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published in the Federal Register, in Washington, DC 20585–0121. procedure for is contained text or Adobe Portable Document Telephone: (202) 586–2945. Please in 10 CFR part 430, subpart B, appendix Format (PDF). To use PDF you must submit one signed original paper copy. C. have Adobe Acrobat Reader, which is • Hand Delivery/Courier: Ms. Brenda The regulations set forth in 10 CFR available free at the site. Edwards, U.S. Department of Energy, 430.27 contain provisions that enable a You may also access documents of the Building Technologies Program, 950 person to seek a waiver from the test Department published in the Federal L’Enfant Plaza SW., Suite 600, procedure requirements for covered Register by using the article search Washington, DC 20024. Please submit consumer products. A waiver will be feature at: www.federalregister.gov. one signed original paper copy. granted by the Assistant Secretary for Specifically, through the advanced Docket: For access to the docket to Energy Efficiency and Renewable search feature at this site, you can limit review the background documents Energy (the Assistant Secretary) if it is your search to documents published by relevant to this matter, you may visit the determined that the basic model for the Department. U.S. Department of Energy, 950 L’Enfant which the petition for waiver was submitted contains one or more design Dated: December 26, 2012. Plaza SW., Washington, DC, 20024; characteristics that prevents testing of Michael Yudin, (202) 586–2945, between 9:00 a.m. and 4:00 p.m., Monday through Friday, the basic model according to the Acting Assistant Secretary for Special prescribed test procedures, or if the Education and Rehabilitative Services. except Federal holidays. Available documents include the following items: prescribed test procedures may evaluate [FR Doc. 2012–31435 Filed 12–28–12; 8:45 am] (1) This notice; (2) public comments the basic model in a manner so BILLING CODE 4000–01–P received; (3) the petition for waiver and unrepresentative of its true energy application for interim waiver; and (4) consumption characteristics as to prior DOE waivers and rulemakings provide materially inaccurate DEPARTMENT OF ENERGY regarding similar products. comparative data. 10 CFR 430.27(l). Please call Ms. Brenda Edwards at the Petitioners must include in their Office of Energy Efficiency and petition any alternate test procedures Renewable Energy above telephone number for additional information. known to the petitioner to evaluate the basic model in a manner representative [Case No. DW–009] FOR FURTHER INFORMATION CONTACT: Mr. of its energy consumption. The Notice of Petition for Waiver of BSH Bryan Berringer, U.S. Department of Assistant Secretary may grant the Corporation From the Department of Energy, Building Technologies Program, waiver subject to conditions, including Energy Residential Dishwasher Test Mail Stop EE–2J, Forrestal Building, adherence to alternate test procedures. Procedure, and Grant of Interim Waiver 1000 Independence Avenue SW., 10 CFR 430.27(l). Waivers remain in Washington, DC 20585–0121. effect pursuant to the provisions of 10 AGENCY: Office of Energy Efficiency and Telephone: (202) 586–0371. Email: CFR 430.27(m). Renewable Energy, Department of [email protected]. The waiver process also allows the Energy. Ms. Elizabeth Kohl, U.S. Department Assistant Secretary to grant an interim ACTION: Notice of petition for waiver, of Energy, Office of the General Counsel, waiver from test procedure notice of grant of interim waiver, and Mail Stop GC–71, Forrestal Building, requirements to manufacturers that have request for comments. 1000 Independence Avenue SW, petitioned DOE for a waiver of such Washington, DC 20585–0103. prescribed test procedures. 10 CFR SUMMARY: This notice announces receipt Telephone: (202) 586–7796. Email: 430.27(a)(2) An interim waiver must be of and publishes the BSH Corporation [email protected]. granted if it is determined that the (BSH) petition for waiver from specified SUPPLEMENTARY INFORMATION: applicant will experience economic portions of the U.S. Department of hardship if the application for interim Energy (DOE) test procedure for I. Background and Authority waiver is denied, if it appears likely that determining the energy consumption of Title III, Part B of the Energy Policy the petition for waiver will be granted, dishwashers. Today’s notice also grants and Conservation Act of 1975 (EPCA), and/or the Assistant Secretary an interim waiver of the dishwasher test Public Law 94–163 (42 U.S.C. 6291– determines that it would be desirable for procedure. Through this notice, DOE 6309, as codified) established the public policy reasons to grant also solicits comments with respect to Energy Conservation Program for immediate relief pending a the BSH petition. Consumer Products Other Than determination of the petition for waiver. DATES: DOE will accept comments, data, Automobiles, a program covering most (10 CFR 430.27(g)) An interim waiver and information with respect to the BSH major household appliances, which remains in effect for 180 days or until petition until January 30, 2013. includes dishwashers.1 Part B includes DOE issues its determination on the ADDRESSES: You may submit comments, definitions, test procedures, labeling petition for waiver, whichever is sooner. identified by case number DW–009, by provisions, energy conservation DOE may extend an interim waiver for any of the following methods: standards, and the authority to require an additional 180 days. 10 CFR • Federal eRulemaking Portal: http:// information and reports from 430.27(h) www.regulations.gov. Follow the manufacturers. Further, Part B II. Application for Interim Waiver and instructions for submitting comments. authorizes the Secretary of Energy to • Petition for Waiver Email: prescribe test procedures that are _ _ AS Waiver [email protected]. reasonably designed to produce results On November 30, 2012, BSH Include ‘‘Case No. DW–009’’ in the which measure energy efficiency, submitted the petition for waiver and subject line of the message. energy use, or estimated operating costs, interim waiver from the test procedure • Mail: Ms. Brenda Edwards, U.S. and that are not unduly burdensome to applicable to dishwashers set forth in 10 Department of Energy, Building conduct. (42 U.S.C. 6293(b)(3)) The test CFR part 430, subpart B, appendix C. In Technologies Program, Mailstop EE–2J, every respect except the introduction of Petition for Waiver Case No. DW–009, 1 For editorial reasons, upon codification in the new model numbers, the petition is 1000 Independence Avenue SW., U.S. Code, Part B was re-designated Part A. identical to petitions submitted by BSH

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on February 4, 2011, December 7, 2011 energy efficiency of similar products test procedure for BSH in a subsequent and March 27, 2012. DOE granted the should be tested and rated in the same Decision and Order. February 4th petition on June 29, 2011 manner. As a result, DOE grants BSH’s During the period of the interim (76 FR 38144), and the December 7th application for interim waiver for the waiver granted in this notice, BSH shall and March 27th petitions on October 1, basic models of dishwashers specified test its dishwasher basic models 2012 (77 FR 59916 and 77 FR 59918, in its petition for waiver, pursuant to 10 according to the existing DOE test respectively). CFR 430.27(g). Therefore, it is ordered procedure at 10 CFR 430, subpart B, BSH states that ‘‘hard’’ water can that: appendix C with the modification set reduce customer satisfaction with The application for interim waiver forth below. dishwasher performance resulting in filed by BSH is hereby granted for the Under appendix C, the water energy increased pre-rinsing and/or hand specified BSH dishwasher basic models, consumption, W or Wg, is calculated washing as well as increased detergent subject to the specifications and based on the water consumption as set and rinse agent usage. According to conditions below. forth in Sect. 4.3: BSH, a dishwasher equipped with a BSH shall be required to test and rate § 4.3 Water consumption. Measure water softener will minimize pre-rinsing the specified dishwasher products the water consumption, V, expressed as and rewashing, and consumers will according to the alternate test procedure the number of gallons of water delivered have less reason to periodically run as set forth in section III, ‘‘Alternate Test to the machine during the entire test their dishwasher through a clean-up Procedure.’’ cycle, using a water meter as specified cycle. BSH also states that the amount The interim waiver applies to the in section 3.3 of this Appendix. of water consumed by the regeneration following basic model groups: Where the regeneration of the water operation of a water softener in a softener depends on demand and water dishwasher is very small, but that it Bosch Brand hardness, and does not take place on varies significantly depending on the • Basic Model—SHX7PT#### every cycle, BSH shall measure the adjustment of the softener. The • Basic Model—SHP7PT#### water consumption of dishwashers regeneration operation takes place • Basic Model—SHE7PT#### having water softeners without infrequently, and the frequency is • Basic Model—SHV7PT#### including the water consumed by the related to the level of water hardness. • Basic Model—SHX8PT#### dishwasher during softener In its petition, BSH requests that • Basic Model—SHE8PT#### regeneration. If a regeneration operation constant values of 47.6 gallons per year • Basic Model—SHE9PT#### takes place within the test, the water for water consumption and 8.0 kWh per • Basic Model—SHX9PT#### consumed by the regeneration operation year for energy consumption be used to • Basic Model—SHV9PT#### shall be disregarded when declaring • estimate the water and energy Basic Model—SGV63E#### water and energy consumption. consumption resulting from water Gaggenau Brand Constant values of 47.6 gallons/year of softener regeneration. BSH included • water and 8 kWh/year of energy shall be calculations showing this water and Basic Model—DF2417#### added to the values measured by energy use, which was derived using the DOE makes decisions on waivers and appendix C. same method as that used by Whirlpool interim waivers for only those models Please note that on October 31, 2012, in its petition for waiver, which was specifically set out in the petition, not DOE published a test procedure final granted by DOE. (75 FR 62127, Oct. 7, future models that may be manufactured rule (77 FR 65941) to include measures 2010). by the petitioner. BSH may submit a of energy and water consumption due to DOE has determined that BSH’s subsequent petition for waiver and periodic water softener regeneration. application for interim waiver does not request for grant of interim waiver, as The rule is effective on December 17, provide sufficient market, equipment appropriate, for additional models of 2012 and requires compliance on or price, shipments, and other clothes washers for which it seeks a after May 13, 2013. Products tested on manufacturer impact information to waiver from the DOE test procedure. In or after May 13, 2013, must be tested permit DOE to evaluate the economic addition, DOE notes that grant of an with the new DOE test procedure. hardship BSH might experience absent interim waiver or waiver does not a favorable determination on its release a petitioner from the IV. Summary and Request for application for interim waiver. DOE has certification requirements set forth at 10 Comments also determined, however, that it is CFR part 429. Through today’s notice, DOE likely BSH’s petition will be granted, announces receipt of BSH’s petition for and that it is desirable for public policy III. Alternate Test Procedure waiver from certain parts of the test reasons to grant BSH relief pending a EPCA requires that manufacturers use procedure that apply to dishwashers determination on the petition. Based on DOE test procedures to make and grants an interim waiver. DOE is the information provided by BSH and representations about the energy publishing BSH’s petition for waiver in Whirlpool, use of the DOE test consumption and energy consumption its entirety. The petition contains no procedure may provide materially costs of products covered by the statute. confidential information. The petition inaccurate comparative data. In (42 U.S.C. 6293(c)) Consistent includes a suggested alternate test addition, the constant values submitted representations are important for procedure, in which the reported energy by BSH provide a reasonable estimate of manufacturers to use in making and water consumption would include the energy and water used during water representations about the energy an estimate of the energy and water softener regeneration for the basic efficiency of their products and to consumption of dishwashers with water model set forth in this petition and demonstrate compliance with softeners during softener regeneration. BSH’s previous petition. applicable DOE energy conservation DOE solicits comments from Based on these considerations, and standards. Pursuant to its regulations interested parties on all aspects of the the waivers granted to BSH and applicable to waivers and interim petition. Any person submitting written Whirlpool for similar models, it appears waivers from the relevant test comments to DOE must also send a copy likely that the petition for waiver will be procedures, set forth at 10 CFR 430.27, of such comments to the petitioner. The granted. DOE also believes that the DOE will consider setting an alternate contact information for the petitioner is

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Mike Edwards, Senior Engineer, model according to the prescribed test dishware, resulting in the need to use Performance and Consumption, BSH procedures, or the prescribed test more rinse aid to counterbalance this Home Appliances Corporation (FNbG), procedures may evaluate the basic effect. ‘‘Hard’’ water can reduce 100 Bosch Blvd., Building 102, New model in a manner so unrepresentative customer satisfaction with Dishwasher Bern, NC 28562–6924. All submissions of its true energy consumption performance resulting in increased pre- received must include the agency name characteristics, or water consumption rinsing and/or hand washing as well as and case number for this proceeding. characteristics as to provide materially increased detergent and rinse agent Submit electronic comments in inaccurate comparative data. usage. WordPerfect, Microsoft Word, Portable Additionally, 10 CFR 430.27 (b)(2) The water softening process requires Document Format (PDF), or text allows any applicant of a Petition of water usage for both the regeneration (American Standard Code for Waiver to also request an Interim process and to flush the system. For Information Interchange (ASCII)) file Waiver if it can be demonstrated the purposes of this Waiver request, the format and avoid the use of special likely success of the Petition for Waiver, term ‘‘regeneration’’ will include the characters or any form of encryption. while addressing the economic hardship water and energy used in both the Wherever possible, include the and/or competitive disadvantage that is flushing and regeneration process of the electronic signature of the author. DOE likely to result absent a favorable water softener. The water used in the does not accept telefacsimiles (faxes). determination on the Application for regeneration process is in addition to Issued in Washington, DC, on December Interim Waiver. the water used in the dish washing 21, 2012. This request for Waiver is directed to process. The water used in the Kathleen B. Hogan, Dishwashers containing a built-in or regeneration process does not occur Deputy Assistant Secretary for Energy integrated water softener, specifically with each use of the Dishwasher. The Efficiency, Energy Efficiency and Renewable addressing the energy and water used in frequency of the regeneration process is Energy. the regeneration process of the dependent upon an adjustable water integrated water softener. This request is softener setting that is controlled by the November 30, 2012 similar to several previously approved end user, and based on the home water Dr. David T. Danielson waivers (such as Waiver Case Number hardness. Regeneration frequency will Assistant Secretary, Energy Efficiency & DW–005). Further, the water softening vary greatly depending upon the Renewable Energy technology used in these models is customer setting of the water softener. U.S. Department of Energy identical to the models that were Data from the U.S. Geological Survey Mail Station EE–1 previously approved. shows considerable variation in the 1000 Independence Avenue SW Based on the reasoning indicated water hardness within the U.S. and for Washington, DC 20585 herein, BSH submits that the testing of many locations the use of a water [email protected] Dishwashers equipped with a water softener is not necessary. Water Via email ([email protected]) softener under the current DOE test hardness varies throughout the U.S. and overnight mail procedure may lead to information that with the mean hardness of 217 mg/liter Re: Petition for Waiver and Application could be considered misleading to or 12.6 grains/gallon (based on for Interim Waiver concerning the consumers. information provided by the U.S. measurement of water and energy 1. Identification of Basic Models. Geological Survey located at http:// used in the water softening water.usgs.gov/owq/hardness- The Dishwasher models regeneration process of Dishwasher alkalinity.html). manufactured by BSH which contain an having an Integrated Water Softener integrated water softener and were not Calculations Dear Assistant Secretary Danielson: included in previous Waiver Water Use applications is as follows: BSH Corporation • Based on the DOE Energy Test for (‘‘BSH’’) hereby submits this Petition for Bosch brand: • Basic Model—SHX7PT#### Dishwashers, the BSH Dishwashers Waiver and Application for Interim listed in this waiver with an Waiver pursuant to 10 CFR 430.27, • Basic Model—SHP7PT#### • internal water softener use an concerning the test procedure for Basic Model—SHE7PT#### • average of approximately 9 liters of measuring energy consumption of Basic Model—SHV7PT#### • water per dish cleaning cycle. Dishwashers. Basic Model—SHX8PT#### • • BSH is the manufacturer of household Basic Model—SHE8PT#### Based on an average U.S. water • appliances bearing the brand names of Basic Model—SHE9PT#### hardness of 12.6 grains/gallon, the • Bosch, Thermador, and Gaggenau. Its Basic Model—SHX9PT#### internal BSH Dishwasher water • appliances include dishwashers, Basic Model—SHV9PT#### softener system would be set on • washing machines, clothes dryers, Basic Model—SGV63E#### ‘‘3’’. • -freezers, ovens, and Gaggenau brand: Based on a BSH Dishwasher internal microwave ovens, and are sold • Basic Model—DF2417#### water softening system setting of worldwide, including in the United ‘‘3’’ and the dishwasher using 9 States. BSH’s United States operations 2. Background liters of water per run, the water are headquartered in Irvine, California. The design characteristic that is regeneration process would occur 10 CFR 430.27(a)(1) provides that any unique among the above listed models every 6th cycle. interested person may submit a petition is an integrated water softener. The • When using the Dishwasher 215 times to waive for a particular basic model primary function of a water softener is per year (per DOE test procedure), any requirement of Section 430.23, or of to reduce the high mineral content of the regeneration process would any appendix to this subpart, upon ‘‘hard’’ water. Hard water reduces the occur 35.8 times (36). grounds that the basic model contains effectiveness of detergents leading to • The internal BSH water softening one or more design characteristics additional detergent usage. Hard water system uses approximately 5.0 per which either prevent testing of the basic also causes increased water spots on regeneration cycle.

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• Water usage calculation based on usage would be unrepresentative of the Fax (949) 809–6177 above data. product providing inaccurate data [FR Doc. 2012–31395 Filed 12–28–12; 8:45 am] Æ × 36 5 = 180 liters per year (47.6 resulting in a competitive disadvantage BILLING CODE 6450–01–P gallons) or .84 liters (.22 gallons) to BSH. each time the dishwasher is used. Granting of an Interim Waiver in this DEPARTMENT OF ENERGY Energy Used in kWh case is justified since the prescribed test procedures would potentially evaluate • × × Federal Energy Regulatory Formula W = V T K the basic model in a manner so Æ V = Weighted Average Water Usage Commission unrepresentative of its true energy per DOE consumption characteristics as to [Docket No. IC13–8–000] Æ T = Nominal water heater ° provide materially inaccurate temperature rise of 39 C Commission Information Collection Æ K = Specific heat of water 0.00115 comparative data. In addition, a similar • × × Interim Waiver and Waiver have Activities (FERC Form No. 556); Calculated Energy use—180 39 Comment Request; Extension .00115 = 8.0 kWh/yr previously been granted to BSH. AGENCY: Federal Energy Regulatory Summary 5. Manufacturers of Similar Products and Affected Manufacturers Commission, DOE. • A Dishwasher built by BSH with an ACTION: Notice of information collection integrated water softener in a home Web based research shows that at and request for comments. with a 12.6 grain per gallon water least two other manufacturers are hardness would be cycled through the currently selling dishwashers with an SUMMARY: In compliance with the water softening regeneration process integrated water softener, Inc. and requirements of the Paperwork approximately every 6 dish cleaning (Waiver Reduction Act of 1995, 44 USC cycles. When the water used in the Granted). 3506(c)(2)(A), the Federal Energy water softener regeneration process is Manufacturers selling dishwashers in Regulatory Commission (Commission or apportioned evenly over all the United States include AGA Marvel, FERC) is soliciting public comment on dishwasher runs, the amount of Arcelik A.S., ASKO Appliances, Inc., the currently approved information energy and water usage per cycle is North America, Inc., Fagor collection, OMB No. 1902–0075, FERC very low. Based on the assumptions America, Inc., Fisher & Paykel Form No. 556, ‘‘Certification of provided, BSH estimates the typical Appliances, GE Appliances and Qualifying Facility (QF) Status for a water used in the internal Dishwasher Lighting, America, Indesit Small Power Production or water softener regeneration process at Company Sa, Teka USA, Inc., LG Cogeneration Facility’’ (Form No. 556). .84 liters (.22 gallons) per use; Electronics USA, Miele, Inc., Samsung DATES: Comments on the collection of furthermore, using about 8.0 kWh per Electronics Co., Viking Range information are due March 1, 2013. year to heat this water in the home Corporation and Whirlpool Corporation. ADDRESSES: You may submit comments hot water heater. BSH will notify all companies listed (identified by Docket No. IC13–8–000) above (as well as AHAM), as required by by either of the following methods: 3. Requirements sought to be waived • eFiling at Commission’s Web Site: the Department’s rules, providing them http://www.ferc.gov/docs-filing/ Dishwashers are subjected to test with a copy of this Petition for Waiver efiling.asp. methods outlined in 10 CFR Part 430, and Interim Waiver. Subpart B, App. C, Section 4.3, which • Mail/Hand Delivery/Courier: specifies the method for the water 6. Conclusion Federal Energy Regulatory Commission, energy calculation. Secretary of the Commission, 888 First • BSH Home Appliances Corporation Street NE., Washington, DC 20426. BSH is requesting approval to hereby requests approval of the Waiver estimate the water and energy used in Instructions: All submissions must be petition and Interim Waiver. By granting formatted and filed in accordance with the water softening process based on said Waivers the Department of Energy the design of the BSH Dishwasher and submission guidelines at: http:// will further ensure that water energy is www.ferc.gov/help/submission- the calculations and assumptions measured in the same way by all outlined above. guide.asp. For user assistance contact Dishwasher Manufacturer’s that have a FERC Online Support by email at 4. Grounds for Waiver and Interim integrated water softener. Further, BSH [email protected], or by phone Waiver would request that these Waivers be in at: (866) 208–3676 (toll-free), or (202) good standing until such time that the 10 CFR 430.27 (a)(1) provides that a 502–8659 for TTY. test procedure can be formally modified Petition to waive a requirement of Docket: Users interested in receiving to account for integrated water 430.23 may be submitted upon grounds automatic notification of activity in this softeners. that the basic model contains one or docket or in viewing/downloading more design characteristics which either BSH Home Appliances certifies that comments and issuances in this docket prevent testing of the basic model all manufacturers of domestic may do so at http://www.ferc.gov/docs- according to the prescribed test Dishwashers as listed above have been filing/docs-filing.asp. procedures, or the prescribed test notified by letter. FOR FURTHER INFORMATION: Ellen Brown procedures may evaluate the basic With Best Regards, may be reached by email at [email protected], telephone at model in a manner so unrepresentative Mike Edwards of its true energy consumption (202) 502–8663, and fax at (202) 273– characteristics as to provide materially Senior Engineer, Performance and 0873. Consumption inaccurate comparative data. BSH Home Appliances Corporation (FNbG) SUPPLEMENTARY INFORMATION: If a water softener regeneration 100 Bosch Blvd., Building 102 Title: FERC Form No. 556, process was to occur while running an New Bern, NC 28562–6924 Certification of Qualifying Facility (QF) energy test, the water usage would be [email protected] Status for a Small Power Production or overstated. In this case, the water energy Phone (252) 672–9161 Cogeneration Facility.

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