Energy Conservation Program for Consumer Products: Publication of the Petition for Waiver and Denial of the Application for Interim Waiver of LG Electronics From the Department of Energy Clothes Dryer Test Procedures, 49437-49441 [E6-13945]
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Federal Register / Vol. 71, No. 163 / Wednesday, August 23, 2006 / Notices
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DEPARTMENT OF ENERGY
Office of Energy Efficiency and
Renewable Energy
[Case No. CD–002]
Energy Conservation Program for
Consumer Products: Publication of the
Petition for Waiver and Denial of the
Application for Interim Waiver of LG
Electronics From the Department of
Energy Clothes Dryer Test Procedures
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of Petition for Waiver,
Denial of Application for Interim
Waiver, and request for comments.
AGENCY:
SUMMARY: Today’s notice publishes a
Petition for Waiver from LG Electronics
Inc. (LG). This Petition (hereafter ‘‘LG
Petition’’) requests a waiver from the
Department of Energy (hereafter
‘‘Department’’ or ‘‘DOE’’) test
procedures for residential clothes
dryers. In addition, today’s notice
denies LG an Interim Waiver from the
DOE test procedures applicable to
residential clothes dryers. Today’s
notice also includes an alternate test
procedure the Department may include
in the Decision and Order, should the
Department grant LG a waiver. The
Department is soliciting comments,
data, and information with respect to
the LG Petition, LG’s Application for
Interim Waiver, and the proposed
alternate test procedure.
DATES: The Department will accept
comments, data, and information
regarding this Petition for Waiver until,
but no later than September 22, 2006.
ADDRESSES: Please submit comments,
identified by case number CD–002, by
any of the following methods:
• Mail: Ms. Brenda Edwards-Jones,
U.S. Department of Energy, Building
Technologies Program, Mailstop EE–2J,
Forrestal Building, 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-Jones, U.S. Department of
Energy, Building Technologies Program,
Room 1J–018, Forrestal Building, 1000
Independence Avenue, SW.,
Washington, DC 20585.
• E-mail:
Michael.raymond@ee.doe.gov. Include
either the case number CD–002, and/or
‘‘LG Petition’’ in the subject line of the
message.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
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49437
Instructions: All submissions received
must include the agency name and case
number for this proceeding. Submit
electronic comments in WordPerfect,
Microsoft Word, PDF, or text (ASCII) file
format and 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. The Department does not
accept telefacsimiles (faxes). Any person
submitting written comments must also
send a copy of such comments to the
petitioner. (10 CFR 430.27(b)(1)(iv)) The
contact information for the petitioner of
today’s notice is: Mr. John I. Taylor,
Vice President, Government Relations,
LG Electronics USA, Inc., 1750 K St.,
NW., Washington, DC 20006.
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: 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. The Department 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
read the background documents
relevant to this matter, go to the U.S.
Department of Energy, Forrestal
Building, Room 1J–018 (Resource Room
of the Building Technologies Program),
1000 Independence Avenue, SW.,
Washington, DC 20585–0121, (202) 586–
2945, between 9 a.m. and 4 p.m.,
Monday through Friday, except Federal
holidays. Available Documents include
the following items: this notice, public
comments received, the LG Petition and
Application for Interim Waiver, and
prior Department rulemakings regarding
residential clothes dryers. Please call
Ms. Brenda Edwards-Jones at the above
telephone number for additional
information regarding visiting the
Resource Room. Please note: The
Department’s Freedom of Information
Reading Room (formerly Room 1E–190
at 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–
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Federal Register / Vol. 71, No. 163 / Wednesday, August 23, 2006 / Notices
0121, (202) 586–9611; e-mail:
Michael.Raymond.ee.doe.gov; or
Francine Pinto, Esq., 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:
Francine.Pinto@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Authority
II. Petition for Waiver
III. Application for Interim Waiver
IV. Alternate Test Procedure
V. Summary and Request for Comments
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I. Background and Authority
Title III of the Energy Policy and
Conservation Act (EPCA) sets forth a
variety of provisions concerning energy
efficiency. Part B of Title III (42 U.S.C.
6291–6309) provides for the ‘‘Energy
Conservation Program for Consumer
Products other than Automobiles.’’ Part
B specifically provides for definitions,
test procedures, labeling provisions,
energy conservation standards, and the
authority to require information and
reports from manufacturers. With
respect to test procedures, it generally
authorizes the Secretary of Energy to
prescribe test procedures that are
reasonably designed to produce results
which reflect energy efficiency, energy
use and estimated operating costs, and
that are not unduly burdensome to
conduct. (42 U.S.C. 6293(b)(3)) EPCA
provides that the Secretary of Energy
may amend test procedures for
consumer products if the Secretary
determines that amended test
procedures would more accurately
reflect energy efficiency, energy use and
estimated operating costs, and would
not be unduly burdensome to conduct.
(42 U.S.C. 6293(b))
Today’s notice involves residential
products covered under Part B. The LG
Petition requests a waiver from the
residential test procedures for LG’s
DLEC733W model of condenser clothes
dryer. The test procedures for clothes
dryers appear at 10 CFR Part 430,
Subpart B, Appendix D.
The Department’s regulations contain
provisions allowing a person to seek a
waiver from the test procedure
requirements for covered consumer
products (10 CFR 430.27). The waiver
provisions allow the Assistant Secretary
for Energy Efficiency and Renewable
Energy (hereafter ‘‘Assistant Secretary’’)
to temporarily waive test procedures for
a particular basic model when a
petitioner shows that the basic model
contains one or more design
characteristics that prevent testing
according to the prescribed test
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procedures, or when the prescribed test
procedures may evaluate the basic
model in a manner so unrepresentative
of its true energy consumption as to
provide materially inaccurate
comparative data. (10 CFR 430.27(a)(1))
The Assistant Secretary may grant the
waiver subject to conditions, including
adherence to alternate test procedures.
Petitioners are to 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))
Waivers generally remain in effect until
final test procedure amendments
become effective, thereby resolving the
problem that is the subject of the
waiver.
The waiver process also allows the
Assistant Secretary to grant an Interim
Waiver from test procedure
requirements to manufacturers that have
petitioned the Department 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 the Department 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 November 14, 2005, LG filed a
Petition for Waiver and an Application
for Interim Waiver from the test
procedures applicable to its residential
clothes dryers. LG seeks a waiver from
the applicable test procedures for its
DLEC733W basic product model
because, LG asserts, design
characteristics prevent testing according
to the currently prescribed test
procedures. In 1995, the Department
granted Miele Appliance, Inc. (Miele), a
waiver from test procedures for a
different model of condenser clothes
dryer. (60 FR 9330, February 17, 1995)
LG claims that its condenser clothes
dryers cannot be tested pursuant to the
existing test procedures and requests
that the same waiver granted to Miele
for its T1565CA and T15701C models in
1995 be granted for LG’s DLEC733W
model.
In particular, LG 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 to simulate
the backpressure effects of a vent tube
in an installed condition. LG’s
condenser dryers do not have exhaust
vents as they do not exhaust air as
conventional, vented dryers.
Furthermore, LG states that DOE’s test
procedures for clothes dryers provide no
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definition or mention of condenser
clothes dryers.
In addition, LG asserts that the
condenser clothes dryer inherently
consumes more energy to dry a load of
clothes than a conventional, vented
dryer. However, LG claims, condenser
dryers offer additional utility to
consumers over conventional dryers. LG
also claims that 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 LG Petition requests that DOE
grant a waiver from existing test
procedures until DOE prescribes final
test procedures and minimum energy
conservation standards that are,
according to LG, ‘‘appropriate to LG’s
condenser clothes dryers.’’ (LG Petition
for Waiver, page 4) LG did not include
an alternate test procedure in its
petition, and noted that it is not aware
of any alternative test procedure that
could appropriately evaluate its
products.
III. Application for Interim Waiver
The LG 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))
LG’s Application for Interim Waiver
does not provide sufficient information
to permit DOE to evaluate the economic
hardship LG claims it will experience
absent a favorable determination on its
Application for Interim Waiver. LG’s
discussion of anticipated economic
hardship is entirely qualitative:
‘‘significant investment,’’ ‘‘significant
losses in goodwill and brand
acceptance.’’
Furthermore, public policy would not
tend to favor granting LG an Interim
Waiver, pending determination of the
Petition for Waiver. DOE believes that
where it grants a waiver from applicable
test procedures, an alternate test
procedure should be in place, where
possible, because testing is necessary to
verify compliance with the applicable
energy standards. Maintaining proper
compliance ensures the public that
marketed products meet published
energy standards. However, in this case,
it appears to DOE that industry has
made no effort to develop an alternate
test procedure, even though it is
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possible to develop one. LG did not
propose an alternate test procedure in
its Petition. To help provide a means to
evaluate compliance of condenser
dryers, DOE has developed an alternate
test procedure on which it is seeking
comment in this notice. However,
because DOE is still seeking such
comment, DOE is not yet prepared to
require LG to follow this alternate test
procedure and grant this interim waiver.
Furthermore, pending public
comment, it is not clear to DOE what,
if any, type of waiver it would grant LG
in the Decision and Order. In 1995, DOE
granted Miele Appliances, Inc. a waiver
from test procedures because it
determined that the clothes dryer test
procedure was not applicable to Miele
condenser clothes dryers. (60 FR 9330,
February 17, 1995) In addition, DOE
provided 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.
Though DOE determined in 1995 that
Miele’s condenser dryers should not be
subject to the energy standards, it is not
evident that the same conditions exist
today to warrant a similar waiver for
LG’s products.
In particular, it appears that the
clothes dryer market has developed
since 1995 and that it may be possible
to manufacture condenser clothes dryers
that are as, or more, efficient than
traditional vented clothes dryers.
Advanced Engineering from Germany
(AEG), for example, currently makes a
highly efficient heat pump condenser
dryer which it offers in Europe. Waiving
the applicable clothes dryer energy
standard for LG might permit LG to
manufacture and sell clothes dryers that
are less efficient than existing standards,
though the technology to meet or exceed
these efficiencies may be available.
However, because the potential of
current condenser clothes dryer
technology is not fully known and it is
not clear whether condenser clothes
dryers may meet current minimum
energy standards, more information is
needed to assess what, if any, sort of
waiver is appropriate. Furthermore,
more information about the LG
condensing dryer is needed for DOE to
assess the impact of the alternate test
procedure that is proposed and
published in this notice.
In sum, because: (a) It is not clear that
DOE would ultimately exempt LG’s
products from the applicable energy
standards as it did in the case of Miele;
(b) it is desirable for public policy
reasons to develop an alternate test
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procedure, where possible, when energy
standards are in effect; and (c) the
proposed alternate test procedure is still
undergoing evaluation, DOE is denying
LG’s Application for an Interim Waiver.
This denial of Interim Waiver is based
upon the presumed validity of
statements submitted by stakeholders.
This denial of Interim Waiver may be
modified at any time upon a
determination that the factual basis
underlying the application is incorrect.
IV. Alternate Test Procedure
The Department will make a judgment
on the LG Petition after the period for
public comment. However, should DOE
grant LG a waiver for its DLEC733W
condenser clothes dryer model, DOE
would likely prescribe an alternate test
procedure. Manufacturers face
restrictions with respect to making
representations about the energy
consumption and energy consumption
costs of products covered by EPCA. (42
U.S.C. 6293(c)) Consistent
representations are important for
manufacturers who make claims about
the energy efficiency of their products.
For example, they are necessary to
determine compliance with Federal,
state or local energy codes and
regulatory requirements, and can
provide valuable consumer purchasing
information.
Therefore, DOE is considering issuing
an alternate test procedure for LG in the
upcoming Decision and Order. The
Department is publishing the proposed
alternate test procedure in this notice,
though it has not yet made a
determination on the petition, to
account for the potential need for an
alternate test procedure and to allow the
public to comment on a proposed
alternate test procedure. LG did not
include an alternate test procedure in its
petition. However, LG noted that it
knows of no other test procedure that
would rate its condenser dryer products.
DOE is considering including in the
Decision and Order an alternate test
procedure that is based on existing test
procedures for clothes dryers, but
removes the requirement to use an
exhaust restrictor.
The Department proposes the
following language: 10 CFR Parts 430
Subpart B, Appendix D—‘‘Uniform Test
Method for Measuring the Energy
Consumption of Clothes Dryers,’’ as
amended:
(A) Section 1 is amended by adding
the two following definitions at the end
of the section:
1.14 ‘‘Conventional clothes dryer’’
means a clothes dryer that exhausts the
evaporated moisture from the cabinet.
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1.15 ‘‘Condensing clothes dryer’’
means a clothes dryer that uses a closed
loop system with an internal condenser
to remove the evaporated moisture from
the heated air. The moist air is not
discharged from the cabinet.
(B) Section 2.1 is amended by striking
the second and third sentences, ‘‘The
dryer exhaust shall be restricted by
adding the AHAM exhaust simulator
described in 3.3.5 of HLD–1’’ and ‘‘All
external joints should be taped to avoid
air leakage,’’ and by adding the
following sentences at the end of the
paragraph: ‘‘For conventional clothes
dryers, the dryer exhaust shall be
restricted by adding the AHAM exhaust
simulator described in 3.3.5 of HLD–1.
All external joints should be taped to
avoid air leakage.’’
V. Summary and Request for Comments
Today’s notice announces LG’s
Petition for Waiver and denies LG an
Interim Waiver from the test procedures
applicable to LG’s DLEC733W model
condensing clothes dryers. The
Department is publishing the LG
Petition for Waiver in its entirety. The
Petition contains no confidential
information. Furthermore, today’s
notice includes an alternate test
procedure that the Department is
considering for testing of condensing
clothes dryers. In this alternate test
procedure, the Department proposes
eliminating the requirement to use an
exhaust restrictor for condenser clothes
dryers.
The Department is interested in
receiving comments on all aspects of
this notice. The Department is
particularly interested in receiving
comments and views of interested
parties concerning whether to grant the
LG Petition and regarding the proposed
alternate test procedure. Specifically,
the Department would like to receive
comment on the following questions:
• The LG Petition states that the
condensing clothes dryer inherently
uses more energy to dry a load of
clothes than a conventional dryer.
However, it appears that full-size
condenser dryers may be able to meet
existing minimum energy standards.
The Department is interested in
comment on what, if any, technologies
could allow condenser clothes dryers to
meet existing minimum energy
standards. Furthermore, the Department
is interested in comments on whether
any condenser clothes dryers available
in the U.S. or other consumer markets
currently meet the U.S. minimum
energy standard.
• If other condenser clothes dryers
are able to meet the existing minimum
energy standards, is it appropriate for
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DOE to require LG to meet existing
energy standards despite their potential
added utility? What is appropriate for
DOE to require of LG should no other
condenser dryers meet current energy
standards?
• Is it appropriate for LG to use the
proposed alternate test procedure for
ratings, representations and compliance
with energy codes and regulatory
requirements?
• Are the alternate test procedure’s
additional definitions for conventional
and condenser clothes dryers robust,
and do they fully apply to LG’s
condensing clothes dryers?
• Current test procedures for clothes
dryers require that the ambient
temperature for testing conditions be
maintained within a range of 3F, and
that the humidity be maintained within
a range of 10 percent relative humidity.
Is it reasonable to require similar ranges
for the testing of condensing clothes
dryers?
In addition, the Department is
interested in receiving general
comments on possible modifications to
any test procedures or alternative rating
methods which the Department could
use to fairly represent the energy
efficiency LG’s condensing clothes dryer
products.
Any person submitting written
comments must also send a copy of
such comments to the petitioner, whose
contact information is cited above. (10
CFR 430.27(b)(1)(iv))
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Issued in Washington, DC, on August 11,
2006.
Alexander A. Karsner,
Assistant Secretary, Energy Efficiency and
Renewable Energy.
November 14, 2005.
Assistant Secretary for Conservation and
Renewable Energy,
United States Department of Energy,
Forrestal Building,
1000 Independence Avenue, SW.,
Washington, DC 20585.
Re: Petition for Waiver and Application
for Interim Waiver, LG Electronics
Condensing Clothes Dryers
Dear Assistant Secretary:
LG Electronics, Inc (LG) 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).
LG is a manufacturer of digital
appliances, as well as mobile
communications, digital displays, and
digital media products. Its appliances
include washing machines, clothes
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dryers, refrigerator-freezers, airconditioners, air cleaners, ovens,
microwave ovens, dishwashers, and
vacuum cleaners and are sold
worldwide, including in the United
States. LG’s U.S. operations are LG
Electronics USA, Inc, with headquarters
at 1000 Sylvan Avenue, Englewood
Cliffs, NJ 07632 (tel. 202–816–2000). Its
worldwide headquarters are located at
LG Twin Towers 20, Yoido-dong,
Youngdungpo-gu Seoul, Korea 150–721
(tel. 011–82–2–3777–1114) URL:
http.www.LGE.com. LG’s principal
brands include LG, and OEM brands
including GE and Kenmore. LG’s
appliances are produced in Korea and
Mexico.
LG plans to market highly efficient,
advanced-design condenser (nonvented) clothes dryers. (The current LG
model number of these products is
DLEC733W.) 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
inside the appliance thereby condensing
out the moisture. Thus, 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
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
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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clothes dryers. Since LG’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 LG
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 LG 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
LG is not required to test its condenser
clothes dryers. The existing minimum
energy conservation standard for clothes
dryers also should not apply to these LG
condenser clothes dryers. The waiver
should remain in effect until DOE
prescribes final test procedures and
minimum energy conservation
standards appropriate to LG’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
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Federal Register / Vol. 71, No. 163 / Wednesday, August 23, 2006 / Notices
sroberts on PROD1PC70 with NOTICES
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.’’
LG urges that the same waiver be
granted to LG as was granted to Miele
for its comparable product.
Manufacturers of all other basic
models marketed in the United States
and known to LG to incorporate similar
design characteristics as the LG
condenser clothes dryer include Miele
and Bosch (model number WTL5410).
LG is not aware of any alternative test
procedure to evaluate in a manner
representative of the energy
consumption characteristics of the LG
condenser clothes dryers. LG 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 LG’s
knowledge, DOE has not done so.
LG 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 LG. LG 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 LG condensing clothes
dryers. Lack of relief would not allow
LG to recoup this investment and would
deny LG anticipated sales revenue. This
does not take into account significant
losses in goodwill and brand
acceptance.
Beyond that, since the LG condensing
clothes dryer is intended to be sold as
a pair with LG washing machines an
inability to sell the clothes dryer will
VerDate Aug<31>2005
20:00 Aug 22, 2006
Jkt 208001
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 LG
condenser clothes dryer makes a dryer
available to households where for
physical, structural reasons a vented
dryer could otherwise not be installed.
LG 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.
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 LG
Electronics USA’s operations in New
Jersey, Illinois and Alabama, but also at
major national retailers and regional
dealers that carry LG 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.
We hereby certify that all clothes
dryer manufacturers of domestically
marketed units known to LG have been
notified by letter of this petition and
application, copies of which letters are
attached.
Sincerely,
Richard Donner, Product Planning
Manager, North America Product
Planning Group, LG Electronics USA,
Inc, 2000 Millbrook Drive,
Lincolnshire, IL 60069, Phone: 201–
906–9878, Fax: 847–941–8340, Email: rdonner@lge.com.
John I. Taylor, Vice President,
Government Relations, LG Electronics
USA, Inc, 1750 K Street, NW.,
Washington, DC 20006, Phone: 202–
719–3490, Fax: 847–941–8177, Email: jtaylor@lge.com.
Of counsel:
John A. Hodges, James T. Bruce, Wiley
Rein & Fielding LLP, Washington, DC
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).
PO 00000
Frm 00031
Fmt 4703
Sfmt 4703
49441
20006, Phone: 202–719–7000, Fax:
202–719–7049, E-mail:
jhodges@wrf.com, jbruce@wrf.com.
[FR Doc. E6–13945 Filed 8–22–06; 8:45 am]
BILLING CODE 6450–01–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–8212–7]
National Advisory Council for
Environmental Policy and Technology
Environmental Technology
Subcommittee
Environmental Protection
Agency (EPA).
ACTION: Notice of meeting.
AGENCY:
SUMMARY: Under the Federal Advisory
Committee Act, P.L. 92463, EPA gives
notice of a meeting of the
Environmental Technology
Subcommittee of the National Advisory
Council for Environmental Policy and
Technology (NACEPT). NACEPT
provides advice and recommendations
to the Administrator of EPA on a broad
range of environmental policy,
technology, and management issues.
The Environmental Technology
Subcommittee was formed to assist EPA
in evaluating its current and potential
role in the development and
commercialization of environmental
technologies by suggesting how to
optimize existing EPA programs to
facilitate the development of sustainable
private sector technologies, and by
suggesting alternative approaches to
achieving these goals. The purpose of
the meeting is to continue the
Subcommittee’s consideration of these
issues. A copy of the agenda for the
meeting will be posted at https://
www.epa.gov/ocem/nacept/calnacept.htm.
The NACEPT Environmental
Technology Subcommittee will hold a
two day open meeting on Thursday,
September 14, 2006 from 9 a.m. to 5:30
p.m. and Friday, September 15, 2006
from 8:30 a.m. to 1:30 p.m.
ADDRESSES: The meeting will be held at
the Marriott Crystal City Hotel, 1999
Jefferson Davis Highway, Arlington,
Virginia 22202. The meeting is open to
the public, with limited seating on a
first-come, first-served basis.
FOR FURTHER INFORMATION CONTACT:
Mark Joyce, Designated Federal Officer,
joyce.mark@epa.gov, 202–233–0068,
U.S. EPA, Office of Cooperative
Environmental Management (1601E),
1200 Pennsylvania Avenue, NW.,
Washington, DC 20460.
DATES:
E:\FR\FM\23AUN1.SGM
23AUN1
]]>Agencies
[Federal Register Volume 71, Number 163 (Wednesday, August 23, 2006)]
[Notices]
[Pages 49437-49441]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-13945]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. CD-002]
Energy Conservation Program for Consumer Products: Publication of
the Petition for Waiver and Denial of the Application for Interim
Waiver of LG Electronics 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, Denial of Application for
Interim Waiver, and request for comments.
-----------------------------------------------------------------------
SUMMARY: Today's notice publishes a Petition for Waiver from LG
Electronics Inc. (LG). This Petition (hereafter ``LG Petition'')
requests a waiver from the Department of Energy (hereafter
``Department'' or ``DOE'') test procedures for residential clothes
dryers. In addition, today's notice denies LG an Interim Waiver from
the DOE test procedures applicable to residential clothes dryers.
Today's notice also includes an alternate test procedure the Department
may include in the Decision and Order, should the Department grant LG a
waiver. The Department is soliciting comments, data, and information
with respect to the LG Petition, LG's Application for Interim Waiver,
and the proposed alternate test procedure.
DATES: The Department will accept comments, data, and information
regarding this Petition for Waiver until, but no later than September
22, 2006.
ADDRESSES: Please submit comments, identified by case number CD-002, by
any of the following methods:
Mail: Ms. Brenda Edwards-Jones, U.S. Department of Energy,
Building Technologies Program, Mailstop EE-2J, Forrestal Building, 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-Jones, U.S.
Department of Energy, Building Technologies Program, Room 1J-018,
Forrestal Building, 1000 Independence Avenue, SW., Washington, DC
20585.
E-mail: Michael.raymond@ee.doe.gov. Include either the
case number CD-002, and/or ``LG Petition'' in the subject line of the
message.
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Instructions: All submissions received must include the agency name
and case number for this proceeding. Submit electronic comments in
WordPerfect, Microsoft Word, PDF, or text (ASCII) file format and 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. The Department does not accept telefacsimiles (faxes). Any
person submitting written comments must also send a copy of such
comments to the petitioner. (10 CFR 430.27(b)(1)(iv)) The contact
information for the petitioner of today's notice is: Mr. John I.
Taylor, Vice President, Government Relations, LG Electronics USA, Inc.,
1750 K St., NW., Washington, DC 20006.
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: 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. The
Department 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 read the background documents
relevant to this matter, go to the U.S. Department of Energy, Forrestal
Building, Room 1J-018 (Resource Room of the Building Technologies
Program), 1000 Independence Avenue, SW., Washington, DC 20585-0121,
(202) 586-2945, between 9 a.m. and 4 p.m., Monday through Friday,
except Federal holidays. Available Documents include the following
items: this notice, public comments received, the LG Petition and
Application for Interim Waiver, and prior Department rulemakings
regarding residential clothes dryers. Please call Ms. Brenda Edwards-
Jones at the above telephone number for additional information
regarding visiting the Resource Room. Please note: The Department's
Freedom of Information Reading Room (formerly Room 1E-190 at 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-
[[Page 49438]]
0121, (202) 586-9611; e-mail: Michael.Raymond.ee.doe.gov; or Francine
Pinto, Esq., 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:
Francine.Pinto@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Authority
II. Petition for Waiver
III. Application for Interim Waiver
IV. Alternate Test Procedure
V. Summary and Request for Comments
I. Background and Authority
Title III of the Energy Policy and Conservation Act (EPCA) sets
forth a variety of provisions concerning energy efficiency. Part B of
Title III (42 U.S.C. 6291-6309) provides for the ``Energy Conservation
Program for Consumer Products other than Automobiles.'' Part B
specifically provides for definitions, test procedures, labeling
provisions, energy conservation standards, and the authority to require
information and reports from manufacturers. With respect to test
procedures, it generally authorizes the Secretary of Energy to
prescribe test procedures that are reasonably designed to produce
results which reflect energy efficiency, energy use and estimated
operating costs, and that are not unduly burdensome to conduct. (42
U.S.C. 6293(b)(3)) EPCA provides that the Secretary of Energy may amend
test procedures for consumer products if the Secretary determines that
amended test procedures would more accurately reflect energy
efficiency, energy use and estimated operating costs, and would not be
unduly burdensome to conduct. (42 U.S.C. 6293(b))
Today's notice involves residential products covered under Part B.
The LG Petition requests a waiver from the residential test procedures
for LG's DLEC733W model of condenser clothes dryer. The test procedures
for clothes dryers appear at 10 CFR Part 430, Subpart B, Appendix D.
The Department's regulations contain provisions allowing a person
to seek a waiver from the test procedure requirements for covered
consumer products (10 CFR 430.27). The waiver provisions allow the
Assistant Secretary for Energy Efficiency and Renewable Energy
(hereafter ``Assistant Secretary'') to temporarily waive test
procedures for a particular basic model when a petitioner shows that
the basic model contains one or more design characteristics that
prevent testing according to the prescribed test procedures, or when
the prescribed test procedures may evaluate the basic model in a manner
so unrepresentative of its true energy consumption as to provide
materially inaccurate comparative data. (10 CFR 430.27(a)(1)) The
Assistant Secretary may grant the waiver subject to conditions,
including adherence to alternate test procedures. Petitioners are to
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)) Waivers generally remain in
effect until final test procedure amendments become effective, thereby
resolving the problem that is the subject of the waiver.
The waiver process also allows the Assistant Secretary to grant an
Interim Waiver from test procedure requirements to manufacturers that
have petitioned the Department 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 the Department 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 November 14, 2005, LG filed a Petition for Waiver and an
Application for Interim Waiver from the test procedures applicable to
its residential clothes dryers. LG seeks a waiver from the applicable
test procedures for its DLEC733W basic product model because, LG
asserts, design characteristics prevent testing according to the
currently prescribed test procedures. In 1995, the Department granted
Miele Appliance, Inc. (Miele), a waiver from test procedures for a
different model of condenser clothes dryer. (60 FR 9330, February 17,
1995) LG claims that its condenser clothes dryers cannot be tested
pursuant to the existing test procedures and requests that the same
waiver granted to Miele for its T1565CA and T15701C models in 1995 be
granted for LG's DLEC733W model.
In particular, LG 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 to simulate the
backpressure effects of a vent tube in an installed condition. LG's
condenser dryers do not have exhaust vents as they do not exhaust air
as conventional, vented dryers. Furthermore, LG states that DOE's test
procedures for clothes dryers provide no definition or mention of
condenser clothes dryers.
In addition, LG asserts that the condenser clothes dryer inherently
consumes more energy to dry a load of clothes than a conventional,
vented dryer. However, LG claims, condenser dryers offer additional
utility to consumers over conventional dryers. LG also claims that 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 LG Petition requests that DOE grant a waiver from existing test
procedures until DOE prescribes final test procedures and minimum
energy conservation standards that are, according to LG, ``appropriate
to LG's condenser clothes dryers.'' (LG Petition for Waiver, page 4) LG
did not include an alternate test procedure in its petition, and noted
that it is not aware of any alternative test procedure that could
appropriately evaluate its products.
III. Application for Interim Waiver
The LG 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))
LG's Application for Interim Waiver does not provide sufficient
information to permit DOE to evaluate the economic hardship LG claims
it will experience absent a favorable determination on its Application
for Interim Waiver. LG's discussion of anticipated economic hardship is
entirely qualitative: ``significant investment,'' ``significant losses
in goodwill and brand acceptance.''
Furthermore, public policy would not tend to favor granting LG an
Interim Waiver, pending determination of the Petition for Waiver. DOE
believes that where it grants a waiver from applicable test procedures,
an alternate test procedure should be in place, where possible, because
testing is necessary to verify compliance with the applicable energy
standards. Maintaining proper compliance ensures the public that
marketed products meet published energy standards. However, in this
case, it appears to DOE that industry has made no effort to develop an
alternate test procedure, even though it is
[[Page 49439]]
possible to develop one. LG did not propose an alternate test procedure
in its Petition. To help provide a means to evaluate compliance of
condenser dryers, DOE has developed an alternate test procedure on
which it is seeking comment in this notice. However, because DOE is
still seeking such comment, DOE is not yet prepared to require LG to
follow this alternate test procedure and grant this interim waiver.
Furthermore, pending public comment, it is not clear to DOE what,
if any, type of waiver it would grant LG in the Decision and Order. In
1995, DOE granted Miele Appliances, Inc. a waiver from test procedures
because it determined that the clothes dryer test procedure was not
applicable to Miele condenser clothes dryers. (60 FR 9330, February 17,
1995) In addition, DOE provided 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. Though DOE determined in 1995 that Miele's condenser dryers
should not be subject to the energy standards, it is not evident that
the same conditions exist today to warrant a similar waiver for LG's
products.
In particular, it appears that the clothes dryer market has
developed since 1995 and that it may be possible to manufacture
condenser clothes dryers that are as, or more, efficient than
traditional vented clothes dryers. Advanced Engineering from Germany
(AEG), for example, currently makes a highly efficient heat pump
condenser dryer which it offers in Europe. Waiving the applicable
clothes dryer energy standard for LG might permit LG to manufacture and
sell clothes dryers that are less efficient than existing standards,
though the technology to meet or exceed these efficiencies may be
available. However, because the potential of current condenser clothes
dryer technology is not fully known and it is not clear whether
condenser clothes dryers may meet current minimum energy standards,
more information is needed to assess what, if any, sort of waiver is
appropriate. Furthermore, more information about the LG condensing
dryer is needed for DOE to assess the impact of the alternate test
procedure that is proposed and published in this notice.
In sum, because: (a) It is not clear that DOE would ultimately
exempt LG's products from the applicable energy standards as it did in
the case of Miele; (b) it is desirable for public policy reasons to
develop an alternate test procedure, where possible, when energy
standards are in effect; and (c) the proposed alternate test procedure
is still undergoing evaluation, DOE is denying LG's Application for an
Interim Waiver. This denial of Interim Waiver is based upon the
presumed validity of statements submitted by stakeholders. This denial
of Interim Waiver may be modified at any time upon a determination that
the factual basis underlying the application is incorrect.
IV. Alternate Test Procedure
The Department will make a judgment on the LG Petition after the
period for public comment. However, should DOE grant LG a waiver for
its DLEC733W condenser clothes dryer model, DOE would likely prescribe
an alternate test procedure. Manufacturers face restrictions with
respect to making representations about the energy consumption and
energy consumption costs of products covered by EPCA. (42 U.S.C.
6293(c)) Consistent representations are important for manufacturers who
make claims about the energy efficiency of their products. For example,
they are necessary to determine compliance with Federal, state or local
energy codes and regulatory requirements, and can provide valuable
consumer purchasing information.
Therefore, DOE is considering issuing an alternate test procedure
for LG in the upcoming Decision and Order. The Department is publishing
the proposed alternate test procedure in this notice, though it has not
yet made a determination on the petition, to account for the potential
need for an alternate test procedure and to allow the public to comment
on a proposed alternate test procedure. LG did not include an alternate
test procedure in its petition. However, LG noted that it knows of no
other test procedure that would rate its condenser dryer products. DOE
is considering including in the Decision and Order an alternate test
procedure that is based on existing test procedures for clothes dryers,
but removes the requirement to use an exhaust restrictor.
The Department proposes the following language: 10 CFR Parts 430
Subpart B, Appendix D--``Uniform Test Method for Measuring the Energy
Consumption of Clothes Dryers,'' as amended:
(A) Section 1 is amended by adding the two following definitions at
the end of the section:
1.14 ``Conventional clothes dryer'' means a clothes dryer that
exhausts the evaporated moisture from the cabinet.
1.15 ``Condensing clothes dryer'' means a clothes dryer that uses a
closed loop system with an internal condenser to remove the evaporated
moisture from the heated air. The moist air is not discharged from the
cabinet.
(B) Section 2.1 is amended by striking the second and third
sentences, ``The dryer exhaust shall be restricted by adding the AHAM
exhaust simulator described in 3.3.5 of HLD-1'' and ``All external
joints should be taped to avoid air leakage,'' and by adding the
following sentences at the end of the paragraph: ``For conventional
clothes dryers, the dryer exhaust shall be restricted by adding the
AHAM exhaust simulator described in 3.3.5 of HLD-1. All external joints
should be taped to avoid air leakage.''
V. Summary and Request for Comments
Today's notice announces LG's Petition for Waiver and denies LG an
Interim Waiver from the test procedures applicable to LG's DLEC733W
model condensing clothes dryers. The Department is publishing the LG
Petition for Waiver in its entirety. The Petition contains no
confidential information. Furthermore, today's notice includes an
alternate test procedure that the Department is considering for testing
of condensing clothes dryers. In this alternate test procedure, the
Department proposes eliminating the requirement to use an exhaust
restrictor for condenser clothes dryers.
The Department is interested in receiving comments on all aspects
of this notice. The Department is particularly interested in receiving
comments and views of interested parties concerning whether to grant
the LG Petition and regarding the proposed alternate test procedure.
Specifically, the Department would like to receive comment on the
following questions:
The LG Petition states that the condensing clothes dryer
inherently uses more energy to dry a load of clothes than a
conventional dryer. However, it appears that full-size condenser dryers
may be able to meet existing minimum energy standards. The Department
is interested in comment on what, if any, technologies could allow
condenser clothes dryers to meet existing minimum energy standards.
Furthermore, the Department is interested in comments on whether any
condenser clothes dryers available in the U.S. or other consumer
markets currently meet the U.S. minimum energy standard.
If other condenser clothes dryers are able to meet the
existing minimum energy standards, is it appropriate for
[[Page 49440]]
DOE to require LG to meet existing energy standards despite their
potential added utility? What is appropriate for DOE to require of LG
should no other condenser dryers meet current energy standards?
Is it appropriate for LG to use the proposed alternate
test procedure for ratings, representations and compliance with energy
codes and regulatory requirements?
Are the alternate test procedure's additional definitions
for conventional and condenser clothes dryers robust, and do they fully
apply to LG's condensing clothes dryers?
Current test procedures for clothes dryers require that
the ambient temperature for testing conditions be maintained within a
range of 3F, and that the humidity be maintained within a range of 10
percent relative humidity. Is it reasonable to require similar ranges
for the testing of condensing clothes dryers?
In addition, the Department is interested in receiving general
comments on possible modifications to any test procedures or
alternative rating methods which the Department could use to fairly
represent the energy efficiency LG's condensing clothes dryer products.
Any person submitting written comments must also send a copy of
such comments to the petitioner, whose contact information is cited
above. (10 CFR 430.27(b)(1)(iv))
Issued in Washington, DC, on August 11, 2006.
Alexander A. Karsner,
Assistant Secretary, Energy Efficiency and Renewable Energy.
November 14, 2005.
Assistant Secretary for Conservation and Renewable Energy,
United States Department of Energy,
Forrestal Building,
1000 Independence Avenue, SW.,
Washington, DC 20585.
Re: Petition for Waiver and Application for Interim Waiver, LG
Electronics Condensing Clothes Dryers
Dear Assistant Secretary:
LG Electronics, Inc (LG) 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).
LG is a manufacturer of digital appliances, as well as mobile
communications, digital displays, and digital media products. Its
appliances include washing machines, clothes dryers, refrigerator-
freezers, air-conditioners, air cleaners, ovens, microwave ovens,
dishwashers, and vacuum cleaners and are sold worldwide, including in
the United States. LG's U.S. operations are LG Electronics USA, Inc,
with headquarters at 1000 Sylvan Avenue, Englewood Cliffs, NJ 07632
(tel. 202-816-2000). Its worldwide headquarters are located at LG Twin
Towers 20, Yoido-dong, Youngdungpo-gu Seoul, Korea 150-721 (tel. 011-
82-2-3777-1114) URL: http.www.LGE.com. LG's principal brands include
LG[supreg], and OEM brands including GE[supreg] and Kenmore[supreg].
LG's appliances are produced in Korea and Mexico.
LG plans to market highly efficient, advanced-design condenser
(non-vented) clothes dryers. (The current LG model number of these
products is DLEC733W.) 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 inside the appliance thereby condensing out the
moisture. Thus, 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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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 LG'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 LG 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 LG 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 LG is not required to test its
condenser clothes dryers. The existing minimum energy conservation
standard for clothes dryers also should not apply to these LG condenser
clothes dryers. The waiver should remain in effect until DOE prescribes
final test procedures and minimum energy conservation standards
appropriate to LG'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
[[Page 49441]]
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.''
LG urges that the same waiver be granted to LG as was granted to
Miele for its comparable product.
Manufacturers of all other basic models marketed in the United
States and known to LG to incorporate similar design characteristics as
the LG condenser clothes dryer include Miele and Bosch (model number
WTL5410).
LG is not aware of any alternative test procedure to evaluate in a
manner representative of the energy consumption characteristics of the
LG condenser clothes dryers. LG 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 LG's knowledge, DOE has not done so.
LG 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 LG. LG 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 LG condensing
clothes dryers. Lack of relief would not allow LG to recoup this
investment and would deny LG anticipated sales revenue. This does not
take into account significant losses in goodwill and brand acceptance.
Beyond that, since the LG condensing clothes dryer is intended to
be sold as a pair with LG 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
LG condenser clothes dryer makes a dryer available to households where
for physical, structural reasons a vented dryer could otherwise not be
installed. LG 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 LG Electronics USA's
operations in New Jersey, Illinois and Alabama, but also at major
national retailers and regional dealers that carry LG 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.
We hereby certify that all clothes dryer manufacturers of
domestically marketed units known to LG have been notified by letter of
this petition and application, copies of which letters are attached.
Sincerely,
Richard Donner, Product Planning Manager, North America Product
Planning Group, LG Electronics USA, Inc, 2000 Millbrook Drive,
Lincolnshire, IL 60069, Phone: 201-906-9878, Fax: 847-941-8340, E-mail:
rdonner@lge.com.
John I. Taylor, Vice President, Government Relations, LG Electronics
USA, Inc, 1750 K Street, NW., Washington, DC 20006, Phone: 202-719-
3490, Fax: 847-941-8177, E-mail: jtaylor@lge.com.
Of counsel:
John A. Hodges, James T. Bruce, Wiley Rein & Fielding LLP, Washington,
DC 20006, Phone: 202-719-7000, Fax: 202-719-7049, E-mail:
jhodges@wrf.com, jbruce@wrf.com.
[FR Doc. E6-13945 Filed 8-22-06; 8:45 am]
BILLING CODE 6450-01-P
