[Federal Register Volume 76, Number 21 (Tuesday, February 1, 2011)]
[Notices]
[Pages 5567-5571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-2158]
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DEPARTMENT OF ENERGY
[Case No. CD-005]
Energy Conservation Program for Consumer Products: Publication of
the Petition for Waiver and Notice of Granting the Application for
Interim Waiver of Miele, Inc. From the Department of Energy Residential
Clothes Dryer Test Procedure
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
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ACTION: Notice of Petition for Waiver, Notice of Granting Application
for Interim Waiver, and Request for Public Comments.
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SUMMARY: This notice announces receipt of and publishes the Miele, Inc.
(Miele) petition for waiver (hereafter, ``petition'') from specified
portions of the U.S. Department of Energy (DOE) test procedure for
determining the energy consumption of residential clothes dryers. The
waiver request pertains to Miele's specified models of condensing
residential clothes dryers. The existing test procedure does not apply
to condensing clothes dryers. In addition, today's notice grants Miele
an interim waiver from the DOE test procedures applicable to
residential clothes dryers. DOE solicits comments, data, and
information concerning Miele's petition.
DATES: DOE will accept comments, data, and information with respect to
Miele's Petition until March 3, 2011.
ADDRESSES: You may submit comments, identified by case number CD-005,
by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: [email protected]. Include the case
number [Case No. CD-005] in the subject line of the message.
Mail: Ms. Brenda Edwards, U.S. Department of Energy,
Building Technologies Program, Mail Stop EE-2J, Petition for Waiver
Case No. CD-005, 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.
Docket: For access to the docket to review the background 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) 586-2945, between 9 a.m. and 4
p.m., Monday through Friday, except Federal holidays. Available
documents include the following items: (1) This notice; (2) public
comments received; (3) the petition for waiver and application for
interim waiver; and (4) prior DOE rulemakings regarding similar clothes
dryers. Please call Ms. Brenda Edwards at the above telephone number
for additional information regarding visiting the Resource Room.
FOR FURTHER INFORMATION CONTACT: Dr. Michael G. Raymond, U.S.
Department of Energy, Building Technologies Program, Mail Stop EE-2J,
Forrestal Building, 1000 Independence Avenue, SW., Washington, DC
20585-0121. Telephone: (202) 586-9611. E-mail:
[email protected].
Ms. Elizabeth Kohl, U.S. Department of Energy, Office of the
General Counsel, Mail Stop GC-71, Forrestal Building, 1000 Independence
Avenue, SW., Washington, DC 20585-0103. Telephone: (202) 586-7796. E-
mail: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background and Authority
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 clothes dryers 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.
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\1\ For editorial reasons, upon codification in the U.S. Code,
Part B was re-designated Part A.
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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(l). Petitioners must include
in their petition any alternate test procedures known to the petitioner
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). Waivers remain in effect
pursuant to the provisions of 10 CFR 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); 430.27(g). 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. 10 CFR 430.27(h).
II. Petition for Waiver of Test Procedure
On November 3, 2010, Miele filed a petition for waiver and an
application for interim waiver from the test procedure applicable to
residential clothes dryers set forth in 10 CFR part 430, subpart B,
appendix D. Miele seeks a waiver from the applicable test procedures
for its T8000 and T9000 product models because, Miele asserts, design
characteristics of these models prevent testing according to the
currently prescribed test procedures, as described in more detail in
the following paragraph. 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). 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) and General
Electric (75 FR 13122, Mar. 18, 2010). Miele claims that its condenser
clothes dryers cannot be tested pursuant to the DOE procedure and
requests that the same waiver granted itself and to other manufacturers
be granted for Miele's T8000 and T9000 models.
In support of its petition, Miele claims that the current clothes
dryer test procedure applies only to vented clothes dryers because the
test procedure requires 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
[[Page 5569]]
condensing clothes dryer for situations in which a conventional vented
clothes dryer cannot be used, such as high-rise apartments and
condominiums; the construction of these types of buildings does not
permit the use of external venting.
The Miele Petition requests that DOE grant a waiver from existing
test procedures to allow the sale of two models (T8000 and T9000) until
DOE prescribes final test procedures and minimum energy conservation
standards appropriate to condenser clothes dryers. Similar to the other
manufacturers, Miele did not include an alternate test procedure in its
petition.
III. Application for Interim Waiver
Miele also requests an interim waiver from the existing DOE test
procedure. Under 10 CFR 430.27(b)(2) each application for interim
waiver ``shall demonstrate likely success of the Petition for Waiver
and shall address what economic hardship and/or competitive
disadvantage is likely to result absent a favorable determination on
the Application for Interim Waiver.'' 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).
DOE determined that Miele's application for interim waiver does not
provide sufficient market, equipment price, shipments, and other
manufacturer impact information to permit DOE to evaluate the economic
hardship Miele might experience absent a favorable determination on its
application for interim waiver. DOE understands, however, that the
Miele condensing clothes dryers have a feature that prevents testing
them according to the existing DOE test procedure. In addition, as
stated in the previous section, DOE has previously granted waivers to
Miele for its T1565CA and T1570C models, LG, Whirlpool and GE for
similar products.
For the reasons stated above, DOE grants Miele's application for
interim waiver from testing of its condensing clothes dryer product
line. Therefore, it is ordered that:
The application for interim waiver filed by Miele is hereby granted
for Miele's T8000 and T9000 condensing clothes dryers. Miele shall not
be required to test its T8000 and T9000 condensing clothes dryers on
the basis of the test procedure under 10 CFR part 430 subpart B,
appendix D.
DOE makes decisions on waivers and interim waivers for only those
models specifically set out in the petition, not future models that may
or may not be manufactured by the petitioner. 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. In addition, DOE notes that grant
of an interim waiver or waiver does not release a petitioner from the
certification requirements set forth at 10 CFR 430.62.
Further, this interim waiver is conditioned upon the presumed
validity of statements, representations, and documents provided by the
petitioner. DOE may revoke or modify this interim waiver at any time
upon a determination that the factual basis underlying the petition for
waiver is incorrect, or upon a determination that the results from the
alternate test procedure are unrepresentative of the basic models' true
energy consumption characteristics.
IV. Summary and Request for Comments
Through today's notice, DOE grants Miele an interim waiver from the
specified portions of the test procedure applicable to Miele's T8000
and T9000 condensing clothes dryers and announces receipt of Miele's
petition for waiver from those same portions of the test procedure. DOE
publishes Miele's petition for waiver in its entirety pursuant to 10
CFR 430.27(b)(1)(iv). The petition contains no confidential
information.
DOE solicits comments from interested parties 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. The contact information for the petitioner is: Mr. Steve
Polinski, Senior Manager for Regulatory Affairs, Miele, Inc., 9
Independence Way, Princeton, NJ 08540. 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
Interchange (ASCII)) file format and avoid the use of special
characters or any form of encryption. Wherever possible, include the
electronic signature of the author. DOE does not accept telefacsimiles
(faxes).
According to 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 to DOE: 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.
Issued in Washington, DC on January 24, 2011.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.
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[FR Doc. 2011-2158 Filed 1-31-11; 8:45 am]
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