Energy Conservation Program for Consumer Products: Decision and Order Granting a Waiver to Whirlpool Corporation From the Department of Energy Residential Dishwasher Test Procedure, 62127-62129 [2010-25272]
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Federal Register / Vol. 75, No. 194 / Thursday, October 7, 2010 / Notices
Confidential Information
DACA makes no request to DOE for
confidential treatment of any information
contained in this Petition for Waiver and
Application for Interim Waiver.
measuring energy and water
consumption.
DATES: This Decision and Order is
effective October 7, 2010.
Conclusion
Daikin AC (Americas), Inc. respectfully
requests DOE to grant its Petition for Waiver
of the applicable test procedure to DACA for
specified models of the Altherma system, and
to grant its Application for Interim Waiver.
DOE’s failure to issue an interim waiver from
test standards would cause significant
economic hardship to DACA by preventing
DACA from marketing these products even
though DOE has previously granted a waiver
to other products that were offered in the
market with similar design characteristics.
We would be pleased to respond to any
questions you may have regarding this
Petition for Waiver and Application for
Interim Waiver. Please contact me at 972–
245–1510 or by email at:
Lee.smith@daikinac.com.
Sincerely,
Lee Smith
Assistant Vice President—Residential
Solutions
Daikin AC (Americas), Inc.
1645 Wallace Drive, Suite 110
Carrollton, Texas 75006
(Submitted in triplicate)
Encls: Copy of Daikin Altherma Brochure,
Engineering Data, EN Testing & Rating
Standards
[FR Doc. 2010–25302 Filed 10–6–10; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Office of Energy Efficiency and
Renewable Energy
[Case No. DW–004]
Energy Conservation Program for
Consumer Products: Decision and
Order Granting a Waiver to Whirlpool
Corporation From the Department of
Energy Residential Dishwasher Test
Procedure
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Decision and order.
AGENCY:
The U.S. Department of
Energy (DOE) gives notice of the
decision and order (Case No. DW–004)
that grants to Whirlpool Corporation
(Whirlpool) a waiver from the DOE
dishwasher test procedure for certain
basic models containing integrated or
built-in water softeners. Under today’s
decision and order, Whirlpool shall be
required to test and rate its dishwashers
with integrated water softeners using an
alternate test procedure that takes this
technology into account when
jdjones on DSK8KYBLC1PROD with NOTICES
SUMMARY:
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14:42 Oct 06, 2010
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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. Jennifer Tiedeman, 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) 287–6111. Email: Jennifer.Tiedeman@hq.doe.gov.
SUPPLEMENTARY INFORMATION: In
accordance with Title 10 of the Code of
Federal Regulations (10 CFR 430.27(l)),
DOE gives notice of the issuance of its
decision and order as set forth below.
The decision and order grants
Whirlpool a waiver from the applicable
residential dishwasher test procedure in
10 CFR part 430, subpart B, appendix C
for certain basic models of dishwashers
with built-in or integrated water
softeners, provided that Whirlpool tests
and rates such products using the
alternate test procedure described in
this notice. Today’s decision prohibits
Whirlpool from making representations
concerning the energy efficiency of
these products unless the product has
been tested consistent with the
provisions and restrictions in the
alternate test procedure set forth in the
decision and order below, and the
representations fairly disclose the test
results. Distributors, retailers, and
private labelers are held to the same
standard when making representations
regarding the energy efficiency of these
products. 42 U.S.C. 6293(c).
FOR FURTHER INFORMATION CONTACT:
Issued in Washington, DC, on September
30, 2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and
Renewable Energy.
Decision and Order
In the Matter of: Whirlpool
Corporation (Case No. DW–004).
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
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Fmt 4703
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62127
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 that 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 residential dishwashers,
the subject of today’s notice, is
contained in 10 CFR part 430, subpart
B, appendix C.
DOE’s regulations for covered
products contain provisions allowing a
person to seek a waiver for a particular
basic model from the test procedure
requirements for covered consumer
products when (1) the petitioner’s basic
model for which the petition for waiver
was submitted contains one or more
design characteristics that prevent
testing according to the prescribed test
procedure, or (2) when 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
430.27(a)(1). 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 characteristics. 10 CFR
430.27(b)(1)(iii).
The Assistant Secretary for Energy
Efficiency and Renewable Energy (the
Assistant Secretary) may grant a waiver
subject to conditions, including
adherence to alternate test procedures.
10 CFR 430.27(l). Waivers remain in
effect pursuant to the provisions of 10
CFR 430.27(m).
Any interested person who has
submitted a petition for waiver may also
file an application for interim waiver of
the applicable test procedure
requirements. 10 CFR 430.27(a)(2). The
Assistant Secretary will grant an interim
waiver request if it is determined that
the applicant will experience economic
hardship if the 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 on the petition
for waiver. 10 CFR 430.27(g).
II. Whirlpool’s Petition for Waiver:
Assertions and Determinations
On March 16, 2010, Whirlpool filed a
petition for waiver from the test
procedure applicable to residential
dishwashers set forth in 10 CFR Part
430, subpart B, appendix C. The
products covered by the petition employ
E:\FR\FM\07OCN1.SGM
07OCN1
jdjones on DSK8KYBLC1PROD with NOTICES
62128
Federal Register / Vol. 75, No. 194 / Thursday, October 7, 2010 / Notices
integrated or built-in water softeners.
Whirlpool asserted that the DOE test
procedure does not account for the
energy and water use incurred by water
softener regeneration. Whirlpool’s
petition was published in the Federal
Register on July 15, 2010. 75 FR 41167.
DOE received one comment, from
General Electric Appliances (GE), on the
Whirlpool petition, discussed below.
Whirlpool claims that water softeners
can prevent consumer behaviors that
consume additional energy and water.
Whirlpool asserts that a dishwasher
equipped with a water softener will
minimize pre-rinsing and rewashing,
and that consumers will have less
reason to run their dishwasher through
a clean-up cycle periodically. Further,
Whirlpool 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.
According to Whirpool, including water
use attributable to the regeneration
operation 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. In
view of the small amount of water
consumed during softener regeneration
and the relative infrequency of the
regeneration operation, Whirlpool
requests approval to measure water
consumption of its dishwashers
equipped with 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’’ (EN 50242), which
Whirlpool recommends.
The current DOE test procedure only
registers water consumption from
softener regeneration in a small fraction
of test runs, producing variable results.
As a result, and using the information
provided by Whirlpool, DOE has
determined that test results may provide
materially inaccurate comparative data.
DOE has considered EN 50242 as an
alternate test procedure. This standard
excludes water use due to softener
regeneration from its water use
efficiency measure. Use of EN 50242
would provide repeatable results, but
would slightly underestimate the energy
and water use of these models. DOE
notes that if water consumption of a
regeneration operation is to be
apportioned across all cycles of
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14:42 Oct 06, 2010
Jkt 223001
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. 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.
GE, in its comment on Whirlpool’s
petition, stated that if water
consumption occurring during
regeneration operations were excluded
entirely, it could lead to ambiguity in
the test procedure. GE recommended
requiring an additive factor to overall
annual energy and water consumption
that captures representative energy and
water use for softener regeneration. In
the alternate test procedure DOE granted
in July 2010 in response to Whirlpool’s
application for interim waiver, DOE
added the constant values of 23 gallons/
year of water and 4 kWh/year to the
energy consumption measured by
appendix C. These values were based on
Whirlpool’s internal testing. DOE is
retaining these additive constants in its
alternate test procedure. GE also stated
that the test procedure could ensure that
regeneration does not occur during the
three runs required in the test cycle by
specifying that the start of the DOE test
should begin on a cycle immediately
following a regeneration cycle. DOE
agrees that this provision would help
ensure repeatability of the test
procedure, and is incorporating it into
its alternate test procedure.
III. Consultations With Other Agencies
DOE consulted with the Federal Trade
Commission (FTC) staff concerning the
Whirlpool petition for waiver. The FTC
staff did not have any objections to
granting a waiver to Whirlpool.
IV. Conclusion
After careful consideration of all the
material that was submitted by
Whirlpool, the comment submitted by
GE, and consultation with the FTC staff,
it is ordered that:
(1) The petition for waiver submitted
by the Whirlpool Corporation (Case No.
DW–004) is hereby granted as set forth
in the paragraphs below.
(2) Whirlpool shall not be required to
test or rate the following models on the
basis of the current test procedures
contained in 10 CFR part 430, subpart
B, appendix C. Instead, it shall be
required to test and rate such products
according to the alternate test procedure
as set forth in paragraph (3) below:
KitchenAid brand:
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KUDE60SXSS
KUDS30SXSS
Kenmore brand:
14052K01
14053K01
14059K01
14062K01
14063K01
14069K01
(3) Whirlpool shall be required to test
the products listed in paragraph (2)
above according to the test procedures
for dishwashers prescribed by DOE at 10
CFR part 430, appendix C, except that,
for the Whirlpool products listed in
paragraph (2) only:
In Section 4.1, Test cycle, add at the
end, ‘‘The start of the DOE test should
begin on a cycle immediately following
a regeneration cycle.’’
In Section 4.3, the water energy
consumption, W or Wg, is calculated
based on the water consumption as set
forth below:
§ 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 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
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.
(4) Representations. Whirlpool may
make representations about the energy
use of its dishwashers containing
integrated or built-in water softeners for
compliance, marketing, or other
purposes only to the extent that such
products have been tested in accordance
with the provisions outlined above and
such representations fairly disclose the
results of such testing.
(5) This waiver shall remain in effect
consistent with the provisions of 10 CFR
430.27(m).
(6) This waiver is issued on the
condition that the statements,
representations, and documentary
materials provided by the petitioner are
valid. DOE may revoke or modify this
waiver at any time if it determines the
factual basis underlying the petition for
waiver is incorrect, or the results from
E:\FR\FM\07OCN1.SGM
07OCN1
Federal Register / Vol. 75, No. 194 / Thursday, October 7, 2010 / Notices
the alternate test procedure are
unrepresentative of the basic models’
true energy consumption characteristics.
Issued in Washington, DC, on September
30, 2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and
Renewable Energy.
[FR Doc. 2010–25272 Filed 10–6–10; 8:45 am]
BILLING CODE 6450–01–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2005–0163; FRL–8848–1]
Aldicarb; Notice of Receipt of Request
to Voluntarily Cancel a Pesticide
Registration
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
In accordance with section
6(f)(1) of the Federal Insecticide,
Fungicide, and Rodenticide Act
(FIFRA), as amended, EPA is issuing a
notice of receipt of a request by the
registrant to voluntarily cancel all of the
registrations for aldicarb products held
by Bayer CropScience. The request asks
for the deletion at various times of
aldicarb use in or on citrus, cotton, dry
beans, peanuts, potatoes, soybeans,
sugar potatoes, sugar beets, and sweet
potatoes. Because these uses constitute
all the remaining uses of aldicarb,
Bayer’s request would result in the
termination of the last aldicarb product
registered for use in the United States.
EPA intends to grant this request at the
close of the comment period for this
announcement unless the Agency
receives substantive comments within
the comment period that would merit its
further review of the request. If this
request is granted, any sale, distribution,
or use of products listed in this notice
will be permitted after the registration
has been canceled only if such sale,
distribution, or use is consistent with
the terms as described in the final order.
DATES: Comments must be received on
or before November 8, 2010.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPP–2005–0163, by
one of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• Mail: Office of Pesticide Programs
(OPP) Regulatory Public Docket (7502P),
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001.
jdjones on DSK8KYBLC1PROD with NOTICES
SUMMARY:
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(8:30 a.m. to 4 p.m., Monday through
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Special arrangements should be made
for deliveries of boxed information. The
Docket Facility telephone number is
(703) 305–5805.
Instructions: Direct your comments to
docket ID number EPA–HQ–OPP–2005–
0163. EPA’s policy is that all comments
received will be included in the docket
without change and may be made
available on-line at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
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Do not submit information that you
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If you send an e-mail comment directly
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PO 00000
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62129
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07OCN1
Agencies
[Federal Register Volume 75, Number 194 (Thursday, October 7, 2010)]
[Notices]
[Pages 62127-62129]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-25272]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. DW-004]
Energy Conservation Program for Consumer Products: Decision and
Order Granting a Waiver to Whirlpool Corporation From the Department of
Energy Residential Dishwasher Test Procedure
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Decision and order.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (DOE) gives notice of the
decision and order (Case No. DW-004) that grants to Whirlpool
Corporation (Whirlpool) a waiver from the DOE dishwasher test procedure
for certain basic models containing integrated or built-in water
softeners. Under today's decision and order, Whirlpool shall be
required to test and rate its dishwashers with integrated water
softeners using an alternate test procedure that takes this technology
into account when measuring energy and water consumption.
DATES: This Decision and Order is effective October 7, 2010.
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. Jennifer Tiedeman, 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) 287-6111. E-
mail: Jennifer.Tiedeman@hq.doe.gov.
SUPPLEMENTARY INFORMATION: In accordance with Title 10 of the Code of
Federal Regulations (10 CFR 430.27(l)), DOE gives notice of the
issuance of its decision and order as set forth below. The decision and
order grants Whirlpool a waiver from the applicable residential
dishwasher test procedure in 10 CFR part 430, subpart B, appendix C for
certain basic models of dishwashers with built-in or integrated water
softeners, provided that Whirlpool tests and rates such products using
the alternate test procedure described in this notice. Today's decision
prohibits Whirlpool from making representations concerning the energy
efficiency of these products unless the product has been tested
consistent with the provisions and restrictions in the alternate test
procedure set forth in the decision and order below, and the
representations fairly disclose the test results. Distributors,
retailers, and private labelers are held to the same standard when
making representations regarding the energy efficiency of these
products. 42 U.S.C. 6293(c).
Issued in Washington, DC, on September 30, 2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.
Decision and Order
In the Matter of: Whirlpool Corporation (Case No. DW-004).
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 that 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 residential dishwashers, the
subject of today's notice, is contained in 10 CFR part 430, subpart B,
appendix C.
DOE's regulations for covered products contain provisions allowing
a person to seek a waiver for a particular basic model from the test
procedure requirements for covered consumer products when (1) the
petitioner's basic model for which the petition for waiver was
submitted contains one or more design characteristics that prevent
testing according to the prescribed test procedure, or (2) when
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 430.27(a)(1).
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 characteristics. 10 CFR
430.27(b)(1)(iii).
The Assistant Secretary for Energy Efficiency and Renewable Energy
(the Assistant Secretary) may grant a waiver subject to conditions,
including adherence to alternate test procedures. 10 CFR 430.27(l).
Waivers remain in effect pursuant to the provisions of 10 CFR
430.27(m).
Any interested person who has submitted a petition for waiver may
also file an application for interim waiver of the applicable test
procedure requirements. 10 CFR 430.27(a)(2). The Assistant Secretary
will grant an interim waiver request if it is determined that the
applicant will experience economic hardship if the 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 on the petition for waiver. 10 CFR 430.27(g).
II. Whirlpool's Petition for Waiver: Assertions and Determinations
On March 16, 2010, Whirlpool filed a petition for waiver from the
test procedure applicable to residential dishwashers set forth in 10
CFR Part 430, subpart B, appendix C. The products covered by the
petition employ
[[Page 62128]]
integrated or built-in water softeners. Whirlpool asserted that the DOE
test procedure does not account for the energy and water use incurred
by water softener regeneration. Whirlpool's petition was published in
the Federal Register on July 15, 2010. 75 FR 41167. DOE received one
comment, from General Electric Appliances (GE), on the Whirlpool
petition, discussed below.
Whirlpool claims that water softeners can prevent consumer
behaviors that consume additional energy and water. Whirlpool asserts
that a dishwasher equipped with a water softener will minimize pre-
rinsing and rewashing, and that consumers will have less reason to run
their dishwasher through a clean-up cycle periodically. Further,
Whirlpool 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. According to
Whirpool, including water use attributable to the regeneration
operation 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. In view of the small amount of
water consumed during softener regeneration and the relative
infrequency of the regeneration operation, Whirlpool requests approval
to measure water consumption of its dishwashers equipped with 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'' (EN 50242), which Whirlpool recommends.
The current DOE test procedure only registers water consumption
from softener regeneration in a small fraction of test runs, producing
variable results. As a result, and using the information provided by
Whirlpool, DOE has determined that test results may provide materially
inaccurate comparative data. DOE has considered EN 50242 as an
alternate test procedure. This standard excludes water use due to
softener regeneration from its water use efficiency measure. Use of EN
50242 would provide repeatable results, but would slightly
underestimate the energy and water use of these models. 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
consumptions due to regeneration operations that are not currently
provided for or allowed by the test procedure. 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.
GE, in its comment on Whirlpool's petition, stated that if water
consumption occurring during regeneration operations were excluded
entirely, it could lead to ambiguity in the test procedure. GE
recommended requiring an additive factor to overall annual energy and
water consumption that captures representative energy and water use for
softener regeneration. In the alternate test procedure DOE granted in
July 2010 in response to Whirlpool's application for interim waiver,
DOE added the constant values of 23 gallons/year of water and 4 kWh/
year to the energy consumption measured by appendix C. These values
were based on Whirlpool's internal testing. DOE is retaining these
additive constants in its alternate test procedure. GE also stated that
the test procedure could ensure that regeneration does not occur during
the three runs required in the test cycle by specifying that the start
of the DOE test should begin on a cycle immediately following a
regeneration cycle. DOE agrees that this provision would help ensure
repeatability of the test procedure, and is incorporating it into its
alternate test procedure.
III. Consultations With Other Agencies
DOE consulted with the Federal Trade Commission (FTC) staff
concerning the Whirlpool petition for waiver. The FTC staff did not
have any objections to granting a waiver to Whirlpool.
IV. Conclusion
After careful consideration of all the material that was submitted
by Whirlpool, the comment submitted by GE, and consultation with the
FTC staff, it is ordered that:
(1) The petition for waiver submitted by the Whirlpool Corporation
(Case No. DW-004) is hereby granted as set forth in the paragraphs
below.
(2) Whirlpool shall not be required to test or rate the following
models on the basis of the current test procedures contained in 10 CFR
part 430, subpart B, appendix C. Instead, it shall be required to test
and rate such products according to the alternate test procedure as set
forth in paragraph (3) below:
KitchenAid brand:
KUDE60SXSS
KUDS30SXSS
Kenmore brand:
14052K01
14053K01
14059K01
14062K01
14063K01
14069K01
(3) Whirlpool shall be required to test the products listed in
paragraph (2) above according to the test procedures for dishwashers
prescribed by DOE at 10 CFR part 430, appendix C, except that, for the
Whirlpool products listed in paragraph (2) only:
In Section 4.1, Test cycle, add at the end, ``The start of the DOE
test should begin on a cycle immediately following a regeneration
cycle.''
In Section 4.3, the water energy consumption, W or Wg, is
calculated based on the water consumption as set forth below:
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
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 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.
(4) Representations. Whirlpool may make representations about the
energy use of its dishwashers containing integrated or built-in water
softeners for compliance, marketing, or other purposes only to the
extent that such products have been tested in accordance with the
provisions outlined above and such representations fairly disclose the
results of such testing.
(5) This waiver shall remain in effect consistent with the
provisions of 10 CFR 430.27(m).
(6) This waiver is issued on the condition that the statements,
representations, and documentary materials provided by the petitioner
are valid. DOE may revoke or modify this waiver at any time if it
determines the factual basis underlying the petition for waiver is
incorrect, or the results from
[[Page 62129]]
the alternate test procedure are unrepresentative of the basic models'
true energy consumption characteristics.
Issued in Washington, DC, on September 30, 2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 2010-25272 Filed 10-6-10; 8:45 am]
BILLING CODE 6450-01-P