Energy Conservation Program for Consumer Products: Decision and Order Granting a Waiver to Indesit Company from the Department of Energy Residential Clothes Dryer Test Procedure, 3785-3787 [2014-01292]
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Federal Register / Vol. 79, No. 15 / Thursday, January 23, 2014 / Notices
Web site https://www.pcouncil.org/wpcontent/uploads/SRWC_MSE_2012_02_
28.pdf and by mail upon request. NMFS
is specifically interested in comments
and information regarding a preferred
control rule analyzed in the MSE for
ocean salmon fisheries south of Point
Arena that is responsive to the
abundance of the species. The control
rules are described in the MSE report as
‘‘management strategies’’ and are as
follows: management strategy 1 allowed
for a zero age-3 impact rate,
management strategy 2 used a historical
impact rate of 25 percent, management
strategy 3 used the current era impact
rate of 20 percent, and management
strategies 4 through 6 required a
reduction in impact rates at certain
abundance thresholds. The control rule
included in the current RPA (referred to
as ‘‘management strategy SWR’’ in the
Winship et al. 2012 addendum,
beginning on page 57 of the document
at https://www.pcouncil.org/wp-content/
uploads/SRWC_MSE_2012_02_28.pdf
was also analyzed with results
presented in Winship et al. 2012
(addendum); we welcome comments on
this control rule as well.
SWFSC–491, 68p. Available at: https://
docs.lib.noaa.gov/noaa_documents/
NMFS/SWFSC/TM_NMFS_SWFSC/
NOAA–TM–NMFS–SWFSC–491.pdf.
O’Farrell, M.R., S.D. Allen, and M.S. Mohr.
2012b. The winter-run harvest model
(WRHM). U.S. Dept. Commer., NOAA
Tech. Memo. NOAA–TM–NMFS–
SWFSC–489, 17p. Available at: https://
docs.lib.noaa.gov/noaa_documents/
NMFS/SWFSC/TM_NMFS_SWFSC/
NOAA–TM–NMFS–SWFSC–489.pdf.
Winship, A.J., M.R. O’Farrell, and M.S. Mohr.
2012. Management strategy evaluation
for Sacramento River winter Chinook
salmon. Report available at: https://
www.pcouncil.org/wp-content/uploads/
SRWC_MSE_2012_02_28.pdf.
Winship, A.J., M.R. O’Farrell, and M.S. Mohr.
2013. Management strategy evaluation
applied to the conservation of an
endangered population subject to
incidental take. Biological Conservation
158:155–166.
Dated: January 16, 2014.
Sean F. Corson,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2014–01239 Filed 1–22–14; 8:45 am]
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References
DEPARTMENT OF DEFENSE
Lindley, S.T., R.S. Schick, E. Mora, P.B.
Adams, J.J. Anderson, S. Greene, C.
Hanson, B.P. May, D.R. McEwan, R.B.
MacFarlane, C. Swanson, and J.G.
Williams. 2007. Framework for assessing
viability of threatened and endangered
Chinook salmon and steelhead in the
Sacramento-San Joaquin Basin. San
Francisco Estuary and Watershed
Science 5(1), Article 4: 26 pages.
Available at: https://
repositories.cdlib.org/jmie/sfews/vol5/
iss1/art4.
NMFS. 2010. Biological Opinion on the
Authorization of Ocean Salmon Fisheries
Pursuant to the Pacific Coast Salmon
Fishery Management Plan and
Additional Protective Measures as it
affects Sacramento River Winter Chinook
Salmon. National Marine Fisheries
Service, Southwest Region. April 30,
2010. Available at: https://
www.pcouncil.org/wp-content/uploads/
Final_Harvest_BiOp_April2010.pdf.
NMFS. 2012. Final Implementation of the
2010 Reasonable and Prudent
Alternative Sacramento River winter-run
Chinook Management Framework for the
Pacific Coast Salmon Fishery
Management Plan. National Marine
Fisheries Service, Southwest Region.
April 30, 2102. Available at: https://
www.pcouncil.org/wp-content/uploads/
30APR2012_Sacramento_Winter_run_
RPA_Implementation.pdf
O’Farrell, M.R., M.S. Mohr, A.M. Grover, and
W.H. Satterthwaite. 2012a. Sacramento
River winter Chinook cohort
reconstruction: analysis of ocean fishery
impacts. U.S. Dept. Commer., NOAA
Tech. Memo. NOAA–TM–NMFS–
Department of the Navy
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21:50 Jan 22, 2014
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Meeting of the Board of Advisors to
the Presidents of the Naval
Postgraduate School and the Naval
War College
Department of the Navy, DoD.
Notice of Open Meeting.
AGENCY:
ACTION:
Pursuant to the provisions of
the Federal Advisory Committee Act
(Pub. L. 92–463, as amended), notice is
hereby given that the following meeting
of the Board of Advisors (BOA) to the
Presidents of the Naval Postgraduate
School (NPS) and the Naval War College
(NWC) and its two subcommittees will
be held. This meeting will be open to
the public.
DATES: The meeting will be held on
Wednesday, February 19, 2014, from
8:00 a.m. to 4:00 p.m. and on Thursday,
February 20, from 8:00 a.m. to 4:00 p.m.
Eastern Time Zone.
ADDRESSES: The meeting will be held at
900 N. Glebe Road, Arlington, VA.
FOR FURTHER INFORMATION CONTACT: Ms.
Jaye Panza, Naval Postgraduate School,
Monterey, CA, 93943–5001, telephone
number 831–656–2514.
SUPPLEMENTARY INFORMATION: The
Committee examines the effectiveness
with which the NPS and the NWC are
accomplishing its missions. The agenda
is as follows:
SUMMARY:
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(1) February 19, 2014: General
deliberations and inquiry by the NWC
BOA Subcommittee and its parent
committee NPS/NWC BOA into its
programs and mission priorities; reaccreditation preparedness;
administration; state of morale of the
student body, faculty, and staff; fiscal
affairs; and any other matters relating to
the operations of the NWC as the board
considers pertinent.
(2) February 20, 2014: The purpose of
the meeting is to elicit the advice of the
NPS BOA subcommittee on the Naval
Service’s Postgraduate Education
Program and the collaborative exchange
and partnership between the NPS and
the Air Force Institute of Technology.
With its parent committee NPS/NWC
BOA, the board will inquire into
programs and curricula; instruction;
administration; state of morale of the
student body, faculty, and staff; fiscal
affairs; as well as reviewing the updates
on recommendations cited in the 2012
Navy Inspector General’s report. The
committee will review any other matters
relating to the operations of the NPS as
the board considers pertinent.
Individuals without a DoD
Government Common Access Card
require an escort at the meeting
location. For access, information, or to
send written statements for
consideration at the committee meeting
must contact Ms. Jaye Panza, Naval
Postgraduate School, 1 University
Circle, Monterey, CA 93943–5001 or by
fax 831–656–3145 by February 7, 2014.
Dated: January 15, 2014.
N. A. Hagerty-Ford,
Commander, Office of the Judge Advocate
General, U.S. Navy, Federal Register Liaison
Officer.
[FR Doc. 2014–01265 Filed 1–22–14; 8:45 am]
BILLING CODE 3810–FF–P
DEPARTMENT OF ENERGY
Office of Energy Efficiency and
Renewable Energy
[Case No. CD–009]
Energy Conservation Program for
Consumer Products: Decision and
Order Granting a Waiver to Indesit
Company from the Department of
Energy Residential Clothes Dryer Test
Procedure
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Decision and order.
AGENCY:
The U.S. Department of
Energy (DOE) gives notice of the
SUMMARY:
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Federal Register / Vol. 79, No. 15 / Thursday, January 23, 2014 / Notices
decision and order (Case No. CD–009)
that grants to Indesit Company (Indesit)
a waiver from the DOE clothes dryer test
procedure. The waiver pertains to the
models of condensing residential
clothes dryer specified in Indesit’s
petition. Condensing clothes dryers
cannot be tested using the currently
applicable DOE test procedure. Under
today’s decision and order, Indesit shall
not be required to test and rate its
specified models of residential
condensing clothes dryer pursuant to
the current test procedure.
Decision and Order
Title III, Part B of the Energy Policy
and Conservation Act of 1975 (EPCA),
Pub. L. 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 washers 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))
DOE’s regulations contain provisions
allowing a person to seek a waiver from
the test procedure requirements for
covered consumer products if at least
one of the following conditions is met:
(1) the petitioner’s basic model contains
one or more design characteristics that
prevent testing according to the
prescribed test procedure, or (2) when
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
characteristics.
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).
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 the Matter of: Indesit Company
(Case No. CD–009).
1 For editorial reasons, upon codification in the
U.S. Code, Part B was re-designated Part A.
This Decision and Order is
effective January 23, 2014.
DATES:
FOR FURTHER INFORMATION CONTACT:
Mr. Bryan Berringer, U.S. Department of
Energy, Building Technologies Office,
Mail Stop EE–5B, Forrestal Building,
1000 Independence Avenue SW.,
Washington, DC 20585–0121.
Telephone: (202) 586–0371. Email:
Bryan.Berringer@ee.doe.gov.
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:
Elizabeth.Kohl@hq.doe.gov.
In
accordance with Title 10 of the Code of
Federal Regulations (10 CFR), Section
430.27(l), DOE gives notice of the
issuance of its decision and order as set
forth below. The decision and order
grants Indesit a waiver from the
applicable residential clothes dryer test
procedure at 10 CFR part 430 subpart B,
appendix D, for the three models of
condensing clothes dryer specified it its
petition.
DOE notes that it has promulgated a
final test procedure for clothes dryers
that provides a mechanism for testing
condensing clothes dryers. (76 FR 972,
Jan. 6, 2011). Use of this test procedure
will be required on the compliance date
of DOE’s amended standards for clothes
dryers, established by direct final rule in
2011. (76 FR 22454, April 21, 2011). The
compliance date of these standards is
January 1, 2015. (76 FR 26656, May 9,
2011).
SUPPLEMENTARY INFORMATION:
Issued in Washington, DC, on January 16,
2014.
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Background
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
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in greater detail in the following
paragraph.
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 inunit 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.
Assertions and Determinations
Indesit’s Petition for Waiver
On October 22, 2013, Indesit 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
particular models of condensing clothes
dryer. On November 13, 2013, DOE
published in the Federal Register a
petition for waiver from Indesit for its
condensing clothes dryer and granted
Indesit an interim waiver from the test
procedure. DOE received no comments
on the petition. 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.
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Federal Register / Vol. 79, No. 15 / Thursday, January 23, 2014 / Notices
Therefore, for the reasons discussed
above, and in light of the previous
waivers to other manufacturers, DOE
grants Indesit’s petition for waiver from
testing of its Ariston TCL73XNA and
TCL73XSNA condenser clothes dryers.
Consultations With Other Agencies
DOE consulted with the Federal Trade
Commission (FTC) staff concerning the
Indesit petition for waiver. The FTC
staff did not have any objections to
granting a waiver to Indesit.
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Conclusion
After careful consideration of all the
material that was submitted by Indesit
and consultation with the FTC staff, it
is ordered that:
(1) The petition for waiver submitted
by Indesit Company (Case No. CD–009)
is hereby granted as set forth in the
paragraphs below.
(2) Indesit shall not be required to test
or rate its Ariston TCL73XNA and
TCL73XSNA condensing clothes dryer
models 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 this decision and order
consistent with the provisions of 10 CFR
430.27(m).
(4) This waiver is issued on the
condition that the statements,
representations, and documentary
materials provided by the petitioner are
valid. DOE may revoke or modify this
waiver at any time if it determines the
factual basis underlying the petition for
waiver is incorrect.
(5) This waiver applies to only those
models specifically set out in Indesit’s
petition. 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.
Grant of this petition for waiver also
does not release a petitioner from any
applicable certification requirements set
forth at 10 CFR Part 429.
Issued in Washington, DC, on January
16, 2014.
llllllllllllllllll
l
Kathleen B. Hogan
Deputy Assistant Secretary for Energy
Efficiency Energy Efficiency and
Renewable Energy
[FR Doc. 2014–01292 Filed 1–22–14; 8:45 am]
BILLING CODE 6450–01–P
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DEPARTMENT OF ENERGY
Office of Energy Efficiency and
Renewable Energy
[Case No. RF–036]
Notice of Petition for Waiver of
Samsung Electronics America, Inc.
From the Department of Energy
Residential Refrigerator and
Refrigerator-Freezer Test Procedure,
and Grant of Interim Waiver
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of petition for waiver,
notice of grant of interim waiver, and
request for comments.
AGENCY:
This notice announces receipt
of a petition for waiver from Samsung
Electronics America, Inc. (Samsung)
regarding specified portions of the U.S.
Department of Energy (DOE) test
procedure for determining the energy
consumption of electric refrigerators
and refrigerator-freezers. In its petition,
Samsung provides an alternate test
procedure identical to the test
procedure DOE published in a final rule
setting out testing requirements for
manufacturers to follow starting in
2014. DOE solicits comments, data, and
information concerning Samsung’s
petition and the suggested alternate test
procedure. Today’s notice also grants
Samsung an interim waiver from the
electric refrigerator and refrigeratorfreezer test procedure, subject to use of
the alternative test procedure set forth
in this notice.
DATES: DOE will accept comments, data,
and information with respect to the
Samsung Petition until February 24,
2014.
ADDRESSES: You may submit comments,
identified by case number ‘‘RF–036,’’ by
any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Email: AS_Waiver_Requests@
ee.doe.gov. Include the case number
(Case No. RF–034) in the subject line of
the message.
• Mail: Ms. Brenda Edwards, U.S.
Department of Energy, Building
Technologies Program, Mailstop EE–5B/
1000 Independence Avenue SW.,
Washington, DC 20585–0121.
Telephone: (202) 586–2945. Please
submit one signed original paper copy.
• Hand Delivery/Courier: Ms. Brenda
Edwards, U.S. Department of Energy,
Building Technologies Program, 950
L’Enfant Plaza SW., Suite 600,
Washington, DC 20024. Please submit
one signed original paper copy.
SUMMARY:
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3787
Docket: For access to the docket to
review the background documents
relevant to this matter, you may visit the
U.S. Department of Energy, 950 L’Enfant
Plaza SW., Washington, DC 20024; (202)
586–2945, between 9:00 a.m. and 4:00
p.m., Monday through Friday, except
Federal holidays. Available documents
include the following items: (1) This
notice; (2) public comments received;
(3) the petition for waiver and
application for interim waiver; and (4)
prior DOE waivers and rulemakings
regarding similar refrigerator-freezer
products. 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–5B, Forrestal
Building, 1000 Independence Avenue
SW., Washington, DC 20585–0121.
Telephone: (202) 586–0371. Email:
Bryan.Berringer@ee.doe.gov.
Mr. Michael Kido, 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) 586–8145. Email:
Michael.Kido@hq.doe.gov.
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 electric refrigerator-freezers
that are the focus of this notice.1 Part B
includes definitions, test procedures,
labeling provisions, and energy
conservation standards for various
consumer products and provides DOE
with 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 the energy efficiency,
energy use, or estimated annual
operating costs of a covered product,
and that are not unduly burdensome to
conduct. (42 U.S.C. 6293(b)(3)) The
current test procedure for electric
refrigerators and refrigerator-freezers is
contained in 10 CFR part 430, subpart
B, appendix A1.
The regulations set forth in 10 CFR
430.27 contain provisions that enable a
1 For editorial reasons, upon codification in the
U.S. Code, Part B was re-designated Part A.
E:\FR\FM\23JAN1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 15 (Thursday, January 23, 2014)]
[Notices]
[Pages 3785-3787]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-01292]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. CD-009]
Energy Conservation Program for Consumer Products: Decision and
Order Granting a Waiver to Indesit Company from the Department of
Energy Residential Clothes Dryer Test Procedure
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Decision and order.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (DOE) gives notice of the
[[Page 3786]]
decision and order (Case No. CD-009) that grants to Indesit Company
(Indesit) a waiver from the DOE clothes dryer test procedure. The
waiver pertains to the models of condensing residential clothes dryer
specified in Indesit's petition. Condensing clothes dryers cannot be
tested using the currently applicable DOE test procedure. Under today's
decision and order, Indesit shall not be required to test and rate its
specified models of residential condensing clothes dryer pursuant to
the current test procedure.
DATES: This Decision and Order is effective January 23, 2014.
FOR FURTHER INFORMATION CONTACT:
Mr. Bryan Berringer, U.S. Department of Energy, Building Technologies
Office, Mail Stop EE-5B, Forrestal Building, 1000 Independence Avenue
SW., Washington, DC 20585-0121. Telephone: (202) 586-0371. Email:
Bryan.Berringer@ee.doe.gov.
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:
Elizabeth.Kohl@hq.doe.gov.
SUPPLEMENTARY INFORMATION: In accordance with Title 10 of the Code of
Federal Regulations (10 CFR), Section 430.27(l), DOE gives notice of
the issuance of its decision and order as set forth below. The decision
and order grants Indesit a waiver from the applicable residential
clothes dryer test procedure at 10 CFR part 430 subpart B, appendix D,
for the three models of condensing clothes dryer specified it its
petition.
DOE notes that it has promulgated a final test procedure for
clothes dryers that provides a mechanism for testing condensing clothes
dryers. (76 FR 972, Jan. 6, 2011). Use of this test procedure will be
required on the compliance date of DOE's amended standards for clothes
dryers, established by direct final rule in 2011. (76 FR 22454, April
21, 2011). The compliance date of these standards is January 1, 2015.
(76 FR 26656, May 9, 2011).
Issued in Washington, DC, on January 16, 2014.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
Decision and Order
In the Matter of: Indesit Company (Case No. CD-009).
Background
Title III, Part B of the Energy Policy and Conservation Act of 1975
(EPCA), Pub. L. 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 washers 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))
---------------------------------------------------------------------------
\1\ For editorial reasons, upon codification in the U.S. Code,
Part B was re-designated Part A.
---------------------------------------------------------------------------
DOE's regulations contain provisions allowing a person to seek a
waiver from the test procedure requirements for covered consumer
products if at least one of the following conditions is met: (1) the
petitioner's basic model contains one or more design characteristics
that prevent testing according to the prescribed test procedure, or (2)
when 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
characteristics.
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).
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.
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.
Assertions and Determinations
Indesit's Petition for Waiver
On October 22, 2013, Indesit 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 particular models of condensing
clothes dryer. On November 13, 2013, DOE published in the Federal
Register a petition for waiver from Indesit for its condensing clothes
dryer and granted Indesit an interim waiver from the test procedure.
DOE received no comments on the petition. 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.
[[Page 3787]]
Therefore, for the reasons discussed above, and in light of the
previous waivers to other manufacturers, DOE grants Indesit's petition
for waiver from testing of its Ariston TCL73XNA and TCL73XSNA condenser
clothes dryers.
Consultations With Other Agencies
DOE consulted with the Federal Trade Commission (FTC) staff
concerning the Indesit petition for waiver. The FTC staff did not have
any objections to granting a waiver to Indesit.
Conclusion
After careful consideration of all the material that was submitted
by Indesit and consultation with the FTC staff, it is ordered that:
(1) The petition for waiver submitted by Indesit Company (Case No.
CD-009) is hereby granted as set forth in the paragraphs below.
(2) Indesit shall not be required to test or rate its Ariston
TCL73XNA and TCL73XSNA condensing clothes dryer models 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 this decision
and order consistent with the provisions of 10 CFR 430.27(m).
(4) This waiver is issued on the condition that the statements,
representations, and documentary materials provided by the petitioner
are valid. DOE may revoke or modify this waiver at any time if it
determines the factual basis underlying the petition for waiver is
incorrect.
(5) This waiver applies to only those models specifically set out
in Indesit's petition. 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. Grant of this petition for waiver also does not
release a petitioner from any applicable certification requirements set
forth at 10 CFR Part 429.
Issued in Washington, DC, on January 16, 2014.
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Kathleen B. Hogan
Deputy Assistant Secretary for Energy Efficiency Energy Efficiency and
Renewable Energy
[FR Doc. 2014-01292 Filed 1-22-14; 8:45 am]
BILLING CODE 6450-01-P
