[Federal Register Volume 78, Number 219 (Wednesday, November 13, 2013)]
[Notices]
[Pages 68042-68044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-27114]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. CD-009]


Petition for Waiver and Notice of Granting the Application for 
Interim Waiver of Indesit Company 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 Indesit 
Company (Indesit) 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 Indesit'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 Indesit 
an interim waiver from the DOE test procedure applicable to residential 
clothes dryers. DOE solicits comments, data, and information concerning 
Indesit's petition.

DATES: DOE will accept comments, data, and information with respect to 
Indesit's Petition until December 13, 2013.

ADDRESSES: You may submit comments, identified by case number CD-009, 
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-009] in the subject line of the message.
     Mail: Ms. Brenda Edwards, U.S. Department of Energy, 
Building Technologies Office, Mailstop EE-2J, Petition for Waiver Case 
No. CD-009, 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 Office, 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.

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].
    Ms. Elizabeth Kohl, 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) 586-7796. 
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. 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 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

[[Page 68043]]

petition for waiver, whichever is sooner, and may be extended for an 
additional 180 days, if necessary. 10 CFR 430.27(h).
    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 October 22, 2013, Indesit 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. Indesit seeks a waiver from the applicable test procedure 
for its Ariston TCL73XNA and TCL73XSNA condensing clothes dryers 
because, Indesit 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 granted similar waivers for the same type of clothes dryer to Bosch 
(BSH) (76 FR 33271, June 8, 2011), 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), General Electric (75 FR 13122, March 18, 2010), and 
ASKO Appliances, Inc. (ASKO) (78 FR 53446, August 29, 2013). Indesit 
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 Indesit's Ariston TCL73XNA and TCL73XSNA 
models.
    In support of its petition, Indesit 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. Indesit 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 Indesit petition requests that DOE grant a waiver from the 
existing test procedure to allow for the sale of two models (TCL73XNA 
and TCL73XSNA) 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, 
Indesit did not include an alternate test procedure in its petition.

III. Application for Interim Waiver

    Indesit also requests an interim waiver from the existing DOE test 
procedure for immediate relief. DOE has determined that Indesit'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 Indesit might 
experience absent a favorable determination on its application for 
interim waiver. DOE understands, however, that the Indesit 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 ASKO, BSH, 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 
Indesit is likely to succeed on the merits of its petition for waiver 
for the same reasons set forth in the waivers to other manufacturers, 
and that it is desirable for policy reasons to grant immediate relief.

IV. Interim Waiver Granted

    For the reasons stated above, DOE grants Indesit'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 Indesit is hereby 
granted for Indesit's Ariston TCL73XNA and TCL73XSNA condensing clothes 
dryers. Indesit shall not be required to test its Ariston TCL73XNA and 
TCL73XSNA condensing clothes dryers on the basis of the test procedure 
under 10 CFR part 430, subpart B, appendix D, consistent with the 
timing provisions in 430.27(h).
    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. Indesit 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 part 429.
    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 Indesit an interim waiver from 
the specified portions of the test procedure applicable to Indesit's 
Ariston TCL73XNA and TCL73XSNA condensing clothes dryers and announces 
receipt of Indesit's petition for waiver from those same portions of 
the test procedure. DOE publishes Indesit'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 
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. Aldo 
Cariati, Indesit Company, Centro Gerre 2000, Via Pobiette, 11, CH--6928 
Manno (Lugano), Switerland. 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

[[Page 68044]]

status of the information and treat it according to its determination.

    Issued in Washington, DC, on November 6, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.
22nd October 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.

    Dear Assistant Secretary Danielson, Indesit Company 
International Business S.A. based in Lugano, Ticino 6928 Switzerland 
hereby submits this Petition for Waiver and application for Interim 
Waiver, pursuant to 10 CFR 430.27, for its Ariston branded condenser 
tumble dryer models TCL 73 X NA and TCL 73 XS NA.
    Indesit Company is a European manufacturer of household 
appliances including refrigeration, washing machines, cookers and 
dishwashers in addition to tumble dryers. The company head office is 
in Italy and the tumble dryer manufacturing plant is in the UK. In 
addition to tumble dryers Indesit Company also sells, washers, 
washerdryers, hobs, ovens and hoods in the USA under the Ariston, 
Scholtes and Splendide brands.
    This petition and application are based on the following major 
points:
    1. Indesit's petition is for condenser clothes dryer models 
TCL73XNA and TCL73XSNA for sale in the USA during the remainder of 
2013 and 2014.
    2. The test procedures outlined in 10 CFR part 430, subpart B, 
appendix D cannot be applied to condensing type tumble dryers.
    3. Waivers have previously been granted for similar products 
produced by other manufacturers including Bosch, Miele and ASKO.
    4. The equivalent product on sale in Europe has been tested in 
accordance the European energy labelling standard and complies with 
the European energy labelling directives.
    5. Lack of relief will impose economic hardship on Indesit 
Company particularly where Indesit washing machines are sold as a 
pair with a matching tumble dryer, which is common practice in the 
USA.
    6. Indesit will notify all clothes dryer manufacturers of 
domestically marketed units known to Indesit of this petition and 
application by letter.
    We would be pleased to discuss this request with the DOE and to 
provide any further information as required.

Yours sincerely,

Aldo Cariati,
Marketing Manager International Business, Indesit Company--
International Business S.A., Centro Gerre 2000, Via Pobiette, 11, 
CH--6928 Manno (Lugano), Telephone (+41) 916119900, Fax (+41) 
916119900.

[FR Doc. 2013-27114 Filed 11-12-13; 8:45 am]
BILLING CODE 6450-01-P