82 FR 17227 - Energy Conservation Program for Consumer Products: Decision and Order Granting a Waiver to Miele Incorporated From the Department of Energy Residential Dishwasher Test Procedure
DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy Federal Register Volume 82, Issue 67 (April 10, 2017)
Office of Energy Efficiency and Renewable Energy
Federal Register Volume 82, Issue 67 (April 10, 2017)
| Page Range | 17227-17229 | |
| FR Document | 2017-07109 |
[Federal Register Volume 82, Number 67 (Monday, April 10, 2017)] [Notices] [Pages 17227-17229] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-07109] ----------------------------------------------------------------------- DEPARTMENT OF ENERGY Office of Energy Efficiency and Renewable Energy [Case No. DW-012] Energy Conservation Program for Consumer Products: Decision and Order Granting a Waiver to Miele Incorporated 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 a decision and order (Case No. DW-012) that grants to Miele Incorporated (Miele) a waiver from the DOE dishwasher test procedure for determining the energy consumption of dishwashers. Under this decision and order, Miele is required to test and rate its dishwasher using an alternate test procedure that allows for [[Page 17228]] testing of one specified basic model at 208 volts when measuring energy consumption. DATES: This Decision and Order is effective April 10, 2017. FOR FURTHER INFORMATION CONTACT: Mr. Bryan Berringer, U.S. Department of Energy, Building Technologies Program, Mail Stop EE-5B, 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-33, Forrestal Building, 1000 Independence Avenue SW., Washington, DC 20585-0103. Telephone: (202) 586-7796. Email: [email protected]. SUPPLEMENTARY INFORMATION: In accordance with Title 10 of the Code of Federal Regulations (10 CFR 430.27(f)(2)), DOE gives notice of the issuance of its decision and order as set forth below. The decision and order grants Miele a waiver from the applicable dishwasher test procedure in 10 CFR part 430, subpart B, appendix C1 for a certain basic model of dishwashers that operates at 208 volts, provided that Miele tests and rates such products using the alternate test procedure described in this notice. Miele's representations concerning the energy efficiency of these products must be based on testing consistent with the provisions and restrictions in the alternate test procedure set forth in the decision and order below, and the representations must 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. 42 U.S.C. 6293(c). Not later than June 9, 2017, any manufacturer currently distributing in commerce in the United States a product employing a technology or characteristic that results in the same need for a waiver from the dishwasher test procedure must submit a petition for waiver pursuant to the requirements of this section. Manufacturers not currently distributing such products in commerce in the United States must petition for and be granted a waiver prior to distribution in commerce in the United States. Manufacturers may also submit a request for interim waiver pursuant to the requirements of 10 CFR 430.27. Issued in Washington, DC, on April 4, 2017. Kathleen Hogan, Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and Renewable Energy. Decision and Order In the Matter of: Miele Incorporated. (Case No. DW-012) I. Background and Authority Title III, Part B of the Energy Policy and Conservation Act of 1975 (EPCA) (42 U.S.C. 6291-6309) established the Energy Conservation Program for Consumer Products Other Than Automobiles, a program that 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 measuring 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 is contained in 10 CFR part 430, subpart B, appendix C1, Uniform Test Method for Measuring the Energy Consumption of Dishwashers. --------------------------------------------------------------------------- \1\ For editorial reasons, upon codification in the U.S. Code, Part B was re-designated Part A. --------------------------------------------------------------------------- The regulations set forth in 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 product when that basic model contains one or more design characteristics that: (1) Prevent testing according to the prescribed test procedure, or (2) cause the prescribed test procedures to 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). DOE may grant the waiver subject to conditions, including adherence to alternate test procedures. 10 CFR 430.27(f)(2). II. Miele's Petition for Waiver: Assertions and Determinations 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. Miele also requested an interim waiver from the existing DOE test procedure, which DOE granted. See 81 FR at 87027 (Dec. 2, 2016). After reviewing the alternate procedure suggested by Miele, DOE granted the interim waiver because DOE determined that Miele's petition for waiver would likely be granted and decided that it was desirable for public policy reasons to grant Miele immediate relief pending a determination on the petition for waiver. Miele's petition was published in the Federal Register on December 2, 2016. 81 FR 87027. DOE received no comments regarding Miele's petition. DOE previously granted a petition for waiver submitted for an earlier design generation of Miele dishwasher rated for 208 volts (Case No. DW-006) on December 27, 2011, 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. 76 FR 80920. III. Consultations With Other Agencies DOE consulted with the Federal Trade Commission (FTC) staff concerning the Miele petition for waiver. The FTC staff did not have any objections to granting a waiver to Miele. IV. Order After careful consideration of all the material that was submitted by Miele and consultation with the FTC staff, in accordance with 10 CFR 430.27, it is ORDERED that: (1) The petition for waiver submitted by the Miele Incorporated. (Case No. DW-012) is hereby granted as set forth in the paragraphs below. (2) Miele must test and rate the Miele basic model specified in paragraph (3) on the basis of the current test procedure contained in 10 CFR part 430, subpart B, appendix C1 with the modification of section 2.2 of appendix C1 set forth below to provide for a dishwasher that operates with an electrical supply of 208 volts: Dishwashers that operate with an electrical supply of 208 volts. Maintain the electrical supply to the dishwasher at 208 volts2 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 [[Page 17229]] section 2.9 of this appendix, and in between all test cycles. (3) This order applies only to the following basic model: PG8056- 208V. (4) Representations. Miele may make representations about the energy use of its dishwasher products 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. Issued in Washington, DC, on 4/4/2017. Kathleen B. Hogan, Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and Renewable Energy. [FR Doc. 2017-07109 Filed 4-7-17; 8:45 am] BILLING CODE 6450-01-P
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Officials and Bargaining Unit BILLING CODE 6450–01–P
implementation requirements outlined
Employees at the Department of
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Education (18–05–08); and
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whitehouse.archives.gov/sites/default/
System (GPAS) (18–05–10).
files/omb/assets/OMB/circulars/a108/ Office of Energy Efficiency and
HISTORY: omb_circular_a-108.pdf. Renewable Energy
The system of records notice entitled DATES: Comments regarding this
[Case No. DW–012]
‘‘Official Time Records of Union proposed information collection must
Officials and Bargaining Unit be received on or before June 9, 2017. Energy Conservation Program for
Employees at the Department of If you anticipate difficulty in submitting Consumer Products: Decision and
Education’’ (18–05–08) was last comments within that period, contact Order Granting a Waiver to Miele
published in the Federal Register at 64 the person listed below as soon as Incorporated From the Department of
FR 30106, 30130–30131 (June 4, 1999), possible. Energy Residential Dishwasher Test
and the system of records notice entitled ADDRESSES: Written comments may be Procedure
‘‘General Performance Appraisal System sent to Ken Hunt, Chief Privacy Officer,
(GPAS)’’ (18–05–10) was last published AGENCY: Office of Energy Efficiency and
U.S. Department of Energy, 1000
in the Federal Register at 64 FR 30106, Renewable Energy, Department of
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30133–30135 (June 4, 1999). Energy.
085, Washington, DC 20585 or by fax at
[FR Doc. 2017–07170 Filed 4–7–17; 8:45 am] ACTION: Decision and order.
202–586–8151 or by email at privacy@
BILLING CODE 4000–01–P hq.doe.gov. SUMMARY: The U.S. Department of
FOR FURTHER INFORMATION CONTACT: Ken Energy (DOE) gives notice of a decision
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Hunt, Chief Privacy Officer, U.S. and order (Case No. DW–012) that
Department of Energy, 1000 grants to Miele Incorporated (Miele) a
DEPARTMENT OF ENERGY Independence Avenue SW., Rm 8H– waiver from the DOE dishwasher test
085, Washington, DC 20585 or by fax at procedure for determining the energy
Extension Without Change to a
202–586–8151 or by email at privacy@ consumption of dishwashers. Under this
Previously Approved Agency
hq.doe.gov. decision and order, Miele is required to
Information Collection
SUPPLEMENTARY INFORMATION: This test and rate its dishwasher using an
AGENCY: U.S. Department of Energy. information collection request contains: alternate test procedure that allows for
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![Federal Register / Vol. 82, No. 67 / Monday, April 10, 2017 / Notices 17229
section 2.9 of this appendix, and in Ms. Elizabeth Kohl, U.S. Department residential clothes washers.1 Part B
between all test cycles. of Energy, Office of the General Counsel, includes definitions, test procedures,
(3) This order applies only to the Mail Stop GC–33, Forrestal Building, labeling provisions, energy conservation
following basic model: PG8056–208V. 1000 Independence Avenue SW., standards, and the authority to require
(4) Representations. Miele may make Washington, DC 20585–0103. information and reports from
representations about the energy use of Telephone: (202) 586–7796. Email: manufacturers. Further, Part B
its dishwasher products for compliance, Elizabeth.Kohl@hq.doe.gov. authorizes the Secretary of Energy to
marketing, or other purposes only to the SUPPLEMENTARY INFORMATION: In prescribe test procedures that are
extent that such products have been accordance with Title 10 of the Code of reasonably designed to produce results
tested in accordance with the provisions Federal Regulations (10 CFR measuring energy efficiency, energy use,
outlined above and such representations 430.27(f)(2)), DOE gives notice of the or estimated operating costs, and that
fairly disclose the results of such issuance of its decision and order as set are not unduly burdensome to conduct.
testing. forth below. The decision and order (42 U.S.C. 6293(b)(3)) The test
(5) This waiver shall remain in effect grants Samsung a waiver from the procedure for residential clothes
consistent with the provisions of 10 CFR applicable clothes washer test washers is contained in 10 CFR part
430.27. procedure in 10 CFR part 430, subpart 430, subpart B, appendix J2.
B, appendix J2 for certain basic models The regulations set forth in 10 CFR
Issued in Washington, DC, on 4/4/2017. 430.27 contain provisions that allow a
of clothes washers with capacities
Kathleen B. Hogan, greater than 6.0 cubic feet, provided that person to seek a waiver from the test
Deputy Assistant Secretary for Energy procedure requirements for a particular
Samsung tests and rates such products
Efficiency, Energy Efficiency and Renewable basic model of a type of covered product
using the alternate test procedure
Energy. when that basic model contains one or
described in this notice. Samsung’s
more design characteristics that: (1)
[FR Doc. 2017–07109 Filed 4–7–17; 8:45 am] representations concerning the energy
Prevent testing according to the
BILLING CODE 6450–01–P efficiency of these products must be
prescribed test procedure, or (2) cause
based on testing consistent with the
the prescribed test procedures to
provisions and restrictions in the
evaluate the basic model in a manner so
DEPARTMENT OF ENERGY alternate test procedure set forth in the
unrepresentative of its true energy
decision and order below, and the
Office of Energy Efficiency and consumption characteristics as to
representations must fairly disclose the
Renewable Energy provide materially inaccurate
test results. Distributors, retailers, and
comparative data. 10 CFR 430.27(a)(1).
[Case No. CW–027] private labelers are held to the same
DOE may grant the waiver subject to
standard when making representations
conditions, including adherence to
Energy Conservation Program for regarding the energy efficiency of these
alternate test procedures. 10 CFR
Consumer Products: Decision and products. 42 U.S.C. 6293(c).
430.27(f)(2).
Order Granting a Waiver to Samsung Not later than June 9, 2017, any
Electronics America, Inc. From the manufacturer currently distributing in II. Samsung’s Petition for Waiver:
Department of Energy Residential commerce in the United States a Assertions and Determinations
Clothes Washer Test Procedure product employing a technology or On August 24, 2016, Samsung
characteristic that results in the same submitted a petition for waiver from the
AGENCY: Office of Energy Efficiency and need for a waiver from the clothes
Renewable Energy, Department of DOE test procedure applicable to
washer test procedure must submit a automatic and semi-automatic clothes
Energy. petition for waiver. 10 CFR 430.27(j). washers set forth in 10 CFR part 430,
ACTION: Decision and order. Manufacturers not currently distributing subpart B, appendix J2. Samsung
such products in commerce in the requested the waiver because the mass
SUMMARY: The U.S. Department of United States must petition for and be
Energy (DOE) gives notice of a decision of the test load used in the procedure,
granted a waiver prior to distribution in which is based on the basket volume of
and order (Case No. CW–027) that grants commerce in the United States.
to Samsung Electronics America, Inc. the test unit, is currently not defined for
Manufacturers may also submit a basket sizes greater than 6.0 cubic feet.
(Samsung) a waiver from the DOE test request for interim waiver pursuant to
procedure for determining the energy In its petition, Samsung seeks a waiver
the requirements of 10 CFR 430.27. for a specified basic model with a
consumption of clothes washers. Under
this decision and order, Samsung is Issued in Washington, DC, on April 4, capacity greater than 6.0 cubic feet.
required to test and rate its clothes 2017. Table 5.1 of Appendix J2 defines the test
washers with clothes containers greater Kathleen Hogan, load sizes used in the test procedure as
than 6.0 cubic feet using an alternate Deputy Assistant Secretary for Energy linear functions of the basket volume.
test procedure that takes this larger Efficiency, Energy Efficiency and Renewable Samsung requests that DOE grant a
capacity into account when measuring Energy. waiver for testing and rating based on a
energy consumption. Decision and Order revised Table 5.1. (See 77 FR 13888,
Mar. 7, 2012; the ‘‘March 2012 Final
DATES: This Decision and Order is In the Matter of: Samsung Electronics Rule’’)
effective April 10, 2017.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
America, Inc. (Case No. CW–027) Samsung also requested an interim
FOR FURTHER INFORMATION CONTACT: Mr. waiver from the existing DOE test
Bryan Berringer, U.S. Department of I. Background and Authority
procedure, which DOE granted. See 81
Energy, Building Technologies Program, Title III, Part B of the Energy Policy FR at 87030 (Dec. 2, 2016). After
Mail Stop EE–5B, Forrestal Building, and Conservation Act of 1975 (EPCA) reviewing the alternate procedure
1000 Independence Avenue SW., (42 U.S.C. 6291–6309) established the suggested by Samsung, DOE granted the
Washington, DC 20585–0121. Energy Conservation Program for
Telephone: (202) 586–0371. Email: Consumer Products Other Than 1 For editorial reasons, upon codification in the
Bryan.Berringer@ee.doe.gov. Automobiles, a program that includes U.S. Code, Part B was re-designated Part A.
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Document Created: 2017-04-08 03:31:17
Document Modified: 2017-04-08 03:31:17
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Decision and order. | |
| Dates | This Decision and Order is effective April 10, 2017. | |
| Contact | Mr. Bryan Berringer, U.S. Department of Energy, Building Technologies Program, Mail Stop EE-5B, Forrestal Building, 1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 586-0371. Email: [email protected] | |
| FR Citation | 82 FR 17227 |
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