[Federal Register Volume 60, Number 158 (Wednesday, August 16, 1995)]
[Notices]
[Pages 42553-42556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20282]
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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. CW-003]
Energy Conservation Program for Consumer Products: Granting of
the Application for Interim Waiver and Publishing of the Petition of
Miele Appliance Inc. (Miele) for Waiver From the Department of Energy
Clothes Washer Test Procedure, (Case No. CW-003).
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
SUMMARY: Today's notice publishes a letter granting an Interim Waiver
to Miele and a Petition for Waiver request from the existing Department
of Energy (Department or DOE) clothes washer test procedure for the
company's clothes washer models W1903, W1918, and W1930. The design
features that differ from those covered by the existing clothes washer
test procedure are: 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.
Miele seeks to test by internally heating inlet cold water instead
of using externally heated water; test by using the coldest and hottest
temperature setting available on its machines, along with warm (minimum
of 100 deg.F to maximum of 105 deg.F) and hot (minimum of 140 deg.F
to 145 deg.F) temperature settings with new temperature use factors
instead of the existing test procedure temperature requirements and
temperature use factors; test using a 208/240 volt power supply instead
of a 120 volt power supply; and test without selecting a desired level
of fill instead of manually selecting minimum and maximum fill
settings. DOE is soliciting comments and information regarding the
Petition for Waiver.
DATES: DOE will accept comments, data, and information not later than
September 15, 1995.
ADDRESSES: Written comments and statements shall be sent to: Department
of Energy, Office of Energy Efficiency and Renewable Energy, Case No.
CW-003, Mail Stop EE-431, Room 1J-018, Forrestal Building, 1000
Independence Avenue, SW., Washington, DC, 20585 (202) 586-7574.
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: 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 June 2, 1995,
Miele filed a Petition for Waiver and an Application for Interim Waiver
regarding its clothes washer models W1903, W1918, and W1930, 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. Miele's Application seeks an Interim Waiver from
the DOE provisions that require an externally heated water supply,
three specified temperature settings (i.e., 140 deg. F, 100 deg. F, and
60 deg. F), 120 volt electrical power supply, and manually selected
water fill settings. Instead, Miele requests the allowance to test its
machines with: a cold water supply that is heated internally for
washing; the coldest and hottest temperature setting available on its
machines along with warm (minimum of 100 deg. F to maximum of 105 deg.
F) and hot (minimum of 140 deg. F to
[[Page 42554]]
maximum 145 deg. F) temperature settings with new temperature use
factors; manufactured specified voltages of 208/240; and allowing the
machine to automatically select the fill settings based on the existing
test procedure test load.
Miele states in its application that it is likely the Waiver will
be granted, because waivers for clothes washers with such design
characteristics were granted to Asko (59 FR 15719, April 4, 1994) and
New Harmony (59 FR 15710, April 4, 1994). Miele also stated that its
clothes washer is intended to be sold as a pair with one of the Miele
clothes dryers, and denial of an interim waiver for the clothes washer
would adversely affect sales of the clothes dryer as well. Miele
indicated that because revenue from the sales of laundry products is
essential to the financial well-being of its company, a denial would
severely affect the company. Miele explained how its clothes washers
are energy efficient and innovative, and believes that from a public
policy standpoint, the Interim Waiver should be granted to promote
energy savings.
In those instances, where the likely success of the Petition for
Waiver has been demonstrated based upon DOE having granted a waiver for
a similar product design, it is in the public interest to have similar
products tested and rated for energy consumption on a comparable basis.
Therefore, based on the above, DOE is granting Miele an Interim
Waiver for its clothes washer models WI1903, WI1918, and WI1930.
Pursuant to paragraph (e) of Sec. 430.27 of the Code of Federal
Regulations Part 430, the following letter granting the Application for
Interim Waiver to Miele was issued.
Pursuant to paragraph (b) of 10 CFR 430.27, DOE is hereby
publishing the ``Petition for Waiver.'' The Miele Appendix 1 of its
Petition is not being published, because it is essentially a duplicate
to the modifications to the DOE test procedures provided in the
Department's letter granting the Interim Waiver to Miele. However, the
original submission is available upon request at the address provided
at the beginning of today's notice. The petition contains no
confidential information. DOE solicits comments, data and information
regarding the Petition discussed above.
Issued in Washington, DC August 10, 1995.
Christine A. Ervin,
Assistant Secretary, Energy Efficiency and Renewable Energy.
Department of Energy
Washington, DC 20585
August 10, 1995
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 June 2, 1995, from the
Department of Energy (the Department) test procedure pursuant to
Title 10 CFR Part 430.27 for clothes washers, regarding Miele
Appliances Inc. (Miele) clothes washer models W1903, W1918, and
W1930. The Miele clothes washers have 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.
Previous waivers from DOE test procedures for clothes washers
with such design features have been granted to DOE to Asko (59 FR
15719, April 4, 1994) and New Harmony (59 FR 15710, April 4, 1994).
Thus, it appears likely that the Miele's Petition for Waiver will be
granted by DOE.
Miele also stated that its clothes washer is intended to be sold
as a pair with one of the Miele clothes dryers, and that denial of
an interim waiver for the clothes washer would adversely affect
sales of the clothes dryer as well. Miele indicated that revenue
from the sales of laundry products is essential to the financial
well-being of its company, and that a denial would severely affect
the company. Miele explained how its clothes washers are energy
efficient and innovative, and believes that from a public policy
standpoint, the Interim Waiver should be granted to promote energy
savings.
Therefore, based on the likely approval of the Petition for
Waiver and potential economic hardship which may result if Miele is
unable to sell its products during the time required to process the
Petition for Waiver, the Department grants Miele's Application for
an Interim Waiver from the DOE test procedures for its clothes
washer models W1903, W1918, and W1930.
Miele shall be permitted to test its clothes washers on the
basis of the test procedures specified in 10 CFR Part 430, Subpart
B, Appendix J, with the following modifications:
(i) Add new sections, 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 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 and 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.
[[Page 42555]]
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 Ew,max) + (0.55
x Ec,max)
Emin=(0.05 x Eht,min) + (0.25 x Eh,min) + (0.55
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 Section 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.
This interim Waiver is based upon the presumed validity of
statements and all allegations submitted by Miele Appliances Inc.
This Interim Waiver may be revoked or modified at any time upon a
determination that the factual basis underlying the application is
incorrect.
The Interim Waiver shall remain in effect for a period of 180
days, or until the Department acts on the Petition for Waiver,
whichever is sooner, and may be extended for an additional 180-day
period, if necessary.
Best regards,
Christine A. Evin,
Assistant Secretary, Energy Efficiency and Renewable Energy.
Miele
Appliances, Inc.
22D Worlds Fair Drive Somerset NJ 08873 (908)
560-0899 Toll Free 1-800-843-7281 FAX (908)
???????
June 2, 1995
Assistant Secretary, U.S. Department of Energy, Office of Energy
Efficiency and Renewable Resources, Room 5E-066, Forrestal Building,
1000 Independence Avenue, S.W., Washington, D.C. 20585
Re: Application for Interim Waiver and Petition for Waiver, 10
C.F.R. Subparts B, Appendix J--Uniform Test Method For Measuring
Energy Consumption of Automatic and Semi-Automatic Clothes Washers
Dear Assistant Secretary: Miele Appliances, Inc. (``Miele'')
hereby submits this application for Interim Waiver and Petition for
Waiver pursuant to 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 clearly
qualifies for such relief.
Miele requests an interim waiver and a waiver from DOE's test
procedures for its clothes washers Models W1903, W1918, and W1930.
These models have the following design features that differ from
those covered by DOE's existing clothes washer testing procedures:
An internal electrical heater for heating clothes wash
water;
Variable wash water temperature controls;
208/240 volt electrical power supply; and
machine-controlled water-fill capability.
Miele requests that an interim waiver and a waiver be granted to
allow for testing that takes these features into account.
There is strong precedent for such an interim waiver and waver.
See, 59 Fed. Reg. 15719 (April 4, 1994) (waiver; Asko, Inc.); 59
Fed. Reg. 15710 (April 4, 1994) (waiver; New Harmony Systems Corp.);
58 Fed. Reg. 47130 (Sept. 7, 1993) (interim waiver; Asko, Inc.); 58
Fed. Reg. 33089 (June 15, 1993) (interim waiver; New Harmony Systems
Corp.).
These four features are discussed below.
Internal electrical heater. Miele's clothes washer
models W1903, W1918, and W1030 use an internal heater that heats the
water supplied for washing. The DOE test procedure is not based on
an internal heater. Since the nature of a water-heating clothes
washer is significantly different from a non-water-heating clothes
washer, the waiver is warranted. Such a waiver was granted to Asko
and New Harmony.
The W1903 has only a cold-water connection. This places it
outside the scope of the DOE test procedure, since the incoming
water temperature cannot be controlled by thermostatically
controlled valves as per Section 2.3, or by opening and closing the
valves as called for in Section 3.2.2.6. The W1918 and W1930 have
both cold and hot-water connections and thermostatically controlled
water valves, but the internal heater nonetheless heats the wash
water to whatever temperature is selected and maintains this
temperature for the duration of the wash program. Therefore, a
waiver is warranted on all three models in the light of the internal
water heater.\1\
\1\ Miele believes that the simplest way to test the W1918 and
W1930 would be to allow them to be tested using cold water only. The
proposed test procedure for Miele's waiver adopts this approach.
Another option would be to develop new equations for the testing of
a water-heating clothes washer with both cold- and hot-water
connections.
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208/240 volt electrical power supply. Miele's units use
a 208/240 volt power supply. Miele therefore requests a waiver from
the DOE test provision that requires 120+/-2 volts electrical power
supply.
Variable wash water temperature controls. Miele's
clothes washers have variable wash water temperature controls. Since
the selectable temperatures on the Miele models do not correspond to
the temperatures in the DOE test procedures, which are 140 deg.F/
60 deg.C for hot, 100 deg.F/38 deg.C for warm, and 60 deg.F/16 deg.C
for cold, Miele therefore requests a waiver from the DOE test
provision that requires testing at three specific temperatures
obtained using two specified intake water temperatures.
Machine-controlled water-full capability. The DOE
procedure is based on a manual water-fill control. Miele's washing
machines do not have a manual water-fill control. Miele requests a
waiver concerning its design feature that automatically controls the
water level in the clothes washer based on the clothes load.
Miele therefore proposes an interim waiver and waiver to amend
the test procedure for testing its clothes washers, according to the
test method attached as Appendix 1 hereto.
* * * * *
Miele requests immediate relief by grant of the proposed interim
waiver, justified by the following reasons:
Likely Approval of Waiver. The Petition for Waiver is likely to
be granted. Waivers concerning clothes washers with such design
characteristics were granted to Asko and New Harmony. The design
characteristics of water-heating clothes washers are distinctly
different from non-heating clothes washers. It seems very likely
that a test method on the lines of the proposed method will be
approved.
Economic Hardship. Clothes washers, together with clothes
dryers, are an important part of Miele's business. Since the Miele
clothes washer is intended to be sold as a pair with one of the
Miele clothes dryers, denial of an interim waiver for the clothes
washers would adversely affect sales of the clothes dryers as well.
Since the revenue from the sale of laundry products is essential to
the financial well-being of the company, a denial would severely
affect the company.
[[Page 42556]]
Denial of the interim waiver would adversely affect Miele's home
office, which employs 58 employees, its 175 independent service
agencies, 400 independent retailers, 17 independent sales
representatives and 4 regional distributors that carry the Miele
product line throughout the country.
Public Policy Merits. The public policy benefits of encouraging
business success and fostering innovation in clothes washer design
are additional reasons for prompt approval of the requested interim
waiver.
Miele clothes washers are innovative and beneficial products.
Miele's water-hearing clothes washers use less than one-third of
the water for washing, compared to most clothes washers. This means
much less energy for heating wash water.
It also means a substantial reduction in washing chemicals
introduced into the environment. Miele's water heating clothes
washers are designed to efficiently extract more water from wet
clothes by a high speed spin cycle, up to 1600 RPM. Such water
extraction is many times more energy efficient than drying the same
amount of water. This innovation in clothes washer design does not
affect the test method for clothes washers, but does result in
increased energy savings. These are additional reasons why the
requested interim waive should receive prompt approval.
In that regard, 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 to hinder such purchases. The granting of the waiver
and interim waiver will promote this policy and will result in
increased energy savings.
Furthermore, continued employment creation and ongoing
investments in Miele's marketing, sales and service activities will
be fostered by approval of the requested interim waiver. Conversely,
denial would harm the company and would be anticompetitive. And, it
would be unjust to grant interim waivers and waivers to Asko and New
Harmony but deny them to Miele.
In the period between interim waiver and waiver, only a
relatively small number of water-heating clothes washers will be
sold by Miele. Any difference between the test method approved for
interim waiver and that finally approved for the Waiver will have
only minimal impact on energy consumption or consumer decisions.
* * * * *
Thank you for your timely attention to this request for interim
waiver and waiver.
We hereby certify that all clothes washer manufacturers of
domestically-marketed units known to Miele Appliances, Inc. have
been notified by letter of this application, copies of which are
attached as Appendix 2 hereto.
Sincerely,
Nick Ord,
Vice President and General Manager, Miele Appliances, Inc.
Attachments
[FR Doc. 95-20282 Filed 8-15-95; 8:45 am]
BILLING CODE 6450-01-M