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[Federal Register Volume 78, Number 168 (Thursday, August 29, 2013)]
[Notices]
[Pages 53448-53449]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-21123]

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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.

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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.
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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. (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

[[Page 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 in-unit 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
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