19650 Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Notices 

1For editorial reasons, upon codification in the 

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

(TDD) may call the Federal Information 

Relay Service (FIRS) at 1–800–877– 

8339. 

SUPPLEMENTARY INFORMATION: Section 

3506 of the Paperwork Reduction Act of 

1995 (44 U.S.C. Chapter 35) requires 

that Federal agencies provide interested 

parties an early opportunity to comment 

on information collection requests. The 

Acting Director, Information Collection 

Clearance Division, Privacy, Information 

and Records Management Services, 

Office of Management, publishes this 

notice containing proposed information 

collection requests at the beginning of 

the Departmental review of the 

information collection. The Department 

of Education is especially interested in 

public comment addressing the 

following issues: (1) Is this collection 

necessary to the proper functions of the 

Department; (2) will this information be 

processed and used in a timely manner; 

(3) is the estimate of burden accurate; 

(4) how might the Department enhance 

the quality, utility, and clarity of the 

information to be collected; and (5) how 

might the Department minimize the 

burden of this collection on the 

respondents, including through the use 

of information technology. Please note 

that written comments received in 

response to this notice will be 

considered public records. 

Title of Collection: Guaranty Agency 

Financial Report. 

OMB Control Number: 1845–0026. 

Type of Review: Revision. 

Total Estimated Number of Annual 

Responses: 792. 

Total Estimated Number of Annual 

Burden Hours: 43,560. 

Abstract: Guaranty agencies use the 

GAFR to: (1) Request reinsurance from 

ED; (2) request payment on death, 

disability, closed school, and false 

certification claim payments to lenders; 

(3) remit to ED refunds on rehabilitated 

loans and consolidation loans; (4) remit 

to ED default and wage garnishment 

collections. ED also uses report data to 

monitor the guaranty agency’s financial 

activities (agency federal fund and 

agency operating fund) and each 

agency’s federal receivable balance. 

Dated: March 28, 2012. 

Tomakie Washington, 

Acting Director, Information Collection 

Clearance Division, Privacy, Information and 

Records Management Services, Office of 

Management. 

[FR Doc. 2012–7822 Filed 3–30–12; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. DW–007] 

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. 

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 May 2, 2012. 

ADDRESSES: You may submit comments, 

identified by case number DW–007, by 

any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Email: AS_Waiver_Requests@ee.

doe.gov. Include ‘‘Case No. DW–007’’ 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–007, 

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 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 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: 

Bryan.Berringer@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. Email: 

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 

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 

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Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Notices 19651 

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 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 December 7, 2011, BSH submitted 

the instant petition for 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 instant petition is 

identical to one submitted by BSH on 

February 4, 2011. The February 4 

petition was granted on June 29, 2011 

(76 FR 38144). 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. 

BSH included test results and 

calculations showing water and energy 

use very similar to that supplied by 

Whirlpool in its petition for waiver, 

which was granted by DOE. (75 FR 

62127, Oct. 7, 2010). BSH states that the 

water used in the regeneration process 

is for the purpose of softening water 

rather than cleaning dishes. Therefore, 

according to BSH, this water and energy 

should not be included in the energy 

usage figures for washing dishes. BSH 

suggests a similar approach as used in 

EN50242. EN 50242 does not include 

the water or energy used in the water 

softening process in the dishwasher 

energy consumption calculation. 

BSH also requested 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 430.27(g)) 

DOE 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 

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, DOE determined that the test 

results may provide materially 

inaccurate comparative data. 

BSH provided the European Standard 

EN 50242, ‘‘Electric Dishwashers for 

Household Use—Methods for Measuring 

the Performance,’’ 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. If water consumption 

of a regeneration operation were 

apportioned across all cycles of 

operation, manufacturers would need to 

make calculations regarding average 

water hardness and average water 

consumptions due to regeneration 

operations that are not currently 

provided for in the test procedure. In 

lieu of these calculations, constant 

values could be used to approximate the 

energy and water use due to softener 

regeneration. 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. 

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.’’ 

The interim waiver applies to the 

following basic model groups: 

Bosch brand: 

• Basic Model—SHE7ER5#UC 

• SHE7ER5#UC 

• SHV7ER5#UC 

• SHX7ER5#UC 

• SGE63E1#UC 

• SHE9ER5#UC 

• SHV9ER5#UC 

• SHX9ER5#UC 

• SHE8ER5#UC 

• SHX8ER5#UC 

• Basic Model—SPE5ES5#UC 

• SPE5ES5#UC 

• SPV5ES5#UC 

• SPX5ES5# 

Thermador brand: 

• Basic Model—DWHD650G## 

• DWHD650G## 

• DWHD651GFP 

• Basic Model—DWHD640J## 

• DWHD640J## 

• Basic Model—DWHD651J## 

• DWHD650J## 

• DWHD651J## 

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 

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19652 Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Notices 

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 applicable test procedures 

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 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: 

§ 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. 

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 which is to measure the 

water consumption of dishwashers 

having water softeners without 

including the water consumed by the 

dishwasher during softener 

regeneration. 

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 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 March 27, 

2012. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

December 07, 2011 

The Honorable Catherine Zoi 

Assistant Secretary, Energy Efficiency 

and Renewable Energy 

U.S. Department of Energy 

Mail Station EE–10 

1000 Independence Avenue SW 

Washington, DC 20585 

Via email (cathy.zoi@ee.doe.gov) 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 Zoi: 

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. 

BSH’s appliances are produced in the 

United States and Germany. 

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 

identical to Waiver Case Number DW– 

005 previously granted to BSH Home 

Appliance Corporation with the only 

modification being to add additional 

model numbers. 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 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 Waiver case No. DW–005 is 

as follows: 

Bosch brand: 

• Basic Model—SHE7ER5#UC 

• SHE7ER5#UC 

• SHV7ER5#UC 

• SHX7ER5#UC 

• SGE63E1#UC 

• SHE9ER5#UC 

• SHV9ER5#UC 

• SHX9ER5#UC 

• SHE8ER5#UC 

• SHX8ER5#UC 

• Basic Model—SPE5ES5#UC 

• SPE5ES5#UC 

• SPV5ES5#UC 

• SPX5ES5#UC 

Thermador brand: 

• Basic Model—DWHD650G## 

• DWHD650G## 

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Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Notices 19653 

• DWHD651GFP 

• Basic Model—DWHD640J## 

• DWHD640J## 

• Basic Model—DWHD651J## 

• DWHD650J## 

• DWHD651J## 

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 prerinsing 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 

dependant 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/hardnessalkalinity.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 6.65 

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 ‘‘4’’. 

• Based on a BSH Dishwasher internal 

water softening system setting of ‘‘4’’ 

and the dishwasher using 6.65 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 4.97 liters (5.0) per 

regeneration cycle. 

• Water usage calculation based on 

above data. 

Æ 36 × 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 × T × K 

Æ V = Weighted Average Water Usage 

per DOE 

Æ T = Nominal water heater 

temperature rise of 39 °C 

Æ K = Specific heat of water 0.00115 

• Calculated Energy use—180 × 39 × 

.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. 

Note: Contrary to current DOE 

direction, in BSH’s opinion the water 

used in the Water Softening 

regeneration process has the separate 

and distinct purpose of softening water 

and we do not feel that this water and 

energy should be included in the energy 

usage figures for washing dishes. EN 

50242 does not include the water or 

energy used in the water softening 

process in the dishwasher energy 

consumption calculation and BSH 

would suggest adopting a similar 

approach as used in EN50242 when the 

test procedure is updated. 

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. 

• To stay consistent with the recently 

approved Whirlpool waiver, 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 has 

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, Kuppersbusch USA, 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. 

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19654 Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Notices 

1For editorial reasons, upon codification in the 

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

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. Copies of these 

notifications are attached. 

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 

mike.edwards@bshg.com 

www.boschappliances.com 

Phone (252) 636–4334 

Fax (252) 636–4450 

[FR Doc. 2012–7811 Filed 3–30–12; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. RF–022] 

Notice of Petition for Waiver of Sanyo 

E&E Corporation from the Department 

of Energy Residential Refrigerator and 

Refrigerator-Freezer Test Procedure 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy, DoE. 

ACTION: Notice of petition for waiver and 

request for comments. 

SUMMARY: This notice announces receipt 

of and publishes the Sanyo E&E 

Corporation (Sanyo) petition for waiver 

(hereafter, ‘‘petition’’) from specified 

portions of the U.S. Department of 

Energy (DOE) test procedure for 

determining the energy consumption of 

electric refrigerators and refrigeratorfreezers. The waiver request pertains to 

the hybrid wine chiller/beverage center 

basic models set forth in Sanyo’s 

petition. In its petition, Sanyo provides 

an alternate test procedure to test the 

wine chiller compartment at 55 °F 

instead of the prescribed temperature of 

38 °F. DOE solicits comments, data, and 

information concerning Sanyo’s petition 

and the suggested alternate test 

procedure. 

DATES: DOE will accept comments, data, 

and information with respect to the 

Sanyo Petition until May 2, 2012. 

ADDRESSES: You may submit comments, 

identified by case number ‘‘RF–022,’’ by 

any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Email: 

AS_Waiver_Requests@ee.doe.gov 

Include the case number [Case No. RF– 

022] in the subject line of the message. 

• Mail: Ms. Brenda Edwards, U.S. 

Department of Energy, Building 

Technologies Program, Mailstop EE–2J/ 

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 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 regarding 

similar refrigerator-freezers. 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: 

Bryan.Berringer@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. Email: 

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 the electric 

refrigerators and refrigerator-freezers 

that are the focus of this notice.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 the energy efficiency, 

energy use, or estimated annual 

operating costs of a covered product, 

and that are not unduly burdensome to 

conduct. (42 U.S.C. 6293(b)(3)) The test 

procedure for electric refrigerators and 

electric refrigerator-freezers is contained 

in 10 CFR part 430, subpart B, appendix 

A1. 

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 

products. The Assistant Secretary for 

Energy Efficiency and Renewable 

Energy (the Assistant Secretary) will 

grant a waiver 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). 

II. Petition for Waiver of Test Procedure 

On June 2, 2011, Sanyo submitted a 

petition for waiver from the test 

procedure applicable to residential 

electric refrigerators and refrigeratorfreezers set forth in 10 CFR part 430, 

Subpart B, Appendix A1. Sanyo is 

requesting a waiver with respect to the 

test procedures for its hybrid models 

that consist of single-cabinet units with 

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