[Federal Register Volume 61, Number 174 (Friday, September 6, 1996)] [Notices] [Pages 47115-47117] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-22754] ----------------------------------------------------------------------- DEPARTMENT OF ENERGY Office of Energy Efficiency and Renewable Energy [Case No. CW-005] Energy Conservation Program for Consumer Products: Granting of the Application for Interim Waiver and Publishing of the Petition for Waiver of General Electric Appliances From the DOE Clothes Washer Test Procedure AGENCY: Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: Today's notice grants an Interim Waiver to General Electric Appliances (GEA) and publishes GEA's Petition for Waiver from the existing Department of Energy (DOE or Department) clothes washer test procedure regarding GEA's clothes washer models YLXR1020T, WLXR1020T and VLXR1020T. GEA seeks a waiver because its clothes washer models YLXR1020T, WLXR1020T and VLXR1020T have only two temperature selections, a configuration which is not covered in the existing DOE clothes washer test procedure. GEA seeks to test the wash temperature selections by modifying the existing test procedure Temperature Use Factors (TUF's) for a three temperature machine (hot/cold, warm/cold and cold/cold). DATES: DOE will accept comments, data, and information not later than October 7, 1996. ADDRESSES: Written comments and statements shall be sent to: Department of Energy, Office of Energy Efficiency and Renewable Energy, Case No. CW-005, Mail Stop EE-43, Room 1J-018, Forrestal Building, 1000 Independence Avenue, SW, Washington, DC, 20585-0121 (202) 586- 7140. FOR FURTHER INFORMATION CONTACT: P. Marc LaFrance, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Mail Station EE-431, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 20585-0121, (202) 586-8423 Eugene Margolis, Esq., U.S. Department of Energy, Office of General Counsel, Mail Station GC-72, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 20585-0103, (202) 586-9507 SUPPLEMENTARY INFORMATION: The Energy Conservation Program for Consumer Products (other than automobiles) was established pursuant to the Energy Policy and Conservation Act, as amended, (EPCA) 42 USC 6291 et seq., which requires DOE to prescribe standardized test procedures to measure the energy consumption of certain consumer products, including clothes washers. The intent of the test procedures is to provide a comparable measure of energy consumption that will assist consumers in making purchasing decisions. These test procedures appear at Title 10 CFR Part 430, Subpart B. DOE amended the test procedures rules to provide for a waiver process by adding Sec. 430.27 to Title 10, CFR Part 430. (45 FR 64108, September 26, 1980). Thereafter, DOE further amended the appliance test procedure waiver process to allow the Assistant Secretary for Energy Efficiency and Renewable Energy (Assistant Secretary) to grant an Interim Waiver from test procedure requirements to manufacturers that have petitioned DOE for a waiver from such prescribed test procedures. (51 FR 42823, November 26, 1986). The waiver process allows the Assistant Secretary to temporarily waive the test procedures for a particular basic model when a petitioner shows that the basic model contains one or more design characteristics which prevent testing according to the prescribed test procedures or when the prescribed test procedures may evaluate the basic model in a manner so unrepresentative of its true energy consumption as to provide materially inaccurate comparative data. Waivers generally remain in effect until final test procedure amendments become effective, resolving the problem that is the subject of the waiver. The Interim Waiver provisions, added by the 1986 amendment, allow the Assistant Secretary to grant an Interim Waiver when it is determined that the applicant will experience economic hardship if the Application for Interim Waiver is denied, if it appears likely that the Petition for Waiver will be granted, and/or the Assistant Secretary determines that it would be desirable for [[Page 47116]] public policy reasons to grant immediate relief pending a determination on the Petition for Waiver. An Interim Waiver remains in effect for a period of 180 days or until DOE issues its determination on the Petition for Waiver, whichever is sooner, and may be extended for an additional 180 days, if necessary. On December 19, 1995, GEA filed a Petition for Waiver and an Application for Interim Waiver regarding its clothes washer models YLXR1020T, WLXR1020T and VLXR1020T. On February 8, 1996, GEA withdrew its Application for Interim Waiver and Petition for Waiver. On March 26, 1996, GEA resubmitted its Application for Interim Waiver and Petition for Waiver for the same model numbers. The GEA clothes washers have only two temperature selections (warm/cold and cold/cold). However, the DOE clothes washer test procedure does not have a provision to test a clothes washer with only two temperature selections. GEA proposed a test method for its clothes washers which would modify the existing test procedure TUF's for a three temperature machine (hot/cold, warm/cold and cold/cold) found in the existing test procedure at Section 5.3 of Appendix J to Subpart B. GEA's proposal would combine the existing TUF's (proration values) for hot/cold (30 percent) and warm/cold (55 percent) for its warm/cold temperature selection. Furthermore, GEA's proposal would maintain the existing test procedure TUF for a cold/cold temperature selection (15 percent) for its machines. The existing test procedure TUF's are based on old (1970's) consumer usage habits. GEA believes that the TUF's for its two temperature machines should be consistent with the existing test procedure. Thus, the GEA clothes washers would be tested with TUF values of 85 percent for warm/cold and 15 percent for cold/cold. Discussion of Comments The Whirlpool Corporation (Whirlpool) provided comments relative to the GEA Interim Waiver Application and Petition for Waiver. Whirlpool stated that it supported the GEA request and indicated that both the Interim Waiver and Petition for Waiver should be granted. The Speed Queen Company (Speed Queen) also commented on the GEA Interim Waiver Application and Petition for Waiver. Speed Queen stated that it supported the GEA proposed test methodology. GEA provided justification for an Interim Waiver based on the likely approval of the Petition for Waiver. GEA stated that the Petition for Waiver is likely to be granted because the test procedure proposed is very conservative, and to the best of its knowledge is the current practice in the industry. The Department agrees with GEA that the Petition for Waiver is likely to be granted. The GEA clothes washer should be tested on the same basis as other models on the market. The waiver should use TUF's that are consistent with the old consumer usage habits rather than reflecting current consumer habits. The test procedure has TUF's for three, four, five and six temperature machines which are used to prorate energy consumption among the various temperature selections. The current clothes washer test procedure specifies a TUF value of 15 percent for a cold wash/cold rinse temperature selection. This is consistent for all of the various multiple temperature selection clothes washers. Therefore, any remaining heated temperature selection should be tested with a TUF value of 85 percent. Furthermore, the Department has received comment supporting this test methodology. Therefore, based on the likely approval of the Petition for Waiver, the Department grants GEA an Interim Waiver from the DOE test procedures for GEA's clothes washer models YLXR1020T, WLXR1020T and VLXR1020T. GEA shall be permitted to test its clothes washers on the basis of the test procedures specified in Title 10 CFR Part 430, Subpart B, Appendix J, with the following modifications: (i) Add new section, 5.4 in Appendix J to read as follows: 5.4 Two temperature selection (n=2) ------------------------------------------------------------------------ Temperature use Wash/rinse temperature setting factor (TUF) ------------------------------------------------------------------------ Heated/cold........................................... 0.85 Cold/cold............................................. 0.15 ------------------------------------------------------------------------ This Interim Waiver is based upon the presumed validity of statements and all allegations submitted by GEA. This Interim Waiver may be revoked or modified at any time upon a determination that the factual basis underlying the Application is incorrect. This Interim Waiver is effective on the date of issuance by the Assistant Secretary for the Office of Energy Efficiency and Renewable Energy. This Interim Waiver shall remain in effect for a period of 180 days, or until the Department acts on the Petition for Waiver, whichever is sooner, and may be extended for an additional 180-day period, if necessary. Pursuant to paragraph (b) of Title 10 CFR 430.27, DOE is hereby publishing the ``Petition for Waiver'' in its entirety. The petition contains no confidential information. DOE would appreciate comments, data and other information regarding the petition discussed above. Issued in Washington, DC, August 29, 1996. Robert L. SanMartin, Director of Scientific Initiatives, Energy Efficiency and Renewable Energy. March 26, 1996. Assistant Secretary, Conservation and Renewable Energy, United States Department of Energy, Forrestal Building, 1000 Independence Avenue SW., Washington, DC 20585. RE: Application for Interim Waiver and Petition for Waiver, Appendix J, Subpart B CFR part 430, Test Method for Clothes Washers with Two Temperatures. Dear Assistant Secretary: This Application for Interim Waiver and Petition for Waiver is submitted pursuant to Title 10 CFR 430.27, which provides for modification of test method because of design characteristics preventing testing or producing data unrepresentative of a covered product's true energy consumption characteristics. GE Appliances (GEA) is introducing a new model with two temperature selections. The model numbers are YLXR1020T, WLXR1020T, and VLXR1020T. The existing Appendix J test method does not provide a Temperature Usage Factor for a two temperature machine. Other manufacturers who incorporate similar designs are Whirlpool (model #LBR2121D) and Frigidaire/White Westinghouse (models #MWX121RB/#MWL111RBW). There is also a Kenmore model #15122 with two temperature settings. GEA requests an Interim Waiver and Waiver to allow testing of the machine per Appendix J with the following modifications: Add Section 5.4 Two temperature selection (n=2). ------------------------------------------------------------------------ Wash/rinse temperature setting TUF ------------------------------------------------------------------------ Warm/cold....................................................... .85 Cold/cold....................................................... .15 ------------------------------------------------------------------------ The reasons why these TUF's are suggested are: (1) The three temperature TUF is Hot/cold .30, Warm/cold .55, and Cold/cold .15. Adding the Hot/cold and Warm/cold TUF's together yields .85. One might assume, conservatively, that if only Warm were available, it would be used 85% of the time. (2) The test procedures for Canada prescribe the TUF's above. (3) The AHAM proposed test procedure, based on 1994 data, is less conservative. It uses TUF's of .64 for Warm/cold and .36 for Cold/cold. GEA requests immediate relief by grant of the proposed Interim Waiver, justified by the following reason: Likely Approval of Waiver--The Petition for Waiver is likely to be granted because the [[Page 47117]] test procedure proposed is very conservative, even more so than the new test procedure supported by AHAM, and to the best of our knowledge is the current practice in the industry. Thank you for considering this petition. Jane Ransdell, Energy Standards Engineer. cc: Earl Jones [FR Doc. 96-22754 Filed 9-5-96; 8:45 am] BILLING CODE 6450-01-P