59918 Federal Register / Vol. 77, No. 190 / Monday, October 1, 2012 / Notices 

1For editorial reasons, on codification in the U.S. 

Code, Part B was re-designated Part A. 

integrated or built-in water softeners. 

The compliance date for these 

procedures is May 30, 2013. Therefore, 

this Decision and Order is valid through 

May 29, 2013. Beginning on May 30, 

2013, all manufacturers must use the 

amended test procedures to determine 

the energy and water use associated 

with water softener regeneration. 

(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 September 

18, 2012. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

[FR Doc. 2012–24093 Filed 9–28–12; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. DW–008] 

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. 

SUMMARY: The U.S. Department of 

Energy (DOE) gives notice of the 

decision and order (Case No. DW–008) 

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 October 1, 2012 through May 

29, 2013. 

FOR FURTHER INFORMATION CONTACT: Dr. 

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: 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 September 

18, 2012. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

Decision and Order 

In the Matter of: BSH Corporation 

(Case No. DW–008) 

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. 

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. 

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). 

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Federal Register / Vol. 77, No. 190 / Monday, October 1, 2012 / Notices 59919 

II. BSH’s Petition for Waiver: Assertions 

and Determinations 

On March 27, 2012, BSH submitted 

the instant petition for waiver and 

interim waiver from the test procedure 

applicable to dishwashers set forth in 10 

CFR part 430, subpart B, appendix C. 

BSH’s petition was published in the 

Federal Register on June 6, 2012. 77 FR 

33450. DOE received no comments on 

the petition. In every respect except the 

introduction of a new model number, 

the instant petition is identical to 

petitions submitted by BSH on February 

4, 2011 (Case No. DW–005) and 

December 7, 2011 (Case No. DW–007). 

DOE granted petition DW–005 on June 

29, 2011 (76 FR 38144); DOE granted an 

interim waiver to BSH for the model 

numbers specified in petition DW–007 

and published that petition for comment 

on April 2, 2012 (77 FR 19650). 

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 the water and 

energy use of the specified dishwasher 

models using the same method as that 

used by Whirlpool in its petition for 

waiver, which was granted previously 

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. As an alternate test 

procedure, BSH suggests using 

European Standard EN50242, ‘‘Electric 

Dishwashers for Household Use— 

Methods for Measuring the 

Performance’’, which does not include 

the water or energy used in the water 

softening process in the dishwasher 

energy consumption calculation. 

Use of EN 50242 would provide 

repeatable results, but would 

underestimate the energy and water use 

of the specified 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. In lieu of these calculations, 

constant values could also 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. 

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. 

III. Conclusion 

After careful consideration of all the 

material that was submitted by BSH and 

consultation with the FTC staff, it is 

ordered that: 

(1) The petition for waiver submitted 

by the BSH Corporation (Case No. DW– 

008) is hereby granted as set forth in the 

paragraphs below. 

(2) BSH shall be required to test and 

rate the following models according to 

the alternate test procedure as set forth 

in paragraph (3) below: 

Bosch brand: 

• Basic Model—SHX5ER## 

(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: 

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. 

(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). The dishwasher test 

procedure final rule, issued on 

September 14, 2012 and available at 

http://www1.eere.energy.gov/buildings/ 

appliance_standards/pdfs/aham1_tp_final_rule.pdf, includes procedures 

to measure the energy and water use of 

integrated or built-in water softeners. 

The compliance date for these 

procedures is May 30, 2013. Therefore, 

this Decision and Order is valid through 

May 29, 2013. Beginning on May 30, 

2013, all manufacturers must use the 

amended test procedures to determine 

the energy and water use associated 

with water softener regeneration. 

(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. 

[FR Doc. 2012–24092 Filed 9–28–12; 8:45 am] 

BILLING CODE 6450–01–P 

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