[Federal Register Volume 74, Number 239 (Tuesday, December 15, 2009)]
[Notices]
[Pages 66335-66338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29782]


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DEPARTMENT OF ENERGY

[Case No. CD-004]


Energy Conservation Program for Consumer Products: Publication of 
the Petition for Waiver and Granting of the Application for Interim 
Waiver of the General Electric Company 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 the General 
Electric Company's (GE's) Petition for Waiver (hereafter, ``petition'') 
from the U.S. Department of Energy (DOE) test procedure for determining 
the energy consumption of residential clothes dryers. The waiver 
request pertains to GE'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 GE an 
interim waiver from the DOE test procedures applicable to residential 
clothes dryers. DOE solicits comments, data, and information with 
respect to GE's petition.

DATES: DOE will accept comments, data, and information with respect to 
GE's Petition until, but no later than January 14, 2010.

ADDRESSES: You may submit comments, identified by case number CD-004, 
by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     E-mail: [email protected]. Include either 
the case number [CD-004], and/or ``GE 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-004, 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,

[[Page 66336]]

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. 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. Earl 
F. Jones, Senior Counsel, GE Consumer & Industrial, Appliance Park 2-
225, Louisville, KY 40225.
    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.

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 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 Title 10 of the Code of 
Federal Regulations (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(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)) 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 July 14, 2009, GE 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. GE seeks a waiver from the applicable test procedures for 
its DCVH480E* and DCVH485E* product models (the two models differ only 
in color) because, GE asserts, design characteristics of this model 
prevent testing according to the currently prescribed test procedures, 
as described in more 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 also granted waivers for the same type 
of clothes dryers to LG Electronics (73 FR 66641, November 10, 2008) 
and Whirlpool Corporation (74 FR 15959, April 8, 2009). GE 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 GE's DCVH480E* and DCVH485E* models.
    In support of its petition, GE 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. GE 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 GE Petition requests that DOE grant a waiver from existing test 
procedures to allow the sale of two models (DCVH480E* and DCVH485E*) 
without testing until DOE prescribes final test procedures and minimum 
energy conservation standards appropriate to condenser clothes dryers. 
Similar to the other manufacturers, GE

[[Page 66337]]

did not include an alternate test procedure in its petition.

III. Application for Interim Waiver

    The GE petition also requests an interim waiver 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 determined that GE'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 GE might experience absent a favorable determination on its 
application for interim waiver. However, DOE understands that absent an 
interim waiver, GE's products would not otherwise be tested and rated 
for energy consumption on a comparable basis with equivalent products 
for which DOE previously granted waivers. In other words, there would 
not be a level playing field and thus GE would be placed at a 
competitive disadvantage. Furthermore, DOE has determined that GE is 
likely to succeed on the merits of its petition for waiver and that it 
is desirable for policy reasons to grant immediate relief. DOE has 
concluded that it is in the public interest to have similar products 
tested and rated for energy consumption on a comparable basis, where 
possible. In addition, DOE has previously granted a number of waivers 
for similar products. 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. DOE also granted LG a similar waiver 
for its DLEC733W condenser clothes dryer. (73 FR 66641 (Nov. 10, 2008)) 
Still more recently, on April 8, 2009, DOE granted an interim waiver to 
Whirlpool Corporation for a very similar condenser clothes dryer (74 FR 
15959).
    Therefore, in light of the long-standing waiver granted to Miele, 
and the recent waivers to LG and Whirlpool, DOE has decided to grant 
GE's application for Interim Waiver from testing of its condenser 
clothes dryers. 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 announces receipt of GE's petition for 
waiver and grants GE an interim waiver from the test procedures 
applicable to GE's DCVH480E* and DCVH485E* condensing clothes dryer 
models. DOE is publishing the GE Petition for Waiver pursuant to 10 CFR 
430.27(b)(1)(iv). The petition as published 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 December 8, 2009.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.

U.S. Department of Energy

Application for Interim Waiver and Petition for Waiver, 10CFR430, 
Subpart B, Appendix D--Uniform Test Method for Measuring the Energy 
Consumption of Clothes Dryers

Case No.

Non-Confidential Version

Submitted by:

Earl F. Jones
Senior Counsel, GE Consumer & Industrial
Appliance Park 2-225
Louisville, KY 40225
[email protected]
502-452-3164 (voice)
502-452-0395 (fax)

U.S. Department of Energy Application for Interim Waiver and Petition 
for Waiver, 10CFR430, Subpart B, Appendix D--Uniform Test Method for 
Measuring the Energy Consumption of Clothes Dryers

Introduction

    GE Consumer & Industrial, an operating division of General Electric 
Co., (``GE'') is a leading manufacturer and marketer of household 
appliances, including, as relevant to this proceeding, clothes dryers, 
files this Application for Interim Waiver and Petition for Waiver 
(``Petition''). GE requests that the Assistant Secretary grant it a 
waiver from certain parts of the test procedure promulgated by the U.S. 
Department of Energy (``DOE'' or ``the Department'') for determining 
clothes dryer energy consumption on the grounds that the basic design 
of the product prevents testing in accordance with the prescribed test 
procedure. This request is filed pursuant to 10 C.F.R. Sec.  430.27.
    GE plans to market a clothes dryer to U.S. consumers whose homes 
cannot accommodate externally vented clothes dryer, e.g., high-rise 
apartments and condominiums among others. In 2008, the U.S. Market for 
such products was approximately 50,000.
    GE plans to import a 24'' wide compact (4.0 cubic feet) condensing 
dryer manufactured by 
[dec223][dec223][dec223][dec223][dec223][dec223][dec223][dec223]. 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 2009.

Need for Relief

    The existing test procedure, 10CFR430, Subpart B, Appendix D, was 
developed for externally vented clothes dryers. The requirement that a 
specific exhaust restriction be placed on the exhaust port of the dryer 
during the test cannot be complied with during the testing of 
condensing clothes dryers, which do not have an exhaust port. 
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 (60FR930) and 
most recently Whirlpool Corp. (75FR15959).
    GE hereby requests an Interim Waiver and Waiver that will allow 
sale of one model without testing under 10 C.F.R., Subpart B. Appendix 
D until such time as that test procedure has language applicable to 
condensing clothes dryers. That model will be General Electric

[[Page 66338]]

brand clothes dryer models DCVH480E*, and DCVH485E*\1\.
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    \1\ In the above models, the 0 in model DCVH480E* represents the 
color white, and the 5 in model DCVH485E represents the color 
silver. The * would be replaced by a letter depending on the year of 
manufacture and the other non-energy related identifiers.
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    Additionally, GE commits to actively support the inclusion of a 
test procedure applicable to condensing dryers in future versions of 
10CFR430, Subpart B, Appendix D and is working 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.
    Thank you for your timely attention to this request for Interim 
Waiver and Waiver.
Respectfully submitted,

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Earl F. Jones, Authorized Representative of GE Consumer & Industrial

CERTIFICATION

    I hereby certify that GE has notified all clothes dryer 
manufacturers listed below known to GE to sell products in the United 
States and forwarded them a copy of this application:
    Alliance Laundry Systems, Inc., BSH Home Appliances Corp. (Bosch-
Siemens Hausgerate GmbH), Electrolux Home Products, Fisher & Paykel 
Appliances, Inc., Haier America Trading, L.L.C., LG Electronics USA 
INC., Miele Appliances, Inc., Samsung Electronics America, Inc. and 
Whirlpool Corporation.
    In addition, GE has provided courtesy copies to: The Association of 
Home Appliance Manufacturers (AHAM), which is generally interested in 
DOE proceedings affecting the industry. ACEEE, NRDC and Alliance to 
Save Energy are not manufacturers but have an interest in energy 
efficiency requirements for appliances.
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Earl F. Jones

[FR Doc. E9-29782 Filed 12-14-09; 8:45 am]
BILLING CODE 6450-01-P