waiver Petition and Application for Interim Waiver, the Department will ensure that advancements in technology and consumer beneficial innovations are not hindered by regulations, and that similar products are tested and rated for energy consumption on a comparable basis. This waiver should continue until the Test Procedure can be formally VerDate Mar<15>2010 16:53 Jul 14, 2010 Jkt 220001 amended to exclude the water and energy consumed during a water softener regeneration operation. Whirlpool certifies that all manufacturers of domestically marketed dishwashers identified above have been notified by letter of this Amended Petition and application. Copies of such letter and related certification are attached hereto. Sincerely, /s/J.B. Hoyt llllllllllllllllll l J.B. Hoyt Director, Government Relations Whirlpool Corporation [FR Doc. 2010–17295 Filed 7–14–10; 8:45 am] BILLING CODE 6450–01–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OAR–2009–0911; FRL–9176–1] Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Mobile Air Conditioner Retrofitting Program (Renewal); EPA ICR No. 1774.05, OMB Control No. 2060–0350 AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), this document announces that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request to renew an existing approved collection. The ICR, which is abstracted below, describes the nature of the information collection and its estimated burden and cost. DATES: Additional comments may be submitted on or before August 16, 2010. ADDRESSES: Submit your comments, referencing Docket ID No. EPA–HQ– OAR–2009–0911 to (1) EPA online using www.regulations.gov (our preferred method), by e-mail to a-and-rdocket@epa.gov, or by mail to: EPA Docket Center, Environmental Protection Agency, Air and Radiation Docket, Mail Code 28221T, 1200 Pennsylvania Ave., NW., Washington, DC 20460, and (2) OMB by mail to: Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: Yaidi Cancel, Stratospheric Protection PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 41171 Division, Office of Air and Radiation, Mail Code 6205J, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: (202) 343–9512; fax number: (202) 343–2338; e-mail address: Cancel.Yaidi@epa.gov. SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB for review and approval according to the procedures prescribed in 5 CFR 1320.12. On February 22, 2010 (75 FR 7584), EPA sought comments on this ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. Any additional comments on this ICR should be submitted to EPA and OMB within 30 days of this notice. EPA has established a public docket for this ICR under Docket ID No. EPA– HQ–OAR–2009–0911, which is available for online viewing at http:// www.regulations.gov, or in person viewing at the Air Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is 202–566–1744, and the telephone number for the Air Docket is 202–566– 1742. Use EPA’s electronic docket and comment system at http:// www.regulations.gov, to submit or view public comments, access the index listing of the contents of the docket, and to access those documents in the docket that are available electronically. Once in the system, select ‘‘docket search,’’ then key in the docket ID number identified above. Please note that EPA’s policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing at http://www.regulations.gov as EPA receives them and without change, unless the comment contains copyrighted material, confidential business information (CBI), or other information whose public disclosure is restricted by statute. For further information about the electronic docket, go to http://www.regulations.gov. Title: Mobile Air Conditioner Retrofitting Program (Renewal) ICR numbers: EPA ICR No. 1774.05, OMB Control No. 2060–0350. ICR Status: This ICR is scheduled to expire on July 31, 2010. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information, unless it displays a E:\FR\FM\15JYN1.SGM 15JYN1

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[Federal Register Volume 75, Number 135 (Thursday, July 15, 2010)]
[Notices]
[Pages 41167-41171]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-17295]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. DW-004]


Energy Conservation Program for Consumer Products: Notice of 
Petition for Waiver of Whirlpool Corporation From the Department of 
Energy Residential Dishwasher Test Procedure, and Grant of Interim 
Waiver

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

ACTION: Notice of petition for waiver, notice of grant of interim 
waiver, and request for comments.

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SUMMARY: This notice announces receipt of and publishes the Whirlpool 
Corporation (Whirlpool) petition for waiver (hereafter, ``petition'') 
from specified portions of the U.S. Department of Energy (DOE) test 
procedure for determining the energy consumption of dishwashers. 
Today's notice also grants an interim waiver of the dishwasher test 
procedure. Through this notice, DOE also solicits comments with respect 
to the Whirlpool petition.

DATES: DOE will accept comments, data, and information with respect to 
the Whirlpool petition until, but no later than August 16, 2010.

ADDRESSES: You may submit comments, identified by case number DW-004, 
by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     E-mail: AS_Waiver_Requests@ee.doe.gov. Include either 
the case number [Case No. DW-004], and/or ``Whirlpool Petition'' in the 
subject line of the message.
     Mail: Ms. Brenda Edwards, U.S. Department of Energy, 
Building Technologies Program, Mailstop EE-2J/1000 Independence Avenue, 
SW., Washington, DC 20585-0121. Telephone: (202) 586-2945. Please 
submit one signed original paper copy.
     Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department 
of Energy, Building Technologies Program, 950 L'Enfant Plaza, SW., 
Suite 600, Washington, DC 20024. Please submit one signed original 
paper copy.
    Instructions: All submissions received must include the agency name 
and case number for this proceeding. Submit electronic comments in 
WordPerfect, Microsoft Word, Portable Document Format (PDF), or text 
(American Standard Code for Information Interchange (ASCII)) file 
format and avoid the use of special characters or any form of 
encryption. Wherever possible, include the electronic signature of the 
author. DOE does not accept telefacsimiles (faxes).
    Any person submitting written comments must also send a copy to the 
petitioner, pursuant to 10 CFR 431.401(d). The contact information for 
the petitioner is: Mr. J.B. Hoyt, Director, Government Relations, 
Whirlpool Corporation, 2000 M 63, Mail Drop 3005, Benton Harbor, MI 
49022, Phone: (269) 923-4647, E-mail: j.b.hoyt@whirlpool.com.
    According to 10 CFR 1004.11, any person submitting information that 
he or she believes to be confidential and exempt by law from public 
disclosure should submit two copies to DOE: One copy of the document 
including all the information believed to be confidential, and one copy 
of the document with the information believed to be confidential 
deleted. DOE will make its own determination about the confidential 
status of the information and treat it according to its determination.
    Docket: For access to the docket to review the background documents 
relevant to this matter, you may visit the U.S. Department of Energy, 
950 L'Enfant Plaza, SW., (Resource Room of the Building Technologies 
Program), Washington, DC, 20024; (202) 586-2945, between 9 a.m. and 4 
p.m., Monday through Friday, except Federal holidays. Available 
documents include the following items: (1) This notice; (2) public 
comments received; (3) the petition for waiver and application for 
interim waiver; and (4) prior DOE waivers and rulemakings regarding 
similar dishwasher products. Please call Ms. Brenda Edwards at the 
above telephone number for additional information regarding visiting 
the Resource Room.

FOR FURTHER INFORMATION CONTACT: Dr. Michael G. Raymond, U.S. 
Department of Energy, Building Technologies Program, Mail Stop EE-2J, 
Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 
20585-0121. Telephone: (202) 586-9611. E-mail: 
Michael.Raymond@ee.doe.gov.
    Ms. Elizabeth Kohl, U.S. Department of Energy, Office of the 
General Counsel, Mail Stop GC-71, Forrestal Building, 1000 Independence 
Avenue, SW., Washington, DC 20585-0103. Telephone: (202) 586-7796. E-
mail: Elizabeth.Kohl@hq.doe.gov.

SUPPLEMENTARY INFORMATION:

I. Background and Authority

    Title III of the Energy Policy and Conservation Act (``EPCA'') sets 
forth a variety of provisions concerning energy efficiency. Part A of 
Title III provides for the ``Energy Conservation Program for Consumer 
Products Other Than Automobiles.'' (42 U.S.C. 6291-6309) Part A 
includes definitions, test procedures, labeling provisions, energy 
conservation standards, and the authority to require information and 
reports from manufacturers. Further, Part A authorizes the Secretary of 
Energy to prescribe test procedures that are reasonably designed to 
produce results which measure energy efficiency, energy use, or 
estimated operating costs, and that are not unduly burdensome to 
conduct. (42 U.S.C. 6293(b)(3)) The test procedure for dishwashers is 
contained in 10 CFR part 430, subpart B, appendix C.
    The regulations set forth in 10 CFR part 430.27 contain provisions 
that

[[Page 41168]]

enable a person to seek a waiver from the test procedure requirements 
for covered consumer products. A waiver will be granted by the 
Assistant Secretary for Energy Efficiency and Renewable Energy (the 
Assistant Secretary) if it is determined that the basic model for which 
the petition for waiver was submitted contains one or more design 
characteristics that prevents testing of the basic model according to 
the prescribed test procedures, or if the prescribed test procedures 
may evaluate the basic model in a manner so unrepresentative of its 
true energy consumption characteristics as to provide materially 
inaccurate comparative data. 10 CFR part 430.27(l). Petitioners must 
include in their petition any alternate test procedures known to the 
petitioner to evaluate the basic model in a manner representative of 
its energy consumption. 10 CFR part 430.27(b)(1)(iii). The Assistant 
Secretary may grant the waiver subject to conditions, including 
adherence to alternate test procedures. 10 CFR part 430.27(l). Waivers 
remain in effect pursuant to the provisions of 10 CFR part 430.27(m).
    The waiver process also allows the Assistant Secretary to grant an 
interim waiver from test procedure requirements to manufacturers that 
have petitioned DOE for a waiver of such prescribed test procedures. 10 
CFR part 430.27(a)(2) An interim waiver remains in effect for 180 days 
or until DOE issues its determination on the petition for waiver, 
whichever is sooner. An interim waiver may be extended for an 
additional 180 days. 10 CFR part 430.27(h)

II. Petition for Waiver

    On March 16, 2010, Whirlpool filed a petition for waiver and 
application for interim waiver from the test procedure applicable to 
dishwashers set forth in 10 CFR part 430, subpart B, appendix C. 
Whirlpool claims that water softeners can prevent consumer behaviors 
that consume additional energy and water. Whirlpool also claims that a 
dishwasher equipped with a water softener will minimize pre-rinsing and 
rewashing, and that consumers will have less reason to periodically run 
their dishwasher through a clean-up cycle.
    Whirlpool also claims that the amount of water consumed by the 
regeneration operation of a water softener in a dishwasher is very 
small, but that it varies significantly depending on the adjustment of 
the softener. The regeneration operation takes place infrequently, and 
the frequency is related to the level of water hardness. Including this 
water use in the measurement of water consumption during an individual 
energy test cycle could overstate water use by as much as 12 percent, 
and energy use by as much as 6 percent, according to Whirlpool. In view 
of the small amount of water consumed during softener regeneration and 
the relative infrequency of the regeneration operation, Whirlpool is 
requesting approval to measure water consumption of dishwashers having 
water softeners without including the water consumed by the dishwasher 
during softener regeneration. This is the approach used in European 
Standard EN 50242, ``Electric Dishwashers for Household Use--Methods 
for Measuring the Performance.''

III. Application for Interim Waiver

    Whirlpool also requests an interim waiver for particular basic 
models with integrated water softeners. An interim waiver may be 
granted if it is determined that the applicant will experience economic 
hardship if the application for interim waiver is denied, if it appears 
likely that the petition for waiver will be granted, and/or the 
Assistant Secretary determines that it would be desirable for public 
policy reasons to grant immediate relief pending a determination of the 
petition for waiver. (10 CFR part 430.27(g)).
    DOE determined that Whirlpool's application for interim waiver does 
not provide sufficient market, equipment price, shipments, and other 
manufacturer impact information to permit DOE to evaluate the economic 
hardship Whirlpool might experience absent a favorable determination on 
its application for interim waiver. DOE understands, however, that the 
current test procedure may not predict accurately the water and energy 
consumption of its line of dishwashers with a built-in water softener. 
The test procedure will only register water consumption from softener 
regeneration in a small fraction of test runs, producing variable 
results. As a result, and based on the information provided by 
Whirlpool, DOE determined that the test results may provide materially 
inaccurate comparative data.
    Whirlpool provided the European Standard EN 50242, ``Electric 
Dishwashers for Household Use--Methods for Measuring the Performance,'' 
as an alternate test procedure. This standard excludes water use due to 
softener regeneration from its water use efficiency measure. DOE notes 
that if water consumption of a regeneration operation is to be 
apportioned across all cycles of operation, then manufacturers would 
need to make calculations regarding average water hardness and average 
water consumption due to regeneration operations that are not currently 
provided for or allowed by the test procedure. DOE is considering 
development of an averaging procedure for use as an alternate test 
procedure in the decision and order on the Whirlpool waiver, and 
welcomes comments and data in support of such a procedure. In the 
meantime, use of EN 50242 would provide repeatable results, but would 
slightly underestimate the energy and water use of these models. In its 
petition, Whirlpool estimated that, on average, 23 gallons/year of 
water and 4 kWh/year would be consumed in softener regeneration. These 
values are based on internal testing conducted by Whirlpool. Therefore, 
in the interim waiver, DOE is adding these constant values to the 
energy consumption measured by appendix C.
    Based on the likelihood of granting the petition for waiver, DOE 
grants Whirlpool's application for interim waiver. Therefore, Whirlpool 
shall not be required to test its dishwasher models:
    KitchenAid brand:

KUDE60SXSS
KUDS30SXSS

    Kenmore brand:

14052K01
14053K01
14059K01
14062K01
14063K01
14069K01

according to the existing DOE test procedure, which is found in 10 CFR 
430, subpart B, appendix C, but shall be required to test and rate such 
products according to the alternate test procedure as set forth below.
    Under appendix C, the water energy consumption, W or Wg, is 
calculated based on the water consumption as set forth in Sect. 4.3:
    Sec.  4.3 Water consumption. Measure the water consumption, V, 
expressed as the number of gallons of water delivered to the machine 
during the entire test cycle, using a water meter as specified in 
section 3.3 of this Appendix.
    Where the regeneration of the water softener depends on demand and 
water hardness, and does not take place on every cycle, Whirlpool shall 
measure the water consumption of dishwashers having water softeners 
without including the water consumed by the dishwasher during softener 
regeneration. If a regeneration operation takes place within the test, 
the water consumed by the regeneration operation shall be disregarded 
when declaring

[[Page 41169]]

water and energy consumption, but constant values of 23 gallons/year of 
water and 4 kWh/year of energy shall be added to the values measured by 
appendix C.

IV. Summary and Request for Comments

    Through today's notice, DOE announces receipt of Whirlpool's 
petition for waiver from certain parts of the test procedure that apply 
to dishwashers. DOE is publishing Whirlpool's petition for waiver in 
its entirety pursuant to 10 CFR 430.27(b)(1)(iv). The petition contains 
no confidential information. The petition includes a suggested 
alternate test procedure which is to measure the water consumption of 
dishwashers having water softeners without including the water consumed 
by the dishwasher during softener regeneration. DOE is interested in 
receiving comments from interested parties on all aspects of the 
petition, including the suggested alternate test procedure and any 
alternate test procedure. Pursuant to 10 CFR 430.27(b)(1)(iv), any 
person submitting written comments to DOE must also send a copy to the 
petitioner, whose contact information is included in the ADDRESSES 
section above.

    Issued in Washington, DC, on July 8, 2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.

J.B. Hoyt
Director, Government Relations
May 26, 2010
Via e-mail (cathy.zoi@ee.doe.gov) and Overnight Mail
The Honorable Catherine Zoi
Assistant Secretary, Energy Efficiency and Renewable Energy
U.S. Department of Energy
Mail Station EE-10
1000 Independence Avenue SW
Washington, DC 20585

A. Re: Amended Petition For Waiver and Application for Interim Waiver 
Under 10 CFR 430.27 for Dishwasher: With Integrated Water Softener
    Dear Assistant Secretary Zoi:
    Whirlpool Corporation (Whirlpool) respectfully submits this Amended 
Petition For Waiver and Application for Interim waiver, pursuant to 10 
CFR 430.27, to the U.S. Department of Energy (DOE) regarding the test 
procedure specified in 10 CFR Part 430, Subpt. B, App. C (Test 
Procedure) for measuring the energy consumption of dishwashers. This 
Petition is being amended, pursuant to the request of the Department, 
for purposes of identifying specific model numbers of affected 
dishwashers in Section 2 (below).
    This Amended Petition For Waiver and Application for Interim Waiver 
is directed to dishwashers containing a built-in or integrated water 
softener. 10 CFR 430.27(a)(1) provides that a manufacturer may submit a 
Petition to waive a requirement of Sec.  430.23 upon grounds that the 
basic model contains one or more design characteristics which either 
prevent testing of the basic model according to the prescribed test 
procedures, or the prescribed test procedures may evaluate the basic 
model in a manner so unrepresentative of its true energy consumption 
characteristics as to provide materially inaccurate comparative data. 
Additionally, 10 CFR 430.27(b)(2) allows an applicant to request an 
Interim Waiver if economic hardship and/or competitive disadvantage is 
likely to result absent a favorable determination on the Application 
for Interim Waiver.
    For the reasons set forth below, Whirlpool submits that the testing 
of dishwashers equipped with water softeners under the Test Procedure 
will lead to results that may be materially inaccurate and mislead 
consumers.

1. Petitioner.

    Whirlpool Corporation is the world's leading manufacturer and 
marketer of major home appliances, with annual sales of approximately 
$17 billion in 2009, 67,000 employees, and 67 manufacturing and 
technology research centers around the world. The company markets 
Whirlpool, Maytag, KitchenAid, Jenn-Air, Amana, Brastemp, Consul, 
Bauknecht and other major brand names to consumers in nearly every 
country around the world.

2. Identification of Basic Models.

    This Amended Petition For Waiver and Application for Interim Waiver 
is made with respect to all basic models of dishwashers that 
incorporate an integrated water softener (``Basic Models''). The Basic 
Model numbers are identified as follows:
    KitchenAid brand:
KUDE60SXSS
KUDS30SXSS

    Kenmore brand:

14052K01
14053K01
14059K01
14062K01
14063K01
14069K01

    The design characteristic that is common among the Basic Models is 
an integrated automatic water softener which is designed to 
periodically regenerate. During the regeneration operation water is 
flushed through the water softener. The regeneration operation occurs 
infrequently and depends on the adjustment of the softener. Water used 
during the regeneration operation is in addition to the water used by 
the dishwasher during a dishwasher ``normal'' cycle.

3. Background.

    A water softener reduces water hardness. Hard water is water that 
has high mineral content (in contrast with soft water). Hard water 
minerals primarily consist of calcium (Ca\2+\), and magnesium (Mg\2+\) 
metal cations, and sometimes other dissolved compounds such as 
bicarbonates and sulfates. Water hardness varies throughout the United 
States. Based on information provided by the U.S. Geological Survey, 
the mean water hardness within the U.S. is 217 mg/liter (milligrams per 
liter), which is the equivalent of 12.6 grains/gallon. See http://water.usgs.gov/owq/hardness-alkalinity.html
    Hard water reduces the effectiveness of detergent leading to the 
need for additional detergent. The amount of rinse aid use is also 
affected by water hardness; more rinse aid is necessary to achieve good 
results with hard water. As a result, high water hardness can 
contribute to filming on dishwasher items, leading to consumer 
behaviors such as increased pre-rinsing and, in some cases, rewashing 
of dishes either by hand or by subsequent dishwasher cycles. Further, 
hard water can lead to the presence of scale build-up within the 
dishwasher requiring periodic dishwasher cleaning (clean-up).
    Accordingly, systems that reduce water hardness can prevent 
behaviors that consume additional energy and water. Specifically, a 
dishwasher equipped with a water softener will minimize pre-rinsing and 
rewashing. Further, consumers will have less reason to periodically run 
their dishwasher through a clean-up cycle.
    Under common water softener technology, water passing through a 
resin tank loses positively charged calcium and magnesium ions to 
negatively charged plastic beads. The water is softened in this manner 
till the plastic beads no longer can supply a negative charge. A brine 
tank is provided and holds a salt solution that periodically flushes 
and regenerates the resin tank, replacing calcium and magnesium ions 
with sodium. The water softening regeneration process requires water 
for both regeneration and for back-rinsing processes. For the purposes 
of this Waiver, both water

[[Page 41170]]

usages are combined and used under the term ``regeneration.''
    In a dishwasher equipped with a consumer adjustable water softener, 
water softener regeneration does not take place during every cycle. 
Rather, regeneration takes place as a function of home water supply 
water hardness, determined by a customer adjustable dishwasher water 
hardness level setting. For a conventional dishwasher in a home with 
the mean water hardness of 12.6 grains per gallon, water softener 
regeneration may take place approximately every six to eight cycles. 
However, regeneration may vary significantly, depending on customer 
adjusted hardness level setting. As indicated by the U.S. Geological 
Survey information, water hardness within the U.S. varies 
significantly. For a significant population of U.S. consumers, their 
water hardness is such that no water softener operation is required.
    The amount of water used for softener regeneration, when 
apportioned evenly across all dishwasher cycles, is very small. For 
conventional dishwashers, Whirlpool estimates that the typical water 
use during regeneration ranges between two to three (2-3) liters (0.5-
0.8 gallons). If this amount is apportioned across six cycles (a 
reasonable average regeneration frequency rate), the water usage due to 
regeneration is approximately 0.41 liters/cycle (0.11 gallons/cycle). 
Based upon 215 dishwasher cycles per year \1\, the estimated annual 
water and energy consumption, due to water softener regeneration, will 
be approximately 23 gallons/year of water and 4 kWh/year, respectively. 
This is less than 1.5% of the total energy use of the average 
dishwasher.
---------------------------------------------------------------------------

    \1\ The annual dishwasher usage set forth in the Test Procedure.
---------------------------------------------------------------------------

    Providing a dishwasher with a water softener is not new. Most 
dishwashers manufactured and sold in European countries contain water 
softeners. Under the European Standard EN 50242 ``Electric Dishwashers 
for Household Use--Methods for Measuring the Performance,'' water usage 
and energy associated with water softeners is not included.
    Sec.  8.2.1 of EN 50242 is set forth below:
    Sec.  8.2.1 Regeneration operations
    For dishwashers, where the regeneration of the water softener 
depends on demand and water hardness, and does not take place on every 
cycle; when calculating the arithmetical mean value of the energy, 
water consumption and time, if a regeneration operation takes place, 
within the test procedure, it shall be disregarded when declaring 
energy, water and time values. (Emphasis added)
    Note: The frequency of the regeneration operations in some machines 
is not predictable and depends on the adjustment of the softener and 
the water hardness of the water used by the laboratories.
    In the test report, it shall be stated whether regeneration(s) 
occurred during the five (or more) test cycles.
    European Standard EN 50242 recognizes that including the water used 
during a regeneration operation would evaluate the tested dishwasher in 
a manner so unrepresentative of its true energy consumption 
characteristics as to provide materially inaccurate comparative data. 
Based on the infrequency of the regeneration operation, including the 
water used during a regeneration operation in the measurement of water 
consumption during an individual energy test cycle could lead to 
overstating the water use by as much as 12%, and overstating the energy 
use by as much as 6%.\2\
---------------------------------------------------------------------------

    \2\ Under energy testing of a soil-sensing dishwasher, energy 
consumption is derived from normal cycle operation at a low, medium 
and high soil sensor response. The 6% estimate is the potential 
additional energy consumption that may occur if a regeneration 
operation occurs during the light sensor response dishwasher cycle. 
10 CFR Part 430, Subpt. B, App. C, Sec.  5.3.2.
---------------------------------------------------------------------------

4. Requirements Sought To Be Waived.

    The Basic Models are subject to the provisions of 10 CFR Part 430, 
Subpt. B, App. C of the Test Procedure, which specifies the calculation 
of water energy consumption for non-soil-sensing and soil-sensing 
dishwashers using electrically or gas/oil heated water. Under the Test 
Procedure, the water energy consumption, W or Wg, are calculated based 
on the water consumption as set forth in 10 CFR Part 430, Subpt. B, 
App. C, Sect. 4.3:
    Sec.  4.3 Water consumption. Measure the water consumption, V, 
expressed as the number of gallons of water delivered to the machine 
during the entire test cycle, using a water meter as specified in 
section 3.3 of this Appendix.
    Whirlpool is requesting approval to measure water consumption of 
dishwashers having water softeners without including the water consumed 
by the dishwasher during softener regeneration. Similar to the European 
standard EN 50242, Whirlpool is proposing that if a regeneration 
operation takes place within the test procedure, the water consumed by 
the regeneration operation shall be disregarded when declaring water 
and energy consumption.

5. Grounds For Waiver and Interim Waiver.

    10 CFR 430.27(a)(1) provides that a Petition to waive a requirement 
of Sec.  430.23 may be submitted upon grounds that the basic model 
contains one or more design characteristics which either prevent 
testing of the basic model according to the prescribed test procedures, 
or the prescribed test procedures may evaluate the basic model in a 
manner so unrepresentative of its true energy consumption 
characteristics as to provide materially inaccurate comparative data.
    As noted above, the inclusion of a water softener in a dishwasher 
is likely to lead to water and energy savings due to enhanced 
effectiveness of the dishwasher. This advance in technology offers 
consumers a new benefit that should not be discouraged by the Test 
Procedure. Additionally, the amount of water consumed by the 
regeneration operation of a water softener in a dishwasher is very 
small and varies significantly depending on the adjustment of the 
softener.
    In view of the small amount of water consumed during softener 
regeneration and the relative infrequency of the regeneration 
operation, Whirlpool is requesting approval to measure water 
consumption of dishwashers having water softeners without including the 
water consumed by the dishwasher during softener regeneration. If this 
Waiver and Interim Waiver are not granted, there will be significant 
uncertainty in the method for measuring water consumption for 
dishwashers with water softeners. If water consumption due to water 
softeners is measured during an energy cycle, without any apportionment 
of this water across all cycles, energy use for a dishwasher could be 
overstated by a significant amount. If water consumption of a 
regeneration operation is to be apportioned across all cycles of 
operation, then manufacturers would need to make calculations regarding 
average water hardness and average water consumptions due to 
regeneration operations that are not currently provided for or allowed 
by the Test Procedure.

6. Justification for Whirlpool's Interim Waiver Application.

    Granting of an Interim Waiver is justified in this case because 
Whirlpool has provided strong evidence that demonstrates the likelihood 
of the granting of the Amended Petition for Waiver.

[[Page 41171]]

    Additionally, Whirlpool will suffer significant economic hardship 
and competitive disadvantage if this Interim Waiver Application is not 
granted and there are strong public policy justifications to issue an 
Interim Waiver to help promote uniform interpretation and application 
of the Test Procedure to dishwashers with water softeners. As discussed 
above, if this Interim Waiver is not granted, there will be significant 
uncertainty in how to measure water consumption for dishwashers with 
water softeners. This will cause economic hardship and competitive 
disadvantage for Whirlpool. There are long lead times and significant 
expenses associated with the design and manufacture of dishwashers. 
Compliance with federally mandated energy consumption standards and 
ENERGY STAR criteria is a critical design factor for dishwashers. Any 
delay in obtaining clarity on this issue will cause Whirlpool economic 
hardship and competitive disadvantage.

7. Manufacturers of Similar Products and Affected Manufacturers.

    We believe that at least two dishwasher manufacturers, BSH Home 
Appliances Corp. (Bosch-Siemens Hausgerate GmbH) and Miele Inc., are 
currently selling in the U.S. dishwashers with an integrated water 
softener.
    The manufacturers that sell dishwashers in the United States 
include ASKO Appliances, Inc., BSH Home Appliances Corp. (Bosch-Siemens 
Hausgerate GmbH), Electrolux North America, Inc., Fisher & Paykel 
Appliances, GE Appliances and Lighting, Haier America, Indesit Company 
Sa, LG Electronics USA, Miele, Inc., Samsung Electronics Co., and 
Viking Range Corporation. The Association of Home Appliances 
Manufacturers is also generally interested in energy efficiency 
requirements for appliances, including dishwashers. Whirlpool will 
notify all these entities as set forth in the Department's rules and 
provide them with a version of this Amended Petition and Application.

8. Conclusion.

    Whirlpool respectfully submits that by granting this Amended Waiver 
Petition and Application for Interim Waiver, the Department will ensure 
that advancements in technology and consumer beneficial innovations are 
not hindered by regulations, and that similar products are tested and 
rated for energy consumption on a comparable basis. This waiver should 
continue until the Test Procedure can be formally amended to exclude 
the water and energy consumed during a water softener regeneration 
operation.
    Whirlpool certifies that all manufacturers of domestically marketed 
dishwashers identified above have been notified by letter of this 
Amended Petition and application. Copies of such letter and related 
certification are attached hereto.
     Sincerely,
/s/J.B. Hoyt

-----------------------------------------------------------------------
J.B. Hoyt
Director, Government Relations
Whirlpool Corporation

[FR Doc. 2010-17295 Filed 7-14-10; 8:45 am]
BILLING CODE 6450-01-P