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[Federal Register Volume 78, Number 212 (Friday, November 1, 2013)]
[Notices]
[Pages 65629-65632]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-26085]

[[Page 65629]]

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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. DW-011]

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.

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SUMMARY: The U.S. Department of Energy (DOE) gives notice of the 
decision and order (Case No. DW-011) that grants to Whirlpool 
Corporation (Whirlpool) a waiver from the DOE dishwasher test 
procedure. The waiver pertains to the models of dishwasher equipped 
with a ``water use system'' specified in Whirlpool's petition. Under 
today's decision and order, Whirlpool shall be required to test and 
rate its KitchenAid brand dishwasher equipped with a ``water use 
system'' using an alternate test procedure that takes this technology 
into account when measuring energy and water consumption.

DATES: This Decision and Order is effective November 1, 2013.

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.
Ms. Elizabeth Kohl, U.S. Department of Energy, Office of the General 
Counsel, Mail Stop GC-71, Forrestal Building, 1000 Independence Avenue 
SW., Washington, DC 20585-0103. Telephone: (202) 586-7796. Email: 
Elizabeth.Kohl@hq.doe.gov.

SUPPLEMENTARY INFORMATION: In accordance with Title 10 of the Code of 
Federal Regulations (10 CFR), Section 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 at 10 CFR part 430 subpart B, appendix C1, 
for the KitchenAid brand basic model KDTE554C++ dishwasher 
equipped with a ``water use system'' as specified in its petition, 
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 in a 
manner 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.

    Issued in Washington, DC, on October 28, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

Decision and Order

    In the Matter of: Whirlpool Corporation (Case No. DW-011)

Background

    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 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.
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    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part B was re-designated Part A.
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    DOE's regulations contain provisions allowing a person to seek a 
waiver from the test procedure requirements for covered consumer 
products if at least one of the following conditions is met: (1) The 
petitioner's basic model contains one or more design characteristics 
that prevent testing according to the prescribed test procedure, or (2) 
when 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(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.
    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).
    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.
    Whirlpool provided an alternative test method that would add these 
constant values to the energy and water use measured pursuant to 
Appendix C1, as well as a constant water consumption value to determine 
the detergent quantity for testing. Whirlpool also provided the 
additional information and calculations below in support of its 
alternative test method.

[[Page 65630]]

    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.

Assertions and Determinations

Whirlpool's Petition for Waiver
    On July 3, 2013, Whirlpool filed a petition for waiver from the 
test procedure applicable to residential dishwashers set forth in 10 
CFR part 430, subpart B, appendix C1 for particular models of 
dishwasher equipped with a ``water use system.'' On August 9, 2013, DOE 
published Whirlpool's petition for waiver and granted Whirlpool an 
interim waiver from the current test procedure. 78 FR 48661.
    DOE received one comment on Whirlpool's petition from BSH Home 
Appliance Corporation (BSH). BSH stated that the annual energy 
consumption and water consumption contributions associated with ``drain 
out'' should be 41.75 gallons per year and 7.05 kilowatt-hours (kWh) 
per year instead of 15.4 gallons per year and 2.6 kWh per year as 
included in the original petition for waiver. BSH based its 
calculations on data presented in a report by Arthur D. Little (ADL) 
that was used in support of the 2003 test procedure final rule. 68 FR 
51887 (August 29, 2003). Whirlpool provided a rebuttal of BSH's comment 
on September 20, 2013 stating that they disagree with BSH's conclusions 
and maintain the calculations in the interim waiver are consistent with 
the precedent set by DOE and implemented by stakeholders; therefore, 
Whirlpool asserted that their original calculations should continue as 
the foundation of the Petition for Waiver. DOE notes that the data 
presented in the ADL report show the distribution of annual cycles 
among the surveyed consumers, but do not present further information 
regarding the typical intervals between consecutive cycles. The 
calculations provided by BSH include assumptions regarding the typical 
cycle interval, but these are not necessarily representative of 
consumer behavior. For example, if the number of annual cycles results 
in greater than a 3-day average interval between cycles (i.e., 121 
annual cycles or less), the BSH calculations assume every cycle per 
year will have a ``drain out'' event. In reality, consumers with 
greater than 3-day average intervals between cycles will likely run a 
portion of the annual cycles within 3 days of each other, so it is 
likely that less than 100-percent of these cycles will have a ``drain 
out'' event. When the average interval between cycles is less than 3 
days (i.e., more than 121 annual cycles), BSH's calculations still 
assume a portion of the cycles will have a ``drain out'' event, 
reflecting that some cycles likely are not run within 3 days of the 
previous cycle. As a result, DOE concludes that the BSH calculations 
likely overestimate the annual energy consumption and water consumption 
associated with ``drain out'' events because they assume the ``drain 
out'' occurs on every cycle for the consumers with less than 121 annual 
cycles, but also assume that some ``drain out'' events occur for 
consumers with more than 121 annual cycles. To consistently apply cycle 
interval data inferred from the ADL data, if the calculations assume 
that ``drain out'' events occur for all cycles for consumers with 
average intervals between cycles greater than or equal to 3 days, then 
no ``drain out'' events should be assumed for consumers with average 
intervals between cycles of less than 3 days. Doing so would decrease 
the annual ``drain out'' energy consumption to 2.93 kWh per year, and 
the water consumption to 17.3 gallons per year. These values are close 
to Whirlpool's estimates of 2.6 kWh per year and 15.4 gallons per year, 
which are based on

[[Page 65631]]

consumer research that includes information on intervals between 
cycles. Given the uncertainty in estimating cycle intervals from the 
ADL report, DOE concludes that Whirlpool's estimates are reasonable and 
is not revising the values that were included in the alternate test 
procedure as presented in the interim waiver published on August 9, 
2013. 78 FR 48661.
    BSH also stated that DOE should consider removing two additional 
requirements: The requirement for a new dishwasher to be used in 
testing and, if more than 68 hours elapse between test cycles, the 
requirement to disconnect and reconnect power to the dishwasher to 
restart the test series. According to BSH, these two requirements may 
offer a means to circumventing the test procedure. In Whirlpool's 
September 20, 2013 rebuttal, they also disagree with BSH assessment. 
DOE notes that while Whirlpool included the requirement for a new 
machine for testing as part of its petition for waiver, DOE did not 
include this requirement in the alternate test procedure set forth in 
the interim waiver granted to Whirlpool. Such a requirement would 
impose an unreasonable burden when multiple tests are conducted.
    DOE did, however, include in the alternate test procedure the 
requirement to disconnect and reconnect power to the machine if a 
``drain out'' or ``clean out'' event occurs during a test series, and 
to subsequently restart the test series with the controls reset. This 
approach would not place burden on test laboratories by requiring them 
to monitor the time intervals between cycles and number of cycles 
throughout multiple tests. Should laboratories choose to do so, DOE 
included the 68-hour maximum interval between test cycles as an 
informative means for avoiding ``drain out'' events during testing. 
Because testing is conducted on products that are in their initial 
state disconnected from the power supply, the conduct of the test 
procedure after disconnecting power after a ``drain out'' or ``clean 
out'' event is the same as the conduct of any test in which the test 
series is begun by connecting power to the machine and starting the 
test cycles. In each case, a ``clean out'' event would take place 
during the first cycle after power is supplied to the machine. For 
these reasons, DOE is maintaining the testing provisions included in 
the alternate test procedure set forth in the interim waiver published 
on August 9, 2013. 78 FR 48661.
    Therefore, for the reasons discussed above, DOE grants Whirlpool's 
petition for waiver from testing of its KitchenAid brand basic model 
KDTE554C++ dishwasher equipped with a ``water use system.''
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.
Conclusion
    After careful consideration of all the material that was submitted 
by Whirlpool and consultation with the FTC staff, it is ordered that:
    (1) The petition for waiver submitted by Whirlpool Corporation 
(Case No. DW-011) is hereby granted as set forth in the paragraphs 
below.
    (2) Whirlpool shall be required to test and rate the following 
Whirlpool models according to the alternate test procedure set forth in 
paragraph (3) below.
    KitchenAid brand: Basic Model--KDTE554C ++ 
    (3) Whirlpool shall be required to test the products listed in 
paragraph (2) above according to the test procedures for residential 
dishwashers prescribed by DOE at 10 CFR part 430, subpart B, appendix 
C1, except that, for the Whirlpool products listed in paragraph (2) 
only with the following:
    ``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.
     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.
     If a ``drain out'' or ``clean out'' event occurs during 
testing, 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.
    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.
    (4) Representations. Whirlpool may make representations about the 
energy use of its dishwasher equipped with a ``water use system'' 
products 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 the alternate test procedure are 
unrepresentative of the basic models' true energy consumption 
characteristics.
    (7) This waiver applies only to those basic models set out in 
Whirlpool's July

[[Page 65632]]

3, 2013 petition for waiver. Grant of this waiver does not release a 
petitioner from the certification requirements set forth at 10 CFR part 
429.

    Issued in Washington, DC, on October 28, 2013.
Kathleen B. Hogan
Deputy Assistant Secretary for Energy Efficiency and Renewable Energy.
[FR Doc. 2013-26085 Filed 10-31-13; 8:45 am]
BILLING CODE 6450-01-P
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