[Federal Register Volume 71, Number 162 (Tuesday, August 22, 2006)]
[Notices]
[Pages 48913-48916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-13853]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Docket No. EERE-BT-2006-WAV-0139]


Energy Conservation Program for Consumer Products: Publication of 
the Petition for Waiver and Granting of the Application for Interim 
Waiver of Whirlpool Corporation From the DOE Residential Automatic and 
Semi-Automatic Clothes Washer Test Procedures

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

ACTION: Notice of Petition for Waiver, granting of application for 
interim waiver, and request for comments.

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SUMMARY: Today's notice publishes a Petition for Waiver from Whirlpool 
Corporation. This Petition for Waiver (hereafter ``Whirlpool 
Petition'') requests the Department to modify the clothes washer test 
procedure for the Whirlpool High Impeller line of clothes washers with 
basket volumes greater than 3.8 cubic feet and less than 3.9 cubic 
feet. The Department of Energy (hereafter ``Department'' or ``DOE'') is 
soliciting comments, data and information with respect to the Whirlpool 
Petition.
    Today's notice also grants an Interim Waiver to Whirlpool from the 
existing DOE automatic and semi-automatic clothes washer test procedure 
for the company's High Impeller line of clothes washers with basket 
volumes greater than 3.8 cubic feet and less than 3.9 cubic feet.

DATES: The Department will accept comments, data and information 
regarding this Petition for Waiver until, but no later September 21, 
2006.

ADDRESSES: Please submit comments, identified by docket number EERE-BT-
2006-WAV-0139, by any of the following methods:
     Mail: Ms. Brenda Edwards-Jones, U.S. Department of Energy, 
Building Technologies Program, Mailstop EE-2J, Forrestal Building, 1000 
Independence Avenue, SW., Washington, DC 20585-0121. Telephone: (202) 
586-2945. Please submit one signed original paper copy.
     Hand Delivery/Courier: Ms. Brenda Edwards-Jones, U.S. 
Department of Energy, Building Technologies Program, Room 1J-018, 
Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 
20585.
     E-mail: [email protected]. Include either the 
docket number EERE-

[[Page 48914]]

BT-2006-WAV-0139 and/or ``Whirlpool Petition'' in the subject line of 
the message.
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    Instructions: All submissions received must include the agency name 
and docket number for this proceeding. Submit electronic comments in 
WordPerfect, Microsoft Word, PDF, or text (ASCII) file format and avoid 
the use of special characters or any form of encryption. Wherever 
possible, include the electronic signature of the author. Absent an 
electronic signature, comments submitted electronically must be 
followed and authenticated by submitting the signed original paper 
document. The Department does not accept telefacsimiles (faxes). Any 
person submitting written comments must also send a copy of such 
comments to the petitioner. (10 Code of Federal Regulations (CFR) 
430.27(d)) The name and address of the petitioner of today's notice is: 
Heather O. West, Director, Government Relations, Whirlpool Corporation, 
1200 G Street NW., Suite 828, Washington, DC 20005-3820.
    According to 10 CFR 1004.11, any person submitting information that 
he or she believes to be confidential and exempt by law from public 
disclosure should submit two copies: one copy of the document including 
all the information believed to be confidential, and one copy of the 
document with the information believed to be confidential deleted. The 
Department will make its own determination about the confidential 
status of the information and treat it according to its determination.
    Docket: For access to the docket to read the background documents 
relevant to this matter, go to the U.S. Department of Energy, Forrestal 
Building, Room 1J-018 (Resource Room of the Building Technologies 
Program), 1000 Independence Avenue, SW., Washington, DC, (202) 586-
2945, between 9 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays. Available documents include the following items: this notice; 
public comments received; the Petition for Waiver and Application for 
Interim Waiver; prior Department rulemakings regarding residential 
clothes washer; prior Petitions for Waiver; and prior Decisions and 
Orders. Please call Ms. Brenda Edwards-Jones at the above telephone 
number for additional information regarding visiting the Resource Room. 
Please note: The Department's Freedom of Information Reading Room 
(formerly Room 1E-190 at the Forrestal Building) is no longer housing 
rulemaking materials.

FOR FURTHER INFORMATION CONTACT: Bryan Berringer, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies Program, Mail Stop EE-2J, Forrestal Building, 1000 
Independence Avenue, SW., Washington, DC 20585-0121, (202) 586-0371; e-
mail: [email protected]; or Francine B. Pinto, U.S. Department 
of Energy, Office of General Counsel, Mail Stop GC-72, Forrestal 
Building, 1000 Independence Avenue, SW., Washington, DC 20585-0121, 
(202) 586-9507; e-mail: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background and Authority
II. Application for Interim Waiver and Petition for Waiver
III. Alternate Test Procedure
IV. Summary and Request for Comments

I. Background and Authority

    Title III of the Energy Policy and Conservation Act (EPCA) sets 
forth a variety of provisions concerning energy efficiency. Part B of 
Title III (42 U.S.C. 6291-6309) provides for the ''Energy Conservation 
Program for Consumer Products other than Automobiles.'' Today's notice 
involves residential products under Part B that provide definitions, 
test procedures, labeling provisions, energy conservation standards, 
and the authority to require information and reports from 
manufacturers. With respect to test procedures, Part B generally 
authorizes the Secretary of Energy to prescribe test procedures that 
are reasonably designed to produce results which reflect energy 
efficiency, energy use and estimated operating costs, and that are not 
unduly burdensome to conduct. (42 U.S.C. 6293(b)(3))
    The test procedures for residential products appear at 10 CFR Part 
430, Subpart B, Appendix J1. EPCA provides that the Secretary of Energy 
may amend test procedures for consumer products if the Secretary 
determines that amended test procedures would more accurately reflect 
energy efficiency, energy use and estimated operating costs, and are 
not unduly burdensome to conduct. (42 U.S.C. 6293(b)(3))
    The Department's regulations contain provisions allowing a person 
to seek a waiver from the test procedure requirements for covered 
consumer products. These provisions are set forth in 10 CFR 430.27.
    The waiver provisions allow the Assistant Secretary for Energy 
Efficiency and Renewable Energy (hereafter ``Assistant Secretary'') to 
temporarily waive test procedures for a particular basic model when a 
petitioner shows that the basic model contains one or more design 
characteristics that prevent testing according to the prescribed test 
procedures, or when the prescribed test procedures may evaluate the 
basic model in a manner so unrepresentative of its true energy 
consumption as to provide materially inaccurate comparative data. (10 
CFR 430.27 (a)(1)) The Assistant Secretary may grant the waiver subject 
to conditions, including adherence to alternate test procedures. 
Petitioners are to include in their petition any alternate test 
procedures known to evaluate the basic model in a manner representative 
of its energy consumption. (10 CFR 430.27(b)(1)(iii)) Waivers generally 
remain in effect until final test procedure amendments become 
effective, thereby resolving the problem that is the subject of the 
waiver.
    The waiver process also allows the Assistant Secretary to grant an 
Interim Waiver from test procedure requirements to manufacturers that 
have petitioned the Department for a waiver of such prescribed test 
procedures. (10 CFR 430.27(a)(2)) An Interim Waiver remains in effect 
for a period of 180 days or until the Department issues its 
determination on the Petition for Waiver, whichever is sooner, and may 
be extended for an additional 180 days, if necessary. (10 CFR 
430.27(h))

II. Application for Interim Waiver and Petition for Waiver

    On November 21, 2005, Whirlpool filed an Application for Interim 
Waiver and a Petition for Waiver from the Department of Energy's test 
procedures applicable to its residential automatic and semi-automatic 
clothes washers. In particular, Whirlpool requested a waiver to test 
its High Impeller clothes washers on the basis of the residential test 
procedures contained in 10 CFR Part 430, Subpart B, Appendix J1, with 
the following values appended to Table 5.1:

[[Page 48915]]



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           Container volume                         Minimum load                          Maximum load                          Average load
--------------------------------------------------------------------------------------------------------------------------------------------------------
       (ft3)              (liter)              (lb)               (kg)               (lb)               (kg)               (lb)               (kg)
--------------------------------------------------------------------------------------------------------------------------------------------------------
         3.8-3.9         107.6-110.4               3.00               1.36               15.8               7.17                9.4               4.26
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Whirlpool's petition seeks a waiver from the Department's test 
procedure because a test load is used within the procedure, and the 
mass of this test load is based on the basket volume of the test 
specimen, which is currently not defined for the size units cited in 
their waiver application. At the time this test procedure was written, 
the relation between basket volume and test load mass was defined for 
basket volumes between 0 and 3.8 cubic feet. Current market trends have 
lead Whirlpool to design a series of clothes washers that contain a 
basket volume greater than 3.8 cubic feet, but less than 3.9 cubic 
feet.
    Table 5.1 of Appendix J1 defines the test load sizes used during 
the procedure as linear functions of the basket volume. Whirlpool has 
submitted a proposed modification to this table which extends the table 
one incremental unit to define a load for clothes washers with a basket 
volume between 3.8 cubic feet and 3.9 cubic feet. The minimum, maximum, 
and average load factors proposed by Whirlpool in this request are 
merely extrapolations of the linear relationships between the load 
factors and the basket volume, by one incremental unit.
    The Department agrees that the current test procedure does not 
define a load level for clothes washers with a basket volume greater 
than 3.8 cubic feet. The Department further agrees that since the load 
levels are currently defined in a linear manner for basket volumes 
between 0.8 cubic feet and 3.8 cubic feet that extrapolating these 
linear functions to a basket volume of 3.9 cubic feet is fair and 
logical. Thus, it appears likely that the Petition for Waiver will be 
granted.
    Based on the statements above, the Department of Energy is granting 
an Interim Waiver to Whirlpool for its High Impeller line of clothes 
washers, pursuant to 10 CFR of Sec.  430.27(g).
    Pursuant to 10 CFR Part 430.27(b)(1)(iv), the Department is hereby 
publishing the ``Petition for Waiver.'' The Petition contains no 
confidential company information. Whirlpool will send a copy of the 
Petition for Waiver and a copy of the Application for Interim Waiver to 
all known manufacturers of domestically marketed units of the same 
product type.

 III. Alternate Test Procedure

    Manufacturers face restrictions with respect to making 
representations about the energy consumption and energy consumption 
costs of products covered by EPCA. (42 U.S.C. 6293(c)) Consistent 
representations are important for manufacturers to make claims about 
the energy efficiency of their products. For example, they are 
necessary to determine compliance with state and local energy codes and 
regulatory requirements, and can provide valuable consumer purchasing 
information. To provide a test procedure from which manufacturers can 
make valid representations, the Department is considering setting an 
alternate test procedure for Whirlpool in the subsequent Decision and 
Order based on the appended values to Table 5.1 of Appendix J1. 
Furthermore, if DOE specifies an alternate test procedure for 
Whirlpool, DOE may consider applying the alternate test procedure to 
similar waivers for residential clothes washers.

IV. Summary and Request for Comments

    Today's notice announces a Whirlpool Petition for Waiver and grants 
Whirlpool an Interim Waiver from the test procedures applicable to 
Whirlpool's High Impeller line of clothes washers with basket volumes 
greater than 3.8 cubic feet and less than 3.9 cubic feet. The 
Department is publishing the Whirlpool Petition for Waiver in its 
entirety. The Petition contains no confidential information. 
Furthermore, today's notice includes an alternate test procedure that 
the Department is considering including in the subsequent Decision and 
Order. This alternate test procedure includes a proposed modification 
to Table 5.1 of Appendix J1 adding one incremental unit to define a 
load for clothes washers with a basket volume between 3.8 cubic feet 
and 3.9 cubic feet.
     The Department is interested in receiving comments, data 
and information on all aspects of this notice. The Department is 
particularly interested in receiving comments and views of interested 
parties concerning the proposed alternate test procedure under 
consideration for the upcoming Decision and Order for the Whirlpool 
Petition.

    Issued in Washington, DC, on August 14, 2006.
Alexander A. Karsner,
Assistant Secretary, Energy Efficiency and Renewable Energy.

Whirlpool

Administrative Center--2000 M63--Mail Drop 3005--Benton Harbor, MI 
49022

November 21, 2005.
Douglas Faulker,
Acting Assistant Secretary,
Energy Efficiency and Renewable Energy,
U.S. Department of Energy, EE-2J,
1000 Independence Ave., SW,
Washington, DC 20585-0121.

RE: Waiver of Test Procedure for 10CFR430, Subpart B, Appendix J1.

    Dear Assistant Secretary Faulkner: Whirlpool Corporation 
requests a waiver of the test procedure for a basket volume greater 
than 3.8 cubic feet. Currently, the test procedure provides 
allowable load levels for basket volumes less than 3.8 cubic feet. 
Whirlpool (and most likely other manufacturers as well) is designing 
clothes washers with larger basket volumes. Whirlpool Corporation 
requests that, for the models specified below, it be allowed to use 
the corresponding load levels shown in the table below. These load 
levels were obtained by extrapolating from the existing volumes and 
load levels in Table 5.1 of Appendix J1.

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                                                        Basket      Basket
            Model No.                 Description       volume      volume     AVG load    Min load    Max load
                                                         (=>)         (<)        (lbs)       (lbs)       (lbs)
----------------------------------------------------------------------------------------------------------------
27082600 PC 580 KEN D = Test      High Impeller              3.8         3.9         9.4         3.0        15.8
 Sell Model.                       White.
27086600 PC 580 KEN D...........  High Impeller              3.8         3.9         9.4         3.0        15.8
                                   Graphite.
27087600 PC 580 KEN D...........  High Impeller              3.8         3.9         9.4         3.0        15.8
                                   Pacific Blue.
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[[Page 48916]]

    Please contact me at 202-434-8990 with your opinion on this 
waiver request. Thank you for your assistance.
     Sincerely,

CC: Bryan Berringer--DOE
Mike McCabe--DOE
Ron Lewis--DOE
David Rodgers--DOE

Heather O. West, Director, Government Relations, 1200 G Street, NW., 
Suite 828, Washington, DC 20005-3820, Phone: (202) 434-8990, Fax: 
(202) 434-8991.
[FR Doc. E6-13853 Filed 8-21-06; 8:45 am]
BILLING CODE 6450-01-P