[Federal Register Volume 59, Number 64 (Monday, April 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7875]


[[Page Unknown]]

[Federal Register: April 4, 1994]


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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. CW-002]

 

Energy Conservation Program for Consumer Products: Decision and 
Order Granting a Waiver From the Clothes Washer Test Procedure to Asko 
Inc.

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

ACTION: Decision and Order.

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SUMMARY: Notice is given of the Decision and Order [Case No. CW-002] 
granting a Waiver to Asko Inc. (Asko) from the existing Department of 
Energy (DOE or Department) test procedure for clothes washers. The 
Department is granting Asko a Waiver from the Department's test 
procedures for its clothes washer models 10504, 12004, and 20004, with 
the following design features that differ from those covered by the 
existing clothes washer test procedure: an internal electrical heater 
for heating wash water; a continuously variable wash water temperature 
control; 208/240 volt electrical power supply; and machine-controlled 
water fill capability.

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, Asko has been granted a Waiver for its 
clothes washer models 10504, 12004, and 20004, with the following 
design features that differ from those covered by the existing clothes 
washer test procedure: an internal electrical heater for heating wash 
water; a continuously variable wash water temperature control; 208/240 
volt electrical power supply; and machine-controlled water fill 
capability.

    Issued in Washington, DC, March 25, 1994.
Frank M. Stewart, Jr.,
Acting Chief of Staff, Energy Efficiency and Renewable Energy.

Background

    The Energy Conservation Program for Consumer Products (other than 
automobiles) was established pursuant to the Energy Policy and 
Conservation Act, Public Law 94-163, 89 Stat. 917, amended by the 
National Energy Conservation Policy Act, Public Law 95-619, 92 Stat. 
3266, the National Appliance Energy Conservation Act of 1987, Public 
Law 100-12, the National Appliance Energy Conservation Amendments of 
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 consumption of certain consumer 
products, including clothes washers. The intent of the test procedures 
is to provide a comparable measure of energy consumption that will 
assist consumers in making purchasing decisions. These test procedures 
appear at 10 CFR part 430, subpart B.
    DOE amended the prescribed test procedures 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.
    Pursuant to Sec. 430.27(g), the Assistant Secretary shall publish 
in the Federal Register notice of each waiver granted, and any limiting 
conditions of each waiver.
    In accordance with Sec. 430.27 of 10 CFR part 430, on April 8, 
1993, Asko filed a Petition for Waiver regarding its clothes washer 
models 10504, 12004, and 20004, with the following design features that 
differ from those covered by the existing clothes washer test 
procedure: An internal electrical heater for heating wash water; a 
continuously variable wash water temperature control; 208/240 volt 
electrical power supply; and machine-controlled water fill capability. 
On April 26, 1993, Asko filed an Application for Interim Waiver and on 
May 11, 1993, Asko subsequently submitted an amendment to the 
Application for Interim Waiver upon DOE's request for additional 
information to allow the Department to make its determination of the 
economic hardship and/or competitive disadvantage likely to result if 
DOE fails to grant the Application for Interim Waiver. On September 7, 
1993, the Department published in the Federal Register the Asko 
petition and solicited comments, data, and information respecting the 
petition and granted the requested Interim Waiver in its entirety (58 
FR 47130).
    Comments were received from the Whirlpool Corporation (Whirlpool) 
and Speed Queen Company (Speed Queen). All comments received were sent 
to Asko for its rebuttal. The Department consulted with the Federal 
Trade Commission (FTC) concerning the Asko petition. The FTC did not 
have any objections to the issuance of a waiver to Asko.

Assertions and Determinations

    Asko's petition seeks a waiver from the DOE test procedure that is 
based on an external water heating source. Instead, Asko requests the 
allowance to test its clothes washer models 10504, 12004, and 20004 
using an internal heater which heats the cold inlet water supplied for 
washing. Since the nature of a water-heating clothes washer is 
significantly different from a nonwater-heating clothes washer, several 
issues have developed and have been commented on.
    The existing test procedure for non-water-heating clothes washers 
uses inlet water at ``100 deg.F10 deg.F'' and requires a 
temperature rise calculation based on water volume which assumes a hot 
wash temperature of 140 deg.F (60 deg.C). Thus, the calculation for the 
warm wash temperature is presumed to be set at 100 deg.F (37.8 deg.C) 
which is obtained from assumed equal amounts of hot and cold water 
being mixed in the clothes washer. For clothes washers equipped with 
thermostatically controlled inlet water valves the hot water inlet 
temperature is set to ``140 deg.F5 deg.F'' and the cold 
water inlet temperature is set to ``60 deg.F5 deg.F''.
    Asko originally proposed testing its clothes washers utilizing four 
equally weighted tests. Asko proposed that two of the tests be 
conducted at 140 deg.F (60 deg.C) (one for maximum fill and one for 
minimum fill) and the remaining two tests be conducted at 68 deg.F 
(20 deg.C) (one for maximum fill and one for minimum fill). The 
Department did not concur with this proposal and issued an Interim 
Waiver with test requirements which were more representative of the 
existing test procedure. The Interim Waiver required testing at three 
temperature settings (hot--140 deg.F (60 deg.C), warm--100 deg.F 
(38 deg.C and cold--60 deg.F (16 deg.C)) for maximum and minimum fill 
conditions. The results of the temperature setting tests were prorated 
using the existing test procedure Temperature Use Factors for a three 
temperature selection machine. The combined results for maximum and 
minimum fill were prorated using the existing test procedure values. 
Whirlpool and Speed Queen raised concern about the Asko's machines 
having the capability of heating water higher than 140 deg.F 
(60 deg.C). The concern is that some consumers will choose a 
temperature that is higher than 140 deg.F (60 deg.C) and therefore use 
more energy than the test would predict. The Department agrees with 
this concern. However, the Department also realizes that with Asko's 
variable temperature capability that some consumers may choose to 
utilize a ``hot'' temperature setting that is lower than 140 deg.F 
(60 deg.C). Furthermore, Proctor and Gamble market survey data for 1975 
and 1988/89 reveal that consumers' preferences have changed over the 13 
years to use cold washes more frequently. Therefore, the Department has 
decided that the test for water-heating clothes washers will be based 
on the following to reflect the comments received and to be as 
consistent as possible with the current test procedure. 

------------------------------------------------------------------------
                                                              Percentage
                    Temperature setting                         of use  
------------------------------------------------------------------------
Hottest possible on machine................................            5
140 deg.F (60 deg.C).......................................           25
100 deg.F (38 deg.C).......................................           55
Coldest possible on machine................................           15
------------------------------------------------------------------------

Additionally, the Department, by deciding to test the water-heating 
clothes washers at their respective, hottest and coldest, settings, 
will enable the test procedure to be generic for various clothes 
washers. For example, if a particular clothes washer's coldest setting 
actually demands heat above the specified inlet water temperature, then 
the energy for this will be considered. Whereas, if a particular 
clothes washer's coldest setting prevents any water heating, then there 
would not be any energy used to heat the wash water.
    A second issue related to Asko's internal heater capability is the 
method to be used to measure the temperatures of the water used during 
the test. Whirlpool suggested that the wash water temperature should 
reach an equilibrium temperature prior to the start of the 10 minute 
wash time required in section 2.10. The Department does not concur with 
this suggestion because the existing test procedure energy consumption 
calculations are based on a temperature rise of the clothes washer 
inlet water. The Department does not consider a ``traditional'' clothes 
washer's heat dissipation of the heated water into the internal clothes 
washer components. The Department requires the temperature in the 
Asko's clothes washer be verified to ensure that it at least meets the 
specified temperature for warm and hot during the wash cycle; it does 
not require the clothes to maintain the wash temperature. This is a 
performance issue for Asko and regardless of the operating heating 
cycle the energy consumption will be reflected in the energy reporting.
    A third issue related to Asko's internal heater capability is the 
tolerance requirement for temperatures. Whirlpool contended that the 
existing test procedure is based on calculations for temperature rises 
and recorded volumes, whereas the Asko's machines are actually 
supplying the energy to heat the water. Whirlpool further contended 
that a larger temperature tolerance will provide a significant 
difference in energy requirements. The Department concurs with the 
intent of Whirlpool's comment and has tightened the temperature 
tolerances to reduce variability in energy reporting. The Department 
has changed the tolerance for the various temperatures from 
5 deg.F (2.8 deg.C) to a maximum and minimum 
temperature value with only a 5 deg.F (2.8 deg.C) range. For example, 
the inlet water temperature requirement for water-heating clothes 
washers has been changed to a maximum of 60 deg.F (15.6 deg.C) and a 
minimum of 55 deg.F (12.8 deg.C). This reduction in the tolerance range 
will reduce energy reporting variability while maintaining testing 
flexibility. This type of tolerance will also ensure that a minimum 
temperature rise is tested.
    Speed Queen commented on the requirement for the inlet water 
temperature. Speed Queen proposed that the inlet water temperature be 
set to 50 deg.F (10 deg.C) in lieu of 60 deg.F (16 deg.C). Speed 
Queen's concern was based on the fact that the existing test procedure 
uses a 90 deg.F temperature rise in the calculations. The Department 
does not concur with the Speed Queen suggestion. As indicated above, 
the Department is changing the amended test procedure to include a test 
at the hottest temperature setting which will be conducted on a 
temperature range which is greater than 90 deg.F. In addition, the 
Department believes that a 50 deg.F (10 deg.C) inlet water requirement 
may be too burdensome. In many cases the inlet water would have to be 
cooled to obtain the 50 deg.F (10 deg.C) temperature.
    Asko's petition also addressed its design feature which will 
automatically control the water level in the clothes washer based on 
the clothes load. Whirlpool and Speed Queen both had concerns about the 
use of variable test loads to activate a maximum or minimum fill for 
testing. The concern was that the absorption of the test cloth will 
introduce an additional variable. Both Whirlpool and Speed Queen 
suggested using the existing test procedure's test loads (3 lbs. at 
minimum fill and 7 lbs. at maximum fill). The Department concurs with 
the Whirlpool and Speed Queen suggestion, however, the testing 
conducted will be representative of consumer minimum and maximum test 
loads and not the minimum and maximum test load capability of the Asko 
machines. The Department also realizes that this will cause the 
calculations for Asko's clothes washer total energy consumption at 
minimum fill to go up and total energy consumption at maximum fill to 
go down. The Department may revise the test load requirements for all 
clothes washers in the future to reflect consumer habits if usage data 
becomes available regarding automatic fill controls.
    Whirlpool also recommended that the Department change the 
requirement for the test load test cloth. Whirlpool recommended that a 
test cloth more representative of actual consumer habits be utilized 
verses the energy test cloth specified in section 2.6. The Department 
does not agree with Whirlpool's suggestion for Asko's petition because 
it is not unique to Asko's Petition. The test procedure requires the 
same test cloth for all front load machines. The Department recommends 
that this type of comment be presented during a ruling to revise the 
entire test procedure.
    The Interim Waiver had a revised requirement for the ``electrical 
energy supply'' to allow for the testing of Asko's clothes washers 
which use a higher voltage. In addition to the higher voltage change, 
the tolerance was changed from the existing test procedure requirement 
of ``2 volts'' to ``1 percent'' of the voltage. The 
Department believes that this increase in tolerance may be too 
burdensome, therefore the Department has changed the tolerance to ``1.7 
percent'' of the voltage. The 1.7 percent value is equal to the 
existing procedure tolerance.

Conclusion

    It is therefore ordered that:
    (1) The ``Petition for Waiver'' filed by Asko [Case No. CW-002] is 
hereby granted as set forth in paragraph (2) below, subject to the 
provisions of paragraphs (3), (4) and (5).
    (2) Notwithstanding any contrary provisions of section 430.22 or 
Appendix J of 10 CFR Part 430, Subpart B, Asko shall be permitted to 
test its washing machines, models 10504, 12004, and 20004 with the 
modification set forth below:
    (i) Add new Secs. 1.19 and 1.20 in appendix J to read as follows:
    1.19  ``Water-heating clothes washer'' means a clothes washer that 
has an internal electrical heater which provides all the energy needed 
to heat water for washing.
    1.20  ``Non-water-heating clothes washer'' means a clothes washer 
that does not have an internal electrical heater which provides the 
energy needed to heat water for washing.
    (ii) Sections 2.2 and 2.3 in appendix J shall be deleted and 
replaced with the following:
    2.2  Electrical energy supply. Maintain the electrical supply to 
the clothes washer terminal block within 1.7 percent of 120/208Y or 
120/240 volts as applicable to the particular terminal block wiring 
system as specified by the manufacturer. If the clothes washer has a 
dual voltage conversion capability, conduct the test at the highest 
voltage recommended by the manufacturer.
    2.3  Water temperature. 
    2.3.1  Water-heating clothes washers. The temperature of the water 
supply shall be maintained at a minimum of 55 deg.F (12.8 deg.C) and a 
maximum of 60 deg.F (15.6 deg.C).
    (iii) Sections 3.2.1 through 3.3.5 in Appendix J shall be deleted 
and replaced with the following:
    3.2.1  Per-cycle electrical energy consumption at maximum fill. Set 
the water level selector to the maximum fill position, if manually 
controlled.
    3.2.1.1  Hottest wash at maximum fill. Activate the machine and 
insert the appropriate test load as specified in section 2.8.2.1. 
Select the normal or its equivalent wash cycle. Where spin speed 
selection is available, set the control to its maximum setting. Set the 
water temperature selector to the hottest setting and activate the wash 
cycle. Measure and record the kilowatt-hours of electrical energy 
consumed for the complete cycle as Eht,max.
    3.2.1.2  Hot wash at maximum fill. Insert a water temperature 
sensing device inside the inner drum prior to testing. Activate the 
machine and insert the appropriate test load as specified in section 
2.8.2.1. Select the normal or its equivalent wash cycle. Where spin 
speed selection is available, set the control to its maximum setting. 
Set the water temperature selector to the hot setting (a minimum of 
140 deg.F (60 deg.C) and a maximum of 145 deg.F (62.8 deg.C)) and 
activate the wash cycle. Verify the wash water temperature, which must 
be at a minimum of 140 deg.F (60 deg.C) and a maximum of 145 deg.F 
(62.8 deg.C). If the measured water temperature is not within the 
specified range, stop testing, adjust the temperature selector 
accordingly and repeat the procedure. Otherwise, proceed and complete 
testing. Measure and record the kilowatt-hours of electrical energy 
consumed for the complete cycle as Eh,max.
    3.2.1.3  Warm wash at maximum fill. Repeat section 3.2.1.2 for a 
warm wash setting at a minimum of 100 deg.F (37.8 deg.C) and a maximum 
of 105 deg.F (40.6 deg.C). Measure and record the kilowatt-hours of 
electrical energy consumed for the complete cycle as Ew,max.
    3.2.1.4  Cold wash at maximum fill. Repeat section 3.2.1.1 for the 
coldest water setting. Measure and record the kilowatt-hours of 
electrical energy consumed for the complete cycle as Ec,max. 
Ensure that the inlet water temperature is maintained per section 
2.3.1.
    3.2.2  Per-cycle electrical energy consumption at minimum fill. Set 
the water level selector to the minimum fill position, if manually 
controlled.
    3.2.2.1  Hottest wash at minimum fill. Repeat section 3.2.1.1 for a 
test load as specified in section 2.8.2.1. Measure and record the 
kilowatt-hours of electrical energy consumed for the complete cycle as 
Eht,min.
    3.2.2.2  Hot wash at minimum fill. Repeat section 3.2.1.2 for a 
test load as specified in section 2.8.2.1. The hot wash setting shall 
be at a minimum of 140 deg.F (60 deg.C) and a maximum of 145 deg.F 
(62.8 deg.C). Measure and record the kilowatt-hours of electrical 
energy consumed for the complete cycle as Eh,min.
    3.2.2.3  Warm wash at minimum fill. Repeat section 3.2.1.2 for warm 
wash setting at a minimum of 100 deg.F (37.8 deg.C) and a maximum of 
105 deg.F (40.6 deg.C). Measure and record the kilowatt-hours of 
electrical energy consumed for the complete cycle as Ew,min.
    3.2.2.4  Cold wash at minimum fill. Repeat section 3.2.1.1 for the 
coldest wash setting. Measure and record the kilowatt-hours of 
electrical energy consumed for the complete cycle as Ec,min. 
Ensure that the inlet water temperature is maintained per section 
2.3.1.
    (iv) Sections 4.1 through 4.6 in Appendix J shall be deleted and 
replaced with the following:
    4.1  Per-cycle temperature-weighted machine electrical energy 
consumption for maximum and minimum water fill levels. Calculate the 
per-cycle temperature-weighted electrical energy consumption for the 
maximum water fill level, Emax, and for the minimum water fill 
level, Emin, expressed in kilowatt-hours per cycle and defined as:

Emax = (0.05  x  Eht,max) + (0.25  x  Eh,max) + (0.55 
x  Ew,max) + (0.15  x  Ec,max)
Emin = (0.05  x  Eht,min) + (0.25  x  Eh,min) + (0.55 
x  Ew,min) + (0.15  x  Ec,min)

where:

Eht,max=as defined in section 3.2.1.1
Eh,max=as defined in section 3.2.1.2
Ew,max=as defined in section 3.2.1.3
Ec,max=as defined in section 3.2.1.4
Eht,min=as defined in section 3.2.2.1
Eh,min=as defined in section 3.2.2.2
Ew,min=as defined in section 3.2.2.3
Ec,min=as defined in section 3.2.2.4

    4.2  Total per-cycle machine electrical energy consumption. 
Calculate the total per-cycle energy consumption, ETE, expressed 
in kilowatt-hours per cycle and defined as:

ETE=(0.72 x Emax) + (0.28 x Emin)

where:

Emax, Emin = as defined in section 4.1
    (v) In CFR Sec. 430.22, paragraph (j)(1)(i)(B), change the 
following:

From: ``* * * according to 4.6 of Appendix (j) * * *''
To: ``* * * according to 4.2 of Appendix (j) * * *''

    (vi) Section 430.22 of the CFR, paragraph (j)(2), shall be deleted 
and replaced with the following:
    (J)(2) The energy factor for water-heating clothes washers shall be 
the quotient of the cubic foot capacity of the clothes container as 
determined in 3.1 of appendix J to this subpart divided by the clothes 
washer energy consumption per cycle expressed as the total per-cycle 
machine electrical energy consumption as determined in 4.2 of appendix 
J to this subpart. The resulting shall be rounded off to the nearest 
0.01 cubic foot per kilowatt-hour.
    (3) The Waiver shall remain in effect from the date of issuance of 
this Order until DOE prescribes final test procedures appropriate to 
these washing machines, models 10504, 12004, and 20004, manufactured by 
Asko.
    (4) This Waiver is based upon the presumed validity of statements, 
allegations, and documentary materials submitted by the petitioner. 
This Waiver may be revoked or modified at any time upon a determination 
that the factual basis underlying the Petition is incorrect.
    (5) This Waiver supersedes the Interim Waiver granted to Asko on 
September 7, 1993 (58 FR 47130).

    Issued in Washington, DC, March 25, 1994.
Frank M. Stewart, Jr.,
Acting Chief of Staff, Energy Efficiency and Renewable Energy.
[FR Doc. 94-7875 Filed 4-1-94; 8:45 am]
BILLING CODE 6450-01-P