[Federal Register Volume 61, Number 80 (Wednesday, April 24, 1996)]
[Notices]
[Pages 18125-18131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9950]



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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy
[Case No. CW-004]


Energy Conservation Program for Consumer Products: Granting of 
the Application for Interim Waiver and Publishing of the Petition for 
Waiver of General Electric Appliances From the DOE Clothes Washer Test 
Procedure

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

ACTION: Notice.

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SUMMARY: Today's notice grants an Interim Waiver to General Electric 
Appliances (GEA) and publishes GEA's Petition for Waiver from the 
existing Department of Energy (DOE or Department) clothes washer test 
procedure regarding wash temperature selections and automatic water 
fill capability for its clothes washer model WZSE5310 (Monogram brand).
    GEA seeks a waiver because its clothes washer model WZSE5310 has 
the following design features that differ from those covered by the 
existing DOE clothes washer test procedures: five wash temperatures (a 
cold, three warms and a hot) in a primary mode (factory preset), 34 
wash temperatures in a secondary programming mode (i.e., a customizing 
feature), and a consumer selectable manual or automatic water fill 
capability. GEA seeks to test wash temperature selections by averaging 
the three warm wash temperatures (warm-hot/cold, warm/cold and warm-
cold/cold) in the primary mode and then applying the existing test 
procedure Temperature Use Factors (TUFs) for a three temperature 
machine (hot/cold, warm/cold and cold/cold). In regard to consumer 
selectable water fill capability, GEA proposes to use the existing test 
procedure manual fill provision. DOE is soliciting comments and 
information regarding the Petition for Waiver.

DATES: DOE will accept comments, data, and information not later than 
May 24, 1996.

ADDRESSES: Written comments and statements shall be sent to: Department 
of Energy, Office of Energy Efficiency and Renewable Energy, Case No. 
CW-004, Mail Stop EE-431, Room 1J-018, Forrestal Building, 1000 
Independence Avenue SW., Washington, DC, 20585-0121 (202) 586-7140.

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 20585-0121, 
(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 20585-0103, (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, as amended (EPCA), 42 USC 6291 et 
seq., 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 Title 10 
CFR Part 430, Subpart B.
    DOE amended the test procedure rules to provide for a waiver 
process by adding Sec. 430.27 to Title 10, CFR Part 430. (45 FR 64108, 
September 26, 1980). 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 from 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

[[Page 18126]]

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.
    On October 9, 1995, GEA filed a Petition for Waiver and an 
Application for Interim Waiver regarding its clothes washer model 
WZSE5310. The design features that differ from those covered by the 
existing clothes washer test procedure are: Five wash temperatures (a 
cold, three warms and a hot) in a factory preset primary mode, 34 wash 
temperature selections in a secondary programming mode which may be 
substituted for the factory preset temperatures, and a consumer 
activated choice of a manual or automatic water fill capability.
    GEA proposed testing either the higher of the factory preset 
temperature selection or the mean of the adjustable range of the 
secondary programming mode temperature selections. This results in GEA 
seeking to test the wash temperature selections by averaging the warm 
wash temperatures in the primary (factory preset) mode and then 
applying the Temperature Use Factors (TUFs) for a three temperature 
machine (hot/cold, warm/cold and cold/cold) found in the existing test 
procedure at Section 5.3 of Appendix J to Subpart B. In regard to 
consumer selectable water fill capability, GEA proposes to use the 
existing test procedure manual fill provision.

Discussion of Comments

Wash Temperature Selections

    The Department received comments about the GEA Interim Waiver 
Application and Petition for Waiver request from Asko Inc. (ASKO), 
Maytag and Admiral Products (Maytag), Speed Queen Company (Speed 
Queen), Whirlpool Corporation (Whirlpool) and White Consolidated 
Industries, Inc. (White Consolidated).1 All commenters opposed 
GEA's proposed method to test the higher of the factory preset or the 
mean of the secondary programming mode temperature selection range. All 
commenters believed that the hottest setting available in the secondary 
programming mode (126  deg.F) should be tested in lieu of the hottest 
setting available at the factory preset (120  deg.F) for hot.
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     1  Comments are available upon request at the address 
provided at the beginning of today's notice.
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    Some commenters proposed various methods on how to test the GEA 
clothes washer. Maytag believed the hottest settings available in the 
secondary programming mode should be tested and the warm wash 
temperatures averaged. Speed Queen believed that the clothes washer 
should be tested in the factory preset mode and in the secondary 
programming mode (hottest settings available), and then new TUFs should 
be applied to the two modes. Whirlpool believed that the Association of 
Home Appliance Manufacturers (AHAM) proposed test procedure 2 
should be directly applied to the secondary programming mode, thus the 
hottest setting available and coldest setting available would be 
tested, along with the testing and averaging of all warm wash 
(intermediate) temperatures. White Consolidated believed that the AHAM 
test procedure should not be applied, that the hottest hot, hottest 
cold and either hottest middle warm or hottest higher warm of the 
secondary programming mode should be tested (it was unclear to the 
Department which one was being recommended).
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     2 On March 23, 1995, DOE published a proposed rule to 
amend the clothes washer test procedure. (56 FR 15330). In response 
to the Department's Proposed Rule, AHAM proposed a new test 
procedure to become effective concurrently with the anticipated 
future clothes washer standards. The Department supports AHAM's 
effort in developing a new test procedure and will address issues 
regarding that test procedure under the appropriate rulemaking 
(Docket No. EE-RM-94-230). Although a number of comments reference 
the proposed AHAM test procedures, the Department does not believe 
that it can be used to establish testing procedures for issues 
covered by the existing test procedures. If the issues are not 
covered by the existing test procedure, then the AHAM proposed test 
procedure may have merit.
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    GEA provided a rebuttal comment that the current test procedure 
requires the testing of the ``hottest setting available'' and states 
that ``the only `setting' on the new Monogram machine is the main 
temperature selection pads on the control panel. This use of the term 
`setting' is its normal and conventional meaning.'' GEA believed that 
there is no basis to test in the secondary programming mode and that 
Australian survey data indicates that the secondary programming mode is 
used only six percent of the time. GEA continued to say that its 
original proposal is preferable, but if the AHAM test procedure were to 
be applied to the secondary programming mode, then it believes new TUFs 
should be allowed.
    The Department believes that the ``hottest setting available'' 
refers to available on the clothes washer and not any particular mode 
of a clothes washer because the rule language (Section 3.2.2.2) clearly 
states ``For automatic clothes washers set the wash/rinse temperature 
selector to the hottest setting available (hot/warm).'' Based on the 
information and comments available, if the existing test procedure is 
applied to the GEA clothes washer, the Department believes that the 
hottest setting available on the clothes washer should be tested for 
the hot setting. Furthermore, the Department believes this philosophy 
should be extended to the warm and cold wash temperature settings 
because this is the industry's basic interpretation 3 of the test 
procedure.
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     3  Manufacturers have voluntarily made this interpretation 
for temperature selections other than hot. The Department is aware 
of at least one manufacturer who has tested the hottest of a 
similarly labeled temperature selection (i.e. auto cold/cold 70/80 
deg.F was tested in lieu of cold/cold 60  deg.F).
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    Concerning GEA's two intermediate warm temperatures [one warm 
temperature which is equally hotter than the median warm (warm-hot/
cold) and one which is equally colder than the median warm (warm-cold/
cold)], the Department believes that these temperature selections do 
not have to be tested. The Department believes that consumers are just 
as likely to choose the hotter warm (warm-hot/cold) as they are to 
choose the cooler warm (warm-cold/cold). This position has been 
supported by White Consolidated. Furthermore, on November 24, 1992, the 
Department rejected a Petition for Waiver from Maytag which had a 
clothes washer with intermediate warm temperatures (half hot and half 
warm; and half warm and half cold) and indicated that it ``could be 
tested using the existing test procedure by neglecting the intermediate 
temperature settings.'' The Department also acknowledges that

[[Page 18127]]

this approach will be equivalent to averaging all three warm wash 
temperature selections, but it will reduce the test burden. Therefore, 
today's Interim Waiver being granted to GEA requires that the hottest 
setting available of the hot/cold (126  deg.F), warm/cold (101  deg.F) 
and cold/cold (66  deg.F) temperature selections be tested in the 
secondary programming mode. The Department requests comments about the 
test method provided to GEA in the Interim Waiver and recommendations 
for alternatives, if appropriate, considering today's publication.

Automatic Water Fill Capability

    GEA did not request a waiver from the existing test procedure to 
test its automatic water fill capability feature. However, Asko, 
Maytag, Speed Queen and Whirlpool had concerns about this feature. 
Maytag believed that testing in the manual mode is acceptable, as long 
as all rinse cycles are cold because due to the clothes washer sensing 
capability, additional rinse water may be added. Asko, Speed Queen and 
Whirlpool believed that the automatic water fill capability should be 
tested primarily because they believe that GEA will market the energy 
saving potential of the automatic water fill capability. In addition, 
Asko indicated that the automatic water fill feature may use more 
energy than the manual fill mode. Speed Queen and Whirlpool believed 
that the AHAM proposed test procedure should be used for the testing.
    GEA rebutted that the existing test procedure requires the minimum 
and maximum fill settings be tested and that its machine can be tested 
in the manual mode with the minimum and maximum settings and a waiver 
was not required.
    The Department agrees with GEA that its clothes washer can be 
tested with the existing test procedure regarding water fill. However, 
a second requirement for a Waiver is whether a test procedure evaluates 
a basic model in a manner so unrepresentative of its true energy 
consumption as to provide materially inaccurate comparative data. 
Therefore, the issues regarding GEA's clothes washer raised by the 
commenters have merit. GEA has stated to the Department that when 
applying the existing test procedure test loads and minimum and maximum 
usage fill factors its clothes washer uses less energy when the 
automatic water fill mode (as preset from the factory) is used versus 
the manual mode. However, the ``sensitivity'' or relative fill amounts 
of the automatic water fill mode can be reprogrammed in the secondary 
programming mode, thus resulting in an increase in energy consumption 
above the manual mode result.
    The Department believes that the GEA clothes washer should be 
tested to capture both the automatic water fill mode and the manual 
water fill mode since both options are available to the consumer. This 
can be achieved by testing and averaging the two. This is consistent 
with the Department's historical position when actual consumer usage 
habits have not been known.4 However, the programmability of the 
automatic water fill capability presents some difficulties. First, the 
Department believes that the most energy intensive mode of the 
automatic fill capability should be tested because this option is 
available to the consumer through secondary programming. However, on 
the other hand, to only test the most energy intensive mode of 
automatic fill capability which is more energy intensive than the 
factory preset, does not appear to be entirely fair because the 
consumer may also choose to set the automatic water fill mode to a 
lower, or less energy intensive mode than the factory preset. 
Therefore, on an interim basis until additional comments and hopefully 
statistically significant data can be provided, the Department believes 
that averaging of the least energy intensive and most energy intensive 
modes for automatic water fill capability is the best method to use to 
determine the energy use in the automatic water fill mode. This result 
shall then be averaged with the test result from the primary manual 
water fill mode. The Department requests comments on this test method 
and submission of statistically significant consumer usage data, if 
available.
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     4  For example, the dishwasher test procedure uses a 50 
percent usage factor for unheated dry option. (42 FR 15423, March 
17, 1977).
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Test Loads/Usage Factors

    With regard to activating the automatic water fill capability, 
Whirlpool stated that GEA should use the test loads specified in the 
AHAM proposed test procedure. The AHAM proposed test procedure 
specifies larger test loads which more accurately reflects actual 
consumer usage habits and requires additional testing for ``average'' 
size loads. The Department does not agree with Whirlpool because 
presently one manufacturer, Asko, has been granted a Waiver (59 FR 
15719, April 4, 1994) for its clothes washers with automatic water fill 
capability that uses the existing test procedure test loads to activate 
the maximum and minimum fills and uses the existing test procedure 
usage fill factors. Imposing larger test loads on GEA and requiring 
additional testing would put GEA at a competitive disadvantage because 
its competitors are allowed to use the requirements of the existing 
test procedure. Therefore, the Interim Waiver granted to GEA today uses 
a 3 pound test load to activate the minimum fill test with the current 
0.28 usage fill factor, and a 7 pound test load to activate the maximum 
fill test with the current 0.72 usage fill factor. In addition, the 
Department has used the AHAM proposed rule language, where warranted. 
For example, the term ``adaptive water fill control system'' was used 
in lieu of ``automatic water fill capability.''

Warm Rinses

    Maytag and Speed Queen expressed concerns about the GEA machine 
possibly having warm rinses. Speed Queen indicated that although GEA 
stated that the normal cycle did not have a warm rinse, it was 
concerned about other cycles possibly having warm rinses. Speed Queen 
referenced the Department's rulemaking regarding normal cycle 
temperature selection lockouts (Energy Conservation Program for 
Consumer Products, Docket No. EE-RM-93-701) and indicated that if a 
warm rinse was available, then it should be handled similarly to that 
rulemaking. Maytag was concerned about possible additional hot water 
use for a warm rinse during an automatic water fill function. The 
Department has learned that GEA's clothes washer does have a warm rinse 
in the wool cycle. Presently, the test procedure does not allow for 
testing of temperature selections in non- normal cycles, so GEA is not 
required to test it. However, when the rulemaking for the normal cycle 
temperature selection lockout (Docket No. EE-RM-93-701) is finalized, 
it is likely that the requirements of that rule will require GEA and 
other manufacturers to test warm rinses in cycles other than the normal 
cycle.

Justification

(a) Economic Hardship
    GEA stated that it currently did not have a Monogram brand product 
in its home laundry line. GEA indicated that delay of the introduction 
of its clothes washer would also impact the introduction of its 
Monogram dryer.
    Asko, Whirlpool and White Consolidated all provided comments about 
the justification GEA provided to support its Application for Interim 
Waiver. In regard to economic hardship, they all basically provided 
comments that GEA did not demonstrate economic

[[Page 18128]]

hardship. GEA rebutted indicating that the requirements of 10 CFR, Part 
430, Sec. 430.27(g) state that an Interim Waiver be granted if the 
applicant will experience economic hardship, or if it appears likely 
that the waiver will be granted, or if the waiver is desirable for 
public policy reasons. GEA did not provide specific rebuttal relative 
to economic hardship.
    The Department agrees with Asko, Whirlpool and White Consolidated 
that GEA did not demonstrate economic hardship. The failure to sell a 
particular clothes washer and/or clothes dryer for a corporation the 
size of GEA would most likely not result in economic hardship. However, 
if this were to be considered further, GEA would have to provide 
specific data to justify that failure to sell its clothes washer would 
demonstrate economic hardship.
(b) Likely Approval of the Petition for Waiver
    GEA indicated that the Petition for Waiver was likely to be granted 
because the GEA proposed test procedure conforms, as much as possible, 
with the industry supported AHAM proposed test procedure. Asko 
disagreed with GEA's assertion that its petition conforms with the AHAM 
proposed test procedure. Asko believed that GEA should conduct field 
testing per the provisions of the proposed AHAM test procedure.
    The Department believes that it is likely that the Petition for 
Waiver (with possible modification) will be granted to GEA because its 
clothes washer has features that cannot be tested per the existing test 
procedure. Furthermore, if the features of the GEA clothes washer were 
not tested, then the test results of the GEA clothes washer may be 
materially unrepresentative of its true energy consumption. The 
availability of 34 wash temperature selections is different than 
traditional clothes washers, although the basic technology is not 
novel; an acceptable test procedure can be developed for it. The 
Department has addressed the technical issues, i.e., wash temperature 
selections, automatic water fill capability, test loads, and warm 
rinse, raised by commenters in the Interim Waiver being granted to GEA 
today.
    Also, the Department has previously granted a Waiver to another 
manufacturer (Asko, as indicated above) regarding automatic water fill 
capability. Thus, it is likely that the Petition for Waiver will be 
granted to GEA. Although the Department has concerns about the 
secondary programming mode for automatic water fill capability, the 
Department is requiring testing of the most and least energy intensive 
condition until data and/or additional comment is received.
    With regard to field testing, presently no requirement exists. 
However, the Department would support that effort, if it resulted in 
the gathering of statistically significant usage data for automatic 
water fill capability and the use of the secondary programming mode. 
The Department does acknowledge that if, in the future, a Waiver is 
granted to GEA, it could be changed significantly from today's Interim 
Waiver based on public comment or statistically significant consumer 
usage data, if submitted.
(c) Public Policy
    GEA indicated that its clothes washer was equipped with high spin 
speed, up to 1000 revolutions per minute (RPM), which results in 
significant energy savings in the dryer. GEA also indicated that its 
clothes washer has automatic water fill capability which is anticipated 
to save energy in a consumer's home.
    Asko stated that the GEA product is not revolutionary. Asko also 
stated that GEA's claim in its Petition is inconsistent with the GEA 
position presented publicly to DOE. (DOE hearing on July 12, 1995, for 
Docket No. EE-RM-94-230). Asko's concern is that GEA argued to DOE that 
remaining moisture content (RMC) should have no bearing on energy use 
or energy credits. Whirlpool believed GEA failed to provide a basis 
that its clothes washer will save energy. Furthermore, Whirlpool 
believed that until such time the test procedure and standards address 
reduced RMC, it should not be considered for granting the Petition.
    GEA provided rebuttal, and stated that although it ``argued that a 
clothes washer energy efficiency standard based on a mandatory RMC 
requirement is inappropriate, it has consistently supported the energy 
savings benefits of reduced RMC.'' (GEA rebuttal comment of November 9, 
1995, page 4). GEA also indicated that its clothes washer will achieve 
RMC levels of less than 40 percent which would result in approximately 
$20/year savings versus a clothes washer with 62 percent RMC.
    The Department believes that the GEA clothes washer offers 
technology that has the possibility of saving significant amounts of 
energy. The Administration is committed to promoting energy efficient 
technologies, such as, clothes washers with automatic water fill 
capability and high spin speed. The Department has estimated that a 
clothes washer with 40 percent RMC will save approximately $15/year for 
consumers (weighted between gas and electric dryers) or approximately 
40 percent of the cost to run their dryers versus a clothes washer with 
62 percent RMC.\5\ Although RMC provisions are not reflected in the 
current test procedure,\6\ the Department promotes energy efficiency 
improvements for consumer products. In addition, the GEA clothes washer 
is a vertical-axis clothes washer which has a RMC level below 40 
percent. The Department is not aware of any vertical-axis clothes 
washer with that low level of RMC. With regard to automatic water fill 
capability, the laundry industry has submitted shipment weighted 
average data to the Department indicating that the automatic water fill 
feature would save approximately 11 percent of the energy consumed in a 
clothes washer.\7\
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    \5\ See the Department's preliminary Engineering Analysis, 
comment 40 on Docket No. EE-RM-94-403. Also, 62 percent RMC 
represents the current industry shipment weighted average for 
clothes washers.
    \6\ The Department has proposed this, see Docket No. EE-RM-94-
230.
    \7\ See AHAM comment No. 38, Docket No. EE-RM-94-403.
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    Whirlpool expressed a concern that the GEA clothes washer may not 
meet the minimum energy conservation standard.\8\ GEA rebutted that if 
its clothes washer were tested per its submitted Application, then it 
would exceed the minimum energy conservation standard. GEA is required 
to certify with the Department that its clothes washer meets the 
standard before it distributes the machine in commerce.
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    \8\ The Department has imposed minimum energy conservation 
standards for consumer products (see 10 CFR, Part 430, Section 
430.32). The Department is also presently reviewing the clothes 
washers standards to determine if they need to be more stringent 
(see Docket No. EE-RM-94-403).
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    Therefore, based on the likely approval of the Petition for Waiver 
and for public policy reasons, the Department grants GEA an Interim 
Waiver from the DOE test procedures for its clothes washer model 
WZSE5310. GEA shall be permitted to test its clothes washer 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 through 1.21 in Appendix J to read as 
follows:
    1.19  ``Adaptive water fill control system'' refers to a clothes 
washer water fill control system which is capable of automatically 
adjusting the water fill level based on the size or weight of the test 
load placed in the clothes container, without allowing or requiring 
consumer intervention and/or actions.
    1.20  ``Manual water fill control system'' refers to a clothes 
washer water

[[Page 18129]]

fill control system which requires the consumer to determine or select 
the water fill level.
    1.21  ``Secondary programming mode'' means an auxiliary function 
used to adjust temperature, water level, rinse options or other 
characteristics of the machine. The user must not be able to access 
these adjustments from the normal operating mode of the machine, and 
access to the secondary mode must not be necessary to operate the 
machine.
    (ii) Section 2.8 through 2.8.2.2 in Appendix J shall be deleted and 
replaced with the following:
    2.8  Use of test loads.
    2.8.1  Top-loader-vertical-axis clothes. The top-loader clothes 
washer shall be tested without a test load, except for clothes washers 
equipped with an adaptive water fill control system. Clothes washers 
equipped with an adaptive water fill control system shall use a test 
load per section 2.8.2.
    2.8.2  Front-loader and top-loader-vertical-axis with an adaptive 
water fill control system, clothes washers.
    2.8.2.1  Standard size clothes washer. When the maximum water fill 
level is being tested, the test load shall be seven pounds as described 
in section 2.7.1. When the minimum water fill level is being tested, 
the test load shall be three pounds as described in section 2.7.2.
    2.8.2.2  Compact size clothes washer. When either the maximum or 
minimum water fill levels are being tested, the test load shall be as 
described in section 2.7.2.
    (iii) Section 3.2 in Appendix J shall be deleted and replaced with 
the following:
    3.2  Test cycle. Establish the test conditions set forth in 2 of 
this Appendix. For clothes washers with both an adaptive water fill 
control system and a manual water fill control system, test both the 
manual and adaptive modes. Additionally, for clothes washers equipped 
with more than one adaptive water fill control selection, including 
clothes washers with secondary programming modes, test the selection 
that will result in the maximum energy consumption and the selection 
that will result in the minimum energy consumption.
    (iv) Section 3.2.2.2 in Appendix J shall be deleted and replaced 
with the following:
    3.2.2.2  For automatic clothes washers, set the wash/rinse 
temperature selector to the hottest setting available (hot/warm), 
including a secondary programming mode.
    (v) Section 3.2.2.6 in Appendix J shall be deleted and replaced 
with the following:
    3.2.2.6  For automatic clothes washers repeat sections 3.2.2.3, 
3.2.2.4, and 3.2.2.5 for each of the other wash/rinse temperature 
selections available that use hot water, including a secondary 
programming mode. For clothes washers with multiple warm wash 
temperature selections, test only the median warm wash setting at the 
hottest temperature available. For clothes washers that have a cold 
wash which uses hot water, test using the hottest temperature 
available.
    (vi) Section 4.1 in Appendix J shall be deleted and replaced with 
the following:
    4.1  Per-cycle temperature-weighted hot water consumption for 
maximum and minimum water fill levels. For the manual water fill and 
the adaptive water fill (the maximum energy consumption adaptive water 
fill and the minimum energy consumption adaptive water fill, if 
needed), calculate for the cycle under test the per-cycle temperature 
weighted hot water consumption for the maximum water fill level, 
Vmax, and for the minimum water fill level, Vmin, expressed 
in gallons per cycle and defined as:
[GRAPHIC] [TIFF OMITTED] TN24AP96.000

where:
Vi=reported hot water consumption in gallons per cycle at maximum 
fill for each wash/rinse TUF combination setting, as provided in 
section 3.2.2.
TUFi=applicable temperature use factor in section 5 or 6.
n=number of wash/rinse TUF combination setting available to the user 
for the clothes washer under test.
TUFw=temperature use factor for warm wash setting.

    For clothes washers equipped with the suds-saver feature:

X1=frequency of use without the suds-saver feature=0.86.
X2=frequency of use with the suds-saver feature=0.14.
ShH=fresh make-up water measured during suds-return cycle at 
maximum water fill level.

    For clothes washers not equipped with the suds-saver feature:

    X1=1.0
    X2=0.0
    and
    [GRAPHIC] [TIFF OMITTED] TN24AP96.001
    
    [GRAPHIC] [TIFF OMITTED] TN24AP96.002
    
where:
Vj=reported hot water consumption in gallons per cycle at minimum 
fill for each wash/rinse TUF combination setting, as provided in 
section 3.3.3.
TUFj=applicable temperature use factor in section 5 or 6.

[[Page 18130]]

ShL=fresh hot make-up water measured during suds-return cycle at 
minimum water fill level.
n=as defined above.
TUFw=as defined above.
X1=as defined above.
X2=as defined above.

    For clothes washers that have more than one adaptive water fill 
control selection, the (Vmax) adaptive (s) and (Vmin) 
adaptive (s) calculated for the maximum and the minimum energy 
consumption tests shall be averaged respectively, to report a single 
(Vmax) adaptive and (Vmin) adaptive to be used in 
4.2 for additional calculations.
    (vii) Section 4.2 in Appendix J shall be deleted and replaced with 
the following:
    4.2  Total per-cycle hot water energy consumption for maximum and 
minimum water fill levels. Calculate the total per-cycle hot water 
energy consumption for the maximum water fill level, Emax, and for 
the minimum water level, Emin, for both the manual and adaptive 
fills, expressed in kilowatt-hours per cycle, as follows:
[GRAPHIC] [TIFF OMITTED] TN24AP96.003

where,
MF=Multiplying factor to account for the absence of a test load=0.94 
for top-loader clothes washers that are sensor filled, 1.0 for top 
loader clothes washers that are time-filled, 1.0 for all front-loader 
clothes washers, and 1.0 for adaptive fill tests.
T=Temperature rise=90 deg.F.
K=Water specific heat in kilowatt-hours per gallon degree F=0.0024.
(Vmax) manual , (Vmax) adaptive=As defined in 
section 4.1.
[GRAPHIC] [TIFF OMITTED] TN24AP96.004

and
where,
MF=As defined above.
T=As defined above.
K=As defined above.
(Vmin) manual , (Vmin) adaptive=As defined in 
section 4.1.

    (viii) Section 4.4 in Appendix J shall be deleted and replaced with 
the following:

    4.4  Per-cycle machine electrical energy consumption. The values 
recorded in section 3.3.1 are the per-cycle machine electrical energy 
consumptions; ME manual, for a manual water fill control system; 
ME adaptive, for an adaptive water fill control system; expressed 
in kilowatt-hours per cycle. The following equation shall be used to 
calculate the per-cycle machine electrical energy consumption, ME, 
expressed in kilowatt-hours per cycle:
[GRAPHIC] [TIFF OMITTED] TN24AP96.005

    For clothes washers that have more than one adaptive water fill 
control selection, the ME adaptive (s) reported for the maximum 
and the minimum energy consumption tests shall be averaged to report a 
single ME adaptive for the above equation.
    This Interim Waiver is based upon the presumed validity of 
statements and all allegations submitted by GEA 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.
    Pursuant to paragraph (b) of Title 10 CFR 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 April 4, 1996.
Christine A. Ervin,
Assistant Secretary, Energy Efficiency and Renewable Energy.
October 9, 1995.
Assistant Secretary,
    Conservation and Renewable Energy, United States Department of 
Energy, Forrestal Building, 1000 Independence Avenue SW., 
Washington, DC 20585

RE: Application for Interim Waiver and Petition for Waiver, Appendix 
J, Subpart B CFR part 430, Test Method for Clothes Washers with no 
Applicable Temperature Usage Factor
    Dear Assistant Secretary: This Application for Interim Waiver 
and Petition for Waiver is submitted pursuant to 10 CFR 430.27, 
which provides for a modification of the required test method 
because of design characteristics preventing testing or producing 
data unrepresentative of a covered product's true energy consumption 
characteristics.
    GE Appliances (GEA) is sourcing its top of the line, Monogram 
Brand, washer from Fisher & Paykel Industries Limited, New Zealand. 
The model number is WZSE5310. This product has innovative design 
characteristics which prevent testing it in strict accordance to the 
existing Appendix J test method. These design characteristics are:

--Five temperature selections in the primary wash mode including 
hot, warm-hot, warm, warm-cold and cold wash--all with a cold rinse. 
This product does not have water heating capability and achieves the 
five temperatures by adjustment of the hot/cold mix ratio. A warm 
rinse option is not available in the normal cycle.
--A secondary programming mode which the consumer can access to 
adjust the factory preset temperatures of the five settings in the 
primary wash mode. In all, the consumer has a choice of 34 wash 
temperatures.

[[Page 18131]]



                                    <-----(Colder) Secondary Programming Mode (Hotter)--> Adjustment Temperatures (F)                                   
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                        Factory                                         
                                                                                                         Preset                                         
               Wash temp. setting                                                                       (except                                         
                                                                                                          cold                                          
                                                                                                        setting)                                        
--------------------------------------------------------------------------------------------------------------------------------------------------------
Hot.............................................          112          114          116          118          120          122          124          126
Warm-hot........................................           97           99          101          103          105          107          109          111
Warm............................................           87           89           91           93           95           97           99          101
Warm-cold.......................................           77           79           81           83           85           87           89           91
Cold:                                                                                                                                                   
    Cold water only*............................                        54           56           58           60           62           64           66
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Factory Preset for COLD setting.                                                                                                                      

    This request for waiver is submitted because (1) The combination 
of five pre-set temperature selections--all with a cold water 
rinse--are incompatible with any of the TUF tables in Section 4 of 
the regulations; and (2) the requirement of section 3.2.2.6 that we 
test all temperature selections that use hot water is unduly 
burdensome. Instead, we propose modified regulations that will allow 
for a conservative testing protocol appropriate to this product that 
is also in accordance with the negotiated AHAM proposed rule.
    GEA proposes an Interim Waiver and Waiver to allow testing of 
the machine per Appendix J with the following modifications:
    Add the following definition to the test procedure:

    1.19  ``Secondary programming mode'' means an auxiliary function 
used to adjust temperature, water level, rinse options or other 
characteristics of the machine. The user must not be able to access 
these adjustments from the normal operating mode of the machine, and 
access to the secondary mode must not be necessary to operate the 
machine.
    Change section 3.2.2.6 of the test procedure as follows:
    3.2.2.6  For automatic clothes washers repeat 3.2.2.3, 3.2.2.4, 
and 3.2.2.5 for each of the other wash/rinse temperature selections 
available that use hot water except: 1) if wash temperature 
selections are uniformly distributed, by temperature, between ``hot 
wash'' and ``cold wash'', the reportable values to be used for the 
warm water wash setting shall be the arithmetic average of hot and 
cold selections measurements of 2) if wash temperature selections 
are non-uniformly distributed, by temperature, between ``hot wash'' 
and ``cold wash'', test all intermediate wash temperature selections 
and average the results to obtain the reportable warm wash values. 
For semi-automatic clothes washers. . .
    For model WZSE5310 this would mean using Alternate II from the 
three temperature selection TUF table, section 5.3 of Appendix J 
Hot/Cold, Warm/Cold, Cold/Cold, and using the average of the three 
warm settings on the machine for Warm/Cold. This also conforms with 
the new test procedure proposed by AHAM section 3.5.1. (The warm 
setting is the default wash temperature for all cycles.)
    Change section 3.5 of the test procedure as follows:
    3.5.2.1  If the wash temperature offered in the normal operating 
mode of the machine can be further adjusted in a secondary 
programming mode, the higher of the factory preset temperature or 
the mean of the adjustable range shall be used for testing.
    For model WZSE5310 this means using the factory preset 
temperatures for the Hot and Warm settings and 60F for the Cold 
setting for testing.
    The table above shows the possible temperature settings for the 
machine (approximate bath water temperatures). To achieve the 
temperatures to the right and left of the factory preset 
temperatures on the table, the user must read the owners' guide to 
learn how to enter a secondary programming mode and make a special 
effort to enter this mode and change the temperatures. We feel 
strongly that this secondary programming mode will be used very 
infrequently because an Australia consumer survey of 202 users 
showed that only about 6% of those consumers ever entered this mode 
to adjust temperatures. There is no U.S. consumer data showing how 
many consumers will enter the secondary programming mode and the 
frequency that the consumers will adjust the temperatures. Lacking 
this data, it is logical to assume that if consumers make the effort 
to enter the secondary mode, it is equally or more likely that the 
consumer will adjust the temperature down, saving energy, as it is 
that the consumer will raise the temperature. This is especially 
true since there are 4 downward adjustments and only 3 upward 
adjustments possible. The owners' guide will also inform the 
consumer that adjusting the temperature downward will save energy. 
Thus, we believe that the most representative wash temperatures are 
the factory preset temperatures.
    GEA requests immediate relief by grant of the proposed Interim 
Waiver, justified by the following reasons:
    Economic Hardship--GEA currently has no Monogram brand product 
in its home laundry product line. Delay of introduction of the this 
product will not allow GE to complete its product line. Since a 
Monogram dryer will be introduced with this product, its 
introduction would also be delayed.
    Likely Approval of Waiver--The Petition for Waiver is likely to 
be granted because the test procedure proposed conforms as much as 
possible with the new test procedure supported by AHAM. This new 
AHAM test procedure is likely to be adopted.
    Public Policy Merits-GE's Monogram washers are designed to 
efficiently extract more water from wet clothes by a high speed spin 
cycle, up to 1000 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 total energy 
savings. GE's new washer is also factory preset to an auto water 
fill level. The machine senses the clothes load and uses only the 
amount of water necessary to clean the clothes. Because a manual 
High/Medium/Low water fill level is also available, we will test the 
machine using the manual water levels per the test procedure. 
However, the auto water fill feature is expected to show actual 
energy savings for the consumer.

    Thank you for considering this petition.
Lee Bishop,
Senior Counsel Product Safety/Regulatory.
Jane Ransdell,
Energy Standards Engineer.
[FR Doc. 96-9950 Filed 4-23-96; 8:45 am]
BILLING CODE 6450-01-P