### 5567 Federal Register / Vol. 76, No. 21 / Tuesday, February 1, 2011 / Notices

equally, become part of the public record on the Draft PEA, and will be considered in the Final PEA. During the 30-day comment period, all written
comments should be mailed to MARFORRES, Facilities, Attn: Alain Flexer, 4400 Dauphine Street, New Orleans, LA 70146–5400. Please submit all comments by the end of the 30-day comment period.

**FOR FURTHER INFORMATION CONTACT :**  MARFORRES: Attn: Alain Flexer, telephone 504–678–8489 or by e-mail alain.flexer@usmc.mil

.

**SUPPLEMENTARY INFORMATION :**  MARFORRES (Energy Office) has completed a Draft PEA for thedevelopment and operation of smallscale wind energy projects at USMC
CONUS facilities. The USMC has previously identified the subset of
facilities at which wind is the most readily available and economically feasible renewable energy source and which may be included in their wind energy program, therefore, this Draft
PEA does not consider other forms of renewable energy.

The purpose of the proposed action is to reduce dependency on fossil fuels and increase energy security and efficiency through development of small-scale wind energy projects at USMC CONUS facilities. The proposed
action would enable MARFORRES to achieve specific goals regarding energy production and usage set by Executive Orders, legislative acts, and Federal agencies.

The Draft PEA evaluates the potential environmental impacts of constructing and operating small-scale wind energy facilities, with the number and sizes of turbines for each facility ranging from
one to four and from 0.1 MW to 2.5 MW respectively. Under the No Action Alternative, the USMC would not pursue the development and operation of small-scale wind energy projects at
USMC CONUS facilities.

Environmental resources addressed in the Draft PEA include land use; noise; geological resources; water resources; biological resources; cultural resources; visual resources; socioeconomics; air quality; utilities; airspace; health and safety; hazardous materials; and transportation. The Draft PEA also analyzes cumulative impacts from other past, present, and reasonably
foreseeable future actions.

Schedule: NOA of the Draft PEA will be published in the Federal Register. This notice initiates the 30-day public comment period for the Draft PEA. If the Draft PEA determines a more thorough analysis is necessary, then the USMC will prepare an Environmental Impact Statement (EIS). If additional analysis is not necessary, the USMC will issue a Finding of No Significant Impact (FONSI). The USMC intends to issue the Final PEA no later than February 2011,
at which time a NOA of the FONSI or Notice of Intent (NOI) to prepare an EIS will be published.

Dated: January 25, 2011.

D.J. Werner, Lieutenant Commander, Judge Advocate General’s Corps, U.S. Navy, Federal Register Liaison Officer.

[FR Doc. 2011–2160 Filed 1–31–11; 8:45 am]

**BILLING CODE 3810–FF–P**

**DEPARTMENT OF EDUCATION**

**Service Contract Inventory for Fiscal Year (FY) 2010** 

**AGENCY :**  Office of the Chief Financial Officer, U.S. Department of Education.

**ACTION :**  Notice of availability—FY 2010 Service Contract Inventory.

**SUMMARY :**  Through this notice, the Secretary announces the availability of the Department of Education’s service contract inventory on its Web site, at http://www2.ed.gov/fund/data/report/ contracts/servicecontractinventory appendix/servicecontract inventory.html. A service contract inventory is a tool for assisting an agency in better understanding how contracted services are being used to support mission and operations and whether the contractors’ skills are being utilized in an appropriate manner.

**FOR FURTHER INFORMATION CONTACT :**  Carolyn Dempster, U.S. Department of Education, 400 Maryland Avenue, SW., Washington, DC 20202 by phone at 202–
245–6068 or e-mail at Carolyn.Dempster@ed.gov.

If you use a telecommunications device for the deaf (TDD), call the Federal Relay Service (FRS), toll free, at

1–800–877–8339.

**SUPPLEMENTARY INFORMATION :**  Section
743 of Division C of the Consolidated Appropriations Act of 2010, Public Law 111–117, requires civilian agencies, other than the Department of Defense, that are required to submit an inventory
in accordance with the Federal Activities Inventory Reform Act of 1998 (Pub. L. 105–270, 31 U.S.C. 501 note) to
submit their inventories to the Office of Federal Procurement Policy (OFPP) in the Office of Management and Budget (OMB) by December 30, 2010. In addition, section 743 requires these agencies, which include the Department of Education, to (1) make the inventory available to the public by posting the inventory on its agency homepage, (2) provide OFPP with the Web site address (URL) on which the inventory is being posted so that the inventory can be linked to a central OMB Web page, and (3) publish in the Federal Register a notice announcing that the inventory is available to the public along with the name, telephone number, and e-mail address of an agency point of contact.

Through this notice, the Department announces the availability of its inventory on the following Web site: http://www2.ed.gov/fund/data/report/ contracts/servicecontractinventory appendix/servicecontract inventory.html. The point of contact for the inventory is provided under the **FOR**

**FURTHER INFORMATION CONTACT** section
in this notice.

Accessible Format: Individuals with
disabilities can obtain this document in an accessible format ( e.g., Braille, large print, or audiotape) on request to the program contact person listed under **FOR**

**FURTHER INFORMATION CONTACT**

.

Electronic Access to This Document: You can view this document, as well as all other documents of this Department published in the Federal Register , in
text or Adobe Portable Document Format (PDF) on the Internet at the following site: http://www.ed.gov/news/ fedregister. To use PDF you must have Adobe Acrobat Reader, which is
available free at this site.

Note: The official version of this document is the document published in the Federal Register . Free Internet access to the official
edition of the Federal Register and the Code of Federal Regulations is available on GPO

Access at: http://www.gpoaccess.gov/nara/
index.html.

Program Authority: Section 743 of
Division C of the Consolidated Appropriations Act of 2010, Pub. L. 111–117.

Dated: January 28, 2011. Thomas P. Skelly, Chief Financial Officer.

[FR Doc. 2011–2236 Filed 1–28–11; 11:15 am]

**BILLING CODE 4000–01–P**

**DEPARTMENT OF ENERGY**

**[Case No. CD–005]**

**Energy Conservation Program for**
**Consumer Products: Publication of the**
**Petition for Waiver and Notice of Granting the Application for Interim**  **Waiver of Miele, Inc. From the Department of Energy Residential**  **Clothes Dryer Test Procedure**

**AGENCY :**  Office of Energy Efficiency and Renewable Energy, Department of Energy.


### 5568 Federal Register / Vol. 76, No. 21 / Tuesday, February 1, 2011 / Notices

1 For editorial reasons, upon codification in the U.S. Code, Part B was re-designated Part A. **ACTION :**  Notice of Petition for Waiver, Notice of Granting Application for Interim Waiver, and Request for Public

Comments.

**SUMMARY :**  This notice announces receipt of and publishes the Miele, Inc. (Miele) petition for waiver (hereafter, ‘‘ petition’’ ) from specified portions of the U.S. Department of Energy (DOE) test procedure for determining the energy consumption of residential clothes dryers. The waiver request pertains to Miele’s specified models of condensing residential clothes dryers. The existing test procedure does not apply to condensing clothes dryers. In addition, today’s notice grants Miele an interim waiver from the DOE test procedures applicable to residential clothes dryers. DOE solicits comments, data, and information concerning Miele’s petition.

**DATES :**  DOE will accept comments, data, and information with respect to Miele’s Petition until March 3, 2011.

**ADDRESSES :**  You may submit comments, identified by case number CD–005, by any of the following methods:

• Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments.

• E-mail:

AS

_ Waiver

_Requests@ee.doe.gov. Include the case number [Case No. CD– 005] in the subject line of the message.

• Mail: Ms. Brenda Edwards, U.S. Department of Energy, Building Technologies Program, Mail Stop EE–2J, Petition for Waiver Case No. CD–005, 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 regarding similar clothes dryers. 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 the clothes dryers that are the
focus of this notice. 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 clothes dryers is contained in 10 CFR part 430, subpart B, appendix D.

The regulations set forth in 10 CFR 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 430.27(l).
Petitioners must include in their petition any alternate test procedures known to the petitioner evaluate the basic model in a manner representative of its energy consumption. 10 CFR 430.27(b)(1)(iii). The Assistant Secretary may grant the waiver subject to conditions, including adherence to alternate test procedures. 10 CFR 430.27(l). Waivers remain in effect pursuant to the provisions of 10 CFR 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 430.27(a)(2); 430.27(g). 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. 10 CFR 430.27(h).

II. Petition for Waiver of Test Procedure

On November 3, 2010, Miele filed a petition for waiver and an application
for interim waiver from the test procedure applicable to residential clothes dryers set forth in 10 CFR part 430, subpart B, appendix D. Miele seeks a waiver from the applicable test procedures for its T8000 and T9000 product models because, Miele asserts, design characteristics of these models prevent testing according to the currently prescribed test procedures, as
described in more detail in the following paragraph. DOE previously granted Miele a waiver from test procedures for two similar condenser clothes dryer models (T1565CA and T1570C). 60 FR 9330 (Feb. 17, 1995). DOE also granted waivers for the same type of clothes dryer to LG Electronics (73 FR 66641, Nov. 10, 2008), Whirlpool Corporation (74 FR 66334, Dec. 15, 2009) and General Electric (75 FR 13122, Mar. 18, 2010). Miele claims that its condenser clothes dryers cannot be tested pursuant to the DOE procedure and requests that the same waiver granted itself and to other manufacturers be granted for Miele’s
T8000 and T9000 models.

In support of its petition, Miele claims that the current clothes dryer test procedure applies only to vented clothes dryers because the test procedure requires the use of an exhaust restrictor on the exhaust port of the clothes dryer during testing. Because condenser clothes dryers operate by blowing air through the wet clothes, condensing the water vapor in the airstream, and pumping the collected
water into either a drain line or an inunit container, these products do not use an exhaust port like a vented dryer does. Miele plans to market a


### 5569 Federal Register / Vol. 76, No. 21 / Tuesday, February 1, 2011 / Notices

condensing clothes dryer for situations
in which a conventional vented clothes dryer cannot be used, such as high-rise apartments and condominiums; the construction of these types of buildings does not permit the use of external venting.

The Miele Petition requests that DOE grant a waiver from existing test procedures to allow the sale of two models (T8000 and T9000) until DOE prescribes final test procedures and minimum energy conservation standards appropriate to condenser clothes dryers. Similar to the other manufacturers, Miele did not include an alternate test procedure in its petition.

III. Application for Interim Waiver

Miele also requests an interim waiver from the existing DOE test procedure. Under 10 CFR 430.27(b)(2) each application for interim waiver ‘‘ shall demonstrate likely success of the
Petition for Waiver and shall address what economic hardship and/or competitive disadvantage is likely to
result absent a favorable determination on the Application for Interim Waiver. ’’ 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 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 Miele condensing clothes dryers have a feature that prevents testing them according to the existing DOE test procedure. In addition, as stated in the previous section, DOE has previously granted
waivers to Miele for its T1565CA and T1570C models, LG, Whirlpool and GE for similar products.

For the reasons stated above, DOE grants Miele’s application for interim waiver from testing of its condensing clothes dryer product line. Therefore, it is ordered that:

The application for interim waiver filed by Miele is hereby granted for Miele’s T8000 and T9000 condensing clothes dryers. Miele shall not be required to test its T8000 and T9000 condensing clothes dryers on the basis of the test procedure under 10 CFR part 430 subpart B, appendix D.

DOE makes decisions on waivers and interim waivers for only those models specifically set out in the petition, not future models that may or may not 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 clothes dryers for
which it seeks a waiver from the DOE test procedure. In addition, DOE notes that grant of an interim waiver or waiver does not release a petitioner from the certification requirements set forth at 10

CFR 430.62.

Further, this interim waiver is conditioned upon the presumed validity of statements, representations, and documents provided by the petitioner. DOE may revoke or modify this interim waiver at any time upon a
determination that the factual basis underlying the petition for waiver is incorrect, or upon a determination that
the results from the alternate test procedure are unrepresentative of the basic models’ true energy consumption
characteristics.

IV. Summary and Request for

Comments

Through today’s notice, DOE grants
Miele an interim waiver from the specified portions of the test procedure applicable to Miele’s T8000 and T9000 condensing clothes dryers and announces receipt of Miele’s petition for waiver from those same portions of the test procedure. DOE publishes Miele’s petition for waiver in its entirety pursuant to 10 CFR 430.27(b)(1)(iv). The petition contains no confidential
information.

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 for Regulatory Affairs, Miele, Inc., 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).

According to 10 CFR 1004.11, any person submitting information that he
or she believes to be confidential and exempt by law from public disclosure should submit two copies to DOE: One copy of the document including all the information believed to be confidential, and one copy of the document with the
information believed to be confidential
deleted. DOE will make its own
determination about the confidential
status of the information and treat it according to its determination.

Issued in Washington, DC on January 24,

2011. Cathy Zoi, Assistant Secretary, Energy Efficiency and Renewable Energy.

**BILLING CODE 6450–01–P**


### 5570 Federal Register / Vol. 76, No. 21 / Tuesday, February 1, 2011 / Notices

[FR Doc. 2011–2158 Filed 1–31–11; 8:45 am]

**BILLING CODE 6450–01–C**