### 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 includethose 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.


### 53447 Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Notices

1 For 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


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

1 For 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