# Energy Conservation Program for Consumer Products: Decision and Order Granting a Waiver from the Clothes Dryer Test Procedures to Miele Appliance Inc. > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A95-4049 ## Record - **Collection:** Federal Register - **Document type:** Notice - **Published:** February 17, 1995 - **Citation:** 60 FR 9330 ## Text DEPARTMENT OF ENERGY Office of Energy Efficiency and Renewable Energy [Case No. CD-001] Energy Conservation Program for Consumer Products: Decision and Order Granting a Waiver from the Clothes Dryer Test Procedures to Miele Appliance Inc. AGENCY: Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Decision and Order. ----------------------------------------------------------------------- SUMMARY: Notice is given of the Decision and Order (Case No. CD-001) granting a Waiver to Miele Appliance Incorporated (Miele) from the existing Department of Energy (DOE or Department) test procedure for clothes dryers. The Department is granting Miele a Waiver from the Department's test procedures for its condenser clothes [[Page 9331]] dryers, models T1565CA and T1570C, which do not have an outside exhaust. The existing clothes dryer test procedure only applies to clothes dryers that are vented. FOR FURTHER INFORMATION CONTACT: P. Marc LaFrance, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Mail Station 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 Station GC-72, Forrestal Building, 1000 Independence Avenue, SW, Washington, DC, 20585, (202) 586-9507. SUPPLEMENTARY INFORMATION: In accordance with 10 CFR 430.27(g), notice is hereby given of the issuance of the Decision and Order as set below. In the Decision and Order, Miele has been granted a Waiver for its condenser clothes dryers, models T1565CA and T1570C, which do not have an outside exhaust. Issued in Washington, DC, February 10, 1995. Christine A. Ervin, Assistant Secretary, Energy Efficiency and Renewable Energy. Decision and Order In the Matter of: Miele [Case No. CD-001]. Background 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. Test procedures for clothes dryers appear at 10 CFR Part 430, Subpart D. The Department 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 dryer models T1515A, T1520, T1565CA, and T1570C. Miele's petition submission was primarily based on the reverse tumble design feature which all four models have. However, today's Decision and Order is only applicable to models T1565CA and T1570C, which are condenser dryers. Miele has certified on January 27, 1995, with the Department that its clothes dryer models T1515A and T1520 can be tested using the existing test procedure, and comply with the existing 1994 minimum energy conservation standard. On September 29, 1994, the Department published in the Federal Register the Miele petition, and solicited comments, data, and information respecting the petition, and denied the requested Interim Waiver. (59 FR 49658). Comments were received from Miele and the Association of Home Appliance Manufacturers (AHAM). The Department consulted with the Federal Trade Commission (FTC) concerning the Miele petition. The FTC did not have any objections to the Decision and Order. Assertions and Determinations On December 22, 1994, Miele provided comment to the Department that after consultation with AHAM, it had decided to restrict its request to its condenser clothes dryers, models T1565CA and T1570C. Miele indicated that the condenser clothes dryers offer additional utility to the consumer which affects energy consumption. The condenser clothes dryer does not have an outside exhaust and requires more energy to extract the moisture from the drum's exhaust prior to expelling the air back into the surrounding air. This type of product is suited for installation conditions where venting is not practical or cost prohibitive. Miele stated that the Department's existing test procedure is applicable for vented clothes dryers because the test procedure requires the use of an exhaust restrictor to simulate an installed condition. Miele further stated that since its condenser clothes dryers do not have an exhaust, they cannot be tested in accordance with the Department's test procedure, and the test procedure does not apply to them. Miele added, ``Consequently, the DOE energy conservation standard for clothes dryers does not apply to Miele 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. Sec. 6291(6).'' Miele also proposed that the Department consider adding a class for condenser clothes dryers in the current clothes dryer rulemaking (Docket No. EE-RM-94-403) for minimum energy efficiency standards, which will become effective in the 1999 timeframe, along with an appropriate test procedure. On December 27, 1994, AHAM provided comment and stated, [[Page 9332]] ``[AHAM] unanimously supports the position that Miele's condenser clothes dryer provides separate functions and utilities which affect energy use and, therefore, justify creation of a separate class for condenser clothes dryers. A separate clothes dryer standard and modified test procedure applicable to that product class should be promulgated.'' The Department agrees with Miele and AHAM that the condenser clothes dryer offers the consumer additional utility, and is justified to consum 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 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. Presently, the Department is conducting a rulemaking to review the minimum energy conservation standard levels for clothes dryers, clothes washers, and dishwashers, entitled the ``Three Cleaning Products Rulemaking'' (Docket No. EE-RM-94-403). The Department will consider adding a new product class for condenser clothes dryers in the above mentioned rulemaking. The Department will 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. Miele and AHAM provided the Department with an agreed upon version of definitions for ``condenser clothes dryers'' and ``electric clothes dryer''. The Department will consider these definitions when drafting a revised test procedure. Miele also voluntarily provided the Department with a statement that it plans on maintaining its condenser clothes dryer energy Factor within 82.5 percent of the existing non-condenser clothes dryer standard. The Department supports this effort, although, this measure will have no bearing on future condenser clothes dryer standards. Conclusion (1) The Petition for Waiver filed by Miele (Case CD-001), as modified by Miele's letter of December 22, 1994, is hereby granted as set forth in paragraph (2) below, subject to the provisions of paragraphs (3) and (4). (2) Miele is not required to test its condenser clothes dryers, models models T1565CA and T1570C. The existing 1994 minimum energy conservation standard for clothes dryers is not applicable to these Miele condenser clothes dryers. (3) The Waiver shall remain in effect from the date of issuance of this Order until DOE prescribes final test proccedures and minimum minimum energy conservation standards appropriate to Miele's condenser clothes dryers, model T1565CA and T157OC. (4) This waiver is based upon the presumed validity of statements, allegations, and documentary materials submitted by the petitioner. This exemption may be revoked or modified at any time upon a determination that the factual basis underlying the submitted data is incorrect. Filed in Washington, DC Christine A. Ervin, Assistant Secretary, Energy Efficiency and Renewable Energy. [FR Doc. 95-4049 Filed 2-16-95; 8:45 am] BILLING CODE 6450-01-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A95-4049. Public record. Not legal advice.