[Federal Register Volume 74, Number 66 (Wednesday, April 8, 2009)]
[Notices]
[Pages 15959-15961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-7945]



[[Page 15959]]

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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.

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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: [email protected]. 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: [email protected]; 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: 
[email protected] or [email protected].

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 A\1\ 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.
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    \1\ This part was originally titled Part B but it was 
redesignated Part A in the United States Code for editorial reasons.
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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(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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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 long-standing 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.
[GRAPHIC] [TIFF OMITTED] TN08AP09.005

2000 M 63, Mail Drop 3005, Benton Harbor, Michigan 49022, Phone: 
269/923-4647, [email protected]

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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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