Notice of Petition for Waiver of Miele, Inc. From the Department of Energy Residential Dishwasher Test Procedure, and Grant of Interim Waiver, 64335-64337 [2011-26884]
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64335
Federal Register / Vol. 76, No. 201 / Tuesday, October 18, 2011 / Notices
TABLE 5.1—TEST LOAD SIZES—Continued
Container volume
cu. ft. ≥ <
1.30–1.40
1.40–1.50
1.50–1.60
1.60–1.70
1.70–1.80
1.80–1.90
1.90–2.00
2.00–2.10
2.10–2.20
2.20–2.30
2.30–2.40
2.40–2.50
2.50–2.60
2.60–2.70
2.70–2.80
2.80–2.90
2.90–3.00
3.00–3.10
3.10–3.20
3.20–3.30
3.30–3.40
3.40–3.50
3.50–3.60
3.60–3.70
3.70–3.80
3.80–3.90
3.90–4.00
4.00–4.10
4.10–4.20
4.20–4.30
4.30–4.40
4.40–4.50
4.50–4.60
4.60–4.70
4.70–4.80
4.80–4.90
4.90–5.00
5.00–5.10
5.10–5.20
5.20–5.30
5.30–5.40
5.40–5.50
5.50–5.60
5.60–5.70
5.70–5.80
5.80–5.90
5.90–6.00
Minimum load
liter ≥ <
.............................................
.............................................
.............................................
.............................................
.............................................
.............................................
.............................................
.............................................
.............................................
.............................................
.............................................
.............................................
.............................................
.............................................
.............................................
.............................................
.............................................
.............................................
.............................................
.............................................
.............................................
.............................................
.............................................
.............................................
.............................................
.............................................
.............................................
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.............................................
.............................................
.............................................
.............................................
.............................................
.............................................
.............................................
.............................................
.............................................
.............................................
.............................................
.............................................
.............................................
.............................................
.............................................
.............................................
.............................................
.............................................
.............................................
lb
36.8–39.6
39.6–42.5
42.5–45.3
45.3–48.1
48.1–51.0
51.0–53.8
53.8–56.6
56.6–59.5
59.5–62.3
62.3–65.1
65.1–68.0
68.0–70.8
70.8–73.6
73.6–76.5
76.5–79.3
79.3–82.1
82.1–85.0
85.0–87.8
87.8–90.6
90.6–93.4
93.4–96.3
96.3–99.1
99.1–101.9
101.9–104.8
104.8–107.6
107.6–110.4
110.4–113.3
113.3–116.1
116.1–118.9
118.9–121.8
121.8–124.6
124.6–127.4
127.4–130.3
130.3–133.1
133.1–135.9
135.9–138.8
138.8–141.6
141.6–144.4
144.4–147.2
147.2–150.1
150.1–152.9
152.9–155.7
155.7–158.6
158.6–161.4
161.4–164.2
164.2–167.1
167.1–169.9
Maximum load
kg
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
lb
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
Average load
kg
5.50
5.90
6.40
6.80
7.20
7.60
8.00
8.40
8.80
9.20
9.60
10.00
10.50
10.90
11.30
11.70
12.10
12.50
12.90
13.30
13.70
14.10
14.60
15.00
15.40
15.80
16.20
16.60
17.00
17.40
17.80
18.20
18.70
19.10
19.50
19.90
20.30
20.70
21.10
21.50
21.90
22.30
22.80
23.20
23.60
24.00
24.40
2.49
2.68
2.90
3.08
3.27
3.45
3.63
3.81
3.99
4.17
4.35
4.54
4.76
4.94
5.13
5.31
5.49
5.67
5.85
6.03
6.21
6.40
6.62
6.80
6.99
7.16
7.34
7.53
7.72
7.90
8.09
8.27
8.46
8.65
8.83
9.02
9.20
9.39
9.58
9.76
9.95
10.13
10.32
10.51
10.69
10.88
11.06
lb
4.25
4.45
4.70
4.90
5.10
5.30
5.50
5.70
5.90
6.10
6.30
6.50
6.75
6.95
7.15
7.35
7.55
7.75
7.95
8.15
8.35
8.55
8.80
9.00
9.20
9.40
9.60
9.80
10.00
10.20
10.40
10.60
10.80
11.00
11.20
11.40
11.60
11.90
12.10
12.30
12.50
12.70
12.90
13.10
13.30
13.50
13.70
kg
1.93
2.02
2.13
2.22
2.31
2.40
2.49
2.59
2.68
2.77
2.86
2.95
3.06
3.15
3.24
3.33
3.42
3.52
3.61
3.70
3.79
3.88
3.99
4.08
4.17
4.26
4.35
4.45
4.54
4.63
4.72
4.82
4.91
5.00
5.10
5.19
5.28
5.38
5.47
5.56
5.65
5.75
5.84
5.93
6.03
6.12
6.21
Notes:
(1) All test load weights are bone dry weights.
(2) Allowable tolerance on the test load weights are ± 0.10 lbs (0.05 kg).
APPENDIX 3
DEPARTMENT OF ENERGY
[Letters are not included in the
published document.]
Office of Energy Efficiency and
Renewable Energy
[FR Doc. 2011–26883 Filed 10–17–11; 8:45 am]
mstockstill on DSK4VPTVN1PROD with NOTICES
Notice of Petition for Waiver of Miele,
Inc. From the Department of Energy
Residential Dishwasher Test
Procedure, and Grant of Interim Waiver
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
AGENCY:
VerDate Mar<15>2010
16:46 Oct 17, 2011
Jkt 226001
This notice announces receipt
of and publishes the Miele, Inc. (Miele)
petition for waiver 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 Miele petition.
SUMMARY:
[Case No. DW–006]
BILLING CODE 6450–01–P
Notice of petition for waiver,
notice of grant of interim waiver, and
request for comments.
ACTION:
PO 00000
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Fmt 4703
Sfmt 4703
E:\FR\FM\18OCN1.SGM
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64336
Federal Register / Vol. 76, No. 201 / Tuesday, October 18, 2011 / Notices
DOE will accept comments, data,
and information with respect to the
Miele petition until, but no later than
November 17, 2011.
ADDRESSES: You may submit comments,
identified by case number DW–006, by
any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• E-mail:
AS_Waiver_Requests@ee.doe.gov.
Include the case number [Case No. DW–
006] 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–006,
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., (Resource Room of the
Building Technologies Program),
Washington, DC 20024; (202) 586–2945,
between 9 a.m. and 4 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 application for
interim waiver; and (4) prior DOE
rulemakings and waivers regarding
similar dish washers. Please call Ms.
Brenda Edwards at the above telephone
number for additional information
regarding visiting the Resource Room.
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. E-mail:
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. E-mail:
Elizabeth.Kohl@hq.doe.gov.
mstockstill on DSK4VPTVN1PROD with NOTICES
DATES:
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–
VerDate Mar<15>2010
16:46 Oct 17, 2011
Jkt 226001
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.
The regulations set forth in 10 CFR
part 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
part 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. 10 CFR part
430.27(b)(1)(iii). The Assistant Secretary
may grant the waiver subject to
conditions, including adherence to
alternate test procedures. 10 CFR part
430.27(l). Waivers remain in effect
pursuant to the provisions of 10 CFR
part 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 part
430.27(a)(2) An interim waiver remains
in effect for 180 days or until DOE
issues its determination on the petition
for waiver, whichever is sooner. An
interim waiver may be extended for an
1 For editorial reasons, upon codification in the
U.S. Code, Part B was re-designated Part A.
PO 00000
Frm 00039
Fmt 4703
Sfmt 4703
additional 180 days. 10 CFR part
430.27(h)
II. Petition for Waiver
On July 19, 2011, 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 C.
Miele has designed new dishwashers
that run on an electrical supply voltage
of 208 volts. The existing test procedure
under Title 10 of the Code of Federal
Regulations 430.23(c) has provisions 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.
III. Application for Interim Waiver
Miele also requests an interim waiver
for particular basic models with
integrated water softeners. An interim
waiver may 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 part 430.27(g))
DOE determined that Miele’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 Miele might experience absent
a favorable determination on its
application for interim waiver. DOE
understands, however, that the current
test procedure does not allow for testing
a dishwasher with a 208 volt electrical
supply and that the simple addition of
a provision for testing with a 208 volt
electrical supply is the only
modification necessary to allow Miele’s
product to be tested.
This petition for waiver is likely to be
successful because it requests a simple
change which will allow testing of any
dishwasher with a 208 volt supply. This
change has no other effect on testing or
rating. As a result, DOE grants Miele’s
application for interim waiver.
Therefore, Miele shall be required to test
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:
E:\FR\FM\18OCN1.SGM
18OCN1
Federal Register / Vol. 76, No. 201 / Tuesday, October 18, 2011 / Notices
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.
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. Miele may submit a
new or amended petition for waiver and
request for grant of interim waiver, as
appropriate, for additional models of
dishwashers for which it seeks a waiver
from the DOE test procedure. Grant of
an interim waiver does not release a
petitioner from the certification
requirements set forth at 10 CFR part
429.
IV. Summary and Request for
Comments
mstockstill on DSK4VPTVN1PROD with NOTICES
Through today’s notice, DOE
announces receipt of Miele’s petition for
waiver from certain parts of the test
procedure that apply to dishwashers.
DOE is publishing Miele’s petition for
waiver in its entirety pursuant to 10
CFR part 430.27(b)(1)(iv). The petition
contains no confidential information.
The petition includes a suggested
alternate test procedure which is to
include a provision for a 208 volt
electrical supply voltage.
DOE solicits comments from
interested parties on all aspects of the
petition. Pursuant to 10 CFR
430.27(b)(1)(iv), 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 Mr. Steve Polinski,
Senior Manager Regulatory Affairs,
Miele Incorporated, 9 Independence
Way, Princeton, NJ 08540. 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 October 11,
2011.
Kathleen Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Office of Technology
Development, Energy Efficiency and
Renewable Energy.
August 4, 2011
The Honorable Catherine Zoi
VerDate Mar<15>2010
16:46 Oct 17, 2011
Jkt 226001
Assistant Secretary, Energy Efficiency
and Renewable Energy
U.S. Department of Energy
Maile Station EE–10
1000 Independence Avenue, SW.,
Washington, DC 20585
Re: Application for Interim Waiver and
Petition for Waiver, 10 CFR 430
Subpart B, Appendix C—Uniform
Test Method for Measuring Energy
Consumption of Dishwashers
Dear Assisant Secretary Zoi,
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 C for
measuring energy consumption of
dishwashers specifically the Miele
G7856–208V.
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.
Currently there is no provision to test
dishwashers at 208 Volts.
There are many instances where only
208 Volts is 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 G7856–208V, 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
208V dishwasher is intended to be sold
in applications where 240Volts is not
made available to the consumer, denial
of this Application for Interim Waiver
and Petition for Waiver would eliminate
PO 00000
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64337
the possibility of high performance
dishwasher sales where a compatible
voltage is not present.
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 Appliances, 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
SPolinski@MieleUSA.com
Phone: 609 419 9898
[FR Doc. 2011–26884 Filed 10–17–11; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
Combined Notice of Filings
Take notice that the Commission has
received the following Natural Gas
Pipeline Rate and Refund Report filings:
Filings Instituting Proceedings
Docket Numbers: RP12–7–000.
Applicants: Rockies Express Pipeline
LLC.
Description: Rockies Express Pipeline
LLC submits tariff filing per 154.204:
Negotiated Rate 2011–10–05 Concord to
be effective 10/6/2011.
Filed Date: 10/05/2011.
Accession Number: 20111005–5043.
Comment Date: 5 p.m. Eastern Time
on Monday, October 17, 2011.
Docket Numbers: RP12–8–000.
Applicants: Midcontinent Express
Pipeline LLC.
Description: Midcontinent Express
Pipeline LLC submits tariff filing per
154.204: Tariff Clean Up Filing to be
effective 11/5/2011.
Filed Date: 10/06/2011.
Accession Number: 20111006–5079.
Comment Date: 5 p.m. Eastern Time
on Tuesday, October 18, 2011.
Docket Numbers: RP12–9–000.
Applicants: Natural Gas Pipeline
Company of America LLC.
E:\FR\FM\18OCN1.SGM
18OCN1
]]>Agencies
[Federal Register Volume 76, Number 201 (Tuesday, October 18, 2011)]
[Notices]
[Pages 64335-64337]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-26884]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. DW-006]
Notice of Petition for Waiver of Miele, Inc. 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.
-----------------------------------------------------------------------
SUMMARY: This notice announces receipt of and publishes the Miele, Inc.
(Miele) petition for waiver 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 Miele petition.
[[Page 64336]]
DATES: DOE will accept comments, data, and information with respect to
the Miele petition until, but no later than November 17, 2011.
ADDRESSES: You may submit comments, identified by case number DW-006,
by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: AS_Waiver_Requests@ee.doe.gov. Include the case
number [Case No. DW-006] 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-006, 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., (Resource Room of the Building Technologies
Program), Washington, DC 20024; (202) 586-2945, between 9 a.m. and 4
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 application for
interim waiver; and (4) prior DOE rulemakings and waivers regarding
similar dish washers. Please call Ms. Brenda Edwards at the above
telephone number for additional information regarding visiting the
Resource Room.
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. E-mail:
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. E-
mail: Elizabeth.Kohl@hq.doe.gov.
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 part 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 part 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. 10 CFR part 430.27(b)(1)(iii). The Assistant
Secretary may grant the waiver subject to conditions, including
adherence to alternate test procedures. 10 CFR part 430.27(l). Waivers
remain in effect pursuant to the provisions of 10 CFR part 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 part 430.27(a)(2) An interim waiver remains in effect for 180 days
or until DOE issues its determination on the petition for waiver,
whichever is sooner. An interim waiver may be extended for an
additional 180 days. 10 CFR part 430.27(h)
II. Petition for Waiver
On July 19, 2011, 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 C. Miele has designed
new dishwashers that run on an electrical supply voltage of 208 volts.
The existing test procedure under Title 10 of the Code of Federal
Regulations 430.23(c) has provisions 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.
III. Application for Interim Waiver
Miele also requests an interim waiver for particular basic models
with integrated water softeners. An interim waiver may 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 part 430.27(g))
DOE determined that Miele'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 Miele might experience absent a favorable determination on its
application for interim waiver. DOE understands, however, that the
current test procedure does not allow for testing a dishwasher with a
208 volt electrical supply and that the simple addition of a provision
for testing with a 208 volt electrical supply is the only modification
necessary to allow Miele's product to be tested.
This petition for waiver is likely to be successful because it
requests a simple change which will allow testing of any dishwasher
with a 208 volt supply. This change has no other effect on testing or
rating. As a result, DOE grants Miele's application for interim waiver.
Therefore, Miele shall be required to test 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:
[[Page 64337]]
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.
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. Miele may submit a new or amended
petition for waiver and request for grant of interim waiver, as
appropriate, for additional models of dishwashers for which it seeks a
waiver from the DOE test procedure. Grant of an interim waiver does not
release a petitioner from the certification requirements set forth at
10 CFR part 429.
IV. Summary and Request for Comments
Through today's notice, DOE announces receipt of Miele's petition
for waiver from certain parts of the test procedure that apply to
dishwashers. DOE is publishing Miele's petition for waiver in its
entirety pursuant to 10 CFR part 430.27(b)(1)(iv). The petition
contains no confidential information. The petition includes a suggested
alternate test procedure which is to include a provision for a 208 volt
electrical supply voltage.
DOE solicits comments from interested parties on all aspects of the
petition. Pursuant to 10 CFR 430.27(b)(1)(iv), 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 Mr. Steve
Polinski, Senior Manager Regulatory Affairs, Miele Incorporated, 9
Independence Way, Princeton, NJ 08540. 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 October 11, 2011.
Kathleen Hogan,
Deputy Assistant Secretary for Energy Efficiency, Office of Technology
Development, Energy Efficiency and Renewable Energy.
August 4, 2011
The Honorable Catherine Zoi
Assistant Secretary, Energy Efficiency and Renewable Energy
U.S. Department of Energy
Maile Station EE-10
1000 Independence Avenue, SW.,
Washington, DC 20585
Re: Application for Interim Waiver and Petition for Waiver, 10 CFR 430
Subpart B, Appendix C--Uniform Test Method for Measuring Energy
Consumption of Dishwashers
Dear Assisant Secretary Zoi,
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 C for measuring
energy consumption of dishwashers specifically the Miele G7856-208V.
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.
Currently there is no provision to test dishwashers at 208 Volts.
There are many instances where only 208 Volts is 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 G7856-208V, 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 208V dishwasher is intended to be
sold in applications where 240Volts is not made 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.
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 Appliances, 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
SPolinski@MieleUSA.com
Phone: 609 419 9898
[FR Doc. 2011-26884 Filed 10-17-11; 8:45 am]
BILLING CODE 6450-01-P
