[Federal Register: November 10, 2008 (Volume 73, Number 218)]
[Notices]               
[Page 66641-66642]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10no08-53]                         

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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. CD-002]

 
Energy Conservation Program for Consumer Products: Decision and 
Order Granting a Waiver to LG Electronics From the Department of Energy 
Residential Clothes Dryer Test Procedures [Case No. CD-002]

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

ACTION: Decision and Order.

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SUMMARY: This notice publishes the Department of Energy's Decision and 
Order in Case No. CD-002, which grants to LG Electronics Inc. (LG) a 
waiver from the existing Department of Energy (DOE) residential clothes 
dryer test procedure for its product line of DLEC733W ventless clothes 
dryers, because the existing test procedure only applies to clothes 
dryers that are vented.

DATES: This Decision and Order is effective November 10, 2008.

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

SUPPLEMENTARY INFORMATION: In accordance with 10 CFR 430.27(l), DOE 
gives notice of the issuance of its Decision and Order as set forth 
below. In the Decision and Order, DOE grants to LG a waiver from the 
existing residential clothes dryer test procedure under 10 CFR part 
430, subpart B, Appendix D, for its ventless clothes dryer (model 
DLEC733W), which does not have an outside exhaust.

    Issued in Washington, DC, on October 27, 2008.
John F. Mizroch,
Acting Assistant Secretary, Energy Efficiency and Renewable Energy.

Decision and Order

    In the Matter of: LG Electronics Inc. (LG). (Case No. CD-002)

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.'' \1\ (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 (the Secretary) 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)) Relevant to the current Petition for 
Waiver, the test procedure for residential clothes dryers is set forth 
in 10 CFR part 430, subpart B, Appendix D, ``Uniform Test Method for 
Measuring the Energy Consumption of Clothes Dryers.''
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    \1\ This part was originally titled Part B; however, it was 
redesignated Part A, after Part B of Title III was repealed by 
Public Law 109-58.
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    In addition, DOE's regulations contain provisions allowing a person 
to seek a waiver from the test procedure requirements for covered 
products when the petitioner's basic model contains one or more design 
characteristics that prevent testing of the basic model according to 
the prescribed test procedure, or when the prescribed test procedure 
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 
evaluate the basic model in a manner representative of its energy 
consumption. 10 CFR 430.27(b)(1)(iii).
    The Assistant Secretary for Energy Efficiency and Renewable Energy 
(the Assistant Secretary) may grant the waiver subject to conditions, 
including adherence to alternate test procedures. 10 CFR 430.27(l). 
Waivers generally terminate on the effective date of a final rule which 
prescribes amended test procedures appropriate to the model series 
manufactured by the petitioner, thereby eliminating any need for the 
continuation of the waiver. 10 CFR 430.27(m).
    The waiver process contained in DOE's regulations also allows any 
interested person who has submitted a Petition for Waiver to file an 
Application 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). An Interim Waiver remains in 
effect for a period of 180 days or until DOE issues its determination 
on the Petition for Waiver, whichever occurs first, and may be extended 
by DOE for 180 days, if necessary. 10 CFR 430.27(h).
    On November 14, 2005, LG filed an Application for Interim Waiver 
and Petition for Waiver from the test procedures for energy consumption 
which are applicable to its product line of ventless \2\ clothes 
dryers, under basic model number DLEC733W. As noted above, the relevant 
test procedures are contained in 10 CFR part 430, subpart B, Appendix 
D. LG seeks a waiver from the test procedures for this product line 
because, LG asserts, the current clothes dryer test procedures only 
apply to vented clothes dryers and require the use of an exhaust 
restrictor to simulate the backpressure effects of a vent tube in an 
installed condition. According to LG, its line of condenser (ventless) 
clothes dryers does not have exhaust vents and does not vent exhaust 
air to the outside as do conventional (vented) dryers, and because the 
test procedures do not provide a definition or mention of a ventless 
clothes dryer, its products cannot be tested according to 10 CFR part 
430, subpart B, Appendix D.
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    \2\ In LG's Petition for Waiver, the terms ``condenser'' or 
``condensing'' were used instead of ``ventless'' to describe this 
product. No change in meaning is intended by this substitution, 
which was made to be consistent with other DOE documents.
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    On August 23, 2006, DOE published LG's Petition for Waiver and 
denied the Application for Interim Waiver. 71 FR 49437. In that notice, 
DOE proposed and requested comment on an alternate test procedure for 
testing ventless clothes dryer products, as discussed below. In denying 
LG's request for an Interim Waiver, DOE questioned whether it

[[Page 66642]]

would ultimately grant a waiver to LG, given the proposed alternate 
test procedures which may permit testing of ventless dryers and new 
technologies which could potentially improve the energy efficiency of 
such products. DOE received comments on the LG Petition from Whirlpool 
Corporation (Whirlpool), the Association of Home Appliance 
Manufacturers (AHAM), and Miele, Inc. (Miele).

Assertions and Determinations

LG's Petition for Waiver
    On November 14, 2005, LG submitted a Petition for Waiver and an 
Application for Interim Waiver from the test procedures at 10 CFR part 
430, subpart B, Appendix D, which are applicable to residential 
electric clothes dryers. LG did not include an alternate test procedure 
with its petition, stating that it knew of no other test procedure to 
rate its ventless dryer products. Accordingly, as part of the August 
23, 2006 Federal Register notice, DOE proposed a modified test 
procedure to accompany the LG Petition for Waiver, which was based on 
the existing test procedures for clothes dryers under 10 CFR part 430, 
subpart B, Appendix D, but without a requirement to use an exhaust 
restrictor. No other changes were made to the test procedure.
    After reviewing the public comments received on this matter, DOE 
notes that Whirlpool agreed with DOE's modified test procedure, but 
recommended clarifications to DOE's proposed revisions of the 
definitions pertaining to clothes dryers (i.e., sections 1.14 and 1.15 
of the DOE clothes dryer test procedure). The commenting stakeholders 
(AHAM, Miele, and Whirlpool) all stated that ventless clothes dryers 
cannot meet the DOE efficiency standard, so accordingly, they 
recommended a separate product class and efficiency standard for 
ventless clothes dryers.
    In response to the assertions of the industry commenters, DOE has 
not been able to find data as to whether ventless clothes dryers can or 
cannot meet the existing DOE clothes dryer energy conservation 
standard. Nevertheless, DOE acknowledges the commenters' experience in 
working with this type of product. However, if this type of clothes 
dryer is indeed unable to meet the standard, DOE cannot, in a waiver, 
establish a separate product class\3\ and associated efficiency level. 
Instead, such actions must be taken in the context of a standards 
rulemaking. Such a standards rulemaking was initiated with a Framework 
Document public meeting held on October 24, 2007. A Final Rule 
prescribing new efficiency standards for residential clothes dryers is 
expected in 2011.
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    \3\ Product classes are established to recognize distinct 
categories of a covered product that may necessitate different 
efficiency standard levels.
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    It is further noted that on February 17, 1995, DOE published in the 
Federal Register a Decision and Order granting a waiver to Miele for a 
very similar ventless clothes dryer. 60 FR 9330. Miele's waiver did not 
require Miele to test its ventless clothes dryers, and in that 
document, DOE stated that the energy conservation standards for clothes 
dryers did not apply to Miele's ventless clothes dryers. Despite the 
passage of time, LG's situation is analogous to that of Miele with 
regard to ventless clothes dryers. DOE has determined that although it 
would be feasible to provide LG with an alternate test procedure, as 
proposed, it is likely, as all the commenters agreed, that the problem 
is more fundamental than one limited to a needed test procedure change; 
instead, in spite of technological developments, it is expected that 
ventless clothes dryers would not meet the DOE energy conservation 
standard, and that a separate clothes dryer class (with a separate 
efficiency standard) would have to be established for ventless clothes 
dryers. Otherwise, a type of product with unique consumer utility could 
be driven from the market. However, the establishment of product 
classes cannot be done in a waiver, but only in a standards rulemaking. 
Therefore, inasmuch as ventless clothes dryers are likely unable to 
meet the DOE clothes dryer efficiency standard, and there is a long-
standing waiver granted to Miele, DOE has decided to grant a similar 
waiver to LG from testing of its ventless clothes dryers. Therefore, 
DOE is not making any modifications to its existing clothes dryer test 
procedure at this time, and it will not require LG to test its 
specified ventless clothes dryer models under that procedure.
Consultations With Other Agencies
    DOE consulted with Federal Trade Commission (FTC) staff concerning 
the LG petition. The FTC staff did not have any objections to granting 
a waiver to LG. DOE also consulted with the National Institute of 
Standards and Technology (NIST) concerning the LG petition, and NIST 
likewise did not have any objections to granting a waiver to LG.

Conclusion

    After careful consideration of all the material that was submitted 
by LG, the comments received, the review by NIST, and consultation with 
FTC staff, it is ordered that:
    (1) The Petition for Waiver submitted by LG Electronics (LG) (Case 
No. CD-002) is hereby granted as set forth in the paragraphs below.
    (2) LG shall not be required to test or rate its DLEC733W ventless 
clothes dryer products on the basis of the test procedures at 10 CFR 
part 430, subpart B, appendix D. The existing 1994 minimum energy 
conservation standard for clothes dryers at 10 CFR 430.32(h) is not 
applicable to this LG ventless clothes dryer.
    (3) This waiver shall remain in effect from the date this Decision 
and Order is issued until the effective date of the final rule(s) in 
which DOE prescribes test procedures and minimum energy conservation 
standards appropriate to the above model series manufactured by LG.
    (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 October 27, 2008.
John F. Mizroch,
Acting Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. E8-26692 Filed 11-7-08; 8:45 am]

BILLING CODE 6450-01-P