```

[Federal Register Volume 76, Number 110 (Wednesday, June 8, 2011)]
[Notices]
[Pages 33271-33272]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-14125]

=======================================================================
-----------------------------------------------------------------------

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

    \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 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

[[Page 33272]]

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
```