[Federal Register Volume 81, Number 232 (Friday, December 2, 2016)]
[Notices]
[Pages 87027-87030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28984]
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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. DW-012]
Notice of Petition for Waiver of Miele Incorporated From the
Department of Energy Dishwashers Test Procedures and Grant of Interim
Waiver
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of petition for waiver and grant of interim waiver, and
request for public comment.
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SUMMARY: This notice announces receipt of and publishes a petition for
waiver from Miele Incorporated (Miele) seeking an exemption from
specified portions of the U.S. Department of Energy (DOE) test
procedure for determining the energy consumption of dishwashers that
operate at 208 volts under Title 10 of the Code of Federal Regulations
(CFR) part 430, subpart B, appendix C1. Section 2.2 of appendix C1 has
provisions for testing at 115 and 240 volts only. Consequently, Miele
submitted to DOE an alternate test procedure that allows for testing of
one specified basic model at 208 volts. This notice also announces that
DOE has granted Miele an interim waiver from the DOE dishwasher test
procedure for the specified dishwasher basic model, subject to use of
the alternative test procedure as set forth in this notice. DOE
solicits comments, data, and information concerning Miele's petition
and its suggested alternate test procedure.
DATES: DOE will accept comments, data, and information with regard to
the Miele petition until January 3, 2017.
ADDRESSES: You may submit comments, identified by Case Number DW-012,
by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Email: [email protected] Include the case
number [Case No. DW-012] in the subject line of the message. Submit
electronic comments in WordPerfect, Microsoft
[[Page 87028]]
Word, PDF, or ASCII file format, and avoid the use of special
characters or any form of encryption.
Postal Mail: Mr. Bryan Berringer, U.S. Department of
Energy, Building Technologies Office, Mailstop EE-5B, Petition for
Waiver Case No. DW-012, 1000 Independence Avenue SW., Washington, DC
20585-0121. Telephone: (202) 586-0371. If possible, please submit all
items on a compact disc (CD), in which case it is not necessary to
include printed copies.
Hand Delivery/Courier: Appliance and Equipment Standards
Program, U.S. Department of Energy, Building Technologies Office, 950
L'Enfant Plaza SW., 6th Floor, Washington, DC 20024. Telephone: (202)
586-6636. If possible, please submit all items on a CD, in which case
it is not necessary to include printed copies.
Docket: The docket, which includes Federal Register notices,
comments, and other supporting documents/materials, is available for
review at www.regulations.gov. All documents in the docket are listed
in the www.regulations.gov index. However, some documents listed in the
index, such as those containing information that is exempt from public
disclosure, may not be publicly available.
FOR FURTHER INFORMATION CONTACT:
Mr. Bryan Berringer, U.S. Department of Energy, Building
Technologies Office, Mailstop EE-5B, 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, GC-33, 1000 Independence Avenue SW., Washington, DC
20585-0121. Telephone: (202) 586-7796. Email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background and Authority
Title III, Part B \1\ 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 that includes the dishwashers that are the
focus of this notice.\2\ 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 during a
representative average-use cycle, and that are not unduly burdensome to
conduct. (42 U.S.C. 6293(b)(3)) The test procedure for dishwashers is
contained in Title 10 of the CFR part 430, subpart B, appendix C1,
Uniform Test Method for Measuring the Energy Consumption of
Dishwashers.
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\1\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated as Part A.
\2\ All references to EPCA in this document refer to the statute
as amended through the Energy Efficiency Improvement Act of 2015
(EEIA), Public Law 114-11 (April 30, 2015).
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DOE's regulations set forth at 10 CFR 430.27 contain provisions
that allow a person to seek a waiver from the test procedure
requirements for a particular basic model of a type of covered consumer
product 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)
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(a)(1).
A petitioner must include in its petition any alternate test procedures
known to the petitioner to evaluate the basic model in a manner
representative of its energy consumption. 10 CFR 430.27(b)(1)(iii).
DOE may grant a waiver subject to conditions, including adherence
to alternate test procedures. 10 CFR 430.27(f)(2). As soon as
practicable after the granting of any waiver, DOE will publish in the
Federal Register a notice of proposed rulemaking to amend its
regulations so as to eliminate any need for the continuation of such
waiver. As soon thereafter as practicable, DOE will publish in the
Federal Register a final rule. 10 CFR 430.27(l).
The waiver process also allows DOE to grant an interim waiver if it
appears likely that the petition for waiver will be granted and/or if
DOE 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(e)(2). Within one year of issuance of an interim
waiver, DOE will either: (i) Publish in the Federal Register a
determination on the petition for waiver; or (ii) publish in the
Federal Register a new or amended test procedure that addresses the
issues presented in the waiver. 10 CFR 430.27(h)(1). When DOE amends
the test procedure to address the issues presented in a waiver, the
waiver will automatically terminate on the date on which use of that
test procedure is required to demonstrate compliance. 10 CFR
430.27(h)(2).
II. Petition for Waiver of Test Procedure and Application for Interim
Waiver
On July 13, 2016, Miele filed a petition for waiver and application
for interim waiver from the test procedure applicable to dishwashers
set forth in 10 CFR part 430, subpart B, appendix C1. Miele has
designed a dishwasher that runs on an electrical supply voltage of 208
volts. The existing test procedure under section 2.2 of 10 CFR part
430, subpart B, appendix C1 has provisions for testing at 115 and 240
volts only. In its petition for waiver, Miele submitted to DOE an
alternate test procedure that allows for testing of one specified basic
model at 208 volts.
DOE granted a petition for waiver submitted for the previous design
generation of Miele dishwasher rated for 208 volts (Case No. DW-006) on
December 27, 2011 as 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 the petition. 76 FR 80920.
As previously noted, an interim waiver may be granted if it appears
likely that the petition for waiver will be granted, and/or if DOE
determines that it would be desirable for public policy reasons to
grant immediate relief pending a determination of the petition for
waiver. See 10 CFR 430.27(e)(2).
DOE understands that absent an interim waiver, the basic model
identified by Miele in its petition cannot be tested and rated for
energy consumption on a basis representative of their true energy
consumption characteristics. DOE has reviewed the alternate procedure
suggested by Miele and concludes that it will allow for the accurate
measurement of the energy use of these products, while alleviating the
testing problems associated with Miele's implementation of dishwasher
testing. Consequently, DOE has determined that Miele's petition for
waiver will likely be granted and has decided that it is desirable for
public policy reasons to grant Miele immediate relief pending a
determination on the petition for waiver. Miele requests to use an
alternate test procedure that would follow the test procedure for
dishwashers prescribed by DOE at 10 CFR part 430, subpart B, appendix
C1 with a modification of section 2.2 for dishwashers that operate with
an electrical supply of 208 volts.
[[Page 87029]]
III. Summary of Grant of Interim Waiver
For the reasons stated above, DOE has granted Miele's application
for interim waiver from testing for its specified dishwasher basic
model. The substance of the interim waiver is summarized below.
Miele is required to test and rate Miele dishwasher basic model
PG8056-208V according to the alternate test procedure as set forth in
section IV, ``Alternate Test Procedure.''
Miele is permitted to make representations about the energy use of
this basic model for compliance, marketing, or other purposes only to
the extent that such products have been tested in accordance with the
provisions set forth in the alternate test procedure and such
representations fairly disclose the results of such testing in
accordance with 10 CFR 429.19.
DOE makes decisions on waivers and interim waivers for only those
basic models specifically set out in the petition, not future models
that may be manufactured by the petitioner. Miele may request that DOE
extend the scope of a waiver or an interim waiver to include additional
basic models employing the same technology as the basic model(s) set
forth in the original petition consistent with 10 CFR 430.27(g). In
addition, DOE notes that granting of an interim waiver or waiver does
not release a petitioner from the certification requirements set forth
at 10 CFR part 429. See also 10 CFR 430.27(a) and (i).
The interim waiver shall remain in effect consistent with 10 CFR
430.27(h). Furthermore, this interim waiver is conditioned upon the
presumed validity of statements, representations, and documents
provided by the petitioner. DOE may rescind or modify a waiver or
interim waiver at any time upon a determination that the factual basis
underlying the petition for waiver or interim waiver is incorrect, or
upon a determination that the results from the alternate test procedure
are unrepresentative of the basic model's true energy consumption
characteristics. See 10 CFR 430.27(k).
IV. Alternate Test Procedure
EPCA requires that manufacturers use DOE test procedures when
making representations about the energy consumption and energy
consumption costs of products and equipment covered by the statute. (42
U.S.C. 6293(c); 6314(d)) Consistent representations about the energy
efficiency of covered products and equipment are important for
consumers evaluating products when making purchasing decisions and for
manufacturers 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, and after considering public comments on the petition, DOE will
announce its decision as to an alternate test procedure for Miele in a
subsequent Decision and Order.
During the period of the interim waiver granted in this notice,
Miele shall test the basic model listed in section III according to the
test procedure for dishwashers prescribed by DOE at 10 CFR part 430,
subpart B, appendix C1, except that Miele must use section 2.2 of
appendix C1 with the modification set forth below:
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. Maintain a continuous electrical supply
to the unit throughout testing, including the preconditioning cycles,
specified in section 2.9 of this appendix, and in between all test
cycles.
V. Summary and Request for Comments
Through this notice, DOE announces receipt of Miele's petition for
waiver from the DOE test procedure for certain basic models of Miele
dishwasher, and announces DOE's decision to grant Miele an interim
waiver from the test procedure for its dishwasher. DOE is publishing
Miele's petition for waiver in its entirety, pursuant to 10 CFR
430.27(b)(1)(iv). The petition contains no confidential information.
The petition includes a suggested alternate test procedure to determine
the energy consumption of its dishwasher. DOE will consider public
comments on the petition in issuing its Decision and Order.
DOE solicits comments from interested parties on all aspects of the
petition, including the suggested alternate test procedure and
calculation methodology. Pursuant to 10 CFR 430.27(d), 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 Steve Polinski, Senior Manager Regulatory Affairs, Miele
Incorporated, 9 Independence Way, Princeton, New Jersey 08540. All
comment submissions must include the agency name and Case Number DW-012
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).
Pursuant to 10 CFR 1004.11, any person submitting information that
he or she believes to be confidential and exempt by law from public
disclosure should submit two copies to DOE: One copy of the document
marked ``confidential'' with all of the information believed to be
confidential included, and one copy of the document marked ``non-
confidential'' with all of the information believed to be confidential
deleted. DOE will make its own determination about the confidential
status of the information and treat it according to its determination.
Issued in Washington, DC, on November 22, 2016.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
Miele
July 13, 2016
Via Email:
[email protected]
Assistant Secretary for Conservation and Renewable Energy
U.S. Department of Energy Building Technologies Program, Test
Procedure Waiver
1000 Independence Avenue SW.
Washington, DC 20585
[email protected]
Re: Application for Interim Waiver and Petition for Waiver, 10 C.F.R.
430 Subpart B, Appendix C1--Uniform Test Method For Measuring Energy
Consumption of Dishwashers
Miele Inc. is submitting this Application for Interim Waiver and
Petition for Waiver of the Department of Energy's test procedure
pursuant to 10 CFR 430.27, to the Department of Energy concerning
the test procedure found in 10 CFR 430, Subpart B, Appendix C1 for
measuring energy consumption of dishwashers specifically the Miele
PG8056-208V.
The request for this waiver is focused on the testing voltages
specified in the existing test procedure found in Section 2.2.
2.2.1 Dishwashers that operate with an electrical supply of 115
volts. Maintain the electrical supply to the dishwasher at 115 Volts
2 percent and within 1 percent of the nameplate
frequency as specified by the manufacturer.
2.2.2 Dishwashers that operate with an electrical supply of 240
Volts. Maintain the electrical supply to the dishwasher at 240 volts
2 percent and within 1 percent of its nameplate
frequency as specified by the manufacturer.
[[Page 87030]]
Currently there is no provision to test dishwashers using 208
Volts. There are many instances where only 208 Volts are provided to
the consumer. Dishwashers rated at 240 Volts would not allow the
proper operation of a dishwasher when connected to a 208 Volt
supply. To achieve the data plate rating, appropriate voltage
components are used in the design of the 208 Volt dishwashers.
The proposed test procedure would allow for a variation in
electrical supply voltage to 208 Volts based on the electrical
safety test data plate rating. In the case of the PG8056-208V, a
rating of 208 Volts 2 percent and within 1 percent of
its nameplate frequency as specified by the manufacturer would be
used to perform the energy test.
Miele requests immediate relief by grant of the proposed interim
waiver, justified by the following reasons:
Economic Hardship. Since the Miele PG8056-208V dishwasher is
intended to be sold in applications where 240 volts power supply is
not available to the consumer, denial of this Application for
Interim Waiver and Petition for Waiver would eliminate the
possibility of high performance dishwasher sales where a compatible
voltage is not present. This will also greatly affect sales of all
other Miele product categories where consumers most frequently
choose one brand of appliance for their home.
Acceptance of Predicate Model A Petition for Waiver submitted
for the previous design generation of Miele dishwasher rated for 208
volts, (Case No. DW-006) was granted by the DOE on December 27, 2011
as 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 the petition.
Public Policy Merits. The public policy benefits of encouraging
business success and fostering innovation in high performance
dishwasher design are additional reasons for prompt approval of the
requested interim waiver.
We hereby certify that all dishwasher manufacturers of
domestically-marketed units known to Miele Inc. have been notified
by letter of this application, copies of which are attached.
Thank you for your timely attention to this Application for
Interim Waiver and Petition for Waiver.
Best regards,
Steve Polinski
Senior Manager Regulatory Affairs
Miele Incorporated
9 Independence Way
Princeton, New Jersey 08540
[email protected]
Phone: 609 419 9898
[email protected];
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected];
[email protected]
[email protected]
[email protected]
[FR Doc. 2016-28984 Filed 12-1-16; 8:45 am]
BILLING CODE 6450-01-P