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[Federal Register Volume 78, Number 57 (Monday, March 25, 2013)]
[Notices]
[Pages 17925-17926]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-06743]

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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. DW-010]

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-010) 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 March 25, 2013 through May 
29, 2013.

FOR FURTHER INFORMATION CONTACT: Mr. Bryan Berringer, U.S. Department 
of Energy, Building Technologies Office, 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: 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.

    Issued in Washington, DC, on March 19, 2013.
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-010).

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.
    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 January 21, 2013, 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 February 7, 2013. 78 FR 9039. 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, December 7, 2011, 
March 27, 2012, and November 30, 2012 (DW-005, DW-007, DW-008, and DW-
009 respectively) with the exception of the model numbers. DOE granted 
the February 4th petition on June 29, 2011 (76 FR 38144); the December 
7th and March 27th petitions on October 1, 2012 (77 FR 59916 and 77 FR 
59918 respectively). Elsewhere in today's Federal Register, DOE 
published a

[[Page 17926]]

decision and order granting the November 30th petition.
    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). Specifically, BSH requested that 
constant values of 47.6 gallons per year for water consumption and 8.0 
kWh per year for energy consumption be used.
    DOE notes that use of industry standard European Standard EN 50242, 
``Electric Dishwashers for Household Use--Methods for Measuring the 
Performance'' 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. As noted above, BSH provided data on the 
constant values that should be added to approximate the energy and 
water use of the basic models listed in its petition that have an 
integrated water softener.
    Because of the variability in test results described by BSH in its 
petition, DOE has determined that testing the basic models for which 
BSH has requested a waiver according to the DOE test procedure at 
appendix C may evaluate the basic models in a manner so 
unrepresentative of their true energy and water consumption so as to 
provide materially inaccurate comparative data. As a result, and as 
described in Section III, DOE grants BSH's waiver subject to use of the 
alternate test procedure prescribed by DOE.
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-010) 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--SHE43T5 Basic Model--SHX43T5 Basic Model--SHE33T5
Kenmore brand:
     Basic Model--S38KML4 Basic Model--S48KML2 Basic Model--S48KML3 Basic Model--S38KML5 Basic Model--S37KMK2
Gaggenau brand:
     Basic Model--DF261761
     Basic Model--DF260761

    (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 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/aham-1_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.

    Issued in Washington, DC, on March 19, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.
[FR Doc. 2013-06743 Filed 3-22-13; 8:45 am]
BILLING CODE 6450-01-P
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