Federal Register / Vol. 76, No. 201 / Tuesday, October 18, 2011 / Notices 64335 

TABLE 5.1—TEST LOAD SIZES—Continued 

Container volume Minimum load Maximum load Average load 

cu. ft. ≥ < liter ≥ < lb kg lb kg lb kg 

1.30–1.40 ............................................. 36.8–39.6 3.00 1.36 5.50 2.49 4.25 1.93 

1.40–1.50 ............................................. 39.6–42.5 3.00 1.36 5.90 2.68 4.45 2.02 

1.50–1.60 ............................................. 42.5–45.3 3.00 1.36 6.40 2.90 4.70 2.13 

1.60–1.70 ............................................. 45.3–48.1 3.00 1.36 6.80 3.08 4.90 2.22 

1.70–1.80 ............................................. 48.1–51.0 3.00 1.36 7.20 3.27 5.10 2.31 

1.80–1.90 ............................................. 51.0–53.8 3.00 1.36 7.60 3.45 5.30 2.40 

1.90–2.00 ............................................. 53.8–56.6 3.00 1.36 8.00 3.63 5.50 2.49 

2.00–2.10 ............................................. 56.6–59.5 3.00 1.36 8.40 3.81 5.70 2.59 

2.10–2.20 ............................................. 59.5–62.3 3.00 1.36 8.80 3.99 5.90 2.68 

2.20–2.30 ............................................. 62.3–65.1 3.00 1.36 9.20 4.17 6.10 2.77 

2.30–2.40 ............................................. 65.1–68.0 3.00 1.36 9.60 4.35 6.30 2.86 

2.40–2.50 ............................................. 68.0–70.8 3.00 1.36 10.00 4.54 6.50 2.95 

2.50–2.60 ............................................. 70.8–73.6 3.00 1.36 10.50 4.76 6.75 3.06 

2.60–2.70 ............................................. 73.6–76.5 3.00 1.36 10.90 4.94 6.95 3.15 

2.70–2.80 ............................................. 76.5–79.3 3.00 1.36 11.30 5.13 7.15 3.24 

2.80–2.90 ............................................. 79.3–82.1 3.00 1.36 11.70 5.31 7.35 3.33 

2.90–3.00 ............................................. 82.1–85.0 3.00 1.36 12.10 5.49 7.55 3.42 

3.00–3.10 ............................................. 85.0–87.8 3.00 1.36 12.50 5.67 7.75 3.52 

3.10–3.20 ............................................. 87.8–90.6 3.00 1.36 12.90 5.85 7.95 3.61 

3.20–3.30 ............................................. 90.6–93.4 3.00 1.36 13.30 6.03 8.15 3.70 

3.30–3.40 ............................................. 93.4–96.3 3.00 1.36 13.70 6.21 8.35 3.79 

3.40–3.50 ............................................. 96.3–99.1 3.00 1.36 14.10 6.40 8.55 3.88 

3.50–3.60 ............................................. 99.1–101.9 3.00 1.36 14.60 6.62 8.80 3.99 

3.60–3.70 ............................................. 101.9–104.8 3.00 1.36 15.00 6.80 9.00 4.08 

3.70–3.80 ............................................. 104.8–107.6 3.00 1.36 15.40 6.99 9.20 4.17 

3.80–3.90 ............................................. 107.6–110.4 3.00 1.36 15.80 7.16 9.40 4.26 

3.90–4.00 ............................................. 110.4–113.3 3.00 1.36 16.20 7.34 9.60 4.35 

4.00–4.10 ............................................. 113.3–116.1 3.00 1.36 16.60 7.53 9.80 4.45 

4.10–4.20 ............................................. 116.1–118.9 3.00 1.36 17.00 7.72 10.00 4.54 

4.20–4.30 ............................................. 118.9–121.8 3.00 1.36 17.40 7.90 10.20 4.63 

4.30–4.40 ............................................. 121.8–124.6 3.00 1.36 17.80 8.09 10.40 4.72 

4.40–4.50 ............................................. 124.6–127.4 3.00 1.36 18.20 8.27 10.60 4.82 

4.50–4.60 ............................................. 127.4–130.3 3.00 1.36 18.70 8.46 10.80 4.91 

4.60–4.70 ............................................. 130.3–133.1 3.00 1.36 19.10 8.65 11.00 5.00 

4.70–4.80 ............................................. 133.1–135.9 3.00 1.36 19.50 8.83 11.20 5.10 

4.80–4.90 ............................................. 135.9–138.8 3.00 1.36 19.90 9.02 11.40 5.19 

4.90–5.00 ............................................. 138.8–141.6 3.00 1.36 20.30 9.20 11.60 5.28 

5.00–5.10 ............................................. 141.6–144.4 3.00 1.36 20.70 9.39 11.90 5.38 

5.10–5.20 ............................................. 144.4–147.2 3.00 1.36 21.10 9.58 12.10 5.47 

5.20–5.30 ............................................. 147.2–150.1 3.00 1.36 21.50 9.76 12.30 5.56 

5.30–5.40 ............................................. 150.1–152.9 3.00 1.36 21.90 9.95 12.50 5.65 

5.40–5.50 ............................................. 152.9–155.7 3.00 1.36 22.30 10.13 12.70 5.75 

5.50–5.60 ............................................. 155.7–158.6 3.00 1.36 22.80 10.32 12.90 5.84 

5.60–5.70 ............................................. 158.6–161.4 3.00 1.36 23.20 10.51 13.10 5.93 

5.70–5.80 ............................................. 161.4–164.2 3.00 1.36 23.60 10.69 13.30 6.03 

5.80–5.90 ............................................. 164.2–167.1 3.00 1.36 24.00 10.88 13.50 6.12 

5.90–6.00 ............................................. 167.1–169.9 3.00 1.36 24.40 11.06 13.70 6.21 

Notes: 

(1) All test load weights are bone dry weights. 

(2) Allowable tolerance on the test load weights are ± 0.10 lbs (0.05 kg). 

APPENDIX 3 

[Letters are not included in the 

published document.] 

[FR Doc. 2011–26883 Filed 10–17–11; 8:45 am] 

BILLING CODE 6450–01–P 

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. 

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. 

mstockstill on DSK4VPTVN1PROD with NOTICES

64336 Federal Register / Vol. 76, No. 201 / Tuesday, October 18, 2011 / Notices 

1For editorial reasons, upon codification in the 

U.S. Code, Part B was re-designated Part A. 

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: 

AS_Waiver_Requests@ee.doe.gov. 

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: 

Michael.Raymond@ee.doe.gov. 

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: 

Elizabeth.Kohl@hq.doe.gov. 

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. 

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: 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 76, No. 201 / Tuesday, October 18, 2011 / Notices 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 

SPolinski@MieleUSA.com 

Phone: 609 419 9898 

[FR Doc. 2011–26884 Filed 10–17–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

Combined Notice of Filings 

Take notice that the Commission has 

received the following Natural Gas 

Pipeline Rate and Refund Report filings: 

Filings Instituting Proceedings 

Docket Numbers: RP12–7–000. 

Applicants: Rockies Express Pipeline 

LLC. 

Description: Rockies Express Pipeline 

LLC submits tariff filing per 154.204: 

Negotiated Rate 2011–10–05 Concord to 

be effective 10/6/2011. 

Filed Date: 10/05/2011. 

Accession Number: 20111005–5043. 

Comment Date: 5 p.m. Eastern Time 

on Monday, October 17, 2011. 

Docket Numbers: RP12–8–000. 

Applicants: Midcontinent Express 

Pipeline LLC. 

Description: Midcontinent Express 

Pipeline LLC submits tariff filing per 

154.204: Tariff Clean Up Filing to be 

effective 11/5/2011. 

Filed Date: 10/06/2011. 

Accession Number: 20111006–5079. 

Comment Date: 5 p.m. Eastern Time 

on Tuesday, October 18, 2011. 

Docket Numbers: RP12–9–000. 

Applicants: Natural Gas Pipeline 

Company of America LLC. 

mstockstill on DSK4VPTVN1PROD with NOTICES