[Federal Register Volume 59, Number 188 (Thursday, September 29, 1994)]

[Unknown Section]

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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]

[FR Doc No: 94-24127]

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[Federal Register: September 29, 1994]

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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. CD-001]

Energy Conservation Program for Consumer Products; Denial of 

Miele Appliance Inc.'s Application for Interim Waiver and Publishing of 

the Company's Petition for Waiver From the Existing Department of 

Energy Clothes Dryer Test Procedure

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

Energy.

SUMMARY: Today's notice publishes a letter denying an Interim Waiver to 

Miele Appliance Inc. (Miele) from the existing Department of Energy 

(DOE or Department) clothes dryer test procedure for its clothes dryer 

models T1515A, T1520, T1565CA, and T1570C with a reverse tumble feature 

which Miele contends allows it to use a smaller capacity drum for a 

larger clothes dryer load. The existing clothes dryer test procedure 

does not have any recognition of the reverse tumble design feature.

 Today's notice also publishes a ``Petition for Waiver'' from Miele. 

Miele's Petition for Waiver requests DOE to grant relief from the DOE 

clothes dryer test procedure relating to its clothes dryer models 

T1515A, T1520, T1565CA, and T1570C. The appendices to Miele's letter 

were not suitable for publication in the Federal Register and are 

available upon request from the contact person listed below.

 Miele seeks to revise the definitions of compact and standard size 

clothes dryers in the test procedure. DOE is soliciting comments and 

information regarding the Petition for Waiver. Specifically, the 

Department is seeking technical information/data on how the reverse 

tumble feature affects test load capacity.

DATES: DOE will accept comments, data, and information not later than 

October 31, 1994.

ADDRESSES: Written comments and statements shall be sent to: Department 

of Energy, Office of Energy Efficiency and Renewable Energy, Case No. 

CD-001, Mail Stop EE-431, Room 5E-066, Forrestal Building, 1000 

Independence Avenue, SW, Washington, DC, 20585 (202) 586-7140.

FOR FURTHER INFORMATION CONTACT:

P. Marc LaFrance U.S. Department of Energy, Appliance Standards 

Division, Office of Codes and Standards, Office of Building 

Technologies, Office of Energy Efficiency and Renewable Energy, Mail 

Stop 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 Stop GC-72, Forrestal Building, 1000 Independence Avenue, 

SW, Washington, DC 20585, (202) 586-9507

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SUPPLEMENTARY INFORMATION: 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. These test procedures appear at 

10 CFR Part 430, Subpart D.

 DOE 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 dryers models T1515A, T1520, T1565CA, 

and T1570C with a reverse tumble feature. Miele states in its April 5, 

1994 submission that ``The specific design characteristics [reverse 

tumble feature] of the Miele clothes dryer make the classification of 

the product as 'compact' totally unrepresentative of the products' true 

energy consumption characteristics and provides materially inaccurate 

comparative data.'' The existing clothes dryer test procedure does not 

have any recognition of the reverse tumble design feature in 

determining dryer size or class.

 Miele has informed the Department (telephone conversation with 

Miele's representative, Mr. John A. Hodges, early April, 1994) that if 

its clothes dryers were tested as a compact (3 pound test load), they 

would not meet the minimum energy conservation standard for the class 

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of 120 volt, electric, compact capacity clothes dryers. However, the 

Miele clothes dryers have been tested as standard (7 pound test load) 

and exceeded the minimum energy conservation standard for the class of 

electric, standard capacity clothes dryers.

 On April 27, 1994, the Department received a letter, dated April 

22, 1994, from the Whirlpool Corporation (Whirlpool) opposed to Miele's 

Petition for Waiver and Application for Interim Waiver. On April 29, 

1994, the Department received a letter from the General Electric 

Company (GE) also opposed to Miele's Petition for Waiver and 

Application for Interim Waiver. On May 13, 1994, the Department 

received a letter dated May 5, 1994, from the Speed Queen Company 

(Speed Queen) opposed to Miele's Petition for Waiver. On May 13, 1994, 

Miele provided rebuttal comments.

 On May 20, 1994, Miele provided additional information on the 

impact of reverse tumble action on drying large loads. The Department 

has reviewed all the comments and believes that the majority of these 

comments relate to engineering issues which should be fully debated 

during the Petition for Waiver comment period. The Department is 

interested in the maximum load capability of compact clothes dryers and 

any data regarding energy consumption with larger loads. Additionally, 

the Department is interested in seeking technical information/data on 

how the reverse tumble feature affects load capacity.

 Miele states in its initial submission to the Department that 

``Miele Appliance, Inc. is a small company with under 50 employees and 

will suffer great and irreparable economic hardship if it cannot sell 

its line of clothes dryers as standard.'' Miele further states that 

since its clothes dryer is intended to be sold with its standard size 

front loading clothes washer, ``an inability to sell the clothes dryer 

as standard will cripple sales of washing machines as well.'' Miele 

also states that ``since the revenue from the sale of laundry products 

is essential to the financial well being of the company, the regulatory 

prohibition of sales of the clothes dryers as standard will jeopardize 

the company and result in loss of employment.''

 To grant an Interim Waiver, one of three criteria, supra, must be 

met. First, in regards to ``economic hardship,'' Miele has indicated 

that failure to sell its clothes dryers as ``standard size'' will 

impact the sale of its laundry products and result in loss in 

employment. However, Miele did not specify any historical nor future 

anticipated revenue loss from these particular models in question. 

Furthermore, Miele did not provide any financial data relative to its 

company nor the financial affiliation of its parent company. The 

Department agrees that the loss of sales of any product will 

financially affect a company, however, the Department does not believe 

that Miele has demonstrated that it would cause economic hardship.

 Second, in regards to ``it appears likely that the Petition for 

Waiver will be granted,'' the Department questions whether the Petition 

for Waiver will be granted. A waiver can be granted for either one of 

two reasons. The first is if a product has design features which the 

test procedure is not capable of testing, and the second is if the test 

procedure provides results which are unrepresentative of its true 

energy consumption as to provide materially inaccurate comparative 

data. Miele certainly can test its products with the Department's test 

procedure. However, in regards to the test procedure providing 

materially inaccurate comparative data, the Department has concern. 

This concern is primarily raised by the appearance that Miele is 

actually submitting the Petition for Waiver to allow its products to 

meet the minimum energy conservation standard versus the test procedure 

providing results which are materially unrepresentative. The Department 

believes that Miele has not demonstrated that the results will provide 

``materially inaccurate comparative data,'' even though Miele contends 

its dryers are more efficient with larger loads. The Department hopes 

to receive additional data in response to today's publication of the 

Miele Petition for Waiver.

 Third, in regards to ``it would be desirable for public policy 

reasons,'' Miele has indicated that denial of the Waiver would be 

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destructive to the company and anticompetitive. The Department does not 

believe that either conclusion was demonstrated by Miele. Further, 

Miele indicated that denial of the Waiver blocks innovative, improved 

designs. The company is seeking through the waiver process to meet the 

minimum standard level by having its machine reclassified as a 

``standard'' clothes dryer rather than a ``compact'' clothes dryer. 

With the reverse tumble feature, the Miele clothes dryer does not meet 

the 120v, compact, electric, clothes dryer minimum energy efficiency 

standard. Innovative improved designs are not being blocked. The 

technical merits of the reverse tumble feature must be fully developed 

in the Petition for Waiver procedure.

 Therefore, for the reasons stated above, the Department denies 

Miele's Application for Interim Waiver for its clothes dryers models 

T1515A, T1520, T1565CA, and T1570C. Pursuant to paragraph (e) of 

Sec. 430.27 of Title 10 Code of Federal Regulations Part 430, the 

following letter denying the Application for Interim Waiver to Miele 

was issued.

 Pursuant to paragraph (b) of 10 CFR part 430.27, DOE is hereby 

publishing the ``Petition for Waiver'' in its entirety. The Petition 

contains no confidential information. DOE would appreciate comments, 

data and other information regarding the Petition, discussed above.

 Issued in Washington, DC, September 21, 1994.

Christine A. Ervin,

Assistant Secretary, Energy Efficiency and Renewable Energy.

Department of Energy, Washington, DC 20585, September 21, 1994

Mr. Nick Ord,

Vice-President and General Manager,

Miele Appliances Inc.,

22D Worlds Fair Drive,

Somerset, NJ 08873

Dear Mr. Ord:

 This is in response to your Petition for Waiver and Application 

for Interim Waiver of April 5, 1994, amended on April 20, 1994, and 

April 22, 1994, from the Department of Energy (DOE or Department) 

test procedure regarding Miele Appliances Inc. (Miele) clothes dryer 

models T1515A, T1520, T1565CA, and T1570C.

 You have indicated that your clothes dryers have a reverse 

tumble feature which allows them to use a smaller capacity drum for 

a larger clothes dryer load. You further stated, ``The specific 

design characteristics of the Miele clothes dryer make the 

classification of the product as `compact' totally unrepresentative 

of the product's true energy consumption characteristics and 

provides materially inaccurate comparative data.''

 For the reasons stated infra, the Department denies Miele's 

Application for Interim Waiver for its clothes dryers models T1515A, 

T1520, T1565CA, and T1570C.

 In order for the Department to be able to grant Miele an Interim 

Waiver, it must be 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.

 In regards to ``economic hardship,'' Miele has indicated that 

failure to sell its clothes dryers as ``standard size'' will impact 

the sale of its laundry products and result in loss in employment. 

However, Miele did not specify any historical nor future anticipated 

revenue loss from these particular models in question. Furthermore, 

Miele did not provide any financial data relative to its company nor 

the financial affiliation of its parent company. The Department 

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agrees that the loss of sales of any product will financially affect 

a company, however the Department does not believe that Miele has 

demonstrated that it would cause economic hardship.

 Second, in regards to ``it appears likely that the Petition for 

Waiver will be granted,'' the Department questions whether the 

Petition for Waiver will be granted. A waiver can be granted for 

either one of two reasons. The first is if a product has design 

features which the test procedure is not capable of testing, and the 

second is if the test procedure provides results which are 

unrepresentative of its true energy consumption as to provide 

materially inaccurate comparative data. Miele certainly can test its 

products with the Department's test procedure. However, in regards 

to the test procedure providing materially inaccurate comparative 

data, the Department has concern. This concern is primarily raised 

by the appearance that Miele is actually submitting the Petition for 

Waiver to allow its products to meet the minimum energy conservation 

standard versus the test procedure providing results which are 

materially unrepresentative. The Department believes that Miele has 

not demonstrated that the results will provide ``materially 

inaccurate comparative data,'' even though Miele contends its dryers 

are more efficient with larger loads. The Department hopes to 

receive additional data in response to the publication of the Miele 

Petition for Waiver.

 Third, in regards to ``it would be desirable for public policy 

reasons,'' Miele has indicated that denial of the Waiver would be 

destructive to the company and anticompetitive. The Department does 

not believe that either conclusion was demonstrated by Miele. 

Further, Miele indicated that denial of the Waiver blocks 

innovative, improved designs. The company is seeking through the 

waiver process to meet the minimum standard level by having its 

machine reclassified as a ``standard'' clothes dryer rather than a 

``compact'' clothes dryer. With the reverse tumble feature, the 

Miele clothes dryer does not meet the 120v, compact, electric, 

clothes dryer minimum energy efficiency standard. Innovative 

improved designs are not being blocked. The technical merits of the 

reverse tumble feature must be fully developed in the Petition for 

Waiver procedure.

 The Department will publish the Petition for Waiver in the 

Federal Register and conduct a formal rulemaking so that the 

technical merits of the submission can be fully developed.

 If there are any questions, please contact Mr. Michael McCabe of 

my staff at (202)-586-9155.

 Sincerely,

Christine A. Ervin,

Assistant Secretary, Energy Efficiency and Renewable Energy

April 5, 1994

Assistant Secretary, Energy Efficiency and Renewable Energy, United 

States Department of Energy, Forrestal Building, 1000 Independence 

Avenue, S.W., Washington, DC 20585

Re: Application for Interim Waiver and Petition for Waiver, 10 

C.F.R., Subpart B, Appendix D--Uniform Test Method for Measuring the 

Energy Consumption of Clothes Dryers

Dear Assistant Secretary:

 Miele Appliances, Inc. hereby submits this Application for 

Interim Waiver and Petition for Waiver pursuant to Title 10 C.F.R. 

Sec. 430.27. This section provides for waiver of test methods on the 

grounds that a basic model contains design characteristics that 

either prevent testing according to the prescribed test procedure or 

produce data so unrepresentative of a covered product's true energy 

consumption characteristics as to provide materially inaccurate 

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comparative data.

 Miele Appliances, Inc., a Delaware corporation, is a small 

business with under 50 employees. It currently markets highly 

efficient, advanced-design vented and condenser (non-vented) clothes 

dryers to complement its front-loading, horizontal axis washing 

machines. These products perform as standard size products and 

handle standard capacity loads. They are marketed as standard 

capacity products. Integral to the design of Miele's clothes dryers 

is an advanced drum design that handles a standard load capacity 

with a drum size of 3.54 cu.ft.

 Despite the fact that the Miele clothes dryer has a standard 

load capacity, the DOE test procedure classifies it as ``compact.'' 

According to the DOE test method for measuring the energy 

consumption of clothes dryers, 10 C.F.R. Subpart, B, Appendix D, the 

Miele clothes dryers are classified as ``compact'' (id. Sec. 1.3) 

since their drum size of 3.54 cu.ft. is less than the DOE definition 

of ``standard.'' The definition of ``standard'' is equal to or 

greater than 4.4 cubic feet (id. Sec. 1.9). The definitions of 

``standard'' and ``compact'' were adopted by DOE many years ago\1\ 

and to not take into account the advanced Miele design.

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 \1\The DOE test procedure was adopted in 1981, 46 Fed. Reg. 

27326 (May 19, 1981). The definitions of ``standard'' and 

``compact'' in the test procedure were carried over from definitions 

adopted in 1977 by the predecessor agency to DOE, the Federal Energy 

Administration.

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 The specific design characteristics of the Miele clothes dryers 

make the classification of the products as ``compact'' totally 

unrepresentative of the products' true energy consumption 

characteristics and provide materially inaccurate comparative data. 

This treatment essentially locks Miele out of the market for 

standard clothes dryers in the United States, which would be 

manifestly unfair and discriminatory.

 To remedy this unfairness and discrimination, Miele Appliances, 

Inc. urgently requests an Interim Waiver and a Waiver to permit its 

clothes dryers to be treated as ``standard size'' for purposes of 

the test procedure and to determine compliance with the related 

federal efficiency standard.

 Miele clothes dryers are clearly designed to operate as 

``standard size'' dryers. They are designed to pair with Miele's 

standard clothes washer. They handle a standard load. When tested as 

``standard size,'' the clothes dryer easily exceeds the minimum DOE 

energy requirements for ``standard size'' clothes dryers (10 C.F.R. 

Sec. 430.32(h)). More specifically:

 The Miele clothes dryers are designed to complement 

Miele's front-loading washing machines, Models W1918 and W1930. (See 

product literature, attached hereto as Appendix 1.) These washing 

machines are classified by DOE as being of ``standard'' capacity, 

since their drum capacity exceeds the 1.6 cubic feet minimum 

capacity required for classification as ``standard''. (See 

independent ETL testing verification, Appendix 2.)

 When the Miele clothes dryers are tested as 

``standard'' appliances according to the prescribed DOE 

requirements, all models easily comply with the energy consumption 

requirements. (See independent ETL testing verification, Appendix 

3.)

 Miele clothes dryers are able to achieve these 

``standard'' energy efficient rating despite their drum size, 

because of specific design characteristics, namely:

--Miele clothes dryers have reverse tumble action. Unlike 

conventional drum dryers, Miele dryers rotate clockwise (60 

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seconds), stop and then rotate counterclockwise (60 seconds). This 

procedure is continued through all aspects of the drying cycle. The 

purpose of this reverse tumble action is to be able to dry a 

standard load of fabrics evenly, since by rotating in both 

directions the fabrics cannot roll up a ball. This avoids having the 

fabrics being dry on the outside and wet/damp on the inside, as 

would otherwise happen in a product with this drum size.

--Miele clothes dryers have a lower amperage than do larger drum 

dryers. Miele clothes dryers are rated at 15 amps in contrast to 30 

amps to larger drum dryers. Miele clothes dryers also have lower 

heat output, i.e., the clothes are dried at lower temperatures than 

conventional 30 amp dryers.

 Miele's line of condenser dryers have additional special design 

characteristics. Miele condenser dryers do not vent the exhaust air 

to the outside, but rather convert the hot, humid air to water 

inside the appliance. This technology benefits those dwellers of 

high-rise apartments, who in many cases have no way to vent to the 

outside, or at least not without considerable remodelling/

construction expense. This advantageous design characteristic 

produces a more complex drying process than the regular vented 

dryer, yet when tested as a ``standard'' appliance, complies with 

the DOE energy efficiency standard.

 The Miele clothes washer and clothes dryer are marketed and 

intended to be used as a standard laundry pair. If the clothes dryer 

were forced to be classified as ``compact,'' it would jeopardize the 

market for both the clothes washer and clothes dryer. Compact 

clothes dryers are perceived in the marketplace as being very 

different from a standard clothes dryer. Compact clothes dryers are 

perceived as having fewer features and therefore less desirable than 

standard clothes dryers.

 In light of the foregoing, Miele requests an Interim Waiver and 

Waiver that will make the following amendments to 10 C.F.R., Subpart 

B. Appendix D, with respect to Miele clothes dryers Models T1515A, 

T1520, T1565CA, and T1570C [additions underlined]:

 1.3 ``Compact'' or ``compact size'' means a clothes dryer with a 

drum capacity of less than 4.4 cubic feet, except that a clothes 

dryer with a drum capacity meeting the requirements of Section 1.9 

shall be deemed to be a ``standard size'' clothes dryer and shall be 

tested pursuant to the testing conditions and test procedures for 

``standard size'' clothes dryers.

* * * * *

 1.9 ``Standard size'' means a clothes dryer with a drum capacity 

of 4.4 cubic feet or greater, except that a clothes dryer with a 

drum capacity of 3.50 cubic feet or greater with reverse tumble 

action that alternately rotates the drum clockwise and 

counterclockwise during the drying cycle to dry a standard size 

drying load shall be deemed to be ``standard size'' clothes dryer 

and shall be tested pursuant to the testing conditions and test 

procedures for ``standard size'' clothes dryers.

 Miele Appliances, Inc. requests immediate relief by grant of the 

proposed Interim Waiver. Grant of an Interim Waiver is fully 

justified:

 Economic Hardship--Miele Appliances, Inc. is a small company 

with under 50 employees and will suffer great and irreparable 

economic hardship if it cannot sell its line of clothes dryers as 

standard. If Miele clothes dryers are not treated as standard, they 

will in effect be denied effective access to the United States 

market. Beyond that, since the Miele clothes dryer is intended to be 

sold as a pair with one of the Miele energy and water efficient 

standard size front-loading washing machines discussed above (and 

depicted in Appendix 1), an inability to sell the clothes dryer as 

standard will cripple sales of the washing machine as well. Since 

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the revenue from the sale of laundry products is essential to the 

financial well-being of the company, the regulatory prohibition of 

sales of the clothes dryer as standard will jeopardize the company 

and result in loss of employment.

 Significant investment has already been made in developing Miele 

clothes dryers that comply with recognized United States safety 

testing standards. An inability to sell the products as standard 

size due to regulatory action would not allow Miele to recoup these 

significant investments, the financial consequences of which would 

further jeopardize the company.

 To comply with the DOE definition of a ``standard'' clothes 

dryer, i.e., a drum size equal to or greater than 4.4 cubic feet, 

Miele would have to initiate great manufacturing and tooling changes 

in order to produce such a product. The huge investments needed to 

accomplish this would result in a significant increase in the 

manufacturing cost of the clothes dryers, which would not benefit 

consumers and would simply result in substantially higher cost to 

the consumer. This would render Miele products totally 

uncompetitive. Consequently, the financial well-being of the company 

would rapidly deteriorate.

 Likely Approval of Waiver--The Petition for Waiver is likely to 

be granted, because the design characteristics of the clothes dryers 

are intended to allow the products to function as energy-efficient 

``standard'' clothes dryers. In addition, it is manifestly unfair to 

classify the Miele clothes dryer as being ``compact'' even though it 

performs as a ``standard'' clothes dryer and is designed to 

complement the matching Miele clothes washer, which is classified by 

DOE as being of ``standard'' capacity. An independent testing 

company has verified that when tested according to DOE testing 

procedures as a ``standard'' clothes dryer, Miele dryers easily 

comply with the consumption requirements.

 Only a relatively small number of clothes dryers will be sold by 

Miele Appliances, Inc. in the time period between Interim Waiver and 

Waiver. During this time, whether the clothes dryers are classified 

as ``compact'' or ``standard,'' this would have a negligible impact 

on energy consumed or consumer decisions. Any such impact would be 

beneficial.

 Public Policy Merits--Miele clothes dryers, when classified as 

``standard'' capacity appliances, comply with DOE energy consumption 

requirements. Therefore, consumers should not be denied access to 

these energy-efficient appliances, and this is an additional reason 

why the requested Interim Waiver should receive prompt approval. The 

basic purpose of the Energy Policy and Conservation Act, as amended 

by the National Appliance Energy Conservation Act, is to foster 

purchase of energy-efficient appliances, not hinder such purchases. 

The granting of the Waiver and Interim Waiver will promote this 

policy and will result in increased energy savings.

 Miele clothes dryers have been shown to be highly energy 

efficient. These space-saving products provide an energy efficient 

solution to families living in city dwellings where space for 

laundry products is limited. The dryer can energy-efficiently dry a 

``standard'' load size, yet take up a small amount of floor space. 

The condenser dryer also makes a dryer available to households where 

for physical, structural reasons a vented dryer could otherwise not 

be installed. Miele clothes dryers thus offer benefits in the public 

interest. To encourage and foster the availability of these energyefficient products is in the public interest.

 Standards should not be used as a means to block innovative, 

improved designs.\2\ Miele's design is an innovative and improved 

way to dry a standard load of laundry and provides substantial 

benefits to the public. DOE's rules should accommodate and 

encourage--not act to block--such a product.

---------------------------------------------------------------------------

 \2\See FTC Advisory Opinion No. 457, TRR 1718.20 (1971 Transfer 

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Binder); 49 Fed. Reg. 32213 (Aug. 13, 1984); 52 Fed. Reg. 49141, 

49147-48 (Dec. 30, 1987).

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 Granting the Interim Waiver and Waiver will also eliminate a 

non-tariff trade barrier.

 Furthermore, the success of small business has wide-reaching 

public policy benefits. In the case of Miele Appliances, Inc., 

continued employment creation and ongoing investments in its 

marketing, sales and servicing activities will be fostered by 

approval of the requested Interim Waiver. Conversely, denial of the 

requested Waiver and Interim Waiver would be destructive to the 

company and would be anticompetitive.

 Thank you for your timely attention to this request for Interim 

Waiver and Waiver. We hereby certify that all clothes dryer 

manufacturers of domestically marked units known to Miele 

Appliances. Inc. have been notified by letter of this application, 

copies of which are attached (Appendix 4).

 Sincerely,

Nick Ord,

Vice-President and General Manager Miele Appliances, Inc.

Enclosures (Appendices 1-4)

[FR Doc. 94-24127 Filed 9-28-94; 8:45 am]

BILLING CODE 6450-01-P

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