Federal Register / Vol. 76, No. 110 / Wednesday, June 8, 2011 / Notices 33271 

1For editorial reasons, upon codification in the 

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

Dated: June 1, 2011. 

D. J. Werner, 

Lieutenant Commander, Judge Advocate 

General’s Corps, U.S. Navy, Federal Register 

Liaison Officer. 

[FR Doc. 2011–14066 Filed 6–7–11; 8:45 am] 

BILLING CODE 3810–FF–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. CD–006] 

Energy Conservation Program for 

Consumer Products: Decision and 

Order Granting a Waiver to BSHHome 

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–006) 

that grants to BSH Home Appliances 

Corporation (BSH) a waiver from the 

DOE clothes dryer test procedure. The 

waiver pertains to the specified 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 be not be required to 

test and rate its specified models of 

residential condensing clothes dryer 

pursuant to this test procedure. 

DATES: This Decision and Order is 

effective June 8, 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 BSH 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 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, 

January 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 May 31, 

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: BSH Home 

Appliances Corporation (Case No. CD– 

006). 

Background 

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 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 December 28, 2009, BSH filed a 

petition for waiver from the test 

procedures applicable to its Bosch 

WTC82100US and Bosch WTE86300US 

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.BSH 

seeks a waiver from the applicable test 

procedure for its Bosch WTC82100US 

and Bosch WTE86300US product 

models because, BSH 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, BSH 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 


sroberts on DSK5SPTVN1PROD with NOTICES
33272 Federal Register / Vol. 76, No. 110 / Wednesday, June 8, 2011 / Notices 

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 

does not permit the use of external 

venting. 

Assertions and Determinations 

BSH’s Petition for Waiver 

On December 28, 2009, 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 April 6, 2011, DOE published 

BSH’s petition for waiver and granted 

BSH an interim waiver from the current 

test procedure. 76 FR 19087. DOE did 

not receive any comments on the BSH 

petition. DOE previously granted Miele 

Appliance, Inc. (Miele) a waiver from 

test procedures for two similar 

condenser clothes dryer models). 60 FR 

9330 (Feb. 17, 1995). 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 (76 FR 17637, March 30, 

2011). BSH claims that its condenser 

clothes dryers cannot be tested pursuant 

to the DOE procedure and requests that 

the same waiver granted to other 

manufacturers be granted for BSH’s 

Bosch WTC82100US and Bosch 

WTE86300US 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 itsBosch WTC82100US and 

Bosch WTE86300US condenser clothes 

dryers. 

Consultations With Other Agencies 

DOE consulted with the Federal Trade 

Commission (FTC) staff concerning the 

BSHpetition 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–006) is 

hereby granted as set forth in the 

paragraphs below. 

(2) BSH shall not be required to test 

or rate its Bosch WTC82100US and 

Bosch WTE86300US 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 May 31, 

2011. 

Kathleen Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Office of Technology 

Development, Energy Efficiency and 

Renewable Energy. 

[FR Doc. 2011–14125 Filed 6–7–11; 8:45 am] 

BILLING CODE 6450–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9317–2] 

Agency Information Collection 

Activities OMB Responses 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This document announces the 

Office of Management and Budget 

(OMB) responses to Agency Clearance 

requests, in compliance with the 

Paperwork Reduction Act (44 U.S.C. 

3501 et. seq.). An agency may not 

conduct or sponsor, and a person is not 

required to respond to, a collection of 

information unless it displays a 

currently valid OMB control number. 

The OMB control numbers for EPA 

regulations are listed in 40 CFR part 9 

and 48 CFR chapter 15. 

FOR FURTHER INFORMATION CONTACT: Rick 

Westlund (202) 566–1682, or e-mail at 

westlund.rick@epa.gov and please refer 

to the appropriate EPA Information 

Collection Request (ICR) Number. 

SUPPLEMENTARY INFORMATION: 

OMB Responses to Agency Clearance 

Requests 

OMB Approvals 

EPA ICR Number 2409.01; Production 

Outlook Reports for Un-Registered 

Renewable Fuel Producers (New 

Collection); was approved on 05/05/ 

2011; OMB Number 2060–0660; expires 

on 05/31/2014; Approved without 

change. 

EPA ICR Number 0783.59; Motor 

Vehicle Emissions (Final Rule for 

Revisions to Certification of Alternative 

Fuels); 40 CFR part 85, subparts E and 

F; 40 CFR 85.1901—85.1908; 40 CFR 

parts 85 and 86; 40 CFR part 86.1845— 

86.1848; and 40 CFR part 600; was 

approved on 05/05/2011; OMB Number 

2060–0104; expires on 05/31/2014; 

Approved without change. 

EPA ICR Number 2382.02; 

Identification of Non-Hazardous 

Secondary Materials That Are Solid 

Waste (Final Rule); 40 CFR 260.22 and 

260.31(c); was approved on 05/25/2011; 

OMB Number 2050–0205; expires on 

05/31/2014; Approved without change. 

EPA ICR Number 2403.02; EG for 

Sewage Sludge Incinerators; 40 CFR part 

60, subparts MMMM and MMMMM; 

was approved on 05/25/2011; OMB 

Number 2060–0661; expires on 05/31/ 

2014; Approved without change. 

EPA ICR Number 2384.02; NSPS for 

Commercial and Industrial Solid Waste 

Incineration (CISWI) units; 40 CFR part 

60, subpart CCCC; was approved on 05/ 

25/2011; OMB Number 2060–0662; 

expires on 05/31/2014; Approved 

without change. 

EPA ICR Number 2265.01; SmartWay 

Transport Partnership (New Collection); 

was approved on 05/27/2011; OMB 

Number 2060–0663; expires on 05/31/ 

2014; Approved without change. 

EPA ICR Number 1365.09; AsbestosContaining Materials in Schools and 

Asbestos Model Accreditation Plans; 40 

CFR part 763, subpart E, Appendix C; 

was approved on 05/31/2011; OMB 

Number 2070–0091; expires on 05/31/ 

2014; Approved without change. 

EPA ICR Number 0616.10; 

Compliance Requirement for Child 

Resistant Packaging (Renewal); 40 CFR 

part 157; was approved on 05/31/2011; 

OMB Number 2070–0052; expires on 

05/31/2014; Approved without change. 

EPA ICR Number 1246.11; Reporting 

and Recordkeeping for Asbestos 

Abatement Worker Protection; 40 CFR 

part 763, subpart G; was approved on 

05/31/2011; OMB Number 2070–0072; 


sroberts on DSK5SPTVN1PROD with NOTICES