[Federal Register Volume 61, Number 220 (Wednesday, November 13, 1996)]
[Notices]
[Pages 58175-58176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-29006]


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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 an 
Extension for an Interim Waiver to General Electric Appliances From the 
DOE Clothes Washer Test Procedure (Case No. CW-004)

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

ACTION: Notice.

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SUMMARY: Today's notice grants an extension of the Interim Waiver 
previously granted to General Electric Appliances (GEA). Interim Waiver 
CW-004 was granted to GEA on April 4, 1996, and published in the 
Federal Register on April 24, 1996, for its clothes washer with non-
traditional wash temperature selections and automatic water fill 
capability. The Department has not yet issued a Decision and Order and 
is extending the Interim Waiver by 180 days.

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 U.S.C. 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 through which 
manufacturers can establish compliance and 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 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 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 of this model 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. Current test procedures do not contain provisions for 
testing clothes washers with these features. On April 4, 1996, in 
accordance with 10 CFR Part 430, Section 430.27(g), the Department 
granted GEA an Interim Waiver on the grounds that it is ``likely that 
the Petition for Waiver will be granted'' and for ``public policy 
reasons.'' On April 24, 1996, both the Interim Waiver and Petition for 
Waiver were published in the Federal Register. 61 FR 18125. The Interim 
Waiver was granted for 180 days.
    Currently, the Department is considering adoption of revisions to 
the clothes washer test procedure found at 10 CFR Part 430, Subpart B, 
Appendix J, which may resolve some or all of the issues addressed in 
the Interim Waiver granted to GEA. Therefore, a decision regarding the 
Petition for Waiver for the GEA clothes washer is being delayed. 
Accordingly, in accordance with 10 CFR Part 430, Section 430.27 (h), 
the Department is granting GEA an extension to the Interim Waiver.
    The Interim Waiver is based upon the presumed validity of all 
statements and assertions submitted by GEA. The Interim Waiver may be 
revoked or modified at any time upon a

[[Page 58176]]

determination that the factual basis underlying the Application is 
incorrect.
    The Interim Waiver shall remain in effect until March 29, 1997, or 
until the Department acts on the Petition for Waiver, whichever is 
sooner.

    Issued in Washington, DC, November 6, 1996.
Christine A. Ervin,
Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 96-29006 Filed 11-12-96; 8:45 am]
BILLING CODE 6450-01-P