Federal Register / Vol. 75, No. 194 / Thursday, October 7, 2010 / Notices 62127 

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. 

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 

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. 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). 

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 


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 

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: 

§ 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 


jdjones on DSK8KYBLC1PROD with NOTICES
Federal Register / Vol. 75, No. 194 / Thursday, October 7, 2010 / Notices 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 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2005–0163; FRL–8848–1] 

Aldicarb; Notice of Receipt of Request 

to Voluntarily Cancel a Pesticide 

Registration 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: 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: http:// 

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. 

• Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. Deliveries 

are only accepted during the Docket 

Facility’s normal hours of operation 

(8:30 a.m. to 4 p.m., Monday through 

Friday, excluding legal holidays). 

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 http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through regulations.gov or email. The regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through 

regulations.gov, your e-mail address 

will be automatically captured and 

included as part of the comment that is 

placed in the docket and made available 

on the Internet. If you submit an 

electronic comment, EPA recommends 

that you include your name and other 

contact information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the docket 

are listed in the docket index available 

at http://www.regulations.gov. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either in the 

electronic docket at http:// 

www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

hours of operation of this Docket 

Facility are from 8:30 a.m. to 4 p.m., 

Monday through Friday, excluding legal 

holidays. The Docket Facility telephone 

number is (703) 305–5805. 

FOR FURTHER INFORMATION CONTACT: K. 

Avivah Jakob, Pesticide Re-evaluation 

Division (7508P), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; telephone 

number: (703) 305–1328; fax number: 

(703) 308–6467; e-mail address: 

jakob.kathryn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

This action is directed to the public 

in general, and may be of interest to a 

wide range of stakeholders including 

environmental, human health, and 

agricultural advocates; the chemical 

industry; pesticide users; and members 

of the public interested in the sale, 

distribution, or use of pesticides. Since 

others also may be interested, the 

Agency has not attempted to describe all 

the specific entities that may be affected 

by this action. If you have any questions 

regarding the applicability of this action 

to a particular entity, consult the person 

listed under FOR FURTHER INFORMATION

CONTACT. 

B. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 

regulations.gov or e-mail. Clearly mark 

the part or all of the information that 

you claim to be CBI. For CBI 

information in a disk or CD–ROM that 

you mail to EPA, mark the outside of the 

disk or CD–ROM as CBI and then 

identify electronically within the disk or 

CD–ROM the specific information that 

is claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for preparing your comments. 

When submitting comments, remember 

to: 

i. Identify the document by docket ID 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

ii. Follow directions. The Agency may 

ask you to respond to specific questions 

or organize comments by referencing a 


jdjones on DSK8KYBLC1PROD with NOTICES