[Federal Register Volume 60, Number 33 (Friday, February 17, 1995)]
[Notices]
[Pages 9330-9332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4049]



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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. CD-001]


Energy Conservation Program for Consumer Products: Decision and 
Order Granting a Waiver from the Clothes Dryer Test Procedures to Miele 
Appliance Inc.

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Decision and Order.

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SUMMARY: Notice is given of the Decision and Order (Case No. CD-001) 
granting a Waiver to Miele Appliance Incorporated (Miele) from the 
existing Department of Energy (DOE or Department) test procedure for 
clothes dryers. The Department is granting Miele a Waiver from the 
Department's test procedures for its condenser clothes 
[[Page 9331]] dryers, models T1565CA and T1570C, which do not have an 
outside exhaust. The existing clothes dryer test procedure only applies 
to clothes dryers that are vented.

FOR FURTHER INFORMATION CONTACT:

P. Marc LaFrance, U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Mail Station EE-431, Forrestal 
Building, 1000 Independence Avenue, SW, Washington, DC, 20585, (202) 
586-8423
Eugene Margolis, Esq., U.S. Department of Energy, Office of General 
Counsel, Mail Station GC-72, Forrestal Building, 1000 Independence 
Avenue, SW, Washington, DC, 20585, (202) 586-9507.

SUPPLEMENTARY INFORMATION: In accordance with 10 CFR 430.27(g), notice 
is hereby given of the issuance of the Decision and Order as set below. 
In the Decision and Order, Miele has been granted a Waiver for its 
condenser clothes dryers, models T1565CA and T1570C, which do not have 
an outside exhaust.

    Issued in Washington, DC, February 10, 1995.
Christine A. Ervin,
Assistant Secretary, Energy Efficiency and Renewable Energy.

Decision and Order

    In the Matter of: Miele [Case No. CD-001].

Background

    The Energy Conservation Program for Consumer Program Products 
(other than automobiles) was established pursuant to the Energy Policy 
and Conservation Act (EPCA), Public Law 94-163, 89 Stat. 917, as 
amended by the National Energy Conservation Act (NECPA), Public Law 95-
619, 92 Stat. 3266, the National Appliance Energy Conservation Act of 
1987 (NAECA), Public Law 100-12, the National Appliance Energy 
Conservation Amendments of 1988 (NAECA 1988), Public Law 100-357, and 
the Energy Policy Act of 1992, Public Law 102-486, 106 Stat. 2776, 
which requires DOE to prescribe standardized test procedures to measure 
the energy efficiency, energy use, or estimated annual operating cost 
of covered consumer products, including clothes dryers. The clothes 
dryer test procedure, among other things, provides a means of 
calculating an energy factor, a measure of energy efficiency, which is 
used to determine if a product is compliant with the minimum energy 
conservation standards. The Department imposed amended energy 
conservation standards requiring minimum energy factors for four of the 
five classes of clothes dryers in a final rule (56 FR 22279) issued May 
14, 1991, and which is effective for products manufactured on or after 
May 14, 1994. Test procedures for clothes dryers appear at 10 CFR Part 
430, Subpart D.
    The Department amended the prescribed test procedure by adding 10 
CFR 430.27 on September 26, 1980, creating the waiver process. (45 FR 
64108). Thereafter, DOE further amended the appliance test procedure 
waiver process to allow the Assistant Secretary for Energy Efficiency 
and Renewable Energy (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. (51 FR 42823, 
November 26, 1986).
    The waiver process allows the Assistant Secretary to temporarily 
waive the test procedures for a particular basic model when a 
petitioner shows that the basic model contains one or more design 
characteristics which prevent testing according to the prescribed test 
procedures, or when the prescribed test procedures may evaluate the 
basic model in a manner so unrepresentative of its true energy 
consumption as to provide materially inaccurate comparative data. 
Waivers generally remain in effect until final test procedure 
amendments become effective, resolving the problem that is the subject 
of the waiver.
    The Interim Waiver provisions, added by the 1986 amendment, allow 
the Assistant Secretary to grant an Interim Waiver when 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 on the Petition for 
Waiver. 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 additional 180 days, if 
necessary.
    Miele filed a Petition for Waiver and an Application for Interim 
Waiver on April 5, 1994, which was amended on April 20, 1994, and April 
22, 1994, regarding its clothes dryer models T1515A, T1520, T1565CA, 
and T1570C. Miele's petition submission was primarily based on the 
reverse tumble design feature which all four models have. However, 
today's Decision and Order is only applicable to models T1565CA and 
T1570C, which are condenser dryers. Miele has certified on January 27, 
1995, with the Department that its clothes dryer models T1515A and 
T1520 can be tested using the existing test procedure, and comply with 
the existing 1994 minimum energy conservation standard. On September 
29, 1994, the Department published in the Federal Register the Miele 
petition, and solicited comments, data, and information respecting the 
petition, and denied the requested Interim Waiver. (59 FR 49658).
    Comments were received from Miele and the Association of Home 
Appliance Manufacturers (AHAM). The Department consulted with the 
Federal Trade Commission (FTC) concerning the Miele petition. The FTC 
did not have any objections to the Decision and Order.

Assertions and Determinations

    On December 22, 1994, Miele provided comment to the Department that 
after consultation with AHAM, it had decided to restrict its request to 
its condenser clothes dryers, models T1565CA and T1570C. Miele 
indicated that the condenser clothes dryers offer additional utility to 
the consumer which affects energy consumption. The condenser clothes 
dryer does not have an outside exhaust and requires more energy to 
extract the moisture from the drum's exhaust prior to expelling the air 
back into the surrounding air. This type of product is suited for 
installation conditions where venting is not practical or cost 
prohibitive.
    Miele stated that the Department's existing test procedure is 
applicable for vented clothes dryers because the test procedure 
requires the use of an exhaust restrictor to simulate an installed 
condition. Miele further stated that since its condenser clothes dryers 
do not have an exhaust, they cannot be tested in accordance with the 
Department's test procedure, and the test procedure does not apply to 
them. Miele added, ``Consequently, the DOE energy conservation standard 
for clothes dryers does not apply to Miele condenser dryers since the 
DOE standard must be 'determined in accordance with test procedures 
prescribed under section 6293 of this title.' 42 U.S.C. Sec. 6291(6).''
    Miele also proposed that the Department consider adding a class for 
condenser clothes dryers in the current clothes dryer rulemaking 
(Docket No. EE-RM-94-403) for minimum energy efficiency standards, 
which will become effective in the 1999 timeframe, along with an 
appropriate test procedure.
    On December 27, 1994, AHAM provided comment and stated, 
[[Page 9332]] ``[AHAM] unanimously supports the position that Miele's 
condenser clothes dryer provides separate functions and utilities which 
affect energy use and, therefore, justify creation of a separate class 
for condenser clothes dryers. A separate clothes dryer standard and 
modified test procedure applicable to that product class should be 
promulgated.''
    The Department agrees with Miele and AHAM that the condenser 
clothes dryer offers the consumer additional utility, and is justified 
to consum more energy (lower energy factor) versus non-condenser 
clothes dryers. Furthermore, the Department believes that the existing 
clothes dryer test procedure is not applicable to the Miele condenser 
clothes dryers. This assertion is based on the fact that the existing 
test procedure requires the use of an exhaust restrictor and does not 
provide any definition or mention of condenser clothes dryers. The 
Department agrees with Miele that the current clothes dryer minimum 
energy conservation standard does not apply to Miele's condenser 
clothes dryers. Today's Decision and Order exempts Miele from testing 
its condenser clothes dryer and determining an Energy Factor.
    The Department is not publishing an amended test procedure for 
Miele at this time because there is not any reason to. The existing 
minimum energy conservation standard for clothes dryers is not 
applicable to the Miele condenser clothes dryer. Furthermore, the FTC 
does not have a labeling program for clothes dryers, therefore, Miele 
is not required to test its condenser clothes dryers.
    Presently, the Department is conducting a rulemaking to review the 
minimum energy conservation standard levels for clothes dryers, clothes 
washers, and dishwashers, entitled the ``Three Cleaning Products 
Rulemaking'' (Docket No. EE-RM-94-403). The Department will consider 
adding a new product class for condenser clothes dryers in the above 
mentioned rulemaking. The Department will initiate a clothes dryers 
test procedure rulemaking to add the capability of testing condenser 
clothes dryers to the existing test procedure for any potential future 
use.
    Miele and AHAM provided the Department with an agreed upon version 
of definitions for ``condenser clothes dryers'' and ``electric clothes 
dryer''. The Department will consider these definitions when drafting a 
revised test procedure.
    Miele also voluntarily provided the Department with a statement 
that it plans on maintaining its condenser clothes dryer energy Factor 
within 82.5 percent of the existing non-condenser clothes dryer 
standard. The Department supports this effort, although, this measure 
will have no bearing on future condenser clothes dryer standards.

Conclusion

    (1) The Petition for Waiver filed by Miele (Case CD-001), as 
modified by Miele's letter of December 22, 1994, is hereby granted as 
set forth in paragraph (2) below, subject to the provisions of 
paragraphs (3) and (4).
    (2) Miele is not required to test its condenser clothes dryers, 
models models T1565CA and T1570C. The existing 1994 minimum energy 
conservation standard for clothes dryers is not applicable to these 
Miele condenser clothes dryers.
    (3) The Waiver shall remain in effect from the date of issuance of 
this Order until DOE prescribes final test proccedures and minimum 
minimum energy conservation standards appropriate to Miele's condenser 
clothes dryers, model T1565CA and T157OC.
    (4) This waiver is based upon the presumed validity of statements, 
allegations, and documentary materials submitted by the petitioner. 
This exemption may be revoked or modified at any time upon a 
determination that the factual basis underlying the submitted data is 
incorrect.

    Filed in Washington, DC
Christine A. Ervin,
Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 95-4049 Filed 2-16-95; 8:45 am]
BILLING CODE 6450-01-P