[Federal Register Volume 75, Number 194 (Thursday, October 7, 2010)]
[Notices]
[Pages 62127-62129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-25272]


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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.

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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: 
<a href="/cdn-cgi/l/email-protection#44092d272c2521286a16253d292b2a200421216a202b216a232b32"><span class="__cf_email__" data-cfemail="5a173339323b3f3674083b233735343e1a3f3f743e353f743d352c">[email protected]</span></a>.
    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. E-
mail: <a href="/cdn-cgi/l/email-protection#602a050e0e090605124e34090504050d010e2008114e040f054e070f16"><span class="__cf_email__" data-cfemail="753f101b1b1c1310075b211c10111018141b351d045b111a105b121a03">[email protected]</span></a>.

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

[[Page 62128]]

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:
    Sec.  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

[[Page 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


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