Federal Register / Vol. 78, No. 26 / Thursday, February 7, 2013 / Notices 9039 

4:40 p.m.–5:40 p.m. EAC Storage 

Subcommittee Activities and Plans for 

2013 and EAC Member Discussion 

5:40 p.m.–5:45 p.m. Wrap up Day One 

5:45 p.m. Adjourn Day One of March 

2013 EAC Meeting 

Tentative Agenda: March 7, 2013 

8:00 a.m.–9:40 a.m. Post Hurricane 

Sandy: Lessons for Grid Resilience 

Panel and EAC Member Discussion 

9:40 a.m.–10:50 a.m. EAC 

Transmission Subcommittee Papers 

and Work Plan for 2013, EAC Member 

Discussion 

10:50 a.m.–11:00 a.m. Break 

11:00 a.m.–12:40 p.m. Customer 

Acceptance Issues for the Smart Grid 

Panel and EAC Member Discussion 

12:40 p.m.–2:00 p.m. Lunch (Local 

Restaurants) 

2:00 p.m.–3:10 p.m. EAC Smart Grid 

Subcommittee Paper and Work Plans 

for 2013, EAC Member Discussion 

3:10 p.m.–3:20 p.m. Status of June 

EAC Meeting—Webinar vs. In-Person 

3:20 p.m.–3:35 p.m. Public Comments 

(Must register to comment at time of 

check-in) 

3:35 p.m.–3:40 p.m. Wrap Up of March 

2013 EAC Meeting 

3:40 p.m. Adjourn March 2013 EAC 

Meeting 

The meeting agenda may change to 

accommodate EAC business. For EAC 

agenda updates, see the EAC Web site 

at: http://energy.gov/oe/services/ 

electricity-advisory-committee-eac. 

Public Participation: The EAC 

welcomes the attendance of the public 

at its meetings. Individuals who wish to 

offer public comments at the EAC 

meeting may do so on Thursday, March 

7, 2013, but must register at the 

registration table in advance. 

Approximately 15 minutes will be 

reserved for public comments. Time 

allotted per speaker will depend on the 

number who wish to speak but is not 

expected to exceed three minutes. 

Anyone who is not able to attend the 

meeting, or for whom the allotted public 

comments time is insufficient to address 

pertinent issues with the EAC, is invited 

to send a written statement to Mr. 

Matthew Rosenbaum. You may submit 

comments, identified by ‘‘Electricity 

Advisory Committee Open Meeting’’, by 

any of the following methods: 

• Mail/Hand Delivery/Courier: 

Matthew Rosenbaum, Office of 

Electricity Delivery and Energy 

Reliability, U.S. Department of Energy, 

Forrestal Building, Room 8G–017, 1000 

Independence Avenue SW., 

Washington, DC 20585. 

• Email: 

matthew.rosenbaum@hq.doe.gov. 

Include ‘‘Electricity Advisory 

Committee Open Meeting’’ in the 

subject line of the message. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Instructions: All submissions received 

must include the agency name and 

identifier. All comments received will 

be posted without change to http:// 

energy.gov/oe/services/electricityadvisory-committee-eac, including any 

personal information provided. 

• Docket: For access to the docket, to 

read background documents or 

comments received, go to http:// 

energy.gov/oe/services/electricityadvisory-committee-eac. 

The following electronic file formats are 

acceptable: Microsoft Word (.doc), Corel 

Word Perfect (.wpd), Adobe Acrobat 

(.pdf), Rich Text Format (.rtf), plain text 

(.txt), Microsoft Excel (.xls), and 

Microsoft PowerPoint (.ppt). If you 

submit information that you believe to 

be exempt by law from public 

disclosure, you must submit one 

complete copy, as well as one copy from 

which the information claimed to be 

exempt by law from public disclosure 

has been deleted. You must also explain 

the reasons why you believe the deleted 

information is exempt from disclosure. 

DOE is responsible for the final 

determination concerning disclosure or 

nondisclosure of the information and for 

treating it in accordance with the DOE’s 

Freedom of Information regulations (10 

CFR 1004.11). 

Note: Delivery of the U.S. Postal Service 

mail to DOE may be delayed by several 

weeks due to security screening. DOE, 

therefore, encourages those wishing to 

comment to submit comments electronically 

by email. If comments are submitted by 

regular mail, the Department requests that 

they be accompanied by a CD or diskette 

containing electronic files of the submission. 

Minutes: The minutes of the EAC 

meeting will be posted on the EAC Web 

page at http://energy.gov/oe/services/ 

electricity-advisory-committee-eac. 

They can also be obtained by contacting 

Mr. Matthew Rosenbaum at the address 

above. 

Issued in Washington, DC, on February 1, 

2013. 

LaTanya R. Butler, 

Deputy Committee Management Officer. 

[FR Doc. 2013–02764 Filed 2–6–13; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. DW–010] 

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. 

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 March 11, 2013. 

ADDRESSES: You may submit comments, 

identified by case number DW–010, 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–010’’ 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–010, 

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 

mstockstill on DSK4VPTVN1PROD with NOTICES

9040 Federal Register / Vol. 78, No. 26 / Thursday, February 7, 2013 / Notices 

1For editorial reasons, upon codification in the 

U.S. Code, Part B was re-designated Part A. 

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. 

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 January 21, 2013, BSH submitted 

the 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 petition is 

identical to petitions submitted by BSH 

on February 4, 2011, December 7, 2011 

and March 27, 2012. 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), and the November 30th 

petition on December 31, 2012 (77 FR 

77064). 

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. 

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 to 

estimate the water and energy 

consumption resulting from water 

softener regeneration. 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.’’ 

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Federal Register / Vol. 78, No. 26 / Thursday, February 7, 2013 / Notices 9041 

The interim waiver applies to the 

following basic model groups: 

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 

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 the relevant test 

procedures, set forth 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: 

§ 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. 

Please note that on October 31, 2012, 

DOE published a test procedure final 

rule (77 FR 65941) to include measures 

of energy and water consumption due to 

periodic water softener regeneration. 

The rule is effective on December 17, 

2012 and requires compliance on or 

after May 13, 2013. Products tested on 

or after May 13, 2013, must be tested 

with the new DOE test procedure. 

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, in which the reported energy 

and water consumption would include 

an estimate of the energy and water 

consumption of dishwashers with water 

softeners during softener regeneration. 

DOE solicits comments from 

interested parties on all aspects of the 

petition. 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 February 1, 

2013. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

January 21, 2013 

Dr. David T. Danielson 

Assistant Secretary, Energy Efficiency & 

Renewable Energy 

U.S. Department of Energy 

Mail Station EE–1 

1000 Independence Avenue SW., 

Washington, DC 20585 

David.Danielson@ee.doe.gov 

Via email (David.Danielson@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 Danielson: 

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. 

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 similar to several 

previously approved waivers (such as Waiver 

Case Number DW–005). 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 

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9042 Federal Register / Vol. 78, No. 26 / Thursday, February 7, 2013 / Notices 

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—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 

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 approximately 9 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 ‘‘3’’. 

• Based on a BSH Dishwasher internal 

water softening system setting of ‘‘3’’ and the 

dishwasher using 9 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 approximately 5.0 per regeneration 

cycle. 

• Water usage calculation based on above 

data. 

Æ 36 × 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 × T × K 

Æ V = Weighted Average Water Usage per 

DOE 

Æ T = Nominal water heater temperature 

rise of 39° C 

Æ K = Specific heat of water 0.00115 

• Calculated Energy use—180 × 39 × 

.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. 

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. 

• 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, Teka USA, Inc., 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. 

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 

Phone (252) 672–9161 

Fax (949) 809 6177 

[FR Doc. 2013–02751 Filed 2–6–13; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

Request for Information (RFI) for 

Commercial Building Energy Asset 

Score 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

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