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[Federal Register: March 18, 2010 (Volume 75, Number 52)]
[Notices]               
[Page 13122-13123]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18mr10-65]                         

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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. CD-004]

 
Energy Conservation Program for Consumer Products: Decision and 
Order Granting a Waiver to the General Electric Company From the 
Department of Energy Residential Clothes Dryer Test Procedure (Case No. 
CD-004)

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Decision and order.

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SUMMARY: The U.S. Department of Energy (DOE) gives notice of the 
decision and order (Case No. CD-004) that grants to the General 
Electric Co. (GE) a waiver from the DOE clothes dryer test procedure. 
The waiver request pertains to GE's specified models of condensing 
residential clothes dryer. The existing test procedure does not apply 
to condensing clothes dryers. Under today's decision and order, GE 
shall be not be required to test and rate its specified models of 
condensing residential clothes dryer.

DATES: This decision and order is effective March 18, 2010.

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. Betsy Kohl, 
U.S. Department of Energy, Office of General Counsel, Mail Stop GC-72, 
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) 430.27(l), DOE gives notice of the 
issuance of its decision and order as set forth below. The decision and 
order grants GE a waiver from the applicable residential clothes dryer 
test procedure at 10 CFR part 430 subpart B, appendix D, for its two 
models of condensing clothes dryer.

    Issued in Washington, DC, on March 10, 2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.

Decision and Order

    In the Matter of: GE Corporation. (Case No. CD-004)

Background

    Title III of the Energy Policy and Conservation Act (EPCA) sets 
forth a variety of provisions concerning energy efficiency. Part A of 
Title III provides for the ``Energy Conservation Program for Consumer 
Products Other Than Automobiles.'' (42 U.S.C. 6291-6309) Part A 
includes definitions, test procedures, labeling provisions, energy 
conservation standards, and the authority to require information and 
reports from manufacturers. Further, Part A authorizes the Secretary of 
Energy to prescribe test procedures that are reasonably designed to 
produce results that measure energy efficiency, energy use, or 
estimated operating costs, and that are not unduly burdensome to 
conduct. (42 U.S.C. 6293(b)(3))
    Today's notice involves residential products under Part A. The test 
procedure for residential clothes dryers relevant to the current 
petition for waiver 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

[[Page 13123]]

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 July 14, 2009, GE filed a petition for waiver from the test 
procedures applicable to its DCVH480E* and DCVH485E* product models 
(the two models differ only in color) of condensing clothes dryer. On 
March 2, 2010, GE informed DOE that it had made a typographical error 
in the model numbers listed in its petition for waiver. The correct 
model numbers of the products for which GE seeks a waiver, and that DOE 
analyzed in determining whether to grant the interim waiver and this 
petition for waiver, are DCCH480E* and DCCH485E*. 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. GE seeks a waiver from the applicable test procedures for its 
DCCH480E* and DCCH485E* basic product models because, GE asserts, 
design characteristics of this model prevent testing according to the 
currently prescribed test procedures. DOE previously granted Miele 
Appliance, Inc. (Miele), a waiver from test procedures for two similar 
condenser clothes dryer models (T1565CA and T1570C). (60 FR 9330 (Feb. 
17, 1995)) GE 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 GE's DCCH480E* and DCCH485E* models.
    In support of its petition, GE 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. GE 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, neither of whose construction permits the use of external 
venting.
Assertions and Determinations
GE's Petition for Waiver
    On July 14, 2009, GE 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 December 15, 2009, DOE published GE's petition for 
waiver and granted GE an interim waiver from the current test 
procedure. 74 FR 66335. DOE did not receive any comments on the GE 
petition.
    DOE previously granted Miele a waiver from test procedures for 
condensing clothes dryers after determining that the clothes dryer test 
procedure was not applicable to the company's condenser clothes dryers 
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 (February 17, 1995). Subsequently, in 2008, DOE granted LG a 
similar waiver for its DLEC733W condenser clothes dryer. 73 FR 66641 
(Nov. 10, 2008). In 2009, DOE granted a similar waiver to Whirlpool. 74 
FR 66334 (December 15, 2009).
    Therefore, for the reasons discussed above and in light of the 
long-standing waiver granted to Miele, and the recent waivers to LG and 
Whirlpool, DOE grants GE's petition for waiver from testing of its 
condenser clothes dryers.
Consultations With Other Agencies
    DOE consulted with the Federal Trade Commission (FTC) staff 
concerning the GE petition for waiver. The FTC staff did not have any 
objections to granting a waiver to GE.
Conclusion
    After careful consideration of all the material that was submitted 
by GE and consultation with the FTC staff, it is ordered that:
    (1) The petition for waiver submitted by the General Electric Co. 
(Case No. CD-004) is hereby granted as set forth in the paragraphs 
below.
    (2) GE shall not be required to test or rate its DCCH480E* and 
DCCH485E* 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.

    Issued in Washington, DC, on March 10, 2010.

Cathy Zoi

Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 2010-5937 Filed 3-17-10; 8:45 am]
BILLING CODE 6450-01-P
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