Federal Register / Vol. 75, No. 135 / Thursday, July 15, 2010 / Notices 41167 

councils, federations, groups, 

universities and companies that 

represent a wide variety of biomass 

research and development interests 

throughout the country. Nominations 

for one individual who fits several of 

the categories listed above or for more 

than one person who fits one category 

will be accepted. In your nomination 

letter, please indicate the specific 

membership category for each nominee. 

Each nominee must submit their resume 

and biography along with any letters of 

support by the deadline above. All 

nominees will be vetted before 

selection. 

Nominations are open to all 

individuals without regard to race, 

color, religion, sex, national origin, age, 

mental or physical handicap, marital 

status, or sexual orientation. To ensure 

that recommendations of the Technical 

Advisory Committee take into account 

the needs of the diverse groups served 

by the Department, membership shall 

include, to the extent practicable, 

individuals with demonstrated ability to 

represent minorities, women, and 

persons with disabilities. Please note, 

however, that registered lobbyists and 

individuals already serving on another 

Federal Advisory Committee are 

ineligible for nomination. 

Appointments to the Biomass 

Research and Development Technical 

Advisory Committee will be made by 

the Secretary of Energy and the 

Secretary of Agriculture. 

Issued at Washington, DC, on July 12, 

2010. 

Rachel Samuel, 

Deputy Committee Management Officer. 

[FR Doc. 2010–17285 Filed 7–14–10; 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: 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 (hereafter, ‘‘petition’’) from 

specified portions of the U.S. 

Department of Energy (DOE) test 

procedure for determining the energy 

consumption of dishwashers. Today’s 

notice also grants an interim waiver of 

the dishwasher test procedure. Through 

this notice, DOE also solicits comments 

with respect to the Whirlpool petition. 

DATES: DOE will accept comments, data, 

and information with respect to the 

Whirlpool petition until, but no later 

than August 16, 2010. 

ADDRESSES: You may submit comments, 

identified by case number DW–004, by 

any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: 

AS_Waiver_Requests@ee.doe.gov. 

Include either the case number [Case 

No. DW–004], and/or ‘‘Whirlpool 

Petition’’ in the subject line of the 

message. 

• Mail: Ms. Brenda Edwards, U.S. 

Department of Energy, Building 

Technologies Program, Mailstop EE–2J/ 

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. 

Instructions: All submissions received 

must 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). 

Any person submitting written 

comments must also send a copy to the 

petitioner, pursuant to 10 CFR 

431.401(d). The contact information for 

the petitioner is: Mr. J.B. Hoyt, Director, 

Government Relations, Whirlpool 

Corporation, 2000 M 63, Mail Drop 

3005, Benton Harbor, MI 49022, Phone: 

(269) 923–4647, E-mail: 

j.b.hoyt@whirlpool.com. 

According to 10 CFR 1004.11, any 

person submitting information that he 

or she believes to be confidential and 

exempt by law from public disclosure 

should submit two copies to DOE: One 

copy of the document including all the 

information believed to be confidential, 

and one copy of the document with the 

information believed to be confidential 

deleted. DOE will make its own 

determination about the confidential 

status of the information and treat it 

according to its determination. 

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., (Resource Room of the 

Building Technologies Program), 

Washington, DC, 20024; (202) 586–2945, 

between 9 a.m. and 4 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 regarding visiting the 

Resource Room. 

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. 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. E-mail: 

Elizabeth.Kohl@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

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 which 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 

dishwashers is contained in 10 CFR part 

430, subpart B, appendix C. 

The regulations set forth in 10 CFR 

part 430.27 contain provisions that 


srobinson on DSKHWCL6B1PROD with NOTICES
41168 Federal Register / Vol. 75, No. 135 / Thursday, July 15, 2010 / Notices 

enable a person 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 

part 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. 10 CFR part 

430.27(b)(1)(iii). The Assistant Secretary 

may grant the waiver subject to 

conditions, including adherence to 

alternate test procedures. 10 CFR part 

430.27(l). Waivers remain in effect 

pursuant to the provisions of 10 CFR 

part 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 part 

430.27(a)(2) An interim waiver remains 

in effect for 180 days or until DOE 

issues its determination on the petition 

for waiver, whichever is sooner. An 

interim waiver may be extended for an 

additional 180 days. 10 CFR part 

430.27(h) 

II. Petition for Waiver 

On March 16, 2010, Whirlpool filed a 

petition for waiver and application for 

interim waiver from the test procedure 

applicable to dishwashers set forth in 10 

CFR part 430, subpart B, appendix C. 

Whirlpool claims that water softeners 

can prevent consumer behaviors that 

consume additional energy and water. 

Whirlpool also claims that a dishwasher 

equipped with a water softener will 

minimize pre-rinsing and rewashing, 

and that consumers will have less 

reason to periodically run their 

dishwasher through a clean-up cycle. 

Whirlpool also 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. 

Including this water use 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, according to Whirlpool. In 

view of the small amount of water 

consumed during softener regeneration 

and the relative infrequency of the 

regeneration operation, Whirlpool is 

requesting approval to measure water 

consumption of dishwashers having 

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.’’ 

III. Application for Interim Waiver 

Whirlpool also requests an interim 

waiver for particular basic models with 

integrated water softeners. An interim 

waiver may 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 part 430.27(g)). 

DOE 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 

understands, however, that the current 

test procedure may not predict 

accurately the water and energy 

consumption of its line of dishwashers 

with a built-in water softener. The test 

procedure will only register water 

consumption from softener regeneration 

in a small fraction of test runs, 

producing variable results. As a result, 

and based on the information provided 

by Whirlpool, DOE determined that the 

test results may provide materially 

inaccurate comparative data. 

Whirlpool provided the European 

Standard EN 50242, ‘‘Electric 

Dishwashers for Household Use— 

Methods for Measuring the 

Performance,’’ as an alternate test 

procedure. This standard excludes 

water use due to softener regeneration 

from its water use efficiency measure. 

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 consumption due to regeneration 

operations that are not currently 

provided for or allowed by the test 

procedure. DOE is considering 

development of an averaging procedure 

for use as an alternate test procedure in 

the decision and order on the Whirlpool 

waiver, and welcomes comments and 

data in support of such a procedure. In 

the meantime, use of EN 50242 would 

provide repeatable results, but would 

slightly underestimate the energy and 

water use of these models. 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. Therefore, in the interim 

waiver, DOE is adding these constant 

values to the energy consumption 

measured by appendix C. 

Based on the likelihood of granting 

the petition for waiver, DOE grants 

Whirlpool’s application for interim 

waiver. Therefore, Whirlpool shall not 

be required to test its dishwasher 

models: 

KitchenAid brand: 

KUDE60SXSS 

KUDS30SXSS 

Kenmore brand: 

14052K01 

14053K01 

14059K01 

14062K01 

14063K01 

14069K01 

according to the existing DOE test 

procedure, which is found in 10 CFR 

430, subpart B, appendix C, but shall be 

required to test and rate such products 

according to the alternate test procedure 

as set forth below. 

Under appendix C, the water energy 

consumption, W or Wg, is calculated 

based on the water consumption as set 

forth in Sect. 4.3: 

§ 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 on 

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 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 135 / Thursday, July 15, 2010 / Notices 41169 

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. 

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. DOE is publishing 

Whirlpool’s petition for waiver in its 

entirety pursuant to 10 CFR 

430.27(b)(1)(iv). The petition contains 

no confidential information. The 

petition includes a suggested alternate 

test procedure which is to measure the 

water consumption of dishwashers 

having water softeners without 

including the water consumed by the 

dishwasher during softener 

regeneration. DOE is interested in 

receiving comments from interested 

parties on all aspects of the petition, 

including the suggested alternate test 

procedure and any alternate test 

procedure. Pursuant to 10 CFR 

430.27(b)(1)(iv), any person submitting 

written comments to DOE must also 

send a copy to the petitioner, whose 

contact information is included in the 

ADDRESSES section above. 

Issued in Washington, DC, on July 8, 2010. 

Cathy Zoi, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

J.B. Hoyt 

Director, Government Relations 

May 26, 2010 

Via e-mail (cathy.zoi@ee.doe.gov) and 

Overnight Mail 

The Honorable Catherine Zoi 

Assistant Secretary, Energy Efficiency 

and Renewable Energy 

U.S. Department of Energy 

Mail Station EE–10 

1000 Independence Avenue SW 

Washington, DC 20585 

A. Re: Amended Petition For Waiver 

and Application for Interim Waiver 

Under 10 CFR 430.27 for 

Dishwasher: With Integrated Water 

Softener 

Dear Assistant Secretary Zoi: 

Whirlpool Corporation (Whirlpool) 

respectfully submits this Amended 

Petition For Waiver and Application for 

Interim waiver, pursuant to 10 CFR 

430.27, to the U.S. Department of 

Energy (DOE) regarding the test 

procedure specified in 10 CFR Part 430, 

Subpt. B, App. C (Test Procedure) for 

measuring the energy consumption of 

dishwashers. This Petition is being 

amended, pursuant to the request of the 

Department, for purposes of identifying 

specific model numbers of affected 

dishwashers in Section 2 (below). 

This Amended Petition For Waiver 

and Application for Interim Waiver is 

directed to dishwashers containing a 

built-in or integrated water softener. 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. 

For the reasons set forth below, 

Whirlpool submits that the testing of 

dishwashers equipped with water 

softeners under the Test Procedure will 

lead to results that may be materially 

inaccurate and mislead consumers. 

1. Petitioner. 

Whirlpool Corporation is the world’s 

leading manufacturer and marketer of 

major home appliances, with annual 

sales of approximately $17 billion in 

2009, 67,000 employees, and 67 

manufacturing and technology research 

centers around the world. The company 

markets Whirlpool, Maytag, KitchenAid, 

Jenn-Air, Amana, Brastemp, Consul, 

Bauknecht and other major brand names 

to consumers in nearly every country 

around the world. 

2. Identification of Basic Models. 

This Amended Petition For Waiver 

and Application for Interim Waiver is 

made with respect to all basic models of 

dishwashers that incorporate an 

integrated water softener (‘‘Basic 

Models’’). The Basic Model numbers are 

identified as follows: 

KitchenAid brand: 

KUDE60SXSS 

KUDS30SXSS 

Kenmore brand: 

14052K01 

14053K01 

14059K01 

14062K01 

14063K01 

14069K01 

The design characteristic that is 

common among the Basic Models is an 

integrated automatic water softener 

which is designed to periodically 

regenerate. During the regeneration 

operation water is flushed through the 

water softener. The regeneration 

operation occurs infrequently and 

depends on the adjustment of the 

softener. Water used during the 

regeneration operation is in addition to 

the water used by the dishwasher 

during a dishwasher ‘‘normal’’ cycle. 

3. Background. 

A water softener reduces water 

hardness. Hard water is water that has 

high mineral content (in contrast with 

soft water). Hard water minerals 

primarily consist of calcium (Ca2+), and 

magnesium (Mg2+) metal cations, and 

sometimes other dissolved compounds 

such as bicarbonates and sulfates. Water 

hardness varies throughout the United 

States. Based on information provided 

by the U.S. Geological Survey, the mean 

water hardness within the U.S. is 217 

mg/liter (milligrams per liter), which is 

the equivalent of 12.6 grains/gallon. See 

http://water.usgs.gov/owq/hardnessalkalinity.html 

Hard water reduces the effectiveness 

of detergent leading to the need for 

additional detergent. The amount of 

rinse aid use is also affected by water 

hardness; more rinse aid is necessary to 

achieve good results with hard water. 

As a result, high water hardness can 

contribute to filming on dishwasher 

items, leading to consumer behaviors 

such as increased pre-rinsing and, in 

some cases, rewashing of dishes either 

by hand or by subsequent dishwasher 

cycles. Further, hard water can lead to 

the presence of scale build-up within 

the dishwasher requiring periodic 

dishwasher cleaning (clean-up). 

Accordingly, systems that reduce 

water hardness can prevent behaviors 

that consume additional energy and 

water. Specifically, a dishwasher 

equipped with a water softener will 

minimize pre-rinsing and rewashing. 

Further, consumers will have less 

reason to periodically run their 

dishwasher through a clean-up cycle. 

Under common water softener 

technology, water passing through a 

resin tank loses positively charged 

calcium and magnesium ions to 

negatively charged plastic beads. The 

water is softened in this manner till the 

plastic beads no longer can supply a 

negative charge. A brine tank is 

provided and holds a salt solution that 

periodically flushes and regenerates the 

resin tank, replacing calcium and 

magnesium ions with sodium. The 

water softening regeneration process 

requires water for both regeneration and 

for back-rinsing processes. For the 

purposes of this Waiver, both water 


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1The annual dishwasher usage set forth in the 

Test Procedure. 

2Under energy testing of a soil-sensing 

dishwasher, energy consumption is derived from 

normal cycle operation at a low, medium and high 

soil sensor response. The 6% estimate is the 

potential additional energy consumption that may 

occur if a regeneration operation occurs during the 

light sensor response dishwasher cycle. 10 CFR Part 

430, Subpt. B, App. C, § 5.3.2. 

usages are combined and used under the 

term ‘‘regeneration.’’ 

In a dishwasher equipped with a 

consumer adjustable water softener, 

water softener regeneration does not 

take place during every cycle. Rather, 

regeneration takes place as a function of 

home water supply water hardness, 

determined by a customer adjustable 

dishwasher water hardness level setting. 

For a conventional dishwasher in a 

home with the mean water hardness of 

12.6 grains per gallon, water softener 

regeneration may take place 

approximately every six to eight cycles. 

However, regeneration may vary 

significantly, depending on customer 

adjusted hardness level setting. As 

indicated by the U.S. Geological Survey 

information, water hardness within the 

U.S. varies significantly. For a 

significant population of U.S. 

consumers, their water hardness is such 

that no water softener operation is 

required. 

The amount of water used for softener 

regeneration, when apportioned evenly 

across all dishwasher cycles, is very 

small. For conventional dishwashers, 

Whirlpool estimates that the typical 

water use during regeneration ranges 

between two to three (2–3) liters (0.5– 

0.8 gallons). If this amount is 

apportioned across six cycles (a 

reasonable average regeneration 

frequency rate), the water usage due to 

regeneration is approximately 0.41 

liters/cycle (0.11 gallons/cycle). Based 

upon 215 dishwasher cycles per year 1, 

the estimated annual water and energy 

consumption, due to water softener 

regeneration, will be approximately 23 

gallons/year of water and 4 kWh/year, 

respectively. This is less than 1.5% of 

the total energy use of the average 

dishwasher. 

Providing a dishwasher with a water 

softener is not new. Most dishwashers 

manufactured and sold in European 

countries contain water softeners. Under 

the European Standard EN 50242 

‘‘Electric Dishwashers for Household 

Use—Methods for Measuring the 

Performance,’’ water usage and energy 

associated with water softeners is not 

included. 

§ 8.2.1 of EN 50242 is set forth 

below: 

§ 8.2.1 Regeneration operations 

For dishwashers, where the 

regeneration of the water softener 

depends on demand and water 

hardness, and does not take place on 

every cycle; when calculating the 

arithmetical mean value of the energy, 

water consumption and time, if a 

regeneration operation takes place, 

within the test procedure, it shall be 

disregarded when declaring energy, 

water and time values. (Emphasis 

added) 

Note: The frequency of the 

regeneration operations in some 

machines is not predictable and 

depends on the adjustment of the 

softener and the water hardness of the 

water used by the laboratories. 

In the test report, it shall be stated 

whether regeneration(s) occurred during 

the five (or more) test cycles. 

European Standard EN 50242 

recognizes that including the water used 

during a regeneration operation would 

evaluate the tested dishwasher in a 

manner so unrepresentative of its true 

energy consumption characteristics as to 

provide materially inaccurate 

comparative data. Based on the 

infrequency of the regeneration 

operation, including the water used 

during a regeneration operation in the 

measurement of water consumption 

during an individual energy test cycle 

could lead to overstating the water use 

by as much as 12%, and overstating the 

energy use by as much as 6%.2

4. Requirements Sought To Be Waived. 

The Basic Models are subject to the 

provisions of 10 CFR Part 430, Subpt. B, 

App. C of the Test Procedure, which 

specifies the calculation of water energy 

consumption for non-soil-sensing and 

soil-sensing dishwashers using 

electrically or gas/oil heated water. 

Under the Test Procedure, the water 

energy consumption, W or Wg, are 

calculated based on the water 

consumption as set forth in 10 CFR Part 

430, Subpt. B, App. C, Sect. 4.3: 

§ 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. 

Whirlpool is requesting approval to 

measure water consumption of 

dishwashers having water softeners 

without including the water consumed 

by the dishwasher during softener 

regeneration. Similar to the European 

standard EN 50242, Whirlpool is 

proposing that if a regeneration 

operation takes place within the test 

procedure, the water consumed by the 

regeneration operation shall be 

disregarded when declaring water and 

energy consumption. 

5. Grounds For Waiver and Interim 

Waiver. 

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. 

As noted above, the inclusion of a 

water softener in a dishwasher is likely 

to lead to water and energy savings due 

to enhanced effectiveness of the 

dishwasher. This advance in technology 

offers consumers a new benefit that 

should not be discouraged by the Test 

Procedure. Additionally, the amount of 

water consumed by the regeneration 

operation of a water softener in a 

dishwasher is very small and varies 

significantly depending on the 

adjustment of the softener. 

In view of the small amount of water 

consumed during softener regeneration 

and the relative infrequency of the 

regeneration operation, Whirlpool is 

requesting approval to measure water 

consumption of dishwashers having 

water softeners without including the 

water consumed by the dishwasher 

during softener regeneration. If this 

Waiver and Interim Waiver are not 

granted, there will be significant 

uncertainty in the method for measuring 

water consumption for dishwashers 

with water softeners. If water 

consumption due to water softeners is 

measured during an energy cycle, 

without any apportionment of this water 

across all cycles, energy use for a 

dishwasher could be overstated by a 

significant amount. 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. 

6. Justification for Whirlpool’s Interim 

Waiver Application. 

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 Amended Petition for 

Waiver. 


srobinson on DSKHWCL6B1PROD with NOTICES
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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 water softeners. As 

discussed above, if this Interim Waiver 

is not granted, there will be significant 

uncertainty in how to measure water 

consumption for dishwashers with 

water softeners. This will cause 

economic hardship and competitive 

disadvantage for Whirlpool. There are 

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. 

7. Manufacturers of Similar Products 

and Affected Manufacturers. 

We believe that at least two 

dishwasher manufacturers, BSH Home 

Appliances Corp. (Bosch-Siemens 

Hausgerate GmbH) and Miele Inc., are 

currently selling in the U.S. 

dishwashers with an integrated water 

softener. 

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., 

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 Amended Petition 

and Application. 

8. Conclusion. 

Whirlpool respectfully submits that 

by granting this Amended Waiver 

Petition and Application for Interim 

Waiver, the Department will ensure that 

advancements in technology and 

consumer beneficial innovations are not 

hindered by regulations, and that 

similar products are tested and rated for 

energy consumption on a comparable 

basis. This waiver should continue until 

the Test Procedure can be formally 

amended to exclude the water and 

energy consumed during a water 

softener regeneration operation. 

Whirlpool certifies that all 

manufacturers of domestically marketed 

dishwashers identified above have been 

notified by letter of this Amended 

Petition and application. Copies of such 

letter and related certification are 

attached hereto. 

Sincerely, 

/s/J.B. Hoyt 

lllllllllllllllllll

J.B. Hoyt 

Director, Government Relations 

Whirlpool Corporation 

[FR Doc. 2010–17295 Filed 7–14–10; 8:45 am] 

BILLING CODE 6450–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OAR–2009–0911; FRL–9176–1] 

Agency Information Collection 

Activities; Submission to OMB for 

Review and Approval; Comment 

Request; Mobile Air Conditioner 

Retrofitting Program (Renewal); EPA 

ICR No. 1774.05, OMB Control No. 

2060–0350 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: In compliance with the 

Paperwork Reduction Act (PRA) (44 

U.S.C. 3501 et seq.), this document 

announces that an Information 

Collection Request (ICR) has been 

forwarded to the Office of Management 

and Budget (OMB) for review and 

approval. This is a request to renew an 

existing approved collection. The ICR, 

which is abstracted below, describes the 

nature of the information collection and 

its estimated burden and cost. 

DATES: Additional comments may be 

submitted on or before August 16, 2010. 

ADDRESSES: Submit your comments, 

referencing Docket ID No. EPA–HQ– 

OAR–2009–0911 to (1) EPA online 

using www.regulations.gov (our 

preferred method), by e-mail to a-and-rdocket@epa.gov, or by mail to: EPA 

Docket Center, Environmental 

Protection Agency, Air and Radiation 

Docket, Mail Code 28221T, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460, and (2) OMB by mail to: 

Office of Information and Regulatory 

Affairs, Office of Management and 

Budget (OMB), Attention: Desk Officer 

for EPA, 725 17th Street, NW., 

Washington, DC 20503. 

FOR FURTHER INFORMATION CONTACT: 

Yaidi Cancel, Stratospheric Protection 

Division, Office of Air and Radiation, 

Mail Code 6205J, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460; 

telephone number: (202) 343–9512; fax 

number: (202) 343–2338; e-mail address: 

Cancel.Yaidi@epa.gov. 

SUPPLEMENTARY INFORMATION: EPA has 

submitted the following ICR to OMB for 

review and approval according to the 

procedures prescribed in 5 CFR 1320.12. 

On February 22, 2010 (75 FR 7584), EPA 

sought comments on this ICR pursuant 

to 5 CFR 1320.8(d). EPA received no 

comments. Any additional comments on 

this ICR should be submitted to EPA 

and OMB within 30 days of this notice. 

EPA has established a public docket 

for this ICR under Docket ID No. EPA– 

HQ–OAR–2009–0911, which is 

available for online viewing at http:// 

www.regulations.gov, or in person 

viewing at the Air Docket in the EPA 

Docket Center (EPA/DC), EPA West, 

Room 3334, 1301 Constitution Ave., 

NW., Washington, DC. The EPA/DC 

Public Reading Room is open from 8:30 

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

Friday, excluding legal holidays. The 

telephone number for the Reading Room 

is 202–566–1744, and the telephone 

number for the Air Docket is 202–566– 

1742. 

Use EPA’s electronic docket and 

comment system at http:// 

www.regulations.gov, to submit or view 

public comments, access the index 

listing of the contents of the docket, and 

to access those documents in the docket 

that are available electronically. Once in 

the system, select ‘‘docket search,’’ then 

key in the docket ID number identified 

above. Please note that EPA’s policy is 

that public comments, whether 

submitted electronically or in paper, 

will be made available for public 

viewing at http://www.regulations.gov 

as EPA receives them and without 

change, unless the comment contains 

copyrighted material, confidential 

business information (CBI), or other 

information whose public disclosure is 

restricted by statute. For further 

information about the electronic docket, 

go to http://www.regulations.gov. 

Title: Mobile Air Conditioner 

Retrofitting Program (Renewal) 

ICR numbers: EPA ICR No. 1774.05, 

OMB Control No. 2060–0350. 

ICR Status: This ICR is scheduled to 

expire on July 31, 2010. Under OMB 

regulations, the Agency may continue to 

conduct or sponsor the collection of 

information while this submission is 

pending at OMB. An Agency may not 

conduct or sponsor, and a person is not 

required to respond to, a collection of 

information, unless it displays a 


srobinson on DSKHWCL6B1PROD with NOTICES