```

[Federal Register Volume 78, Number 154 (Friday, August 9, 2013)]
[Notices]
[Pages 48661-48666]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-19307]

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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.

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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

[[Page 48662]]

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.
---------------------------------------------------------------------------

    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part B was re-designated Part A.
---------------------------------------------------------------------------

    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.

[[Page 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.
    [cir] 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.
    [cir] 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.
    [cir] 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.
    [cir] 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).
    [cir] 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

[[Page 48664]]

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 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. 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, Jenn-Air, 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 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. 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[supreg] 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

[[Page 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.
    [rtarr8] 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.
    [cir] 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).
    [cir] 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.

[[Page 48666]]

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
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