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[Federal Register Volume 79, Number 15 (Thursday, January 23, 2014)]
[Notices]
[Pages 3785-3787]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-01292]

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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. CD-009]

Energy Conservation Program for Consumer Products: Decision and 
Order Granting a Waiver to Indesit Company 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.

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SUMMARY: The U.S. Department of Energy (DOE) gives notice of the

[[Page 3786]]

decision and order (Case No. CD-009) that grants to Indesit Company 
(Indesit) a waiver from the DOE clothes dryer test procedure. The 
waiver pertains to the models of condensing residential clothes dryer 
specified in Indesit's petition. Condensing clothes dryers cannot be 
tested using the currently applicable DOE test procedure. Under today's 
decision and order, Indesit 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 January 23, 2014.

FOR FURTHER INFORMATION CONTACT:
Mr. Bryan Berringer, U.S. Department of Energy, Building Technologies 
Office, Mail Stop EE-5B, Forrestal Building, 1000 Independence Avenue 
SW., Washington, DC 20585-0121. Telephone: (202) 586-0371. Email: 
Bryan.Berringer@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. Email: 
Elizabeth.Kohl@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 Indesit 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 DOE's amended standards for clothes 
dryers, established by direct final rule in 2011. (76 FR 22454, April 
21, 2011). The compliance date of these standards is January 1, 2015. 
(76 FR 26656, May 9, 2011).
Issued in Washington, DC, on January 16, 2014.

Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

Decision and Order

    In the Matter of: Indesit Company (Case No. CD-009).

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))
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    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part B was re-designated Part A.
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    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.
    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 effect pursuant to the provisions of 10 CFR 
430.27(m).
    On October 22, 2013, Indesit 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. Indesit seeks a waiver from the applicable test procedure 
for its Ariston TCL73XNA and TCL73XSNA condensing clothes dryers 
because, Indesit 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, Indesit 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 condensing 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. Indesit plans to market its 
condensing clothes dryers for situations in which a conventional vented 
clothes dryer cannot be used, such as high-rise apartments and other 
buildings where exhaust venting is not practical or is cost 
prohibitive.
    The Indesit petition requests that DOE grant a waiver from the 
existing test procedure to allow for the sale of two models (TCL73XNA 
and TCL73XSNA) until DOE prescribes final test procedures and minimum 
energy conservation standards appropriate to condensing clothes dryers. 
Similar to the other manufacturers of condensing clothes dryers, 
Indesit did not include an alternate test procedure in its petition.

Assertions and Determinations

Indesit's Petition for Waiver
    On October 22, 2013, Indesit 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 November 13, 2013, DOE published in the Federal 
Register a petition for waiver from Indesit for its condensing clothes 
dryer and granted Indesit an interim waiver from the test procedure. 
DOE received no comments on the petition. DOE granted similar waivers 
for the same type of clothes dryer to Bosch (BSH) (76 FR 33271, June 8, 
2011), Miele Appliance, Inc. (Miele) (60 FR 9330, February 17, 1995; 76 
FR 17637, March 30, 2011), LG Electronics (73 FR 66641, November 10, 
2008), Whirlpool Corporation (74 FR 66334, December 15, 2009), General 
Electric (75 FR 13122, March 18, 2010), and ASKO Appliances, Inc. 
(ASKO) (78 FR 53446, August 29, 2013). Indesit claims that its 
condensing clothes dryers cannot be tested pursuant to the DOE 
procedure and requests that the same waiver granted to other 
manufacturers be granted for Indesit's Ariston TCL73XNA and TCL73XSNA 
models.

[[Page 3787]]

    Therefore, for the reasons discussed above, and in light of the 
previous waivers to other manufacturers, DOE grants Indesit's petition 
for waiver from testing of its Ariston TCL73XNA and TCL73XSNA condenser 
clothes dryers.
Consultations With Other Agencies
    DOE consulted with the Federal Trade Commission (FTC) staff 
concerning the Indesit petition for waiver. The FTC staff did not have 
any objections to granting a waiver to Indesit.
Conclusion
    After careful consideration of all the material that was submitted 
by Indesit and consultation with the FTC staff, it is ordered that:
    (1) The petition for waiver submitted by Indesit Company (Case No. 
CD-009) is hereby granted as set forth in the paragraphs below.
    (2) Indesit shall not be required to test or rate its Ariston 
TCL73XNA and TCL73XSNA 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 Indesit's petition. Indesit 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 January 16, 2014.
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Kathleen B. Hogan
Deputy Assistant Secretary for Energy Efficiency Energy Efficiency and 
Renewable Energy

[FR Doc. 2014-01292 Filed 1-22-14; 8:45 am]
BILLING CODE 6450-01-P
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