[Federal Register Volume 78, Number 26 (Thursday, February 7, 2013)]
[Notices]
[Pages 9039-9042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-02751]
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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.
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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 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: [email protected]. 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
[[Page 9040]]
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: [email protected]
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:
[email protected].
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. 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.''
[[Page 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:
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.
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
[email protected]
Via email ([email protected]) 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
[[Page 9042]]
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.
[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.
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
[email protected]
Phone (252) 672-9161
Fax (949) 809 6177
[FR Doc. 2013-02751 Filed 2-6-13; 8:45 am]
BILLING CODE 6450-01-P