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[Federal Register Volume 76, Number 248 (Tuesday, December 27, 2011)]
[Notices]
[Pages 80920-80921]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-33171]

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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. DW-006]

Decision and Order Granting a Waiver to Miele, Inc. From the U.S. 
Department of Energy Residential Dishwasher Test Procedure

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Decision and order.

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SUMMARY: The U.S. Department of Energy (DOE) gives notice of the 
decision and order (Case No. DW-006) that grants to Miele, Inc. (Miele) 
a waiver from the DOE dishwasher test procedure for certain basic 
models that run on a 208 volt electrical supply. Under today's decision 
and order, Miele shall be required to test and rate these dishwashers 
using an alternate test procedure that takes this supply voltage into 
account when measuring energy and water consumption.

DATES: This Decision and Order is effective December 27, 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. Email: 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. Email: 
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 Miele 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 a 208 volt supply voltage, provided 
that Miele tests and rates such products using the alternate test 
procedure described in this notice.

[[Page 80921]]

    Today's decision prohibits Miele 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 December 20, 2011.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

Decision and Order

    In the Matter of: Miele, Inc. (Case No. DW-006).

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 the residential dishwashers that are the focus of this 
notice.\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 
residential 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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    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. Miele's Petition for Waiver: Assertions and Determinations

    On July 19, 2011, Miele submitted the instant petition for waiver 
and application for interim waiver (petition) from the test procedure 
applicable to residential dishwashers set forth in 10 CFR part 430, 
subpart B, appendix C. Miele requested a waiver to test the specified 
basic model of residential dishwasher that runs on an electrical supply 
voltage of 208 volts. The existing test procedure under Title 10 of the 
Code of Federal Regulations 430.23(c) provides for testing at 115 and 
240 volts only. The electrical supply voltage of 208 volts prevents 
testing these dishwashers according to the DOE test procedure. The only 
modification needed to the test procedure is to provide for testing 
with a 208 volt electrical supply. DOE received no comments on the 
Miele petition.

III. Consultations With Other Agencies

    DOE consulted with the Federal Trade Commission (FTC) staff 
concerning the Miele petition for waiver. The FTC staff did not have 
any objections to granting a waiver to Miele.

IV. Conclusion

    After careful consideration of the material that was submitted by 
Miele and consultation with the FTC staff, it is ordered that:
    (1) The petition for waiver submitted by Miele, Inc. (Case No. DW-
006) is hereby granted as set forth in the paragraphs below.
    (2) Miele shall be required to test and rate its dishwasher model 
G7856-208V according to the existing DOE test procedure at 10 CFR 430, 
subpart B, appendix C, with the modification set forth below:
    Under appendix C, add the following section 2.2.3:
    2.2.3 Dishwashers that operate with an electrical supply of 208 
volts. Maintain the electrical supply to the dishwasher at 208 volts 
2 percent and within 1 percent of its nameplate frequency 
as specified by the manufacturer.
    (3) Representations. Miele may make representations about the 
energy use of its dishwasher products 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.
    (4) This waiver shall remain in effect consistent with the 
provisions of 10 CFR 430.27(m).
    (5) 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.
    (6) This waiver applies only to the basic model set out in Miele's 
July 19, 2011 petition for waiver. Grant of this waiver does not 
release a petitioner from the certification requirements set forth at 
10 CFR part 429.

    Issued in Washington, DC, on December 20, 2011.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.
[FR Doc. 2011-33171 Filed 12-23-11; 8:45 am]
BILLING CODE 6450-01-P
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