[Federal Register Volume 76, Number 201 (Tuesday, October 18, 2011)]
[Notices]
[Pages 64335-64337]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-26884]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. DW-006]


Notice of Petition for Waiver of Miele, Inc. From the Department 
of Energy Residential Dishwasher Test Procedure, and Grant of Interim 
Waiver

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Notice of petition for waiver, notice of grant of interim 
waiver, and request for comments.

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SUMMARY: This notice announces receipt of and publishes the Miele, Inc. 
(Miele) petition for waiver 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 Miele petition.

[[Page 64336]]


DATES: DOE will accept comments, data, and information with respect to 
the Miele petition until, but no later than November 17, 2011.

ADDRESSES: You may submit comments, identified by case number DW-006, 
by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     E-mail: [email protected]. Include the case 
number [Case No. DW-006] in the subject line of the message.
     Mail: Ms. Brenda Edwards, U.S. Department of Energy, 
Building Technologies Program, Mailstop EE-2J, Petition for Waiver Case 
No. DW-006, 1000 Independence Avenue, SW., Washington, DC 20585-0121. 
Telephone: (202) 586-2945. Please submit one signed original paper 
copy.
     Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department 
of Energy, Building Technologies Program, 950 L'Enfant Plaza, SW., 
Suite 600, Washington, DC 20024. Please submit one signed original 
paper copy.
    Docket: For access to the docket to review the background documents 
relevant to this matter, you may visit the U.S. Department of Energy, 
950 L'Enfant Plaza, SW., (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 rulemakings and waivers regarding 
similar dish washers. 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: 
[email protected].
    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: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background and Authority

    Title III, Part B of the Energy Policy and Conservation Act of 1975 
(EPCA), Public Law 94-163 (42 U.S.C. 6291-6309, as codified) 
established the Energy Conservation Program for Consumer Products Other 
Than Automobiles, a program covering most major household appliances, 
which includes dishwashers.\1\ Part B includes definitions, test 
procedures, labeling provisions, energy conservation standards, and the 
authority to require information and reports from manufacturers. 
Further, Part B authorizes the Secretary of Energy to prescribe test 
procedures that are reasonably designed to produce results which 
measure energy efficiency, energy use, 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.
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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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    The regulations set forth in 10 CFR part 430.27 contain provisions 
that 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 July 19, 2011, Miele 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. Miele has designed 
new dishwashers that run on an electrical supply voltage of 208 volts. 
The existing test procedure under Title 10 of the Code of Federal 
Regulations 430.23(c) has provisions for testing at 115 and 240 volts 
only. The electrical supply voltage of 208 volts prevents testing these 
dishwashers according to the DOE test procedure. The only modification 
needed to the test procedure is to provide for testing with a 208 volt 
electrical supply.

III. Application for Interim Waiver

    Miele 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 Miele'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 Miele might experience absent a favorable determination on its 
application for interim waiver. DOE understands, however, that the 
current test procedure does not allow for testing a dishwasher with a 
208 volt electrical supply and that the simple addition of a provision 
for testing with a 208 volt electrical supply is the only modification 
necessary to allow Miele's product to be tested.
    This petition for waiver is likely to be successful because it 
requests a simple change which will allow testing of any dishwasher 
with a 208 volt supply. This change has no other effect on testing or 
rating. As a result, DOE grants Miele's application for interim waiver. 
Therefore, Miele shall be required to test its dishwasher model G7856-
208V according to the existing DOE test procedure at 10 CFR 430, 
subpart B, appendix C, with the modification set forth below:
    Under appendix C, add the following section 2.2.3:

[[Page 64337]]

    2.2.3 Dishwashers that operate with an electrical supply of 208 
volts. Maintain the electrical supply to the dishwasher at 208 volts 
2 percent and within 1 percent of its nameplate frequency 
as specified by the manufacturer.
    DOE makes decisions on waivers and interim waivers for only those 
models specifically set out in the petition, not future models that may 
be manufactured by the petitioner. Miele may submit a new or amended 
petition for waiver and request for grant of interim waiver, as 
appropriate, for additional models of dishwashers for which it seeks a 
waiver from the DOE test procedure. Grant of an interim waiver does not 
release a petitioner from the certification requirements set forth at 
10 CFR part 429.

IV. Summary and Request for Comments

    Through today's notice, DOE announces receipt of Miele's petition 
for waiver from certain parts of the test procedure that apply to 
dishwashers. DOE is publishing Miele's petition for waiver in its 
entirety pursuant to 10 CFR part 430.27(b)(1)(iv). The petition 
contains no confidential information. The petition includes a suggested 
alternate test procedure which is to include a provision for a 208 volt 
electrical supply voltage.
    DOE solicits comments from interested parties on all aspects of the 
petition. Pursuant to 10 CFR 430.27(b)(1)(iv), any person submitting 
written comments to DOE must also send a copy of such comments to the 
petitioner. The contact information for the petitioner is Mr. Steve 
Polinski, Senior Manager Regulatory Affairs, Miele Incorporated, 9 
Independence Way, Princeton, NJ 08540. 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).

    Issued in Washington, DC, on October 11, 2011.
Kathleen Hogan,
Deputy Assistant Secretary for Energy Efficiency, Office of Technology 
Development, Energy Efficiency and Renewable Energy.

August 4, 2011
The Honorable Catherine Zoi
Assistant Secretary, Energy Efficiency and Renewable Energy
U.S. Department of Energy
Maile Station EE-10
1000 Independence Avenue, SW.,
Washington, DC 20585

Re: Application for Interim Waiver and Petition for Waiver, 10 CFR 430 
Subpart B, Appendix C--Uniform Test Method for Measuring Energy 
Consumption of Dishwashers

Dear Assisant Secretary Zoi,

Miele Inc is submitting this Application for Interim Waiver and 
Petition for Waiver of the Department of Energy's Test procedure 
pursuant to 10 CFR 430.27, to the Department of Energy concerning the 
test procedure found in 10 CFR 430, Subpart B, Appendix C for measuring 
energy consumption of dishwashers specifically the Miele G7856-208V.

The request for this waiver is focused on the testing voltages 
specified in the existing test procedure found in Section 2.2.

2.2.1 Dishwashers that operate with an electrical supply of 115 volts. 
Maintain the electrical supply to the dishwasher at 115 Volts 2 percent and within 1 percent of the nameplate frequency as 
specified by the manufacturer.

2.2.2 Dishwashers that operate with an electrical supply of 240 Volts. 
Maintain the electrical supply to the dishwasher at 240 volts 2 percent and within 1 percent of its nameplate frequency as 
specified by the manufacturer.

Currently there is no provision to test dishwashers at 208 Volts.
There are many instances where only 208 Volts is provided to the 
consumer. Dishwashers rated at 240 Volts would not allow the proper 
operation of a dishwasher when connected to a 208 Volt supply. To 
achieve the data plate rating, appropriate voltage components are used 
in the design of the 208 Volt dishwashers.
The proposed test procedure would allow for a variation in electrical 
supply voltage to 208 Volts based on the electrical safety test data 
plate rating. In the case of the G7856-208V, a rating of 208 Volts 
2 percent and within 1 percent of its nameplate frequency 
as specified by the manufacturer would be used to perform the energy 
test.

Miele requests immediate relief by grant of the proposed interim 
waiver, justified by the following reasons:
Economic Hardship. Since the Miele 208V dishwasher is intended to be 
sold in applications where 240Volts is not made available to the 
consumer, denial of this Application for Interim Waiver and Petition 
for Waiver would eliminate the possibility of high performance 
dishwasher sales where a compatible voltage is not present.

Public Policy Merits. The public policy benefits of encouraging 
business success and fostering innovation in high performance 
dishwasher design are additional reasons for prompt approval of the 
requested interim waiver.

We hereby certify that all dishwasher manufacturers of domestically-
marketed units known to Miele Appliances, Inc. have been notified by 
letter of this application, copies of which are attached

Thank you for your timely attention to this Application for Interim 
Waiver and Petition for Waiver.

Best regards,

Steve Polinski
Senior Manager Regulatory Affairs
Miele Incorporated
9 Independence Way
Princeton, New Jersey 08540
[email protected]
Phone: 609 419 9898

[FR Doc. 2011-26884 Filed 10-17-11; 8:45 am]
BILLING CODE 6450-01-P