Federal Register / Vol. 74, No. 66 / Wednesday, April 8, 2009 / Notices 15959 

1This part was originally titled Part B but it was 

redesignated Part A in the United States Code for 

editorial reasons. 

DEPARTMENT OF ENERGY 

[Case No. CD–003] 

Energy Conservation Program for 

Consumer Products: Publication of the 

Petition for Waiver and Granting of the 

Application for Interim Waiver of 

Whirlpool Corporation From the 

Department of Energy Clothes Dryer 

Test Procedures 

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 comments. 

SUMMARY: This notice announces receipt 

of and publishes Whirlpool 

Corporation’s (Whirlpool’s) Petition for 

Waiver (hereafter, ‘‘Petition’’) from the 

Department of Energy (DOE) test 

procedure for determining the energy 

consumption of residential clothes 

dryers. The waiver request pertains to 

Whirlpool’s specified single model line 

of condensing residential clothes dryers. 

The existing test procedure does not 

apply to condensing clothes dryers. In 

addition, today’s notice grants 

Whirlpool an Interim Waiver from the 

DOE test procedures applicable to 

residential clothes dryers. DOE is 

soliciting comments, data, and 

information with respect to the 

Whirlpool Petition. 

DATES: DOE will accept comments, data, 

and information with respect to 

Whirlpool’s Petition until, but no later 

than May 8, 2009. 

ADDRESSES: You may submit comments, 

identified by case number CD–003, by 

any of the following methods: 

Follow the instructions for submitting 

comments. 

• E-mail: AS_Waiver_Requests@

ee.doe.gov. Include either the case 

number CD–003, and/or ‘‘Whirlpool 

Clothes Dryer Petition’’ in the subject 

line of the message. 

• Mail: Ms. Brenda Edwards, U.S. 

Department of Energy, Building 

Technologies Program, Mailstop EE–2J, 

Petition for Waiver Case No. CD–003, 

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 Program, 950 

L’Enfant Plaza, SW., Suite 600, 

Washington, DC 20024. Please submit 

one signed original paper copy. 

Instructions: 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 

Exchange (ASCII)) file format. Avoid the 

use of special characters or any form of 

encryption. Wherever possible, include 

the electronic signature of the author. 

Absent an electronic signature, 

comments submitted electronically 

must be followed and authenticated by 

submitting the signed original paper 

document. DOE does not accept 

telefacsimiles (faxes). 

Pursuant to section 430.27(b)(1)(iv) of 

10 CFR Part 430, any person submitting 

written comments must also send a 

copy of the comments to the petitioner. 

The contact information for the 

petitioner is: Mr. J. B. Hoyt, Director, 

Government Relations, Whirlpool 

Corporation, 2000 M 63, Mail Drop 

3005, Benton Harbor, Michigan 49022. 

Under 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: 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 

status of the information and treat it 

according to its determination. 

Docket: For access to the docket to 

review the documents relevant to this 

matter, 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) 586–9127, 

between 9 a.m. and 4 p.m., Monday 

through Friday, except Federal holidays. 

Please call Ms. Brenda Edwards at (202) 

586–2945 for additional information 

regarding visiting the Resource Room. 

Please note that the DOE’s Freedom of 

Information Reading Room (formerly 

Room 1E–190 in the Forrestal Building) 

is no longer housing rulemaking 

materials. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Michael G. Raymond, U.S. Department 

of Energy, Office of Energy Efficiency 

and Renewable Energy, Building 

Technologies Program, Mail Stop EE–2J, 

Forrestal Building, 1000 Independence 

Avenue, SW., Washington, DC 20585– 

0121, (202) 586–9611; e-mail: 

AS_Waiver_Requests@ee.doe.gov; 

Francine Pinto or Michael Kido, U.S. 

Department of Energy, Office of General 

Counsel, Mail Stop GC–72, Forrestal 

Building, 1000 Independence Avenue, 

SW., Washington, DC 20585–0121, (202) 

586–9507; e-mail: 

Francine.Pinto@hq.doe.gov or 

Michael.Kido@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background and Authority 

II. Petition for Waiver 

III. Application for Interim Waiver 

IV. Summary and Request for Comments 

I. Background and Authority 

Title III of the Energy Policy and 

Conservation Act, as amended (‘‘EPCA’’) 

sets forth a variety of provisions 

concerning energy efficiency. Part A1 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 

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 residential clothes dryers 

is contained in 10 CFR part 430, subpart 

B, appendix D. 

The 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 evaluate the basic model in a 

manner representative of its energy 

consumption. 10 CFR 430.27(b)(1)(iii). 

The Assistant Secretary may grant the 

waiver subject to conditions, including 

adherence to alternate test procedures. 

10 CFR 430.27(l). In general, waivers 

remain in effect until the effective date 

of a final rule which prescribes 

amended test procedures appropriate to 

the model series manufactured by the 


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15960 Federal Register / Vol. 74, No. 66 / Wednesday, April 8, 2009 / Notices 

petitioner, thereby eliminating any need 

for the continuation of the waiver. 10 

CFR Part 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. (10 CFR 

430.27(a)(2)) An Interim Waiver remains 

in effect for a period of 180 days or until 

DOE issues its determination on the 

Petition for Waiver, whichever is 

sooner, and may be extended for an 

additionally 180 days, if necessary. (10 

CFR 430.27(h)) 

II. Petition for Waiver 

On May 12, 2008, Whirlpool filed a 

Petition for Waiver and an Application 

for Interim Waiver from the test 

procedures applicable to its residential 

clothes dryers set forth in 10 CFR part 

430, subpart B, appendix D. Whirlpool 

seeks a waiver from the applicable test 

procedures for its WCD7500VW basic 

product model because, Whirlpool 

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)) Whirlpool 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 

Whirlpool’s WCD7500VW model. 

In support of its petition, Whirlpool 

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. Whirlpool 

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. 

The Whirlpool Petition requests that 

DOE grant a waiver from existing test 

procedures to allow the sale of one 

model (WCD7500VW) without testing 

until DOE prescribes final test 

procedures and minimum energy 

conservation standards appropriate to 

condenser clothes dryers. Whirlpool did 

not include an alternate test procedure 

in its petition. 

III. Application for Interim Waiver 

The Whirlpool Petition also requests 

an Interim Waiver for immediate relief. 

An Interim Waiver may be granted 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 the Assistant Secretary determines 

that it would be desirable for public 

policy reasons to grant immediate relief 

pending a determination of the Petition 

for Waiver. 10 CFR 430.27(g). 

Whirlpool’s Application for Interim 

Waiver does not provide sufficient 

information to permit DOE to evaluate 

the economic hardship Whirlpool might 

experience absent a favorable 

determination on its Application for 

Interim Waiver. Public policy would 

tend, however, to favor granting 

Whirlpool an Interim Waiver, pending 

determination of the Petition for Waiver. 

DOE previously granted Miele a waiver 

from the clothes dryer test procedure 

after determining that it was not 

applicable to the company’s condenser 

clothes dryers because they lack an 

exhaust port for mounting the required 

exhaust restrictor, which is an element 

of the test procedure. In addition, DOE 

indicated that Miele’s condenser dryers 

would not have to meet the applicable 

energy efficiency standards because 

their added utility justified their higher 

energy consumption compared to 

traditional clothes dryers, and because 

the test procedures were not applicable. 

See 60 FR 9332. 

Subsequently, in 2008, DOE granted 

LG a similar waiver for its DLEC733W 

condenser clothes dryer, allowing sale 

without testing or meeting the energy 

conservation standards. (73 FR 66641 

(Nov. 10, 2008)) DOE reasoned that LG’s 

situation was analogous to Miele’s and 

noted that although it would have been 

feasible to provide an alternate test 

method for LG to follow, doing so 

would carry the risk of driving a type of 

product with unique consumer utility 

from the market. 73 FR 66642. 

Therefore, in light of the longstanding waiver granted to Miele, and 

the recent waiver to LG, DOE has 

decided to grant Whirlpool’s application 

for Interim Waiver from testing of its 

condenser clothes dryers. This granting 

of Interim Waiver may be modified at 

any time upon a determination that the 

factual basis underlying the application 

is incorrect. 

V. Summary and Request for Comments 

Through today’s notice, DOE 

announces receipt of Whirlpool’s 

Petition for Waiver and grants 

Whirlpool an Interim Waiver from the 

test procedures applicable to 

Whirlpool’s WCD7500VW model 

condensing clothes dryer. DOE is 

publishing the Whirlpool Petition for 

Waiver in its entirety pursuant to 10 

CFR 430.27(b)(1)(iv). The Petition 

contains no confidential information. 

DOE is interested in receiving 

comments 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, whose 

contact information is included in the 

ADDRESSES section above. 

Issued in Washington, DC, on March 30, 

2009. 

Steven G. Chalk, 

Principal Deputy Assistant Secretary, Energy 

Efficiency and Renewable Energy. 

2000 M 63, Mail Drop 3005, Benton Harbor, 

Michigan 49022, Phone: 269/923–4647, 

j.b.hoyt@whirlpool.com 

J.B. Hoyt, 

Director, Government Relations, 

May 12, 2008. 

Mr. Alexander Karsner, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy, U.S. Department of 

Energy, Forrestal Building, 1000 

Independence Avenue, SW, Washington, 

DC 20585. 

Re: Application for Interim Waiver and 

Petition for Waiver, 10 CFR 430, Subpart B, 

Appendix D—Uniform Test Method for 

Measuring the Energy Consumption of 

Clothes Dryers 

Dear Assistant Secretary Karsner: 

Whirlpool Corporation hereby submits this 

Application for Interim Waiver and Petition 

for Waiver pursuant to Title 10 CFR Sec. 

430.27. This section provides for waiver of 

test methods on the grounds that a basic 

model contains design characteristics that 

either prevents testing according to the 

prescribed test procedure or produce data so 

unrepresentative of a covered product’s true 

energy consumption characteristics as to 

provide materially inaccurate comparative 

data. 

Whirlpool Corporation is a global 

manufacturer and marketer of major home 

appliances. As such, we have identified a 

segment of U.S. households that are unable 

to utilize conventional clothes dryers. This 

segment consists of high-rise apartments and 

condominiums and other housing units 

whose construction does not allow for 

external venting, at least not without 


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Federal Register / Vol. 74, No. 66 / Wednesday, April 8, 2009 / Notices 15961 

considerable remodeling or construction 

expense. 

Whirlpool does not currently offer any 

condensing dryer for sale in the United 

States. To address the needs of this market 

segment it is our intent to import a 24’’ wide 

compact (3.7 cubic feet) condensing dryer 

manufactured by Antonio Merloni, spA; the 

unit will be manufactured in Fabriano, Italy. 

This clothes dryer will comply with all 

recognized United States safety standards. 

Our marketing plans call for this product to 

be launched not later than the fourth quarter 

of 2008. 

The existing test procedure, 10 CFR 430, 

Subpart B, Appendix D, was developed 

specifically for externally vented clothes 

dryers. One requirement is that a specific 

exhaust restriction be placed on the exhaust 

port of the dryer during the test. Condensing 

clothes dryers do not have an exhaust port 

to which a restriction can be attached. 

Therefore, the existing test procedure is not 

applicable. Indeed, the Department 

recognized this lack of applicability in the 

decision to grant a similar waiver to Miele 

Appliances, Incorporated (Case Number CD– 

001, 60FR930). 

In light of this situation, Whirlpool 

requests an Interim Waiver and Waiver that 

will allow sale of one model without testing 

under 10 CFR, Subpart B. Appendix D until 

such time as that test procedure has language 

applicable to condensing clothes dryers. That 

model will be Whirlpool brand clothes dryer 

model WCD7500VW. Only a relatively small 

number of this clothes dryer will be sold by 

Whirlpool Corporation. 

Additionally, Whirlpool commits to 

actively supporting the inclusion of a test 

procedure applicable to condensing dryers in 

future versions of 10 CFR 430, Subpart B, 

Appendix D. Indeed we are already working 

closely with the appliance trade association, 

the Association of Home Appliance 

Manufacturers, on a proposal for inclusion in 

the Department’s current clothes dryer 

energy standards rulemaking. 

Standards should not be used as a means 

to block innovative, improved designs. (See 

FTC Advisory Opinion No. 457, TRR 1718.20 

(1971 Transfer Binder); 49 Fed. Reg. 32213 

(Aug. 13, 1984); 52 Fed. Reg. 49141, 49147– 

48 (Dec. 30, 1987).) Whirlpool’s design is an 

innovative way to dry a load of laundry and 

provides substantial benefits to the public. 

DOE’s rules should accommodate and 

encourage—not act to block—such a product. 

Condensing dryers are common in Europe. 

Granting the Interim Waiver and Waiver will 

also eliminate a non-tariff trade barrier. 

Thank you for your timely attention to this 

request for Interim Waiver and Waiver. We 

hereby certify that all clothes dryer 

manufacturers of domestically marketed 

units known to Whirlpool Corporation have 

been notified by letter of this application, per 

copies of this letter. 

Sincerely, 

J.B. Hoyt. 

[FR Doc. E9–7945 Filed 4–7–09; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

Combined Notice of Filings #1 

April 1, 2009. 

Take notice that the Commission 

received the following electric corporate 

filings: 

Docket Numbers: EC09–64–000. 

Applicants: PPL Shoreham Energy, 

LLC, PPL Generation, LLC, PPL New 

Jersey Solar, LLC, PPL New Jersey 

Biogas, LLC., PPL Renewable Energy, 

LLC. 

Description: Application for 

Authorization Under Section 203 of the 

Federal Power Act, Request for Waivers 

of Filing Requirements and Expedited 

Treatment of Application of PPL 

Shoreham Energy, LLC, et al. 

Filed Date: 03/31/2009. 

Accession Number: 20090331–5225. 

Comment Date: 5 p.m. Eastern Time 

on Tuesday, April 21, 2009. 

Take notice that the Commission 

received the following exempt 

wholesale generator filings: 

Docket Numbers: EG09–34–000. 

Applicants: PPL New Jersey Solar, 

LLC. 

Description: PPL New Jersey Solar, 

LLC Notice of Self Certification of 

Exempt Wholesale Generator Status. 

Filed Date: 03/31/2009. 

Accession Number: 20090331–5215. 

Comment Date: 5 p.m. Eastern Time 

on Tuesday, April 21, 2009. 

Docket Numbers: EG09–35–000. 

Applicants: PPL New Jersey Biogas, 

LLC. 

Description: PPL New Jersey Biogas, 

LLC. Notice of Self-Certification of 

Exempt Wholesale Generator Status. 

Filed Date: 03/31/2009. 

Accession Number: 20090331–5219. 

Comment Date: 5 p.m. Eastern Time 

on Tuesday, April 21, 2009. 

Take notice that the Commission 

received the following electric rate 

filings: 

Docket Numbers: ER98–511–010. 

Applicants: Oklahoma Gas and 

Electric Company, OGE Energy 

Resources, Inc. 

Description: Oklahoma Gas and 

Electric Company submits Substitute 

Original Sheet 1 to FERC Electric Tariff, 

Sixth Revised Volume 3. 

Filed Date: 03/26/2009. 

Accession Number: 20090401–0049. 

Comment Date: 5 p.m. Eastern Time 

on Thursday, April 16, 2009. 

Docket Numbers: ER06–743–002. 

Applicants: Air Liquide Large 

Industries U.S. LP. 

Description: Amendment to 

Application for Determination of 

Category 1 Seller Status of Air Liquide 

Large Industries U.S. LP. 

Filed Date: 03/31/2009. 

Accession Number: 20090331–5228. 

Comment Date: 5 p.m. Eastern Time 

on Tuesday, April 21, 2009. 

Docket Numbers: ER06–771–002; 

ER06–772–002; ER06–773–002. 

Applicants: ExxonMobil Baton Rouge 

Complex, ExxonMobil Beaumont 

Complex, ExxonMobil Labarge Shute 

Creek Treating. 

Description: ExxonMobil Entities 

submits Original Sheet No. 1 et al. to 

FERC Electric Tariff, Original Volume 

No. 1. 

Filed Date: 03/26/2009. 

Accession Number: 20090401–0048. 

Comment Date: 5 p.m. Eastern Time 

on Thursday, April 16, 2009. 

Docket Numbers: ER07–1040–004; 

ER00–2603–007; ER94–142–031 

Applicants: Hopewell Cogeneration 

Ltd Partnership, Syracuse Energy 

Corporation, SUEZ Energy Marketing 

NA, Inc. 

Description: Notice of Non-Material 

Change in Status of Hopewell 

Cogeneration Limited Partnership. 

Filed Date: 03/30/2009. 

Accession Number: 20090330–5154. 

Comment Date: 5 p.m. Eastern Time 

on Monday, April 20, 2009. 

Docket Numbers: ER08–73–003. 

Applicants: California Independent 

System Operator Corporation. 

Description: California Independent 

System Operator Corporation submits 

Original Sheet 746A to FERC Electric 

Tariff, Fourth Replacement Volume 11. 

Filed Date: 03/26/2009. 

Accession Number: 20090331–0047. 

Comment Date: 5 p.m. Eastern Time 

on Thursday, April 16, 2009. 

Docket Numbers: ER08–830–001. 

Applicants: ISO New England Inc. & 

New England Power Pool. 

Description: ISO New England Inc et 

al submit reports regarding treatment of 

price-responsive demand in the New 

England Electricity Markets. 

Filed Date: 03/27/2009. 

Accession Number: 20090331–0046. 

Comment Date: 5 p.m. Eastern Time 

on Friday, April 17, 2009. 

Docket Numbers: ER08–891–002. 

Applicants: Wisconsin Power and 

Light Company. 

Description: Alliant Energy Corporate 

Services, Inc submits revised sheets 

reflecting Service Agreement 1 

modification. 

Filed Date: 03/27/2009. 

Accession Number: 20090331–0051. 

Comment Date: 5 p.m. Eastern Time 

on Friday, April 17, 2009. 


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