[Federal Register Volume 81, Number 232 (Friday, December 2, 2016)]
[Notices]
[Pages 87027-87030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28984]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. DW-012]


Notice of Petition for Waiver of Miele Incorporated From the 
Department of Energy Dishwashers Test Procedures and Grant of Interim 
Waiver

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

ACTION: Notice of petition for waiver and grant of interim waiver, and 
request for public comment.

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SUMMARY: This notice announces receipt of and publishes a petition for 
waiver from Miele Incorporated (Miele) seeking an exemption from 
specified portions of the U.S. Department of Energy (DOE) test 
procedure for determining the energy consumption of dishwashers that 
operate at 208 volts under Title 10 of the Code of Federal Regulations 
(CFR) part 430, subpart B, appendix C1. Section 2.2 of appendix C1 has 
provisions for testing at 115 and 240 volts only. Consequently, Miele 
submitted to DOE an alternate test procedure that allows for testing of 
one specified basic model at 208 volts. This notice also announces that 
DOE has granted Miele an interim waiver from the DOE dishwasher test 
procedure for the specified dishwasher basic model, subject to use of 
the alternative test procedure as set forth in this notice. DOE 
solicits comments, data, and information concerning Miele's petition 
and its suggested alternate test procedure.

DATES: DOE will accept comments, data, and information with regard to 
the Miele petition until January 3, 2017.

ADDRESSES: You may submit comments, identified by Case Number DW-012, 
by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: [email protected] Include the case 
number [Case No. DW-012] in the subject line of the message. Submit 
electronic comments in WordPerfect, Microsoft

[[Page 87028]]

Word, PDF, or ASCII file format, and avoid the use of special 
characters or any form of encryption.
     Postal Mail: Mr. Bryan Berringer, U.S. Department of 
Energy, Building Technologies Office, Mailstop EE-5B, Petition for 
Waiver Case No. DW-012, 1000 Independence Avenue SW., Washington, DC 
20585-0121. Telephone: (202) 586-0371. If possible, please submit all 
items on a compact disc (CD), in which case it is not necessary to 
include printed copies.
     Hand Delivery/Courier: Appliance and Equipment Standards 
Program, U.S. Department of Energy, Building Technologies Office, 950 
L'Enfant Plaza SW., 6th Floor, Washington, DC 20024. Telephone: (202) 
586-6636. If possible, please submit all items on a CD, in which case 
it is not necessary to include printed copies.
    Docket: The docket, which includes Federal Register notices, 
comments, and other supporting documents/materials, is available for 
review at www.regulations.gov. All documents in the docket are listed 
in the www.regulations.gov index. However, some documents listed in the 
index, such as those containing information that is exempt from public 
disclosure, may not be publicly available.

FOR FURTHER INFORMATION CONTACT: 
    Mr. Bryan Berringer, U.S. Department of Energy, Building 
Technologies Office, Mailstop EE-5B, 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, GC-33, 1000 Independence Avenue SW., Washington, DC 
20585-0121. Telephone: (202) 586-7796. Email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background and Authority

    Title III, Part B \1\ 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 that includes the dishwashers that are the 
focus of this notice.\2\ 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 that measure energy 
efficiency, energy use, or estimated operating costs during a 
representative average-use cycle, and that are not unduly burdensome to 
conduct. (42 U.S.C. 6293(b)(3)) The test procedure for dishwashers is 
contained in Title 10 of the CFR part 430, subpart B, appendix C1, 
Uniform Test Method for Measuring the Energy Consumption of 
Dishwashers.
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    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated as Part A.
    \2\ All references to EPCA in this document refer to the statute 
as amended through the Energy Efficiency Improvement Act of 2015 
(EEIA), Public Law 114-11 (April 30, 2015).
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    DOE's regulations set forth at 10 CFR 430.27 contain provisions 
that allow a person to seek a waiver from the test procedure 
requirements for a particular basic model of a type of covered consumer 
product 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) 
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). 
A petitioner must include in its petition any alternate test procedures 
known to the petitioner to evaluate the basic model in a manner 
representative of its energy consumption. 10 CFR 430.27(b)(1)(iii).
    DOE may grant a waiver subject to conditions, including adherence 
to alternate test procedures. 10 CFR 430.27(f)(2). As soon as 
practicable after the granting of any waiver, DOE will publish in the 
Federal Register a notice of proposed rulemaking to amend its 
regulations so as to eliminate any need for the continuation of such 
waiver. As soon thereafter as practicable, DOE will publish in the 
Federal Register a final rule. 10 CFR 430.27(l).
    The waiver process also allows DOE to grant an interim waiver if it 
appears likely that the petition for waiver will be granted and/or if 
DOE 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(e)(2). Within one year of issuance of an interim 
waiver, DOE will either: (i) Publish in the Federal Register a 
determination on the petition for waiver; or (ii) publish in the 
Federal Register a new or amended test procedure that addresses the 
issues presented in the waiver. 10 CFR 430.27(h)(1). When DOE amends 
the test procedure to address the issues presented in a waiver, the 
waiver will automatically terminate on the date on which use of that 
test procedure is required to demonstrate compliance. 10 CFR 
430.27(h)(2).

II. Petition for Waiver of Test Procedure and Application for Interim 
Waiver

    On July 13, 2016, 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 C1. Miele has 
designed a dishwasher that runs on an electrical supply voltage of 208 
volts. The existing test procedure under section 2.2 of 10 CFR part 
430, subpart B, appendix C1 has provisions for testing at 115 and 240 
volts only. In its petition for waiver, Miele submitted to DOE an 
alternate test procedure that allows for testing of one specified basic 
model at 208 volts.
    DOE granted a petition for waiver submitted for the previous design 
generation of Miele dishwasher rated for 208 volts (Case No. DW-006) on 
December 27, 2011 as 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 a 208 volt supply voltage, 
provided that Miele tests and rates such products using the alternate 
test procedure described in the petition. 76 FR 80920.
    As previously noted, an interim waiver may be granted if it appears 
likely that the petition for waiver will be granted, and/or if DOE 
determines that it would be desirable for public policy reasons to 
grant immediate relief pending a determination of the petition for 
waiver. See 10 CFR 430.27(e)(2).
    DOE understands that absent an interim waiver, the basic model 
identified by Miele in its petition cannot be tested and rated for 
energy consumption on a basis representative of their true energy 
consumption characteristics. DOE has reviewed the alternate procedure 
suggested by Miele and concludes that it will allow for the accurate 
measurement of the energy use of these products, while alleviating the 
testing problems associated with Miele's implementation of dishwasher 
testing. Consequently, DOE has determined that Miele's petition for 
waiver will likely be granted and has decided that it is desirable for 
public policy reasons to grant Miele immediate relief pending a 
determination on the petition for waiver. Miele requests to use an 
alternate test procedure that would follow the test procedure for 
dishwashers prescribed by DOE at 10 CFR part 430, subpart B, appendix 
C1 with a modification of section 2.2 for dishwashers that operate with 
an electrical supply of 208 volts.

[[Page 87029]]

III. Summary of Grant of Interim Waiver

    For the reasons stated above, DOE has granted Miele's application 
for interim waiver from testing for its specified dishwasher basic 
model. The substance of the interim waiver is summarized below.
    Miele is required to test and rate Miele dishwasher basic model 
PG8056-208V according to the alternate test procedure as set forth in 
section IV, ``Alternate Test Procedure.''
    Miele is permitted to make representations about the energy use of 
this basic model for compliance, marketing, or other purposes only to 
the extent that such products have been tested in accordance with the 
provisions set forth in the alternate test procedure and such 
representations fairly disclose the results of such testing in 
accordance with 10 CFR 429.19.
    DOE makes decisions on waivers and interim waivers for only those 
basic models specifically set out in the petition, not future models 
that may be manufactured by the petitioner. Miele may request that DOE 
extend the scope of a waiver or an interim waiver to include additional 
basic models employing the same technology as the basic model(s) set 
forth in the original petition consistent with 10 CFR 430.27(g). In 
addition, DOE notes that granting of an interim waiver or waiver does 
not release a petitioner from the certification requirements set forth 
at 10 CFR part 429. See also 10 CFR 430.27(a) and (i).
    The interim waiver shall remain in effect consistent with 10 CFR 
430.27(h). Furthermore, this interim waiver is conditioned upon the 
presumed validity of statements, representations, and documents 
provided by the petitioner. DOE may rescind or modify a waiver or 
interim waiver at any time upon a determination that the factual basis 
underlying the petition for waiver or interim waiver is incorrect, or 
upon a determination that the results from the alternate test procedure 
are unrepresentative of the basic model's true energy consumption 
characteristics. See 10 CFR 430.27(k).

IV. Alternate Test Procedure

    EPCA requires that manufacturers use DOE test procedures when 
making representations about the energy consumption and energy 
consumption costs of products and equipment covered by the statute. (42 
U.S.C. 6293(c); 6314(d)) Consistent representations about the energy 
efficiency of covered products and equipment are important for 
consumers evaluating products when making purchasing decisions and for 
manufacturers to demonstrate compliance with applicable DOE energy 
conservation standards. Pursuant to its regulations applicable to 
waivers and interim waivers from applicable test procedures at 10 CFR 
430.27, and after considering public comments on the petition, DOE will 
announce its decision as to an alternate test procedure for Miele in a 
subsequent Decision and Order.
    During the period of the interim waiver granted in this notice, 
Miele shall test the basic model listed in section III according to the 
test procedure for dishwashers prescribed by DOE at 10 CFR part 430, 
subpart B, appendix C1, except that Miele must use section 2.2 of 
appendix C1 with the modification set forth below:
    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. Maintain a continuous electrical supply 
to the unit throughout testing, including the preconditioning cycles, 
specified in section 2.9 of this appendix, and in between all test 
cycles.

V. Summary and Request for Comments

    Through this notice, DOE announces receipt of Miele's petition for 
waiver from the DOE test procedure for certain basic models of Miele 
dishwasher, and announces DOE's decision to grant Miele an interim 
waiver from the test procedure for its dishwasher. DOE is publishing 
Miele'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 to determine 
the energy consumption of its dishwasher. DOE will consider public 
comments on the petition in issuing its Decision and Order.
    DOE solicits comments from interested parties on all aspects of the 
petition, including the suggested alternate test procedure and 
calculation methodology. Pursuant to 10 CFR 430.27(d), 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 Steve Polinski, Senior Manager Regulatory Affairs, Miele 
Incorporated, 9 Independence Way, Princeton, New Jersey 08540. All 
comment submissions must include the agency name and Case Number DW-012 
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).
    Pursuant 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 
marked ``confidential'' with all of the information believed to be 
confidential included, and one copy of the document marked ``non-
confidential'' with all of 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.

    Issued in Washington, DC, on November 22, 2016.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

Miele
July 13, 2016
Via Email:
[email protected]
Assistant Secretary for Conservation and Renewable Energy
U.S. Department of Energy Building Technologies Program, Test 
Procedure Waiver
1000 Independence Avenue SW.
Washington, DC 20585
[email protected]

Re: Application for Interim Waiver and Petition for Waiver, 10 C.F.R. 
430 Subpart B, Appendix C1--Uniform Test Method For Measuring Energy 
Consumption of Dishwashers

    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 C1 for 
measuring energy consumption of dishwashers specifically the Miele 
PG8056-208V.
    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.

[[Page 87030]]

    Currently there is no provision to test dishwashers using 208 
Volts. There are many instances where only 208 Volts are 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 PG8056-208V, 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 PG8056-208V dishwasher is 
intended to be sold in applications where 240 volts power supply is 
not 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. This will also greatly affect sales of all 
other Miele product categories where consumers most frequently 
choose one brand of appliance for their home.
    Acceptance of Predicate Model A Petition for Waiver submitted 
for the previous design generation of Miele dishwasher rated for 208 
volts, (Case No. DW-006) was granted by the DOE on December 27, 2011 
as 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 a 208 volt supply voltage, provided 
that Miele tests and rates such products using the alternate test 
procedure described in the petition.
    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 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

[email protected];
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected];
[email protected]
[email protected]
[email protected]

[FR Doc. 2016-28984 Filed 12-1-16; 8:45 am]
BILLING CODE 6450-01-P