Energy Conservation Program for Consumer Products; Denial of Miele Appliance Inc.'s Application for Interim Waiver and Publishing of the Company's Petition for Waiver From the Existing Department of Energy Clothes Dryer Test Procedure

DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. CD-001]

Energy Conservation Program for Consumer Products; Denial of

Miele Appliance Inc.'s Application for Interim Waiver and Publishing of

the Company's Petition for Waiver From the Existing Department of

Energy Clothes Dryer Test Procedure

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

Energy.

SUMMARY: Today's notice publishes a letter denying an Interim Waiver to

Miele Appliance Inc. (Miele) from the existing Department of Energy

(DOE or Department) clothes dryer test procedure for its clothes dryer

models T1515A, T1520, T1565CA, and T1570C with a reverse tumble feature

which Miele contends allows it to use a smaller capacity drum for a

larger clothes dryer load. The existing clothes dryer test procedure

does not have any recognition of the reverse tumble design feature.

Today's notice also publishes a ``Petition for Waiver'' from Miele.

Miele's Petition for Waiver requests DOE to grant relief from the DOE

clothes dryer test procedure relating to its clothes dryer models

T1515A, T1520, T1565CA, and T1570C. The appendices to Miele's letter

were not suitable for publication in the Federal Register and are

available upon request from the contact person listed below.

Miele seeks to revise the definitions of compact and standard size

clothes dryers in the test procedure. DOE is soliciting comments and

information regarding the Petition for Waiver. Specifically, the

Department is seeking technical information/data on how the reverse

tumble feature affects test load capacity.

DATES: DOE will accept comments, data, and information not later than

October 31, 1994.

ADDRESSES: Written comments and statements shall be sent to: Department

of Energy, Office of Energy Efficiency and Renewable Energy, Case No.

CD-001, Mail Stop EE-431, Room 5E-066, Forrestal Building, 1000

Independence Avenue, SW, Washington, DC, 20585 (202) 586-7140.

FOR FURTHER INFORMATION CONTACT:

P. Marc LaFrance U.S. Department of Energy, Appliance Standards

Division, Office of Codes and Standards, Office of Building

Technologies, Office of Energy Efficiency and Renewable Energy, Mail

Stop EE-431, Forrestal Building, 1000 Independence Avenue, SW,

Washington, DC 20585, (202) 586-8423

Eugene Margolis, Esq, U.S. Department of Energy, Office of General

Counsel, Mail Stop GC-72, Forrestal Building, 1000 Independence Avenue,

SW, Washington, DC 20585, (202) 586-9507

SUPPLEMENTARY INFORMATION: The Energy Conservation Program for Consumer

Program Products (other than automobiles) was established pursuant to

the Energy Policy and Conservation Act (EPCA), Public Law 94-163, 89

Stat. 917, as amended by the National Energy Conservation Act (NECPA),

Public Law 95-619, 92 Stat. 3266, the National Appliance Energy

Conservation Act of 1987 (NAECA), Public Law 100-12, the National

Appliance Energy Conservation Amendments of 1988 (NAECA 1988), Public

Law 100-357, and the Energy Policy Act of 1992, Public Law 102-486, 106

Stat. 2776, which requires DOE to prescribe standardized test

procedures to measure the energy efficiency, energy use, or estimated

annual operating cost of covered consumer products, including clothes

dryers. The clothes dryer test procedure, among other things, provides

a means of calculating an energy factor, a measure of energy

efficiency, which is used to determine if a product is compliant with

the minimum energy conservation standards. The Department imposed

amended energy conservation standards requiring minimum energy factors

for four of the five classes of clothes dryers in a final rule (56 FR

22279) issued May 14, 1991, and which is effective for products

manufactured on or after May 14, 1994. These test procedures appear at

10 CFR Part 430, Subpart D.

DOE amended the prescribed test procedure by adding 10 CFR 430.27

on September 26, 1980, creating the waiver process (45 FR 64108).

Thereafter, DOE further amended the appliance test procedure waiver

process to allow the Assistant Secretary for Energy Efficiency and

Renewable Energy (Assistant Secretary) to grant an Interim Waiver from

test procedure requirements to manufacturers that have petitioned DOE

for a waiver of such prescribed test procedures (51 FR 42823, November

26, 1986).

The waiver process allows the Assistant Secretary to temporarily

waive the test procedures for a particular basic model when a

petitioner shows that the basic model contains one or more design

characteristics which 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.

Waivers generally remain in effect until final test procedure

amendments become effective, resolving the problem that is the subject

of the waiver.

The Interim Waiver provisions, added by the 1986 amendment, allow

the Assistant Secretary to grant an Interim Waiver when 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 on the Petition for

Waiver. An Interim Waiver remains in effect for a period of 180 days or

until DOE issues its determination on the Petition for Waiver,

whichever is sooner, and may be extended for an additional 180 days, if

necessary.

Miele filed a Petition for Waiver and an Application for Interim

Waiver on April 5, 1994 which was amended on April 20, 1994 and April

22, 1994, regarding its clothes dryers models T1515A, T1520, T1565CA,

and T1570C with a reverse tumble feature. Miele states in its April 5,

1994 submission that ``The specific design characteristics [reverse

tumble feature] of the Miele clothes dryer make the classification of

the product as 'compact' totally unrepresentative of the products' true

energy consumption characteristics and provides materially inaccurate

comparative data.'' The existing clothes dryer test procedure does not

have any recognition of the reverse tumble design feature in

determining dryer size or class.

Miele has informed the Department (telephone conversation with

Miele's representative, Mr. John A. Hodges, early April, 1994) that if

its clothes dryers were tested as a compact (3 pound test load), they

would not meet the minimum energy conservation standard for the class

of 120 volt, electric, compact capacity clothes dryers. However, the

Miele clothes dryers have been tested as standard (7 pound test load)

and exceeded the minimum energy conservation standard for the class of

electric, standard capacity clothes dryers.

On April 27, 1994, the Department received a letter, dated April

22, 1994, from the Whirlpool Corporation (Whirlpool) opposed to Miele's

Petition for Waiver and Application for Interim Waiver. On April 29,

1994, the Department received a letter from the General Electric

Company (GE) also opposed to Miele's Petition for Waiver and

Application for Interim Waiver. On May 13, 1994, the Department

received a letter dated May 5, 1994, from the Speed Queen Company

(Speed Queen) opposed to Miele's Petition for Waiver. On May 13, 1994,

Miele provided rebuttal comments.

On May 20, 1994, Miele provided additional information on the

impact of reverse tumble action on drying large loads. The Department

has reviewed all the comments and believes that the majority of these

comments relate to engineering issues which should be fully debated

during the Petition for Waiver comment period. The Department is

interested in the maximum load capability of compact clothes dryers and

any data regarding energy consumption with larger loads. Additionally,

the Department is interested in seeking technical information/data on

how the reverse tumble feature affects load capacity.

Miele states in its initial submission to the Department that

``Miele Appliance, Inc. is a small company with under 50 employees and

will suffer great and irreparable economic hardship if it cannot sell

its line of clothes dryers as standard.'' Miele further states that

since its clothes dryer is intended to be sold with its standard size

front loading clothes washer, ``an inability to sell the clothes dryer

as standard will cripple sales of washing machines as well.'' Miele

also states that ``since the revenue from the sale of laundry products

is essential to the financial well being of the company, the regulatory

prohibition of sales of the clothes dryers as standard will jeopardize

the company and result in loss of employment.''

To grant an Interim Waiver, one of three criteria, supra, must be

met. First, in regards to ``economic hardship,'' Miele has indicated

that failure to sell its clothes dryers as ``standard size'' will

impact the sale of its laundry products and result in loss in

employment. However, Miele did not specify any historical nor future

anticipated revenue loss from these particular models in question.

Furthermore, Miele did not provide any financial data relative to its

company nor the financial affiliation of its parent company. The

Department agrees that the loss of sales of any product will

financially affect a company, however, the Department does not believe

that Miele has demonstrated that it would cause economic hardship.

Second, in regards to ``it appears likely that the Petition for

Waiver will be granted,'' the Department questions whether the Petition

for Waiver will be granted. A waiver can be granted for either one of

two reasons. The first is if a product has design features which the

test procedure is not capable of testing, and the second is if the test

procedure provides results which are unrepresentative of its true

energy consumption as to provide materially inaccurate comparative

data. Miele certainly can test its products with the Department's test

procedure. However, in regards to the test procedure providing

materially inaccurate comparative data, the Department has concern.

This concern is primarily raised by the appearance that Miele is

actually submitting the Petition for Waiver to allow its products to

meet the minimum energy conservation standard versus the test procedure

providing results which are materially unrepresentative. The Department

believes that Miele has not demonstrated that the results will provide

``materially inaccurate comparative data,'' even though Miele contends

its dryers are more efficient with larger loads. The Department hopes

to receive additional data in response to today's publication of the

Miele Petition for Waiver.

Third, in regards to ``it would be desirable for public policy

reasons,'' Miele has indicated that denial of the Waiver would be

destructive to the company and anticompetitive. The Department does not

believe that either conclusion was demonstrated by Miele. Further,

Miele indicated that denial of the Waiver blocks innovative, improved

designs. The company is seeking through the waiver process to meet the

minimum standard level by having its machine reclassified as a

``standard'' clothes dryer rather than a ``compact'' clothes dryer.

With the reverse tumble feature, the Miele clothes dryer does not meet

the 120v, compact, electric, clothes dryer minimum energy efficiency

standard. Innovative improved designs are not being blocked. The

technical merits of the reverse tumble feature must be fully developed

in the Petition for Waiver procedure.

Therefore, for the reasons stated above, the Department denies

Miele's Application for Interim Waiver for its clothes dryers models

T1515A, T1520, T1565CA, and T1570C. Pursuant to paragraph (e) of

Sec. 430.27 of Title 10 Code of Federal Regulations Part 430, the

following letter denying the Application for Interim Waiver to Miele

was issued.

Pursuant to paragraph (b) of 10 CFR part 430.27, DOE is hereby

publishing the ``Petition for Waiver'' in its entirety. The Petition

contains no confidential information. DOE would appreciate comments,

data and other information regarding the Petition, discussed above.

Issued in Washington, DC, September 21, 1994.

Christine A. Ervin,

Assistant Secretary, Energy Efficiency and Renewable Energy.

Department of Energy, Washington, DC 20585, September 21, 1994

Mr. Nick Ord,

Vice-President and General Manager,

Miele Appliances Inc.,

22D Worlds Fair Drive,

Somerset, NJ 08873

Dear Mr. Ord:

This is in response to your Petition for Waiver and Application

for Interim Waiver of April 5, 1994, amended on April 20, 1994, and

April 22, 1994, from the Department of Energy (DOE or Department)

test procedure regarding Miele Appliances Inc. (Miele) clothes dryer

models T1515A, T1520, T1565CA, and T1570C.

You have indicated that your clothes dryers have a reverse

tumble feature which allows them to use a smaller capacity drum for

a larger clothes dryer load. You further stated, ``The specific

design characteristics of the Miele clothes dryer make the

classification of the product as `compact' totally unrepresentative

of the product's true energy consumption characteristics and

provides materially inaccurate comparative data.''

For the reasons stated infra, the Department denies Miele's

Application for Interim Waiver for its clothes dryers models T1515A,

T1520, T1565CA, and T1570C.

In order for the Department to be able to grant Miele an Interim

Waiver, it must be 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 on the Petition for Waiver.

In regards to ``economic hardship,'' Miele has indicated that

failure to sell its clothes dryers as ``standard size'' will impact

the sale of its laundry products and result in loss in employment.

However, Miele did not specify any historical nor future anticipated

revenue loss from these particular models in question. Furthermore,

Miele did not provide any financial data relative to its company nor

the financial affiliation of its parent company. The Department

agrees that the loss of sales of any product will financially affect

a company, however the Department does not believe that Miele has

demonstrated that it would cause economic hardship.

Second, in regards to ``it appears likely that the Petition for

Waiver will be granted,'' the Department questions whether the

Petition for Waiver will be granted. A waiver can be granted for

either one of two reasons. The first is if a product has design

features which the test procedure is not capable of testing, and the

second is if the test procedure provides results which are

unrepresentative of its true energy consumption as to provide

materially inaccurate comparative data. Miele certainly can test its

products with the Department's test procedure. However, in regards

to the test procedure providing materially inaccurate comparative

data, the Department has concern. This concern is primarily raised

by the appearance that Miele is actually submitting the Petition for

Waiver to allow its products to meet the minimum energy conservation

standard versus the test procedure providing results which are

materially unrepresentative. The Department believes that Miele has

not demonstrated that the results will provide ``materially

inaccurate comparative data,'' even though Miele contends its dryers

are more efficient with larger loads. The Department hopes to

receive additional data in response to the publication of the Miele

Petition for Waiver.

Third, in regards to ``it would be desirable for public policy

reasons,'' Miele has indicated that denial of the Waiver would be

destructive to the company and anticompetitive. The Department does

not believe that either conclusion was demonstrated by Miele.

Further, Miele indicated that denial of the Waiver blocks

innovative, improved designs. The company is seeking through the

waiver process to meet the minimum standard level by having its

machine reclassified as a ``standard'' clothes dryer rather than a

``compact'' clothes dryer. With the reverse tumble feature, the

Miele clothes dryer does not meet the 120v, compact, electric,

clothes dryer minimum energy efficiency standard. Innovative

improved designs are not being blocked. The technical merits of the

reverse tumble feature must be fully developed in the Petition for

Waiver procedure.

The Department will publish the Petition for Waiver in the

Federal Register and conduct a formal rulemaking so that the

technical merits of the submission can be fully developed.

If there are any questions, please contact Mr. Michael McCabe of

my staff at (202)-586-9155.

Sincerely,

Christine A. Ervin,

Assistant Secretary, Energy Efficiency and Renewable Energy

April 5, 1994

Assistant Secretary, Energy Efficiency and Renewable Energy, United

States Department of Energy, Forrestal Building, 1000 Independence

Avenue, S.W., Washington, DC 20585

Re: Application for Interim Waiver and Petition for Waiver, 10

C.F.R., Subpart B, Appendix D--Uniform Test Method for Measuring the

Energy Consumption of Clothes Dryers

Dear Assistant Secretary:

Miele Appliances, Inc. hereby submits this Application for

Interim Waiver and Petition for Waiver pursuant to Title 10 C.F.R.

Sec. 430.27. This section provides for waiver of test methods 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.

Miele Appliances, Inc., a Delaware corporation, is a small

business with under 50 employees. It currently markets highly

efficient, advanced-design vented and condenser (non-vented) clothes

dryers to complement its front-loading, horizontal axis washing

machines. These products perform as standard size products and

handle standard capacity loads. They are marketed as standard

capacity products. Integral to the design of Miele's clothes dryers

is an advanced drum design that handles a standard load capacity

with a drum size of 3.54 cu.ft.

Despite the fact that the Miele clothes dryer has a standard

load capacity, the DOE test procedure classifies it as ``compact.''

According to the DOE test method for measuring the energy

consumption of clothes dryers, 10 C.F.R. Subpart, B, Appendix D, the

Miele clothes dryers are classified as ``compact'' (id. Sec. 1.3)

since their drum size of 3.54 cu.ft. is less than the DOE definition

of ``standard.'' The definition of ``standard'' is equal to or

greater than 4.4 cubic feet (id. Sec. 1.9). The definitions of

``standard'' and ``compact'' were adopted by DOE many years ago\1\

and to not take into account the advanced Miele design.

---------------------------------------------------------------------------

\1\The DOE test procedure was adopted in 1981, 46 Fed. Reg.

27326 (May 19, 1981). The definitions of ``standard'' and

``compact'' in the test procedure were carried over from definitions

adopted in 1977 by the predecessor agency to DOE, the Federal Energy

Administration.

---------------------------------------------------------------------------

The specific design characteristics of the Miele clothes dryers

make the classification of the products as ``compact'' totally

unrepresentative of the products' true energy consumption

characteristics and provide materially inaccurate comparative data.

This treatment essentially locks Miele out of the market for

standard clothes dryers in the United States, which would be

manifestly unfair and discriminatory.

To remedy this unfairness and discrimination, Miele Appliances,

Inc. urgently requests an Interim Waiver and a Waiver to permit its

clothes dryers to be treated as ``standard size'' for purposes of

the test procedure and to determine compliance with the related

federal efficiency standard.

Miele clothes dryers are clearly designed to operate as

``standard size'' dryers. They are designed to pair with Miele's

standard clothes washer. They handle a standard load. When tested as

``standard size,'' the clothes dryer easily exceeds the minimum DOE

energy requirements for ``standard size'' clothes dryers (10 C.F.R.

Sec. 430.32(h)). More specifically:

The Miele clothes dryers are designed to complement

Miele's front-loading washing machines, Models W1918 and W1930. (See

product literature, attached hereto as Appendix 1.) These washing

machines are classified by DOE as being of ``standard'' capacity,

since their drum capacity exceeds the 1.6 cubic feet minimum

capacity required for classification as ``standard''. (See

independent ETL testing verification, Appendix 2.)

When the Miele clothes dryers are tested as

``standard'' appliances according to the prescribed DOE

requirements, all models easily comply with the energy consumption

requirements. (See independent ETL testing verification, Appendix

3.)

Miele clothes dryers are able to achieve these

``standard'' energy efficient rating despite their drum size,

because of specific design characteristics, namely:

--Miele clothes dryers have reverse tumble action. Unlike

conventional drum dryers, Miele dryers rotate clockwise (60

seconds), stop and then rotate counterclockwise (60 seconds). This

procedure is continued through all aspects of the drying cycle. The

purpose of this reverse tumble action is to be able to dry a

standard load of fabrics evenly, since by rotating in both

directions the fabrics cannot roll up a ball. This avoids having the

fabrics being dry on the outside and wet/damp on the inside, as

would otherwise happen in a product with this drum size.

--Miele clothes dryers have a lower amperage than do larger drum

dryers. Miele clothes dryers are rated at 15 amps in contrast to 30

amps to larger drum dryers. Miele clothes dryers also have lower

heat output, i.e., the clothes are dried at lower temperatures than

conventional 30 amp dryers.

Miele's line of condenser dryers have additional special design

characteristics. Miele condenser dryers do not vent the exhaust air

to the outside, but rather convert the hot, humid air to water

inside the appliance. This technology benefits those dwellers of

high-rise apartments, who in many cases have no way to vent to the

outside, or at least not without considerable remodelling/

construction expense. This advantageous design characteristic

produces a more complex drying process than the regular vented

dryer, yet when tested as a ``standard'' appliance, complies with

the DOE energy efficiency standard.

The Miele clothes washer and clothes dryer are marketed and

intended to be used as a standard laundry pair. If the clothes dryer

were forced to be classified as ``compact,'' it would jeopardize the

market for both the clothes washer and clothes dryer. Compact

clothes dryers are perceived in the marketplace as being very

different from a standard clothes dryer. Compact clothes dryers are

perceived as having fewer features and therefore less desirable than

standard clothes dryers.

In light of the foregoing, Miele requests an Interim Waiver and

Waiver that will make the following amendments to 10 C.F.R., Subpart

B. Appendix D, with respect to Miele clothes dryers Models T1515A,

T1520, T1565CA, and T1570C [additions underlined]:

1.3 ``Compact'' or ``compact size'' means a clothes dryer with a

drum capacity of less than 4.4 cubic feet, except that a clothes

dryer with a drum capacity meeting the requirements of Section 1.9

shall be deemed to be a ``standard size'' clothes dryer and shall be

tested pursuant to the testing conditions and test procedures for

``standard size'' clothes dryers.

* * * * *

1.9 ``Standard size'' means a clothes dryer with a drum capacity

of 4.4 cubic feet or greater, except that a clothes dryer with a

drum capacity of 3.50 cubic feet or greater with reverse tumble

action that alternately rotates the drum clockwise and

counterclockwise during the drying cycle to dry a standard size

drying load shall be deemed to be ``standard size'' clothes dryer

and shall be tested pursuant to the testing conditions and test

procedures for ``standard size'' clothes dryers.

Miele Appliances, Inc. requests immediate relief by grant of the

proposed Interim Waiver. Grant of an Interim Waiver is fully

justified:

Economic Hardship--Miele Appliances, Inc. is a small company

with under 50 employees and will suffer great and irreparable

economic hardship if it cannot sell its line of clothes dryers as

standard. If Miele clothes dryers are not treated as standard, they

will in effect be denied effective access to the United States

market. Beyond that, since the Miele clothes dryer is intended to be

sold as a pair with one of the Miele energy and water efficient

standard size front-loading washing machines discussed above (and

depicted in Appendix 1), an inability to sell the clothes dryer as

standard will cripple sales of the washing machine as well. Since

the revenue from the sale of laundry products is essential to the

financial well-being of the company, the regulatory prohibition of

sales of the clothes dryer as standard will jeopardize the company

and result in loss of employment.

Significant investment has already been made in developing Miele

clothes dryers that comply with recognized United States safety

testing standards. An inability to sell the products as standard

size due to regulatory action would not allow Miele to recoup these

significant investments, the financial consequences of which would

further jeopardize the company.

To comply with the DOE definition of a ``standard'' clothes

dryer, i.e., a drum size equal to or greater than 4.4 cubic feet,

Miele would have to initiate great manufacturing and tooling changes

in order to produce such a product. The huge investments needed to

accomplish this would result in a significant increase in the

manufacturing cost of the clothes dryers, which would not benefit

consumers and would simply result in substantially higher cost to

the consumer. This would render Miele products totally

uncompetitive. Consequently, the financial well-being of the company

would rapidly deteriorate.

Likely Approval of Waiver--The Petition for Waiver is likely to

be granted, because the design characteristics of the clothes dryers

are intended to allow the products to function as energy-efficient

``standard'' clothes dryers. In addition, it is manifestly unfair to

classify the Miele clothes dryer as being ``compact'' even though it

performs as a ``standard'' clothes dryer and is designed to

complement the matching Miele clothes washer, which is classified by

DOE as being of ``standard'' capacity. An independent testing

company has verified that when tested according to DOE testing

procedures as a ``standard'' clothes dryer, Miele dryers easily

comply with the consumption requirements.

Only a relatively small number of clothes dryers will be sold by

Miele Appliances, Inc. in the time period between Interim Waiver and

Waiver. During this time, whether the clothes dryers are classified

as ``compact'' or ``standard,'' this would have a negligible impact

on energy consumed or consumer decisions. Any such impact would be

beneficial.

Public Policy Merits--Miele clothes dryers, when classified as

``standard'' capacity appliances, comply with DOE energy consumption

requirements. Therefore, consumers should not be denied access to

these energy-efficient appliances, and this is an additional reason

why the requested Interim Waiver should receive prompt approval. 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 granting of the Waiver and Interim Waiver will promote this

policy and will result in increased energy savings.

Miele clothes dryers have been shown to be highly energy

efficient. These space-saving products provide an energy efficient

solution to families living in city dwellings where space for

laundry products is limited. The dryer can energy-efficiently dry a

``standard'' load size, yet take up a small amount of floor space.

The condenser dryer also makes a dryer available to households where

for physical, structural reasons a vented dryer could otherwise not

be installed. Miele clothes dryers thus offer benefits in the public

interest. To encourage and foster the availability of these energy-

efficient products is in the public interest.

Standards should not be used as a means to block innovative,

improved designs.\2\ Miele's design is an innovative and improved

way to dry a standard load of laundry and provides substantial

benefits to the public. DOE's rules should accommodate and

encourage--not act to block--such a product.

---------------------------------------------------------------------------

\2\See FTC Advisory Opinion No. 457, TRR 1718.20 (1971 Transfer

Binder); 49 Fed. Reg. 32213 (Aug. 13, 1984); 52 Fed. Reg. 49141,

49147-48 (Dec. 30, 1987).

---------------------------------------------------------------------------

Granting the Interim Waiver and Waiver will also eliminate a

non-tariff trade barrier.

Furthermore, the success of small business has wide-reaching

public policy benefits. In the case of Miele Appliances, Inc.,

continued employment creation and ongoing investments in its

marketing, sales and servicing activities will be fostered by

approval of the requested Interim Waiver. Conversely, denial of the

requested Waiver and Interim Waiver would be destructive to the

company and would be anticompetitive.

Thank you for your timely attention to this request for Interim

Waiver and Waiver. We hereby certify that all clothes dryer

manufacturers of domestically marked units known to Miele

Appliances. Inc. have been notified by letter of this application,

copies of which are attached (Appendix 4).

Sincerely,

Nick Ord,

Vice-President and General Manager Miele Appliances, Inc.

Enclosures (Appendices 1-4)

[FR Doc. 94-24127 Filed 9-28-94; 8:45 am]

BILLING CODE 6450-01-P