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[Federal Register Volume 77, Number 63 (Monday, April 2, 2012)]
[Notices]
[Pages 19650-19654]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-7811]

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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. DW-007]

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 May 2, 2012.

ADDRESSES: You may submit comments, identified by case number DW-007, 
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-007'' 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-007, 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 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 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

[[Page 19651]]

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 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 December 7, 2011, BSH submitted the instant petition for 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 
one submitted by BSH on February 4, 2011. The February 4 petition was 
granted on June 29, 2011 (76 FR 38144). 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 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 EN50242. EN 
50242 does not include the water or energy used in the water softening 
process in the dishwasher energy consumption calculation.
    BSH also requested 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 has 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, 
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 
requests that constant values of 47.6 gallons per year for water 
consumption and 8.0 kWh per year for energy consumption be used.
    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--SHE7ER5UC
     SHE7ER5UC
     SHV7ER5UC
     SHX7ER5UC
     SGE63E1UC
     SHE9ER5UC
     SHV9ER5UC
     SHX9ER5UC
     SHE8ER5UC
     SHX8ER5UC
 Basic Model--SPE5ES5UC
     SPE5ES5UC
     SPV5ES5UC
     SPX5ES5

Thermador brand:

 Basic Model--DWHD650G DWHD650G DWHD651GFP
 Basic Model--DWHD640J DWHD640J Basic Model--DWHD651J DWHD650J DWHD651J

    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

[[Page 19652]]

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 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 March 27, 2012.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.
December 07, 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 email (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 
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 
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 Waiver case No. DW-
005 is as follows:
Bosch brand:
 Basic Model--SHE7ER5UC
     SHE7ER5UC
     SHV7ER5UC
     SHX7ER5UC
     SGE63E1UC
     SHE9ER5UC
     SHV9ER5UC
     SHX9ER5UC
     SHE8ER5UC
     SHX8ER5UC
 Basic Model--SPE5ES5UC
     SPE5ES5UC
     SPV5ES5UC
     SPX5ES5UC
Thermador brand:
 Basic Model--DWHD650G DWHD650G

[[Page 19653]]

     DWHD651GFP
 Basic Model--DWHD640J DWHD640J Basic Model--DWHD651J DWHD650J DWHD651J

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, 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, 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 and Waiver has 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.

[[Page 19654]]

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. 2012-7811 Filed 3-30-12; 8:45 am]
BILLING CODE 6450-01-P
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