9330 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices

Office of Energy Efficiency and

Renewable Energy

[Case No. CD-001 ]

Energy Conservation Program for

Consumer Products : Decision and

Order Granting a Waiver from the

Clothes Dryer Test Procedures to Miele

Appliance Inc.

AGENCY : Office of Energy Efficiency and

Renewable Energy, Department of

Energy.

ACTION : Decision and Order.

SUMMARY : Notice is given of the

Decision and Order (Case No. CD-001)

granting a Waiver to Miele Appliance

Incorporated (Miele) from the existing

Department of Energy (DOE or

Department) test procedure for clothes

dryers. The Department is granting

Miele a Waiver from the Department's

test procedures for its condenser clothes

CAS-RM-80-119 COMMENT 03
Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices

dryers, models T1565CA and T1570C,

which do not have an outside exhaust.

The existing clothes dryer test

procedure only applies to clothes dryers

that are vented.

FOR FURTHER INFORMATION CONTACT:

P. Marc LaFrance, U.S. Department of

Energy, Office of Energy Efficiency

and Renewable Energy, Mail Station

EE-431, Forrestal Building, 1000

Independence Avenue, SW,

Washington, DC, 20585, (202) 586-

8423

Eugene Margolis, Esq., U.S. Department

of Energy, Office of General Counsel,

Mail Station GC-72, Forrestal

Building, 1000 Independence Avenue,

SW, Washington, DC, 20585, (202)

586-9507.

SUPPLEMENTARY INFORMATION: In

accordance with 10 CFR 430.27(g),

notice is hereby given of the issuance of

the Decision and Order as set below. In

the Decision and Order, Miele has been

granted a Waiver for its condenser

clothes dryers, models T1565CA and

T1570C, which do not have an outside

exhaust.

Issued in Washington, DC, February 10,

1995.

Christine A. Ervin,

Assistant Secretary, Energy Efficiency and

Renewable Energy.

Decision and Order

In the Matter of: Miele [Case No. CD-001].

Background

The Energy Conservation Program for

Consumer Program Products (other than

automobiles) was established pursuant

to the Energy Policy and Conservation

Act (EPCA), Public Law 94-163, 89 Stat.

917, as amended by the National Energy

Conservation Act (NECPA), Public Law

95-619, 92 Stat. 3266, the National

Appliance Energy Conservation Act of

1987 (NAECA), Public Law 100-12, the

National Appliance Energy

Conservation Amendments of 1988

(NAECA 1988), Public Law 100-357,

and the Energy Policy Act of 1992,

Public Law 102-486, 106 Stat. 2776,

which requires DOE to prescribe

standardized test procedures to measure

the energy efficiency, energy use, or

estimated annual operating cost of

covered consumer products, including

clothes dryers. The clothes dryer test

procedure, among other things, provides

a means of calculating an energy factor,

a measure of energy efficiency, which is

used to determine if a product is

compliant with the minimum energy

conservation standards. The Department

imposed amended energy conservation

standards requiring minimum energy

factors for four of the five classes of

clothes dryers in a final rule (56 FR

22279) issued May 14, 1991, and which

is effective for products manufactured

on or after May 14, 1994. Test

procedures for clothes dryers appear at

10 CFR Part 430, Subpart D.

The Department amended the

prescribed test procedure by adding 10

CFR 430.27 on September 26, 1980,

creating the waiver process. (45 FR

64108). Thereafter, DOE further

amended the appliance test procedure

waiver process to allow the Assistant

Secretary for Energy Efficiency and

Renewable Energy (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. (51 FR 42823, November 26,

1986).

The waiver process allows the

Assistant Secretary to temporarily waive

the test procedures for a particular basic

model when a petitioner shows that the

basic model contains one or more

design characteristics which prevent

testing according to the prescribed test

procedures, or when the prescribed test

procedures may evaluate the basic

model in a manner so unrepresentative

of its true energy consumption as to

provide materially inaccurate

comparative data. Waivers generally

remain in effect until final test

procedure amendments become

effective, resolving the problem that is

the subject of the waiver.

The Interim Waiver provisions, added

by the 1986 amendment, allow the

Assistant Secretary to grant an Interim

Waiver when 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 on the Petition for

Waiver. An Interim Waiver remains in

effect for a period of 180 days or until

DOE issues its determination on the

Petition for Waiver, whichever is

sooner, and may be extended for an

additional 180 days, if necessary.

Miele filed a Petition for Waiver and

an Application for Interim Waiver on

April 5, 1994, which was amended on

April 20, 1994, and April 22, 1994,

regarding its clothes dryer models

T1515A, T1520, T1565CA, and T1570C.

Miele's petition submission was

primarily based on the reverse tumble

design feature which all four models

have. However, today's Decision and

Order is only applicable to models

T1565CA and T1570C, which are

9331

condenser dryers. Miele has certified on

January 27, 1995, with the Department

that its clothes dryer models T1515A

and T1520 can be tested using the

existing test procedure, and comply

with the existing 1994 minimum energy

conservation standard. On September

29, 1994, the Department published in

the Federal Register the Miele petition,

and solicited comments, data, and

information respecting the petition, and

denied the requested Interim Waiver.

(59 FR 49658).

Comments were received from Miele

and the Association of Home Appliance

Manufacturers (AHAM). The

Department consulted with the Federal

Trade Commission (FTC) concerning the

Miele petition. The FTC did not have

any objections to the Decision and

Order.

Assertions and Determinations

On December 22, 1994, Miele

provided comment to the Department

that after consultation with AHAM, it

had decided to restrict its request to its

condenser clothes dryers, models

T1565CA and T1570C. Miele indicated

that the condenser clothes dryers offer

additional utility to the consumer which

affects energy consumption. The

condenser clothes dryer does not have

an outside exhaust and requires more

energy to extract the moisture from the

drum's exhaust prior to expelling the air

back into the surrounding air. This type

of product is suited for installation

conditions where venting is not

practical or cost prohibitive.

Miele stated that the Department's

existing test procedure is applicable for

vented clothes dryers because the test

procedure requires the use of an exhaust

restrictor to simulate an installed

condition. Miele further stated that

since its condenser clothes dryers do

not have an exhaust, they cannot be

tested in accordance with the

Department's test procedure, and the

test procedure does not apply to them.

Miele added, "Consequently, the DOE

energy conservation standard for clothes

dryers does not apply to Miele

condenser dryers since the DOE

standard must be 'determined in

accordance with test procedures

prescribed under section 6293 of this

title.' 42 U.S.C. § 6291(6)."

Miele also proposed that the

Department consider adding a class for

condenser clothes dryers in the current

clothes dryer rulemaking (Docket No.

EE-RM-94-403) for minimum energy

efficiency standards, which will become

effective in the 1999 timeframe, along

with an appropriate test procedure.

On December 27, 1994, AHAM

provided comment and stated,

CAS-RM-80-119 COMMENT 03
9332 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Notices

"[ARAM] unanimously supports the

position that Miele's condenser clothes

dryer provides separate functions and

utilities which affect energy use and,

therefore, justify creation of a separate

class for condenser clothes dryers. A

separate clothes dryer standard and

modified test procedure applicable to

that product class should be

promulgated."

The Department agrees with Miele

and AHAM that the condenser clothes

dryer offers the consumer additional

utility, and is justified to consum more

energy (lower energy factor) versus noncondenser clothes dryers. Furthermore,

the Department believes that the

existing clothes dryer test procedure is

not applicable to the Miele condenser

clothes dryers. This assertion is based

on the fact that the existing test

procedure requires the use of an exhaust

restrictor and does not provide any

definition or mention of condenser

clothes dryers. The Department agrees

with Miele that the current clothes dryer

minimum energy conservation standard

does not apply to Miele's condenser

clothes dryers. Today's Decision and

Order exempts Miele from testing its

condenser clothes dryer and

determining an Energy Factor.

The Department is not publishing an

amended test procedure for Miele at this

time because there is not any reason to.

The existing minimum energy

conservation standard for clothes dryers

is not applicable to the Miele condenser

clothes dryer. Furthermore, the FTC

does not have a labeling program for

clothes dryers, therefore, Miele is not

required to test its condenser clothes

dryers.

Presently, the Department is

conducting a rulemaking to review the

minimum energy conservation standard

levels for clothes dryers, clothes

washers, and dishwashers, entitled the

"Three Cleaning Products Rulemaking"

(Docket No. EE-RM-94-403). The

Department will consider adding a new

product class for condenser clothes

dryers in the above mentioned

rulemaking. The Department will

initiate a clothes dryers test procedure

rulemaking to add the capability of

testing condenser clothes dryers to the

existing test procedure for any potential

future use.

Miele and AHAM provided the

Department with an agreed upon

version of definitions for "condenser

clothes dryers" and "electric clothes

dryer". The Department will consider

these definitions when drafting a

revised test procedure.

Miele also voluntarily provided the

Department with a statement that it

plans on maintaining its condenser

clothes dryer energy Factor within 82.5

percent of the existing non-condenser

clothes dryer standard. The Department

supports this effort, although, this

measure will have no bearing on future

condenser clothes dryer standards.

Conclusion

(1) The Petition for Waiver filed by

Miele (Case CD-001), as modified by

Miele's letter of December 22, 1994, is

hereby granted as set forth in paragraph

(2) below, subject to the provisions of

paragraphs (3) and (4).

(2) Miele is not required to test its

condenser clothes dryers, models

models T1565CA and T1570C. The

existing 1994 minimum energy

conservation standard for clothes dryers

is not applicable to these Miele

condenser clothes dryers.

(3) The Waiver shall remain in effect

from the date of issuance of this Order

until DOE prescribes final test

proccedures and minimum minimum

energy conservation standards

appropriate to Miele's condenser clothes

dryers, model T1565CA and T1570C.

(4) This waiver is based upon the

presumed validity of statements,

allegations, and documentary materials

submitted by the petitioner. This

exemption may be revoked or modified

at any time upon a determination that

the factual basis underlying the

submitted data is incorrect.

Filed in Washington, DC

Christine A. Ervin,

Assistant Secretary, Energy Efficiency and

Renewable Energy.

[FR Doc. 95-4049 Filed 2-16-95; 8:45 am]

BILLING CODE 6450-01-P

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