[Federal Register Volume 59, Number 188 (Thursday, September 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24127]
[[Page Unknown]]
[Federal Register: September 29, 1994]
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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.
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\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.
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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.
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\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).
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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