[Federal Register Volume 78, Number 57 (Monday, March 25, 2013)]
[Notices]
[Pages 17925-17926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-06743]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. DW-010]
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-010) 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 March 25, 2013 through May
29, 2013.
FOR FURTHER INFORMATION CONTACT: Mr. Bryan Berringer, U.S. Department
of Energy, Building Technologies Office, 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: 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.
Issued in Washington, DC, on March 19, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
Decision and Order
In the Matter of: BSH Corporation (Case No. DW-010).
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.
---------------------------------------------------------------------------
\1\ For editorial reasons, on codification in the U.S. Code,
Part B was re-designated Part A.
---------------------------------------------------------------------------
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.
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 January 21, 2013, BSH submitted the instant petition for waiver
and interim waiver from the test procedure applicable to dishwashers
set forth in 10 CFR part 430, subpart B, appendix C. BSH's petition was
published in the Federal Register on February 7, 2013. 78 FR 9039. DOE
received no comments on the petition. In every respect except the
introduction of a new model number, the instant petition is identical
to petitions submitted by BSH on February 4, 2011, December 7, 2011,
March 27, 2012, and November 30, 2012 (DW-005, DW-007, DW-008, and DW-
009 respectively) with the exception of the model numbers. 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). Elsewhere in today's Federal Register, DOE
published a
[[Page 17926]]
decision and order granting the November 30th petition.
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 the water and energy use of the
specified dishwasher models using the same method as that used by
Whirlpool in its petition for waiver, which was granted previously by
DOE. (75 FR 62127, Oct. 7, 2010). Specifically, BSH requested that
constant values of 47.6 gallons per year for water consumption and 8.0
kWh per year for energy consumption be used.
DOE notes that use of industry standard European Standard EN 50242,
``Electric Dishwashers for Household Use--Methods for Measuring the
Performance'' would provide repeatable results, but would underestimate
the energy and water use of the specified 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. In lieu of these calculations, constant values
could also be used to approximate the energy and water use due to
softener regeneration. As noted above, BSH provided data on the
constant values that should be added to approximate the energy and
water use of the basic models listed in its petition that have an
integrated water softener.
Because of the variability in test results described by BSH in its
petition, DOE has determined that testing the basic models for which
BSH has requested a waiver according to the DOE test procedure at
appendix C may evaluate the basic models in a manner so
unrepresentative of their true energy and water consumption so as to
provide materially inaccurate comparative data. As a result, and as
described in Section III, DOE grants BSH's waiver subject to use of the
alternate test procedure prescribed by DOE.
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.
III. Conclusion
After careful consideration of all the material that was submitted
by BSH and consultation with the FTC staff, it is ordered that:
(1) The petition for waiver submitted by the BSH Corporation (Case
No. DW-010) is hereby granted as set forth in the paragraphs below.
(2) BSH shall be required to test and rate the following models
according to the alternate test procedure as set forth in paragraph (3)
below:
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
(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:
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.
(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). The dishwasher test procedure final
rule, issued on September 14, 2012 and available at http://www1.eere.energy.gov/buildings/appliance_standards/pdfs/aham-1_tp_final_rule.pdf, includes procedures to measure the energy and water
use of integrated or built-in water softeners. The compliance date for
these procedures is May 30, 2013. Therefore, this Decision and Order is
valid through May 29, 2013. Beginning on May 30, 2013, all
manufacturers must use the amended test procedures to determine the
energy and water use associated with water softener regeneration.
(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 March 19, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
[FR Doc. 2013-06743 Filed 3-22-13; 8:45 am]
BILLING CODE 6450-01-P