53446 Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Notices 

the Federal agencies is preliminary and 

would not constitute a commitment to 

grant a Federal Authorization. 

Moreover, no agency would or could 

determine prior to the formal NEPA 

process that the Project Proponent’s 

proposed or preferred Study Corridors 

and Routes presented or discussed 

during the IIP Process would constitute 

a reasonable range of alternatives for 

NEPA purposes. As set forth in Section 

IX, the documents and communications 

developed in this process would be 

preserved by the Federal agencies and 

would, as appropriate, become part of 

any subsequent administrative record. 

Glossary 

Federal Authorization means any 

authorization required under Federal 

law to site a transmission facility, 

including permits, special use 

authorizations, certifications, opinions, 

or other approvals. This term includes 

authorizations issued by Federal and 

Non-Federal Entities that are 

responsible for issuing decisions that 

are called for under Federal law for a 

transmission facility. 

Federal Entities means any Federal 

agencies with relevant expertise or 

interests that may have jurisdiction 

pertinent to the project, are responsible 

for conducting permitting and 

environmental reviews of the proposed 

project or attendant facilities, or have 

special expertise with respect to 

environmental and other issues 

pertinent to or that are potentially 

affected by the project or its attendant 

facilities or providing funding for the 

same. Federal Entities include those 

with either permitting or non-permitting 

authority, for example, those entities 

with which consultation must be 

completed before authorizing a project. 

Geographic Areas of Concern means 

those areas that present challenges or 

conflicts that could increase the time 

needed for the Federal government to 

evaluate the application if the route(s) 

are is sited through such areas (e.g., 

right-of-way avoidance areas identified 

through agency land management plans, 

National Historic Landmarks, traditional 

religious and cultural properties 

significant to Indian tribe(s), National 

Scenic and Historic Trails, National 

Wildlife Refuges, units of the National 

Park System, marine sanctuaries). 

NEPA Lead Agency means the Federal 

agency, selected as provided for in this 

process pursuant to 40 CFR § 1501.5 to 

supervise the preparation of an 

environmental impact statement or an 

environmental assessment, as 

applicable, and to coordinate related 

Federal agency reviews. 

Non-Federal Entities means Indian 

Tribes, multistate entities, and State and 

local government agencies with relevant 

expertise that may have jurisdiction 

within the Project Area, are responsible 

for conducting permitting and 

environmental reviews of the proposed 

project or attendant facilities, or have 

special expertise with respect to 

environmental and other issues 

pertinent to or that are potentially 

affected by the project or its attendant 

facilities. Non-Federal Entities include 

those with either permitting or nonpermitting authority, for example those 

entities with whom consultation must 

be completed before authorizing a 

project. 

Project Area means the geographic 

area to be considered when developing 

potential Study Corridors for 

environmental review and potential 

project siting. It is an area located 

between the two end points of the 

project (e.g., substations), including 

their immediate surroundings within at 

least one-quarter mile of that area, and 

over any proposed intermediate 

substations. The size of the Project Area 

should be sufficient to allow for the 

evaluation of potential alternative 

Routes with differing environmental, 

engineering, and regulatory constraints. 

Note that the Project Area does not 

necessarily coincide with ‘‘permit area,’’ 

‘‘area of potential effect,’’ or ‘‘action 

area,’’ which are specific to types of 

regulatory review as determined by the 

NEPA Lead Agency or DOE in 

consultation with the Project Proponent. 

Project Proponent means a person or 

entity who initiates the IIP Process in 

anticipation of seeking Federal 

Authorizations for a Qualifying Project. 

Qualifying Projects means (1) (a) a 

non-marine high voltage transmission 

line (230 kV or above) and its attendant 

facilities or (b) a regionally or nationally 

significant non-marine transmission line 

and its attendant facilities, in which (2) 

all or part of the proposed transmission 

line is used for the transmission of 

electric energy in interstate commerce 

for sale at wholesale, and (3) all or part 

of the proposed transmission line (a) 

crosses jurisdictions administered by 

more than one Federal Entity or (b) 

crosses jurisdictions administered by a 

Federal Entity and is considered for 

Federal financial assistance from a 

Federal Entity. Qualifying Projects do 

not include those for which an 

application has been submitted to FERC 

for issuance of a permit for construction 

or modification of a transmission 

facility, or where a pre-filing procedure 

has been initiated, under section 216(b) 

of the Federal Power Act (16 U.S.C. 

824p (b)) (transmission lines within a 

DOE-designated National Interest 

Electric Transmission Corridors). 

Regional Mitigation Strategies means 

mitigation measures and a framework 

based on the results of regional, 

landscape or watershed-level analyses 

to directly compensate for project 

impacts. 

Route means a linear area within 

which a transmission line could be 

sited. A route is usually several hundred 

feet wide. It should be wide enough to 

allow minor adjustments in the 

alignment of the transmission line so as 

to avoid sensitive features or 

accommodate potential engineering 

constraints but narrow enough to allow 

detailed study of the entire area. 

Study Corridor means a contiguous 

area usually one mile to several miles 

wide within the Project Area where 

alternative Routes may be considered 

for further study. 

Issued in Washington, DC, August 23, 

2013. 

Patricia A. Hoffman, 

Assistant Secretary, Office of Electricity 

Delivery and Energy Reliability. 

[FR Doc. 2013–21098 Filed 8–28–13; 8:45 a.m.] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. CD–008] 

Energy Conservation Program for 

Consumer Products: Decision and 

Order Granting a Waiver to ASKO 

Appliances Inc. 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–008) 

that grants to ASKO Appliances Inc. 

(ASKO) a waiver from the DOE clothes 

dryer test procedure. The waiver 

pertains to the models of condensing 

residential clothes dryer specified in 

ASKO’s petition. Condensing clothes 

dryers cannot be tested using the 

currently applicable DOE test 

procedure. Under today’s decision and 

order, ASKO 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. 


sroberts on DSK5SPTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Notices 53447 

1For editorial reasons, upon codification in the 

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

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. 

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), 

§ 430.27(l), DOE gives notice of the 

issuance of its decision and order as set 

forth below. The decision and order 

grants ASKO 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: ASKO Appliances 

Inc. (Case No. CD–008). 

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 

effect pursuant to the provisions of 10 

CFR 430.27(m). 

On June 19, 2013, ASKO filed a 

petition for waiver from the test 

procedures applicable to its T744C, 

T754C, and T794C 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. ASKO seeks a waiver from the 

applicable test procedure for its T744C, 

T754C, and T794C product models 

because, ASKO asserts, design 

characteristics of these models prevent 

testing according to the currently 

prescribed test procedure, as described 

in greater detail in the following 

paragraph. 

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 

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. ASKO 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 

ASKO’s Petition for Waiver 

On June 19, 2013, ASKO 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 July 10, 2013, DOE published 

ASKO’s petition for waiver and granted 

ASKO an interim waiver from the 

current test procedure. (78 FR 41387) 

DOE did not receive any comments on 

the AKSO 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). 

ASKO 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 ASKO’s 

T744C, T754C, and T794C models. 

Therefore, for the reasons discussed 

above, and in light of the previous 

waivers to other manufacturers, DOE 

grants ASKO’s petition for waiver from 

testing of its T744C, T754C, and T794C 

condenser clothes dryers. 

Consultations With Other Agencies 

DOE consulted with the Federal Trade 

Commission (FTC) staff concerning the 

ASKO petition for waiver. The FTC staff 

did not have any objections to granting 

a waiver to ASKO. 

Conclusion 

After careful consideration of all the 

material that was submitted by ASKO 


sroberts on DSK5SPTVN1PROD with NOTICES
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