[Federal Register Volume 78, Number 118 (Wednesday, June 19, 2013)]
[Notices]
[Pages 36760-36763]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-14590]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. CD-007]


Petition for Waiver and Notice of Granting the Application for 
Interim Waiver of BSH Home Appliances Corporation From the DOE 
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 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 July 19, 2013.

ADDRESSES: You may submit comments, identified by case number CD-007, 
by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: [email protected]. Include the case 
number [Case No. CD-007] 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-007, 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 and comments received, 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 9:00 a.m. and 4:00 p.m., Monday through Friday, except Federal 
holidays. Please call Ms. Brenda Edwards at the above telephone number 
for additional information regarding visiting the Resource Room.

FOR FURTHER INFORMATION CONTACT:
Mr. Bryan Berringer, U.S. Department of Energy, Building Technologies 
Program, Mail Stop EE-2J, Forrestal Building, 1000 Independence Avenue 
SW., Washington, DC 20585-0121. Telephone: (202) 586-0371. Email: 
[email protected].
Mr. James Silvestro, 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) 286-4224. Email: 
[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 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). 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

[[Page 36761]]

application for interim waiver is denied, if it appears likely that the 
petition for waiver will be granted, and/or if 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).
    Please note that on January 6, 2011, DOE published a test procedure 
final rule (76 FR 1032) to include provisions for testing ventless 
clothes dryers. The rule became effective on February 7, 2011, and 
requires compliance on or after January 1, 2015. Ventless clothes 
dryers manufactured on or after January 1, 2015, must be tested with 
the new DOE test procedure.

II. Petition for Waiver of Test Procedure

    On May 10, 2013, 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 
WTB86200UC, WTB86201UC, and WTB86202UC condensing clothes dryers 
because, BSH asserts, design characteristics of these models prevent 
testing in accordance with the currently prescribed test procedure, as 
described in greater detail in the following paragraph. DOE has already 
granted BSH a similar waiver pertaining to their condensing clothes 
dryers. See 76 FR 19087 (April 6, 2011) (interim waiver); 76 FR 33271 
(June 8, 2011) (Decision and Order). DOE also granted waivers for the 
same type of clothes dryer to Miele Appliance, Inc. (Miele) (60 FR 
9330, February 17, 1995; 76 FR 17637, March 30, 2011), LG Electronics 
(73 FR 66641, November 10, 2008), Whirlpool Corporation (74 FR 66334, 
December 15, 2009), and General Electric (75 FR 13122, March 18, 2010). 
BSH claims that its condensing 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 WTB86200UC, WTB86201UC, and 
WTB86202UC 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 condensing 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 its 
condensing clothes dryers for situations in which a conventional vented 
clothes dryer cannot be used, such as high-rise apartments and other 
buildings where exhaust venting is not practical or is cost 
prohibitive.
    The BSH Petition requests that DOE grant a waiver from the existing 
test procedure to allow for the sale of three new models (Bosch 
WTB86200UC, WTB86201UC, and WTB86202UC) until DOE prescribes final test 
procedures and minimum energy conservation standards appropriate to 
condensing clothes dryers. Similar to the other manufacturers of 
condensing clothes dryers, 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 if 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.

IV. Interim Waiver Granted

    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 WTB86200UC, WTB86201UC, and WTB86202UC condensing 
clothes dryers. Until a final decision is made on its petition for 
waiver, BSH shall not be required to test its Bosch WTB86200UC, 
WTB86201UC, and WTB86202UC 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.

V. 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 
WTB86200UC, WTB86201UC, and WTB86202UC 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.
    DOE solicits comments from interested parties on all aspects of the

[[Page 36762]]

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. Mike 
Peebles, Technical Services Manager, Laundry, BSH Home Appliances 
Corporation, 100 Bosch Blvd., New Bern, NC 28562. 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 June 10, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

May 10, 2013

Dr. David T. Danielson,
Assistant Secretary, Energy Efficiency & Renewable Energy, U.S. 
Department of Energy, Mail Station EE-1, 1000 Independence Avenue SW., 
Washington, DC 20585, [email protected].

Via email ([email protected]) and overnight mail

Re: Petition of Waiver and Application for Interim Waiver, BSH 
Condenser Clothes Dryers

    Dear Assistant Secretary Danielson:
    BSH Home Appliances Corporation (``BSH'') hereby submits this 
Petition for Waiver and Application for Interim Waiver, pursuant to 10 
CFR 430.27, for additional models of its condenser type clothes dryers.
    BSH is the manufacturer of household appliances bearing the brand 
names of Bosch, Thermador, and Gaggenau. Its appliances include washing 
machines, clothes dryers, dishwashers, ovens, refrigerator-freezers, 
microwave ovens, and vacuum cleaners, and are sold worldwide, including 
in the United States. BSH's United States operations are headquartered 
in Irvine, California.
    This petition and application are based on the following major 
points:
    1. BSH's petition for new condenser clothes dryers introduced in 
the calendar year 2013 are for models WTB86200UC, WTB86201UC, 
WTB86202UC
    2. DOE's previously granted waiver covering BSH's current models 
WTC82100US and WTE86300US. Case No. CD-006, dated June 8, 2011 FR Vol. 
76, No. 110, pg 33271. http://www.regulations.gov/#!documentDetail;D=EERE-2011-BT-WAV-0025-0002
    3. BSH's new condenser dryers for calendar year 2013 and current 
models (waivered) have exactly the same drying concept and principles 
in relation to the applicable test procedures contained in 10 CFR part 
430, subpart B, appendix D--Uniform Test Method for Measuring the 
Energy Consumption of Clothes Dryers.
    BSH request the same waiver be granted for the new models 
(WTB86200UC, WTB86201UC, WTB86202UC) as was granted for the current 
comparable products (WTC82100US and WTE86300US).
    Additional supplementary and background information is attached and 
can be reviewed at the end of this petition and application.
    The grounds for the previous and this petition and application are:
    a. BHS condenser type clothes dryers do not vent exhaust air to the 
outside (exterior of house or apartment) as a conventional dryer does.
    b. Having no exhaust vent this type product is suited for 
installations 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.
    c. DOE's test procedure ``10 CFR part 430, subpart B, appendix D--
Uniform Test Method for Measuring the Energy Consumption of Clothes 
Dryers'' does not provide any definition or means for testing dryers 
without an exhaust vent (condenser clothes dryers) and does not take 
into account the complex differences of energy usage between vented and 
non-vented clothes dryers.
    d. BSH is not aware of any alternative test procedure to evaluate 
in a manner representative of the energy consumption characteristics of 
condenser clothes dryers.
    e. Lack of relief will impose economic hardship on BSH:
    [cir] 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. Proven by existing waiver for current BSH dryers.
    [cir] BSH dryers are 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 above clearly warrants a waiver. 10 CFR 430.27 provides for 
waiver of DOE test procedures on the grounds that design 
characteristics that either prevent testing according to the prescribed 
test procedure or produce data so unrepresentative that true energy 
consumption characteristics provide materially inaccurate comparative 
data. BSH condenser dryers contain a design characteristic--lack of an 
exhaust--that meet both these requirements. A waiver should therefore 
be granted that provides that BSH is not required to test its condenser 
clothes dryers and the existing minimum energy conservation standard 
for clothes dryers also should not apply to these BSH condenser clothes 
dryers.
    BSH also requests immediate relief by grant of an interim waiver.
    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,
Mike Peebles
Technical Services Manager, Laundry, BSH Home Appliances Corporation, 
100 Bosch Blvd. New Bern, NC 28562, [email protected], Phone (252) 
636-4477
    Additional supplementary and background information:
    i. From DOE's decision June 8, 2011:

Action

    Decision and Order.

Summary

    The U.S. Department of Energy (DOE) gives notice of the decision 
and order (Case No. CD-006) that grants to BSH Home Appliances 
Corporation (BSH) a waiver from the DOE clothes dryer test procedure. 
The waiver pertains to the specified models of condensing residential 
clothes dryer specified in BSH's petition. Condensing clothes dryers 
cannot be tested using the currently applicable DOE test procedure. 
Under today's decision and order, BSH shall be not be required to test 
and rate its specified models of

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residential condensing clothes dryer pursuant to this test procedure.

Dates

    This Decision and Order is effective June 8, 2011.

Supplementary Information

    In accordance with Title 10 of the Code of Federal Regulations (10 
CFR), Section 430.27(l), DOE gives notice of the issuance of its 
decision and order as set forth below. The decision and order grants 
BSH a waiver from the applicable residential clothes dryer test 
procedure at 10 CFR Part 430 subpart B, appendix D, for the two models 
of condensing clothes dryer specified it its petition.
    ii. Excerpts from previous BSH petition for waiver
    a. 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).
    b. Further, the test procedure does not provide any definition or 
mention of 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.
    c. A warranted waiver 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 consume 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 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.''
    d. 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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    e. 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 California, 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.

[FR Doc. 2013-14590 Filed 6-18-13; 8:45 am]
BILLING CODE 6450-01-P