[Federal Register Volume 82, Number 67 (Monday, April 10, 2017)]
[Notices]
[Pages 17227-17229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07109]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. DW-012]


Energy Conservation Program for Consumer Products: Decision and 
Order Granting a Waiver to Miele Incorporated From the Department of 
Energy Residential Dishwasher Test Procedure

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

ACTION: Decision and order.

-----------------------------------------------------------------------

SUMMARY: The U.S. Department of Energy (DOE) gives notice of a decision 
and order (Case No. DW-012) that grants to Miele Incorporated (Miele) a 
waiver from the DOE dishwasher test procedure for determining the 
energy consumption of dishwashers. Under this decision and order, Miele 
is required to test and rate its dishwasher using an alternate test 
procedure that allows for

[[Page 17228]]

testing of one specified basic model at 208 volts when measuring energy 
consumption.

DATES: This Decision and Order is effective April 10, 2017.

FOR FURTHER INFORMATION CONTACT: Mr. Bryan Berringer, U.S. Department 
of Energy, Building Technologies Program, Mail Stop EE-5B, 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-33, Forrestal Building, 1000 Independence 
Avenue SW., Washington, DC 20585-0103. Telephone: (202) 586-7796. 
Email: [email protected].

SUPPLEMENTARY INFORMATION: In accordance with Title 10 of the Code of 
Federal Regulations (10 CFR 430.27(f)(2)), DOE gives notice of the 
issuance of its decision and order as set forth below. The decision and 
order grants Miele a waiver from the applicable dishwasher test 
procedure in 10 CFR part 430, subpart B, appendix C1 for a certain 
basic model of dishwashers that operates at 208 volts, provided that 
Miele tests and rates such products using the alternate test procedure 
described in this notice. Miele's representations concerning the energy 
efficiency of these products must be based on testing consistent with 
the provisions and restrictions in the alternate test procedure set 
forth in the decision and order below, and the representations must 
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).
    Not later than June 9, 2017, any manufacturer currently 
distributing in commerce in the United States a product employing a 
technology or characteristic that results in the same need for a waiver 
from the dishwasher test procedure must submit a petition for waiver 
pursuant to the requirements of this section. Manufacturers not 
currently distributing such products in commerce in the United States 
must petition for and be granted a waiver prior to distribution in 
commerce in the United States. Manufacturers may also submit a request 
for interim waiver pursuant to the requirements of 10 CFR 430.27.

    Issued in Washington, DC, on April 4, 2017.
Kathleen Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

Decision and Order

    In the Matter of: Miele Incorporated. (Case No. DW-012)
I. Background and Authority
    Title III, Part B of the Energy Policy and Conservation Act of 1975 
(EPCA) (42 U.S.C. 6291-6309) established the Energy Conservation 
Program for Consumer Products Other Than Automobiles, a program that 
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 measuring 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 is contained in 10 CFR part 430, subpart B, 
appendix C1, Uniform Test Method for Measuring the Energy Consumption 
of Dishwashers.
---------------------------------------------------------------------------

    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part B was re-designated Part A.
---------------------------------------------------------------------------

    The regulations set forth in 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 product when that 
basic model contains one or more design characteristics that: (1) 
Prevent testing according to the prescribed test procedure, or (2) 
cause the prescribed test procedures to 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). DOE may grant the waiver subject to conditions, 
including adherence to alternate test procedures. 10 CFR 430.27(f)(2).
II. Miele's Petition for Waiver: Assertions and Determinations
    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.
    Miele also requested an interim waiver from the existing DOE test 
procedure, which DOE granted. See 81 FR at 87027 (Dec. 2, 2016). After 
reviewing the alternate procedure suggested by Miele, DOE granted the 
interim waiver because DOE determined that Miele's petition for waiver 
would likely be granted and decided that it was desirable for public 
policy reasons to grant Miele immediate relief pending a determination 
on the petition for waiver. Miele's petition was published in the 
Federal Register on December 2, 2016. 81 FR 87027. DOE received no 
comments regarding Miele's petition.
    DOE previously granted a petition for waiver submitted for an 
earlier design generation of Miele dishwasher rated for 208 volts (Case 
No. DW-006) on December 27, 2011, 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. 76 
FR 80920.
III. Consultations With Other Agencies
    DOE consulted with the Federal Trade Commission (FTC) staff 
concerning the Miele petition for waiver. The FTC staff did not have 
any objections to granting a waiver to Miele.
IV. Order
    After careful consideration of all the material that was submitted 
by Miele and consultation with the FTC staff, in accordance with 10 CFR 
430.27, it is ORDERED that:
    (1) The petition for waiver submitted by the Miele Incorporated. 
(Case No. DW-012) is hereby granted as set forth in the paragraphs 
below.
    (2) Miele must test and rate the Miele basic model specified in 
paragraph (3) on the basis of the current test procedure contained in 
10 CFR part 430, subpart B, appendix C1 with the modification of 
section 2.2 of appendix C1 set forth below to provide for a dishwasher 
that operates with an electrical supply of 208 volts:
    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

[[Page 17229]]

section 2.9 of this appendix, and in between all test cycles.
    (3) This order applies only to the following basic model: PG8056-
208V.
    (4) Representations. Miele may make representations about the 
energy use of its dishwasher products 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.


    Issued in Washington, DC, on 4/4/2017.

Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.


[FR Doc. 2017-07109 Filed 4-7-17; 8:45 am]
BILLING CODE 6450-01-P