[Federal Register Volume 76, Number 66 (Wednesday, April 6, 2011)]
[Notices]
[Pages 19087-19090]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8143]
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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. CD-006]
Energy Conservation Program for Consumer Products: Publication of
the Petition for Waiver and Notice of Granting the Application for
Interim Waiver of BSH Home Appliances Corporation From the Department
of Energy Residential Clothes Dryer Test Procedure
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 public comments.
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SUMMARY: This notice announces receipt of and publishes the BSH Home
Appliances Corporation (BSH) 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 BSH'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 BSH an interim waiver from the DOE test
procedure applicable to residential clothes dryers. DOE solicits
comments, data, and information concerning BSH's petition.
DATES: DOE will accept comments, data, and information with respect to
BSH's Petition until May 6, 2011.
ADDRESSES: You may submit comments, identified by case number CD-006,
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, Mailstop 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. Jennifer Tiedeman, 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) 287-6111. 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 residential 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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DOE's 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 the
petitioner evaluate the basic model in a manner representative of its
energy consumption. 10 CFR
[[Page 19088]]
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 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 on the
petition for waiver. 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 December 28, 2009, BSH 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. 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. 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). DOE granted Miele an interim waiver for similar additional
products on February 1, 2011. (76 FR 5567). 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). 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.
In support of its petition, BSH 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. 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; the construction of these types of buildings does not
permit the use of external venting.
The BSH Petition requests that DOE grant a waiver from the existing
test procedure to allow the sale of two models (Bosch WTC82100US and
Bosch WTE86300US) until DOE prescribes final test procedures and
minimum energy conservation standards appropriate to condenser clothes
dryers. Similar to the other manufacturers, BSH did not include an
alternate test procedure in its petition.
III. Application for Interim Waiver
BSH also requests an interim waiver from the existing DOE test
procedure for immediate relief. 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 has determined that BSH'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 BSH might experience absent a favorable determination on its
application for interim waiver. DOE understands, however, that the BSH
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, LG,
Whirlpool and GE for similar products. It is in the public interest to
have similar products tested and rated for energy consumption on a
comparable basis, where possible. Further, DOE has determined that BSH
is likely to succeed on the merits of its petition for waiver and that
it is desirable for policy reasons to grant immediate relief.
For the reasons stated above, DOE grants BSH'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 BSH is hereby granted
for BSH's Bosch WTC82100US and Bosch WTE86300US condensing clothes
dryers. BSH shall not be required to test its Bosch WTC82100US and
Bosch WTE86300US 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. 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. 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 BSH an interim waiver from the
specified portions of the test procedure applicable to BSH's Bosch
WTC82100US and Bosch WTE86300US condensing clothes dryers and announces
receipt of BSH's petition for waiver from those same portions of the
test procedure. DOE publishes BSH's petition for waiver in its entirety
pursuant to 10 CFR 430.27(b)(1)(iv). The petition contains no
confidential information.
[[Page 19089]]
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: Dr. Uwe
Mette, Director, Engineering Laundry Products, BSH Home Appliances
Corporation, 5551 McFadden Avenue, Huntington Beach, CA 92649. 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 March 30, 2011.
Kathleen Hogan,
Deputy Assistant Secretary for Energy Efficiency, Office of Technology
Development, Energy Efficiency and Renewable Energy.
December 28, 2009
Catherine Zoi
Energy Efficiency and Renewable Energy
Department of Energy
1000 Independence Avenue, SW., Washington, DC 20585.
Re: Petition of Waiver and Application for Interim Waiver, BSH
Condenser Clothes Dryers
Dear Assistant Secretary: BSH Home Appliances Corporation (``BSH'')
hereby submits this Petition for Waiver and Application for Interim
Waiver, pursuant to 10 CFR 430.27, for its condenser clothes dryers. A
waiver was granted to Miele Appliance, Inc. for the same type of
product. 60 FR 9330 (Feb. 17, 1995).
BSH is the manufacturer of household appliances bearing the brand
names of Bosch, Thermador, and Gaggenau. Its appliances include washing
machines, clothes dryers, refrigerator-freezers, ovens, microwave
ovens, dishwashers, and vacuum cleaners, and are sold worldwide,
including in the United States. BSH's United States operations are
headquartered in Huntington Beach, California. BSH's residential
clothes dryers are produced in the United States and Poland.
BSH markets highly efficient, advanced-design condenser (non-
vented) clothes dryers. The current BSH model numbers of these products
are Bosch WTC82100US and Bosch WTE86300US. This product does not vent
exhaust air to the outside as a conventional dryer does, but rather
uses ambient air to cool the hot, humid air inside the appliance
thereby condensing out the moisture. There is no exhaust air, only a
wastewater stream that can be drained into a water container. This type
of product is suited for installation conditions where exhaust venting
is not practical or is cost prohibitive. It thus benefits those
dwellers of high-rise apartments and others who in many cases have no
way to vent to the outside or at least not without considerable
remodeling/construction expense. The advantageous no-exhaust design
characteristic produces a more complex drying process than the regular
vented dryer.
Condenser clothes dryers offer additional utility to the consumer
that affects energy consumption, and the characteristics of the product
are not reflected by the test procedure. The condenser clothes dryer
does not have an outside vent exhaust, and extracting the moisture from
the warm moist air in the drum requires more energy to dry clothes than
simply exhausting the warm moist air to the outdoors.\1\
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\1\ However, while the condensing dryer inherently uses more
energy to dry a load of clothes than a conventional dryer, the
condensing dryer could save substantially more household energy than
a conventional dryer if the effects on space heating and cooling
requirements are considered. The air lost from dryer exhaust vent
can impose a significant load on the space-conditioning unit as cool
or hot outdoor air is drawn inside the room or home to replace the
exhausted air.
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DOE's existing test procedure for clothes dryers requires the use
of an exhaust restrictor to simulate the backpressure effects of a vent
tube in an installed condition. And the test procedure does not provide
any definition or mention of condenser clothes dryers. Since BSH's
condenser clothes dryers do not have an exhaust vent and the DOE test
procedure does not provide any definition or mention of condenser
clothes dryers, the products cannot be tested in accordance with the
test procedure. Thus, the test procedure does not apply to them.
Consequently, the DOE energy conservation standard for clothes dryers
does not apply to BSH 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. 6291(6).
These circumstances clearly warrant a waiver. 10 CFR 430.27
provides for waiver of DOE test procedures on the grounds that a basic
model contains design characteristics that either prevent 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.
As discussed above, the BSH condenser clothes dryer contains a design
characteristic--lack of an exhaust--that prevents testing according to
the DOE test procedure. Further, the test procedure does not provide
any definition or mention of condenser clothes dryers. A waiver should
therefore be granted that provides that BSH is not required to test its
condenser clothes dryers. The existing minimum energy conservation
standard for clothes dryers also should not apply to these BSH
condenser clothes dryers. The waiver should remain in effect until DOE
prescribes final test procedures and minimum energy conservation
standards appropriate to BSH's condenser clothes dryers.
That a waiver is warranted is borne out by the fact that DOE has
granted a waiver to Miele for the same type of product. 60 FR 9330
(Feb. 17, 1995). DOE stated: ``The Department agrees with Miele and
AHAM that the condenser clothes dryer offers the consumer additional
utility, and is justified to consum[e] 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
[[Page 19090]]
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.''
BSH urges that the same waiver be granted to BSH as was granted to
Miele for its comparable product.
Manufacturers of all other basic models marketed in the United
States and known to BSH to incorporate similar design characteristics
as the BSH condenser clothes dryer include Miele (models T1565CA and
T1570C), Whirlpool (model WCD7500VW), LG (model DLEC733W), and GE
(models DCVH480E* and DCVH485E*).
BSH is not aware of any alternative test procedure to evaluate in a
manner representative of the energy consumption characteristics of the
BSH condenser clothes dryers. BSH notes that DOE's February 17, 1995
decision on Miele's application indicated that Miele proposed that DOE
consider adding a class for condenser clothes dryers in the then
current clothes dryer rulemaking for minimum efficiency standards,
along with an appropriate test procedure. DOE's decision indicated that
DOE would consider adding a new product class for condenser clothes
dryers in that rulemaking and would 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. To
the best of BSH's knowledge, DOE has not done so.
BSH also requests immediate relief by grant of an interim waiver.
Grant of an interim waiver is fully justified:
The petition for waiver is likely to be granted, as evidenced not
only by its merits but also because DOE has already granted a similar
waiver to Miele.
Lack of relief will impose economic hardship on BSH. BSH would be
placed in an untenable situation: The product would be subject to a set
of regulations that DOE already acknowledges is not applicable to such
a product and cannot be complied with, while at the same time another
manufacturer is allowed to operate under a waiver from such
regulations.
Significant investment has already been made in BSH condensing
clothes dryers. Lack of relief would not allow BSH to recoup this
investment and would deny BSH anticipated sales revenue. This does not
take into account significant losses in goodwill and brand acceptance.
Beyond that, since the BSH condensing clothes dryer is intended to
be sold as a pair with BSH washing machines an inability to sell the
clothes dryer will harm sales of the washing machine as well.
The basic purpose of the Energy Policy and Conservation Act, as
amended by the National Appliance Energy Conservation Act, is to foster
purchase of energy-efficient appliances, not hinder such purchases. The
BSH condenser clothes dryer makes a dryer available to households where
for physical, structural reasons a vented dryer could otherwise not be
installed. BSH condenser clothes dryers thus offer benefits in the
public interest. To encourage and foster the availability of these
products is in the public interest. Standards programs should not be
used as a means to block innovative, improved designs.\2\ DOE's rules
thus should accommodate and encourage-- not act to block--such a
product.
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\2\ See FTC Advisory Opinion No. 457, TRRP 1718.20 (1971
Transfer Binder); 49 FR 32213 (Aug. 13, 1984); 52 FR 49141, 49147-48
(Dec. 30, 1987).
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Granting the interim waiver and waiver would also eliminate a non-
tariff trade barrier. In addition, grant of relief would help enhance
economic development and employment, including not only BSH's
operations in North Carolina, and Tennessee, but also at major national
retailers and regional dealers that carry BSH products. Furthermore,
continued employment creation and ongoing investments in its marketing,
sales and servicing activities will be fostered by approval of the
interim waiver. Conversely, denial of the requested relief would harm
the company and would be anticompetitive.
We would be pleased to discuss this request with DOE and provide
further information as needed.
BSH will notify all clothes dryer manufacturers of domestically
marketed units known to BSH of this petition and application by letter.
Sincerely,
Dr. Uwe Mette
Director Engineering Laundry Products
[FR Doc. 2011-8143 Filed 4-5-11; 8:45 am]
BILLING CODE 6450-01-P