53448 Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Notices 

1For editorial reasons, upon codification in the 

U.S. Code, Part B was re-designated Part A. 

and consultation with the FTC staff, it 

is ordered that: 

(1) The petition for waiver submitted 

by ASKO Appliances Inc. (Case No. CD– 

008) is hereby granted as set forth in the 

paragraphs below. 

(2) ASKO shall not be required to test 

or rate its T744C, T754C, and T794C 

condensing clothes dryer models on the 

basis of the test procedures at 10 CFR 

part 430, subpart B, appendix D. 

(3) This waiver shall remain in effect 

from the date this decision and order 

consistent with the provisions of 10 CFR 

430.27(m). 

(4) This waiver is issued on the 

condition that the statements, 

representations, and documentary 

materials provided by the petitioner are 

valid. DOE may revoke or modify this 

waiver at any time if it determines the 

factual basis underlying the petition for 

waiver is incorrect. 

(5) This waiver applies to only those 

models specifically set out in ASKO’s 

petition. ASKO 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. 

Grant of this petition for waiver also 

does not release a petitioner from any 

applicable certification requirements set 

forth at 10 CFR Part 429. 

Issued in Washington, DC, on August 23, 

2013. 

Kathleen Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

[FR Doc. 2013–21099 Filed 8–28–13; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. CD–007] 

Energy Conservation Program for 

Consumer Products: Decision and 

Order Granting a Waiver to BSH Home 

Appliances Corporation From the 

Department of Energy Residential 

Clothes Dryer Test Procedure 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Decision and Order. 

SUMMARY: The U.S. Department of 

Energy (DOE) gives notice of the 

decision and order (Case No. CD–007) 

that grants to BSH Home Appliances 

Corporation (BSH) a waiver from the 

DOE clothes dryer test procedure. The 

waiver pertains to the models of 

condensing residential clothes dryer 

specified in BSH’s petition. Condensing 

clothes dryers cannot be tested using the 

currently applicable DOE test 

procedure. Under today’s decision and 

order, BSH shall not be required to test 

and rate its specified models of 

residential condensing clothes dryer 

pursuant to the current test procedure. 

DATES: This Decision and Order is 

effective August 29, 2013. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Bryan Berringer, U.S. Department of 

Energy, Building Technologies Office, 

Mail Stop EE–2J, Forrestal Building, 

1000 Independence Avenue SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–0371. Email: 

Bryan.Berringer@ee.doe.gov. 

Mr. James Silvestro, 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) 286–4224. Email: 

James.Silvestro@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: In 

accordance with Title 10 of the Code of 

Federal Regulations (10 CFR), Section 

430.27(l), DOE gives notice of the 

issuance of its decision and order as set 

forth below. The decision and order 

grants BSH a waiver from the applicable 

residential clothes dryer test procedure 

at 10 CFR part 430 subpart B, appendix 

D, for the three models of condensing 

clothes dryer specified it its petition. 

DOE notes that it has promulgated a 

final test procedure for clothes dryers 

that provides a mechanism for testing 

condensing clothes dryers. (76 FR 972, 

Jan. 6, 2011). Use of this test procedure 

will be required on the compliance date 

of any amended standards for clothes 

dryers. DOE has also published a direct 

final rule establishing amended 

standards for clothes dryers, which 

establishes standards for condensing 

clothes dryers. (76 FR 22454, April 21, 

2011). 

Absent adverse comment that the 

Secretary determines may provide a 

reasonable basis for withdrawal of the 

direct final rule, DOE has proposed that 

the standards would become effective 

on January 1, 2015. (76 FR 26656, May 

9, 2011). Use of the final test procedure 

would also be required on that date. 

Issued in Washington, DC, on August 23, 

2013. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

Decision and Order 

In the Matter of: BSH Home 

Appliances Corporation (Case No. CD– 

007). 

Background 

Title III, Part B of the Energy Policy 

and Conservation Act of 1975 (EPCA), 

Pub. L. 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 

residential clothes washers 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 

current test procedure for clothes dryers 

is contained in 10 CFR part 430, subpart 

B, appendix D. 

DOE’s regulations contain provisions 

allowing a person to seek a waiver from 

the test procedure requirements for 

covered consumer products if at least 

one of the following conditions is met: 

(1) The petitioner’s basic model 

contains one or more design 

characteristics that prevent testing 

according to the prescribed test 

procedure, or (2) when 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(a)(1)) Petitioners must include in 

their petition any alternate test 

procedures known to the petitioner to 

evaluate the basic model in a manner 

representative of its energy 

consumption characteristics. (10 CFR 

430.27(b)(1)(iii)) 

The Assistant Secretary for Energy 

Efficiency and Renewable Energy (the 

Assistant Secretary) may grant a waiver 

subject to conditions, including 

adherence to alternate test procedures. 

(10 CFR 430.27(l)) Waivers remain in 


sroberts on DSK5SPTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Notices 53449 

effect pursuant to the provisions of 10 

CFR 430.27(m). 

On May 10, 2013, BSH filed a petition 

for waiver from the test procedures 

applicable to its Bosch WTB86200UC, 

WTB86201UC, and WTB86202UC 

product models of condensing clothes 

dryer. The applicable test procedure is 

contained in 10 CFR part 430, subpart 

B, appendix D—Uniform Test Method 

for Measuring the Energy Consumption 

of Clothes Dryers. BSH seeks a waiver 

from the applicable test procedure for 

its Bosch WTB86200UC, WTB86201UC, 

and WTB86202UC product models 

because, BSH asserts, design 

characteristics of these models prevent 

testing in accordance with the currently 

prescribed test procedure, as described 

in greater detail in the following 

paragraph. 

In support of its petition, BSH 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. BSH plans to market a condensing 

clothes dryer for situations in which a 

conventional vented clothes dryer 

cannot be used, such as high-rise 

apartments and condominiums, where 

construction and building design do not 

permit the use of external venting. 

Assertions and Determinations 

BSH’s Petition for Waiver 

On May 10, 2013, BSH filed a petition 

for waiver from the test procedure 

applicable to residential clothes dryers 

set forth in 10 CFR part 430, subpart B, 

appendix D for particular models of 

condensing clothes dryer. On June 19, 

2013, DOE published BSH’s petition for 

waiver and granted BSH an interim 

waiver from the current test procedure. 

(78 FR 36760) DOE did not receive any 

comments on the BSH petition. DOE 

previously granted BSH a waiver from 

test procedures for two similar 

condenser clothes dryer models. (76 FR 

33271, June 8, 2011)) 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), General 

Electric (75 FR 13122, Mar. 18, 2010), 

and Miele Appliance, Inc. (60 FR 9330, 

Feb. 17, 1995; 76 FR 17637, Mar. 30, 

2011). BSH claims that its condenser 

clothes dryers cannot be tested pursuant 

to the current test procedure and 

requests that the same waiver granted to 

other manufacturers be granted for 

BSH’s Bosch WTB86200UC, 

WTB86201UC, and WTB86202UC 

models. 

Therefore, for the reasons discussed 

above, and in light of the previous 

waivers to other manufacturers, DOE 

grants BSH’s petition for waiver from 

testing of its Bosch WTB86200UC, 

WTB86201UC, and WTB86202UC 

condenser clothes dryers. 

Consultations With Other Agencies 

DOE consulted with the Federal Trade 

Commission (FTC) staff concerning the 

BSH petition for waiver. The FTC staff 

did not have any objections to granting 

a waiver to BSH. 

Conclusion 

After careful consideration of all the 

material that was submitted by BSH and 

consultation with the FTC staff, it is 

ordered that: 

(1) The petition for waiver submitted 

by BSH, Inc. (Case No. CD–007) is 

hereby granted as set forth in the 

paragraphs below. 

(2) BSH shall not be required to test 

or rate its Bosch WTB86200UC, 

WTB86201UC, and WTB86202UC 

condensing clothes dryer models on the 

basis of the test procedures at 10 CFR 

part 430, subpart B, appendix D. 

(3) This waiver shall remain in effect 

from the date this decision and order 

consistent with the provisions of 10 CFR 

430.27(m). 

(4) This waiver is issued on the 

condition that the statements, 

representations, and documentary 

materials provided by the petitioner are 

valid. DOE may revoke or modify this 

waiver at any time if it determines the 

factual basis underlying the petition for 

waiver is incorrect. 

(5) This waiver applies to only those 

models specifically set out in BSH’s 

petition. BSH 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. 

Grant of this petition for waiver also 

does not release a petitioner from any 

applicable certification requirements set 

forth at 10 CFR Part 429. 

Issued in Washington, DC, on August 23, 

2013. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency Energy Efficiency and Renewable 

Energy 

[FR Doc. 2013–21123 Filed 8–28–13; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

Combined Notice of Filings 

Take notice that the Commission has 

received the following Natural Gas 

Pipeline Rate and Refund Report filings: 

Filings Instituting Proceedings 

Docket Numbers: RP13–1260–000. 

Applicants: Colorado Interstate Gas 

Company, L.L.C. 

Description: 2013 Penalties Assessed 

Compliance Filing of Colorado Interstate 

Gas Company, L.L.C. 

Filed Date: 8/20/13. 

Accession Number: 20130820–5037. 

Comments Due: 5 p.m. ET 9/3/13. 

Docket Numbers: RP13–1261–000. 

Applicants: Texas Eastern 

Transmission, LP. 

Description: Chesapeake 8929510 8– 

20–2013 Negotiated Rate to be effective 

8/20/2013. 

Filed Date: 8/20/13. 

Accession Number: 20130820–5059. 

Comments Due: 5 p.m. ET 9/3/13. 

Docket Numbers: RP13–1262–000. 

Applicants: Texas Eastern 

Transmission, LP. 

Description: Chesapeake 8929511 8– 

21–2013 Negotiated Rate to be effective 

8/21/2013. 

Filed Date: 8/20/13. 

Accession Number: 20130820–5060. 

Comments Due: 5 p.m. ET 9/3/13. 

The filings are accessible in the 

Commission’s eLibrary system by 

clicking on the links or querying the 

docket number. 

Any person desiring to intervene or 

protest in any of the above proceedings 

must file in accordance with Rules 211 

and 214 of the Commission’s 

Regulations (18 CFR 385.211 and 

385.214) on or before 5:00 p.m. Eastern 

time on the specified comment date. 

Protests may be considered, but 

intervention is necessary to become a 

party to the proceeding. 

eFiling is encouraged. More detailed 

information relating to filing 

requirements, interventions, protests, 

service, and qualifying facilities filings 

can be found at: http://www.ferc.gov/

docs-filing/efiling/filing-req.pdf. For 

other information, call (866) 208–3676 

(toll free). For TTY, call (202) 502–8659. 

Dated: August 21, 2013. 

Nathaniel J. Davis, Sr., 

Deputy Secretary. 

[FR Doc. 2013–21080 Filed 8–28–13; 8:45 am] 

BILLING CODE 6717–01–P 


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