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[Federal Register Volume 77, Number 109 (Wednesday, June 6, 2012)]
[Notices]
[Pages 33450-33453]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-13618]

[[Page 33450]]

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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. DW-008]

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.

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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 July 6, 2012.

ADDRESSES: You may submit comments, identified by case number DW-008, 
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-008'' 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-008, 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 
9:00 a.m. and 4:00 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.
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    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part B was re-designated Part A.
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    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 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 must 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)) 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 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. In every respect 
except the introduction of new model numbers, the instant petition is 
identical to petitions submitted by BSH on February 4, 2011 and 
December 7, 2011. DOE granted the February 4th petition on June 29, 
2011 (76 FR 38144). DOE granted an interim waiver to BSH for the model 
numbers specified in the December 7th petition 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

[[Page 33451]]

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.
    For the reasons discussed in previous waivers granted to Whirlpool 
and BSH, DOE has determined that constant values should be used to 
estimate 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. BSH included calculations showing this water and energy use, 
which was derived using the same method as that used by Whirlpool in 
its petition for waiver, which was granted by DOE. (75 FR 62127, Oct. 
7, 2010).
    DOE has 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 also 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, use of the DOE test procedure may provide materially 
inaccurate comparative data. In addition, the constant values submitted 
by BSH provide a reasonable estimate of the energy and water used 
during water softener regeneration for the basic model set forth in 
this petition and BSH's previous petition.
    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--SHX5ER

    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 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 part 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:
    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 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 May 24, 2012.
Timothy Unruh,
Acting Deputy Assistant Secretary, Energy Efficiency and Renewable 
Energy.
March 27, 2012
The Honorable Dr. Henry C. Kelly, 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 (henry.kelly@ee.doe.gov) and overnight mail

Re: Petition for Waiver and Application for Interim Waiver concerning 
the

[[Page 33452]]

measurement of water and energy used in the water softening 
regeneration process of Dishwashers having an Integrated Water Softener

    Dear Assistant Secretary Kelly: 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 
(and a pending waiver) 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 previous Waiver 
applications is as follows:
    Bosch brand:
     Basic Model--SHX5ER
    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 pre-rinsing 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 dependent 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/hardness-alkalinity.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.
    [cir] 36 x 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 x T x K
    [cir] V = Weighted Average Water Usage per DOE
    [cir] T = Nominal water heater temperature rise of 39[deg] C
    [cir] K = Specific heat of water 0.00115
     Calculated Energy use--180 x 39 x .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,

[[Page 33453]]

Subpart B, App. C, Section 4.3, which specifies the method for the 
water energy calculation.
     To stay consistent with the recently approved Dishwasher 
waivers for units with a water softener, 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 have 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.
    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. 2012-13618 Filed 6-5-12; 8:45 am]
BILLING CODE 6450-01-P
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