[Federal Register Volume 61, Number 174 (Friday, September 6, 1996)]
[Notices]
[Pages 47115-47117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22754]


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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. CW-005]


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 GEA's clothes washer models YLXR1020T, WLXR1020T 
and VLXR1020T.
    GEA seeks a waiver because its clothes washer models YLXR1020T, 
WLXR1020T and VLXR1020T have only two temperature selections, a 
configuration which is not covered in the existing DOE clothes washer 
test procedure. GEA seeks to test the wash temperature selections by 
modifying the existing test procedure Temperature Use Factors (TUF's) 
for a three temperature machine (hot/cold, warm/cold and cold/cold).

DATES: DOE will accept comments, data, and information not later than 
October 7, 1996.

ADDRESSES: Written comments and statements shall be sent to: Department 
of Energy, Office of Energy Efficiency and Renewable Energy, Case No. 
CW-005, Mail Stop EE-43, 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 procedures 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 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

[[Page 47116]]

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 December 19, 1995, GEA filed a Petition for Waiver and an 
Application for Interim Waiver regarding its clothes washer models 
YLXR1020T, WLXR1020T and VLXR1020T. On February 8, 1996, GEA withdrew 
its Application for Interim Waiver and Petition for Waiver. On March 
26, 1996, GEA resubmitted its Application for Interim Waiver and 
Petition for Waiver for the same model numbers. The GEA clothes washers 
have only two temperature selections (warm/cold and cold/cold). 
However, the DOE clothes washer test procedure does not have a 
provision to test a clothes washer with only two temperature 
selections.
    GEA proposed a test method for its clothes washers which would 
modify the existing test procedure TUF's 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. GEA's proposal 
would combine the existing TUF's (proration values) for hot/cold (30 
percent) and warm/cold (55 percent) for its warm/cold temperature 
selection. Furthermore, GEA's proposal would maintain the existing test 
procedure TUF for a cold/cold temperature selection (15 percent) for 
its machines. The existing test procedure TUF's are based on old 
(1970's) consumer usage habits. GEA believes that the TUF's for its two 
temperature machines should be consistent with the existing test 
procedure. Thus, the GEA clothes washers would be tested with TUF 
values of 85 percent for warm/cold and 15 percent for cold/cold.

Discussion of Comments

    The Whirlpool Corporation (Whirlpool) provided comments relative to 
the GEA Interim Waiver Application and Petition for Waiver. Whirlpool 
stated that it supported the GEA request and indicated that both the 
Interim Waiver and Petition for Waiver should be granted.
    The Speed Queen Company (Speed Queen) also commented on the GEA 
Interim Waiver Application and Petition for Waiver. Speed Queen stated 
that it supported the GEA proposed test methodology.
    GEA provided justification for an Interim Waiver based on the 
likely approval of the Petition for Waiver. GEA stated that the 
Petition for Waiver is likely to be granted because the test procedure 
proposed is very conservative, and to the best of its knowledge is the 
current practice in the industry.
    The Department agrees with GEA that the Petition for Waiver is 
likely to be granted. The GEA clothes washer should be tested on the 
same basis as other models on the market. The waiver should use TUF's 
that are consistent with the old consumer usage habits rather than 
reflecting current consumer habits. The test procedure has TUF's for 
three, four, five and six temperature machines which are used to 
prorate energy consumption among the various temperature selections. 
The current clothes washer test procedure specifies a TUF value of 15 
percent for a cold wash/cold rinse temperature selection. This is 
consistent for all of the various multiple temperature selection 
clothes washers. Therefore, any remaining heated temperature selection 
should be tested with a TUF value of 85 percent. Furthermore, the 
Department has received comment supporting this test methodology.
    Therefore, based on the likely approval of the Petition for Waiver, 
the Department grants GEA an Interim Waiver from the DOE test 
procedures for GEA's clothes washer models YLXR1020T, WLXR1020T and 
VLXR1020T. GEA shall be permitted to test its clothes washers on the 
basis of the test procedures specified in Title 10 CFR Part 430, 
Subpart B, Appendix J, with the following modifications:
    (i) Add new section, 5.4 in Appendix J to read as follows:

5.4  Two temperature
selection (n=2)

------------------------------------------------------------------------
                                                         Temperature use
            Wash/rinse temperature setting                factor (TUF)  
------------------------------------------------------------------------
Heated/cold...........................................             0.85 
Cold/cold.............................................             0.15 
------------------------------------------------------------------------

    This Interim Waiver is based upon the presumed validity of 
statements and all allegations submitted by GEA. This Interim Waiver 
may be revoked or modified at any time upon a determination that the 
factual basis underlying the Application is incorrect.
    This Interim Waiver is effective on the date of issuance by the 
Assistant Secretary for the Office of Energy Efficiency and Renewable 
Energy. This 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, August 29, 1996.
Robert L. SanMartin,
Director of Scientific Initiatives, Energy Efficiency and Renewable 
Energy.
March 26, 1996.
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 Two 
Temperatures.

    Dear Assistant Secretary:
    This Application for Interim Waiver and Petition for Waiver is 
submitted pursuant to Title 10 CFR 430.27, which provides for 
modification of 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 introducing a new model with two 
temperature selections. The model numbers are YLXR1020T, WLXR1020T, 
and VLXR1020T. The existing Appendix J test method does not provide 
a Temperature Usage Factor for a two temperature machine.
    Other manufacturers who incorporate similar designs are 
Whirlpool (model #LBR2121D) and Frigidaire/White Westinghouse 
(models #MWX121RB/#MWL111RBW). There is also a Kenmore model #15122 
with two temperature settings.
    GEA requests an Interim Waiver and Waiver to allow testing of 
the machine per Appendix J with the following modifications:

Add Section 5.4  Two temperature selection (n=2).

------------------------------------------------------------------------
                 Wash/rinse temperature setting                     TUF 
------------------------------------------------------------------------
Warm/cold.......................................................     .85
Cold/cold.......................................................     .15
------------------------------------------------------------------------

    The reasons why these TUF's are suggested are:
    (1) The three temperature TUF is Hot/cold .30, Warm/cold .55, 
and Cold/cold .15. Adding the Hot/cold and Warm/cold TUF's together 
yields .85. One might assume, conservatively, that if only Warm were 
available, it would be used 85% of the time.
    (2) The test procedures for Canada prescribe the TUF's above.
    (3) The AHAM proposed test procedure, based on 1994 data, is 
less conservative. It uses TUF's of .64 for Warm/cold and .36 for 
Cold/cold.
    GEA requests immediate relief by grant of the proposed Interim 
Waiver, justified by the following reason:
    Likely Approval of Waiver--The Petition for Waiver is likely to 
be granted because the

[[Page 47117]]

test procedure proposed is very conservative, even more so than the 
new test procedure supported by AHAM, and to the best of our 
knowledge is the current practice in the industry. Thank you for 
considering this petition.
Jane Ransdell,
Energy Standards Engineer.

cc: Earl Jones
[FR Doc. 96-22754 Filed 9-5-96; 8:45 am]
BILLING CODE 6450-01-P