### 17637 Federal Register / Vol. 76, No. 61 / Wednesday, March 30, 2011 / Notices

require special accommodations due to a disability, please contact Reinhard Knerr as soon as possible in advance of the meeting at the telephone number listed above. Written statements may be
filed with the Board either before or after the meeting. Individuals who wish to make oral statements pertaining to agenda items should contact Reinhard Knerr at the telephone number listed above. Requests must be received as soon as possible prior to the meeting and reasonable provision will be made to include the presentation in the agenda. The Deputy Designated Federal Officer is empowered to conduct the meeting in a fashion that will facilitate the orderly conduct of business. Individuals wishing to make public comments will be provided a maximum of five minutes to present their

comments.

Minutes: Minutes will be available by writing or calling Reinhard Knerr at the address and phone number listed above.
Minutes will also be available at the following Web site: http:// www.pgdpcab.energy.gov/ 2011Meetings.html.

Issued at Washington, DC, on March 24,

2011. LaTanya Butler,
Acting Deputy Committee Management Officer.

[FR Doc. 2011–7442 Filed 3–29–11; 8:45 am]

**BILLING CODE 6450–01–P**

**DEPARTMENT OF ENERGY**

**Environmental Management Site Specific Advisory Board, Oak Ridge** 
**Reservation**

**AGENCY :**  Department of Energy.

**ACTION :**  Notice of open meeting.

**SUMMARY :**  This notice announces a meeting of the Environmental Management Site-Specific Advisory Board (EM SSAB), Oak Ridge Reservation. The Federal Advisory Committee Act (Pub. L. 92–463, 86 Stat. 770) requires that public notice of this meeting be announced in the Federal Register

.

**DATES :**  Wednesday, April 13, 2011, 6

p.m.

**ADDRESSES :**  DOE Information Center, 475 Oak Ridge Turnpike, Oak Ridge,

Tennessee 37830.

**FOR FURTHER INFORMATION CONTACT :**  Patricia J. Halsey, Federal Coordinator, Department of Energy Oak Ridge Operations Office, P.O. Box 2001, EM– 90, Oak Ridge, TN 37831. Phone (865) 576–4025; Fax (865) 576–2347 or e-mail: halseypj@oro.doe.gov or check the Web site at http://www.oakridge.doe.gov/em/
ssab.

**SUPPLEMENTARY INFORMATION :** 

Purpose of the Board: The purpose of
the Board is to make recommendations to DOE–EM and site management in the areas of environmental restoration, waste management, and related

activities.

Tentative Agenda: The main meeting presentation will be an update on the DOE- EM Oak Ridge Fiscal Year 2013 budget request.

Public Participation: The EM SSAB, Oak Ridge, welcomes the attendance of the public at its advisory committee meetings and will make every effort to accommodate persons with physical disabilities or special needs. If you require special accommodations due to a disability, please contact Patricia J. Halsey at least seven days in advance of the meeting at the phone number listed above. Written statements may be filed
with the Board either before or after the meeting. Individuals who wish to make oral statements pertaining to the agenda item should contact Patricia J. Halsey at the address or telephone number listed above. Requests must be received five days prior to the meeting and reasonable provision will be made to include the presentation in the agenda. The Deputy Designated Federal Officer is empowered to conduct the meeting in a fashion that will facilitate the orderly
conduct of business. Individuals wishing to make public comments will be provided a maximum of five minutes to present their comments. This notice is being published less than 15 days prior to the meeting date due to programmatic issues that had to be resolved prior to the meeting date.

Minutes: Minutes will be available by writing or calling Patricia J. Halsey at the address and phone number listed
above. Minutes will also be available at the following Web site: http:// www.oakridge.doe.gov/em/ssab/
minutes.htm.

Issued at Washington, DC, on March 24,

2011. LaTanya Butler,

Acting Deputy Committee Management Officer.

[FR Doc. 2011–7446 Filed 3–29–11; 8:45 am]

**BILLING CODE 6450–01–P DEPARTMENT OF ENERGY** 

**Office of Energy Efficiency and Renewable Energy** 

**[Case No. CD–005]**

**Energy Conservation Program for**
**Consumer Products: Decision and Order Granting a Waiver to Miele From**  **the Department of Energy Residential Clothes Dryer Test Procedure (Case**  **No. CD–005)**

**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–005) that grants to Miele, Inc. (Miele) a waiver from the DOE clothes dryer test procedure. The waiver pertains to the specified models of condensing residential clothes dryers specified in Miele’s petition. Condensing clothes dryers cannot be tested using the existing test procedure. Under today’s decision and order, Miele shall be not be required to test and rate its specified models of residential condensing clothes dryer pursuant to the DOE test procedure.

**DATES :**  This Decision and Order is effective March 30, 2011.

**FOR FURTHER INFORMATION CONTACT :**  Dr. Michael G. Raymond, U.S. Department of Energy, Building Technologies Program, Mailstop EE–2J, 1000 Independence Avenue, SW., Washington, DC 20585–0121. Telephone: (202) 586–9611; E-mail:

AS

_ Waiver

_Requests@ee.doe.gov.
Ms. Elizabeth Kohl, U.S. Department of Energy, Office of General Counsel, Mail Stop GC–71, 1000 Independence Avenue, SW., Washington, DC 20585– 0103, (202) 586–7796; E-mail : 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 Miele a waiver from the applicable residential clothes dryer test procedure at 10 CFR part 430 subpart B, appendix D, for the two models of condensing clothes dryers specified it its petition.


### 17638 Federal Register / Vol. 76, No. 61 / Wednesday, March 30, 2011 / Notices

1 For editorial reasons, upon codification in the U.S. Code, Part B was re-designated Part A.

Issued in Washington, DC, on March 24,

2011. Kathleen Hogan, Deputy Assistant Secretary for Energy Efficiency, Office of Technology Development, Energy Efficiency and Renewable Energy.

Decision and Order

In the Matter of: Miele, Inc. (Case No. CD–005)

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 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).

The waiver process also allows any interested person who has submitted a petition for waiver to file an application for an interim waiver of the applicable test procedure requirements. 10 CFR 430.27(a)(2). The Assistant Secretary will grant an interim waiver request if it is determined that the applicant will experience economic hardship if the interim waiver is denied, if it appears likely that the petition for waiver will be granted, and/or 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(g).

On November 3, 2010, Miele filed a petition for waiver from the test procedures applicable to its T8000 and T9000 product models of condensing clothes dryer. The applicable test procedures are contained in 10 CFR part 430, subpart B, appendix D–Uniform Test Method for Measuring the Energy Consumption of Clothes Dryers. Miele seeks a waiver from the applicable test procedures for its T8000 and T9000 basic product models because, Miele asserts, design characteristics of this model prevent testing according to the currently prescribed test procedures. DOE previously granted Miele a waiver from test procedures for two similar condenser clothes dryer models (T1565CA and T1570C). (60 FR 9330, Feb. 17, 1995). Miele claims that its condenser clothes dryers cannot be tested pursuant to the DOE procedure and requests that the same waiver granted to Miele in 1995 be granted for
Miele’s T8000 and T9000 models.

In support of its petition, Miele claims that the current clothes dryer test procedures apply only to vented clothes dryers because the test procedures require 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. Miele 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 does not permit the use of external venting. Assertions and Determinations

Miele’s Petition for Waiver

On November 3, 2010, Miele 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 February 1, 2011, DOE published Miele’s petition for waiver and granted Miele an interim waiver from the current test procedure. 76 FR 5567. DOE did not receive any comments on the Miele petition.

DOE previously granted Miele a waiver from test procedures for condensing clothes dryers after determining that the company’s condenser clothes dryers could not be tested according to the clothes dryer test procedure because of the lack of an exhaust port for mounting the required exhaust restrictor, which is an element of the test procedure. 60 FR 9332 (Feb. 17, 1995). Subsequently, DOE granted similar waivers to LG (73 FR 66641, Nov. 10, 2008), Whirlpool (74 FR 66334, December 15, 2009), and GE (75 FR 13122, Mar. 18, 2010).

Therefore, for the reasons discussed above, and in light of the previous waivers to Miele, LG, Whirlpool and GE, DOE grants Miele’s petition for waiver from testing of its T8000 and T9000 condenser clothes dryers.

Consultations With Other Agencies

DOE consulted with the Federal Trade Commission (FTC) staff concerning the Miele petition for waiver. The FTC staff did not have any objections to granting
a waiver to Miele.

Conclusion

After careful consideration of all the material that was submitted by Miele and consultation with the FTC staff, it
is ordered that:

(1) The petition for waiver submitted by Miele, Inc. (Case No. CD–005) is hereby granted as set forth in the paragraphs below.

(2) Miele shall not be required to test or rate its T8000 and T9000 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


### 17639 Federal Register / Vol. 76, No. 61 / Wednesday, March 30, 2011 / Notices

1 For editorial reasons, upon codification in the U.S. Code, Part B was re-designated Part A. factual basis underlying the petition for

waiver is incorrect.

(5) This waiver applies to only those models specifically set out in Miele’s petition. Miele 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.

Issued in Washington, DC, on March 24,

2011. Kathleen Hogan, Deputy Assistant Secretary for Energy Efficiency, Office of Technology Development, Energy Efficiency and Renewable Energy.

[FR Doc. 2011–7449 Filed 3–29–11; 8:45 am]

**BILLING CODE 6450–01–P**

**DEPARTMENT OF ENERGY**

**Office of Energy Efficiency and Renewable Energy** 

**[Case No. DW–005]**

**Energy Conservation Program for**
**Consumer Products: Notice of Petition for Waiver of BSH Corporation From**  **the Department of Energy Residential Dishwasher Test Procedure, and Grant** 
**of Interim Waiver**

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

**ACTION :**  Notice of petition for waiver, notice of grant of interim waiver, and request for comments.

**SUMMARY :**  This notice announces receipt of and publishes the BSH Corporation (BSH) petition for waiver (hereafter,

‘‘ petition’’ ) from specified portions of the U.S. Department of Energy (DOE) test procedure for determining the energy consumption of dishwashers. Today’s notice also grants an interim waiver of the dishwasher test procedure. Through this notice, DOE also solicits comments with respect to the BSHpetition.

**DATES :**  DOE will accept comments, data, and information with respect to the BSHpetition until, but no later than April 29, 2011.

**ADDRESSES :**  You may submit comments, identified by case number DW–004, by any of the following methods:

• Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments.

• E-mail:

AS

_ Waiver

_Requests@ee.doe.gov. Include the case number [Case No. DW– 005] 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. DW–005, 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, 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 a.m. and 4 p.m., Monday through Friday, except Federal holidays.
Available documents include the following items: (1) This notice; (2) public comments received; (3) the petition for waiver and application for interim waiver; and (4) prior DOE rulemakings and waivers regarding
similar dish washers. Please call Ms. Brenda Edwards at the above telephone
number for additional information regarding visiting the Resource Room.

**FOR FURTHER INFORMATION CONTACT :**  Dr. Michael G. Raymond, U.S. Department of Energy, Building Technologies Program, Mail Stop EE–2J, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 20585–0121. Telephone: (202) 586–9611. E-mail: Michael.Raymond@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. E-mail: Elizabeth.Kohl@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 dishwashers. 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 dishwashers is contained in 10 CFR part 430, subpart B, appendix

C. The 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(l).
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. 10 CFR 430.27(a)(2) An interim waiver remains in effect for 180 days or until DOE issues its determination on the petition for waiver, whichever is sooner. An interim waiver may be extended for an additional 180 days. 10 CFR 430.27(h)

II. Petition for Waiver

On January 11, 2011, BSH filed a petition for waiver and application for interim waiver from the test procedure applicable to dishwashers set forth in 10 CFR part 430, subpart B, appendix C.
BSH states that ‘‘hard ’’ water can reduce
customer satisfaction with dishwasherperformance resulting in increased prerinsing and/or hand washing as well as increased detergent and rinse agent usage. According to BSH, a dishwasher equipped with a water softener will minimize pre-rinsing and rewashing,
and consumers will have less reason to periodically run their dishwasher through a clean-up cycle.