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[Federal Register Volume 76, Number 61 (Wednesday, March 30, 2011)]
[Notices]
[Pages 17639-17642]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-7448]

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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. DW-005]

Energy Conservation Program for Consumer Products: 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 BSHpetition.

DATES: DOE will accept comments, data, and information with respect to 
the BSHpetition until, but no later than April 29, 2011.

ADDRESSES: You may submit comments, identified by case number DW-004, 
by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     E-mail: AS_Waiver_Requests@ee.doe.gov. Include the case 
number [Case No. DW-005] 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-005, 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., (Resource Room of the Building Technologies 
Program), 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 and waivers regarding 
similar dish washers. Please call Ms. Brenda Edwards at the above 
telephone number for additional information regarding visiting the 
Resource Room.

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: 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. 10 CFR 430.27(b)(1)(iii). 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. An interim waiver may be extended for an 
additional 180 days. 10 CFR 430.27(h)

II. Petition for Waiver

    On January 11, 2011, BSH filed a petition for waiver and 
application for interim waiver from the test procedure applicable to 
dishwashers set forth in 10 CFR part 430, subpart B, appendix C. 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.

[[Page 17640]]

    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 EN 50242. EN 
50242 does not include the water or energy used in the water softening 
process in the dishwasher energy consumption calculation.

III. Application for Interim Waiver

    BSH also requests 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 understands, however, that the 
current test procedure may not predict accurately the water and energy 
consumption of its line of dishwashers with a built-in water softener. 
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 
estimated that, on average, 23.78 gallons/year of water and 4.04 kWh/
year would be consumed in softener regeneration. These values are based 
on internal testing conducted by BSH, and are very close to Whirlpool's 
values of 23 gallons/year and 4 kWh/year. Therefore, in the interim 
waiver, DOE adds the same constant values as in the Whirlpool waiver to 
the energy and water consumption measured by appendix C.
    DOE believes it is likely that BSH's petition for waiver will be 
granted because DOE granted a similar waiver to Whirlpool and it is in 
the public interest to have similar products tested and rated using the 
same test procedures, and because BSH provides approximate values for 
the energy and water use resulting from softener regeneration. As a 
result, DOE grants BSH's application for interim waiver. Therefore, BSH 
shall not be required to test its dishwasher models:

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#

according to the existing DOE test procedure at 10 CFR 430, subpart B, 
appendix C, but shall be required to test and rate such products 
according to the alternate test procedure as set forth below.
    Under appendix C, the water energy consumption, W or Wg, is 
calculated based on the water consumption as set forth in Section 4.3:
    Section 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 23 
gallons/year of water and 4 kWh/year of energy shall be added to the 
values measured by appendix C.
    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 new or amended 
petition for waiver and request for grant of interim waiver, as 
appropriate, for additional models of dishwashers for which it seeks a 
waiver from the DOE test procedure. Grant of an interim waiver does not 
release a petitioner from the certification requirements set forth at 
10 CFR 430.62.

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. DOE is publishing BSH's petition for waiver in its 
entirety pursuant to 10 CFR 430.27(b)(1)(iv). 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 Word Perfect,

[[Page 17641]]

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 24, 2011.
Kathleen Hogan,
Deputy Assistant Secretary for Energy Efficiency, Office of Technology 
Development, Energy Efficiency and Renewable Energy.
January 11, 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 e-mail (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 Huntington Beach, 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 for Waiver is similar to a request 
submitted by Whirlpool Corporation (Case No. DW-004). The Whirlpool 
Corporation Interim Waiver was granted on October 7, 2010.
    BSH's Application for Interim Waiver will follow the same test 
methodology approved by DOE by its approval of the Whirlpool 
Corporation Application for Interim Waiver.
    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 basic Dishwasher models manufactured by BSH which contain an 
integrated water softener are as follows:

Bosch brand:
     SHX68E05UC
     SHE68E05UC
     SHX68E15UC
     SHE68E15UC
     SHV68E13UC
     SGE63E0UC
     SHX58E15UC
     SHV58E13UC
     SHX58E2UC
Gaggenau brand:
     DF261760
     DF260760
Kenmore brand:
     630.13993.01 630.13023.01 630.13003.01

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 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/hardness-alkalinity.html).

Calculations

Water Use

     Based on the DOE Energy Test for Dishwashers, BSH 
Dishwashers with an internal water softener use an average of 5.89 
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 5.89 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.
     Many homes with hard water have the entire home water 
supply softened, negating the need for a Dishwasher specific water 
softener. Based on this data BSH further suggest that at least 50% 
of the homes with hard water that would purchase a high end 
dishwasher (any Dishwasher with an internal water softening system 
would be considered high end) would have entire home water softening 
systems. This would reduce the water consumption figures shown above 
by 50% or more.
     [cir] 36 x 5 x 50% = 90 liters per year (23.78 gallons) or .42 
liters (.11 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--90 x 39 x .00115 = 4.04 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. BSH estimates that 50% 
of homes with 12.6 grain per gallon hardness will have an entire 
home water softening system, negating the need for a Dishwasher 
specific internal water softener. 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 .42

[[Page 17642]]

liters (.11 gallons) per use; furthermore, using about 4.04 kWh per 
year to heat this water in the home hot water heater.
    Note: Contrary to current DOE direction, the water used in the 
regeneration process has the separate and distinct purpose of 
softening water. It is BSH's opinion that this water and energy 
should not be included in the energy usage figures for washing 
dishes. BSH would suggest a similar approach as used in EN50242 for 
the Final Rule. EN 50242 does not include the water or energy used 
in the water softening process in the dishwasher energy consumption 
calculation.

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 has been granted to 
Whirlpool Corporation.
    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, 
KuppersbuschUSA, 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.comwww.boschappliances.com
Phone (252) 636-4334
Fax (252) 636-4450

[FR Doc. 2011-7448 Filed 3-29-11; 8:45 am]
BILLING CODE 6450-01-P
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