Federal Register / Vol. 78, No. 154 / Friday, August 9, 2013 / Notices 48661 

1For editorial reasons, upon codification in the 

U.S. Code, Part B was re-designated Part A. 

collections from the Office of 

Postsecondary Education to Federal 

Student Aid that the regulatory sub 

sections were incorrectly included in 

this package. 

Additionally, the Department is 

requesting the removal of the 1,750 

burden hours currently attributed to 34 

CFR 668.167 FFEL Program funds. This 

is due to the authority to make new 

Federal Family Education Loan (FFEL) 

program being terminated as of July 1, 

2010 as a result of the Student Aid and 

Fiscal Responsibility Act (SAFRA) that 

was included in the Health Care and 

Reconciliation Act of 2010 (HCERA). 

Kate Mullan, 

Acting Director, Information Collection 

Clearance Division, Privacy, Information and 

Records Management Services, Office of 

Management. 

[FR Doc. 2013–19294 Filed 8–8–13; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF ENERGY 

[OE Docket No. PP–387] 

Application for Presidential Permit; 

Soule River Hydroelectric Project: 

Correction 

AGENCY: Office of Electricity Delivery 

and Energy Reliability, DOE. 

ACTION: Notice of Application; 

correction. 

SUMMARY: The Department of Energy 

(DOE) Office of Electricity Delivery and 

Energy Reliability corrects a Notice of 

Application published in the Federal 

Register (76 FR 50726) on July 30, 2013, 

to revise the DOE point of contact and 

program Web site for Docket No. PP– 

387. 

ADDRESSES: Comments, protests, or 

motions to intervene should be 

addressed as follows: 

Christopher Lawrence, Office of 

Electricity Delivery and Energy 

Reliability (OE–20), U.S. Department of 

Energy, 1000 Independence Avenue 

SW., Washington, DC 20585. 

FOR FURTHER INFORMATION CONTACT: 

Christopher Lawrence (Program Office) 

at 202–586–5260 or via electronic mail 

at Christopher.Lawrence@hq.doe.gov or 

Katherine L. Konieczny (AttorneyAdviser) at 202–586–0503 or via 

electronic mail at 

Katherine.Konieczny@hq.doe.gov. 

Procedural Matters: Copies of this 

application will be made available, 

upon request, for public inspection and 

copying at the address provided above, 

by accessing the program Web site at 

http://energy.gov/oe/services/electricitypolicy-coordination-andimplementation/internationalelectricity-regulatio-2, or by emailing 

Angela Troy at angela.troy@hq.doe.gov. 

Issued in Washington, DC, on August 5, 

2013. 

Brian Mills, 

Director, Permitting and Siting, Office of 

Electricity Delivery and Energy Reliability. 

[FR Doc. 2013–19311 Filed 8–8–13; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. DW–011] 

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 

waiver from specified portions of the 

U.S. Department of Energy (DOE) test 

procedure for determining the energy 

and water consumption of dishwashers. 

In its petition, Whirlpool provides an 

alternate test procedure specific to a 

KitchenAid brand dishwasher equipped 

with a ‘‘water use system.’’ DOE solicits 

comments, data, and information 

concerning Whirlpool’s petition and the 

proposed alternate test procedure. 

Today’s notice also grants Whirlpool an 

interim waiver from the existing DOE 

test procedures for the subject 

KitchenAid brand dishwasher. 

DATES: DOE will accept comments, data, 

and information with respect to the 

Whirlpool petition until September 9, 

2013. 

ADDRESSES: You may submit comments, 

identified by case number DW–011, by 

any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Email: 

AS_Waiver_Requests@ee.doe.gov. 

Include ‘‘Case No. DW–011’’ in the 

subject line of the message. 

• Mail: Ms. Brenda Edwards, U.S. 

Department of Energy, Building 

Technologies Program, Mailstop EE–2J, 

Petition for Waiver Case No. DW–011, 

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. 

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., Washington, DC, 20024; 

(202) 586–2945, between 9:00 a.m. and 

4:00 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. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Bryan Berringer, U.S. Department of 

Energy, Building Technologies Program, 

Mail Stop EE–2J, Forrestal Building, 

1000 Independence Avenue SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–0371. Email: 

Bryan.Berringer@ee.doe.gov. 

Mr. James Silvestro, 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) 286–4224. Email: 

James.Silvestro@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background and Authority 

Title III, Part B of the Energy Policy 

and Conservation Act of 1975 (EPCA), 

Public Law 94–163 (42 U.S.C. 6291– 

6309, as codified) established the 

Energy Conservation Program for 

Consumer Products Other Than 

Automobiles, a program covering most 

major household appliances, which 

includes dishwashers.1 Part B includes 

definitions, test procedures, labeling 

provisions, energy conservation 

standards, and the authority to require 

information and reports from 

manufacturers. Further, Part B 

authorizes the Secretary of Energy to 

prescribe test procedures that are 

reasonably designed to produce results 

which measure energy efficiency, 

energy use, water use, or estimated 

operating costs, and that are not unduly 


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48662 Federal Register / Vol. 78, No. 154 / Friday, August 9, 2013 / Notices 

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 C1. 

The regulations set forth in 10 CFR 

430.27 contain provisions that enable a 

party 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 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. The 

Assistant Secretary may grant the 

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). 

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 

430.27(a)(2). An interim waiver must 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 430.27(g) An interim waiver 

remains in effect for 180 days or until 

DOE issues its determination on the 

petition for waiver, whichever is sooner. 

DOE may extend an interim waiver for 

an additional 180 days. 10 CFR 

430.27(h) 

II. Application for Interim Waiver and 

Petition for Waiver 

On July 3, 2013, Whirlpool submitted 

the petition for waiver and interim 

waiver from the test procedure 

applicable to dishwashers set forth in 10 

CFR part 430, subpart B, appendix C1. 

Whirlpool seeks a waiver from the 

applicable test procedure for its 

KitchenAid brand basic model 

KDTE554C++# dishwasher equipped 

with a ‘‘water use system’’ because, 

Whirlpool asserts, design characteristics 

of this basic model prevent testing in 

accordance with the currently 

prescribed test procedure and will lead 

to results that are materially inaccurate 

and mislead consumers. 

Whirlpool states that the dishwasher 

‘‘water use system’’ saves water from the 

final rinse of a given dishwasher cycle 

for use in a subsequent dishwasher 

cycle. If not operated for three or more 

days, the dishwasher will ‘‘drain out’’ 

the saved water. The dishwasher also 

performs a ‘‘clean out’’ every thirty days 

or thirty cycles, whichever occurs first. 

Both ‘‘drain out’’ and ‘‘clean out’’ events 

consume additional water and energy 

during the subsequent cycle. This 

additional water and energy 

consumption are accounted for in the 

waiver petition. The ‘‘water use system’’ 

is installed on soil-sensing model 

dishwashers that utilize 120 degree 

(deg.) Fahrenheit (F) inlet water. A 

‘‘drain out’’ event consumes an 

additional 1.02 gallons of water for a 

cycle in which it occurs. The ‘‘clean 

out’’ event consumes an additional 1.24 

gallons of water for a cycle in which it 

occurs. ‘‘Drain out’’ and ‘‘clean out’’ 

events occur during the active mode, 

but before the power dry portion of the 

cycle begins. The power dry, fan-only 

mode, inactive mode, and off mode are 

not affected by ‘‘water use system’’ 

operation water consumption or energy 

consumption. 

DOE has 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 has 

also determined, however, that it is 

likely Whirlpool’s petition will be 

granted, and that it is desirable for 

public policy reasons to grant Whirlpool 

relief pending a determination on the 

petition. Based on the information 

provided by Whirlpool, use of the DOE 

test procedure may provide materially 

inaccurate comparative data. 

Based on these considerations, it 

appears likely that the petition for 

waiver will be granted. As a result, DOE 

grants Whirlpool’s application for 

interim waiver for the basic models of 

dishwashers specified in its petition for 

waiver, pursuant to 10 CFR 430.27(g). 

Therefore, it is ordered that: 

The application for interim waiver 

filed by Whirlpool is hereby granted for 

the specified Whirlpool dishwasher 

basic model, subject to the 

specifications and conditions below. 

Whirlpool shall be required to test 

and rate the specified dishwasher 

products according to the alternate test 

procedure as set forth in section III, 

‘‘Alternate Test Procedure.’’ 

The interim waiver applies to the 

following basic model group: 

KitchenAid brand: 

Basic Model—KDTE554C ++ # 

DOE makes decisions on waivers and 

interim waivers for only those basic 

models specifically set out in the 

petition, and this interim waiver does 

not apply to other basic models that 

may be manufactured by the petitioner 

now or in the future. Whirlpool may 

submit a subsequent petition for waiver 

and request for grant of interim waiver, 

as appropriate, for additional basic 

models of dishwashers for which it 

seeks a waiver from the DOE test 

procedure. In addition, DOE notes that 

the grant of an interim waiver or waiver 

does not release a petitioner from the 

certification requirements set forth at 10 

CFR part 429. 

III. Alternate Test Procedure 

EPCA requires that manufacturers use 

DOE test procedures to make 

representations about the energy 

consumption and water consumption of 

products covered by the statute. 42 

U.S.C. 6293(c). Consistent 

representations are important for 

manufacturers to use in making 

representations about the energy 

efficiency of their products and to 

demonstrate compliance with 

applicable DOE energy conservation 

standards. Pursuant to its regulations 

applicable to waivers and interim 

waivers, set forth at 10 CFR 430.27, DOE 

will consider requiring an alternate test 

procedure for Whirlpool in a subsequent 

Decision and Order. 

During the period of the interim 

waiver granted in this notice, Whirlpool 

shall test its dishwasher basic models 

according to the existing DOE test 

procedure at 10 CFR 430, subpart B, 

appendix C1 with the modification set 

forth below. 

‘‘Water use system’’ water and energy 

consumption shall be accounted for 

during dishwasher water and energy 

measurement and reporting. The 

following is a summary of the additional 

modifications required: 

• For ‘‘drain out’’ events, constant 

values of 0.072 gallons per cycle and 2.6 

kWh/year shall be added to values 

measured by appendix C1. 

• For ‘‘clean out’’ events, constant 

values of 0.071 gallons per cycle and 

10.3 kWh/year shall also be added to 

values measured by appendix C1. 


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Federal Register / Vol. 78, No. 154 / Friday, August 9, 2013 / Notices 48663 

• To calculate the detergent quantity 

for testing, a constant value of 0.91 

gallons for the water fill amount shall be 

used, representing both saved water fill 

and house supply water fill. 

• For verification testing, if a ‘‘drain 

out’’ or ‘‘clean out’’ event occurs, any 

results from that use of the test 

procedure shall be disregarded. 

Disconnect and reconnect power to the 

dishwasher, then restart the test 

procedure. 

Æ To detect a ‘‘drain out’’ event, 

measure the water volume supplied 

during the first fill. A cycle shall be 

considered to have a ‘‘drain out’’ event 

if the first fill uses approximately 1 

gallon from the water supply. Without 

a ‘‘drain out’’ event, the first fill would 

use approximately 0.11 gallons from the 

water supply. 

Æ To detect a ‘‘clean out’’ event, 

monitor the temperature of the sump 

water using an additional temperature 

measuring device. The device shall be 

placed inside the sump in an area such 

that the device will always be 

submerged in water and will not 

interfere with the operation of the 

dishwasher. A cycle shall be considered 

to have a ‘‘clean out’’ event if the 

temperature of the sump water during 

wash and rinse portions of the cycle 

reaches 150 deg. F. Without a ‘‘clean 

out’’ event, the highest sump water 

temperatures would reach 

approximately 140 deg. F. 

• It is recommended that all testing 

be completed within 28 days, and 

within 28 cycles of first dishwasher use, 

to avoid a ‘‘clean out’’ event. No more 

than 68 hours should lapse between the 

start of cycles to avoid a ‘‘drain out’’ 

event. Cycles include preconditioning 

cycles as well as test cycles. 

For further information and detailed 

methodology of calculations, please 

continue reading through the remainder 

of this section before proceeding to 

section 5 of appendix C1. 

Further detail and calculation 

method: 

‘‘Drain out’’ event (if dishwasher is 

not used for 3 or more days)—The 

‘‘drain out’’ event consumes an 

additional 1.02 gallons of water for the 

cycle in which it occurs. Consumer 

research shows that only seven percent 

of consumer cycles, for consumers who 

run approximately 215 cycles/year, have 

longer than a three day delay between 

cycles. This results in ‘‘drain out’’ water 

and energy usage of 0.072 gallons/cycle 

and 2.61 kWh/year: 

• 7 percent of 215 cycles/year equates 

to 15.1 cycles/year. 

• 15.1 cycles/year multiplied by 1.02 

gallons/cycle results in 15.4 gallons/ 

year of additional water usage for ‘‘drain 

out’’ events. 

• 15.4 gallons/year apportioned 

across all 215 cycles calculates to 0.072 

gallons/cycle. 

• The ‘‘drain out’’ event water energy 

consumption, based on 15.4 gallons/ 

year, calculates to 2.59 kWh/year (15.4 

gallons/year multiplied by 70 deg. F 

water heater temperature rise multiplied 

by the constant K of 0.0024 kWh/gallon/ 

deg. F). 

• The additional machine energy 

consumption associated with a ‘‘drain 

out’’ event is less than 0.001 kWh/event 

or 0.02 kWh/year. 

Æ Pump and valve: 10 W for 4.5 

minutes followed by 30 W for 0.5 

minutes; 7 percent of 215 cycles/year is 

used for the calculation. 

‘‘Clean out’’ event (every 30 days or 

30 dishwasher cycles whichever occurs 

first)—The ‘‘clean out’’ event consumes 

an additional 1.24 gallons of water for 

the cycle in which it occurs. Water is 

heated during the ‘‘clean out’’ event. A 

‘‘clean out’’ event will occur every 30 

days (used for this calculation) or 12.2 

events/year. 12.2 events/year, based on 

215 cycles/year, calculates to 6 percent 

of all dishwasher cycles. Water and 

energy use (apportioned) are 0.071 

gallons/cycle and 10.3 kWh/year: 

• 1.24 gallons/event multiplied by 

12.2 events/year calculates to 15.1 

gallons/year of additional water usage 

for ‘‘clean out’’ events. 

• 15.1 gallons/year apportioned 

across all 215 cycles calculates to 0.071 

gallons per cycle. 

• The ‘‘clean out’’ event water energy 

consumption, based on 15.1 gallons/ 

year, calculates to 2.54 kWh/year (15.1 

gallons/year multiplied by 70 deg. F 

water heater temperature rise multiplied 

by the constant K of 0.0024 kWh/gallon/ 

deg. F). 

• The additional machine energy 

consumption associated with a ‘‘clean 

out’’ event is 7.72 kWh/year from pump, 

valve, and heater operation. 

Æ Pump and valve: Approximately 

0.006 kWh per event or 0.073 kWh per 

year (electrical components use an 

additional 30 W for a combined 

duration of 9 minutes plus 10 W for a 

combined duration of 8.5 minutes; the 

calculation is based on 12.2 events per 

year). 

Æ Pump and heater: 1.24 gallons of 

water is heated for approximately 47 

minutes using 800 watts, or 0.63 kWh/ 

event. This calculates to 7.65 kWh/year 

based on 12.2 events/year. 

Calculation of detergent 

concentration: 

A portion of the water fill volume 

comes from saved water fill instead of 

the house supply water fill. This saved 

water fill amount (0.80 gallons) should 

be included with (added to) the house 

supply water fill amount (0.11 gallons) 

when calculating detergent 

concentration for the wash (a total of 

0.91 gallons). The method to determine 

the saved water fill volume is affected 

by several factors including when the 

first cycle is run on a new dishwasher 

and ‘‘charging’’ of the sump and water 

lines. Two approaches may be used to 

determine the amount of water in the 

first fill: 

1. Use a constant amount of water for 

the wash fill of 0.91 gallons. This is the 

recommended approach and is 

representative. 

2. Measure the amount of drain water 

discharged during the first drain out. 

Measure this amount during the second 

preconditioning cycle. This would be 

approximately 0.91 gallons. 

Other testing requirements or 

considerations: 

To confirm if saved water has 

returned to room ambient temperature, 

a thermocouple may be placed on the 

surface of saved water tank to measure 

temperature. Reference section 2.5.1 of 

appendix C1. 

Removing power from the dishwasher 

will result in a ‘‘clean out’’ event during 

the next dishwasher cycle. As required 

by section 2.2.1 of appendix C1, it is 

necessary to maintain a continuous 

electrical supply to the unit throughout 

testing, including during 

preconditioning cycles and the test 

cycle series. 

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 and grants an interim 

waiver. As part of this notice, DOE is 

publishing Whirlpool’s petition for 

waiver in its entirety pursuant to 10 

CFR 431.401(b)(1)(iv). Confidential 

business information has been redacted 

from the petition. The petition includes 

a suggested alternate test procedure, in 

which the reported energy and water 

consumption would include an estimate 

of the energy and water consumption of 

dishwashers equipped with a ‘‘water 

use system.’’ 

DOE solicits comments from 

interested parties on all aspects of the 

petition. Any person submitting written 

comments to DOE must also send a copy 

of such comments to the petitioner. The 

contact information for the petitioner is 

Nick Gillespie, Government Relations 

Manager, Whirlpool Corporation, 2000 

N. M63—MD 3502, Benton Harbor, MI 

49022. All submissions received must 


pmangrum on DSK3VPTVN1PROD with NOTICES
48664 Federal Register / Vol. 78, No. 154 / Friday, August 9, 2013 / Notices 

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). 

Issued in Washington, DC, on August 5, 

2013. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

July 3, 2013 

U.S. Department of Energy 

Building Technologies Program, Test 

Procedure Waiver 

1000 Independence Avenue SW 

Washington, DC 20585 

Via email: 

AS_Waiver_Requests@ee.doe.gov 

Re: Amended Petition for Dishwasher 

‘‘Water Use System’’ Waiver with 

Application for Interim Waiver 

Whirlpool Corporation (Whirlpool) 

respectfully submits this Amended 

Petition for Waiver with Application for 

Interim Waiver, filed pursuant to 10 

CFR 430.27, to the U.S. Department of 

Energy (DOE) regarding the test 

procedure specified in 10 CFR Part 430, 

Subpart B, App. C1 (Test Procedure) for 

measuring the energy and water 

consumption of dishwashers. Whirlpool 

is amending our Waiver Petition to 

include an Application for Interim 

Waiver, which was not part of the 

Petition for Waiver submitted to the 

Department on July 3, 2013. 

This Amended Petition for Waiver 

with Application for Interim Waiver is 

directed towards Whirlpool 

dishwashers utilizing a ‘‘water use 

system’’ that will be assembled in the 

United States at our dishwasher 

manufacturing facility in Findlay, Ohio. 

Whirlpool submits that the testing of 

dishwashers equipped with a ‘‘water 

use system’’ under the Test Procedure 

will lead to results that are materially 

inaccurate and mislead consumers. 

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. Whirlpool requests that 

DOE grant this Petition and Application 

on these grounds for the reasons set 

forth below. 

1. Petitioner 

Whirlpool Corporation is the world’s 

leading manufacturer and marketer of 

major home appliances, with annual 

sales of approximately $18 billion in 

2012, 68,000 employees, and 65 

manufacturing and technology research 

centers around the world. In the U.S., 

the company has 22,000 employees, 

including 15,000 manufacturing 

employees (i.e. more than any of our 

major competitors combined) and 4,000 

knowledge workers in the State of 

Michigan at its global headquarters. 

Whirlpool Corporation markets 

Whirlpool, Maytag, KitchenAid, JennAir, Amana, Brastemp, Consul, 

Bauknecht and other major brand names 

to consumers in nearly every country 

around the world. Additional 

information about the company can be 

found at http://www.whirlpoolcorp.com. 

2. Background 

The dishwasher ‘‘water use system’’ 

saves water from the final rinse of a 

given dishwasher cycle for use in a 

subsequent dishwasher cycle. If not 

operated for three or more days, the 

dishwasher will ‘‘drain out’’ the saved 

water. The dishwasher also performs a 

‘‘clean out’’ every thirty days or thirty 

cycles, whichever occurs first. Both 

‘‘drain out’’ and ‘‘clean out’’ events 

consume additional water and energy 

during the subsequent cycle. This 

additional water and energy 

consumption is accounted for in the 

subsequent sections of this waiver 

petition. 

The ‘‘water use system’’ will be 

installed on soil sensing model 

dishwashers that utilize 120 degree 

(deg.) Fahrenheit (F) inlet water. A 

‘‘drain out’’ event consumes an 

additional 1.02 gallons of water for a 

cycle in which it occurs. The ‘‘clean 

out’’ event consumes an additional 1.24 

gallons of water for a cycle in which it 

occurs. ‘‘Drain out’’ and ‘‘clean out’’ 

events occur during the active mode, 

but before the power dry portion of the 

cycle begins. The power dry, fan-only 

mode, inactive mode and off mode are 

not affected by ‘‘water use system’’ 

operation water consumption or energy 

consumption. 

3. Grounds for Waiver/Interim Waiver 

and Justification for Interim Waiver 

Application 

Our intent is to accurately account for 

‘‘water use system’’ energy and water 

consumption. As we indicated in the 

second paragraph of this letter, the 

testing of the ‘‘water use system’’ under 

the current DOE Test Procedure will 

lead to results that are materially 

inaccurate and mislead consumers. 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. Hence, this 

Petition. 

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 Petition for Waiver. 

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 a ‘‘water use system’’. 

As discussed above, if this Interim 

Waiver is not granted, there will be 

significant uncertainty in how to 

measure energy and water consumption 

for dishwashers with ‘‘water use 

system’’. There are also 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. 

4. Requirements Sought To Be Waived 

‘‘Water use system’’ water and energy 

consumption should be accounted for 

during dishwasher water and energy 

measurement and reporting. The 

following is a summary of the 

requirements sought to be waived: 

• For ‘‘drain out’’ events, constant 

values of 15.4 gallons per year and 2.6 

kWh/year should be added to values 

measured by Appendix C1. 

• For ‘‘clean out’’ events, constant 

values of 15.1 gallons per year and 10.3 


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Federal Register / Vol. 78, No. 154 / Friday, August 9, 2013 / Notices 48665 

kWh/year should also be added to 

values measured by Appendix C1. 

• If a ‘‘drain out’’ event or a ‘‘clean 

out’’ event takes place within a test, the 

water and energy consumed should be 

disregarded when declaring water and 

energy consumption. 

• To calculate the detergent quantity 

for testing, a constant value of 0.91 

gallons for the water fill amount shall be 

used, representing both saved water fill 

and house supply water fill. 

• For verification testing, a new 

dishwasher is required. Conservatively, 

all testing must be completed within 28 

days, and within 28 cycles of first 

dishwasher use, to avoid a ‘‘clean out’’ 

event. 

Conservatively, no more than 68 

hours may lapse between the start of 

cycles to avoid a ‘‘drain out’’ event. 

Otherwise, the test series should be 

restarted to insure that a ‘‘drain out’’ 

event or a ‘‘clean out’’ event do not 

occur within a test. To restart the test 

series, disconnect and reconnect power 

to the dishwasher. Per Appendix C1, the 

test series includes two preconditioning 

cycles followed by sensor heavy 

response, sensor medium response, and 

sensor light response test cycles. The 28 

day, 28 cycle, and 68 hour values must 

account for and consider all dishwasher 

cycles, including preconditioning. 

For further information and detailed 

methodology of calculations, please 

continue reading through the remainder 

of this section before proceeding to 

Section 5. 

Further detail and calculation 

method: 

‘‘Drain out’’ event (if dishwasher is 

not used for 3 or more days)—The 

‘‘drain out’’ event consumes an 

additional 1.02 gallons of water for the 

cycle in which it occurs. Consumer 

research shows that only seven percent 

of consumer cycles, for consumers who 

run approximately 215 cycles/year, have 

longer than a three day delay between 

cycles. This results in ‘‘drain out’’ water 

and energy usage of 0.072 gallons/cycle 

and 2.61 kWh/year: 

• 7 percent of 215 cycles/year equates 

to 15.1 cycles/year. 

• 15.1 cycles/year multiplied by 1.02 

gallons/cycle results in 15.4 gallons/ 

year of additional water usage for ‘‘drain 

out’’ events. 

• 15.4 gallons/year apportioned 

across all 215 cycles calculates to 0.072 

gallons/cycle. 

• The ‘‘drain out’’ event water energy 

consumption, based on 15.4 gallons/ 

year, calculates to 2.59 kWh/year (15.4 

gallons/year multiplied by 70 deg F 

water heater temperature rise multiplied 

by the constant K of 0.0024 kWh/gallon/ 

deg. F). 

• The additional machine energy 

consumption associated with a ‘‘drain 

out’’ event is less than 0.001 kWh/event 

or 0.02 kWh/year. 

➢ Pump and valve: 10 W for 4.5 

minutes followed by 30 W for 0.5 

minutes; 7 percent of 215 cycles/year is 

used for the calculation. 

‘‘Clean out’’ event (every 30 days or 

30 dishwasher cycles whichever occurs 

first)—The ‘‘clean out’’ event consumes 

an additional 1.24 gallons of water for 

the cycle in which it occurs. Water is 

heated during the ‘‘clean out’’ event. A 

‘‘clean out’’ event will occur every 30 

days (used for this calculation) or 12.2 

events/year. 12.2 events/year, based on 

215 cycles/year, calculates to 6 percent 

of all dishwasher cycles. Water and 

energy use (apportioned) is 0.071 

gallons/cycle and 10.3 kWh/year: 

• 1.24 gallons/event multiplied by 

12.2 events/year calculates to 15.1 

gallons/year of additional water usage 

for ‘‘clean out’’ events. 

• 15.1 gallons/year apportioned 

across all 215 cycles calculates to 0.071 

gallons/cycle. 

• The ‘‘clean out’’ event water energy 

consumption, based on 15.1 gallons/ 

year, calculates to 2.54 kWh/year (15.1 

gallons/year multiplied by 70 deg F 

water heater temperature rise multiplied 

by the constant K of 0.0024 kWh/gallon/ 

deg. F). 

• The additional machine energy 

consumption associated with a ‘‘clean 

out’’ event is 7.72 kWh/year from pump, 

valve, and heater operation. 

Æ Pump and valve: Approximately 

0.006 kWh/event or 0.073 kWh/year 

(electrical components use an additional 

30 W for a combined duration of 9 

minutes plus 10 W for a combined 

duration of 8.5 minutes; the calculation 

is based on 12.2 events/year). 

Æ Pump and heater: 1.24 gallons of 

water is heated for approximately 47 

minutes using 800 watts, or 0.63 kWh/ 

event. This calculates to 7.65 kWh/year 

based on 12.2 events/year. 

Calculation of detergent 

concentration: 

A portion of the water fill volume 

comes from saved water fill instead of 

the house supply water fill. This saved 

water fill amount (0.80 gallons) should 

be included with (added to) the house 

supply water fill amount (0.11 gallons) 

when calculating detergent 

concentration for the wash (a total of 

0.91 gallons). The method to determine 

the saved water fill volume is affected 

by several factors including when the 

first cycle is run on a new dishwasher 

and ‘‘charging’’ of the sump and water 

lines. Two approaches may be used to 

determine the amount of water in the 

first fill: 

1. Use a constant amount of water for 

the wash fill of 0.91 gallons. This is the 

recommended approach and is 

representative. 

2. Measure the amount of drain water 

discharged during the first drain out. 

Measure this amount during the second 

preconditioning cycle. This would be 

approximately 0.91 gallons. 

Other testing requirements or 

considerations: 

To confirm if saved water has 

returned to room ambient temperature, 

a thermocouple may be placed on the 

surface of saved water tank to measure 

temperature. Ref. Appendix C1, cl. 

2.5.1. 

Removing power from the dishwasher 

will result in a ‘‘clean out’’ event during 

the next dishwasher cycle. As required 

by Appendix C1, cl. 2.2.1, it is necessary 

to maintain a continuous electrical 

supply to the unit throughout testing, 

including during preconditioning cycles 

and the test cycle series. 

5. Identification of Basic Models 

This Petition for Waiver and 

Application for Interim Waiver is made 

with respect to the Basic Model of a 

dishwasher that incorporates a ‘‘water 

use system’’. The design characteristics 

that are common to the Basic Model 

with a ‘‘water use system’’ are a tank, a 

valve, control system and plumbing. 

Specific Basic Model is: 

KitchenAid brand: KDTE554C ++ # 

6. Manufacturer’s of Similar Products 

and Affected Manufacturers 

To the best of our knowledge, 

Whirlpool is not aware of other 

manufacturers providing this 

functionality in the United States. 

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., 

Arcelik A.S., Fagor America Inc., Teka 

USA Inc. 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 Petition for 

Waiver and Interim Waiver Application 

Amendment. 


pmangrum on DSK3VPTVN1PROD with NOTICES
48666 Federal Register / Vol. 78, No. 154 / Friday, August 9, 2013 / Notices 

7. Conclusion 

For the above reasons, Whirlpool 

respectfully requests that the U.S. 

Department of Energy grant the above 

Amended Petition for Waiver with 

Interim Waiver Application. By granting 

the said Waivers, DOE will ensure that 

the efficiency of the ‘‘water use system’’ 

is accurately represented to consumers. 

Whirlpool certifies that all 

manufacturers of domestically marketed 

dishwashers of the same product type 

have been notified and provided a copy 

by email letter of this Amended Petition 

with Application for Interim Waiver. 

Thank you for your consideration. 

Respectfully, 

Nick Gillespie 

Government Relations Manager 

Whirlpool Corporation 

[FR Doc. 2013–19307 Filed 8–8–13; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[ Docket No. DI13–6–000] 

Browns Valley Irrigation District; 

Notice of Declaration of Intention and 

Soliciting Comments, Protests, and/or 

Motions To Intervene 

Take notice that the following 

application has been filed with the 

Commission and is available for public 

inspection: 

a. Application Type: Declaration of 

Intention 

b. Docket No: DI13–6–000 

c. Date Filed: July 15, 2013 

d. Applicant: Browns Valley Irrigation 

District 

e. Name of Project: Tennessee Ditch 

Hydropower Development Project 

f. Location: The proposed Tennessee 

Ditch Hydropower Development Project 

will be located on Tennessee Ditch, 

tributary to Yuba River, near the town 

of Browns Valley, Yuba County, 

California, affecting T. 017, R. 5 E, and 

Meridian CA21. 

g. Filed Pursuant to: Section 23(b)(1) 

of the Federal Power Act, 16 U.S.C. 

817(b). 

h. Applicant Contact: Walter Cotter, 

General Manager, Browns Valley 

Irrigation District, P.O. Box 6, Browns 

Valley, CA 95918; telephone: (530) 743– 

5703 

i. FERC Contact: Any questions on 

this notice should be addressed to 

Jennifer Polardino, (202) 502–6437, or 

Email address: 

Jennifer.Polardino@ferc.gov 

j. Deadline for filing comments, 

protests, and/or motions is: 30 days 

from the issuance of this notice by the 

Commission. 

Comments, Motions to Intervene, and 

Protests may be filed electronically via 

the Internet. See 18 CFR 

385.2001(a)(l)(iii) and the instructions 

on the Commission’s Web site under the 

‘‘eFiling’’ link. If unable to be filed 

electronically, documents may be paperfiled. To paper-file, an original and eight 

copies should be mailed to: Kimberly D. 

Bose, Secretary, Federal Energy 

Regulatory Commission, 888 First Street 

NE., Washington, DC 20426. For more 

information on how to submit these 

types of filings, please go to the 

Commission’s Web site located at http:// 

www.ferc.gov/filing-comments.asp. 

Please include the docket number 

(DI13–6–000) on any comments, 

protests, and/or motions filed. 

k. Description of Project: The 

Tennessee Ditch Hydropower 

Development Project will consist of: (1) 

An existing irrigation ditch, making 

usable capacity of the Virginia Ranch 

dam, roughly two miles from the 

proposed plant site; (2) utilizing water 

stored in the Collins Reservoir; (3) a 36- 

inch-diameter, 7,225-foot-long penstock, 

of approximately 700 feet would pass 

through a wildlife management area 

owned by the State of California and 

operated and managed by the California 

Department of Fish and Wildlife; (4) a 

powerhouse containing a 1–MW 

horizontal Francis-type turbine/ 

generator rated at 50 cubic feet per 

second at 266 feet of net head; and 

appurtenant facilities. The project will 

be connected to an interstate grid. 

When a Declaration of Intention is 

filed with the Federal Energy Regulatory 

Commission, the Federal Power Act 

requires the Commission to investigate 

and determine if the interests of 

interstate or foreign commerce would be 

affected by the project. The Commission 

also determines whether or not the 

project: (1) Would be located on a 

navigable waterway; (2) would occupy 

or affect public lands or reservations of 

the United States; (3) would utilize 

surplus water or water power from a 

government dam; or (4) if applicable, 

has involved or would involve any 

construction subsequent to 1935 that 

may have increased or would increase 

the project’s head or generating 

capacity, or have otherwise significantly 

modified the project’s pre-1935 design 

or operation. 

l. Locations of the Application: Copies 

of this filing are on file with the 

Commission and are available for public 

inspection. This filing may be viewed 

on the web at http://www.ferc.gov using 

the ‘‘eLibrary’’ link. Enter the Docket 

number excluding the last three digits in 

the docket number field to access the 

document. You may also register online 

at http://www.ferc.gov/docs-filing/ 

esubscription.asp to be notified via 

email of new filings and issuances 

related to this or other pending projects. 

For assistance, call 1–866–208–3676 or 

email FERCOlineSupport@ferc.gov for 

TTY, call (202) 502–8659. A copy is also 

available for inspection and 

reproduction at the address in item (h) 

above. 

m. Individuals desiring to be included 

on the Commission’s mailing list should 

so indicate by writing to the Secretary 

of the Commission. 

n. Comments, Protests, or Motions to 

Intervene— Anyone may submit 

comments, a protest, or a motion to 

intervene in accordance with the 

requirements of Rules of Practice and 

Procedure, 18 CFR 385.210, .211, .214. 

In determining the appropriate action to 

take, the Commission will consider all 

protests or other comments filed, but 

only those who file a motion to 

intervene in accordance with the 

Commission’s Rules may become a 

party to the proceeding. Any comments, 

protests, or motions to intervene must 

be received on or before the specified 

comment date for the particular 

application. 

o. Filing and Service of Responsive 

Documents—All filings must bear in all 

capital letters the title ‘‘COMMENTS’’, 

‘‘PROTESTS’’, AND/OR ‘‘MOTIONS TO 

INTERVENE’’, as applicable, and the 

Docket Number of the particular 

application to which the filing refers. A 

copy of any Motion to Intervene must 

also be served upon each representative 

of the Applicant specified in the 

particular application. 

p. Agency Comments—Federal, state, 

and local agencies are invited to file 

comments on the described application. 

A copy of the application may be 

obtained by agencies directly from the 

Applicant. If an agency does not file 

comments within the time specified for 

filing comments, it will be presumed to 

have no comments. One copy of an 

agency’s comments must also be sent to 

the Applicant’s representatives. 

Dated: August 5, 2013. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. 2013–19288 Filed 8–8–13; 8:45 am] 

BILLING CODE 6717–01–P 


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