68042 Federal Register / Vol. 78, No. 219 / Wednesday, November 13, 2013 / Notices 

1For editorial reasons, upon codification in the 

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

and establishes an interagency Council 

for the Conservation of Migratory Birds 

to oversee the implementation of this 

Order. It requires agencies to avoid or 

minimize the adverse impact of their 

actions on migratory birds and ensure 

that environmental analyses under the 

National Environmental Policy Act 

evaluate the effects of proposed Federal 

actions on such species. 

DOE and FWS entered into the first 

MOU on migratory bird protection in 

2006. This updated MOU, signed 

September 12, 2013, took effect upon 

signature of DOE and FWS and remains 

in effect for five years. Section F.9 of the 

MOU directs DOE to advise the public 

of this MOU through a notice published 

in the Federal Register. 

Issued in Washington, DC, on November 1, 

2013. 

Andrew C. Lawrence, 

Director, Office of Environmental Protection, 

Sustainability Support and Corporate Safety 

Analysis, U.S. Department of Energy. 

[FR Doc. 2013–27120 Filed 11–12–13; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. CD–009] 

Petition for Waiver and Notice of 

Granting the Application for Interim 

Waiver of Indesit Company From the 

DOE Residential Clothes Dryer Test 

Procedure 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of Petition for Waiver, 

Granting of Application for Interim 

Waiver, and Request for Public 

Comments. 

SUMMARY: This notice announces receipt 

of and publishes the Indesit Company 

(Indesit) petition for waiver from 

specified portions of the U.S. 

Department of Energy (DOE) test 

procedure for determining the energy 

consumption of residential clothes 

dryers. The waiver request pertains to 

Indesit’s specified models of condensing 

residential clothes dryers. The existing 

test procedure does not apply to 

condensing clothes dryers. In addition, 

today’s notice grants Indesit an interim 

waiver from the DOE test procedure 

applicable to residential clothes dryers. 

DOE solicits comments, data, and 

information concerning Indesit’s 

petition. 

DATES: DOE will accept comments, data, 

and information with respect to 

Indesit’s Petition until December 13, 

2013. 

ADDRESSES: You may submit comments, 

identified by case number CD–009, by 

any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Email: AS_Waiver_Requests@

ee.doe.gov. Include the case number 

[Case No. CD–009] in the subject line of 

the message. 

• Mail: Ms. Brenda Edwards, U.S. 

Department of Energy, Building 

Technologies Office, Mailstop EE–2J, 

Petition for Waiver Case No. CD–009, 

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 Office, 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 and comments 

received, 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 9:00 a.m. and 4:00 p.m., 

Monday through Friday, except Federal 

holidays. Please call Ms. Brenda 

Edwards at the above telephone number 

for additional information. 

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. 

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. Email: 

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 the residential clothes dryers 

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 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(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. 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 if it is 

determined that the applicant will 

experience economic hardship if the 

application for interim waiver is denied, 

if it appears likely that the petition for 

waiver will be granted, and/or if 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(a)(2); 

430.27(g). An interim waiver remains in 

effect for a period of 180 days or until 

DOE issues its determination on the 


sroberts on DSK5SPTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 219 / Wednesday, November 13, 2013 / Notices 68043 

petition for waiver, whichever is sooner, 

and may be extended for an additional 

180 days, if necessary. 10 CFR 

430.27(h). 

On January 6, 2011, DOE published a 

test procedure final rule (76 FR 1032) to 

include provisions for testing ventless 

clothes dryers. The rule became 

effective on February 7, 2011, and 

requires compliance on or after January 

1, 2015. Ventless clothes dryers 

manufactured on or after January 1, 

2015, must be tested with the new DOE 

test procedure. 

II. Petition for Waiver of Test Procedure 

On October 22, 2013, Indesit filed a 

petition for waiver and an application 

for interim waiver from the test 

procedure applicable to residential 

clothes dryers set forth in 10 CFR Part 

430, subpart B, appendix D. Indesit 

seeks a waiver from the applicable test 

procedure for its Ariston TCL73XNA 

and TCL73XSNA condensing clothes 

dryers because, Indesit asserts, design 

characteristics of these models prevent 

testing in accordance with the currently 

prescribed test procedure, as described 

in greater detail in the following 

paragraph. DOE granted similar waivers 

for the same type of clothes dryer to 

Bosch (BSH) (76 FR 33271, June 8, 

2011), Miele Appliance, Inc. (Miele) (60 

FR 9330, February 17, 1995; 76 FR 

17637, March 30, 2011), LG Electronics 

(73 FR 66641, November 10, 2008), 

Whirlpool Corporation (74 FR 66334, 

December 15, 2009), General Electric (75 

FR 13122, March 18, 2010), and ASKO 

Appliances, Inc. (ASKO) (78 FR 53446, 

August 29, 2013). Indesit claims that its 

condensing clothes dryers cannot be 

tested pursuant to the DOE procedure 

and requests that the same waiver 

granted to other manufacturers be 

granted for Indesit’s Ariston TCL73XNA 

and TCL73XSNA models. 

In support of its petition, Indesit 

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 

condensing 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. Indesit plans to market its 

condensing clothes dryers for situations 

in which a conventional vented clothes 

dryer cannot be used, such as high-rise 

apartments and other buildings where 

exhaust venting is not practical or is 

cost prohibitive. 

The Indesit petition requests that DOE 

grant a waiver from the existing test 

procedure to allow for the sale of two 

models (TCL73XNA and TCL73XSNA) 

until DOE prescribes final test 

procedures and minimum energy 

conservation standards appropriate to 

condensing clothes dryers. Similar to 

the other manufacturers of condensing 

clothes dryers, Indesit did not include 

an alternate test procedure in its 

petition. 

III. Application for Interim Waiver 

Indesit also requests an interim 

waiver from the existing DOE test 

procedure for immediate relief. DOE has 

determined that Indesit’s application for 

interim waiver does not provide 

sufficient market, equipment price, 

shipments, and other manufacturer 

impact information to permit DOE to 

evaluate the economic hardship Indesit 

might experience absent a favorable 

determination on its application for 

interim waiver. DOE understands, 

however, that the Indesit condensing 

clothes dryers have a feature that 

prevents testing them according to the 

existing DOE test procedure. In 

addition, as stated in the previous 

section, DOE has previously granted 

waivers to ASKO, BSH, Miele, LG, 

Whirlpool and GE for similar products. 

It is in the public interest to have 

similar products tested and rated for 

energy consumption on a comparable 

basis, where possible. Further, DOE has 

determined that Indesit is likely to 

succeed on the merits of its petition for 

waiver for the same reasons set forth in 

the waivers to other manufacturers, and 

that it is desirable for policy reasons to 

grant immediate relief. 

IV. Interim Waiver Granted 

For the reasons stated above, DOE 

grants Indesit’s application for interim 

waiver from testing of its condensing 

clothes dryer product line. Therefore, it 

is ordered that: 

The application for interim waiver 

filed by Indesit is hereby granted for 

Indesit’s Ariston TCL73XNA and 

TCL73XSNA condensing clothes dryers. 

Indesit shall not be required to test its 

Ariston TCL73XNA and TCL73XSNA 

condensing clothes dryers on the basis 

of the test procedure under 10 CFR part 

430, subpart B, appendix D, consistent 

with the timing provisions in 430.27(h). 

DOE makes decisions on waivers and 

interim waivers for only those models 

specifically set out in the petition, not 

future models that may or may not be 

manufactured by the petitioner. Indesit 

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. In addition, DOE notes 

that grant of an interim waiver or waiver 

does not release a petitioner from the 

certification requirements set forth at 10 

CFR part 429. 

Further, this interim waiver is 

conditioned upon the presumed validity 

of statements, representations, and 

documents provided by the petitioner. 

DOE may revoke or modify this interim 

waiver at any time upon a 

determination that the factual basis 

underlying the petition for waiver is 

incorrect, or upon a determination that 

the results from the alternate test 

procedure are unrepresentative of the 

basic models’ true energy consumption 

characteristics. 

V. Summary and Request for Comments 

Through today’s notice, DOE grants 

Indesit an interim waiver from the 

specified portions of the test procedure 

applicable to Indesit’s Ariston 

TCL73XNA and TCL73XSNA 

condensing clothes dryers and 

announces receipt of Indesit’s petition 

for waiver from those same portions of 

the test procedure. DOE publishes 

Indesit’s petition for waiver in its 

entirety pursuant to 10 CFR 

430.27(b)(1)(iv). The petition contains 

no confidential information. 

DOE solicits comments from 

interested parties on all aspects of the 

petition. Pursuant to 10 CFR 

430.27(b)(1)(iv), any person submitting 

written comments to DOE must also 

send a copy of such comments to the 

petitioner. The contact information for 

the petitioner is: Mr. Aldo Cariati, 

Indesit Company, Centro Gerre 2000, 

Via Pobiette, 11, CH—6928 Manno 

(Lugano), Switerland. All submissions 

received must include the agency name 

and case number for this proceeding. 

Submit electronic comments in 

WordPerfect, Microsoft Word, Portable 

Document Format (PDF), or text 

(American Standard Code for 

Information Interchange (ASCII)) file 

format and avoid the use of special 

characters or any form of encryption. 

Wherever possible, include the 

electronic signature of the author. DOE 

does not accept telefacsimiles (faxes). 

According to 10 CFR 1004.11, any 

person submitting information that he 

or she believes to be confidential and 

exempt by law from public disclosure 

should submit two copies to DOE: one 

copy of the document including all the 

information believed to be confidential 

and one copy of the document with the 

information believed to be confidential 

deleted. DOE will make its own 

determination about the confidential 


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68044 Federal Register / Vol. 78, No. 219 / Wednesday, November 13, 2013 / Notices 

status of the information and treat it 

according to its determination. 

Issued in Washington, DC, on November 6, 

2013. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

22nd October 2013. 

Dr. David T Danielson, Assistant Secretary, 

Energy Efficiency & Renewable Energy, 

U.S. Department of Energy, Mail Station 

EE–1, 1000 Independence Avenue SW., 

Washington, DC 20585. 

Dear Assistant Secretary Danielson, Indesit 

Company International Business S.A. based 

in Lugano, Ticino 6928 Switzerland hereby 

submits this Petition for Waiver and 

application for Interim Waiver, pursuant to 

10 CFR 430.27, for its Ariston branded 

condenser tumble dryer models TCL 73 X NA 

and TCL 73 XS NA. 

Indesit Company is a European 

manufacturer of household appliances 

including refrigeration, washing machines, 

cookers and dishwashers in addition to 

tumble dryers. The company head office is in 

Italy and the tumble dryer manufacturing 

plant is in the UK. In addition to tumble 

dryers Indesit Company also sells, washers, 

washerdryers, hobs, ovens and hoods in the 

USA under the Ariston, Scholtes and 

Splendide brands. 

This petition and application are based on 

the following major points: 

1. Indesit’s petition is for condenser 

clothes dryer models TCL73XNA and 

TCL73XSNA for sale in the USA during the 

remainder of 2013 and 2014. 

2. The test procedures outlined in 10 CFR 

part 430, subpart B, appendix D cannot be 

applied to condensing type tumble dryers. 

3. Waivers have previously been granted 

for similar products produced by other 

manufacturers including Bosch, Miele and 

ASKO. 

4. The equivalent product on sale in 

Europe has been tested in accordance the 

European energy labelling standard and 

complies with the European energy labelling 

directives. 

5. Lack of relief will impose economic 

hardship on Indesit Company particularly 

where Indesit washing machines are sold as 

a pair with a matching tumble dryer, which 

is common practice in the USA. 

6. Indesit will notify all clothes dryer 

manufacturers of domestically marketed 

units known to Indesit of this petition and 

application by letter. 

We would be pleased to discuss this 

request with the DOE and to provide any 

further information as required. 

Yours sincerely, 

Aldo Cariati, 

Marketing Manager International Business, 

Indesit Company—International Business 

S.A., Centro Gerre 2000, Via Pobiette, 11, 

CH—6928 Manno (Lugano), Telephone (+41) 

916119900, Fax (+41) 916119900. 

[FR Doc. 2013–27114 Filed 11–12–13; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Project No. 7320–042] 

Erie Boulevard Hydropower, L.P.; 

Notice of Scoping Meetings and 

Environmental Site Review and 

Soliciting Scoping Comments 

Take notice that the following 

hydroelectric applications have been 

filed with the Commission and are 

available for public inspection: 

a. Type of Application: New Major 

License. 

b. Project No.: 7320–042. 

c. Date filed: July 1, 2013. 

d. Applicant: Erie Boulevard 

Hydropower, L.P. 

e. Name of Project: Chasm 

Hydroelectric Project. 

f. Location: On the Salmon River, in 

Franklin County, New York. No federal 

lands are occupied by the project works 

or located within the project boundary. 

g. Filed Pursuant to: Federal Power 

Act, 16 U.S.C. 791 (a)–825(r). 

h. Applicant Contact: Steven Murphy, 

Compliance Specialist, Brookfield 

Renewable Power—New York West 

Operations, 33 West 1st Street South, 

Fulton, NY 13069; (315) 589–6130; 

email—steven.murphy@

brookfieldpower.com. 

i. FERC Contact: John Mudre at (202) 

502–8902; or email at john.mudre@

ferc.gov. 

j. Deadline for filing scoping 

comments: January 6, 2014. 

The Commission strongly encourages 

electronic filing. Please file scoping 

comments using the Commission’s 

eFiling system at http://www.ferc.gov/

docs-filing/efiling.asp. Commenters can 

submit brief comments up to 6,000 

characters, without prior registration, 

using the eComment system at http://

www.ferc.gov/docs-filing/

ecomment.asp. You must include your 

name and contact information at the end 

of your comments. For assistance, 

please contact FERC Online Support at 

FERCOnlineSupport@ferc.gov, (866) 

208–3676 (toll free), or (202) 502–8659 

(TTY). In lieu of electronic filing, please 

send a paper copy to: Secretary, Federal 

Energy Regulatory Commission, 888 

First Street NE., Washington, DC 20426. 

The first page of any filing should 

include docket number P–7320–042. 

The Commission’s Rules of Practice 

and Procedure require all interveners 

filing documents with the Commission 

to serve a copy of that document on 

each person on the official service list 

for the project. Further, if an intervener 

files comments or documents with the 

Commission relating to the merits of an 

issue that may affect the responsibilities 

of a particular resource agency, they 

must also serve a copy of the document 

on that resource agency. 

k. This application is not ready for 

environmental analysis at this time. 

l. The existing Chasm Project consists 

of: (1) A 201-foot-long, 32-foot-high 

maximum height concrete gravity-type 

dam having a spillway section with 

crest elevation 1,283.8 feet mean sea 

level (msl) about 100 feet long, 

surmounted by 2-foot-high flashboards 

and having an intake section with steel 

trash racks and headgates; (2) a reservoir 

having a surface area of about 22 acres 

and a gross storage capacity of 74 acrefeet at normal pool elevation of 1,285.8 

feet msl; (3) a 7-foot-diameter welded 

steel pipeline approximately 3,355 feet 

in length connecting to a 6-footdiameter steel manifold pipeline just 

upstream of the powerhouse; (4) a 

powerhouse containing three Francistype generating units having a total 

rated capacity of 3,350 kilowatts 

operated under a 268-foot head and at 

a flow of 195 cubic feet per second; (5) 

a 20-foot-wide, 850-foot-long tailrace; 

(6) 50-foot-long buried generator leads 

extending from the powerhouse to a 

non-project substation owned and 

operated by National Grid; and 7) 

appurtenant facilities. 

m. A copy of the application is 

available for review at the Commission 

in the Public Reference Room or may be 

viewed on the Commission’s Web site at 

http://www.ferc.gov using the 

‘‘eLibrary’’ link. Enter the docket 

number excluding the last three digits in 

the docket number field to access the 

document. For assistance, contact FERC 

Online Support. A copy is also available 

for inspection and reproduction at the 

address in item h above. 

You may also register online at http:// 

www.ferc.gov/docs-filing/

esubscription.asp to be notified via 

email of new filings and issuances 

related to this or other pending projects. 

For assistance, contact FERC Online 

Support. 

n. Scoping Process 

The Commission intends to prepare 

an Environmental assessment (EA) on 

the project in accordance with the 

National Environmental Policy Act. The 

EA will consider both site-specific and 

cumulative environmental impacts and 

reasonable alternatives to the proposed 

action. 

Scoping Meetings 

FERC staff will conduct one agency 

scoping meeting and one public 

meeting. The agency scoping meeting 

will focus on resource agency and nonVerDate Mar<15>2010 17:14 Nov 12, 2013 Jkt 232001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\13NON1.SGM 13NON1

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