```

[Federal Register Volume 76, Number 21 (Tuesday, February 1, 2011)]
[Notices]
[Pages 5567-5571]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-2158]

=======================================================================
-----------------------------------------------------------------------

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.

[[Page 5568]]

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.
---------------------------------------------------------------------------

    \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 
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 in-unit container, these products do not use 
an exhaust port like a vented dryer does. Miele plans to market a

[[Page 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

[[Page 5570]]

[GRAPHIC] [TIFF OMITTED] TN01FE11.000

[FR Doc. 2011-2158 Filed 1-31-11; 8:45 am]
BILLING CODE 6450-01-C
```