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[Federal Register Volume 76, Number 125 (Wednesday, June 29, 2011)]
[Notices]
[Pages 38144-38145]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-16301]

[[Page 38144]]

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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. DW-005]

Energy Conservation Program for Consumer Products; Decision and 
Order Granting a Waiver to BSH Corporation From the Department of 
Energy Residential Dishwasher Test Procedure

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

ACTION: Decision and Order.

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SUMMARY: The U.S. Department of Energy (DOE) gives notice of the 
decision and order (Case No. DW-005) that grants to BSH Corporation 
(BSH) a waiver from the DOE dishwasher test procedure for certain basic 
models containing integrated or built-in water softeners. Under today's 
decision and order, BSH shall be required to test and rate its 
dishwashers with integrated water softeners using an alternate test 
procedure that takes this technology into account when measuring energy 
and water consumption.

DATES: This Decision and Order is effective June 29, 2011.

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: 
mailto: Elizabeth.Kohl@hq.doe.gov.

SUPPLEMENTARY INFORMATION: In accordance with Title 10 of the Code of 
Federal Regulations (10 CFR 430.27(l)), DOE gives notice of the 
issuance of its decision and order as set forth below. The decision and 
order grants BSH 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 built-in or integrated water 
softeners, provided that BSH tests and rates such products using the 
alternate test procedure described in this notice. Today's decision 
prohibits BSH from making representations concerning the energy 
efficiency of these products unless the product has been tested 
consistent with the provisions of the alternate test procedure set 
forth in the decision and order below, and the representations 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).

    Issued in Washington, DC, on June 21, 2011.
Kathleen Hogan,
Deputy Assistant Secretary for Energy Efficiency, Office of Technology 
Development, Energy Efficiency and Renewable Energy.

Decision and Order

    In the Matter of: BSH Corporation (Case No. DW-005).

I. Background and Authority

    Title III of the Energy Policy and Conservation Act (EPCA) sets 
forth a variety of provisions concerning energy efficiency. Part B of 
Title III provides for the ``Energy Conservation Program for Consumer 
Products Other Than Automobiles.'' \1\ 42 U.S.C. 6291-6309. 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, and that are not unduly burdensome to 
conduct. 42 U.S.C. 6293(b)(3). The test procedure for residential 
dishwashers, the subject of today's notice, is contained in 10 CFR part 
430, subpart B, appendix C.
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    \1\ For editorial reasons, on codification in the U.S. Code, 
part B was re-designated Part A.
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    DOE's regulations for covered products contain provisions allowing 
a person to seek a waiver for a particular basic model from the test 
procedure requirements for covered consumer products 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) when 
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). 
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 characteristics. 10 CFR 
430.27(b)(1)(iii).
    The Assistant Secretary for Energy Efficiency and Renewable Energy 
(the Assistant Secretary) may grant a 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).
    Any interested person who has submitted a petition for waiver may 
also file an application for interim waiver of the applicable test 
procedure requirements. 10 CFR 430.27(a)(2). The Assistant Secretary 
will grant an interim waiver request if it is determined that the 
applicant will experience economic hardship if the 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 on the petition for waiver. 10 CFR 430.27(g).

II. BSH's Petition for Waiver: Assertions and Determinations

    On February 4, 2011, BSH filed a petition for waiver from the test 
procedure applicable to residential dishwashers set forth in 10 CFR 
part 430, subpart B, appendix C. The products covered by the petition 
employ integrated or built-in water softeners. BSH asserted that the 
DOE test procedure does not account for the energy and water use 
incurred by water softener regeneration. BSH's petition was published 
in the Federal Register on March 30, 2011. 76 FR 17639. DOE received 
one comment, from Whirlpool Corporation (Whirlpool), on the BSH 
petition, discussed below.
    BSH claims that water softeners can prevent consumer behaviors that 
consume additional energy and water. BSH asserts that a dishwasher 
equipped with a water softener will minimize pre-rinsing and rewashing, 
and that consumers will have less reason to run their dishwasher 
through a clean-up cycle periodically. Further, BSH claims 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. According to 
Whirpool's petition for waiver, which DOE granted October 7, 2010 (75 
FR 62127), including water use attributable to the regeneration 
operation in the measurement of water consumption during an individual 
energy test cycle could overstate water

[[Page 38145]]

use by as much as 12 percent, and energy use by as much as 6 percent. 
In view of the small amount of water consumed during softener 
regeneration and the relative infrequency of the regeneration 
operation, BSH requests approval to measure water consumption of its 
dishwashers equipped with water softeners without including the water 
consumed by the dishwasher during softener regeneration. This is the 
approach used in European Standard EN 50242, ``Electric Dishwashers for 
Household Use--Methods for Measuring the Performance'' (EN 50242), 
which BSH recommends.
    The current DOE test procedure registers water consumption from 
softener regeneration only in a small, variable fraction of test runs, 
producing variable results. As a result, and using the information 
provided by BSH, DOE has determined that test results may provide 
materially inaccurate comparative data. DOE has considered EN 50242 as 
an alternate test procedure. This standard excludes water use due to 
softener regeneration from its water use efficiency measure. Use of EN 
50242 would provide repeatable results, but would underestimate the 
energy and water use of these models. DOE notes that if water 
consumption of a regeneration operation is to be apportioned across all 
cycles of operation, then manufacturers would need to make calculations 
regarding average water hardness and average water consumptions due to 
regeneration operations that are not currently provided for or allowed 
by the test procedure. In its petition, BSH estimated that, on average, 
23.8 gallons/year of water and 4 kWh/year would be consumed in softener 
regeneration. These values are based on internal testing conducted by 
BSH, and are similar to the values submitted by Whirlpool in its 
petition.
    Whirlpool's comment pointed out the BSH softener regeneration 
measurement of 5.0 liters of water per regeneration, which is 
approximately double the 2.4 liters of water used by a Whirlpool 
dishwasher per regeneration. The total energy and water use claimed by 
BSH is nearly equal to that of Whirlpool because BSH included a 50% 
deduction in energy and water based on an estimate that at least 50% of 
homes already have a water softening system. BSH submitted no data to 
support this claim. In the alternate test procedure DOE granted in July 
2010 in response to BSH's application for interim waiver, DOE added the 
constant values of 23 gallons/year of water and 4 kWh/year to the 
energy consumption measured by appendix C, including the 50% deduction. 
To maintain the same methodology used in the Whirlpool waiver, DOE is 
not including the 50% deduction in its final waiver. Therefore, in this 
waiver the constant values added are 47.6 gallons per year for water 
consumption and 8.0 kWh per year for energy consumption.

III. Consultations With Other Agencies

    DOE consulted with the Federal Trade Commission (FTC) staff 
concerning the BSH petition for waiver. The FTC staff did not have any 
objections to granting a waiver to BSH.

IV. Conclusion

    After careful consideration of all the material that was submitted 
by BSH, the comment submitted by GE, and consultation with the FTC 
staff, it is ordered that:
    (1) The petition for waiver submitted by the BSH Corporation (Case 
No. DW-005) is hereby granted as set forth in the paragraphs below.
    (2) BSH shall not be required to test or rate the following models 
on the basis of the current test procedures contained in 10 CFR part 
430, subpart B, appendix C. Instead, it shall be required to test and 
rate such products according to the alternate test procedure as set 
forth in paragraph (3) below:
    Bosch brand:
     SHX68E05UC;
     SHE68E05UC;
     SHX68E15UC;
     SHE68E15UC;
     SHV68E13UC;
     SGE63E0#UC;
     SHX58E15UC;
     SHV58E13UC;
     SHX58E2#UC.
    Gaggenau brand:
     DF261760;
     DF260760.
    Kenmore brand:
     630.13993.01#;
     630.13023.01#;
     630.13003.01#.
    (3) BSH shall be required to test the products listed in paragraph 
(2) above according to the test procedures for dishwashers prescribed 
by DOE at 10 CFR part 430, appendix C, except that, for the BSH 
products listed in paragraph (2) only:
    In Section 4.1, Test cycle, add at the end, ``The start of the DOE 
test should begin on a cycle immediately following a regeneration 
cycle.''
    In Section 4.3, the water energy consumption, W or Wg, is 
calculated based on the water consumption as set forth below:
    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 
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.
    (4) Representations. BSH may make representations about the energy 
use of its dishwashers containing integrated or built-in water 
softeners 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(m).
    (6) This waiver is granted for only those models specifically set 
out in BSH's petition, not future models that may be manufactured by 
BSH. BSH may submit a new or amended petition for waiver and request 
for grant of interim waiver, as appropriate, for additional dishwasher 
models for which it seeks a waiver from the DOE test procedure. Grant 
of this waiver also does not release BSH from the certification 
requirements set forth at 10 CFR part 429.
    (7) This waiver is issued on the condition that the statements, 
representations, and documentary materials provided by the petitioner 
are valid. DOE may revoke or modify this waiver at any time if it 
determines the factual basis underlying the petition for waiver is 
incorrect, or the results from the alternate test procedure are 
unrepresentative of the basic models' true energy consumption 
characteristics.

    Issued in Washington, DC, on June 21, 2011.
Kathleen Hogan,
Deputy Assistant Secretary for Energy Efficiency, Office of Technology 
Development, Energy Efficiency and Renewable Energy.
[FR Doc. 2011-16301 Filed 6-28-11; 8:45 am]
BILLING CODE 6450-01-P
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