[Federal Register Volume 62, Number 166 (Wednesday, August 27, 1997)]
[Rules and Regulations]
[Pages 45484-45514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22682]


      

[[Page 45483]]

_______________________________________________________________________

Part II





Department of Energy





_______________________________________________________________________



Office of Energy Efficiency and Renewable Energy



_______________________________________________________________________



10 CFR Part 430



Energy Conservation Program for Consumer Products: Test Procedure for 
Clothes Washers and Reporting Requirements for Clothes Washers, Clothes 
Dryers, and Dishwashers; Final Rule

  Federal Register / Vol. 62, No. 166 / Wednesday, August 27, 1997 / 
Rules and Regulations  

[[Page 45484]]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

10 CFR Part 430

[Docket No. EE-RM-94-230A]
RIN 1904-AA68


Energy Conservation Program for Consumer Products: Test Procedure 
for Clothes Washers and Reporting Requirements for Clothes Washers, 
Clothes Dryers, and Dishwashers

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

ACTION: Final rule.

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SUMMARY: This rule amends the Department of Energy clothes washer test 
procedure to test for compliance with the existing energy conservation 
standard. It also establishes a new clothes washer test procedure which 
will be used to analyze, and will apply to, anticipated revisions to 
the existing clothes washer energy conservation standards. This rule 
also modifies reporting requirements for clothes washers, clothes 
dryers, and dishwashers, requiring manufacturers and private labelers 
to submit energy factor data on their certification reports to the 
Department.

DATES: This rule is effective February 23, 1998.

ADDRESSES: Copies of the transcripts of the public hearings and the 
public comments received on any of the proposed rules, may be read and 
photocopied at the Department of Energy Freedom of Information Reading 
Room, U.S. Department of Energy, Forrestal Building, Room 1E-190, 1000 
Independence Avenue, SW, Washington, DC 20585, (202) 586-6020 between 
the hours of 9:00 a.m. and 4:00 p.m., Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Bryan Berringer and P. Marc LaFrance, U.S. Department of Energy, Energy 
Efficiency and Renewable Energy, Mail Station EE-43, Forrestal 
Building, 1000 Independence Avenue, SW, Washington, DC 20585-0121, 
(202) 586-0371.
Edward Levy, 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:

I. Introduction
II. Background
III. Discussion
    A. Clothes Washer Test Procedures--Issues Related to Both 
Appendices J and J1
    1. Adaptive Water Fill Control System
    2. Electrical Supply Requirements
    3. Field Testing
    4. Remaining Moisture Content
    a. Energy Required to Remove Moisture from the Test Load
    b. Spin Speed and Spin Time
    c. Test Load Size for RMC
    5. Thermostatically Controlled Water Valves
    6. Water Consumption Factor
    B. Clothes Washer Test Procedures--Issues Related to Appendix J
    1. Agitator and Spin Speed Settings
    2. Capacity Measurement
    3. Modified Energy Factor Definition
    4. Other Issues
    5. Temperature Measuring (Sensing) Device
    6. Temperature Selections
    a. Multiple Warm Wash Temperatures
    b. Temperature Selection(s) Locked Out of the Normal Cycle
    7. Water-Heating Clothes Washers
    8. Weighing Scales for Test Cloth and Clothes Container
    C. Clothes Washer Test Procedures--Issues Related to Appendix J1
    1. Capacity Measurement
    2. Consumer Selectable Options for the Energy Test Cycle
    3. Energy Test Cloth
    4. Energy Test Cycle Definition
    5. Other Issues
    6. Supply Water Temperature
    7. Test Load Tolerances
    8. Warm Wash Temperature Selections
    9. Warm Rinse
    D. Related Issues, Revision to 10 CFR 430.23, ``Test procedures 
for measures of energy consumption.''
    E. Reporting Requirements, Revision to 10 CFR 430.62, 
``Submission of data.''
    F. Effective Date
IV. Determination Concerning the Impact of the Amended Test 
Procedures on Standards
V. Procedural Requirements
    A. Environmental Review
    B. Regulatory Planning and Review
    C. Federalism Review
    D. ``Takings'' Assessment Review
    E. Paperwork Reduction Act Review
    F. Unfunded Mandates Act.
    G. Review Under the Regulatory Flexibility Act of 1980
    H. Review Under Executive Order 12988, ``Civil Justice Reform''
    I. Review Under Small Business Regulatory Enforcement Fairness 
Act of 1996

I. Introduction

    Part B of Title III of the Energy Policy and Conservation Act as 
amended (EPCA), establishes the Energy Conservation Program for 
Consumer Products Other Than Automobiles (Program).1 The 
products currently subject to this Program (often referred to 
hereinafter as ``covered products'') include clothes washers, clothes 
dryers and dishwashers, the subjects of today's notice.
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    \1\ Part B of Title III of EPCA, as amended, is referred to in 
this final rule as the ``Act'' and provisions of the Act are 
referred to either as ``Section__of the Act.'' Part B of Title III 
is codified at 42 U.S.C. 6291-6309.
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    Under the Act, the Program consists essentially of three parts: 
testing, labeling, and the Federal energy conservation standards. The 
Department, in consultation with the National Institute of Standards 
and Technology (NIST, formerly the National Bureau of Standards), is 
required to establish new test procedures or amend existing test 
procedures, as appropriate, for each of the covered products. EPCA, 
section 323. The purposes of the test procedures are to provide uniform 
methods that generally must be used as the basis for any 
representations concerning the energy consumption of a product, and for 
determining whether the product complies with the applicable energy 
conservation standard. See EPCA, sections 323(c), 324(c), and 325(s). 
Test procedures appear at 10 Code of Federal Regulation (CFR) part 430, 
Subpart B.
    A test procedure promulgated under section 323 of the Act must be 
reasonably designed to produce test results which measure energy 
efficiency, energy use, water use (in the case of shower heads, 
faucets, water closets and urinals), or estimated annual operating cost 
of a covered product during a representative average use cycle or 
period of use, and must not be unduly burdensome to conduct. EPCA, 
section 323(b)(3). A test procedure is not required if DOE determines 
by rule that one cannot be developed. EPCA, section 323(d)(1). One 
hundred and eighty days after a test procedure for a product is 
adopted, no manufacturer may make representations with respect to 
energy use, efficiency or water use of such product, or the cost of 
energy consumed by such product, except as reflected in tests conducted 
according to the DOE procedure. EPCA, section 323(c)(2). This 180-day 
period may be extended for up to an additional 180 days if the 
Secretary determines that the requirements of section 323(c)(2) would 
impose undue burden. EPCA, section 323(c)(3).
    Section 323(e) of the Act requires DOE to determine to what extent, 
if any, a proposed test procedure would alter the measured energy 
efficiency, measured energy use or measured water use of any covered 
product as

[[Page 45485]]

determined under the existing test procedure. If DOE determines that an 
amended test procedure would alter the measured efficiency or measured 
use of a covered product, DOE is required to amend the applicable 
energy conservation standard accordingly. EPCA, section 323(e)(2).

II. Background

    Today's final rule reflects the Department's consideration of 
several proposed rules issued since December 1993 concerning DOE 
clothes washer test procedures, and of the public comment and testimony 
received in response to those proposals. The Department's action 
consolidates the issues pertaining to these proposals and reflects the 
most recent data submitted by clothes washer manufacturers.
    The initial proposal, published on December 22, 1993, proposed to 
amend the clothes washer test procedure to address temperature 
selections that are locked out of the normal cycle (formerly Docket 
Number EE-RM-93-701). 58 FR 67710 (December 22, 1993) (hereinafter 
referred to as the December 1993 proposed rule). A public hearing was 
held on February 24, 1994.
    The Department proposed the following approach for a clothes washer 
equipped with this feature: for each temperature combination in the 
normal cycle from which a temperature selection is locked out, hot 
water consumption would be prorated between the temperature combination 
in that cycle and the corresponding temperature combination in the 
cycle with the greatest hot water consumption. The unknown factor in 
the calculation was the frequency with which users would choose the 
normal versus other cycles for a particular temperature combination 
selection, i.e., the proration value. As stated in the December 1993 
proposed rule, clothes washers equipped with a temperature selection 
``lockout'' design feature had not been available previously in the 
marketplace. Therefore, no data regarding the effect of this feature on 
consumer cycle selection were available. The Department proposed a 
proration value representative of normal cycle use for all clothes 
washers (normal cycle would be selected 75 percent of the time). Many 
of the commenters objected to the proposed value.
    Following review of the comments, on May 24, 1995, the Department 
revised the proposal, specifically requesting usage data for clothes 
washers with ``lockouts,'' and, absent receipt of valid usage data, 
proposing to reduce the proration value (normal cycle would be used 20 
percent). 60 FR 27441 (May 24, 1995) (hereinafter referred to as the 
May 1995 proposed rule). The Department received data from the 
Whirlpool Corporation (Whirlpool), and comments from White Consolidated 
Industries Inc. (White Consolidated), Maytag Corporation (Maytag), and 
Whirlpool.
    On March 23, 1995, the Department published another proposed rule 
to amend the clothes washer test procedure (former Docket Number EE-RM-
94-230). 60 FR 15330 (hereinafter referred to as the March 1995 
proposed rule). This proposal addressed: innovative technologies (high 
spin speed and adaptive (automatic) water fill control); water heating 
clothes washers; annual number of clothes washer cycles; and other 
general revisions.
    The March 1995 proposed rule also proposed the reporting of energy 
factor data on manufacturer certification reports for clothes washers, 
clothes dryers and dishwashers. On July 12, 1995, a hearing on the 
proposed rule was held in Washington, DC. The Department received 
comments from 10 interested parties: the Association of Home Appliance 
Manufacturers (AHAM), General Electric Appliances (GEA), Eugene Water 
and Electric Board (EWEB), Miele Appliance Inc. (Miele), Proctor and 
Gamble (P&G), Maytag, Speed Queen Company (Speed Queen), Clorox Company 
(Clorox), American Council for an Energy Efficient Economy (ACEEE), and 
Whirlpool.
    The Department believes that the existing test procedure, Appendix 
J, overstates the average annual energy consumption for clothes washers 
because of changes in consumer habits since the current test procedure 
was adopted.2 The Department had planned on initiating a 
subsequent clothes washer test procedure rulemaking, at a later date, 
which would take into account current consumer habits, and would be 
used as the basis for considering revision of the clothes washer energy 
conservation standards.3
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    \2\ Proctor & Gamble data indicates a decrease in the use of hot 
water.
    \3\ The second round of clothes washer standards rulemaking was 
initiated by the publication of an Advance Notice of Proposed 
Rulemaking (ANOPR). (59 FR 56423, November 14, 1994.) The Department 
has initiated the process for issuing a Supplemental ANOPR, having 
conducted an initial workshop in November 1996, with another 
workshop scheduled for July 23, 1997.
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    In its comments on the March 1995 proposed rule, however, AHAM 
included and requested that DOE adopt an additional new test procedure, 
based on current consumer habits, which would be used in considering 
revision of the clothes washer energy conservation standards, and would 
take effect when new standards take effect. On April 22, 1996, the 
Department proposed such a new clothes washer test procedure, Appendix 
J1, as well as certain additional revisions to the currently applicable 
test procedure in Appendix J to Subpart B of 10 CFR part 430. 61 FR 
17589 (hereinafter referred to as the supplemental proposed rule). 
Appendix J1 would be codified in the CFR for informational purposes, 
would be used in the analysis and review of revised efficiency 
standards, and would replace Appendix J upon the effective date of such 
revised standards. The revised Appendix J would be a revision of the 
current test procedure, consistent with the existing standards, and 
would become effective 180 days after issuance of the final rule.
    In response to the supplemental proposed rule, the Department 
received comments from 11 interested parties: The Consortium for Energy 
Efficiency (CEE), National Resources Defense Council (NRDC), Miele, 
Frigidaire Company (Frigidaire), Lever Brothers Company (Lever), AHAM, 
Maytag, Raytheon Appliances (Raytheon), Whirlpool, Fisher and Paykel 
Limited (Fisher and Paykel), and White Consolidated.
    Since publication of the March 1995 proposed rule, several new 
issues emerged that were neither covered by the existing clothes washer 
test procedure contained in Appendix J nor addressed in the 
supplemental proposed rule. These issues arose in the context of 
interim waivers from the clothes washer test procedure, granted by DOE 
with respect to clothes washer features not covered by the current test 
procedure. Specifically, the Department granted GEA Interim Waivers for 
its clothes washers with unique adaptive water fill control and 
temperature selection features. 61 FR 18129 (April 6, 1996) and 61 FR 
47115 (September 6, 1996).
    Therefore, on November 8, 1996, the Department issued a notice to 
reopen the comment period to invite comment on options the Department 
was considering to address issues raised by these waiver applications. 
61 FR 57794 (hereinafter referred to as the reopening notice rule). In 
response to the reopening notice, DOE received two comments, from 
Fisher and Paykel, and AHAM.

[[Page 45486]]

III. Discussion

A. Clothes Washer Test Procedures--Issues Related to Both Appendices J 
and J1

1. Adaptive Water Fill Control System
    An adaptive water fill control system (AWFCS) in a clothes washer 
is a control scheme which determines automatically, without operator 
intervention, the amount of water used to wash a particular load of 
clothing, based on the size or weight of that clothing load. The 
existing test procedure provides only for testing machines with manual 
fill controls. In the March 1995 proposed rule, the Department proposed 
to amend Appendix J to include test provisions for a clothes washer 
that had an AWFCS 4 instead of manual controls. In the 
reopening notice, the Department also proposed to include test 
provisions for clothes washers that had both adaptive and manual water 
fill control capability, as well as test provisions for clothes washers 
with multiple AWFCS settings.
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    \4\ In the March 1995 proposed rule, the terminology used for 
this feature was ``machine-controlled water fill,'' although the 
Department is adopting language used in the supplemental proposed 
rule, ``adaptive water fill control system.''
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    In the supplemental proposed rule, the Department proposed 
provisions for clothes washers with AWFCS features. Appendix J1 
requires testing with maximum, average, and minimum size test loads, 
whereas the proposed Appendix J requires testing with only maximum and 
minimum size test loads. Appendices J and J1 specify different load 
usage factors (used to prorate energy results from various tests) for 
the different size loads. In addition, Appendix J1 has a new test load 
table with variable size loads based on clothes washer capacity, which 
are generally larger than the Appendix J fixed size test loads.
AWFCS Provisions for Appendix J
    In response to the March 1995 proposed rule, Speed Queen commented 
that it supports the Department's proposal and rejects the adoption of 
AHAM's future AWFCS provisions (subsequently proposed for Appendix J1) 
for Appendix J. (Speed Queen, No. 29 at 3, Docket 230).5 GEA 
cautioned the Department not to adopt any AWFCS provisions for Appendix 
J because ``adverse competitive impact is simply too great if notice 
through the waiver procedure is not available.'' (GEA, No. 36 at 3, 
Docket 230). Whirlpool supported incorporation into Appendix J of 
AHAM's proposed test provisions concerning AWFCS. The company stated 
that ``the AHAM proposed procedure will provide a usage that more 
closely approximates the consumer use habits, and since there are not 
currently any vertical-axis product[s] that utilize AFC [automatic fill 
control] and horizontal-axis product is not required to meet a specific 
energy standard, this would not require a new standard to be 
established.'' (Whirlpool, No. 37 at 3, Docket 230).
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    \5\ Comments have been assigned to docket numbers and have been 
numbered consecutively. A Comment in response to the May 1995 
proposed rule, Docket number EE-RM-93-701, will have its appropriate 
number followed by ``Docket 701'', a comment in response to the 
March 1995 proposed rule, Docket number EE-RM-94-230, will have its 
appropriate number followed by ``Docket 230'', and a comment in 
response to the supplemental proposed rule or reopening notice, 
Docket number EE-RM-94-230A, will have its appropriate number 
followed by ``Docket 230A.'' Statements that were presented at the 
July 12, 1995, public hearing are identified as Testimony.
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    The Department rejects GEA's argument not to promulgate AWFCS test 
provisions in Appendix J. The Department has the responsibility to 
provide codified test provisions for issues that have been addressed 
previously by waivers. At the time of the March 1995 proposed rule, the 
Department had already granted a waiver to Asko Incorporated (Asko) for 
its clothes washers with AWFCS capability. 59 FR 15710 (April 4, 1994). 
Since the publication of the March 1995 proposed rule, the Department 
has granted a Waiver to Miele and an Interim Waiver to GEA for their 
clothes washers with AWFCS capability. 61 FR 11201 (March 19, 1996) and 
61 FR 18125 (April 24, 1996).
    The Department believes that the Appendix J1 AWFCS test provisions, 
which specify a new test load table based on current consumer habits, 
will provide more accurate results for clothes washers equipped with 
AWFCS. In the supplemental proposed rule, the Department requested 
additional information regarding the possible adoption of the proposed 
Appendix J1 test load table for Appendix J. If adopted, the test load 
table would have been applicable only to front-loader and top-loader 
clothes washers with AWFCS capability. The Department received an 
overwhelming negative response to this suggestion. Miele, AHAM, Maytag, 
Raytheon and White Consolidated opposed the use of the Appendix J1 test 
load table for any testing other than Remaining Moisture Content (RMC) 
testing (which is voluntary for Appendix J) because of test burden 
concerns and disparity of test results between front-loader and 
traditional top-loader clothes washers. (Miele, No. 4 at 1; AHAM, No. 7 
at 1, 4, 5; Maytag, No. 8 at 3; Raytheon, No. 9 at 4; and White 
Consolidated, No. 11 at 1, 2 and No. 12 at 1, all Docket 230A). In 
response to the supplemental proposed rule, the Department did not 
receive any comments supporting the adoption, other than for RMC 
testing, of the new test load table for Appendix J.
    The Department believes that the promulgation of the March 1995 
proposed rule AWFCS test provisions, which use test loads that do not 
reflect current consumer usage habits, most likely will provide an 
artificial credit for clothes washers with AWFCS capability. The 
Department also believes, however, that the artificial credit, or 
reduced energy consumption rating, will be offset by the Appendix J's 
current overstating of energy consumption. Consequently, the rating 
depicted to consumers for AWFCS clothes washers generally will be 
representative of the actual energy consumption. Therefore, the 
Department is maintaining the test load requirements for energy 
consumption testing as proposed in the March 1995 proposed rule.
    In the reopening notice, with regard to clothes washers with 
multiple AWFCS settings, 6 the Department proposed test 
provisions to average the results from the most and least energy 
intensive settings. AHAM commented that it supported the Department's 
proposal. (AHAM, No. 19 at 1, Docket 230A). Fisher and Paykel commented 
that this proposal would add test burden but indicated that it had no 
alternative. (Fisher and Paykel, No.22 at 3, Docket 230A). Based on the 
comments received, DOE has determined that for clothes washers with 
multiple AWFCS settings the test provisions proposed in the reopening 
notice are appropriate. Therefore they are incorporated into today's 
final rule for Appendix J.
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    \6\ Multiple AWFCS settings allow a consumer to adjust the 
``sensitivity'' of the AWFCS feature so as to permit different 
amounts of water for a given load of clothing and corresponding 
different amounts of energy consumption.
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AWFCS Provisions for Both Appendices J and J1
    In the reopening notice, with regard to a clothes washer that had 
both AWFCS and manual water fill control, 7 the Department 
proposed requirements to test both features and to average the results. 
AHAM comment supported the Department's proposal. (AHAM, No. 19 at 1, 
Docket 230A). Fisher and Paykel stated that it believed the AWFCS

[[Page 45487]]

feature would be used more frequently than the manual mode. Fisher and 
Paykel added, however, that it has no data concerning use of the AWFCS 
feature in the U.S. (Fisher and Paykel, No. 22 at 3, Docket 230A). The 
Department had proposed the same testing and averaging requirements for 
Appendix J1 in the supplemental proposed rule and received no negative 
comments. Based on all of these factors, the test provisions proposed 
for clothes washers with both AWFCS and manual water fill control are 
incorporated into today's final rule for Appendices J and J1.
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    \7\ In Appendix J, two types of manual fill control are defined, 
``sensor filled'' and ``timed filled.''
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    Fisher and Paykel commented that the proposed definition of 
``adaptive control system'' is ambiguous and suggested that the 
definition state explicitly that it does not include ``AWFCS.'' (Fisher 
and Paykel, No. 16 at 1, Docket 230A). The Department agrees with 
Fisher and Paykel. Therefore, the Department has adopted language for 
the ``adaptive control system'' definition for Appendices J and J1 as 
suggested by Fisher and Paykel. In addition, to prevent any ambiguity, 
the Department has made minor revisions to the rule language where the 
terms ``adaptive control system'' and ``adaptive water fill control 
system'' are used.
AWFCS Provisions for Appendix J1
    In the supplemental proposed rule, with regard to clothes washers 
with multiple AWFCS settings, the Department proposed test provisions 
to average the results from tests of the most and least energy 
intensive settings. AHAM and Raytheon opposed this proposal and 
suggested an alternative method to reduce test burden. (AHAM, No. 14 at 
1; and Raytheon, No. 9 at 4 and No. 13 at 2; both Docket 230A).
    The alternative method would require testing the most energy 
intensive setting with a maximum size test load, the most and least 
energy intensive settings with an average size test load, and the least 
energy intensive setting with a minimum size test load. The 
Department's proposal would have required testing of the most and least 
energy intensive settings for the maximum, average, and minimum size 
test loads. Since an average size test load would be used by consumers 
most of the time (74 percent), the Department has determined that 
AHAM's proposal would account for 87 percent of the energy consumption 
test results (of the full compliment of tests results proposed by the 
Department), while only requiring 66 percent of the number of tests. In 
addition, the AHAM proposal would ensure that the combination of 
settings with the lowest possible energy consumption, i.e., the lowest 
energy intensive setting with a minimum size test load, and with the 
highest possible energy consumption, i.e., the highest energy intensive 
setting with a maximum size test load, would be tested. Therefore, the 
Department is adopting the test methodology for Appendix J1 suggested 
by AHAM and supported by Raytheon.
    Based on AHAM's suggested test procedure, the supplemental proposed 
rule also specified that additional test loads be tested if an AWFCS 
clothes washer does not have linear results for average size test 
loads, i.e., non-linear between the maximum and minimum size test load 
results. For a clothes washer that generates non-linear test results, 
additional tests would be required for ``above average'' and ``below 
average'' test load sizes. AHAM, Fisher and Paykel, and Raytheon 
believe that the additional testing requirements would create an 
unnecessary test burden. (AHAM, No. 14 at 2, 3; Fisher and Paykel, No. 
16 at 6, 10; and Raytheon, No. 13 at 2; all Docket 230A). In addition, 
AHAM provided an analysis which indicates that, with a worst case non-
linear result, the change in resulting energy factor or modified energy 
factor would be small, an average of some four to five percent. (AHAM, 
No. 21, Docket 230A). The Department has reviewed the analysis provided 
by AHAM and agrees that the additional test burden is not warranted for 
the potential improvement in test accuracy. Furthermore, the worst case 
scenario analyzed by AHAM does not appear to be likely, and thus actual 
test result disparity would be less than four or five percent. 
Therefore, Appendix J1 as promulgated today does not require testing of 
``above average'' and ``below average'' test loads for AWFCS clothes 
washers that generate non-linear test results.
2. Electrical Supply Requirements
    The March 1995 proposed rule proposed deleting a provision in the 
existing test procedures (Appendix J) that allowed turning off console 
lights that did not consume more than 10 watts of power during the 
clothes washer test cycle. Similarly, the supplemental proposed rule 
did not propose to include such a provision in Appendix J1. Speed Queen 
supported the Department's proposal to delete the provision from 
Appendix J. (Speed Queen, No. 29 at 4, Docket 230). NRDC, Maytag, and 
Raytheon supported the Department's proposal not to include this 
provision in Appendix J1. (NRDC, No. 2 at 2; Maytag, No. 8 at 2; and 
Raytheon, No. 9 at 1; all Docket 230A). Today's final rule is 
consistent with the March 1995 proposed rule and supplemental proposed 
rule, and excludes this provision.
3. Field Testing
    In the supplemental proposed rule, the Department proposed that 
both Appendices J and J1 would require manufacturers to field test a 
non-conventional clothes washer (such as one with automatic control of 
features other than water fill) as a basis for requesting a test 
procedure waiver pursuant to 10 CFR 430.27. The Department stated that 
field test data would be used to support the petition for waiver. Both 
the preamble and rule language indicate that a test procedure waiver 
would be required in order to test a non-conventional clothes washer, 
and the field testing proposal clearly assumes that a waiver would be 
needed to test such a machine. The supplemental proposed rule would 
also require field testing if a manufacturer believes that a clothes 
washer with both manual and adaptive fill controls is being used by 
consumers, in the adaptive mode, more than 50 percent of the time, and 
seeks a waiver from the provision of the test procedure that assumes 
such 50% usage. AHAM had recommended the proposed field testing 
provisions for both Appendices J and J1, to provide data to support 
waiver applications. (AHAM, No. 5 at 5, Docket 230).
    In response to the supplemental proposed rule, AHAM commented that 
the field testing requirements should be optional, not mandatory, and 
recommended specific rule language revisions. (AHAM, No. 7 at 1 & 5 and 
No. 14 at 4, Docket 230A). AHAM's position was supported by several 
manufacturers. (Miele, No. 4 at 2; Maytag, No. 8 at 3; Fisher and 
Paykel, No. 16 at 12, 13; and Raytheon, No. 9 at 3; all Docket 230A). 
Neither AHAM nor the other commenters, however, questioned the need for 
a waiver to establish test procedures for a non-conventional clothes 
washer.
    The Department agrees with AHAM and the commenting manufacturers 
that the field testing provisions should not be mandatory. For a non-
conventional clothes washer such as one with an adaptive control 
system, the test procedures in proposed Appendices J and J1 would 
provide materially inaccurate data as to energy consumption. Therefore, 
a test procedure waiver would be required. A waiver in effect creates a 
new test procedure for a machine, specifying inapplicable provisions of 
the required test procedure and additional

[[Page 45488]]

requirements necessary for testing or analysis of test results, thus 
providing a basis for determining compliance with efficiency standards 
and for making efficiency representations. The proposed field testing 
was intended to support a test procedure waiver, by providing a 
generally accepted method for collecting data and adjusting test 
results. Although the Department continues to believe that field 
testing can serve this purpose, it recognizes the possibility that a 
waiver could be supported by means other than field testing, and by 
field test methods other than those in the supplemental proposed rule. 
Moreover, there may be instances where the proposed field testing 
methods are inadequate.
    Therefore, today's final rule provides that the proposed field 
testing requirements are guidelines, rather than mandatory procedures 
that a manufacturer must use to gather information to support each 
waiver application. Although field testing should be used where 
appropriate, the Department will still consider a petition for waiver 
that is not based on field testing. In addition, the Department may 
reject field testing results, if warranted. As in the proposed rule, 
however, the final rule makes clear that a manufacturer must obtain a 
test procedure waiver for non-conventional clothes washers, including 
machines with adaptive control systems.
    Fisher and Paykel provided additional comments regarding field 
testing provisions. The company is concerned about (1) whether the 
proposed rule is intended to permit field testing outside of the U.S., 
(2) the equation to correlate field testing results with laboratory 
test ratings, and (3) a requirement to record the dry clothing weight 
prior to washing. (Fisher and Paykel, No. 16 at 12, 13; Docket 230A). 
Fisher and Paykel assumes that field testing could be performed in any 
location, including outside of the U.S. The company did not comment 
whether manufacturers should be required to perform field testing in 
the U.S.
    The Department contemplates that field testing would determine 
consumer behavior relative to a particular clothes washer. Such 
consumer behavior would be a basis for determining compliance with DOE 
efficiency standards (and whether the clothes washer could be sold in 
the U.S.) and for representations within the U.S. concerning the 
machine's efficiency. Thus, consumer usage data derived in the U.S. 
would be most applicable. Nevertheless, since today's rule makes field 
testing provisions optional, the Department does not believe it needs 
to address whether field tests should be restricted to the U.S. Field 
test results, however, will be subject to competitor and Department 
review as part of the Petition for Waiver process found at 10 CFR 
430.27. A petitioner submitting consumer usage data derived outside of 
the U.S. most likely would be expected to show that the data applies 
to, and is valid for, U.S. consumer usage patterns. Therefore, today's 
final rule does not add a requirement to restrict field testing to the 
U.S. and is being promulgated as proposed.
    Fisher and Paykel also questioned the field testing equation used 
to develop an acceptable rating of a ``test'' clothes washer (section 
6.1 of the supplemental proposed rule). (Fisher and Paykel, No. 16 at 
13, Docket 230A). The following paragraph is an excerpt from section 
6.1 of the supplemental proposed rule.
    ``The field test results will be used to determine the best method 
to correlate the rating of the test clothes washer to the rating of the 
base clothes washer. If the base clothes washer is rated at A kWh per 
year, but field tests at B kWh per year, and the test clothes washer 
field tests at D kWh per year, the test unit would be rated as follows:

A x (D/B)=GkWh per year''

Fisher and Paykel suggested an alternate mathematical expression which 
provides the same result but ``better indicates that a ratio of the 
base clothes washer \8\ laboratory and field energy measurements are 
used to correct the test clothes washer field results.'' Fisher and 
Paykel misunderstood the intent of the equation. The Department 
maintains that the rating of the ``test'' clothes washer should be 
derived by adjusting the established ``base'' clothes washer rating. 
Thus, the ``base'' clothes washer rating would be multiplied by the 
ratio of the field results for a ``test'' clothes washer divided by the 
field results of a ``base'' clothes washer. Therefore, the Department 
is promulgating the proposed mathematical expression without revision.
---------------------------------------------------------------------------

    \8\ A ``base'' clothes washer refers to a machine already being 
sold in commerce without the unique feature being field tested.
---------------------------------------------------------------------------

    Fisher and Paykel opposed a field testing requirement to have 
consumers dry the clothing load prior to washing. According to Fisher 
and Paykel, the result may affect consumer behavior, i.e., a consumer 
may choose different clothes washer settings if the actual weight of 
the clothing is known. The company also maintains that it is 
unrealistic to have consumers dry dirty clothing, and that the 
calculations do not use the dry weight of the clothing. (Fisher and 
Paykel, No. 16 at 13, Docket 230A). The Department agrees with Fisher 
and Paykel that it is impracticable to have consumers dry soiled 
clothing in their clothes dryers prior to washing. This would waste 
energy, soil the clothes dryer for future use, and may make it more 
difficult to clean the clothing. Fisher and Paykel is incorrect, 
however, in asserting that the dry clothing weight is not required. 
Data regarding load size is useful to correlate tests in the field with 
laboratory tests which use fixed test loads. In addition, the dry 
clothing weight is required when a calculation is needed of the 
remaining moisture content result. The Department believes that this 
measurement can be obtained at the end of the clothes dryer drying 
cycle. Therefore, to establish more practicable requirements, today's 
final rule specifies the measurement of the dry clothing weight at the 
end of the laundry process.
4. Remaining Moisture Content
    The March 1995 proposed rule proposed to include an optional test 
provision in Appendix J to address the moisture content of clothing at 
the completion of the clothes washer cycle (referred to herein as 
``remaining moisture content'' or ``RMC'' \9\). This provision included 
a calculation to determine the energy required to fully dry the 
clothing. AHAM recommended a revised test provision to test the RMC of 
a test load for its suggested future use test procedure, and suggested 
adoption of these same test provisions, on an optional basis, for 
Appendix J. (AHAM, No. 5 at 3, 7 and No. 8 at 1, both Docket 230). This 
was supported by Raytheon. (Raytheon, No. 29 at 2, Docket 230). The 
Department accepted AHAM's recommended test provisions to address the 
RMC of clothing at the completion of the clothes washer cycle, and 
proposed to incorporate them into Appendix J1.
---------------------------------------------------------------------------

    \9\ RMC represents a percentage derived by dividing the moisture 
weight that is remaining in the clothing at the completion of the 
clothes washer cycle by the weight of the dry clothes prior to the 
clothes washing cycle.
---------------------------------------------------------------------------

    The Department believes these provisions are superior to the 
provisions proposed in the March 1995 proposed rule, Appendix J, for 
calculating the energy required to remove moisture from clothing. The 
Appendix J1 approach is based on current consumer usage habits which 
reflect larger loads, account for wash loads that are not dried in 
clothes dryers, i.e., 16 percent of wash loads, and account for 
residual moisture, i.e., 4 percent remaining in the clothing at the 
completion of a typical clothes dryer cycle. Thus, DOE

[[Page 45489]]

believes the Appendix J1 test methodology is more representative of a 
consumer's energy use. The provisions of Appendix J1 also provide a 
means to assess the water extraction capability of a clothes washer 
independent of any other descriptor, i.e., a RMC percentage value. 
Accordingly, today's final rule incorporates consistent test provisions 
for RMC and the energy required to remove the moisture from the 
clothing for both Appendices J and J1. This includes the adoption of a 
new test load table for testing RMC in Appendix J.
    The Department also received comments concerning aspects of RMC 
which were addressed in the supplemental proposed rule. The following 
issues relate to RMC and are applicable to both Appendices J and J1.
    a. Energy Required to Remove Moisture from the Test Load. The RMC 
value is used to calculate the energy required to remove moisture from 
the test load, ``DE''. The ``DE'' is calculated 
using the maximum size test load, load adjustment factor (LAF) (P&G 
ratio of maximum load size to average load size), nominal energy 
required to remove moisture from clothes (assumed constant for all 
clothes dryers, 0.5 kWh/lb), and the clothes dryer utilization factor 
(DUF) (percentage of clothes washer loads that are dried by clothes 
dryers). AHAM originally recommended a DUF of 83 percent, although P&G 
calculates the DUF to be 84.4 percent.\10\ The Department stated in the 
supplemental proposed rule that it planned on using 84 percent for the 
DUF. Raytheon and Maytag support the Department's use of 84 percent for 
the DUF. (Maytag, No. 8 at 2; and Raytheon, No. 9 at 1, both Docket 
230A). Today's final rule incorporates a DUF of 84 percent for 
Appendices J and J1.
---------------------------------------------------------------------------

    \10\ Comment 32 on Docket number EE-RM-94-403.
---------------------------------------------------------------------------

    b. Spin Speed and Spin Time. GEA expressed concern about the 
possibility of manufacturers providing manually selectable options to 
consumers, e.g., multiple spin speed and time selections, which would 
affect the resulting RMC of consumer wash loads. GEA believes that the 
Department should not use the lowest RMC level achieved in a clothes 
washer for the future minimum energy conservation standard analysis or 
for energy reporting, and that there should be some type of 
``discounting of the RMC credit.'' According to GEA, consumers may not 
always choose the setting which would result in the lowest RMC value. 
(Testimony at 157). In response, the Department stated in the 
supplemental proposed rule that it was considering a requirement to 
average the extreme values of the multiple selections, e.g., spin 
speeds and times, that are available in the energy test cycle. The 
Department requested comments regarding this issue.
    Several comments were received. AHAM provided a revised method to 
prorate multiple consumer options affecting RMC. AHAM believes that 
settings for the lowest RMC value , i.e., greatest extraction of 
moisture, will be used by consumers 75 percent of the time and that the 
highest RMC value will be used 25 percent of the time. This is based on 
P&G usage data for delicate and permanent press cycles. (AHAM, No. 7 at 
2 and No. 14 at 4, both Docket 230A). The AHAM methodology was 
supported by Miele, Maytag, and Raytheon. (Miele, No. 4 at 3; Maytag, 
No. 8 at 2; and Raytheon, No. 9 at 1; all Docket 230A). NRDC supports 
some type of ``averaging'' to address this issue and believes the 
concern ``would be mitigated'' as proposed in the supplemental proposed 
rule. (NRDC, No. 2 at 2, Docket 230A). Fisher and Paykel believes that 
the factory default spin speed should be used for the RMC test, 
although in the absence of a factory default it supported the AHAM 
methodology. (Fisher and Paykel, No. 16 at 12, Docket 230A).
    White Consolidated opposed conducting the RMC test at any speed 
other than the maximum spin speed because testing momie cloth (the 
specified test cloth) at low spin speeds does not reflect actual 
consumer usage. White Consolidated also indicated that mismatching the 
wash cycle, load size, and load type can produce RMC measurements that 
miss ``real world'' results by as much as 35 percent. (White 
Consolidated, No. 12 at 1, 2, Docket 230A).
    The Department believes that some consumers will choose spin speed 
and spin duration options which achieve RMC values above the lowest 
attainable in the energy test cycle, although consumer usage habits are 
not known. For this reason, the Department proposed to require 
averaging the lowest and highest RMC values. Almost all the commenters 
advocated a proration of 75 percent for the lowest RMC value and 25 
percent for the highest RMC value. These values are based on the use of 
the delicate and permanent press cycles. Use of these cycles may not 
correlate exactly to the use of optional spin speed and spin duration 
selections in the energy test cycle. This approach, however, seems 
reasonable because consumers who wash less durable articles of clothing 
in the energy test cycle to prevent possible fabric damage probably 
will refrain from extracting the maximum amount of water in the clothes 
washer. There may be some merit to White Consolidated's concern that 
consumer use of cycles, load size, and load type must be more 
accurately gauged in order to accurately represent RMC. Until such data 
is available, however, the optimum choice appears to be the use of the 
75/25 percent proration based on delicate and permanent press cycle 
usage. Today's final rule incorporates the 75/25 percent proration into 
Appendices J and J1.
    Miele expressed concern about excluding an option for no spin speed 
from the minimum spin speed test requirement. Miele indicated that for 
front loader clothes washers which have a no spin speed option, the 
clothing will remain submerged in water and the door will remain locked 
until a spin speed selection is made. (Miele, No. 4 at 3 and No. 17 at 
1, both Docket 230A).
    The Department agrees with Miele that, if a clothes washer is 
equipped with an optional no spin speed selection in the energy test 
cycle, such selection should not constitute the lowest spin speed 
selection for RMC calculations. The Department believes that a no spin 
speed selection is a unique feature intended for rare use by consumers. 
Moreover, it is unlikely that consumers would place wet clothing, 
without any partial drying by the clothes washer, directly into a 
clothes dryer. Therefore, today's final rule includes language to 
exclude a no spin selection from RMC testing requirements for 
Appendices J and J1.
    c. Load Size for RMC. In response to the March 1995 proposed rule, 
GEA provided a graph with RMC on the ``Y'' axis and Load Size on the 
``X'' axis. (GEA, No. 6 at appendix E, Docket 230). Although not 
quantified, the graph depicted a relatively large negative slope of 
approximately 0.5. Thus, according to the graph, as load size gets 
larger the RMC level decreases substantially.11 If GEA's 
graph accurately depicts the slope, this would have a major impact on 
the expected energy savings to consumers and on manufacturer 
efficiency/energy consumption representations, because the data show 
that consumers use their clothes washers with an average size load 74 
percent of the time. Under the proposed test procedure, RMC is first 
determined for a maximum size load. The RMC thus determined is then 
adjusted in order to determine the moisture content that would remain 
in an average size load. The adjustment

[[Page 45490]]

formula is based on the assumption, which GEA disputes, that RMC, as a 
percentage amount, is the same for different load sizes. If GEA is 
correct, the anticipated energy consumption to remove the moisture from 
the clothing, as determined under the foregoing calculation, would be 
artificially low. In the supplemental proposed rule, the Department 
requested data and comments concerning this issue.
---------------------------------------------------------------------------

    \11\ RMC is a percentage which decreases, although the actual 
remaining moisture weight increases because the larger load retains 
more moisture.
---------------------------------------------------------------------------

    The Department received confidential data from Miele and Whirlpool, 
and publicly available data from Raytheon and Maytag. (Miele, No. 4; 
Whirlpool, No. 10; Raytheon, No. 9 at 1; and Maytag, No. 15 at 1, 2; 
all Docket 230A). AHAM believes that the maximum test load should be 
used for RMC testing because the difference (RMC percentage value) with 
an average test load is small. (AHAM, No. 7 at 3, Docket 230A). 
Raytheon and Maytag support AHAM's position. Maytag also indicated that 
a maximum test load produces more consistent and repeatable test 
results. (Maytag, No. 15 at 1, 2). Miele believes that an average test 
load should be tested in addition to the maximum test load because RMC 
as a percentage is not the same for different size loads and may vary 
significantly for various machines. Furthermore, Miele believes the 
improved test results outweigh the additional test burden. (Miele, No. 
4 at 4).
    The Department has analyzed the individual data submissions and has 
determined that there is a general correlation between RMC (as a 
percentage value) and load size. As load size increases, RMC 
(percentage value) decreases. On average, the relationship appears to 
have a negative slope of approximately 0.05, much smaller than on GEA's 
graph. The data, however, show that in some cases, as load size 
increases, RMC actually increases (with a small positive slope). 
Considering the range of data received, the relatively small variation 
of RMC for average and maximum load sizes, the additional test burden 
of testing average loads, and the greater consistency of RMC test 
results with larger loads, the Department is maintaining the 
requirement to test RMC only with the maximum test load. Therefore, 
today's final rule maintains the test load requirements for Appendix J1 
as proposed, and incorporates into Appendix J a new test load table 
identical to the maximum test load table requirements of Appendix J1.
5. Thermostatically Controlled Water Valves
    The Department proposed a definition for thermostatically 
controlled water valves in the March 1995 proposed rule. AHAM provided 
a revised definition in its recommended test procedure, and requested 
adoption of this definition for the Appendix J test procedure. (AHAM, 
No. 8 at 1, Docket 230). Miele and Speed Queen supported the adoption 
of the AHAM's suggested definition. (Speed Queen, No. 29 at 5; and 
Miele, No. 10 at 1; both Docket 230). In the supplemental proposed 
rule, the Department proposed to adopt a slightly revised version of 
the AHAM definition language.
    In response to the supplemental proposed rule, AHAM objected to the 
Department's revised definition. The revised definition specified that 
the ``valves'' sensed the water temperature and adjusted the supply 
water to maintain a desired temperature. AHAM wants the definition to 
apply to a ``clothes washer's'' ability versus the ``valve's'' ability 
to sense and adjust the water temperature. The predominant design 
concepts for thermostatically controlled water valves operate 
internally within the valve, but new design strategies include an 
interface between the valve and a clothes washer electronic controller. 
(AHAM, No. 7 at 5, Docket 230A). Miele, Maytag, and Raytheon support 
AHAM's definition. (Miele, No. 4 at 5; Maytag, No. 8 at 3; and 
Raytheon, No. 9 at 3, 4; all Docket 230A). Fisher and Paykel shared 
AHAM's concern and also believes that the definition should reflect 
only the clothes washer's ability to ``achieve'' a desired water 
temperature, rather than to ``maintain'' a desired water temperature. 
(Fisher and Paykel, No. 16 at 3, Docket 230A).
    The Department agrees with the intent of AHAM's definition for 
thermostatically controlled water valves because it allows greater 
flexibility in achieving the desired result. Whether a particular water 
temperature results from the water valve's operation or the clothes 
washer electronic control is immaterial, as long as the clothes washer 
has the ability to sense and adjust the supply water temperature.
    Finally the suggestion from Fisher and Paykel to change the 
definition from ``maintain'' to ``achieve'' a desired mixed water 
temperature has caused the Department to re-examine the definition. The 
fundamental purpose of this feature is to adjust the supply temperature 
in order to obtain a desired supply water temperature, or a desired 
wash tub temperature. In light of this purpose, the Department believes 
that the proposed definition and the suggested AHAM definition are too 
specific. To simply change the definition to ``achieve'' as suggested 
by Fisher and Paykel would be inappropriate because some clothes 
washers with this feature attempt to maintain the supply water 
temperature, and others seek to maintain the wash water temperature. 
Furthermore, this definition is used in the test procedure only to 
ensure that a clothes washer with these characteristics is tested with 
appropriate supply water temperatures. Therefore, the Department 
believes the definition can be simplified to be more generic, and still 
serve its intended purpose in the test procedure. The Department is 
adopting the following definition in today's final rule for Appendices 
J and J1: ``Thermostatically controlled water valves means clothes 
washer controls that have the ability to sense and adjust the hot and 
cold supply water.''
6. Water Consumption Factor
    In the March 1995 proposed rule, the Department proposed a Water 
Consumption Factor (WCF), expressed in clothes washer capacity per 
gallon per cycle. The Department believes that providing a means of 
determining WCF may allow consumers, utilities or other organizations 
to compare clothes washer water consumption independent of clothes 
washer capacity.
    In response to the March 1995 proposed rule, the Department 
received several comments regarding inclusion of the WCF in Appendix J. 
Miele and Speed Queen indicated that the WCF should be the inverse of 
what was proposed because many utilities already use that factor 
(gallons per cycle per cubic foot capacity). (Miele, No. 10 at 2; and 
Speed Queen, No. 29 at 3; both Docket 230). AHAM indicated that WCF on 
a per cycle basis can be expressed as cubic feet per gallon. (AHAM, No. 
33 at 5, Docket 230) . The Department agrees with Miele and Speed Queen 
that the WCF should be consistent with existing utility programs and 
represented on a per cycle basis as gallons (weighted water 
consumption) per cubic foot capacity.
    Accordingly, the Department proposed a revised WCF for Appendix J1 
in the supplemental proposed rule, which was the inverse of the WCF in 
the March 1995 proposed rule. In response, the Department received 
positive comments. (AHAM, No. 7 at 4; Maytag No. 8 at 3; and Raytheon, 
No. 9 at 3; all Docket 230A). Therefore, today's final rule 
incorporates a WCF expressed as gallons per cycle per cubic feet in 
Appendices J and J1. In addition, the definition for WCF in Appendix J 
has been revised to be consistent with the new expression.

[[Page 45491]]

B. Clothes Washer Test Procedures--Issues Related to Appendix J

1. Agitator and Spin Speed Settings
    In the March 1995 proposed rule, the Department proposed 
requirements for agitator and spin speed settings to conduct energy 
consumption testing because they are not addressed in the current test 
procedure. Speed Queen supported the Department's proposal. (Speed 
Queen, No. 29 at 4, Docket 230). The Department received no negative 
comments, and therefore DOE is adopting this proposal.
    In addition, the Department is making minor language revisions with 
respect to these terms. The term ``agitator'' is being changed to 
``agitation'' to be more generic.\12\ Certain provisions relating to 
spin speed are being modified to address concerns regarding optional 
RMC testing, as discussed above.
---------------------------------------------------------------------------

    \12\ See discussion below regarding ``capacity'' where the 
definition for ``agitator'' is no longer required.
---------------------------------------------------------------------------

2. Capacity Measurements
    In the March 1995 proposed rule, the Department proposed minor 
revisions to the requirements regarding measurement of capacity to hold 
clothing (section 3.1). These changes were non-substantive in nature 
and did not attempt to change any clothes washer's capacity rating. 
AHAM recommended that the Department adopt simpler rule language which 
was generic both to front-loader and top-loader clothes washers. (AHAM, 
No. 5 at 3, 6 and No. 8 at 1, both Docket 230).
    The Department agrees that AHAM's suggested rule language for 
clothes washer capacity measurement is simpler and most likely will 
achieve the same result. The Department, however, believes that the 
suggested language is not specific enough concerning the orientation of 
the clothes container opening during testing. The Department believes 
that it is reasonable to assume that a clothes washer will be placed in 
a position so that its opening is horizontal to the ground to conduct 
the capacity measurement. However, DOE prefers to remove any vagueness 
from the test procedure. Therefore, the Department is adding the 
following procedural step to the AHAM suggested language: ``Place the 
clothes washer in such a position that the uppermost edge of the 
clothes container opening is leveled horizontally, so that the 
container will hold the maximum amount of water.'' Therefore, the 
Department is adopting the language recommended by AHAM, with the above 
revision, in today's final rule for Appendix J. In addition, since the 
term ``agitator'' is no longer mentioned in the capacity measurement 
section, the Department is deleting the proposed ``agitator'' 
definition from Appendix J. The deletion of the ``agitator'' definition 
was supported by Speed Queen. (Speed Queen, No. 29 at 4, Docket 230).
3. Modified Energy Factor Definition
    In the March 1995 proposed rule, the Department proposed to add to 
Appendix J an additional energy descriptor, called a modified energy 
factor (MEF), which would include moisture removal energy. This new 
descriptor would provide more comprehensive determinations, and 
comparisons, of the energy efficiency of clothes washers in the 
marketplace. It would be used for informational purposes only, such as 
rebate programs. The MEF was also proposed in Appendix J1 for possible 
future use.
    The definition for the modified energy factor, as proposed in the 
March 1995 proposed rule, referred to both water-heating and non-water-
heating clothes washers. Miele has suggested a more generic definition 
that excludes mention of specific types of clothes washers. (Miele, No. 
10 at 2, Docket 230). The Department proposed this generic version of 
the definition in the supplemental proposed rule for Appendix J1 and 
received no negative comments. The Department believes the definition 
suggested by Miele is more versatile and applicable to all clothes 
washers, including water-heating clothes washers that use externally 
heated hot water. Therefore, today's final rule incorporates a 
definition for ``modified energy factor'' in Appendix J, which is 
identical to the definition which was proposed and is being adopted in 
Appendix J1.
4. Other Issues
    In both the March 1995 proposed rule and the reopening notice, the 
Department proposed several minor modifications to Appendix J. The 
Department did not receive any negative comment relative to these 
proposals. Therefore, today's final rule maintains the rule language as 
proposed in the March 1995 proposed rule, and adopts changes discussed 
in the reopening notice. These modifications are provided in tabular 
form as follows:

------------------------------------------------------------------------
                                                    Sections in appendix
          Proposal                   Source                   J         
------------------------------------------------------------------------
Deletion of AHAM Test         March 1995 proposed   Not Applicable      
 Procedure References.         rule.                 (Deletion of       
                                                     sections 1.7 & 1.8 
                                                     in current Appendix
                                                     J).                
Clarification of Maximum      March 1995 proposed   Sections 3.2.1.2.1 &
 Fill Testing (``available     rule.                 3.2.2.1.           
 on the clothes washer'').                                              
Similarly Labeled             March 1995 proposed   Section 4.1.1.1.    
 Temperature Use Factors       rule.                                    
 (TUFs).                                                                
One and Two Temperature       Reopening notice....  Section 5.          
 Clothes Washer TUF Values.                                             
------------------------------------------------------------------------

    The Department also received suggestions for several minor 
clarifications to the rule language. The following table provides these 
suggested modifications:

------------------------------------------------------------------------
  March 1995 proposed rule                                              
        section/issue                Comment        DOE action/ response
------------------------------------------------------------------------
Sections 2.8.2.1 and          Miele, No. 10 at 2,   Intent incorporated.
 2.8.2.2: remove ambiguity     Docket 230.                              
 for use of test loads.                                                 
Section 3.2.2.4: variable     Miele, No. 10 at 3,   Intent incorporated.
 callouts.                     Docket 230.                              
Section 4.1.1.2: concern      Miele, No. 10 at 3,   Not incorporated:   
 about temperature rise of     Docket 230.           adoption would     
 90 deg. F instead of 80                             affect efficiency  
 deg. F.                                             ratings of existing
                                                     models. (Appendix  
                                                     J1 has a           
                                                     temperature rise of
                                                     75 deg. F.)        
Section 4.3.3: reference      Miele, No. 10 at 3,   Intent incorporated.
 callouts.                     Docket 230.                              

[[Page 45492]]

                                                                        
Section 5: clarification for  Miele, No. 10 at 3,   Intent incorporated.
 water-heating and non-water-  Docket 230.                              
 heating clothes washer                                                 
 titles.                                                                
Need definitions for          Miele, No. 10 at 1,   Not incorporated:   
 ``automatic'' and ``semi-     Docket 230.           these terms are    
 automatic'' clothes washers.                        already defined in 
                                                     10 CFR 430.2.      
------------------------------------------------------------------------

5. Temperature Measuring (Sensing) Device
    The March 1995 proposed rule proposed essentially to maintain the 
existing temperature equipment requirements, while changing its 
nomenclature from ``thermometer'' to ``temperature sensing device'' 
(section 2.5.3). AHAM suggested a revision of these requirements, both 
for its recommended test procedure and Appendix J. AHAM's language 
specified in part, that accuracy of equipment would be maintained over 
the range of temperatures being measured, rather than over a broader 
range as is currently required. AHAM also suggested revision of 
nomenclature in the proposed test procedure from ``Temperature sensing 
device'' to ``Temperature measuring device.'' (AHAM, No. 8 at 1, Docket 
230). The Department believes that the revised AHAM language, on which 
comments were solicited in the supplemental proposed rule, will 
eliminate a requirement that is irrelevant to the test procedure, while 
maintaining its accuracy and providing manufacturer equipment 
flexibility. Therefore, today's rule incorporates into Appendix J the 
supplemental proposed rule language for a temperature measuring device.
6. Temperature Selections
    Currently, and as proposed, Appendix J allows for the testing of 
three basic wash temperatures, cold, warm, and hot, in several 
combinations with two rinse temperatures, cold and warm. The test 
procedures set forth percentages, called temperature use factors 
(TUFs), that represent the proportion of time that each temperature 
combination selection (TCS) (wash/rinse combination offered to a 
consumer) is used. However, some new clothes washers have new TCSs 
which are not explicitly covered by the Appendix J test procedure.
    a. Multiple Warm Wash Temperatures. Currently, there are clothes 
washers on the market that have multiple warm wash TCSs. The 
Department's understanding is that these TCSs are relatively 
straightforward. The warm wash temperatures of the TCSs are spaced so 
that the temperature of the middle warm wash TCS is at the mid-point 
between the temperatures of the warmest warm wash TCS and the coolest 
warm wash TCS. Also, for any other TCS above the middle warm wash TCS, 
there is a corresponding TCS that is an equal number of degrees below 
the middle warm wash TCS. In the reopening notice, the Department 
proposed requirements to test only the middle warm wash TCS. In 
addition, if a middle TCS does not exist, then the next hotter TCS 
above the mid-point would be tested.
    AHAM agreed generally with the above proposal. Fisher and Paykel 
provided comments and agreed with the requirement to test only the 
middle TCS. (Fisher and Paykel, No. 22 at 1, 2, Docket 230A). 
Therefore, today's final rule includes the above described test 
provisions for Appendix J.
    The Department's proposal also addressed situations where TCSs are 
not spaced equally by temperature. The Department is unaware of any 
current clothes washers with these types of TCSs, but wants to provide 
test provisions in the event they are included on future models. The 
Department's proposal in the reopening notice would require testing at 
the next hotter warm wash TCS above the mean of the temperature range 
for multiple warm wash TCS.
    Fisher and Paykel questioned whether the reference to the mean 
referred to the mean temperature or to the TCS with the mean position 
on the control panel. Fisher and Paykel suggested that it should be 
applicable to the temperature and that DOE should require that the mean 
temperature be determined. In addition, Fisher and Paykel stated that 
the TCS with the mean temperature should be tested if available on the 
clothes washer model, or if such a TCS is not available, the next 
higher warm wash TCS above a theoretical mean should be tested. (Fisher 
and Paykel, No. 22 at 2, 3, Docket 230A).
    Fisher and Paykel maintains that the actual mean TCS of the 
temperature range should be tested, if available, whereas the 
Department believes the next higher TCS should be tested. The 
Department believes the next higher TCS should be tested in lieu of the 
actual mean TCS because it is concerned about the way TCSs may be 
displayed to consumers. The rationale for testing the middle TCS for 
clothes washers with multiple warm wash TCSs, spaced equally by 
temperature, is that consumers are just as likely to select a TCS above 
the middle TCS as they are to select one below the middle TCS. In the 
case of clothes washers with TCSs that are not spaced equally by 
temperature, consumers may be given, for example, multiple selections 
above an actual mean TCS of the temperature range and only one 
selection below it. In this case, consumers may select warm wash TCSs 
above the mean TCS more frequently than the one warm wash TCS below the 
mean TCS. To test the mean TCS could give a relatively low, and hence 
unrepresentative, picture of the energy consumption of the clothes 
washer. Therefore, the Departments proposed that the next higher TCS be 
tested. Today's final rule includes requirements for Appendix J as 
stated in the reopening notice and reiterated above.
    In the reopening notice, the Department also proposed test 
provisions for clothes washers with multiple temperature settings, 
i.e., a range of temperatures from which a consumer can make a 
selection within a specific TCS. Section 3.2.2.2 of the current test 
procedure requires that the ``hottest setting available'' be used for 
testing a hot wash TCS. In the reopening notice, the Department 
proposed a test methodology which requires that the hottest temperature 
setting within a hot, warm or cold TCS be tested.
    This approach is similar to the Department's proposal in the March 
1995 proposed rule for addressing similar TCSs that are labeled so as 
to appear to the consumer to be virtually identical. In essence, the 
similarly labeled TCSs are two temperature settings for one basic TCS. 
For example, on a given clothes washer, one cold wash/cold rinse TCS 
may be labeled ``cold/cold,'' with a wash temperature that is never 
heated, and another can be labeled ``auto cold/cold'' with a wash 
temperature that uses some hot water. The March 1995 proposed rule 
proposed that the hottest of these two selections be used for testing. 
The Department believes this proposal is consistent with the industry's 
basic interpretation of the existing test

[[Page 45493]]

procedure. The Department did not receive any negative comment 
regarding the March 1995 proposed rule's provision for similarly 
labeled TCSs.
    Shortly before the publication of the reopening notice, Fisher & 
Paykel asserted that for DOE to require testing at the hottest 
temperature setting available within a TCS would be inconsistent with 
the test methodology regarding multiple warm wash TCSs (discussed 
above).13 The two approaches may appear to be inconsistent, 
but the Department believes they would establish the best solution 
considering that the hottest setting available must be used in tests 
involving a hot wash TCS or similarly labeled TCSs. To the greatest 
extent possible, the Department wants to ensure that all models are 
tested and rated on a comparable basis.
---------------------------------------------------------------------------

    \13\ Fisher & Paykel provided this comment to the Department 
regarding Interim Waiver CW-004 (61 FR 18129 on April 6, 1996) which 
addresses this same issue.
---------------------------------------------------------------------------

    In response to the reopening notice, AHAM commented that, in 
general, it supports the Department's proposal. AHAM believes that the 
rule language should make specific reference to a secondary control, 
which is how the temperature of the TCS (selected with the primary 
control) would be adjusted. AHAM supports the rationale to test the 
hottest temperature available for a TCS. (AHAM, No. 19 at 2, Docket 
230A). Fisher and Paykel stated that its comments provided in response 
to Waiver CW-004 (discussed above) remain essentially the same. (Fisher 
and Paykel, No. 22 at 1, Docket 230A).
    The Department agrees with AHAM that manufacturers most likely 
would present multiple temperature selections within a TCS with a 
secondary control. Therefore, today's final rule incorporates rule 
language to clarify this point. The Department sees some merit in 
Fisher and Paykel's concern about testing multiple temperature settings 
within a TCS at the hottest setting available. For the reasons stated 
above, however, the Department believes that today's rule is the best 
solution considering the test procedures currently in effect. Moreover, 
the future test procedure, Appendix J1, establishes even more 
consistent test procedures to address this issue. Therefore, today's 
final rule adopts the requirement proposed in the reopening notice to 
test the hottest temperature setting available within a TCS in Appendix 
J.
    b. Temperature Selections Locked Out of the Normal Cycle. In the 
May 1995 proposed rule, the Department proposed that, for a clothes 
washer with a normal cycle temperature selection ``lockout'' feature, 
the hot water consumption be prorated between the TCS that has the 
``lockout'' in the normal cycle and the same TCS in the cycle with the 
greatest hot water consumption. The unknown factor in the calculation 
is the frequency with which users would choose the normal versus other 
cycles when a temperature selection is selected, i.e., the proration 
values.
    The Department proposed to set the proration values at 20 percent 
for the normal cycle and 80 percent for the most energy intensive cycle 
(the cycle other than normal that consumes the maximum amount of 
energy), unless consumer usage data becomes available that support 
other values. The proposed values were based on an assumption that 80 
percent of the time a consumer wants the locked out temperature, it 
will choose a cycle that offers that particular temperature selection, 
and the remaining 20 percent of the time consumers will not alter the 
cycle and will accept the locked out temperature selection.
    The frequency with which consumers use the normal cycle is 
important if a clothes washer is equipped with a temperature selection 
``lockout.'' The clothes washer test procedure requires testing at the 
normal cycle because this is believed to be representative of how 
consumers use their clothes washers. Traditionally, consumers select 
the normal cycle most of the time and the remaining cycles, either more 
or less energy intensive, the remainder of the time. Hot water energy 
constitutes the greatest component of the energy consumption, 
approximately 90 percent or more, and the energy consumption for the 
various cycles, e.g. ``normal,'' ``heavy duty,'' ``delicate,'' etc., on 
a typical clothes washer without lockouts may not vary much from one 
cycle to the next, for a given temperature and fill selection. This is 
not true for a clothes washer with a temperature selection lockout 
feature. For such a clothes washer, temperature selections that appear 
to be the same in different cycles are in fact different, and result in 
consumption of different amounts of energy.
    Whirlpool utilized an independent consultant to conduct a consumer 
survey regarding the use of clothes washers with and without the 
``lockout'' feature. Whirlpool submitted a summary of the results of 
the survey to the Department. (Whirlpool, No. 13, Docket 701). The 
Department made this summary available to stakeholders for review and 
comment.
    White Consolidated commented that it disagreed with the concept of 
prorating the energy consumption results from the normal and most 
energy intensive cycles, including the proposed 20/80 percent values. 
In essence, White Consolidated believes that a TCS with a lockout 
should be tested in the most energy intensive cycle, and the result 
used 100 percent for the calculations. White Consolidated believes that 
normal cycle operation on a particular clothes washer may be 
represented to consumers in such a manner that they use it 
significantly less than they would on a traditional clothes 
washer.14 White Consolidated also asserted that the data 
submitted by Whirlpool did not indicate the frequency with which 
consumers select the normal cycle. (White Consolidated, No. 14, Docket 
701). Whirlpool provided comment that the proration value for the use 
of the normal cycle should be 75 percent. Whirlpool believes that its 
survey shows no significant difference between consumers' use of the 
normal cycle with or without a lockout. (Whirlpool, No. 16, Docket 
701). Maytag stated that it supports the Department's proposal to use 
20 percent as the proration value for the normal cycle. Maytag also 
indicated that it believes the survey conducted by Whirlpool had 
minimal value because the survey did not include any Sears Kenmore 
models, which have the highest market share in the clothes washer 
industry. Maytag also stated that (1) the way the cycle selections are 
depicted to the consumer will have a significant impact on how often a 
consumer will select a normal cycle, and (2) as the normal cycle is 
depicted on the Whirlpool clothes washers, consumers will use the 
normal cycle less frequently. (Maytag, No. 17, Docket 701).
---------------------------------------------------------------------------

    \14\ P&G data indicates that the normal cycle on a typical 
clothes washer is used approximately 75 percent of the time. The DOE 
test procedure uses the normal cycle to approximate typical use by 
consumers.
---------------------------------------------------------------------------

    The Department reviewed the publicly available survey summary and 
confidential raw survey data provided by Whirlpool. The survey data 
indicate that consumers select a normal cycle, with a temperature 
selection lockout, slightly less often than they select a normal cycle 
without a temperature selection lockout. This supports Whirlpool's 
claim that the lockout feature had minimal impact on the use of the 
normal cycle. The results also showed, however, that consumers' overall 
use of the normal cycle of Whirlpool clothes washers is significantly 
less than their use of the normal cycle for typical clothes washers 
(use of the normal cycle for the industry

[[Page 45494]]

is estimated to be 75 percent, based on P & G survey data). This result 
supports the statements made by White Consolidated and Maytag regarding 
use of the normal cycle.
    Whirlpool, after consultation with the Department regarding its 
confidential data, provided public information which indicated that 
consumers selected the normal cycle on its clothes washers equipped 
with temperature selection lockouts 32 percent of the time. (Whirlpool, 
No. 18, Docket 701).
    The Department believes that the proration value for the use of the 
normal cycle should reflect the frequency of consumer choice of that 
cycle. The Department believes that the confidential survey data, 
provided by Whirlpool, indicating the actual use of the normal cycle by 
consumers with a temperature selection lockout feature does exactly 
that. Therefore, the Department is promulgating today's final rule with 
proration values of 32 percent for the normal cycle and 68 percent for 
the most energy intensive cycle for the Appendix J test procedure.
7. Water-Heating Clothes Washers
    Traditionally, clothes washers in the U.S. have used water heated 
outside of the machine, in a dwelling's water heating source. These are 
defined as non-water-heating clothes washers. New, predominantly 
imported, clothes washers have their own internal heaters which heat 
cold water supplied for washing. These are referred to as water-heating 
clothes washers. In addition, some water-heating clothes washers have 
the capability of using water heated externally, and can use their 
internal heater to increase the temperature of such water, or to 
maintain the temperature of water in the wash tub.
    The March 1995 proposed rule proposed test provisions for water-
heating clothes washers that do not use externally heated water. The 
test provisions included definitions for water-heating and non-water-
heating clothes washers. In the supplemental proposed rule, the 
Department proposed to include in Appendix J provisions to test water-
heating clothes washers that use externally heated water. Under the 
proposed Appendix J1 definition, these clothes washers are treated as 
water-heating clothes washers because they are equipped with an 
internal heater, although they are tested with a combination of test 
provisions for water-heating and non-water-heating clothes washers.
    Generally, commenters supported these proposals, although a few 
modifications were suggested. AHAM requested the Department adopt in 
Appendix J the definitions for water-heating and non-water-heating 
clothes washers that AHAM suggested for Appendix J1. The AHAM 
definitions are generic and applicable to water-heating clothes washers 
that use externally heated water. (AHAM, No. 8 at 1, Docket 230). The 
intent of the AHAM definitions was supported by Miele. (Miele, No. 10 
at 1, Docket 230). Commenters agreed that the Department should 
incorporate into Appendix J test provisions for water-heating clothes 
washers that use externally heated water. (AHAM, No. 7 at 1, 4, 5; 
Miele, No. 4 at 2; Maytag, No. 8 at 3; and Raytheon, No. 9 at 3: all 
Docket 230A).
    The Department agrees with AHAM and Miele that the definitions for 
water-heating and non-water-heating clothes washers should address 
water-heating clothes washers that use externally heated water. 
Furthermore, the Department proposed AHAM's definitions for the 
Appendix J1 test procedure in the supplemental proposed rule and did 
not receive any negative comments. Therefore, today's final rule 
incorporates revised definitions in Appendix J, identical to those 
proposed for Appendix J1. Today's final rule also incorporates 
procedural steps into Appendix J for water-heating clothes washers that 
use externally heated water.
8. Weighing Scales for Test Cloth and Clothes Container
    In the March 1995 proposed rule, the Department also proposed to 
maintain existing requirements for the weighing scales which are used 
to measure the weight of test cloth and clothes washers (for container 
capacity determination). AHAM revised the requirements for weighing 
scales in its recommended test procedure. AHAM also recommended that 
its rule language be adopted for Appendix J. The AHAM language 
eliminates requirements to have specific measuring ranges for the 
weighing scales, and specifies instead a maximum allowable percentage 
of error for a particular measured value. (AHAM, No. 8 at 1, Docket 
230). The Department believes the AHAM language, on which the 
Department sought comments in the supplemental proposed rule but 
received none, will maintain the accuracy of the existing test 
procedure while providing manufacturer equipment flexibility, thus 
eliminating an unnecessary test burden. Therefore, today's rule 
incorporates the supplemental proposed rule language for weighing 
scales into Appendix J.

C. Clothes Washer Test Procedures--Issues Related to Appendix J1

1. Capacity Measurement
    Both the proposed Appendix J and proposed Appendix J1 required 
testing to determine the capacity of the clothes container. This 
capacity is defined as the maximum volume which a dry clothes load 
could occupy. The capacity is then used as a significant component in 
the calculation of the Energy Factor and Modified Energy Factor, which 
are used to rate the efficiency of the clothes washer on a per cycle 
basis. The actual load, in pounds of clothing, that a clothes washer 
can wash is a function of many variables including the portion of the 
container's volume which is actually available for clothes washing, the 
agitation system and the motor torque. But the Department has used the 
measured clothes container capacity as a proxy for the actual load a 
clothes washer is capable of washing, and this has worked well for 
purposes of comparing vertical-axis clothes washers to each other. The 
Department believes that measured container capacity will serve the 
same function for horizontal-axis clothes washers. However, it is 
unclear whether the relationship of measured capacity to load 
capability is the same for vertical-axis and horizontal-axis clothes 
washers.
    The proposed Appendix J and proposed Appendix J1 test procedures 
require measuring the capacity to the upper most part of the clothes 
washer container, which includes the volume encompassed by a ring that 
may be attached to the top of the clothes container. The maximum water 
level in any vertical-axis clothes washer may vary, but the water level 
cannot go to the top of the ring attached to the top of the clothes 
container. Maytag calculated that this current method of measuring 
capacity results in the measured volume of vertical-axis clothes 
washers exceeding the wetted volume 15 by a minimum of 15 
percent to well over 20 percent. (Maytag, No. 13 at 1, Docket 230). 
AHAM, commenting on behalf of clothes washer manufacturers, including 
Maytag, asserts the current method for measuring vertical-axis clothes 
washer capacity is sufficient and should not be changed. (AHAM, No. 33 
at 5, Docket 230).
---------------------------------------------------------------------------

    \15\ DOE uses the term ``wetted volume'' to refer to the space 
in a clothes washer within which washing and rinsing occur.
---------------------------------------------------------------------------

    In a horizontal-axis clothes washer, washing and rinsing occur in 
the entire volume of the clothes container. Thus, the measured and 
wetted volumes of a

[[Page 45495]]

horizontal-axis clothes washer are the same, and Maytag proposed 
multiplying the measured volume of a horizontal-axis clothes washer by 
a factor of 1.2. (Maytag, No. 13 at 2, Docket 230). This factor would 
mathematically increase the ``measured capacity'' of horizontal-axis 
clothes washers and would result in a 20 percent increase in the Energy 
Factor and Modified Energy Factor for horizontal-axis clothes washers. 
A similar factor is included in the International Electrotechnical 
Commission (IEC) 456 test procedure for clothes washers. ACEEE supports 
a capacity credit for horizontal-axis clothes washers.16 
ACEEE stated that the IEC test procedure has a 15 percent credit and 
believes the credit may be too low. ACEEE believes the credit should be 
21 percent. (ACEEE, No. 32 at 3, Docket 230).
---------------------------------------------------------------------------

    \16\ Commenters have used both terms ``factor'' and ``credit'' 
which are intended to mean the same thing.
---------------------------------------------------------------------------

    Speed Queen opposes a horizontal-axis clothes washer capacity 
adjustment factor, stating that adequate time for discussion and 
comment is needed on this ``recently raised issue.'' (Speed Queen, No. 
29 at 3, Docket 230). GEA opposes any horizontal-axis clothes washer 
capacity credit stating, ``In view of the evidence, from P & G, that 
American consumer washing habits are driven in large part by their 
perception of capacity, proponents of a European adjustment factor must 
provide hard data of its applicability to the U.S. market.'' (GEA, No. 
36 at 2, Docket 230). Whirlpool also opposes any credit for horizontal-
axis clothes washer capacity because there are no data that would 
demonstrate American loading habits for horizontal-axis clothes 
washers. (Whirlpool, No. 37 at 4, Docket 230).
    The Department notes that the measured volume of a vertical-axis 
clothes washer is larger than the wetted volume, whereas, these two 
volumes are the same for horizontal-axis clothes washers. This suggests 
that, for these two types of machines, a difference may exist in the 
relationship of measured capacity to the amount of clothes a clothes 
washer is capable of washing. However, the Department has no data to 
indicate that this possible difference translates into an actual 
difference in load size capability when the other variables that affect 
load size are considered, or as to how U.S. consumers will use 
horizontal-axis clothes washers.
    In the supplemental proposed rule, the Department did not propose a 
capacity credit for horizontal-axis clothes washers. The Department 
stated that, if data became available, it would consider making 
adjustments to the test procedures for either vertical or horizontal-
axis clothes washers to ensure that the comparisons are relatively 
accurate. In Appendix J1, the Department did not make any changes to 
the measurement procedures, or adjust any calculations regarding 
capacity. Maytag indicated that data to support a credit, or 
adjustment, for horizontal-axis clothes washers currently were not 
available, but that it may submit subsequent comments if such data 
became available. (Maytag, No. 8 at 1 and No. 15 at 2, Docket 230A). 
Raytheon supported the Department's proposal to retain the established 
capacity measurement requirements. (Raytheon, No. 9 at 1, Docket 230A).
    Based on the foregoing, today's final rule retains the same basic 
approach to capacity as was proposed in the supplemental proposed rule. 
However, minor language revisions were incorporated, as discussed above 
in section III.B.2 of this notice. If data become available which would 
indicate a significant impact on the comparisons between vertical and 
horizontal-axis clothes washers, the Department will consider 
initiating a rulemaking to make appropriate revisions to the test 
procedure.
2. Consumer Selectable Options for the Energy Test Cycle
    In the supplemental proposed rule, the Department proposed test 
provisions for clothes washers equipped with consumer selectable 
options available in the energy test cycle (supplemental proposed rule 
Section 3.2.3.5). These provisions were proposed primarily because of 
the possibility that manufacturers would provide multiple spin speed 
and spin time selections for the energy test cycle. (See the discussion 
above regarding spin speed and spin time in section III.A.4b of this 
notice.) The proposal however, was applicable to all possible consumer 
selectable options available in the energy test cycle, other than wash 
time (which was addressed in section 2.10). The language included 
examples of selectable options, such as various spin speeds or adaptive 
water fill selections, and required testing of the extremities of the 
available selections and averaging of the results.
    AHAM, NRDC, and clothes washer manufacturers provided specific 
comments regarding multiple consumer selectable options for spin speed 
and spin time. These comments and the Department's response, including 
revised requirements for these features, are discussed fully in section 
III.A.4b of this notice. AHAM and clothes washer manufacturers also 
provided specific comments regarding multiple consumer selectable 
options for adaptive water fill control systems. These comments and the 
Department's response, including revised requirements for adaptive 
water fill control systems, are discussed fully in section III.A.1.
    AHAM recommended that the Department revise section 3.2.3.5 
regarding consumer options for the energy test cycle to exclude wash 
time, temperature, fill levels, and extraction. AHAM also recommended 
that the tests be conducted on the combined maximum and combined 
minimum energy intensities for all such consumer options. (AHAM, No. 
14, Docket 230A). Raytheon supported AHAM's recommendation. (Raytheon, 
No. 13 at 2, Docket 230A). Fisher and Paykel recommended that the 
Department convert section 3.2.3.5 into six procedural steps. Fisher 
and Paykel's recommended changes were consistent with AHAM's 
recommendation to exclude wash time, temperature, fill levels, and 
extraction from this section. Fisher and Paykel also recommended that 
other options be tested in the factory default setting or in the 
manufacturers ``recommended positions for a cotton and/or linen clothes 
cycle.'' Fisher and Paykel recommended language including exclusions 
for non-energy related features, as well as comprehensive testing 
provisions for special circumstances not covered by the generic 
provisions. (Fisher and Paykel, No. 16 at 9, 10, Docket 230A).
    Having reviewed the AHAM and manufacturer comments, the Department 
sees no need to include in Appendix J1 general provisions for 
``consumer options for the energy test cycle.'' In the supplemental 
proposed rule, the Department expressed concern regarding consumer 
options for multiple spin speed, spin time, and multiple adaptive water 
fill control system selections. These options have now been addressed 
in other sections of the rule language as discussed above. The 
Department is concerned about adopting specific test provisions to 
address unknown, potential options. The commenters did not provide a 
rationale as to why the suggested provisions were needed in the test 
procedure, other than that the Department had originally proposed them. 
The Department believes that any other feature which affects the energy 
consumption of clothes washers should be subject to the public comment 
provisions of the waiver process found at 10 CFR 430.27.
    The Department acknowledges that in the supplemental proposed rule 
it proposed a procedure to address

[[Page 45496]]

generally consumer options in the energy test cycle. This proposal was 
primarily designed, however, to address specific concerns stated in the 
proposed rule and to elicit comment on procedures for other possible 
consumer options. The specific concerns have been addressed elsewhere 
and no other consumer options were identified in the comments. 
Therefore, the Department sees no reason to include in the test 
procedure a generic test provision for consumer options in the energy 
test cycle, and today's rule contains no such provision.
3. Energy Test Cloth
    The supplemental proposed rule proposed requirements to 
precondition the energy test cloth prior to its use for energy 
consumption testing. These requirements generally were based on the 
AHAM recommended test provisions, except that the Department changed 
the requirement for detergent from an AHAM specification to a generic 
specification (commercially available detergent).
    AHAM, Maytag, and Raytheon supported the Department's proposal to 
use commercially available detergent, although they recommended that 
the Department change the requirement from a specific dosage of 
detergent (6 grams per gallon of water) to a dosage as recommended by 
the manufacturer. (AHAM, No. 7 at 3; Maytag No. 8 at 2: and Raytheon 
No. 9 at 2; all Docket 230A). The Department agrees with the commenters 
that the dosage should be specified as recommended by the manufacturer 
because of different types and sizes of clothes washers in the 
marketplace. A specific dosage, such as 6 grams per gallon of water, 
may be too small or too large for a particular clothes washer. 
Therefore, today's final rule revises the requirement for clothes 
washer detergent dosage, as indicated above, in Appendix J1.
4. Energy Test Cycle Definition
    In the supplemental proposed rule, the Department proposed a 
definition for ``energy test cycle,'' for Appendix J1. The energy test 
cycle definition is used to define the cycle on which the energy 
consumption tests are to be conducted, and corresponds to the cycle the 
manufacturer recommends for washing cotton or linen clothes. The energy 
test cycle is comparable to the ``normal cycle'' defined in Appendix J.
    Fisher and Paykel objected to inclusion of the following language 
in the energy test cycle definition: ``all temperature selections 
available on the model, regardless of whether the wash/rinse 
temperature selections or water levels are available in the cycle 
recommended for cottons and/or linens.'' Fisher and Paykel believes it 
is unfair to impose testing requirements of temperature selections that 
are available only in other cycles, e.g., warm rinse for the delicate 
cycle, because the other cycles are not used as frequently as the cycle 
recommended for cotton and/or linen clothes. (Fisher and Paykel, No. 16 
at 2, Docket 230A).
    The Department believes Fisher and Paykel's comment regarding the 
energy test cycle raises an issue that is essentially the same as the 
normal cycle temperature selection lockout issue, discussed above, for 
Appendix J. The temperature selection lockout issue caused significant 
controversy among U.S. clothes washer manufacturers, and was the 
subject of extensive debate. (See Docket Number EE-RM-93-701).
    The energy test cycle is intended to be representative of typical 
consumer use of a clothes washer. Absence of temperature selections 
from the energy test cycle of a clothes washer may mean that cycle is 
not representative and may lead to manufacturer representations that do 
not reflect true energy consumption. This may not be the case for all 
clothes washers with temperature selections available in cycles other 
than the energy test cycle, but the issue remains a significant concern 
to the Department. Therefore, today's final rule maintains the 
substance of the definition for energy test cycle, as proposed in the 
supplemental proposed rule. Certain changes however, solely for 
purposes of clarification, have been made in the definition as 
promulgated in today's final rule.
5. Other Issues
    The supplemental proposed rule proposed several minor changes in 
AHAM's suggested test procedure, about which DOE received no negative 
comment. Therefore, in these respects, today's final rule maintains the 
rule language in Appendix J1 as proposed in the supplemental proposed 
rule. These minor changes are provided in tabular form as follows:

----------------------------------------------------------------------------------------------------------------
                          Proposal                                              Rule sections                   
----------------------------------------------------------------------------------------------------------------
Maximum use of five energy stuffer cloths..................  Section 2.7.                                       
Water-heating clothes washer test provisions, including      Sections 2.11, 3, and 4.                           
 test room temperature requirements and externally heated                                                       
 water use.                                                                                                     
Not to include a suds-saver test provision.................  N/A.                                               
Temperature Use Factors....................................  Section 4.                                         
----------------------------------------------------------------------------------------------------------------

6. Supply Water Temperature
    Under the Department's proposal in the supplemental proposed rule, 
supply water temperature would affect the energy consumption of water-
heating clothes washers and clothes washers with thermostatically 
controlled water valves, whereas other non-water-heating clothes 
washers would not be affected by the supply water temperature. The 
Department's proposal, based on AHAM's recommendation, specified 
different tolerances for the supply water temperatures for these two 
situations. Clothes washers whose energy consumption is affected by the 
supply water temperature were required to be tested with a hot water 
supply of 135 deg.F with a tolerance (+0 deg.F-10 deg.F), and cold 
water supply of 60 deg.F with a tolerance (+0 deg.F-10 deg.F). Clothes 
washers whose energy consumption is not affected by the supply water 
temperature were required to be tested with a hot water supply of 
135 deg.F with a tolerance ( 5 deg.F), and cold water 
supply of 60 deg.F with a tolerance ( 5 deg.F).
    Fisher and Paykel asserted that, since one type of machine is not 
affected by supply temperature, there is no reason to specify different 
tolerances for the two types of clothes washers while using the same 
tolerance range (10 deg.F). Fisher and Paykel also believes that in a 
laboratory it is easier to set a temperature to a  5 deg.F 
tolerance than a +0 deg.F-10 deg.F tolerance. Fisher and Paykel 
recommended that the requirements for supply water be combined for both 
types of clothes washers. The hot water supply would be set at 
130 deg.F with a tolerance (5 deg.F), and the cold water 
supply would be set at 55 deg.F with a tolerance (5 deg.F). 
(Fisher and Paykel, No. 16 at 5, Docket 230A).
    The Department is concerned, however, about unnecessary test 
burden. In many areas of the U.S., during much of the year, the 
temperature of the ground water remains above 60 deg.F. Setting cold 
water

[[Page 45497]]

requirements below 65 deg.F for clothes washers not affected by supply 
temperatures, which represent a majority of the current clothes washer 
market, would impose an unnecessary test burden. The Department also 
believes that the ability to establish a temperature within a 10 deg.F 
tolerance range is the same regardless of how it is specified.
    In light of Fisher and Paykel's comments, however, the Department 
agrees it is warranted to revise the proposed provisions for supply 
water temperatures. In order to establish an appropriate and readily 
apparent difference between those clothes washers affected by supply 
water temperatures and those which are not, the Department is 
eliminating the specified tolerances for clothes washers affected by 
supply water temperatures. In today's final rule, the Department is 
adopting revised requirements such that the hot water supply shall not 
exceed 135 deg.F (57.2 deg.C), and the cold water supply shall not 
exceed 60 deg.F (15.6 deg.C) for clothes washers affected by supply 
temperatures in Appendix J1.
7. Test Load Tolerances
    In the supplemental proposed rule, the Department proposed a test 
load table which has loads that vary with clothes washer capacity. The 
table was based on the AHAM recommended test procedure, except that the 
Department changed the tolerance from AHAM's suggested value of 
0.10 pounds to 0.05 pounds. The Department made 
this change because it believed that a tolerance of 0.05 
pounds enabled the required test load sizes to be achieved through the 
use of energy stuffer cloths that weigh approximately 0.04 pounds each. 
The Department requested comment on this proposal.
    AHAM, Maytag, and Raytheon opposed the Department's proposal to 
establish a tolerance of 0.05 pounds. Their concern is that 
the tighter tolerance has minimal impact (0.66 percent) on the test 
results. They also believe that the tighter tolerance imposes an 
unnecessary test burden because ambient, humid air, causes a dry test 
load to gain weight. (AHAM, No. 7 at 2; Maytag, No. 8 at 2; and 
Raytheon, No. 9 at 2; all Docket 230A). NRDC supported the Department's 
proposal to establish a tolerance of 0.05 pounds. (NRDC, 
No. 2 at 2, Docket 230A).
    The Department agrees that the concern raised by AHAM and 
manufacturers has merit because the test procedure requires the test 
load to be ``bone dry,'' meaning that the weight of the test load is 
stable within one percent after 10 minutes in a clothes dryer. Since 
the test procedure does not have a low humidity requirement, it is 
likely that the test load will gain weight during the time period after 
it is removed from the clothes dryer and before its weight is measured. 
Therefore, given the practical considerations of the testing 
environment, a theoretical weight for energy stuffer cloth cannot be 
used. For these reasons, today's final rule changes the test load table 
tolerance to 0.10 pounds in Appendix J1.
8. Warm Wash Temperature Selections
    The supplemental proposed rule proposed test provisions for warm 
wash temperature selections. These provisions included definitions for 
``warm wash'' and ``uniformly distributed warm wash,'' as well as 
testing requirements for clothes washers with various types of 
intermediate warm wash temperatures. In proposed Appendix J1, if a 
clothes washer has uniformly distributed warm wash temperature 
selections (wash temperatures have a linear relationship with all 
discrete warm wash selections and are equally spaced, or infinite in 
number), the energy consumption value is determined by a calculation 
rather than a test. If the warm wash temperature selections are not 
uniformly distributed, the Department proposed testing all discrete 
intermediate warm wash temperature selections (i.e., all temperature 
selections that are below the hottest hot (135  deg.F 
(57.2  deg.C)) and above the coldest cold). In the case of 
infinite non-uniformly distributed temperature selections, testing 
would be conducted at the 20, 40, 60, and 80 percent positions of the 
temperature selection device.
    The Department did not receive any comments regarding the proposed 
``warm wash'' definition. AHAM, Maytag, and Raytheon stated that they 
supported the Department's definition for ``uniformly distributed warm 
wash,'' but they expressed concern about the application of the 
definition and about the requirements for testing. (AHAM, No. 7 at 4; 
Maytag, No. 8 at 3; and Raytheon, No. 9 at 2; all Docket 230A). Fisher 
and Paykel stated that the portion of the definition for ``uniformly 
distributed warm wash'' which describes the criteria for a ``linear 
relationship'' is unclear. The definition, in Appendix J1, stated ``In 
all cases, the mean of the water temperature of the warmest and the 
coldest warm selections must coincide with the mean of the hot and cold 
water temperature.'' Fisher and Paykel believes the term ``hot and cold 
water temperature'' is ambiguous and could refer to hot and cold wash 
temperatures, or could apply to hot and cold supply water temperatures. 
In addition, due to various temperature settings and tolerances 
throughout the test procedure, Fisher and Paykel suggested that a 
tolerance (8  deg.F (4.4  deg.C)) be 
established to qualify the term ``must coincide.'' (Fisher and Paykel, 
No. 16 at 3, Docket 230A).
    The Department agrees with Fisher and Paykel and has revised the 
``uniformly distributed warm wash'' definition, regarding the criteria 
for ``linear relationship,'' to remove any ambiguity. The linear 
relationship criterion is applicable over the temperature range between 
the ``hot wash'' and the ``cold wash.'' Therefore, today's final rule 
revises this section in Appendix J1 from ``* * * mean of the hot and 
cold water temperature'' to ``* * * mean of the hot wash and cold wash 
water temperatures.''
    With regard to Fisher and Paykel's suggestion of a tolerance, the 
Department believes that some acceptable tolerance should be 
established because having the terminology ``must coincide,'' without a 
tolerance, would mean the linear relationship requirement would not be 
satisfied if any deviation existed, however slight. The Department, 
however, believes Fisher and Paykel's suggested tolerance value is too 
large. In Appendix J1, within the definition of ``uniformly distributed 
warm wash,'' a tolerance of `` 5 percent'' was proposed in 
the sentence prior to the one that is the subject of Fisher and 
Paykel's comment. This tolerance was not objected to by any commenters. 
The Department believes this same value should be applied to the 
sentence where Fisher and Paykel believes a tolerance should be added. 
The nominal temperature range between a ``hot wash'' and ``cold wash'' 
is 75 deg.F. Five percent of this range results in a tolerance of 
 3.8 deg.F. Therefore, the Department is adopting 
`` 3.8 deg.F( 2.1 deg.C)'' as a tolerance for 
the criteria for a linear relationship in Appendix J1.
    AHAM, Fisher and Paykel, and Raytheon support in part and oppose in 
part the Department's proposed testing method for warm wash temperature 
selections that are not uniformly distributed. They agree that where a 
clothes washer has less than three such selections, all should be 
tested. But they oppose testing all selections where a machine has more 
than three such selections, based primarily on a claim of excessive 
test burden. For clothes washers with more than three discrete

[[Page 45498]]

warm wash temperature selections, they suggest DOE give manufacturers 
the option of either testing all of the selections or treating this 
category as if it were a clothes washer with ``infinite'' temperature 
selections. This would reduce significantly the number of required 
tests if a clothes washer were equipped with numerous discrete warm 
wash temperature selections. In addition, AHAM, Fisher and Paykel, and 
Raytheon believe the number of test points for clothes washers with 
infinite temperature selections should be reduced from four to three, 
and a requirement should be added to test to the next higher 
temperature selection if a particular test point is not available. 
(AHAM, No. 14 at 2; Fisher and Paykel, No. 16 at 11, 12; and Raytheon, 
No. 13 at 1; all Docket 230A).
    The Department is concerned with the test burden imposed by the 
test procedures. For example, the Department is aware of a current 
clothes washer model that has 32 intermediate warm wash temperature 
selections. To test all 32 temperature selections with all of the other 
test procedure provisions would be expensive, and could be considered 
excessive test burden. The Department agrees with the suggested option 
to consider clothes washers with more than three warm wash temperatures 
as clothes washers with infinite warm wash temperature selections. The 
Department believes testing at the various test points of the 
temperature range, with a requirement to test to the next higher 
selection if a temperature selection is not available at a specified 
test point, will provide representative data of the warm wash 
temperature selection offerings. In addition, DOE agrees that 
manufacturers should have the option of testing all temperature 
selections if they choose to. Therefore, the Department is adopting in 
Appendix J1 the suggested treatment of clothes washers with more than 
three warm wash temperature selections that are not uniformly 
distributed.
    The question of whether clothes washers with infinite warm wash 
temperature selections should be tested at four points (20, 40, 60, and 
80 percent of the temperature range) as proposed by the Department, or 
at three points (25, 50, and 75 percent of the temperature range) as 
suggested by commenters, raises a number of issues. First, the 
Department believes that although the accuracy of the test results will 
increase with more test points, the test burden also will increase. In 
addition, manufacturers of clothes washers with numerous discrete warm 
wash temperature selections would most likely provide a discrete warm 
wash temperature selection at approximately the 50 percent location of 
the temperature range, which would not be tested with the four test 
point requirement proposed by the Department. Therefore, today's final 
rule incorporates into Appendix J1 a requirement that clothes washers 
with infinite temperature selections be tested at three points (25, 50, 
and 75 percent) of the temperature range. However, if the Department 
were to obtain data indicating that today's requirements result in 
representations not reflective of a clothes washer's true energy 
consumption, then the Department would consider a rulemaking to 
reevaluate these requirements.
    In addition to the above comments regarding warm wash temperature 
selections, AHAM and Raytheon suggested the adoption of a new 
procedural step with equations to determine the temperatures of warm 
wash water in a non-water-heating clothes washer, based on proration of 
hot water consumption. (AHAM, No. 14 at 1, and Raytheon, No. 13 at 3, 
both Docket 230A). The Department has reviewed the suggestion and 
believes it would be beneficial to include this in the procedure for 
determining warm wash water temperatures for non-water-heating clothes 
washers. The definition for uniformly distributed warm wash temperature 
selections requires the plotting of warm wash temperatures with the 
position of the temperature selection device. The suggestion by AHAM 
and Raytheon is one method which is acceptable and will be transparent 
to users of the test procedure. Therefore, today's final rule 
incorporates AHAM and Raytheon's suggestion for a procedural step to 
determine the temperature of a non-water-heating clothes washer warm 
wash temperature selection in Appendix J1.
9. Warm Rinse
    In the supplemental proposed rule, the Department proposed 
requirements to test heated rinses (section 3.7) independent of wash 
temperatures. This proposal, based generally on AHAM's recommendation, 
required that the entire electrical energy be measured for a ``warm 
wash and hottest rinse cycle,'' and that the energy used in the heated 
rinse be derived from this measurement of the energy used in the entire 
clothes washer cycle. AHAM suggested, and Raytheon supported, a 
revision to the heated rinse testing requirements so as to measure only 
the energy consumption including electrical energy consumption of the 
warm rinse cycle. In addition, AHAM and Raytheon suggested some minor 
modifications to the rule language implementing these testing 
requirements, to make the language more consistent with the entire test 
procedure. (AHAM, No. 14 at 3; and Raytheon, No. 13 at 1; both Docket 
230A).
    The Department believes that the revisions suggested by AHAM and 
Raytheon will provide the same test result as DOE's proposal while 
reducing test burden, and will simplify the rule language in the 
process. Therefore, the Department is adopting these suggested 
revisions for warm rinse testing in Appendix J1.

D. Related Issues, Revision to 10 CFR 430.23, ``Test procedures for 
measures of energy consumption.''

    In the March 1995 proposed rule, the Department proposed specific 
changes to 10 CFR 430.23(j) (1) and (2). These changes included a 
decrease in the number of annual cycles, changes in Appendix J section 
number references, and the incorporation of the Modified Energy Factor 
descriptor. In the supplemental proposed rule, DOE stated that if it 
were to adopt Appendix J1, then it would make the necessary changes to 
Sec. 430.23 for Appendix J1. The Department did not receive any 
negative comments regarding these proposals.
    In today's final rule, the Department is incorporating the proposed 
changes into Sec. 430.23. In addition, the Department is making 
nonsubstantive changes to Sec. 430.23 and Appendix J. The Department 
proposed that the Modified Energy Factor descriptor be set forth in 
Appendices J and J1, and referenced in Sec. 430.23. The Department 
believes it would be beneficial to users of the test procedures, and 
would be more consistent with the foregoing proposal, if the Energy 
Factor descriptor now located in Sec. 430.23, was instead referenced in 
Sec. 430.23 and set forth in Appendices J and J1. Today's final rule 
promulgates these changes.
    Section 430.23(j)(3) provides a general statement regarding other 
useful measures of energy consumption which are likely to assist 
consumers in making purchasing decisions. Currently, this section does 
not include any descriptors, or useful information to consumers. The 
Department believes that including references to the Water Consumption 
Factor, Remaining Moisture Content, and a calculation for annual water 
consumption will provide greater exposure of additional information to 
consumers, or users of the test procedure. These changes are 
nonsubstantive and provide information available in the existing test 
procedures.

[[Page 45499]]

These changes do not impose any additional requirements on 
manufacturers. Therefore, today's final rule includes the above 
references in Sec. 430.23(j)(3).

E. Reporting Requirements, Revision to 10 CFR 430.62, ``Submission of 
Data''

    In the March 1995 proposed rule, the Department proposed to require 
that, on the certification report for each basic model of a dishwasher, 
clothes dryer, or clothes washer the manufacturer would report the 
Energy Factor for the basic model. The Department did not receive any 
negative comments regarding this proposal. Therefore, today's final 
rule includes a requirement for Energy Factors to be included on 
manufacturers' certification reports for dishwashers, clothes dryers, 
and clothes washers, as proposed in the March 1995 proposed rule.
    ACEEE commented, however, that the Department should require in 
addition the reporting of clothes washer capacity, total clothes washer 
water use, and RMC. ACEEE believes this data will support market 
incentive programs for high efficiency clothes washers. (ACEEE, No. 32 
at 2). The Department already requires the reporting of clothes washer 
capacity in the certification report. 10 CFR 430.62(a)(2), ``Submission 
of Data.'' The Department believes it would not be appropriate to 
require manufacturers to report total water use and RMC. Today's 
Appendix J does not require the calculation of total water use or RMC. 
These criteria are provided in the test procedure for optional use by 
manufacturers or other testers. Imposing reporting requirements for 
such criteria would impose additional test burden on manufacturers. The 
Department does, however, support the wide dissemination of this 
information on a voluntary basis, as reflected in today's amendments to 
Sec. 430.23(j)(3), discussed above. Therefore, today's final rule does 
not include reporting requirements for clothes washer total water use 
or RMC.

F. Effective Date

    The effective date specified for today's amendments is (insert date 
180 days after publication). Thus, as of that time, manufacturers must 
use Appendix J as amended in this rule whenever they are required to 
test clothes washers to determine if they comply with applicable energy 
conservation standards. Similarly, unless the Department receives and 
grants a petition for extension under section 323(c)(3) of EPCA, any 
representations concerning clothes washers, made after (insert date 180 
days from publication) should be based on this amended test procedure.
    The Department notes, in addition, that, until the amendments 
become effective in 180 days, they cannot be used to establish 
compliance with standards by clothes washers that cannot be tested 
under existing test procedures. Manufacturers of any products that 
cannot be adequately tested under the current test procedure must seek 
a waiver under 10 CFR 430.27 for the interim period.
    As noted above and at the outset of the text of Appendix J1, 
Appendix J1 will not become mandatory until new energy conservation 
standards for clothes washers have been adopted. At that time, DOE will 
remove the current Appendix J. In the meantime, Appendix J1 will be 
used in the development of the new standards.

IV. Determination Concerning the Impact of the Amended Test Procedures 
on Standards

    Section 323 of EPCA requires that the Department determine the 
extent to which an amended test procedure would alter the measured 
energy efficiency or measured energy use of clothes washers as compared 
with the existing test procedure. Such assessment is made for the 
purpose of assuring that revisions in test procedures do not in effect 
alter existing energy conservation standards by altering the compliance 
of existing products with those standards. Today's amendments to 
Appendix J would not affect measurement of the efficiency or energy use 
of any clothes washer, with the exception of a clothes washer with a 
lockout feature.
    With respect to clothes washers with a lockout feature, the 
amendments being adopted fill a gap in the prior test procedures. Prior 
procedures lacked a suitable means for testing whether such clothes 
washers comply with applicable standards, and today's amendments 
provide such a means. It is the Department's understanding that very 
few clothes washers with a lockout feature are currently being 
manufactured. Moreover, the Department is not aware of any such machine 
that complies with applicable energy conservation standards under prior 
test procedures, and that would be rendered in non-compliance under 
Appendix J as amended today.
    Appendix J1 also would not affect the measurement of compliance 
with existing standards. It is being promulgated for use in developing 
future amendments to the standards for clothes washers, and would go 
into effect only upon the effective date of any such future amendment.

V. Procedural Requirements

A. Environmental Review

    The Department has concluded that this final rule falls into a 
class of actions (categorical exclusion A5) that are categorically 
excluded from the National Environmental Policy Act of 1969 (NEPA) 
review because they would not individually or cumulatively have a 
significant impact on the human environment, as determined by DOE's 
regulations (10 CFR part 1021, Subpart D) implementing NEPA [42 U.S.C. 
4321, 4331-35, 4341-47 (1976)]. Therefore, this rule does not require 
an Environmental Impact Statement or an Environmental Assessment 
pursuant to NEPA.

B. Regulatory Planning and Review

    DOE has determined that this is not a ``significant regulatory 
action'' under Executive Order 12866, ``Regulatory Planning and 
Review,'' (58 FR 51735, October 4, 1993). Accordingly, today's action 
was not subject to review by the Office of Information and Regulatory 
Affairs.

C. Federalism Review

    Executive Order 12612 (52 FR 41685, October 30, 1987) requires that 
regulations or rules be reviewed for any substantial direct effects on 
the States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. If there are sufficient substantial 
direct effects, the Executive Order requires the preparation of a 
Federalism assessment to be used in decisions by senior policy makers 
in promulgating or implementing the regulation.
    The final rule published today would not alter the distribution of 
authority and responsibility to regulate in this area. The final rule 
would only revise a currently applicable DOE test procedure to improve 
existing testing methods, and to add provisions that DOE would use in 
future standard setting. Accordingly, DOE has determined that 
preparation of a federation assessment is unnecessary.

D. ``Takings'' Assessment Review

    It has been determined pursuant to Executive Order 12630 (52 FR 
8859, March 18, 1988) that this regulation would not result in any 
takings which might require compensation under the Fifth Amendment to 
the United States Constitution.

[[Page 45500]]

E. Paperwork Reduction Act Review

    No new information or recordkeeping requirements are imposed by 
this rulemaking. Accordingly, no OMB clearance is required under the 
Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

F. Unfunded Mandates Act

    Section 202 of the Unfunded Mandates Reform Act of 1995 (``Unfunded 
Mandates Act'') (signed into law on March 22, 1995) requires that the 
Department prepare a budgetary impact statement before promulgating a 
rule that includes a Federal mandate that may result in expenditure by 
state, local, and tribal governments, in the aggregate, or by the 
private sector, of $100 million or more in any one year.
    The Department has determined that this action does not include a 
Federal mandate that may result in estimated costs of $100 million or 
more to state, local or to tribal governments in the aggregate or to 
the private sector. Therefore, the requirements of Sections 203 and 204 
of the Unfunded Mandates Act do not apply to this action.

G. Review Under the Regulatory Flexibility Act of 1980

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 603, requires the 
preparation of an initial regulatory flexibility analysis for every 
rule which by law must be proposed for public comment, unless the 
agency certifies that the rule, if promulgated, will not have a 
significant economic impact on a substantial number of small entities. 
A regulatory flexibility analysis examines the impact of the rule on 
small entities and, if the impact is significant and widespread, the 
analysis considers alternate ways of reducing negative impacts.
    In the March 1995 proposed rule and the May 1995 proposed rule, the 
Department certified that the proposed amendments, if adopted as final 
rules, would not have a significant economic impact on a substantial 
number of small entities. None of the comments on these proposed rules 
disagreed. In adopting final rules based on these proposals, the 
Department continues to adhere to this conclusion.
    Certain provisions of Appendix J in today's final rules, and all of 
Appendix J1, arise out of the April 1996 supplemental proposed rule, 
and certain other provisions of Appendix J are based on the November 
1996 reopening notice. The Department believes these provisions of the 
final rule also will not have a significant impact on either small or 
large manufacturers of clothes washers under the provisions of the 
Regulatory Flexibility Act. No comment indicated otherwise. These 
amendments to Appendix J incorporate: (1) Test procedures already in 
use by manufacturers pursuant to waivers that DOE previously granted to 
those manufacturers, (2) test provisions that expand or elaborate on 
amendments proposed in the March 1995 proposed rule, and (3) procedural 
refinements that do not affect test burden. These amendments to 
Appendix J will have virtually no impact on manufacturer costs. For 
Appendix J1, which may be used in the future, the Department is 
updating the test procedures to reflect current consumer usage habits. 
Appendix J1 will not have a significant economic impact, since the 
methods it incorporates are already in use by manufacturers, and will 
not cause manufacturers to purchase equipment, significantly increase 
testing time, or employ technical staff beyond what is required by 
existing DOE test procedures.
    In addition, in some respects the test procedures in the final rule 
are less burdensome than the current procedures. For example:
     In Appendix J, the Department is relaxing specific 
equipment requirements which are irrelevant, and thus will provide 
greater flexibility in manufacturer equipment selection.
     In Appendix J1, manufacturers will not have to test warm 
wash temperature selections for clothes washers with uniformly 
distributed temperature selections.
    In summary, DOE believes that the final rule does not have a 
``significant economic impact on a substantial number of small 
entities,'' and that the preparation of a regulatory flexibility 
analysis was and is not warranted.

H. Review Under Executive Order 12988, ``Civil Justice Reform''

    With respect to the review of existing regulations and the 
promulgation of new regulations, section 3(a) of Executive Order 12988, 
``Civil Justice Reform,'' 61 FR 4729 (February 7, 1996), imposes on 
Executive agencies the general duty to adhere to the following 
requirements: (1) Eliminate drafting errors and ambiguity; (2) write 
regulations to minimize litigation; and (3) provide a clear legal 
standard for affected conduct rather than a general standard and 
promote simplification and burden reduction. With regard to the review 
required by section 3(a), section 3(b) of Executive Order 12988 
specifically requires that Executive agencies make every reasonable 
effort to ensure that the regulation: (1) Clearly specifies the 
preemptive effect, if any; (2) clearly specifies any effect on existing 
Federal law or regulation; (3) provides a clear legal standard for 
affected conduct while promoting simplification and burden reduction; 
(4) specifies the retroactive effect, if any; (5) adequately defines 
key terms; and (6) addresses other important issues affecting clarity 
and general draftsmanship under any guidelines issued by the Attorney 
General. Section 3 of Executive Order 12988 requires 
Executive agencies to review regulations in light of applicable 
standards in section 3(a) and section 3(b) to determine whether they 
are met or it is unreasonable to meet one or more of them. DOE has 
completed the required review and determined that, to the extent 
permitted by law, the final regulations meet the relevant standards of 
Executive Order 12988.

I. Review Under Small Business Regulatory Enforcement Fairness Act of 
1996

    As required by 5 U.S.C. 801, DOE will report to Congress 
promulgation of the rule prior to its effective date. 5 U.S.C. 801. The 
report will state that it has been determined that the rule is not a 
``major rule'' as defined by 5 U.S.C. 804(3).

List of Subjects in 10 CFR Part 430

    Administrative practice and procedure, Energy conservation, 
Household appliances.

    Issued in Washington, D.C., on August 20, 1997.
Brian T. Castelli,
Chief of Staff, Energy Efficiency and Renewable Energy.

    For the reasons set forth in the preamble, Part 430 of Chapter II 
of Title 10, of the Code of Federal Regulations is amended as set forth 
below:

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

    1. The authority citation for Part 430 continues to read as 
follows:

    Authority: 42 U.S.C. 6291-6309.

    2. Section 430.23 of Subpart B is amended by revising paragraph (j) 
to read as follows:


Sec. 430.23  Test procedures for measures of energy consumption.

* * * * *
    (j) Clothes washers. (1) The estimated annual operating cost for 
automatic and semi-automatic clothes washers shall be--

[[Page 45501]]

    (i) When electrically heated water is used, the product of the 
following three factors:
    (A) The representative average-use of 392 cycles per year,
    (B) The total per-cycle energy consumption in kilowatt-hours per 
cycle determined according to 4.1.6 of appendix J before appendix J1 
becomes mandatory and 4.1.7 of appendix J1 when appendix J1 becomes 
mandatory, (see the note at the beginning of appendix J1), and
    (C) The representative average unit cost in dollars per kilowatt-
hour as provided by the Secretary, the resulting product then being 
rounded off to the nearest dollar per year, and
    (ii) When gas-heated or oil-heated water is used, the product of: 
the representative average-use of 392 cycles per year and the sum of 
both:
    (A) The product of the per-cycle machine electrical energy 
consumption in kilowatt-hours per cycle, determined according to 4.1.5 
of appendix J before the date that appendix J1 to the subpart becomes 
mandatory or 4.1.6 of appendix J1 upon the date that appendix J1 to 
this subpart becomes mandatory, and the representative average unit 
cost in dollars per kilowatt-hours as provided by the Secretary, and
    (B) The product of the per-cycle water energy consumption for gas-
heated or oil-heated water in BTU per cycle, determined according to 
4.1.4 of appendix J before the date that appendix J1 becomes mandatory 
or 4.1.4 of appendix J1 upon the date that appendix J1 to this subpart 
becomes mandatory, and the representative average unit cost in dollars 
per Btu for oil or gas, as appropriate, as provided by the Secretary, 
the resulting product then being rounded off to the nearest dollar per 
year.
    (2)(i) The energy factor for automatic and semi-automatic clothes 
washers is determined in accordance with 4.5 of appendix J before the 
date that appendix J1 becomes mandatory or 4.5 of appendix J1 upon the 
date that appendix J1 to this subpart becomes mandatory. The result 
shall be rounded off to the nearest 0.01 cubic foot per kilowatt-hours.
    (ii) The modified energy factor for automatic and semi-automatic 
clothes washers is determined in accordance with 4.4 of appendix J 
before the date that appendix J1 becomes mandatory or 4.4 of appendix 
J1 upon the date that appendix J1 to this subpart becomes mandatory. 
The result shall be rounded off to the nearest 0.01 cubic foot per 
kilowatt-hours.
    (3) Other useful measures of energy consumption for automatic or 
semi-automatic clothes washers shall be those measures of energy 
consumption which the Secretary determines are likely to assist 
consumers in making purchasing decisions and which are derived from the 
application of appendix J before the date that appendix J1 becomes 
mandatory or appendix J1 upon the date that appendix J1 to this subpart 
becomes mandatory. In addition, the annual water consumption of a 
clothes washer can be determined by the product of:
    (A) The representative average-use of 392 cycles per year, and
    (B) The total weighted per-cycle water consumption in gallons per 
cycle determined according to 4.3.2 of appendix J before the date that 
appendix J1 becomes mandatory or 4.2.2 of appendix J1 upon the date 
that appendix J1 to this subpart becomes mandatory. The water 
consumption factor can be determined in accordance with 4.3.3 of 
appendix J before the date that appendix J1 becomes mandatory or 4.2.3 
of appendix J1 upon the date that appendix J1 to this subpart becomes 
mandatory. The remaining moisture content can be determined in 
accordance with 3.3 of appendix J before the date that appendix J1 
becomes mandatory or 3.8 of appendix J1 upon the date that appendix J1 
to this subpart becomes mandatory.
    3. Appendix J to Subpart B of Part 430 is revised to read as 
follows:

Appendix J to Subpart B of Part 430--Uniform Test Method for Measuring 
the Energy Consumption of Automatic and Semi-Automatic Clothes Washers

    The procedures and calculations in sections 3.3, 4.3, and 4.4 of 
this Appendix need not be performed to determine compliance with the 
energy conservation standards for clothes washers.

1. DEFINITIONS

    1.1  Adaptive control system means a clothes washer control 
system, other than an adaptive water fill control system, which is 
capable of automatically adjusting washer operation or washing 
conditions based on characteristics of the clothes load placed in 
the clothes container, without allowing or requiring consumer 
intervention or actions. The automatic adjustments may, for example, 
include automatic selection, modification, or control of any of the 
following: wash water temperature, agitation or tumble cycle time, 
number of rinse cycles, and spin speed. The characteristics of the 
clothes load, which could trigger such adjustments, could, for 
example, consist of or be indicated by the presence of either soil, 
soap, suds, or any other additive laundering substitute or 
complementary product.
    Note: Appendix J does not provide a means for determining the 
energy consumption of a clothes washer with an adaptive control 
system. Therefore, pursuant to 10 CFR 430.27, a waiver must be 
obtained to establish an acceptable test procedure for each such 
clothes washer.
    1.2  Adaptive water fill control system means 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 
clothes load placed in the clothes container, without allowing or 
requiring consumer intervention and/or actions.
    1.3  Bone-dry means a condition of a load of test cloth which 
has been dried in a dryer at maximum temperature for a minimum of 10 
minutes, removed and weighed before cool down, and then dried again 
for 10-minute periods until the final weight change of the load is 1 
percent or less.
    1.4  Clothes container means the compartment within the clothes 
washer that holds the clothes during operation of the machine.
    1.5  Compact means a clothes washer which has a clothes 
container capacity of less than 1.6 ft3 (45 L).
    1.6  Deep rinse cycle means a rinse cycle in which the clothes 
container is filled with water to a selected level and the clothes 
load is rinsed by agitating it or tumbling it through the water.
    1.7  Front-loader clothes washer means a clothes washer which 
sequentially rotates or tumbles portions of the clothes load above 
the water level allowing the clothes load to fall freely back into 
the water. The principal axis of the clothes container is in a 
horizontal plane and the access to the clothes container is through 
the front of the machine.
    1.8  Lockout means that at least one wash/rinse water 
temperature combination is not available in the normal cycle that is 
available in another cycle on the machine.
    1.9  Make-up water means the amount of fresh water needed to 
supplement the amount of stored water pumped from the external 
laundry tub back into the clothes washer when the suds-return 
feature is activated in order to achieve the required water fill 
level in the clothes washer.
    1.10  Modified energy factor means the quotient of the cubic 
foot (or liter) capacity of the clothes container divided by the 
total clothes washer energy consumption per cycle, with such energy 
consumption expressed as the sum of the machine electrical energy 
consumption, the hot water energy consumption, and the energy 
required for removal of the remaining moisture in the wash load.
    1.11  Most energy intensive cycle means the non-normal cycle 
that uses the most energy for a given wash/rinse temperature 
combination.
    1.12  Non-normal cycle means a cycle other than the normal 
cycle, but does not include any manually selected pre-wash, pre-
soak, and extra-rinse option.
    1.13  Nonwater-heating clothes washer means a clothes washer 
which does not have an internal water heating device to generate hot 
water.
    1.14  Normal cycle means the cycle recommended by the 
manufacturer for washing cotton and/or linen clothes.
    1.15  Sensor filled means a water fill control which 
automatically terminates the fill when the water reaches an 
appropriate level in the tub.

[[Page 45502]]

    1.16  Spray rinse cycle means a rinse cycle in which water is 
sprayed onto the clothes load for a definite period of time without 
maintaining any specific water level in the clothes container.
    1.17  Standard means a clothes washer which has a clothes 
container capacity of 1.6 ft \3\ (45 L) or greater.
    1.18  Suds-return means a feature or option on a clothes washer 
which causes the stored wash water obtained by utilizing the suds-
saver feature to be pumped from the external laundry tub back into 
the clothes washer.
    1.19  Suds-saver means a feature or option on a clothes washer 
which allows the user to store used wash water in an external 
laundry tub for use with subsequent wash loads.
    1.20  Temperature use factor means the percentage of the total 
number of washes a user would wash with a particular wash/rinse 
temperature setting.
    1.21  Thermostatically controlled water valves means clothes 
washer controls that have the ability to sense and adjust the hot 
and cold supply water.
    1.22  Time filled means a water fill control which uses a 
combination of water flow controls in conjunction with time to 
terminate the water fill cycle.
    1.23  Top-loader-horizontal-axis clothes washer means a clothes 
washer which: rotates or tumbles portions of the clothes load above 
the water level allowing the clothes load to fall freely back into 
the water with the principal axis in a horizontal plane and has 
access to the clothes container through the top of the clothes 
washer.
    1.24  Top-loader-vertical-axis clothes washer means a clothes 
washer that: flexes and oscillates the submerged clothes load 
through the water by means of mechanical agitation or other 
movement; has a clothes container with the principal axis in a 
vertical plane; and has access to the clothes container through the 
top of the clothes washer.
    1.25  Water consumption factor means the quotient of the total 
weighted per-cycle water consumption divided by the capacity of the 
clothes washer.
    1.26  Water-heating clothes washer means a clothes washer where 
some or all of the hot water for clothes washing is generated by a 
water heating device internal to the clothes washer.

2. TESTING CONDITIONS

    2.1  Installation. Install the clothes washer in accordance with 
manufacturer's instructions.
    2.2  Electrical energy supply. Maintain the electrical supply at 
the clothes washer terminal block within 2 percent of 120, 120/240 
or 120/208Y 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 specified by the manufacturer.
    2.3  Supply water. For nonwater-heating clothes washers not 
equipped with thermostatically controlled water valves, the 
temperature of the hot and cold water supply shall be maintained at 
100 deg.F10 deg.F (37.8 deg.C5.5 deg.C). For 
nonwater-heating clothes washers equipped with thermostatically 
controlled water valves, the temperature of the hot water supply 
shall be maintained at 140 deg.F5 deg.F 
(60.0 deg.C2.8 deg.C) and the cold water supply shall be 
maintained at 60 deg.F5 deg.F 
(15.6 deg.C2.8 deg.C). For water-heating clothes 
washers, the temperature of the hot water supply shall be maintained 
at 140 deg.F5 deg.F (60.0 deg.C2.8 deg.C) 
and the cold water supply shall not exceed 60 deg.F (15.6 deg.C). 
Water meters shall be installed in both the hot and cold water lines 
to measure water consumption.
    2.4  Water pressure. The static water pressure at the hot and 
cold water inlet connections of the machine shall be maintained 
during the test at 35 pounds per square inch gauge 
(psig)2.5 psig (241.3 kPa17.2 kPa). The 
static water pressure for a single water inlet connection shall be 
maintained during the test at 35 psig2.5 psig (241.3 
kPa17.2 kPa). Water pressure gauges shall be installed 
in both the hot and cold water lines to measure water pressure.
    2.5  Instrumentation. Perform all test measurements using the 
following instruments, as appropriate:
    2.5.1  Weighing scales.
    2.5.1.1  Weighing scale for test cloth. The scale shall have a 
resolution no larger than 0.2 oz (5.7 g) and a maximum error no 
greater than 0.3 percent of the measured value.
    2.5.1.2  Weighing scale for clothes container capacity 
measurements. The scale should have a resolution no larger than 0.50 
lbs (0.23 kg) and a maximum error no greater than 0.5 percent of the 
measured value.
    2.5.2  Watt-hour meter. The watt-hour meter shall have a 
resolution no larger than 1 Wh (3.6 kJ) and a maximum error no 
greater than 2 percent of the measured value for any demand greater 
than 50 Wh (180.0 kJ).
    2.5.3  Temperature measuring device. The device shall have an 
error no greater than 1 deg.F (0.6 deg.C) 
over the range being measured.
    2.5.4  Water meter. The water meter shall have a resolution no 
larger than 0.1 gallons (0.4 liters) and a maximum error no greater 
than 2 percent for all water flow rates from 1 gal/min (3.8 L/min) 
to 5 gal/min (18.9 L/min).
    2.5.5  Water pressure gauge. The water pressure gauge shall have 
a resolution no larger than 1 psig (6.9 kPa) and shall have an error 
no greater than 5 percent of any measured value over the range of 
32.5 psig (224.1 kPa) to 37.5 psig (258.6 kPa).
    2.6  Test cloths.
    2.6.1  Energy test cloth. The energy test cloth shall be clean 
and consist of the following:
    2.6.1.1  Pure finished bleached cloth, made with a momie or 
granite weave, which is 50 percent cotton and 50 percent polyester 
and weighs 5.75 oz/yd \2\ (195.0 g/m \2\) and has 65 ends on the 
warp and 57 picks on the fill.
    2.6.1.2  Cloth material that is 24 in by 36 in (61.0 cm by 91.4 
cm) and has been hemmed to 22 in by 34 in (55.9 cm by 86.4 cm) 
before washing. The maximum shrinkage after five washes shall not be 
more than four percent on the length and width.
    2.6.1.3  The number of test runs on the same energy test cloth 
shall not exceed 25 runs.
    2.6.2  Energy stuffer cloths. The energy stuffer cloths shall be 
made from energy test cloth material and shall consist of pieces of 
material that are 12 in by 12 in (30.5 cm by 30.5 cm) and have been 
hemmed to 10 in by 10 in (25.4 cm by 25.4 cm) before washing. The 
maximum shrinkage after five washes shall not be more than four 
percent on the length and width. The number of test runs on the same 
energy stuffer cloth shall not exceed 25 runs.
    2.7  Composition of test loads.
    2.7.1  Seven pound test load. The seven pound test load shall 
consist of bone-dry energy test cloths which weigh 7 lbs 
0.07 lbs (3.18 kg 0.03 kg). Adjustments to 
the test load to achieve the proper weight can be made by the use of 
energy stuffer cloths.
    2.7.2  Three pound test load. The three pound test load shall 
consist of bone-dry energy test cloths which weigh 3 lbs 
0.03 lbs (1.36 kg 0.014 kg). Adjustments to 
the test load to achieve the proper weight can be made by the use of 
energy stuffer cloths.
    2.8  Use of test loads.
    2.8.1  For a standard size clothes washer, a seven pound load, 
as described in section 2.7.1, shall be used to test the maximum 
water fill and a three pound test load, as described in section 
2.7.2, shall be used to test the minimum water fill.
    2.8.2  For a compact size clothes washer, a three pound test 
load as described in section 2.7.2 shall be used to test the maximum 
and minimum water fill levels.
    2.8.3  A vertical-axis clothes washer without adaptive water 
fill control system also shall be tested without a test load for 
purposes of calculating the energy factor.
    2.8.4  The test load sizes to be used to measure remaining 
moisture content (RMC) are specified in section 3.3.2.
    2.8.5  Load the energy test cloths by grasping them in the 
center, shaking them to hang loosely and then dropping them into the 
clothes container prior to activating the clothes washer.
    2.9  Preconditioning. If the clothes washer has not been filled 
with water in the preceding 96 hours, pre-condition it by running it 
through a cold rinse cycle and then draining it to ensure that the 
hose, pump, and sump are filled with water.
    2.10  Wash time setting. The actual wash time (period of 
agitation) shall be not less than 9.75 minutes.
    2.11  Agitation and spin speed settings. Where controls are 
provided for agitation and spin speed selections, set them as 
follows:
    2.11.1  For energy and water consumption tests, set at the 
normal cycle settings. If settings at the normal cycle are not 
offered, set the control settings to the maximum levels permitted on 
the clothes washer.
    2.11.2  For remaining moisture content tests, see section 3.3.

3. TEST MEASUREMENTS

    3.1  Clothes container capacity. Measure the entire volume which 
a dry clothes load could occupy within the clothes container during 
washer operation according to sections 3.1.1 through 3.1.5.
    3.1.1  Place the clothes washer in such a position that the 
uppermost edge of the clothes container opening is leveled 
horizontally, so that the container will hold the maximum amount of 
water.
    3.1.2  Line the inside of the clothes container with 2 mil 
(0.051 mm) plastic sheet. All clothes washer components which

[[Page 45503]]

occupy space within the clothes container and which are recommended 
for use with the energy test cycle shall be in place and shall be 
lined with 2 mil (0.051 mm) plastic sheet to prevent water from 
entering any void space.
    3.1.3  Record the total weight of the machine before adding 
water.
    3.1.4  Fill the clothes container manually with either 60 deg.F 
5 deg.F (15.6 deg.C 2.8 deg.C) or 100 deg.F 
10 deg.F (37.8 deg.C 5.5 deg.C) water to its 
uppermost edge. Measure and record the weight of water, W, in 
pounds.
    3.1.5  The clothes container capacity is calculated as follows:

C=W/d.

where:
C=Capacity in cubic feet (or liters).
W=Mass of water in pounds (or kilograms).
d=Density of water (62.0 lbs/ft 3 for 100 deg.F (993 kg/m 
3 for 37.8 deg.C) or 62.3 lbs/ft 3 for 
60 deg.F (998 kg/m 3 for 15.6 deg.C)).

    3.2  Test cycle. Establish the test conditions set forth in 
section 2 of this Appendix.
    3.2.1  A clothes washer that has infinite temperature selections 
shall be tested at the following temperature settings: hottest 
setting available on the machine, hot (a minimum of 140 deg.F 
(60.0 deg.C) and a maximum of 145 deg.F (62.8 deg.C)), warm (a 
minimum of 100 deg.F (37.8 deg.C) and a maximum of 105 deg.F 
(40.6 deg.C)), and coldest setting available on the machine. These 
temperatures must be confirmed by measurement using a temperature 
measuring device. If the measured final water temperature is not 
within the specified range, stop testing, adjust the temperature 
selector accordingly, and repeat the procedure.
    3.2.2  Clothes washers with adaptive water fill control system 
and/or unique temperature selections.
    3.2.2.1  Clothes washers with adaptive water fill control 
system. When testing a clothes washer that has adaptive water fill 
control, the maximum and the minimum test loads as specified in 
2.8.1 and 2.8.2 shall be used. The amount of water fill shall be 
determined by the control system. If the clothes washer provides 
consumer selection of variable water fill amounts for the adaptive 
water fill control system, two complete sets of tests shall be 
conducted. The first set of tests shall be conducted with the 
adaptive water fill control system set in the setting that will use 
the greatest amount of energy. The second set of tests shall be 
conducted with the adaptive water fill control system set in the 
setting that will use the smallest amount of energy. Then, the 
results from these two tests shall be averaged to determine the 
adaptive water fill energy consumption value. If a clothes washer 
with an adaptive water fill control system allows consumer selection 
of manual controls as an alternative, both the manual and adaptive 
modes shall be tested and the energy consumption values, 
ET, ME, and DE (if desired), 
calculated in section 4 for each mode, shall be averaged between the 
manual and adaptive modes.
    3.2.2.2  Clothes washers with multiple warm wash temperature 
combination selections.
    3.2.2.2.1  If a clothes washer's temperature combination 
selections are such that the temperature of each warm wash setting 
that is above the mean warm wash temperature (the mean temperature 
of the coldest and warmest warm settings) is matched by a warm wash 
setting that is an equal distance below the mean, then the energy 
test shall be conducted at the mean warm wash temperature if such a 
selection is provided, or if there is no position on the control 
that permits selection of the mean temperature, the energy test 
shall be conducted with the temperature selection set at the next 
hotter temperature setting that is available above the mean.
    3.2.2.2.2  If the multiple warm wash temperature combination 
selections do not meet criteria in section 3.2.2.2.1, the energy 
test shall be conducted with the temperature selection set at the 
warm wash temperature setting that gives the next higher water 
temperature than the mean temperature of the coldest and warmest 
warm settings.
    3.2.2.3  Clothes washers with multiple temperature settings 
within a temperature combination selection. When a clothes washer is 
provided with a secondary control that can modify the wash or rinse 
temperature within a temperature combination selection, the 
secondary control shall be set to provide the hottest wash 
temperature available and the hottest rinse temperature available. 
For instance, when the temperature combination selection is set for 
the middle warm wash temperature and a secondary control exists 
which allows this temperature to be increased or decreased, the 
secondary control shall be set to provide the hottest warm wash 
temperature available for the middle warm wash setting.
    3.2.3  Clothes washers that do not lockout any wash/rinse 
temperature combinations in the normal cycle. Test in the normal 
cycle all temperature combination selections that are required to be 
tested.
    3.2.3.1  Hot water consumption, cold water consumption, and 
electrical energy consumption at maximum fill. Set the water level 
selector at maximum fill available on the clothes washer, if 
manually controlled, and insert the appropriate test load, if 
applicable. Activate the normal cycle of the clothes washer and also 
any suds-saver switch.
    3.2.3.1.1  For automatic clothes washers, set the wash/rinse 
temperature selector to the hottest temperature combination setting. 
For semi-automatic clothes washers, open the hot water faucet valve 
completely and close the cold water faucet valve completely to 
achieve the hottest temperature combination setting.
    3.2.3.1.2  Measure the electrical energy consumption of the 
clothes washer for the complete cycle.
    3.2.3.1.3  Measure the respective number of gallons (or liters) 
of hot and cold water used to fill the tub for the wash cycle.
    3.2.3.1.4  Measure the respective number of gallons (or liters) 
of hot and cold water used for all deep rinse cycles.
    3.2.3.1.5  Measure the respective gallons (or liters) of hot and 
cold water used for all spray rinse cycles.
    3.2.3.1.6  For non-water-heating automatic clothes washers 
repeat sections 3.2.3.1.3 through 3.2.3.1.5 for each of the other 
wash/rinse temperature selections available that uses heated water 
and is required to be tested. For water-heating clothes washers, 
repeat sections 3.2.3.1.2 through 3.2.3.1.5 for each of the other 
wash/rinse temperature selections available that uses heated water 
and is required to be tested. (When calculating water consumption 
under section 4.3 for any machine covered by the previous two 
sentences, also test the cold wash/cold rinse selection.) For semi-
automatic clothes washers, repeat sections 3.2.3.1.3 through 
3.2.3.1.5 for the other wash/rinse temperature settings in section 6 
with the following water faucet valve adjustments:

----------------------------------------------------------------------------------------------------------------
                                                                  Faucet position                               
                                  ------------------------------------------------------------------------------
                                                  Hot valve                              Cold valve             
----------------------------------------------------------------------------------------------------------------
Hot..............................  Completely open.......................  Closed.                              
Warm.............................  Completely open.......................  Completely open.                     
Cold.............................  Closed................................  Completely open.                     
----------------------------------------------------------------------------------------------------------------

    3.2.3.1.7  If the clothes washer is equipped with a suds-saver 
cycle, repeat sections 3.2.3.1.2 to 3.2.3.1.5 with suds-saver switch 
set to suds return for the Warm/Cold temperature setting.
    3.2.3.2  Hot water consumption, cold water consumption, and 
electrical energy consumption with the water level selector at 
minimum fill. Set the water level selector at minimum fill, if 
manually controlled, and insert the appropriate test load, if 
applicable. Activate the normal cycle of the clothes washer and also 
any suds-saver switch. Repeat sections 3.2.3.1.1 through 3.2.3.1.7.
    3.2.3.3  Hot and cold water consumption for clothes washers that 
incorporate a partial fill during the rinse cycle. For clothes 
washers that incorporate a partial fill during the rinse cycle, 
activate any suds-saver switch and operate the clothes washer for 
the complete normal cycle at both the maximum water fill level and 
the minimum water fill level for each of the wash/rinse temperature 
selections available. Measure the respective hot and cold water 
consumed during the complete normal cycle.
    3.2.4  Clothes washers that lockout any wash/rinse temperature 
combinations in the normal cycle. In addition to the normal cycle 
tests in section 3.2.3, perform the following

[[Page 45504]]

tests on non-normal cycles for each wash/rinse temperature 
combination selection that is locked out in the normal cycle.
    3.2.4.1  Set the cycle selector to a non-normal cycle which has 
the wash/rinse temperature combination selection that is locked out. 
Set the water level selector at maximum fill and insert the 
appropriate test load, if applicable. Activate the cycle of the 
clothes washer and also any suds-saver switch. Set the wash/rinse 
temperature selector to the temperature combination setting that is 
locked out in the normal cycle and repeat sections 3.2.3.1.2 through 
3.2.3.1.5.
    3.2.4.2  Repeat section 3.2.4.1 under the same temperature 
combination setting for all other untested non-normal cycles on the 
machine that have the wash/rinse temperature combination selection 
that is locked out.
    3.2.4.3  Total the measured hot water consumption of the wash, 
deep rinse, and spray rinse of each non-normal cycle tested in 
sections 3.2.4.1 through 3.2.4.2 and compare the total for each 
cycle. The cycle that has the highest hot water consumption shall be 
the most energy intensive cycle for that particular wash/rinse 
temperature combination setting.
    3.2.4.4  Set the water level selector at minimum fill and insert 
the appropriate test load, if applicable. Activate the most energy 
intensive cycle, as determined in section 3.2.4.3, of the clothes 
washer and also any suds-saver switch. Repeat tests as described in 
section 3.2.4.1.
    3.3    Remaining Moisture Content (RMC).
    3.3.1  The wash temperature shall be the same as the rinse 
temperature for all testing.
    3.3.2  Determine the test load as shown in the following table:

------------------------------------------------------------------------
                   Container volume                         Test load   
------------------------------------------------------------------------
                                        liter    <             eq>  <         lb       kg  
------------------------------------------------------------------------
0-0.80................................   0-22.7            3.00     1.36
0.80-0.90.............................  22.7-25.5          3.50     1.59
0.90-1.00.............................  25.5-28.3          3.90     1.77
1.00-1.10.............................  28.3-31.1          4.30     1.95
1.10-1.20.............................  31.1-34.0          4.70     2.13
1.20-1.30.............................  34.0-36.8          5.10     2.31
1.30-1.40.............................  36.8-39.6          5.50     2.49
1.40-1.50.............................  39.6-42.5          5.90     2.68
1.50-1.60.............................  42.5-45.3          6.40     2.90
1.60-1.70.............................  45.3-48.1          6.80     3.08
1.70-1.80.............................  48.1-51.0          7.20     3.27
1.80-1.90.............................  51.0-53.8          7.60     3.45
1.90-2.00.............................  53.8-56.6          8.00     3.63
2.00-2.10.............................  56.6-59.5          8.40     3.81
2.10-2.20.............................  59.5-62.3          8.80     3.99
2.20-2.30.............................  62.3-65.1          9.20     4.17
2.30-2.40.............................  65.1-68.0          9.60     4.35
2.40-2.50.............................  68.0-70.8         10.00     4.54
2.50-2.60.............................  70.8-73.6         10.50     4.76
2.60-2.70.............................  73.6-76.5         10.90     4.94
2.70-2.80.............................  76.5-79.3         11.30     5.13
2.80-2.90.............................  79.3-82.1         11.70     5.31
2.90-3.00.............................  82.1-85.0         12.10     5.49
3.00-3.10.............................  85.0-87.8         12.50     5.67
3.10-3.20.............................  87.8-90.6         12.90     5.85
3.20-3.30.............................  90.6-93.4         13.30     6.03
3.30-3.40.............................  93.4-96.3         13.70     6.21
3.40-3.50.............................  96.3-99.1         14.10     6.40
3.50-3.60.............................  99.1-101.9        14.60     6.62
3.60-3.70.............................  101.9-104.8       15.00     6.80
3.70-3.80.............................  104.8-107.6       15.40     6.99
------------------------------------------------------------------------
Notes:                                                                  
(1) All test load weights are bone dry weights.                         
(2) Allowable tolerance on the test load weights are +/-0.10 lbs (0.05  
  kg).                                                                  

    3.3.3  For clothes washers with cold rinse only.
    3.3.3.1  Record the actual bone dry weight of the test load 
(WI), then place the test load in the clothes washer.
    3.3.3.2  Set water level selector to maximum fill.
    3.3.3.3  Run the normal cycle.
    3.3.3.4  Record the weight of the test load immediately after 
completion of the normal cycle (WC).
    3.3.3.5  Calculate the remaining moisture content of the test 
load, RMC, expressed as a percentage and defined as:

RMC=[(WC-WI)/WI] x 100%

    3.3.4  For clothes washers with cold and warm rinse options.
    3.3.4.1  Complete steps 3.3.3.1 through 3.3.3.4 for the cold 
rinse. Calculate the remaining moisture content of the test load for 
cold rinse, RMCCOLD, expressed as a percentage and 
defined as:

RMCCOLD=[(WC-WI)/WI] x 100%

    3.3.4.2  Complete steps 3.3.3.1 through 3.3.3.4 for the warm 
rinse. Calculate the remaining moisture content of the test load for 
warm rinse, RMCWARM, expressed as a percentage and 
defined as:

RMCWARM=[(WC-WI)/WI] x 100%

    3.3.4.3  Calculate the remaining moisture content of the test 
load, RMC, expressed as a percentage and defined as:

RMC=0.73 x RMCCOLD+0.27 x RMCWARM

    3.3.5  Clothes washers which have options that result in 
different RMC values, such as multiple selection of spin speeds or 
spin times that are available in the normal cycle, shall be tested 
at the maximum and minimum settings of the available options, 
excluding any ``no spin'' (zero spin speed) settings, in accordance 
with requirements in 3.3.3 or 3.3.4. The calculated 
RMCmax extraction and RMCmin extraction at the 
maximum and minimum settings, respectively, shall be combined as 
follows and the final RMC to be used in section 4.2 shall be:

RMC=0.75 x RMCmax extraction+0.25 x 
    RMCmin extraction
    3.4  Data recording. Record for each test cycle in sections 
3.2.1 through 3.3.5.
    3.4.1  For non-water-heating clothes washers, record the 
kilowatt-hours of electrical energy, ME, consumed during 
the test to operate the clothes washer in section

[[Page 45505]]

3.2.3.1.2. For water-heating clothes washers record the kilowatt-
hours of electrical energy, Ehi consumed at maximum fill 
in sections 3.2.3.1.2 and 3.2.3.1.6, and Ehj consumed at 
minimum fill in section 3.2.3.2.
    3.4.2  Record the individual gallons (or liters) of hot and cold 
water consumption, Vhi and Vci, measured at 
maximum fill level for each wash/rinse temperature combination 
setting tested in section 3.2.3, or in both 3.2.3 and 3.2.4, 
excluding any fresh make-up water required to complete the fill 
during a suds-return cycle.
    3.4.3  Record the individual gallons (or liters) of hot and cold 
water consumption, Vhj and Vcj, measured at 
minimum fill level for each wash/rinse temperature combination 
setting tested in section 3.2.3, or in both 3.2.3 and 3.2.4, 
excluding any fresh make-up water required to complete the fill 
during a suds-return cycle.
    3.4.4  Record the individual gallons (or liters) of hot and cold 
water, ShH and ScH, measured at maximum fill 
for the suds-return cycle.
    3.4.5  Record the individual gallons (or liters) of hot and cold 
water, ShL and ScL, measured at minimum fill 
for the suds-return cycle.
    3.4.6  Data recording requirements for RMC tests are listed in 
sections 3.3.3 through 3.3.5.

4. CALCULATION OF DERIVED RESULTS FROM TEST MEASUREMENTS

    4.1  Energy consumption.
    4.1.1  Per-cycle temperature-weighted hot water consumption for 
maximum and minimum water fill levels. Calculate for the cycle under 
test the per-cycle temperature weighted hot water consumption for 
the maximum water fill level, Vhmax, and for the minimum 
water fill level, Vhmin, expressed in gallons per cycle 
(or liters per cycle) and defined as:
[GRAPHIC] [TIFF OMITTED] TR27AU97.000

where:
Vhi=reported hot water consumption in gallons per cycle 
(or liters per cycle) at maximum fill for each wash/rinse 
temperature combination setting, as provided in section 3.4.2. If a 
clothes washer is equipped with two or more different wash/rinse 
temperature selections that have the same basic temperature 
combination selection label (for example, one of them has its water 
temperature controlled by thermostatically controlled valves and the 
other one does not), then the largest Vhi shall be used 
for this calculation. If a clothes washer has lockout(s), there will 
be ``Vhi's'' for wash/rinse temperature combination 
settings available in the normal cycle and ``Vhi's'' for 
wash/rinse temperature combination settings in the most energy 
intensive cycle.
Vhj=reported hot water consumption in gallons per cycle 
(or liters per cycle) at minimum fill for each wash/rinse 
temperature combination setting, as provided in section 3.4.3. If a 
clothes washer is equipped with two or more different wash/rinse 
temperature selections that have the same basic temperature 
combination selection label (for example, one of them has its water 
temperature controlled by thermostatically controlled valves and the 
other one does not), then the largest Vhj shall be used 
for the calculation. If a clothes washer has lockouts, there will be 
``Vhj's'' for wash/rinse temperature combination settings 
available in the normal cycle and ``Vhj's'' for wash/
rinse temperature combination settings in the most energy intensive 
cycle.
L=lockout factor to be applied to the reported hot water 
consumption. For wash/rinse temperature combination settings that 
are not locked out in the normal cycle, L=1. For each wash/rinse 
temperature combination setting that is locked out in the normal 
cycle, L=0.32 in the normal cycle and L=0.68, in the most energy 
intensive cycle.
TUFi=applicable temperature use factor in section 5 or 6.
TUFj=applicable temperature use factor in section 5 or 6.
n=number of wash/rinse temperature combination settings available to 
the user for the clothes washer under test. For clothes washers that 
lockout temperature selections in the normal cycle, n=the number of 
wash/rinse temperature combination settings on the washers plus the 
number of wash/rinse temperature combination settings that lockout 
the temperature selections in the normal cycle.
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.
ShL=fresh hot make-up water measured during suds-return 
cycle at minimum water fill level.

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

X1=1.0
X2=0.0
    4.1.2  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 fill level, 
Emin, expressed in kilowatt-hours per cycle and defined 
as:

Emax=[Vhmax x T x K x MF]

Emin=[Vhmin x T x K x MF]

where:
T=temperature rise=90 deg.F (50 deg.C).
K=water specific heat=0.00240 kWh/(gal- deg.F) [0.00114kWh/(L- 
deg.C)].
Vhmax=as defined in section 4.1.1.
Vhmin=as defined in section 4.1.1.
MF=multiplying factor to account for absence of test load=0.94 for 
top-loader vertical axis clothes washers that are sensor filled, 1.0 
for all other clothes washers.

    4.1.3  Total weighted per-cycle hot water energy consumption 
expressed in kilowatt-hours. Calculate the total weighted per cycle 
hot water energy consumption, ET, expressed in kilowatt-
hours per cycle and defined as:

ET=[Emax x Fmax]+[Emin x 
Fmin]
where:
Fmax=usage fill factor=0.72.
Fmin=usage fill factor=0.28.
Emax=as defined in section 4.1.2.
Emin=as defined in section 4.1.2.
    4.1.4  Per-cycle water energy consumption using gas-heated or 
oil-heated water. Calculate for the normal cycle the per-cycle 
energy consumption, ETG, using gas-heated or oil-heated 
water, expressed in Btu per cycle (or megajoules per cycle) and 
defined as:
[GRAPHIC] [TIFF OMITTED] TR27AU97.001


[[Page 45506]]


where:
e=nominal gas or oil water heater efficiency=0.75.
ET=as defined in section 4.1.3.

    4.1.5  Per-cycle machine electrical energy consumption.
    4.1.5.1  Non-water-heating clothes washers. The electrical 
energy value recorded for the maximum fill in section 3.4.1 is the 
per-cycle machine electrical energy consumption, ME, 
expressed in kilowatt-hours per cycle.
    4.1.5.2  Water-heating clothes washers.
    4.1.5.2.1  Calculate for the cycle under test the per-cycle 
temperature weighted electrical energy consumption for the maximum 
water fill level, Ehmax, and for the minimum water fill 
level, Ehmin, expressed in kilowatt-hours per cycle and 
defined as:
[GRAPHIC] [TIFF OMITTED] TR27AU97.002

where:
Ehi=reported electrical energy consumption in kilowatt-
hours per cycle at maximum fill for each wash/cycle temperature 
combination setting, as provided in section 3.4.1.
TUFi=applicable temperature use factor in section 5 or 6.
n=number of wash/rinse temperature combination settings available to 
the user for the clothes washer under test.

and
[GRAPHIC] [TIFF OMITTED] TR27AU97.003

where:
Ehj=reported electrical energy consumption in kilowatt-
hours per cycle at minimum fill for each wash/rinse temperature 
combination setting, as provided in section 3.4.1.
TUFj=applicable temperature use factor in section 5 or 6.
n=as defined above in this section.

    4.1.5.2.2  Weighted per-cycle machine electrical energy 
consumption. Calculate the weighted per cycle machine energy 
consumption, ME, expressed in kilowatt-hours per cycle 
and defined as:

ME=[Ehmax x Fmax]+[Ehmin x 
Fmin]

where:
Fmax=as defined in section 4.1.3.
Fmin=as defined in section 4.1.3.
Ehmax=as defined in section 4.1.5.2.1.
Ehmin=as defined in section 4.1.5.2.1

    4.1.6  Total per-cycle energy consumption when electrically 
heated water is used. Calculate for the normal cycle the total per-
cycle energy consumption, ETE, using electrically heated 
water, expressed in kilowatt-hours per cycle and defined as:

ETE=ET+ME

where:
ET=as defined in section 4.1.3.
ME=as defined in section 4.1.5.1 or 4.1.5.2.2.

    4.2  Per-cycle energy consumption for removal of RMC. Calculate 
the amount of energy per cycle required to remove RMC. Such amount 
is DE, expressed in kilowatt-hours per cycle and defined 
as:

DE=(LAF) x (test load weight) x (RMC-4%) x (DEF) x (DUF)

where:
LAF=load adjustment factor=0.52.
Test load weight=as shown in test load table in 3.3.2 expressed in 
lbs/cycle.
RMC=as defined in 3.3.3.5, 3.3.4.3, or 3.3.5.
DEF=nominal energy required for a clothes dryer to remove moisture 
from clothes=0.5 kWh/lb (1.1 kWh/kg).
DUF=dryer usage factor, percentage of washer loads dried in a 
clothes dryer=0.84.

    4.3  Water consumption.
    4.3.1  Per-cycle temperature-weighted water consumption for 
maximum and minimum water fill levels. To determine these amounts, 
calculate for the cycle under test the per-cycle temperature-
weighted total water consumption for the maximum water fill level, 
Qmax, and for the minimum water fill level, 
Qmin, expressed in gallons per cycle (or liters per 
cycle) and defined as:
[GRAPHIC] [TIFF OMITTED] TR27AU97.004

where:
Vhi=hot water consumption in gallons per-cycle at maximum 
fill for each wash/rinse temperature combination setting, as 
provided in section 3.4.2.
Vci=total cold water consumption in gallons per-cycle at 
maximum fill for each wash/rinse temperature combination setting, 
cold wash/cold rinse cycle, as provided in section 3.4.2.
TUFi=applicable temperature use factor in section 5 or 6.
n=number of wash/rinse temperature combination settings available to 
the user for the clothes washer under test.
TUFw=temperature use factor for warm wash setting.

    For clothes washers equipped with suds-saver feature:

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

    For clothes washers not equipped with suds-saver feature:

X1=1.0
X2=0.0

and
[GRAPHIC] [TIFF OMITTED] TR27AU97.005

where:

Vhj=hot water consumption in gallons per cycle (or liters 
per cycle) at minimum fill for each wash/rinse temperature 
combination setting, as provided in section 3.4.3.
Vcj=cold water consumption in gallons per cycle (or 
liters per cycle) at minimum fill for each wash/rinse temperature 
combination setting, cold wash/cold rinse cycle, as provided in 
section 3.4.3.
TUFj=applicable temperature use factor in section 5 or 6.
ShL=fresh hot make-up water measured during suds-return 
cycle at minimum water fill level.
ScL=fresh cold make-up water measured during suds-return 
cycle at minimum water fill level.
n=as defined above in this section.
TUFw=as defined above in this section.
X1=as defined above in this section.
X2=as defined above in this section.

    4.3.2  Total weighted per-cycle water consumption. To determine 
this amount, calculate the total weighted per cycle water 
consumption, QT, expressed in gallons per cycle (or 
liters per cycle) and defined as:

QT=[Qmax x Fmax]+[Qmin x 
Fmin]

where:
Fmax=as defined in section 4.1.3.
Fmin=as defined in section 4.1.3.
Qmax=as defined in section 4.3.1.
Qmin=as defined in section 4.3.1.

    4.3.3  Water consumption factor. The following calculates the 
water consumption factor, WCF, expressed in gallon per cycle per 
cubic foot (or liter per cycle per liter):

WCF=QT/C
where:


[[Page 45507]]


C=as defined in section 3.1.5.
QT=as defined in section 4.3.2.

    4.4  Modified energy factor. The following calculates the 
modified energy factor, MEF, expressed in cubic feet per kilowatt-
hours per cycle (or liters per kilowatt-hours per cycle):
[GRAPHIC] [TIFF OMITTED] TR27AU97.006

where:
C=as defined in section 3.1.5.
ME=as defined in section 4.1.5.1 or 4.1.5.2.2.
ET=as defined in section 4.1.3.
DE=as defined in section 4.2.

    4.5  Energy factor. Calculate the energy factor, EF, expressed 
in cubic feet per kilowatt-hours per cycle (or liters per kilowatt-
hours per cycle), as:
[GRAPHIC] [TIFF OMITTED] TR27AU97.007

where:
C=as defined in section 3.1.5.
ME=as defined in section 4.1.5.1 or 4.1.5.2.2.
ET=as defined in section 4.1.3.

5. APPLICABLE TEMPERATURE USE FACTORS FOR DETERMINING HOT WATER USAGE 
FOR VARIOUS WASH/RINSE TEMPERATURE SELECTIONS FOR ALL AUTOMATIC CLOTHES 
WASHERS

    5.1  Clothes washers with discrete temperature selections.
    5.1.1  Five-temperature selection (n=5).

------------------------------------------------------------------------
                                                            Temperature 
             Wash/rinse temperature  setting                Use Factor  
                                                               (TUF)    
------------------------------------------------------------------------
Hot/Warm................................................            0.18
Hot/Cold................................................             .12
Warm/Warm...............................................             .30
Warm/Cold...............................................             .25
Cold/Cold...............................................             .15
------------------------------------------------------------------------

    5.1.2  Four-temperature selection (n=4).

------------------------------------------------------------------------
                                                            Temperature 
             Wash/rinse temperature  setting                Use Factor  
                                                               (TUF)    
------------------------------------------------------------------------
Alternate I:                                                            
  Hot/Warm..............................................            0.18
  Hot/Cold..............................................             .12
  Warm/Cold.............................................             .55
  Cold/Cold.............................................             .15
Alternate II:                                                           
  Hot/Warm..............................................            0.18
  Hot/Cold..............................................             .12
  Warm/Warm.............................................             .30
  Warm/Cold.............................................             .40
Alternate III:                                                          
  Hot/Cold..............................................            0.12
  Warm/Warm.............................................             .18
  Warm/Cold.............................................             .55
  Cold/Cold.............................................             .15
------------------------------------------------------------------------

    5.1.3  Three-temperature selection (n=3).

------------------------------------------------------------------------
                                                            Temperature 
             Wash/rinse temperature  setting                Use Factor  
                                                               (TUF)    
------------------------------------------------------------------------
Alternate I:                                                            
  Hot/Warm..............................................            0.30
  Warm/Cold.............................................             .55
  Cold/Cold.............................................             .15
Alternate II:                                                           
  Hot/Cold..............................................            0.30
  Warm/Cold.............................................             .55
  Cold/Cold.............................................             .15
Alternate III:                                                          
  Hot/Cold..............................................            0.30
  Warm/Warm.............................................             .55
  Cold/Cold.............................................             .15
------------------------------------------------------------------------

    5.1.4  Two-temperature selection (n=2).

------------------------------------------------------------------------
                                                            Temperature 
             Wash/rinse temperature  setting                Use Factor  
                                                               (TUF)    
------------------------------------------------------------------------
Any heated water/Cold...................................            0.85
Cold/Cold...............................................             .15
------------------------------------------------------------------------

    5.1.5  One-temperature selection (n=1).

------------------------------------------------------------------------
                                                            Temperature 
             Wash/rinse temperature  setting                Use Factor  
                                                               (TUF)    
------------------------------------------------------------------------
Any.....................................................            1.00
------------------------------------------------------------------------

    5.2  Clothes washers with infinite temperature selections.

------------------------------------------------------------------------
                                                  Temperature Use Factor
                                                          (TUF)         
                                                ------------------------
       Wash/rinse tempera-  ture setting              > 140  
                                                  140 deg.F    deg.F (60
                                                  (60 deg.C)    deg.C)  
                                                    (n=3)        (n=4)  
------------------------------------------------------------------------
Extra-hot......................................  ...........        0.05
Hot............................................        0.30         0.25
Warm...........................................        0.55         0.55
Cold...........................................        0.15         0.15
------------------------------------------------------------------------

6. APPLICABLE TEMPERATURE USE FACTORS FOR DETERMINING HOT WATER USAGE 
FOR VARIOUS WASH/RINSE TEMPERATURE SETTINGS FOR ALL SEMI-AUTOMATIC, 
NON-WATER-HEATING, CLOTHES WASHERS

    6.1  Six-temperature settings (n=6).

------------------------------------------------------------------------
                                                            Temperature 
             Wash/rinse temperature  setting                Use Factor  
                                                               (TUF)    
------------------------------------------------------------------------
Hot/Hot.................................................            0.15
Hot/Warm................................................             .09
Hot/Cold................................................             .06
Warm/Warm...............................................             .42
Warm/Cold...............................................             .13
Cold/Cold...............................................             .15
------------------------------------------------------------------------

7. WAIVERS AND FIELD TESTING

    7.1  Waivers and Field Testing for Non-conventional Clothes 
Washers. Manufacturers of non-conventional clothes washers, such as 
clothes washers with adaptive control systems, must submit a 
petition for waiver pursuant to 10 CFR 430.27 to establish an 
acceptable test procedure for that clothes washer. For these and 
other clothes washers that have controls or systems such that the 
DOE test procedures yield results that are so unrepresentative of 
the clothes washer's true energy consumption characteristics as to 
provide materially inaccurate comparative data, field testing may be 
appropriate for establishing an acceptable test procedure. The 
following are guidelines for field testing which may be used by 
manufacturers in support of petitions for waiver. These guidelines 
are not mandatory and the Department may determine that they do not 
apply to a particular model. Depending upon a manufacturer's 
approach for conducting field testing, additional data may be 
required. Manufacturers are encouraged to communicate with the 
Department prior to the commencement of field tests which may be 
used to support a petition for waiver. Section 7.3 provides an 
example of field testing for a clothes washer with an adaptive water 
fill control system. Other features, such as the use of various spin 
speed selections, could be the subject of field tests.
    7.2  Non-conventional Wash System Energy Consumption Test. The 
field test may consist of a minimum of 10 of the nonconventional 
clothes washers (``test clothes washers'') and 10 clothes washers 
already being distributed in commerce (``base clothes washers''). 
The tests should include a minimum of 50 normal test cycles per 
clothes washer. The test clothes washers and base clothes washers 
should be identical in construction except for the controls or 
systems being tested. Equal numbers of both the test clothes washer 
and the base clothes washer should be tested simultaneously in 
comparable settings to minimize seasonal and/or consumer laundering 
conditions and/or variations. The clothes washers should be 
monitored in such a way as to accurately record the total energy 
consumption per cycle. At a minimum, the following should be 
measured and recorded throughout the test period for each clothes 
washer: Hot water usage in gallons (or liters), electrical energy 
usage in kilowatt-hours, and the cycles of usage. The field test 
results would be used to determine the best method to correlate the 
rating of the test clothes washer to the rating of the base clothes 
washer. If the base clothes washer is rated at A kWh per year, but 
field tests at B kWh per year, and the test clothes washer field 
tests at D kWh per year, the test unit would be rated as follows:

A x (D/B)=G kWh per year

    7.3  Adaptive water fill control system field test. Section 
3.2.2.1 defines the test method for measuring energy consumption for 
clothes washers which incorporate control systems having both 
adaptive and alternate manual selections. Energy consumption 
calculated by the method defined in section 3.2.2.1 assumes the 
adaptive cycle will be used 50 percent of the time. This section can 
be used to develop field test data in support of a petition for 
waiver when it is believed that the adaptive cycle will be used more 
than 50 percent of the time. The field test sample size should be a 
minimum of 10 test clothes washers. The test clothes washers should 
be totally representative of the design, construction,

[[Page 45508]]

and control system that will be placed in commerce. The duration of 
field testing in the user's house should be a minimum of 50 normal 
test cycles, for each unit. No special instructions as to cycle 
selection or product usage should be given to the field test 
participants, other than inclusion of the product literature pack 
which should be shipped with all units, and instructions regarding 
filling out data collection forms, use of data collection equipment, 
or basic procedural methods. Prior to the test clothes washers being 
installed in the field test locations, baseline data should be 
developed for all field test units by conducting laboratory tests as 
defined by section 1 through section 6 of these test procedures to 
determine the energy consumption values. The following data should 
be measured and recorded for each wash load during the test period: 
wash cycle selected, the mode of the clothes washer (adaptive or 
manual), clothes load dry weight (measured after the clothes washer 
and clothes dryer cycles are completed) in pounds, and type of 
articles in the clothes load (i.e., cottons, linens, permanent 
press, etc.). The wash loads used in calculating the in-home 
percentage split between adaptive and manual cycle usage should be 
only those wash loads which conform to the definition of the normal 
test cycle.
    Calculate:

T=The total number of normal test cycles run during the field test
Ta=The total number of adaptive control normal test 
cycles
Tm=The total number of manual control normal test cycles

    The percentage weighting factors:

Pa=(Ta/T) x 100 (the percentage weighting for 
adaptive control selection)
Pm=(Tm/T) x 100 (the percentage weighting for 
manual control selection)

    Energy consumption values, ET, ME, and 
DE (if desired) calculated in section 4 for the manual 
and adaptive modes, should be combined using Pa and 
Pm as the weighting factors.

    4. Appendix J1 is added to Subpart B of Part 430 as follows:

Appendix J1 to Subpart B of Part 430--Uniform Test Method for Measuring 
the Energy Consumption of Automatic and Semi-Automatic Clothes Washers

    Note: Appendix J1 to subpart B of part 430 is informational. It 
will not become mandatory until the energy conservation standards 
for clothes washers at 10 CFR 430.32(g) are amended and Appendix J 
is removed by a rule published in the Federal Register.

1. DEFINITIONS AND SYMBOLS

    1.1  Adaptive control system means a clothes washer control 
system, other than an adaptive water fill control system, which is 
capable of automatically adjusting washer operation or washing 
conditions based on characteristics of the clothes load placed in 
the clothes container, without allowing or requiring consumer 
intervention or actions. The automatic adjustments may, for example, 
include automatic selection, modification, or control of any of the 
following: wash water temperature, agitation or tumble cycle time, 
number of rinse cycles, and spin speed. The characteristics of the 
clothes load, which could trigger such adjustments, could, for 
example, consist of or be indicated by the presence of either soil, 
soap, suds, or any other additive laundering substitute or 
complementary product.
    Note: Appendix J1 does not provide a means for determining the 
energy consumption of a clothes washer with an adaptive control 
system. Therefore, pursuant to 10 CFR 430.27, a waiver must be 
obtained to establish an acceptable test procedure for each such 
clothes washer.
    1.2  Adaptive water fill control system means 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 
clothes load placed in the clothes container, without allowing or 
requiring consumer intervention or actions.
    1.3  Bone-dry means a condition of a load of test cloth which 
has been dried in a dryer at maximum temperature for a minimum of 10 
minutes, removed and weighed before cool down, and then dried again 
for 10 minute periods until the final weight change of the load is 1 
percent or less.
    1.4  Clothes container means the compartment within the clothes 
washer that holds the clothes during the operation of the machine.
    1.5  Compact means a clothes washer which has a clothes 
container capacity of less than 1.6 ft3 (45 L).
    1.6  Deep rinse cycle means a rinse cycle in which the clothes 
container is filled with water to a selected level and the clothes 
load is rinsed by agitating it or tumbling it through the water.
    1.7  Energy test cycle for a basic model means (A) the cycle 
recommended by the manufacturer for washing cotton or linen clothes, 
and includes all wash/rinse temperature selections and water levels 
offered in that cycle, and (B) for each other wash/rinse temperature 
selection or water level available on that basic model, the 
portion(s) of other cycle(s) with that temperature selection or 
water level that, when tested pursuant to these test procedures, 
will contribute to an accurate representation of the energy 
consumption of the basic model as used by consumers. Any cycle under 
(A) or (B) shall include the agitation/tumble operation, spin 
speed(s), wash times, and rinse times applicable to that cycle, 
including water heating time for water heating clothes washers.
    1.8  Load use factor means the percentage of the total number of 
wash loads that a user would wash a particular size (weight) load.
    1.9  Manual control system means a clothes washer control system 
which requires that the consumer make the choices that determine 
washer operation or washing conditions, such as, for example, wash/
rinse temperature selections, and wash time before starting the 
cycle.
    1.10  Manual water fill control system means a clothes washer 
water fill control system which requires the consumer to determine 
or select the water fill level.
    1.11  Modified energy factor means the quotient of the cubic 
foot (or liter) capacity of the clothes container divided by the 
total clothes washer energy consumption per cycle, with such energy 
consumption expressed as the sum of the machine electrical energy 
consumption, the hot water energy consumption, and the energy 
required for removal of the remaining moisture in the wash load.
    1.12  Non-water-heating clothes washer means a clothes washer 
which does not have an internal water heating device to generate hot 
water.
    1.13  Spray rinse cycle means a rinse cycle in which water is 
sprayed onto the clothes for a period of time without maintaining 
any specific water level in the clothes container.
    1.14  Standard means a clothes washer which has a clothes 
container capacity of 1.6 ft3 (45 L) or greater.
    1.15  Temperature use factor means, for a particular wash/rinse 
temperature setting, the percentage of the total number of wash 
loads that an average user would wash with that setting.
    1.16  Thermostatically controlled water valves means clothes 
washer controls that have the ability to sense and adjust the hot 
and cold supply water.
    1.17  Uniformly distributed warm wash temperature selection(s) 
means (A) multiple warm wash selections for which the warm wash 
water temperatures have a linear relationship with all discrete warm 
wash selections when the water temperatures are plotted against 
equally spaced consecutive warm wash selections between the hottest 
warm wash and the coldest warm wash. If the warm wash has infinite 
selections, the warm wash water temperature has a linear 
relationship with the distance on the selection device (e.g. dial 
angle or slide movement) between the hottest warm wash and the 
coldest warm wash. The criteria for a linear relationship as 
specified above is that the difference between the actual water 
temperature at any warm wash selection and the point where that 
temperature is depicted on the temperature/selection line formed by 
connecting the warmest and the coldest warm selections is less than 
5 percent. In all cases, the mean water temperature of 
the warmest and the coldest warm selections must coincide with the 
mean of the ``hot wash'' (maximum wash temperature 
135 deg.F (57.2 deg.C)) and ``cold wash'' (minimum wash 
temperature) water temperatures within 3.8 deg.F 
(2.1 deg.C); or (B) on a clothes washer with only one 
warm wash temperature selection, a warm wash temperature selection 
with a water temperature that coincides with the mean of the ``hot 
wash'' (maximum wash temperature 135 deg.F (57.2 deg.C)) 
and ``cold wash'' (minimum wash temperature) water temperatures 
within 3.8 deg.F (2.1 deg.C).
    1.18  Warm wash means all wash temperature selections that are 
below the hottest hot, less than 135 deg.F (57.2 deg.C), and above 
the coldest cold temperature selection.
    1.19  Water consumption factor means the quotient of the total 
weighted per-cycle water consumption divided by the cubic foot (or 
liter) capacity of the clothes washer.
    1.20  Water-heating clothes washer means a clothes washer where 
some or all of the hot water for clothes washing is generated by a 
water heating device internal to the clothes washer.

[[Page 45509]]

    1.21  Symbol usage. The following identity relationships are 
provided to help clarify the symbology used throughout this 
procedure.

E--Electrical Energy Consumption
H--Hot Water Consumption
C--Cold Water Consumption
R--Hot Water Consumed by Warm Rinse
ER--Electrical Energy Consumed by Warm Rinse
TUF--Temperature Use Factor
HE--Hot Water Energy Consumption
F--Load Usage Factor
Q--Total Water Consumption
ME--Machine Electrical Energy Consumption
RMC--Remaining Moisture Content
WI--Initial Weight of Dry Test Load
WC--Weight of Test Load After Extraction
m--Extra Hot Wash (maximum wash temp. >135 deg.F (57.2 deg.C.))
h--Hot Wash (maximum wash temp. 135 deg.F (57.2 deg.C.))
w--Warm Wash
c--Cold Wash (minimum wash temp.)
r--Warm Rinse (hottest rinse temp.)
x or max--Maximum Test Load
a or avg--Average Test Load
n or min--Minimum Test Load

    The following examples are provided to show how the above 
symbols can be used to define variables:

Emx=``Electrical Energy Consumption'' for an ``Extra Hot 
Wash'' and ``Maximum Test Load''
Ra=``Hot Water Consumed by Warm Rinse'' for the ``Average 
Test Load''
TUFm=``Temperature Use Factor'' for an ``Extra Hot Wash''
HEmin=``Hot Water Energy Consumption'' for the ``Minimum 
Test Load''

2. TESTING CONDITIONS

    2.1  Installation. Install the clothes washer in accordance with 
manufacturer's instructions.
    2.2  Electrical energy supply. Maintain the electrical supply at 
the clothes washer terminal block within 2 percent of 120, 120/240, 
or 120/208Y volts as applicable to the particular terminal block 
wiring system and within 2 percent of the nameplate frequency as 
specified by the manufacturer. If the clothes washer has a dual 
voltage conversion capability, conduct test at the highest voltage 
specified by the manufacturer.
    2.3  Supply Water.
    2.3.1  Clothes washers in which electrical energy consumption or 
water energy consumption are affected by the inlet water 
temperature. (For example, water heating clothes washers or clothes 
washers with thermostatically controlled water valves.). The 
temperature of the hot water supply at the water inlets shall not 
exceed 135 deg.F (57.2 deg.C) and the cold water supply at the water 
inlets shall not exceed 60 deg.F (15.6 deg.C). A water meter shall 
be installed in both the hot and cold water lines to measure water 
consumption.
    2.3.2  Clothes washers in which electrical energy consumption 
and water energy consumption are not affected by the inlet water 
temperature. The temperature of the hot water supply shall be 
maintained at 135 deg.F5 deg.F 
(57.2 deg.C2.8 deg.C) and the cold water supply shall be 
maintained at 60 deg.F5 deg.F 
(15.6 deg.C2.8 deg.C). A water meter shall be installed 
in both the hot and cold water lines to measure water consumption.
    2.4  Water pressure. The static water pressure at the hot and 
cold water inlet connection of the clothes washer shall be 
maintained at 35 pounds per square inch gauge (psig) 2.5 
psig (241.3 kPa17.2 kPa) during the test. The static 
water pressure for a single water inlet connection shall be 
maintained at 35 psig2.5 psig (241.3 kPa17.2 
kPa) during the test. A water pressure gauge shall be installed in 
both the hot and cold water lines to measure water pressure.
    2.5  Instrumentation. Perform all test measurements using the 
following instruments, as appropriate:
    2.5.1  Weighing scales.
    2.5.1.1  Weighing scale for test cloth. The scale shall have a 
resolution of no larger than 0.2 oz (5.7 g) and a maximum error no 
greater than 0.3 percent of the measured value.
    2.5.1.2  Weighing scale for clothes container capacity 
measurements. The scale should have a resolution no larger than 0.50 
lbs (0.23 kg) and a maximum error no greater than 0.5 percent of the 
measured value.
    2.5.2  Watt-hour meter. The watt-hour meter shall have a 
resolution no larger than 1 Wh (3.6 kJ) and a maximum error no 
greater than 2 percent of the measured value for any demand greater 
than 50 Wh (180.0 kJ).
    2.5.3  Temperature measuring device. The device shall have an 
error no greater than 1 deg.F (0.6 deg.C) 
over the range being measured.
    2.5.4  Water meter. The water meter shall have a resolution no 
larger than 0.1 gallons (0.4 liters) and a maximum error no greater 
than 2 percent for the water flow rates being measured.
    2.5.5  Water pressure gauge. The water pressure gauge shall have 
a resolution of 1 pound per square inch gauge (psig) (6.9 kPa) and 
shall have an error no greater than 5 percent of any measured value.
    2.6  Test cloths.
    2.6.1  Energy test cloth.
    2.6.1.1  The energy test cloth shall not be used for more than 
25 test runs and shall be clean and consist of the following:
    (A) Pure finished bleached cloth, made with a momie or granite 
weave, which is 50 percent cotton and 50 percent polyester and 
weighs 5.75 ounces per square yard (195.0 g/m2) and has 
65 ends on the warp and 57 picks on the fill; and
    (B) Cloth material that is 24 inches by 36 inches (61.0 cm by 
91.4 cm) and has been hemmed to 22 inches by 34 inches (55.9 cm by 
86.4 cm) before washing. The maximum shrinkage after five washes 
shall not be more than four percent on the length and width.
    2.6.1.2  The new test cloths, including energy test cloths and 
energy stuffer cloths, shall be pre-conditioned in a clothes washer 
in the following manner:
    2.6.1.2.1  Wash the test cloth using a commercially available 
clothes washing detergent that is suitable for 135 deg.F 
(57.2 deg.C) wash water as recommended by the manufacturer, with the 
washer set on maximum water level. Place detergent in washer and 
then place the new load to be conditioned in the washer. Wash the 
load for ten minutes in soft water (17ppm or less). Wash water is to 
be hot, and controlled at 135 deg.F5 deg.F (57.2 deg.C 
2.8 deg.C). Rinse water temperature is to be cold, and 
controlled at 60 deg.F 5 deg.F (15.6 deg.C 
2.8 deg.C). Rinse the load through a second rinse using 
the same water temperature (if an optional second rinse is available 
on the clothes washer, use it).
    2.6.1.2.2  Dry the load.
    2.6.1.2.3  A final cycle is to be hot water wash with no 
detergent followed by two cold water rinses.
    2.6.1.2.4  Dry the load.
    2.6.2  Energy stuffer cloth. The energy stuffer cloth shall be 
made from energy test cloth material and shall consist of pieces of 
material that are 12 inches by 12 inches (30.5 cm by 30.5 cm) and 
have been hemmed to 10 inches by 10 inches (25.4 cm by 25.4 cm) 
before washing. The maximum shrinkage after five washes shall not be 
more than four percent on the length and width. The number of test 
runs on the same energy stuffer cloth shall not exceed 25 runs.
    2.7  Test Load Sizes. Maximum, minimum, and, when required, 
average test load sizes shall be determined using Table 5.1 and the 
clothes container capacity as measured in 3.1.1 through 3.1.5. Test 
loads shall consist of energy test cloths, except that adjustments 
to the test loads to achieve proper weight can be made by the use of 
energy stuffer cloths with no more than 5 stuffer clothes per load.
    2.8  Use of Test Loads. Table 2.8 defines the test load sizes 
and corresponding water fill settings which are to be used when 
measuring water and energy consumptions. Adaptive water fill control 
system and manual water fill control system are defined in section 1 
of this appendix:

      Table 2.8.--Test Load Sizes and Water Fill Settings Required      
------------------------------------------------------------------------
  Manual water fill control system    Adaptive water fill control system
------------------------------------------------------------------------
                       Water fill                          Water fill   
  Test load size        setting        Test load size        setting    
------------------------------------------------------------------------
Max                Max                Max               As determined by
Min                Min                Avg                the Clothes    
                                      Min                Washer.        
------------------------------------------------------------------------


[[Page 45510]]

    2.8.1  The test load sizes to be used to measure RMC are 
specified in section 3.8.1.
    2.8.2  Test loads for energy and water consumption measurements 
shall be bone dry prior to the first cycle of the test, and dried to 
a maximum of 104 percent of bone dry weight for subsequent testing.
    2.8.3  Load the energy test cloths by grasping them in the 
center, shaking them to hang loosely and then put them into the 
clothes container prior to activating the clothes washer.
    2.9  Pre-conditioning.
    2.9.1  Nonwater-heating clothes washer. If the clothes washer 
has not been filled with water in the preceding 96 hours, pre-
condition it by running it through a cold rinse cycle and then 
draining it to ensure that the hose, pump, and sump are filled with 
water.
    2.9.2  Water-heating clothes washer. If the clothes washer has 
not been filled with water in the preceding 96 hours, or if it has 
not been in the test room at the specified ambient conditions for 8 
hours, pre-condition it by running it through a cold rinse cycle and 
then draining it to ensure that the hose, pump, and sump are filled 
with water.
    2.10  Wash time setting. If one wash time is prescribed in the 
energy test cycle, that shall be the wash time setting; otherwise, 
the wash time setting shall be the higher of either the minimum, or 
70 percent of the maximum wash time available in the energy test 
cycle.
    2.11  Test room temperature for water-heating clothes washers. 
Maintain the test room ambient air temperature at 
75 deg.F5 deg.F (23.9 deg.C2.8 deg.C).

3. TEST MEASUREMENTS

    3.1  Clothes container capacity. Measure the entire volume which 
a dry clothes load could occupy within the clothes container during 
washer operation according to the following procedures:
    3.1.1  Place the clothes washer in such a position that the 
uppermost edge of the clothes container opening is leveled 
horizontally, so that the container will hold the maximum amount of 
water.
    3.1.2  Line the inside of the clothes container with 2 mil 
(0.051 mm) plastic sheet. All clothes washer components which occupy 
space within the clothes container and which are recommended for use 
with the energy test cycle shall be in place and shall be lined with 
2 mil (0.051 mm) plastic sheet to prevent water from entering any 
void space.
    3.1.3  Record the total weight of the machine before adding 
water.
    3.1.4  Fill the clothes container manually with either 
60 deg.F5 deg.F (15.6 deg.C2.8 deg.C) or 
100 deg.F10 deg.F (37.8 deg.C5.5 deg.C) 
water to its uppermost edge. Measure and record the weight of water, 
W, in pounds.
    3.1.5  The clothes container capacity is calculated as follows:

C=W/d.

where:
C=Capacity in cubic feet (liters).
W=Mass of water in pounds (kilograms).
d=Density of water (62.0 lbs/ft\3\ for 100  deg.F (993 kg/m\3\ for 
37.8 deg.C) or 62.3 lbs/ft\3\ for 60  deg.F (998 kg/m\3\ for 
15.6 deg.C)).

    3.2  Procedure for measuring water and energy consumption values 
on all automatic and semi-automatic washers. All energy consumption 
tests shall be performed under the energy test cycle(s), unless 
otherwise specified. Table 3.2 defines the sections below which 
govern tests of particular clothes washers, based on the number of 
wash/rinse temperature selections available on the model, and also, 
in some instances, method of water heating. The procedures 
prescribed are applicable regardless of a clothes washer's washing 
capacity, loading port location, primary axis of rotation of the 
clothes container, and type of control system. 

                                       Table 3.2.--Test Section Reference                                       
----------------------------------------------------------------------------------------------------------------
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Max. Wash Temp. Available................................                                                       
(2)135 deg.F (57.2 deg.C)                                                                            
(1)>135 deg.F (57.2 deg.C) \2\                                                                                  
Number of Wash Temp. Selections..........................      1          2          >2         3          >3   
Test Sections Required to be Followed....................  .........  .........  .........        3.3        3.3
                                                           .........        3.4        3.4  .........        3.4
                                                           .........  .........        3.5        3.5        3.5
                                                                 3.6        3.6        3.6        3.6        3.6
                                                             3.7 \1\    3.7 \1\    3.7 \1\    3.7 \1\    3.7 \1\
                                                                 3.8        3.8        3.8        3.8       3.8 
----------------------------------------------------------------------------------------------------------------
\1\ Only applicable to machines with warm rinse in any cycle.                                                   
\2\ This only applies to water hearting clothes washers on which the maximum wash temperature available exceeds 
  135 deg.F (57.2 deg.C)                                                                                        

    3.2.1  Inlet water temperature and the wash/rinse temperature 
settings.
    3.2.1.1  For automatic clothes washers set the wash/rinse 
temperature selection control to obtain the wash water temperature 
desired (extra hot, hot, warm, or cold) and cold rinse, and open 
both the hot and cold water faucets.
    3.2.1.2  For semi-automatic washers: (1) For hot water 
temperature, open the hot water faucet completely and close the cold 
water faucet; (2) for warm inlet water temperature, open both hot 
and cold water faucets completely; (3) for cold water temperature, 
close the hot water faucet and open the cold water faucet 
completely.
    3.2.1.3  Determination of warm wash water temperature(s) to 
decide whether a clothes washer has uniformly distributed warm wash 
temperature selections. The wash water temperature, Tw, of each warm 
water wash selection shall be calculated or measured.
    For non-water-heating clothes washers, calculate Tw as follows:

Tw( deg.F)=((Hw x 135 deg.F)+(Cw x 60 deg.F))/(Hw+Cw)
    or
Tw( deg.C)=((Hw x 57.2 deg.C)+(Cw x 15.6 deg.C))/(Hw+Cw)

where:
Hw=Hot water consumption of a warm wash
Cw=Cold water consumption of a warm wash

    For water-heating clothes washers, measure and record the 
temperature of each warm wash selection after fill.
    3.2.2  Total water consumption during the energy test cycle 
shall be measured, including hot and cold water consumption during 
wash, deep rinse, and spray rinse.
    3.2.3  Clothes washers with adaptive water fill/manual water 
fill control systems
    3.2.3.1  Clothes washers with adaptive water fill control system 
and alternate manual water fill control systems. If a clothes washer 
with an adaptive water fill control system allows consumer selection 
of manual controls as an alternative, then both manual and adaptive 
modes shall be tested and, for each mode, the energy consumption 
(HET, MET, and DE) and water 
consumption (QT), values shall be calculated as set forth 
in section 4. Then the average of the two values (one from each 
mode, adaptive and manual) for each variable shall be used in 
section 4 for the clothes washer.
    3.2.3.2  Clothes washers with adaptive water fill control 
system. 
    3.2.3.2.1.  Not user adjustable. The maximum, minimum, and 
average water levels as defined in the following sections shall be 
interpreted to mean that amount of water fill which is selected by 
the control system when the respective test loads are used, as 
defined in Table 2.8. The load usage factors which shall be used 
when calculating energy consumption values are defined in Table 
4.1.3.
    3.2.3.2.2  User adjustable. Four tests shall be conducted on 
clothes washers with user adjustable adaptive water fill controls 
which affect the relative wash water levels. The first test shall be 
conducted with the maximum test load and with the adaptive water 
fill control system set in the setting that will give the most 
energy intensive result. The second test shall be conducted with the 
minimum test load and with the adaptive water fill control system 
set in the setting that will give the least energy intensive result. 
The third test shall be conducted with the average test load and 
with the adaptive water fill control system set in the setting that 
will give the most energy intensive result for the given test load. 
The fourth test shall be conducted with the average test load and 
with the adaptive water fill control system set in the setting that 
will give the least energy intensive result for the given test load. 
The energy and water consumption for the average test load and water 
level, shall be the average of the third and fourth tests.
    3.2.3.3  Clothes washers with manual water fill control system. 
In accordance with Table 2.8, the water fill selector shall be set 
to the maximum water level available on the clothes washer for the 
maximum test load size and set to the minimum water level for

[[Page 45511]]

the minimum test load size. The load usage factors which shall be 
used when calculating energy consumption values are defined in Table 
4.1.3.
    3.3  ``Extra Hot Wash'' (Max Wash Temp >135 deg.F (57.2 deg.C)) 
for water heating clothes washers only. Water and electrical energy 
consumption shall be measured for each water fill level and/or test 
load size as specified in 3.3.1 through 3.3.3 for the hottest wash 
setting available.
    3.3.1  Maximum test load and water fill. Hot water consumption 
(Hmx), cold water consumption (Cmx), and 
electrical energy consumption (Emx) shall be measured for 
an extra hot wash/cold rinse energy test cycle, with the controls 
set for the maximum water fill level. The maximum test load size is 
to be used and shall be determined per Table 5.1.
    3.3.2  Minimum test load and water fill. Hot water consumption 
(Hmn), cold water consumption (Cmn), and 
electrical energy consumption (Emn) shall be measured for 
an extra hot wash/cold rinse energy test cycle, with the controls 
set for the minimum water fill level. The minimum test load size is 
to be used and shall be determined per Table 5.1.
    3.3.3  Average test load and water fill. For clothes washers 
with an adaptive water fill control system, measure the values for 
hot water consumption (Hma), cold water consumption 
(Cma), and electrical energy consumption (Ema) 
for an extra hot wash/cold rinse energy test cycle, with an average 
test load size as determined per Table 5.1.
    3.4  ``Hot Wash'' (Max Wash Temp135 deg.F 
(57.2 deg.C)). Water and electrical energy consumption shall be 
measured for each water fill level or test load size as specified in 
3.4.1 through 3.4.3 for a 135 deg.F (57.2 deg.C)) wash, if 
available, or for the hottest selection less than 135 deg.F 
(57.2 deg.C)).
    3.4.1  Maximum test load and water fill. Hot water consumption 
(Hhx), cold water consumption (Chx), and 
electrical energy consumption (Ehx) shall be measured for 
a hot wash/cold rinse energy test cycle, with the controls set for 
the maximum water fill level. The maximum test load size is to be 
used and shall be determined per Table 5.1.
    3.4.2  Minimum test load and water fill. Hot water consumption 
(Hhn), cold water consumption (Chn), and 
electrical energy consumption (Ehn) shall be measured for 
a hot wash/cold rinse energy test cycle, with the controls set for 
the minimum water fill level. The minimum test load size is to be 
used and shall be determined per Table 5.1.
    3.4.3  Average test load and water fill. For clothes washers 
with an adaptive water fill control system, measure the values for 
hot water consumption (Hha), cold water consumption 
(Cha), and electrical energy consumption (Eha) 
for a hot wash/cold rinse energy test cycle, with an average test 
load size as determined per Table 5.1.
    3.5  ``Warm Wash.'' Water and electrical energy consumption 
shall be determined for each water fill level and/or test load size 
as specified in 3.5.1 through 3.5.2.3 for the applicable warm water 
wash temperature(s).
    3.5.1  Clothes washers with uniformly distributed warm wash 
temperature selection(s). The reportable values to be used for the 
warm water wash setting shall be the arithmetic average of the 
measurements for the hot and cold wash selections. This is a 
calculation only, no testing is required.
    3.5.2  Clothes washers that lack uniformly distributed warm wash 
temperature selections. For a clothes washer with fewer than four 
discrete warm wash selections, test all warm wash temperature 
selections. For a clothes washer that offers four or more warm wash 
selections, test at all discrete selections, or test at 25 percent, 
50 percent, and 75 percent positions of the temperature selection 
device between the hottest hot (135 deg.F (57.2  deg.C)) 
wash and the coldest cold wash. If a selection is not available at 
the 25, 50 or 75 percent position, in place of each such unavailable 
selection use the next warmer setting. Each reportable value to be 
used for the warm water wash setting shall be the arithmetic average 
of all tests conducted pursuant to this section.
    3.5.2.1  Maximum test load and water fill. Hot water consumption 
(Hwx), cold water consumption (Cwx), and 
electrical energy consumption (Ewx) shall be measured 
with the controls set for the maximum water fill level. The maximum 
test load size is to be used and shall be determined per Table 5.1.
    3.5.2.2  Minimum test load and water fill. Hot water consumption 
(Hwn), cold water consumption (Cwn), and 
electrical energy consumption (Ewn) shall be measured 
with the controls set for the minimum water fill level. The minimum 
test load size is to be used and shall be determined per Table 5.1.
    3.5.2.3  Average test load and water fill. For clothes washers 
with an adaptive water fill control system, measure the values for 
hot water consumption (Hwa), cold water consumption 
(Cwa), and electrical energy consumption (Ewa) 
with an average test load size as determined per Table 5.1.
    3.6  ``Cold Wash'' (Minimum Wash Temperature Selection). Water 
and electrical energy consumption shall be measured for each water 
fill level or test load size as specified in 3.6.1 through 3.6.3 for 
the coldest wash temperature selection available.
    3.6.1  Maximum test load and water fill. Hot water consumption 
(Hcx), cold water consumption (Ccx), and 
electrical energy consumption (Ecx) shall be measured for 
a cold wash/cold rinse energy test cycle, with the controls set for 
the maximum water fill level. The maximum test load size is to be 
used and shall be determined per Table 5.1.
    3.6.2  Minimum test load and water fill. Hot water consumption 
(Hcn), cold water consumption (Ccn), and 
electrical energy consumption (Ecn) shall be measured for 
a cold wash/cold rinse energy test cycle, with the controls set for 
the minimum water fill level. The minimum test load size is to be 
used and shall be determined per Table 5.1.
    3.6.3  Average test load and water fill. For clothes washers 
with an adaptive water fill control system, measure the values for 
hot water consumption (Hca), cold water consumption 
(Cca), and electrical energy consumption (Eca) 
for a cold wash/cold rinse energy test cycle, with an average test 
load size as determined per Table 5.1.
    3.7  Warm Rinse. Tests in sections 3.7.1 and 3.7.2 shall be 
conducted with the hottest rinse temperature available. If multiple 
wash temperatures are available with the hottest rinse temperature, 
any ``warm wash'' temperature may be selected to conduct the tests.
    3.7.1  For the rinse only, measure the amount of hot water 
consumed by the clothes washer including all deep and spray rinses, 
for the maximum (Rx), minimum (Rn), and, if 
required by section 3.5.2.3, average (Ra) test load sizes 
or water fill levels.
    3.7.2  Measure the amount of electrical energy consumed by the 
clothes washer to heat the rinse water only, including all deep and 
spray rinses, for the maximum (ERx), minimum 
(ERn), and, if required by section 3.5.2.3, average 
(ERa), test load sizes or water fill levels.
    3.8  Remaining Moisture Content:
    3.8.1  The wash temperature will be the same as the rinse 
temperature for all testing. Use the maximum test load as defined in 
Table 5.1 and section 3.1 for testing.
    3.8.2  For clothes washers with cold rinse only:
    3.8.2.1  Record the actual `bone dry' weight of the test load 
(WImax), then place the test load in the clothes washer.
    3.8.2.2  Set water level selector to maximum fill.
    3.8.2.3  Run the energy test cycle.
    3.8.2.4  Record the weight of the test load immediately after 
completion of the energy test cycle (WCmax).
    3.8.2.5  Calculate the remaining moisture content of the maximum 
test load, RMCMAX, expressed as a percentage and defined 
as:

RMCmax=((WCmax-WImax)/
WImax) x 100%

    3.8.3  For clothes washers with cold and warm rinse options:
    3.8.3.1  Complete steps 3.8.2.1 through 3.8.2.4 for cold rinse. 
Calculate the remaining moisture content of the maximum test load 
for cold rinse, RMCCOLD, expressed as a percentage and 
defined as:

RMCCOLD=((WCmax-WImax)/
WImax) x 100%

    3.8.3.2  Complete steps 3.8.2.1 through 3.8.2.4 for warm rinse. 
Calculate the remaining moisture content of the maximum test load 
for warm rinse, RMCWARM, expressed as a percentage and 
defined as:

RMCWARM=((WCmax-WImax)/
WImax) x 100%

    3.8.3.3  Calculate the remaining moisture content of the maximum 
test load, RMCmax, expressed as a percentage and defined 
as:

RMCmax=RMCCOLD x (1-
TUFr)+RMCWARM x (TUFr).

where:
TUFr is the temperature use factor for warm rinse as 
defined in Table 4.1.1.

    3.8.4  Clothes washers which have options that result in 
different RMC values, such as multiple selection of spin speeds or 
spin times, that are available in the energy test cycle, shall be 
tested at the maximum and minimum extremes of the available options, 
excluding any ``no spin'' (zero spin speed) settings, in accordance 
with requirements in 3.8.2 or 3.8.3. The calculated 
RMCmax extraction and RMCmin extraction at the 
maximum and minimum settings, respectively, shall be combined as 
follows and the final RMC to be used in section 4.3 shall be:

RMC = 0.75 x RMCmax extraction+0.25 x 
    RMCmin extraction

[[Page 45512]]

4. CALCULATION OF DERIVED RESULTS FROM TEST MEASUREMENTS

    4.1  Hot water and machine electrical energy consumption of 
clothes washers.
    4.1.1  Per-cycle temperature-weighted hot water consumption for 
maximum, average, and minimum water fill levels using each 
appropriate load size as defined in section 2.8 and Table 5.1. 
Calculate for the cycle under test the per-cycle temperature 
weighted hot water consumption for the maximum water fill level, 
Vhx, the average water fill level, Vha, and 
the minimum water fill level, Vhn, expressed in gallons 
per cycle (or liters per cycle) and defined as:

(a) 
Vhx=[Hmx x TUFm]+[Hhx x T
UFh]+[Hwx 
x TUFw]+[Hcx x TUFc]+[Rx x 
TUFr]
(b) 
Vha=[Hma x TUFm]+[Hha x T
UFh]+[Hwa 
x TUFw]+[Hca x TUFc]+[Ra x 
TUFr]
(c) 
Vhn=[Hmn x TUFm]+[Hhn x T
UFh]+[Hwn 
x TUFw]+[Hcn x TUFc]+[Rn x 
TUFr]

where:
Hmx, Hma, and Hmn, are reported hot 
water consumption values, in gallons per-cycle (or liters per 
cycle), at maximum, average, and minimum water fill, respectively, 
for the extra-hot wash cycle with the appropriate test loads as 
defined in section 2.8.
Hhx, Hha, and Hhn, are reported hot 
water consumption values, in gallons per-cycle (or liters per 
cycle), at maximum, average, and minimum water fill, respectively, 
for the hot wash cycle with the appropriate test loads as defined in 
section 2.8.
Hwx, Hwa, and Hwn, are reported hot 
water consumption values, in gallons per-cycle (or liters per 
cycle), at maximum, average, and minimum water fill, respectively, 
for the warm wash cycle with the appropriate test loads as defined 
in section 2.8.
Hcx, Hca, and Hcn, are reported hot 
water consumption values, in gallons per-cycle (or liters per 
cycle), at maximum, average, and minimum water fill, respectively, 
for the cold wash cycle with the appropriate test loads as defined 
in section 2.8.
Rx, Ra, and Rn are the reported hot 
water consumption values, in gallons per-cycle (or liters per 
cycle), at maximum, average, and minimum water fill, respectively, 
for the warm rinse cycle and the appropriate test loads as defined 
in section 2.8.
TUFm, TUFh, TUFw, TUFc, 
and TUFr are temperature use factors for extra hot wash, 
hot wash, warm wash, cold wash, and warm rinse temperature 
selections, respectively, and are as defined in Table 4.1.1.

                                      Table 4.1.1.--Temperature Use Factors                                     
----------------------------------------------------------------------------------------------------------------
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Max Wash Temp Available.......  135   135   135  >135  deg.F     >135  deg.F   
                                 deg.F            deg.F             deg.F                                       
                                (57.2  deg.C)    (57.2  deg.C)    (57.2  deg.C)   (57.2  deg.C)   (57.2  deg.C) 
No. Wash Temp Selections......  Single           2 Temps          >2 Temps        3 Temps         >3 Temps      
TUFm (extra hot)..............  NA               NA               NA              0.14            0.05          
TUFh (hot)....................  NA               0.63             0.14            NA              0.09          
TUFw (warm)...................  NA               NA               0.49            0.49            0.49          
TUFc (cold)...................  1.00             0.37             0.37            0.37            0.37          
TUFr (warm rinse).............  0.27             0.27             0.27            0.27            0.27          
----------------------------------------------------------------------------------------------------------------

    4.1.2  Total per-cycle hot water energy consumption for all 
maximum, average, and minimum water fill levels tested. Calculate 
the total per-cycle hot water energy consumption for the maximum 
water fill level, HEmax, the minimum water fill level, 
HEmin, and the average water fill level, 
HEavg, expressed in kilowatt-hours per cycle and defined 
as:

(a) HEmax = [Vhx x T x K]=Total energy when a 
maximum load is tested.
(b) HEavg = [Vha x T x K]=Total energy when an 
average load is tested.
(c) HEmin = [Vhn x T x K]=Total energy when a 
minimum load is tested.
where:
T=Temperature rise=75  deg.F (41.7  deg.C).
K=Water specific heat in kilowatt-hours per gallon degree F=0.00240 
(0.00114 kWh/L- deg.C).
Vhx Vha, and Vhn, are as defined in 
4.1.1.

    4.1.3  Total weighted per-cycle hot water energy consumption. 
Calculate the total weighted per cycle hot water energy consumption, 
HET, expressed in kilowatt-hours per cycle and defined 
as:

HET=[HEmax x Fmax]+[HEavg
 x Favg]+[HEmn x Fmin]

where:
HEmax, HEavg, and HEmin are as 
defined in 4.1.2.
Fmax, Favg, and Fmin are the load 
usage factors for the maximum, average, and minimum test loads based 
on the size and type of control system on the washer being tested. 
The values are as shown in table 4.1.3.

                     Table 4.1.3--Load Usage Factors                    
------------------------------------------------------------------------
            Water fill control system               Manual     Adaptive 
------------------------------------------------------------------------
Fmax =..........................................    0.72 \1\    0.12 \2\
Favg =..........................................  ..........    0.74 \2\
Fmin=...........................................    0.28 \1\   0.14 \2\ 
------------------------------------------------------------------------
\1\ Reference 3.2.3.3.                                                  
\2\ Reference 3.2.3.2.                                                  

    4.1.4  Total per-cycle hot water energy consumption using gas-
heated or oil-heated water. Calculate for the energy test cycle the 
per-cycle hot water consumption, HETG, using gas heated 
or oil-heated water, expressed in Btu per cycle (or megajoules per 
cycle) and defined as:

HETG=HT x 1/e x 3412 Btu/kWh or 
HETG=HET x 1/e x 3.6 MJ/kWh

where:
e=Nominal gas or oil water heater efficiency=0.75.
HET=As defined in 4.1.3.

    4.1.5  Per-cycle machine electrical energy consumption for all 
maximum, average, and minimum test load sizes. Calculate the total 
per-cycle machine electrical energy consumption for the maximum 
water fill level, MEmax, the minimum water fill level, 
MEmin, and the average water fill level, 
MEavg, expressed in kilowatt-hours per cycle and defined 
as:

(a)MEmax= [Emx x TUFm]+ 
[Ehx x TUFh]+ 
[Ewx x TUFw]+ 
[Ecx x TUFc]+ 
[ERx x TUFr]
(b) MEavg= [Ema x TUFm]+ 
[Eha x TUFh]+ 
[Ewa x TUFw]+ 
[Eca x TUFc]+ 
[ERa x TUFr]
(c) MEmin= [Emn x TUFm]+ 
[Ehn x TUFh]+ 
[Ewn x TUFw]+ 
[Ecn x xTUFc]+ 
[ERn x TUFr]

where:
Emx, Ema, and Emn, are reported 
electrical energy consumption values, in kilowatt-hours per cycle, 
at maximum, average, and minimum test loads, respectively, for the 
extra-hot wash cycle.
Ehx, Eha, and Ehn, are reported 
electrical energy consumption values, in kilowatt-hours per cycle, 
at maximum, average, and minimum test loads, respectively, for the 
hot wash cycle.
Ewx, Ewa, and Ewn, are reported 
electrical energy consumption values, in kilowatt-hours per cycle, 
at maximum, average, and minimum test loads, respectively, for the 
warm wash cycle.
Ecx, Eca, and Ecn, are reported 
electrical energy consumption values, in kilowatt-hours per cycle, 
at maximum, average, and minimum test loads, respectively, for the 
cold wash cycle.
ERx, ERa, and ERn are reported 
electrical energy consumption values, in kilowatt-hours per cycle, 
at maximum, average, and minimum test loads, respectively, for the 
warm rinse cycle.
TUFm, TUFh, TUFw, TUFc, 
and TUFr are as defined in Table 4.1.1.

    4.1.6  Total weighted per-cycle machine electrical energy 
consumption. Calculate the total per cycle load size weighted energy 
consumption, MET, expressed in kilowatt-hours per cycle 
and defined as:

MET=[MEmax x  
Fmax]+[MEavg x  
Favg]+[MEmin x  Fmin]

where:
MEmax, MEavg, and MEmin are as 
defined in 4.1.5.

[[Page 45513]]

Fmax, Favg, and Fmin are as defined 
in Table 4.1.3.

    4.1.7  Total per-cycle energy consumption when electrically 
heated water is used. Calculate for the energy test cycle the total 
per-cycle energy consumption, ETE, using electrical 
heated water, expressed in kilowatt-hours per cycle and defined as:

ETE=HET+MET

where:
MET=As defined in 4.1.6.
HET=As defined in 4.1.3.

    4.2  Water consumption of clothes washers. (The calculations in 
this Section need not be performed to determine compliance with the 
energy conservation standards for clothes washers.)
    4.2.1  Per-cycle water consumption. Calculate the maximum, 
average, and minimum total water consumption, expressed in gallons 
per cycle (or liters per cycle), for the cold wash/cold rinse cycle 
and defined as:

Qmax=[Hcx+Ccx]
Qavg=[Hca+Cca]
Qmin=[Hcn+Ccn]

where:
Hcx, Ccx, Hca, Cca, 
Hcn, and Ccn are as defined in 3.6.

    4.2.2  Total weighted per-cycle water consumption. Calculate the 
total weighted per cycle consumption, QT, expressed in 
gallons per cycle (or liters per cycle) and defined as:

QT=[Qmax x Fmax]+[Qavg x 
Favg]+[Qmin x Fmin]

where:
Qmax, Qavg, and Qmin are as defined 
in 4.2.1.
Fmax, Favg, and Fmin are as defined 
in table 4.1.3.

    4.2.3  Water consumption factor. Calculate the water consumption 
factor, WCF, expressed in gallon per cycle per cubic feet (or liter 
per cycle per liter), as:

WCF=QT / C

where:
QT=as defined in section 4.2.2.
C = as defined in section 3.1.5.

    4.3  Per-cycle energy consumption for removal of moisture from 
test load. Calculate the per-cycle energy required to remove the 
moisture of the test load, DE, expressed in kilowatt-
hours per cycle and defined as

DE=(LAF) x (Maximum test load weight) x (RMC--
4%) x (DEF) x (DUF)

where:
LAF=Load adjustment factor=0.52.
Test load weight=As required in 3.8.1, expressed in lbs/cycle.
RMC=As defined in 3.8.2.5, 3.8.3.3 or 3.8.4.
DEF=nominal energy required for a clothes dryer to remove moisture 
from clothes=0.5 kWh/lb (1.1 kWh/kg).
DUF=dryer usage factor, percentage of washer loads dried in a 
clothes dryer=0.84.

    4.4  Modified energy factor. Calculate the modified energy 
factor, MEF, expressed in cubic feet per kilowatt-hour per cycle (or 
liters per kilowatt-hour per cycle) and defined as:

MEF=C/(ETE + DE)

where:
C=As defined in 3.1.5.
ETE=As defined in 4.1.7.
DE=As defined in 4.3.

    4.5  Energy factor. Calculate the energy factor, EF, expressed 
in cubic feet per kilowatt-hour per cycle (or liters per kilowatt-
hour per cycle) and defined as:

EF=C/ETE

where:
C=As defined in 3.1.5.
ETE=As defined in 4.1.7.

5. TEST LOADS

                                           Table 5.1--Test Load Sizes                                           
----------------------------------------------------------------------------------------------------------------
                     Container volume                         Minimum load      Maximum load      Average load  
----------------------------------------------------------------------------------------------------------------
                                             (liter)    <             thn-eq>  <       lb      (kg)      lb      (kg)      lb      (kg) 
----------------------------------------------------------------------------------------------------------------
0-0.8.....................................   0-22.7            3.00     1.36     3.00     1.36     3.00     1.36
0.80-0.90.................................  22.7-25.5          3.00     1.36     3.50     1.59     3.25     1.47
0.90-1.00.................................  25.5-28.3          3.00     1.36     3.90     1.77     3.45     1.56
1.00-1.10.................................  28.3-31.1          3.00     1.36     4.30     1.95     3.65     1.66
1.10-1.20.................................  31.1-34.0          3.00     1.36     4.70     2.13     3.85     1.75
1.20-1.30.................................  34.0-36.8          3.00     1.36     5.10     2.31     4.05     1.84
1.30-1.40.................................  36.8-39.6          3.00     1.36     5.50     2.49     4.25     1.93
1.40-1.50.................................  39.6-42.5          3.00     1.36     5.90     2.68     4.45     2.02
1.50-1.60.................................  42.5-45.3          3.00     1.36     6.40     2.90     4.70     2.13
1.60-1.70.................................  45.3-48.1          3.00     1.36     6.80     3.08     4.90     2.22
1.70-1.80.................................  48.1-51.0          3.00     1.36     7.20     3.27     5.10     2.31
1.80-1.90.................................  51.0-53.8          3.00     1.36     7.60     3.45     5.30     2.40
1.90-2.00.................................  53.8-56.6          3.00     1.36     8.00     3.63     5.50     2.49
2.00-2.10.................................  56.6-59.5          3.00     1.36     8.40     3.81     5.70     2.59
2.10-2.20.................................  59.5-62.3          3.00     1.36     8.80     3.99     5.90     2.68
2.20-2.30.................................  62.3-65.1          3.00     1.36     9.20     4.17     6.10     2.77
2.30-2.40.................................  65.1-68.0          3.00     1.36     9.60     4.35     6.30     2.86
2.40-2.50.................................  68.0-70.8          3.00     1.36    10.00     4.54     6.50     2.95
2.50-2.60.................................  70.8-73.6          3.00     1.36    10.50     4.76     6.75     3.06
2.60-2.70.................................  73.6-76.5          3.00     1.36    10.90     4.94     6.95     3.15
2.70-2.80.................................  76.5-79.3          3.00     1.36    11.30     5.13     7.15     3.24
2.80-2.90.................................  79.3-82.1          3.00     1.36    11.70     5.31     7.35     3.33
2.90-3.00.................................  82.1-85.0          3.00     1.36    12.10     5.49     7.55     3.42
3.00-3.10.................................  85.0-87.8          3.00     1.36    12.50     5.67     7.75     3.52
3.10-3.20.................................  87.8-90.6          3.00     1.36    12.90     5.85     7.95     3.61
3.20-3.30.................................  90.6-93.4          3.00     1.36    13.30     6.03     8.15     3.70
3.30-3.40.................................  93.4-96.3          3.00     1.36    13.70     6.21     8.35     3.79
3.40-3.50.................................  96.3-99.1          3.00     1.36    14.10     6.40     8.55     3.88
3.50-3.60.................................  99.1-101.9         3.00     1.36    14.60     6.62     8.80     3.99
3.60-3.70.................................  101.9-104.8        3.00     1.36    15.00     6.80     9.00     4.08
3.70-3.80.................................  104.8-107.6        3.00     1.36    15.40     6.99     9.20    4.17 
----------------------------------------------------------------------------------------------------------------
Notes:                                                                                                          
(1) All test load weights are bone dry weights.                                                                 
(2) Allowable tolerance on the test load weights are +/-0.10 lbs (0.05 kg).                                     


[[Page 45514]]

6. WAIVERS AND FIELD TESTING

    6.1  Waivers and Field Testing for Non-conventional Clothes 
Washers. Manufacturers of nonconventional clothes washers, such as 
clothes washers with adaptive control systems, must submit a 
petition for waiver pursuant to 10 CFR 430.27 to establish an 
acceptable test procedure for that clothes washer. For these and 
other clothes washers that have controls or systems such that the 
DOE test procedures yield results that are so unrepresentative of 
the clothes washer's true energy consumption characteristics as to 
provide materially inaccurate comparative data, field testing may be 
appropriate for establishing an acceptable test procedure. The 
following are guidelines for field testing which may be used by 
manufacturers in support of petitions for waiver. These guidelines 
are not mandatory and the Department may determine that they do not 
apply to a particular model. Depending upon a manufacturer's 
approach for conducting field testing, additional data may be 
required. Manufacturers are encouraged to communicate with the 
Department prior to the commencement of field tests which may be 
used to support a petition for waiver. Section 6.3 provides an 
example of field testing for a clothes washer with an adaptive water 
fill control system. Other features, such as the use of various spin 
speed selections, could be the subject of field tests.
    6.2  Nonconventional Wash System Energy Consumption Test. The 
field test may consist of a minimum of 10 of the nonconventional 
clothes washers (``test clothes washers'') and 10 clothes washers 
already being distributed in commerce (``base clothes washers''). 
The tests should include a minimum of 50 energy test cycles per 
clothes washer. The test clothes washers and base clothes washers 
should be identical in construction except for the controls or 
systems being tested. Equal numbers of both the test clothes washer 
and the base clothes washer should be tested simultaneously in 
comparable settings to minimize seasonal or consumer laundering 
conditions or variations. The clothes washers should be monitored in 
such a way as to accurately record the total energy consumption per 
cycle. At a minimum, the following should be measured and recorded 
throughout the test period for each clothes washer: Hot water usage 
in gallons (or liters), electrical energy usage in kilowatt-hours, 
and the cycles of usage.
    The field test results would be used to determine the best 
method to correlate the rating of the test clothes washer to the 
rating of the base clothes washer. If the base clothes washer is 
rated at A kWh per year, but field tests at B kWh per year, and the 
test clothes washer field tests at D kWh per year, the test unit 
would be rated as follows:

A x (D/B)=G kWh per year

    6.3  Adaptive water fill control system field test. Section 
3.2.3.1 defines the test method for measuring energy consumption for 
clothes washers which incorporate control systems having both 
adaptive and alternate cycle selections. Energy consumption 
calculated by the method defined in section 3.2.3.1 assumes the 
adaptive cycle will be used 50 percent of the time. This section can 
be used to develop field test data in support of a petition for 
waiver when it is believed that the adaptive cycle will be used more 
than 50 percent of the time. The field test sample size should be a 
minimum of 10 test clothes washers. The test clothes washers should 
be totally representative of the design, construction, and control 
system that will be placed in commerce. The duration of field 
testing in the user's house should be a minimum of 50 energy test 
cycles, for each unit. No special instructions as to cycle selection 
or product usage should be given to the field test participants, 
other than inclusion of the product literature pack which would be 
shipped with all units, and instructions regarding filling out data 
collection forms, use of data collection equipment, or basic 
procedural methods. Prior to the test clothes washers being 
installed in the field test locations, baseline data should be 
developed for all field test units by conducting laboratory tests as 
defined by section 1 through section 5 of these test procedures to 
determine the energy consumption, water consumption, and remaining 
moisture content values. The following data should be measured and 
recorded for each wash load during the test period: wash cycle 
selected, the mode of the clothes washer (adaptive or manual), 
clothes load dry weight (measured after the clothes washer and 
clothes dryer cycles are completed) in pounds, and type of articles 
in the clothes load (e.g., cottons, linens, permanent press). The 
wash loads used in calculating the in-home percentage split between 
adaptive and manual cycle usage should be only those wash loads 
which conform to the definition of the energy test cycle.
    Calculate:

T=The total number of energy test cycles run during the field test
Ta=The total number of adaptive control energy test 
cycles
Tm=The total number of manual control energy test cycles

    The percentage weighting factors:

Pa=(Ta/T) x 100 (the percentage weighting for 
adaptive control selection)
Pm=(Tm/T) x 100 (the percentage weighting for 
manual control selection)

    Energy consumption (HET, MET, and 
DE) and water consumption (QT), values 
calculated in section 4 for the manual and adaptive modes, should be 
combined using Pa and Pm as the weighting 
factors.


Sec. 430.62  [Amended]

    5. Section 430.62(a)(2) is amended by adding ``energy factor (for 
clothes washers, clothes dryers, and dishwashers),'' after ``(for pool 
heaters),'' and before ``and annual fuel utilization efficiency.''

[FR Doc. 97-22682 Filed 8-26-97; 8:45 am]
BILLING CODE 6450-01-P