[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