[Federal Register Volume 78, Number 26 (Thursday, February 7, 2013)]
[Notices]
[Pages 9039-9042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-02751]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. DW-010]


Notice of Petition for Waiver of BSH 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.

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SUMMARY: This notice announces receipt of and publishes the BSH 
Corporation (BSH) 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 BSH petition.

DATES: DOE will accept comments, data, and information with respect to 
the BSH petition until March 11, 2013.

ADDRESSES: You may submit comments, identified by case number DW-010, 
by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: [email protected]. Include ``Case No. 
DW-010'' 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-010, 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., Washington, DC, 20024; (202) 586-2945, between 
9:00 a.m. and 4:00 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

[[Page 9040]]

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.

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: [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. Email: 
[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 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 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. The Assistant Secretary may grant the 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).
    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 430.27(a)(2) An interim waiver must 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 
430.27(g)) An interim waiver remains in effect for 180 days or until 
DOE issues its determination on the petition for waiver, whichever is 
sooner. DOE may extend an interim waiver for an additional 180 days. 10 
CFR 430.27(h)

II. Application for Interim Waiver and Petition for Waiver

    On January 21, 2013, BSH 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 C. In every respect 
except the introduction of new model numbers, the petition is identical 
to petitions submitted by BSH on February 4, 2011, December 7, 2011 and 
March 27, 2012. DOE granted the February 4th petition on June 29, 2011 
(76 FR 38144), the December 7th and March 27th petitions on October 1, 
2012 (77 FR 59916 and 77 FR 59918 respectively), and the November 30th 
petition on December 31, 2012 (77 FR 77064).
    BSH states that ``hard'' water can reduce customer satisfaction 
with dishwasher performance resulting in increased pre-rinsing and/or 
hand washing as well as increased detergent and rinse agent usage. 
According to BSH, a dishwasher equipped with a water softener will 
minimize pre-rinsing and rewashing, and consumers will have less reason 
to periodically run their dishwasher through a clean-up cycle. BSH also 
states 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.
    In its petition, BSH requests that constant values of 47.6 gallons 
per year for water consumption and 8.0 kWh per year for energy 
consumption be used to estimate the water and energy consumption 
resulting from water softener regeneration. BSH included calculations 
showing this water and energy use, which was derived using the same 
method as that used by Whirlpool in its petition for waiver, which was 
granted by DOE. (75 FR 62127, Oct. 7, 2010).
    DOE has determined that BSH'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 BSH might experience absent a favorable determination on its 
application for interim waiver. DOE has also determined, however, that 
it is likely BSH's petition will be granted, and that it is desirable 
for public policy reasons to grant BSH relief pending a determination 
on the petition. Based on the information provided by BSH and 
Whirlpool, use of the DOE test procedure may provide materially 
inaccurate comparative data. In addition, the constant values submitted 
by BSH provide a reasonable estimate of the energy and water used 
during water softener regeneration for the basic model set forth in 
this petition and BSH's previous petition.
    Based on these considerations, and the waivers granted to BSH and 
Whirlpool for similar models, it appears likely that the petition for 
waiver will be granted. DOE also believes that the energy efficiency of 
similar products should be tested and rated in the same manner. As a 
result, DOE grants BSH's application for interim waiver for the basic 
models of dishwashers specified in its petition for waiver, pursuant to 
10 CFR 430.27(g). Therefore, it is ordered that:
    The application for interim waiver filed by BSH is hereby granted 
for the specified BSH dishwasher basic models, subject to the 
specifications and conditions below.
    BSH shall be required to test and rate the specified dishwasher 
products according to the alternate test procedure as set forth in 
section III, ``Alternate Test Procedure.''

[[Page 9041]]

    The interim waiver applies to the following basic model groups:
Bosch brand:
     Basic Model--SHE43T5
     Basic Model--SHX43T5
     Basic Model--SHE33T5
Kenmore brand:
     Basic Model--S38KML4
     Basic Model--S48KML2
     Basic Model--S48KML3
     Basic Model--S38KML5
     Basic Model--S37KMK2
Gaggenau brand:
     Basic Model--DF261761
     Basic Model--DF260761
    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. BSH may submit a subsequent petition 
for waiver and request for grant of interim waiver, as appropriate, for 
additional models of clothes washers for which it seeks a waiver from 
the DOE test procedure. In addition, DOE notes that grant of an interim 
waiver or waiver does not release a petitioner from the certification 
requirements set forth at 10 CFR part 429.

III. Alternate Test Procedure

    EPCA requires that manufacturers use DOE test procedures to make 
representations about the energy consumption and energy consumption 
costs of products covered by the statute. (42 U.S.C. 6293(c)) 
Consistent representations are important for manufacturers to use in 
making representations about the energy efficiency of their products 
and to demonstrate compliance with applicable DOE energy conservation 
standards. Pursuant to its regulations applicable to waivers and 
interim waivers from the relevant test procedures, set forth at 10 CFR 
430.27, DOE will consider setting an alternate test procedure for BSH 
in a subsequent Decision and Order.
    During the period of the interim waiver granted in this notice, BSH 
shall test its dishwasher basic models according to the existing DOE 
test procedure at 10 CFR part 430, subpart B, appendix C with the 
modification 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:
     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 on every cycle, BSH 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. Constant values of 47.6 
gallons/year of water and 8 kWh/year of energy shall be added to the 
values measured by appendix C.
    Please note that on October 31, 2012, DOE published a test 
procedure final rule (77 FR 65941) to include measures of energy and 
water consumption due to periodic water softener regeneration. The rule 
is effective on December 17, 2012 and requires compliance on or after 
May 13, 2013. Products tested on or after May 13, 2013, must be tested 
with the new DOE test procedure.

IV. Summary and Request for Comments

    Through today's notice, DOE announces receipt of BSH's petition for 
waiver from certain parts of the test procedure that apply to 
dishwashers and grants an interim waiver. DOE is publishing BSH's 
petition for waiver in its entirety. The petition contains no 
confidential information. The petition includes a suggested alternate 
test procedure, in which the reported energy and water consumption 
would include an estimate of the energy and water consumption of 
dishwashers with water softeners during softener regeneration.
    DOE solicits comments from interested parties on all aspects of the 
petition. 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 Mike Edwards, Senior 
Engineer, Performance and Consumption, BSH Home Appliances Corporation 
(FNbG), 100 Bosch Blvd., Building 102, New Bern, NC 28562-6924. 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 February 1, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

January 21, 2013
Dr. David T. Danielson
Assistant Secretary, Energy Efficiency & Renewable Energy
U.S. Department of Energy
Mail Station EE-1
1000 Independence Avenue SW.,
Washington, DC 20585
[email protected]
Via email ([email protected]) and overnight mail
Re: Petition for Waiver and Application for Interim Waiver 
concerning the measurement of water and energy used in the water 
softening regeneration process of Dishwasher having an Integrated 
Water Softener
Dear Assistant Secretary Danielson:
    BSH Home Appliance Corporation (``BSH'') hereby submits this 
Petition for Waiver and Application for Interim Waiver pursuant to 
10 CFR 430.27, concerning the test procedure for measuring energy 
consumption of Dishwashers.
    BSH is the manufacturer of household appliances bearing the 
brand names of Bosch, Thermador, and Gaggenau. Its appliances 
include dishwashers, washing machines, clothes dryers, refrigerator-
freezers, ovens, and microwave ovens, and are sold worldwide, 
including in the United States. BSH's United States operations are 
headquartered in Irvine, California.
    10 CFR 430.27(a)(1) provides that any interested person may 
submit a petition to waive for a particular basic model any 
requirement of Section 430.23, or of any appendix to this subpart, 
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, or 
water consumption characteristics as to provide materially 
inaccurate comparative data. Additionally, 10 CFR 430.27(b)(2) 
allows any applicant of a Petition of Waiver to also request an 
Interim Waiver if it can be demonstrated the likely success of the 
Petition for Waiver, while addressing the economic hardship and/or 
competitive disadvantage that is likely to result absent a favorable 
determination on the Application for Interim Waiver.
    This request for Waiver is directed to Dishwashers containing a 
built-in or integrated water softener, specifically addressing the 
energy and water used in the regeneration process of the integrated 
water softener. This request is similar to several previously 
approved waivers (such as Waiver Case Number DW-005). Further, the 
water softening technology used in these models is identical to the 
models that were previously approved.
    Based on the reasoning indicated herein, BSH submits that the 
testing of Dishwashers

[[Page 9042]]

equipped with a water softener under the current DOE test procedure 
may lead to information that could be considered misleading to 
consumers.

1. Identification of Basic Models

    The Dishwasher models manufactured by BSH which contain an 
integrated water softener and were not included in previous Waiver 
applications is as follows:
Bosch brand:
     Basic Model--SHE43T5
     Basic Model--SHX43T5
     Basic Model--SHE33T5
Kenmore brand:
     Basic Model--S38KML4
     Basic Model--S48KML2
     Basic Model--S48KML3
     Basic Model--S38KML5
     Basic Model--S37KMK2
Gaggenau brand:
     Basic Model--DF261761
     Basic Model--DF260761

2. Background

    The design characteristic that is unique among the above listed 
models is an integrated water softener. The primary function of a 
water softener is to reduce the high mineral content of ``hard'' 
water. Hard water reduces the effectiveness of detergents leading to 
additional detergent usage. Hard water also causes increased water 
spots on dishware, resulting in the need to use more rinse aid to 
counterbalance this effect. ``Hard'' water can reduce customer 
satisfaction with Dishwasher performance resulting in increased pre-
rinsing and/or hand washing as well as increased detergent and rinse 
agent usage.
    The water softening process requires water usage for both the 
regeneration process and to flush the system. For purposes of this 
Waiver request, the term ``regeneration'' will include the water and 
energy used in both the flushing and regeneration process of the 
water softener. The water used in the regeneration process is in 
addition to the water used in the dish washing process. The water 
used in the regeneration process does not occur with each use of the 
Dishwasher. The frequency of the regeneration process is dependent 
upon an adjustable water softener setting that is controlled by the 
end user, and based on the home water hardness. Regeneration 
frequency will vary greatly depending upon the customer setting of 
the water softener. Data from the U.S. Geological Survey shows 
considerable variation in the water hardness within the U.S. and for 
many locations the use of a water softener is not necessary. Water 
hardness varies throughout the U.S. with the mean hardness of 217 
mg/liter or 12.6 grains/gallon (based on information provided by the 
U.S. Geological Survey located at http://water.usgs.gov/owq/hardness-alkalinity.html).

Calculations

Water Use

     Based on the DOE Energy Test for Dishwashers, the BSH 
Dishwashers listed in this waiver with an internal water softener 
use an average of approximately 9 liters of water per dish cleaning 
cycle.
     Based on an average U.S. water hardness of 12.6 grains/
gallon, the internal BSH Dishwasher water softener system would be 
set on ``3''.
     Based on a BSH Dishwasher internal water softening 
system setting of ``3'' and the dishwasher using 9 liters of water 
per run, the water regeneration process would occur every 6th cycle.
     When using the Dishwasher 215 times per year (per DOE 
test procedure), the regeneration process would occur 35.8 times 
(36).
     The internal BSH water softening system uses 
approximately 5.0 per regeneration cycle.
     Water usage calculation based on above data.
    [cir] 36 x 5 = 180 liters per year (47.6 gallons) or .84 liters 
(.22 gallons) each time the dishwasher is used.

Energy Used in kWh

     Formula W = V x T x K
    [cir] V = Weighted Average Water Usage per DOE
    [cir] T = Nominal water heater temperature rise of 39[deg] C
    [cir] K = Specific heat of water 0.00115
     Calculated Energy use--180 x 39 x .00115 = 8.0 kWh/yr

Summary

     A Dishwasher built by BSH with an integrated water 
softener in a home with a 12.6 grain per gallon water hardness would 
be cycled through the water softening regeneration process 
approximately every 6 dish cleaning cycles. When the water used in 
the water softener regeneration process is apportioned evenly over 
all dishwasher runs, the amount of energy and water usage per cycle 
is very low. Based on the assumptions provided, BSH estimates the 
typical water used in the internal Dishwasher water softener 
regeneration process at .84 liters (.22 gallons) per use; 
furthermore, using about 8.0 kWh per year to heat this water in the 
home hot water heater.

3. Requirements Sought To Be Waived

    Dishwashers are subjected to test methods outlined in 10 CFR 
Part 430, Subpart B, App. C, Section 4.3, which specifies the method 
for the water energy calculation.
     BSH is requesting approval to estimate the water and 
energy used in the water softening process based on the design of 
the BSH Dishwasher and the calculations and assumptions outlined 
above.

4. 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.
    If a water softener regeneration process was to occur while 
running an energy test, the water usage would be overstated. In this 
case, the water energy usage would be unrepresentative of the 
product providing inaccurate data resulting in a competitive 
disadvantage to BSH.
    Granting of an Interim Waiver in this case is justified since 
the prescribed test procedures would potentially evaluate the basic 
model in a manner so unrepresentative of its true energy consumption 
characteristics as to provide materially inaccurate comparative 
data. In addition, a similar Interim Waiver and Waiver have 
previously been granted to BSH.

5. Manufacturers of Similar Products and Affected Manufacturers

    Web based research shows that at least two other manufacturers 
are currently selling dishwashers with an integrated water softener, 
Miele Inc. and Whirlpool Corporation (Waiver Granted).
    Manufacturers selling dishwashers in the United States include 
AGA Marvel, Arcelik A.S., ASKO Appliances, Inc., Electrolux North 
America, Inc., Fagor America, Inc., Fisher & Paykel Appliances, GE 
Appliances and Lighting, Haier America, Indesit Company Sa, Teka 
USA, Inc., LG Electronics USA, Miele, Inc., Samsung Electronics Co., 
Viking Range Corporation and Whirlpool Corporation.
    BSH will notify all companies listed above (as well as AHAM), as 
required by the Department's rules, providing them with a copy of 
this Petition for Waiver and Interim Waiver.

6. Conclusion

    BSH Home Appliances Corporation hereby requests approval of the 
Waiver petition and Interim Waiver. By granting said Waivers the 
Department of Energy will further ensure that water energy is 
measured in the same way by all Dishwasher Manufacturer's that have 
a integrated water softener. Further, BSH would request that these 
Waivers be in good standing until such time that the test procedure 
can be formally modified to account for integrated water softeners.
    BSH Home Appliances certifies that all manufacturers of domestic 
Dishwashers as listed above have been notified by letter.
With Best Regards,
Mike Edwards
Senior Engineer, Performance and Consumption
BSH Home Appliances Corporation (FNbG)
100 Bosch Blvd., Building 102
New Bern, NC 28562-6924
[email protected]
Phone (252) 672-9161
Fax (949) 809 6177

[FR Doc. 2013-02751 Filed 2-6-13; 8:45 am]
BILLING CODE 6450-01-P