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

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 the 

development 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. 


srobinson on DSKHWCL6B1PROD with NOTICES
5568 Federal Register / Vol. 76, No. 21 / Tuesday, February 1, 2011 / Notices 

1For 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 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 76, No. 21 / Tuesday, February 1, 2011 / Notices 5569 

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 


srobinson on DSKHWCL6B1PROD with NOTICES
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 


srobinson on DSKHWCL6B1PROD with NOTICESEN01FE11.000</GPH>