38144 Federal Register / Vol. 76, No. 125 / Wednesday, June 29, 2011 / Notices 

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

Code, part B was re-designated Part A. 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. DW–005] 

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–005) 

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 June 29, 2011. 

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: 

mailto: 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 June 21, 

2011. 

Kathleen Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Office of Technology 

Development, Energy Efficiency and 

Renewable Energy. 

Decision and Order 

In the Matter of: BSH Corporation 

(Case No. DW–005). 

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. 10 CFR 

430.27(b)(1)(iii). 

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 February 4, 2011, BSH filed a 

petition for waiver from the test 

procedure applicable to residential 

dishwashers set forth in 10 CFR part 

430, subpart B, appendix C. The 

products covered by the petition employ 

integrated or built-in water softeners. 

BSH asserted that the DOE test 

procedure does not account for the 

energy and water use incurred by water 

softener regeneration. BSH’s petition 

was published in the Federal Register 

on March 30, 2011. 76 FR 17639. DOE 

received one comment, from Whirlpool 

Corporation (Whirlpool), on the BSH 

petition, discussed below. 

BSH claims that water softeners can 

prevent consumer behaviors that 

consume additional energy and water. 

BSH asserts that a dishwasher equipped 

with a water softener will minimize prerinsing and rewashing, and that 

consumers will have less reason to run 

their dishwasher through a clean-up 

cycle periodically. Further, BSH claims 

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. 

According to Whirpool’s petition for 

waiver, which DOE granted October 7, 

2010 (75 FR 62127), including water use 

attributable to the regeneration 

operation in the measurement of water 

consumption during an individual 

energy test cycle could overstate water 

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Federal Register / Vol. 76, No. 125 / Wednesday, June 29, 2011 / Notices 38145 

use by as much as 12 percent, and 

energy use by as much as 6 percent. In 

view of the small amount of water 

consumed during softener regeneration 

and the relative infrequency of the 

regeneration operation, BSH requests 

approval to measure water consumption 

of its dishwashers equipped with water 

softeners without including the water 

consumed by the dishwasher during 

softener regeneration. This is the 

approach used in European Standard 

EN 50242, ‘‘Electric Dishwashers for 

Household Use—Methods for Measuring 

the Performance’’ (EN 50242), which 

BSH recommends. 

The current DOE test procedure 

registers water consumption from 

softener regeneration only in a small, 

variable fraction of test runs, producing 

variable results. As a result, and using 

the information provided by BSH, DOE 

has determined that test results may 

provide materially inaccurate 

comparative data. DOE has considered 

EN 50242 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. DOE notes 

that if water consumption of a 

regeneration operation is to be 

apportioned across all cycles of 

operation, then manufacturers would 

need to make calculations regarding 

average water hardness and average 

water consumptions due to regeneration 

operations that are not currently 

provided for or allowed by the test 

procedure. In its petition, BSH 

estimated that, on average, 23.8 gallons/ 

year of water and 4 kWh/year would be 

consumed in softener regeneration. 

These values are based on internal 

testing conducted by BSH, and are 

similar to the values submitted by 

Whirlpool in its petition. 

Whirlpool’s comment pointed out the 

BSH softener regeneration measurement 

of 5.0 liters of water per regeneration, 

which is approximately double the 2.4 

liters of water used by a Whirlpool 

dishwasher per regeneration. The total 

energy and water use claimed by BSH 

is nearly equal to that of Whirlpool 

because BSH included a 50% deduction 

in energy and water based on an 

estimate that at least 50% of homes 

already have a water softening system. 

BSH submitted no data to support this 

claim. In the alternate test procedure 

DOE granted in July 2010 in response to 

BSH’s application for interim waiver, 

DOE added the constant values of 23 

gallons/year of water and 4 kWh/year to 

the energy consumption measured by 

appendix C, including the 50% 

deduction. To maintain the same 

methodology used in the Whirlpool 

waiver, DOE is not including the 50% 

deduction in its final waiver. Therefore, 

in this waiver the constant values added 

are 47.6 gallons per year for water 

consumption and 8.0 kWh per year for 

energy consumption. 

III. 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. 

IV. Conclusion 

After careful consideration of all the 

material that was submitted by BSH, the 

comment submitted by GE, and 

consultation with the FTC staff, it is 

ordered that: 

(1) The petition for waiver submitted 

by the BSH Corporation (Case No. DW– 

005) is hereby granted as set forth in the 

paragraphs below. 

(2) BSH shall not be required to test 

or rate the following models on the basis 

of the current test procedures contained 

in 10 CFR part 430, subpart B, appendix 

C. Instead, it shall be required to test 

and rate such products according to the 

alternate test procedure as set forth in 

paragraph (3) below: 

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#. 

(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 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). 

(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 June 21, 

2011. 

Kathleen Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Office of Technology 

Development, Energy Efficiency and 

Renewable Energy. 

[FR Doc. 2011–16301 Filed 6–28–11; 8:45 am] 

BILLING CODE 6450–01–P 

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