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

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 SiteSpecific 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. 

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

1For 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 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES

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

1For 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 dishwasher 

performance 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. 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES