Energy Conservation Program for Consumer Products: Decision and Order Granting a Waiver to Whirlpool Corporation From the Department of Energy Residential Clothes Dryer Test Procedure (Case No. CD-003), 66334-66335 [E9-29777]

Agencies

• DEPARTMENT OF ENERGY

[Federal Register Volume 74, Number 239 (Tuesday, December 15, 2009)]
[Notices]
[Pages 66334-66335]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-29777]


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DEPARTMENT OF ENERGY

[Case No. CD-003]


Energy Conservation Program for Consumer Products: Decision and 
Order Granting a Waiver to Whirlpool Corporation From the Department of 
Energy Residential Clothes Dryer Test Procedure (Case No. CD-003)

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Decision and Order.

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SUMMARY: The U.S. Department of Energy (DOE) gives notice of the 
Decision and Order (Case No. CD-003) that grants to the Whirlpool 
Corporation (Whirlpool) a waiver from the DOE clothes dryer test 
procedure. The waiver request pertains to Whirlpool's specified single 
model of condensing residential clothes dryer. The existing test 
procedure does not apply to condensing clothes dryers. Under today's 
Decision and Order, Whirlpool shall be not be required to test and rate 
its specified single model of condensing residential clothes dryer.

DATES: This Decision and Order is effective December 15, 2009.

FOR FURTHER INFORMATION CONTACT: Dr. Michael G. Raymond, U.S. 
Department of Energy, Building Technologies Program, Mailstop EE-2J, 
1000 Independence Avenue, SW., Washington, DC 20585-0121. Telephone: 
(202) 586-9611, e-mail: AS_Waiver_Requests@ee.doe.gov.
    Francine Pinto, or Michael Kido, U.S. Department of Energy, Office 
of General Counsel, Mail Stop GC-72, 1000 Independence Avenue, SW., 
Washington, DC 20585-0103, (202) 586-9507; e-mail: 
Francine.Pinto@hq.doe.gov or Michael.Kido@hq.doe.gov.

SUPPLEMENTARY INFORMATION: In accordance with Title 10 of the Code of 
Federal Regulations (10 CFR) 430.27(l), DOE gives notice of the 
issuance of its Decision and Order as set forth below. The Decision and 
Order grants Whirlpool a Waiver from the applicable residential clothes 
dryer test procedure at 10 CFR part 430 subpart B, appendix D, for its 
single model of condensing clothes dryer.

    Issued in Washington, DC, on December 8, 2009.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.

Decision and Order

    In the Matter of: Whirlpool Corporation. (Case No. CD-003)

Background

    Title III of the Energy Policy and Conservation Act (EPCA) sets 
forth a variety of provisions concerning energy efficiency. Part A of 
Title III provides for the ``Energy Conservation Program for Consumer 
Products Other Than Automobiles.'' (42 U.S.C. 6291-6309) Part A 
includes definitions, test procedures, labeling provisions, energy 
conservation standards, and the authority to require information and 
reports from manufacturers. Further, Part A authorizes the Secretary of 
Energy to prescribe test procedures that are reasonably designed to 
produce results which measure energy efficiency, energy use, or 
estimated operating costs, and that are not unduly burdensome to 
conduct. (42 U.S.C. 6293(b)(3)).
    Today's notice involves residential products under Part A. Relevant 
to the current Petition for Waiver, the test procedure for residential 
clothes dryers is contained in 10 CFR Part 430, subpart B, appendix D.
    DOE's regulations contain provisions allowing a person to seek a 
waiver from the test procedure requirements for covered consumer 
products, when the petitioner's basic model contains one or more design 
characteristics that prevent testing according to the prescribed test 
procedure, or when they 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 characteristics. 10 CFR 
430.27(b)(1)(iii).
    The Assistant Secretary for Energy Efficiency and Renewable Energy 
(the Assistant Secretary) may grant a 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 any interested person who has 
submitted a petition for waiver to file an application

[[Page 66335]]

for interim waiver of the applicable test procedure requirements. 10 
CFR 430.27(a)(2). The Assistant Secretary will grant an interim waiver 
request if it is determined that the applicant will experience economic 
hardship if the interim waiver is denied, if it appears likely that the 
petition for waiver will be granted, and/or the Assistant Secretary 
determines that it would be desirable for public policy reasons to 
grant immediate relief pending a determination on the petition for 
waiver. 10 CFR 430.27(g).
    On May 12, 2008, Whirlpool filed a petition for waiver from the 
test procedures applicable to its single model (WCD7500VW) of 
condensing clothes dryer. The applicable test procedures are contained 
in 10 CFR Part 430, subpart B, appendix D--Uniform Test Method for 
Measuring the Energy Consumption of Clothes Dryers. Whirlpool seeks a 
waiver from the applicable test procedures for its WCD7500VW basic 
product model because, Whirlpool asserts, design characteristics of 
this model prevent testing according to the currently prescribed test 
procedures. DOE previously granted Miele Appliance, Inc. (Miele), a 
waiver from test procedures for two similar condenser clothes dryer 
models (T1565CA and T1570C). (60 FR 9330 (Feb. 17, 1995)) Whirlpool 
claims that its condenser clothes dryers cannot be tested pursuant to 
the DOE procedure and requests that the same waiver granted to Miele in 
1995 be granted for Whirlpool's WCD7500VW model.
    In support of its petition, Whirlpool claims that the current 
clothes dryer test procedures apply only to vented clothes dryers 
because the test procedures require the use of an exhaust restrictor on 
the exhaust port of the clothes dryer during testing. Because condenser 
clothes dryers operate by blowing air through the wet clothes, 
condensing the water vapor in the airstream, and pumping the collected 
water into either a drain line or an in-unit container, these products 
do not use an exhaust port like a vented dryer does. Whirlpool plans to 
market a condensing clothes dryer for situations in which a 
conventional vented clothes dryer cannot be used, such as high-rise 
apartments and condominiums, neither of whose construction permits the 
use of external venting.
Assertions and Determinations

Whirlpool's Petition for Waiver

    On May 12, 2008, Whirlpool filed a Petition for Waiver from the 
test procedure applicable to residential clothes dryers set forth in 10 
CFR Part 430, subpart B, appendix D for a particular model of 
condensing clothes dryer. On April 8, 2009, DOE published Whirlpool's 
Petition for Waiver and granted Whirlpool an interim waiver from the 
current test procedure. 74 FR 15959. DOE did not receive any comments 
on the Whirlpool petition.
    DOE previously granted Miele a waiver from test procedures for 
condensing clothes dryers after determining that the clothes dryer test 
procedure was not applicable to the company's condenser clothes dryers 
because of the lack of an exhaust port for mounting the required 
exhaust restrictor, which is an element of the test procedure. 60 FR 
9332 (February 17, 1995). Subsequently, in 2008, DOE granted LG a 
similar waiver for its DLEC733W condenser clothes dryer. 73 FR 66641 
(Nov. 10, 2008).
    Therefore, for the reasons discussed above and in light of the 
long-standing waiver granted to Miele, and the recent waiver to LG, DOE 
grants Whirlpool's Petition for Waiver from testing of its condenser 
clothes dryers.
Consultations With Other Agencies
    DOE consulted with the Federal Trade Commission (FTC) staff 
concerning the Whirlpool Petition for waiver. The FTC staff did not 
have any objections to granting a waiver to Whirlpool.
Conclusion
    After careful consideration of all the material that was submitted 
by Whirlpool and consultation with the FTC staff, it is ordered that:
    (1) The ``Petition for Waiver'' submitted by Whirlpool Corporation 
(Case No. CD-003) is hereby granted as set forth in the paragraphs 
below.
    (2) Whirlpool shall not be required to test or rate its WCD7500VW 
condensing clothes dryer product on the basis of the test procedures at 
10 CFR Part 430, subpart B, appendix D.
    (3) This waiver shall remain in effect from the date of this 
Decision and Order consistent with the provisions of 10 CFR 430.27(m).
    (4) This waiver is conditioned upon the presumed validity of 
statements, representations, and documentary materials provided by the 
petitioner. This waiver may be revoked or modified at any time upon a 
determination that the factual basis underlying the Petition for Waiver 
is incorrect.

    Issued in Washington, DC, on December 8, 2009.

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Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.

[FR Doc. E9-29777 Filed 12-14-09; 8:45 am]
BILLING CODE 6450-01-P