```

[Federal Register Volume 76, Number 61 (Wednesday, March 30, 2011)]
[Notices]
[Pages 17637-17639]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-7449]

-----------------------------------------------------------------------

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.

[[Page 17638]]

    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.
---------------------------------------------------------------------------

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

    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

[[Page 17639]]

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
```