[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: 94-7877]


[[Page Unknown]]

[Federal Register: April 4, 1994]


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

DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. CW-001]

 

Energy Conservation Program for Consumer Products: Decision and 
Order Granting a Waiver From the Clothes Washer Test Procedures to New 
Harmony Systems Corporation

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

ACTION: Decision and order.

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

Summary: Notice is given of the Decision and Order [Case No. CW-001] 
granting a Waiver to New Harmony Systems Corporation (New Harmony) from 
the existing Department of Energy (DOE or Department) test procedure 
for clothes washers. The Department is granting New Harmony a Waiver 
from the Department's test procedures for its series 1 and 2 clothes 
washers 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 variable water temperature 
control; and 120/208Y and/or 120/240 volt electrical power supply.

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) 
586-7140.
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, New Harmony has been granted a Waiver for 
its series 1 and 2 clothes washers 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 
variable wash water temperature control; and 120/208Y and/or 120/240 
volt electrical power supply.

    Issued in Washington, DC, March 24, 1994.
Frank M. Stewart, Jr.,
Chief of Staff, Energy Efficiency and Renewable Energy.

Decision and Order

In the matter of: New Harmony [Case No. CW-001].

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 February 2, 
1993, New Harmony filed a ``Petition for Waiver'' and an ``Application 
for Interim Waiver'' regarding its series 1 and 2 clothes washers with 
the following design features that differ from those covered by the 
existing clothes washer test procedure: An internal water heating 
source; a various temperature selection capability; and an alternate 
electrical power supply. On June 15, 1993, the Department published in 
the Federal Register the New Harmony petition and solicited comments, 
data, and information respecting the petition and granted the requested 
Interim Waiver with minor revisions as discussed in the Interim Waiver 
(58 FR 33089).
    Comments were received from the Whirlpool Corporation (Whirlpool). 
All comments received were sent to New Harmony for its rebuttal. The 
Department consulted with the Federal Trade Commission (FTC) concerning 
the New Harmony petition. The FTC did not have any objections to the 
issuance of a Waiver to New Harmony.

Assertions and Determinations

    New Harmony's petition seeks a Waiver from the DOE test procedure 
that is based on an external water heating source. Instead, New Harmony 
requests the allowance to test its series 1 and 2 clothes washers 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 than a non-water-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''.
    New Harmony originally proposed testing their machines utilizing 
the existing test procedure Temperature Use Factors (TUFs) for a three 
temperature selection machine with a slight revision. New Harmony 
proposed changing the TUF for the ``hot'' setting from ``30%'' to 
``25%'' and adding ``5%'' for the hottest setting on their machines. 
The Department did not concur with this proposal because New Harmony 
did not present any basis for the ``5%'' value. The Department 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 TUFs for a three-
temperature selection machine. The combined results for maximum and 
minimum fill were prorated using the existing test procedure values.
    Whirlpool raised concern about the New Harmony'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 New Harmony'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 
reveals that consumer's preference has 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 comment received and to be as consistent as 
possible with the current test procedure. 

------------------------------------------------------------------------
                                                                 Percent
                     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 
------------------------------------------------------------------------

    The Department realizes that the ``5%'' use factor at the hottest 
setting was suggested by New Harmony without any firm basis, other than 
anticipated consumer habits. However, the Department believes that New 
Harmony's assessment of the anticipated usage factor is the best means 
of resolving this issue. 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 prevented any water 
heating, then there would not be any energy used to heat the wash 
water.
    A second issue related to New Harmony'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 Sec. 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 New Harmony'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 washer to maintain the wash 
temperature. This is a performance issue for New Harmony and regardless 
of the operating heating cycle the energy consumption will be reflected 
in the energy reporting. Therefore, the Department has deleted the 
requirement for measuring the temperature at the drain pipe.
    A third issue related to New Harmony'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 New Harmony'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.
    The Interim Waiver had a revised requirement for the ``electrical 
energy supply'' to allow for the testing of New Harmony's clothes 
washers which utilize 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.
    Whirlpool indicated a concern about the definition of ``a water 
heating clothes washer''. Their concern was that the proposed 
definition only considered a machine that provides all of the energy 
for heating the wash water by the internal electric heater. Whirlpool 
believes that the definition should consider the introduction of 
externally heated wash water. The Department understands Whirlpool's 
concern about clothes washers that may have the option of using 
externally heated water along with an internal heater. However, New 
Harmony's machines do not have this capability. Therefore, this Waiver 
for New Harmony does not require a definition change nor a test 
procedure change. The Department will address this issue in a future 
general test procedure revision.
    Whirlpool indicated a concern that the Waiver should address the 
capability of testing a warm rinse. Since New harmony's machines do not 
have a warm rinse option, the Department does not agree that this 
Waiver should have the capability of testing a warm rinse option. The 
Department does concur that this issue may be applicable in the future 
and will address this issue in a general test procedure revision.

Conclusion

    It is therefore ordered that:
    (1) The ``Petition for Waiver'' filed by New Harmony [Case No CW-
001] 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, New Harmony shall be 
permitted to test its series 1 and 2 clothes washers with the 
modification set forth below:
    (i) Add new Sec. 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 Sec. 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 
Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 3.2.1.1 for a 
test load as specified in Sec. 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 Sec. 3.2.1.2 for a test 
load as specified in Sec. 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 Sec. 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 Sec. 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 Sec. 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) Sec. 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 
New Harmony's series 1 and 2 clothes washers.
    (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 New 
Harmony on June 15, 1993 (58 FR 33089).

    Issued in Washington, DC March 24, 1994.
Frank M. Stewart, Jr.,
Chief of Staff, Energy Efficiency and Renewable Energy.
[FR Doc. 94-7877 Filed 4-1-94; 8:45 am]
BILLING CODE 6450-01-P