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[Federal Register Volume 78, Number 132 (Wednesday, July 10, 2013)]
[Notices]
[Pages 41387-41389]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-16566]

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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. CD-008]

Petition for Waiver and Notice of Granting the Application for 
Interim Waiver of ASKO Appliances Inc. From the DOE Residential Clothes 
Dryer Test Procedure

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

ACTION: Notice of Petition for Waiver, Granting of Application for 
Interim Waiver, and Request for Public Comments.

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SUMMARY: This notice announces receipt of and publishes the ASKO 
Appliances Inc. (ASKO) petition for waiver 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 ASKO'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 ASKO an interim 
waiver from the DOE test procedure applicable to residential clothes 
dryers. DOE solicits comments, data, and information concerning ASKO's 
petition.

DATES: DOE will accept comments, data, and information with respect to 
ASKO's Petition until August 9, 2013.

ADDRESSES: You may submit comments, identified by case number CD-008, 
by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: AS_Waiver_Requests@ee.doe.gov. Include the case 
number [Case No. CD-008] in the subject line of the message.
     Mail: Ms. Brenda Edwards, U.S. Department of Energy, 
Building Technologies Program, Mailstop EE-2J, Petition for Waiver Case 
No. CD-008, 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 and comments received, 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 9:00 a.m. and 4:00 p.m., Monday through Friday, except Federal 
holidays. Please call Ms. Brenda Edwards at the above telephone number 
for additional information regarding visiting the Resource Room.

FOR FURTHER INFORMATION CONTACT: Mr. Bryan Berringer, U.S. Department 
of Energy, Building Technologies Program, Mail Stop EE-2J, Forrestal 
Building, 1000 Independence Avenue SW., Washington, DC 20585-0121. 
Telephone: (202) 586-0371. 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.

[[Page 41388]]

Telephone: (202) 286-4224. Email: James.Silvestro@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 residential 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.
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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 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(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. 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 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 if 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. 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).
    Please note that on January 6, 2011, DOE published a test procedure 
final rule (76 FR 1032) to include provisions for testing ventless 
clothes dryers. The rule became effective on February 7, 2011, and 
requires compliance on or after January 1, 2015. Ventless clothes 
dryers manufactured on or after January 1, 2015, must be tested with 
the new DOE test procedure.

II. Petition for Waiver of Test Procedure

    On June 19, 2013, ASKO 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. ASKO seeks a waiver from the applicable test procedure for 
its Bosch T744C, T754C, and T794C condensing clothes dryers because, 
ASKO 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. 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), and General Electric (75 FR 13122, March 18, 2010). ASKO 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 ASKO's T744C, T754C, and T794C models.
    In support of its petition, ASKO 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. ASKO 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 ASKO petition requests that DOE grant a waiver from the 
existing test procedure to allow for the sale of three new models 
(T744C, T754C, and T794C) 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, ASKO did not include an alternate test procedure in its 
petition.

III. Application for Interim Waiver

    ASKO also requests an interim waiver from the existing DOE test 
procedure for immediate relief. 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 if 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 has determined that ASKO'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 ASKO might experience absent a favorable determination on its 
application for interim waiver. DOE understands, however, that the ASKO 
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 BSH, Miele, 
LG, Whirlpool and GE for similar products. It is in the public interest 
to have similar products tested and rated for energy consumption on a 
comparable basis, where possible. Further, DOE has determined that

[[Page 41389]]

ASKO is likely to succeed on the merits of its petition for waiver and 
that it is desirable for policy reasons to grant immediate relief.

IV. Interim Waiver Granted

    For the reasons stated above, DOE grants ASKO'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 ASKO is hereby granted 
for ASKO's T744C, T754C, and T794C condensing clothes dryers. Until a 
final decision is made on its petition for waiver, ASKO shall not be 
required to test its T744C, T754C, and T794C 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. 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. 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.

V. Summary and Request for Comments

    Through today's notice, DOE grants ASKO an interim waiver from the 
specified portions of the test procedure applicable to ASKO's T744C, 
T754C, and T794C condensing clothes dryers and announces receipt of 
ASKO's petition for waiver from those same portions of the test 
procedure. DOE publishes ASKO'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. Michael 
Wasson, ASKO Appliances, Inc., P.O. Box 940609, Plano, TX 75094-0609. 
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 July 3, 2013.
Kathleen B. Hogan,
 Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency 
and Renewable Energy

June 19, 2013

Dr. David Danielson
Assistant Secretary, Energy Efficiency & Renewable Energy
U.S. Department of Energy
Mail Station EE-1
1000 Independence Avenue, SW
Washington, DC 20585
Daivid.danielson@ee.doe.com

Re: Petition of Waiver and Application for Interim Waiver, ASKO 
Condenser Dryers

Dear Assistant Secretary Danielson,

ASKO Appliances Inc. (ASKO) hereby submits this Petition of Waiver 
and Application for Interim Waiver, pursuant to 10 CFR 430.27, for 
new condenser clothes dryers.
ASKO manufactures washers, dryers, and dishwashers sold in the 
United States.
This petition and application based on the following major points:

    1. ASKO's petition for new dryer base models T744C, T754C, and 
T794C for introduction 2013.
    2. Petitions for similar products issued to manufactures such as 
Miele, Bosch, and Whirlpool.
    3. ASKO's condenser dryers are the same concept and principle, 
except for external venting, in relation to the test procedures in 
10 CFR, part 430, subpart B, appendix D Uniform Test Method for 
Measuring the Energy Consumption of Clothes Dryers.
    4. The test procedure does not define or mention measuring the 
energy for condenser dryers.

Additional information is that the same test performed on condenser 
and vented dryers and condenser dryers have virtually the same 
energy use as vented dryers.
The lack of relief would impose an economic hardship by not allowing 
ASKO to compete with competition with similar products in USA.
The petition and application warrants approval on the grounds of 
design characteristics that prevent the testing according to 10 CFR, 
part 430, subpart B, appendix D.
ASKO would be available for any further discussions on the design 
and use of condenser dryers with DOE.
Asko will notify all Clothes dryer manufactures of domestically 
marketed units known to ASKO of this petition and application by 
mail.

Sincerely,
Michael Wasson, CTO
michaelwasson@askousa.com
Phone (972) 941-1948
ASKO Appliances, Inc.
Street Address:
4001 E. Plano Pkwy Ste. 100
Plano, TX 75074
972-941-1900
Fax 972-941-1901
www.askousa.com
Mailing Address:
P.O. Box 940609
Plano, TX 75094-0609

[FR Doc. 2013-16566 Filed 7-9-13; 8:45 am]
BILLING CODE 6450-01-P
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