96-9950. 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  

  • [Federal Register Volume 61, Number 80 (Wednesday, April 24, 1996)]
    [Notices]
    [Pages 18125-18131]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-9950]
    
    
    
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    DEPARTMENT OF ENERGY
    
    Office of Energy Efficiency and Renewable Energy
    [Case No. CW-004]
    
    
    Energy Conservation Program for Consumer Products: Granting of 
    the Application for Interim Waiver and Publishing of the Petition for 
    Waiver of General Electric Appliances From the DOE Clothes Washer Test 
    Procedure
    
    AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
    Energy.
    
    ACTION: Notice.
    
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    SUMMARY: Today's notice grants an Interim Waiver to General Electric 
    Appliances (GEA) and publishes GEA's Petition for Waiver from the 
    existing Department of Energy (DOE or Department) clothes washer test 
    procedure regarding wash temperature selections and automatic water 
    fill capability for its clothes washer model WZSE5310 (Monogram brand).
        GEA seeks a waiver because its clothes washer model WZSE5310 has 
    the following design features that differ from those covered by the 
    existing DOE clothes washer test procedures: five wash temperatures (a 
    cold, three warms and a hot) in a primary mode (factory preset), 34 
    wash temperatures in a secondary programming mode (i.e., a customizing 
    feature), and a consumer selectable manual or automatic water fill 
    capability. GEA seeks to test wash temperature selections by averaging 
    the three warm wash temperatures (warm-hot/cold, warm/cold and warm-
    cold/cold) in the primary mode and then applying the existing test 
    procedure Temperature Use Factors (TUFs) for a three temperature 
    machine (hot/cold, warm/cold and cold/cold). In regard to consumer 
    selectable water fill capability, GEA proposes to use the existing test 
    procedure manual fill provision. DOE is soliciting comments and 
    information regarding the Petition for Waiver.
    
    DATES: DOE will accept comments, data, and information not later than 
    May 24, 1996.
    
    ADDRESSES: Written comments and statements shall be sent to: Department 
    of Energy, Office of Energy Efficiency and Renewable Energy, Case No. 
    CW-004, Mail Stop EE-431, 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 procedure 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
    
    [[Page 18126]]
    
    model when a petitioner shows that the basic model contains one or more 
    design characteristics which prevent testing according to the 
    prescribed test procedures or when the prescribed test procedures may 
    evaluate the basic model in a manner so unrepresentative of its true 
    energy consumption as to provide materially inaccurate comparative 
    data. Waivers generally remain in effect until final test procedure 
    amendments become effective, resolving the problem that is the subject 
    of the waiver.
        The Interim Waiver provisions, added by the 1986 amendment, allow 
    the Assistant Secretary to grant an Interim Waiver when it is 
    determined that the applicant will experience economic hardship if the 
    Application for Interim Waiver is denied, if it appears likely that the 
    Petition for Waiver will be granted, and/or the Assistant Secretary 
    determines that it would be desirable for public policy reasons to 
    grant immediate relief pending a determination on the Petition for 
    Waiver. An Interim Waiver remains in effect for a period of 180 days or 
    until DOE issues its determination on the Petition for Waiver, 
    whichever is sooner, and may be extended for an additional 180 days, if 
    necessary.
        On October 9, 1995, GEA filed a Petition for Waiver and an 
    Application for Interim Waiver regarding its clothes washer model 
    WZSE5310. The design features that differ from those covered by the 
    existing clothes washer test procedure are: Five wash temperatures (a 
    cold, three warms and a hot) in a factory preset primary mode, 34 wash 
    temperature selections in a secondary programming mode which may be 
    substituted for the factory preset temperatures, and a consumer 
    activated choice of a manual or automatic water fill capability.
        GEA proposed testing either the higher of the factory preset 
    temperature selection or the mean of the adjustable range of the 
    secondary programming mode temperature selections. This results in GEA 
    seeking to test the wash temperature selections by averaging the warm 
    wash temperatures in the primary (factory preset) mode and then 
    applying the Temperature Use Factors (TUFs) 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. In regard to 
    consumer selectable water fill capability, GEA proposes to use the 
    existing test procedure manual fill provision.
    
    Discussion of Comments
    
    Wash Temperature Selections
    
        The Department received comments about the GEA Interim Waiver 
    Application and Petition for Waiver request from Asko Inc. (ASKO), 
    Maytag and Admiral Products (Maytag), Speed Queen Company (Speed 
    Queen), Whirlpool Corporation (Whirlpool) and White Consolidated 
    Industries, Inc. (White Consolidated).1 All commenters opposed 
    GEA's proposed method to test the higher of the factory preset or the 
    mean of the secondary programming mode temperature selection range. All 
    commenters believed that the hottest setting available in the secondary 
    programming mode (126  deg.F) should be tested in lieu of the hottest 
    setting available at the factory preset (120  deg.F) for hot.
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         1  Comments are available upon request at the address 
    provided at the beginning of today's notice.
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        Some commenters proposed various methods on how to test the GEA 
    clothes washer. Maytag believed the hottest settings available in the 
    secondary programming mode should be tested and the warm wash 
    temperatures averaged. Speed Queen believed that the clothes washer 
    should be tested in the factory preset mode and in the secondary 
    programming mode (hottest settings available), and then new TUFs should 
    be applied to the two modes. Whirlpool believed that the Association of 
    Home Appliance Manufacturers (AHAM) proposed test procedure 2 
    should be directly applied to the secondary programming mode, thus the 
    hottest setting available and coldest setting available would be 
    tested, along with the testing and averaging of all warm wash 
    (intermediate) temperatures. White Consolidated believed that the AHAM 
    test procedure should not be applied, that the hottest hot, hottest 
    cold and either hottest middle warm or hottest higher warm of the 
    secondary programming mode should be tested (it was unclear to the 
    Department which one was being recommended).
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         2 On March 23, 1995, DOE published a proposed rule to 
    amend the clothes washer test procedure. (56 FR 15330). In response 
    to the Department's Proposed Rule, AHAM proposed a new test 
    procedure to become effective concurrently with the anticipated 
    future clothes washer standards. The Department supports AHAM's 
    effort in developing a new test procedure and will address issues 
    regarding that test procedure under the appropriate rulemaking 
    (Docket No. EE-RM-94-230). Although a number of comments reference 
    the proposed AHAM test procedures, the Department does not believe 
    that it can be used to establish testing procedures for issues 
    covered by the existing test procedures. If the issues are not 
    covered by the existing test procedure, then the AHAM proposed test 
    procedure may have merit.
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        GEA provided a rebuttal comment that the current test procedure 
    requires the testing of the ``hottest setting available'' and states 
    that ``the only `setting' on the new Monogram machine is the main 
    temperature selection pads on the control panel. This use of the term 
    `setting' is its normal and conventional meaning.'' GEA believed that 
    there is no basis to test in the secondary programming mode and that 
    Australian survey data indicates that the secondary programming mode is 
    used only six percent of the time. GEA continued to say that its 
    original proposal is preferable, but if the AHAM test procedure were to 
    be applied to the secondary programming mode, then it believes new TUFs 
    should be allowed.
        The Department believes that the ``hottest setting available'' 
    refers to available on the clothes washer and not any particular mode 
    of a clothes washer because the rule language (Section 3.2.2.2) clearly 
    states ``For automatic clothes washers set the wash/rinse temperature 
    selector to the hottest setting available (hot/warm).'' Based on the 
    information and comments available, if the existing test procedure is 
    applied to the GEA clothes washer, the Department believes that the 
    hottest setting available on the clothes washer should be tested for 
    the hot setting. Furthermore, the Department believes this philosophy 
    should be extended to the warm and cold wash temperature settings 
    because this is the industry's basic interpretation 3 of the test 
    procedure.
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         3  Manufacturers have voluntarily made this interpretation 
    for temperature selections other than hot. The Department is aware 
    of at least one manufacturer who has tested the hottest of a 
    similarly labeled temperature selection (i.e. auto cold/cold 70/80 
    deg.F was tested in lieu of cold/cold 60  deg.F).
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        Concerning GEA's two intermediate warm temperatures [one warm 
    temperature which is equally hotter than the median warm (warm-hot/
    cold) and one which is equally colder than the median warm (warm-cold/
    cold)], the Department believes that these temperature selections do 
    not have to be tested. The Department believes that consumers are just 
    as likely to choose the hotter warm (warm-hot/cold) as they are to 
    choose the cooler warm (warm-cold/cold). This position has been 
    supported by White Consolidated. Furthermore, on November 24, 1992, the 
    Department rejected a Petition for Waiver from Maytag which had a 
    clothes washer with intermediate warm temperatures (half hot and half 
    warm; and half warm and half cold) and indicated that it ``could be 
    tested using the existing test procedure by neglecting the intermediate 
    temperature settings.'' The Department also acknowledges that
    
    [[Page 18127]]
    
    this approach will be equivalent to averaging all three warm wash 
    temperature selections, but it will reduce the test burden. Therefore, 
    today's Interim Waiver being granted to GEA requires that the hottest 
    setting available of the hot/cold (126  deg.F), warm/cold (101  deg.F) 
    and cold/cold (66  deg.F) temperature selections be tested in the 
    secondary programming mode. The Department requests comments about the 
    test method provided to GEA in the Interim Waiver and recommendations 
    for alternatives, if appropriate, considering today's publication.
    
    Automatic Water Fill Capability
    
        GEA did not request a waiver from the existing test procedure to 
    test its automatic water fill capability feature. However, Asko, 
    Maytag, Speed Queen and Whirlpool had concerns about this feature. 
    Maytag believed that testing in the manual mode is acceptable, as long 
    as all rinse cycles are cold because due to the clothes washer sensing 
    capability, additional rinse water may be added. Asko, Speed Queen and 
    Whirlpool believed that the automatic water fill capability should be 
    tested primarily because they believe that GEA will market the energy 
    saving potential of the automatic water fill capability. In addition, 
    Asko indicated that the automatic water fill feature may use more 
    energy than the manual fill mode. Speed Queen and Whirlpool believed 
    that the AHAM proposed test procedure should be used for the testing.
        GEA rebutted that the existing test procedure requires the minimum 
    and maximum fill settings be tested and that its machine can be tested 
    in the manual mode with the minimum and maximum settings and a waiver 
    was not required.
        The Department agrees with GEA that its clothes washer can be 
    tested with the existing test procedure regarding water fill. However, 
    a second requirement for a Waiver is whether a test procedure evaluates 
    a basic model in a manner so unrepresentative of its true energy 
    consumption as to provide materially inaccurate comparative data. 
    Therefore, the issues regarding GEA's clothes washer raised by the 
    commenters have merit. GEA has stated to the Department that when 
    applying the existing test procedure test loads and minimum and maximum 
    usage fill factors its clothes washer uses less energy when the 
    automatic water fill mode (as preset from the factory) is used versus 
    the manual mode. However, the ``sensitivity'' or relative fill amounts 
    of the automatic water fill mode can be reprogrammed in the secondary 
    programming mode, thus resulting in an increase in energy consumption 
    above the manual mode result.
        The Department believes that the GEA clothes washer should be 
    tested to capture both the automatic water fill mode and the manual 
    water fill mode since both options are available to the consumer. This 
    can be achieved by testing and averaging the two. This is consistent 
    with the Department's historical position when actual consumer usage 
    habits have not been known.4 However, the programmability of the 
    automatic water fill capability presents some difficulties. First, the 
    Department believes that the most energy intensive mode of the 
    automatic fill capability should be tested because this option is 
    available to the consumer through secondary programming. However, on 
    the other hand, to only test the most energy intensive mode of 
    automatic fill capability which is more energy intensive than the 
    factory preset, does not appear to be entirely fair because the 
    consumer may also choose to set the automatic water fill mode to a 
    lower, or less energy intensive mode than the factory preset. 
    Therefore, on an interim basis until additional comments and hopefully 
    statistically significant data can be provided, the Department believes 
    that averaging of the least energy intensive and most energy intensive 
    modes for automatic water fill capability is the best method to use to 
    determine the energy use in the automatic water fill mode. This result 
    shall then be averaged with the test result from the primary manual 
    water fill mode. The Department requests comments on this test method 
    and submission of statistically significant consumer usage data, if 
    available.
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         4  For example, the dishwasher test procedure uses a 50 
    percent usage factor for unheated dry option. (42 FR 15423, March 
    17, 1977).
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    Test Loads/Usage Factors
    
        With regard to activating the automatic water fill capability, 
    Whirlpool stated that GEA should use the test loads specified in the 
    AHAM proposed test procedure. The AHAM proposed test procedure 
    specifies larger test loads which more accurately reflects actual 
    consumer usage habits and requires additional testing for ``average'' 
    size loads. The Department does not agree with Whirlpool because 
    presently one manufacturer, Asko, has been granted a Waiver (59 FR 
    15719, April 4, 1994) for its clothes washers with automatic water fill 
    capability that uses the existing test procedure test loads to activate 
    the maximum and minimum fills and uses the existing test procedure 
    usage fill factors. Imposing larger test loads on GEA and requiring 
    additional testing would put GEA at a competitive disadvantage because 
    its competitors are allowed to use the requirements of the existing 
    test procedure. Therefore, the Interim Waiver granted to GEA today uses 
    a 3 pound test load to activate the minimum fill test with the current 
    0.28 usage fill factor, and a 7 pound test load to activate the maximum 
    fill test with the current 0.72 usage fill factor. In addition, the 
    Department has used the AHAM proposed rule language, where warranted. 
    For example, the term ``adaptive water fill control system'' was used 
    in lieu of ``automatic water fill capability.''
    
    Warm Rinses
    
        Maytag and Speed Queen expressed concerns about the GEA machine 
    possibly having warm rinses. Speed Queen indicated that although GEA 
    stated that the normal cycle did not have a warm rinse, it was 
    concerned about other cycles possibly having warm rinses. Speed Queen 
    referenced the Department's rulemaking regarding normal cycle 
    temperature selection lockouts (Energy Conservation Program for 
    Consumer Products, Docket No. EE-RM-93-701) and indicated that if a 
    warm rinse was available, then it should be handled similarly to that 
    rulemaking. Maytag was concerned about possible additional hot water 
    use for a warm rinse during an automatic water fill function. The 
    Department has learned that GEA's clothes washer does have a warm rinse 
    in the wool cycle. Presently, the test procedure does not allow for 
    testing of temperature selections in non- normal cycles, so GEA is not 
    required to test it. However, when the rulemaking for the normal cycle 
    temperature selection lockout (Docket No. EE-RM-93-701) is finalized, 
    it is likely that the requirements of that rule will require GEA and 
    other manufacturers to test warm rinses in cycles other than the normal 
    cycle.
    
    Justification
    
    (a) Economic Hardship
        GEA stated that it currently did not have a Monogram brand product 
    in its home laundry line. GEA indicated that delay of the introduction 
    of its clothes washer would also impact the introduction of its 
    Monogram dryer.
        Asko, Whirlpool and White Consolidated all provided comments about 
    the justification GEA provided to support its Application for Interim 
    Waiver. In regard to economic hardship, they all basically provided 
    comments that GEA did not demonstrate economic
    
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    hardship. GEA rebutted indicating that the requirements of 10 CFR, Part 
    430, Sec. 430.27(g) state that an Interim Waiver be granted if the 
    applicant will experience economic hardship, or if it appears likely 
    that the waiver will be granted, or if the waiver is desirable for 
    public policy reasons. GEA did not provide specific rebuttal relative 
    to economic hardship.
        The Department agrees with Asko, Whirlpool and White Consolidated 
    that GEA did not demonstrate economic hardship. The failure to sell a 
    particular clothes washer and/or clothes dryer for a corporation the 
    size of GEA would most likely not result in economic hardship. However, 
    if this were to be considered further, GEA would have to provide 
    specific data to justify that failure to sell its clothes washer would 
    demonstrate economic hardship.
    (b) Likely Approval of the Petition for Waiver
        GEA indicated that the Petition for Waiver was likely to be granted 
    because the GEA proposed test procedure conforms, as much as possible, 
    with the industry supported AHAM proposed test procedure. Asko 
    disagreed with GEA's assertion that its petition conforms with the AHAM 
    proposed test procedure. Asko believed that GEA should conduct field 
    testing per the provisions of the proposed AHAM test procedure.
        The Department believes that it is likely that the Petition for 
    Waiver (with possible modification) will be granted to GEA because its 
    clothes washer has features that cannot be tested per the existing test 
    procedure. Furthermore, if the features of the GEA clothes washer were 
    not tested, then the test results of the GEA clothes washer may be 
    materially unrepresentative of its true energy consumption. The 
    availability of 34 wash temperature selections is different than 
    traditional clothes washers, although the basic technology is not 
    novel; an acceptable test procedure can be developed for it. The 
    Department has addressed the technical issues, i.e., wash temperature 
    selections, automatic water fill capability, test loads, and warm 
    rinse, raised by commenters in the Interim Waiver being granted to GEA 
    today.
        Also, the Department has previously granted a Waiver to another 
    manufacturer (Asko, as indicated above) regarding automatic water fill 
    capability. Thus, it is likely that the Petition for Waiver will be 
    granted to GEA. Although the Department has concerns about the 
    secondary programming mode for automatic water fill capability, the 
    Department is requiring testing of the most and least energy intensive 
    condition until data and/or additional comment is received.
        With regard to field testing, presently no requirement exists. 
    However, the Department would support that effort, if it resulted in 
    the gathering of statistically significant usage data for automatic 
    water fill capability and the use of the secondary programming mode. 
    The Department does acknowledge that if, in the future, a Waiver is 
    granted to GEA, it could be changed significantly from today's Interim 
    Waiver based on public comment or statistically significant consumer 
    usage data, if submitted.
    (c) Public Policy
        GEA indicated that its clothes washer was equipped with high spin 
    speed, up to 1000 revolutions per minute (RPM), which results in 
    significant energy savings in the dryer. GEA also indicated that its 
    clothes washer has automatic water fill capability which is anticipated 
    to save energy in a consumer's home.
        Asko stated that the GEA product is not revolutionary. Asko also 
    stated that GEA's claim in its Petition is inconsistent with the GEA 
    position presented publicly to DOE. (DOE hearing on July 12, 1995, for 
    Docket No. EE-RM-94-230). Asko's concern is that GEA argued to DOE that 
    remaining moisture content (RMC) should have no bearing on energy use 
    or energy credits. Whirlpool believed GEA failed to provide a basis 
    that its clothes washer will save energy. Furthermore, Whirlpool 
    believed that until such time the test procedure and standards address 
    reduced RMC, it should not be considered for granting the Petition.
        GEA provided rebuttal, and stated that although it ``argued that a 
    clothes washer energy efficiency standard based on a mandatory RMC 
    requirement is inappropriate, it has consistently supported the energy 
    savings benefits of reduced RMC.'' (GEA rebuttal comment of November 9, 
    1995, page 4). GEA also indicated that its clothes washer will achieve 
    RMC levels of less than 40 percent which would result in approximately 
    $20/year savings versus a clothes washer with 62 percent RMC.
        The Department believes that the GEA clothes washer offers 
    technology that has the possibility of saving significant amounts of 
    energy. The Administration is committed to promoting energy efficient 
    technologies, such as, clothes washers with automatic water fill 
    capability and high spin speed. The Department has estimated that a 
    clothes washer with 40 percent RMC will save approximately $15/year for 
    consumers (weighted between gas and electric dryers) or approximately 
    40 percent of the cost to run their dryers versus a clothes washer with 
    62 percent RMC.\5\ Although RMC provisions are not reflected in the 
    current test procedure,\6\ the Department promotes energy efficiency 
    improvements for consumer products. In addition, the GEA clothes washer 
    is a vertical-axis clothes washer which has a RMC level below 40 
    percent. The Department is not aware of any vertical-axis clothes 
    washer with that low level of RMC. With regard to automatic water fill 
    capability, the laundry industry has submitted shipment weighted 
    average data to the Department indicating that the automatic water fill 
    feature would save approximately 11 percent of the energy consumed in a 
    clothes washer.\7\
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        \5\ See the Department's preliminary Engineering Analysis, 
    comment 40 on Docket No. EE-RM-94-403. Also, 62 percent RMC 
    represents the current industry shipment weighted average for 
    clothes washers.
        \6\ The Department has proposed this, see Docket No. EE-RM-94-
    230.
        \7\ See AHAM comment No. 38, Docket No. EE-RM-94-403.
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        Whirlpool expressed a concern that the GEA clothes washer may not 
    meet the minimum energy conservation standard.\8\ GEA rebutted that if 
    its clothes washer were tested per its submitted Application, then it 
    would exceed the minimum energy conservation standard. GEA is required 
    to certify with the Department that its clothes washer meets the 
    standard before it distributes the machine in commerce.
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        \8\ The Department has imposed minimum energy conservation 
    standards for consumer products (see 10 CFR, Part 430, Section 
    430.32). The Department is also presently reviewing the clothes 
    washers standards to determine if they need to be more stringent 
    (see Docket No. EE-RM-94-403).
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        Therefore, based on the likely approval of the Petition for Waiver 
    and for public policy reasons, the Department grants GEA an Interim 
    Waiver from the DOE test procedures for its clothes washer model 
    WZSE5310. GEA shall be permitted to test its clothes washer on the 
    basis of the test procedures specified in 10 CFR Part 430, Subpart B, 
    Appendix J, with the following modifications:
        (i) Add new sections, 1.19 through 1.21 in Appendix J to read as 
    follows:
        1.19  ``Adaptive water fill control system'' refers to 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 test 
    load placed in the clothes container, without allowing or requiring 
    consumer intervention and/or actions.
        1.20  ``Manual water fill control system'' refers to a clothes 
    washer water
    
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    fill control system which requires the consumer to determine or select 
    the water fill level.
        1.21  ``Secondary programming mode'' means an auxiliary function 
    used to adjust temperature, water level, rinse options or other 
    characteristics of the machine. The user must not be able to access 
    these adjustments from the normal operating mode of the machine, and 
    access to the secondary mode must not be necessary to operate the 
    machine.
        (ii) Section 2.8 through 2.8.2.2 in Appendix J shall be deleted and 
    replaced with the following:
        2.8  Use of test loads.
        2.8.1  Top-loader-vertical-axis clothes. The top-loader clothes 
    washer shall be tested without a test load, except for clothes washers 
    equipped with an adaptive water fill control system. Clothes washers 
    equipped with an adaptive water fill control system shall use a test 
    load per section 2.8.2.
        2.8.2  Front-loader and top-loader-vertical-axis with an adaptive 
    water fill control system, clothes washers.
        2.8.2.1  Standard size clothes washer. When the maximum water fill 
    level is being tested, the test load shall be seven pounds as described 
    in section 2.7.1. When the minimum water fill level is being tested, 
    the test load shall be three pounds as described in section 2.7.2.
        2.8.2.2  Compact size clothes washer. When either the maximum or 
    minimum water fill levels are being tested, the test load shall be as 
    described in section 2.7.2.
        (iii) Section 3.2 in Appendix J shall be deleted and replaced with 
    the following:
        3.2  Test cycle. Establish the test conditions set forth in 2 of 
    this Appendix. For clothes washers with both an adaptive water fill 
    control system and a manual water fill control system, test both the 
    manual and adaptive modes. Additionally, for clothes washers equipped 
    with more than one adaptive water fill control selection, including 
    clothes washers with secondary programming modes, test the selection 
    that will result in the maximum energy consumption and the selection 
    that will result in the minimum energy consumption.
        (iv) Section 3.2.2.2 in Appendix J shall be deleted and replaced 
    with the following:
        3.2.2.2  For automatic clothes washers, set the wash/rinse 
    temperature selector to the hottest setting available (hot/warm), 
    including a secondary programming mode.
        (v) Section 3.2.2.6 in Appendix J shall be deleted and replaced 
    with the following:
        3.2.2.6  For automatic clothes washers repeat sections 3.2.2.3, 
    3.2.2.4, and 3.2.2.5 for each of the other wash/rinse temperature 
    selections available that use hot water, including a secondary 
    programming mode. For clothes washers with multiple warm wash 
    temperature selections, test only the median warm wash setting at the 
    hottest temperature available. For clothes washers that have a cold 
    wash which uses hot water, test using the hottest temperature 
    available.
        (vi) Section 4.1 in Appendix J shall be deleted and replaced with 
    the following:
        4.1  Per-cycle temperature-weighted hot water consumption for 
    maximum and minimum water fill levels. For the manual water fill and 
    the adaptive water fill (the maximum energy consumption adaptive water 
    fill and the minimum energy consumption adaptive water fill, if 
    needed), calculate for the cycle under test the per-cycle temperature 
    weighted hot water consumption for the maximum water fill level, 
    Vmax, and for the minimum water fill level, Vmin, expressed 
    in gallons per cycle and defined as:
    [GRAPHIC] [TIFF OMITTED] TN24AP96.000
    
    where:
    Vi=reported hot water consumption in gallons per cycle at maximum 
    fill for each wash/rinse TUF combination setting, as provided in 
    section 3.2.2.
    TUFi=applicable temperature use factor in section 5 or 6.
    n=number of wash/rinse TUF combination setting available to the user 
    for the clothes washer under test.
    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.
    
        For clothes washers not equipped with the suds-saver feature:
    
        X1=1.0
        X2=0.0
        and
        [GRAPHIC] [TIFF OMITTED] TN24AP96.001
        
        [GRAPHIC] [TIFF OMITTED] TN24AP96.002
        
    where:
    Vj=reported hot water consumption in gallons per cycle at minimum 
    fill for each wash/rinse TUF combination setting, as provided in 
    section 3.3.3.
    TUFj=applicable temperature use factor in section 5 or 6.
    
    [[Page 18130]]
    
    ShL=fresh hot make-up water measured during suds-return cycle at 
    minimum water fill level.
    n=as defined above.
    TUFw=as defined above.
    X1=as defined above.
    X2=as defined above.
    
        For clothes washers that have more than one adaptive water fill 
    control selection, the (Vmax) adaptive (s) and (Vmin) 
    adaptive (s) calculated for the maximum and the minimum energy 
    consumption tests shall be averaged respectively, to report a single 
    (Vmax) adaptive and (Vmin) adaptive to be used in 
    4.2 for additional calculations.
        (vii) Section 4.2 in Appendix J shall be deleted and replaced with 
    the following:
        4.2  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 level, Emin, for both the manual and adaptive 
    fills, expressed in kilowatt-hours per cycle, as follows:
    [GRAPHIC] [TIFF OMITTED] TN24AP96.003
    
    where,
    MF=Multiplying factor to account for the absence of a test load=0.94 
    for top-loader clothes washers that are sensor filled, 1.0 for top 
    loader clothes washers that are time-filled, 1.0 for all front-loader 
    clothes washers, and 1.0 for adaptive fill tests.
    T=Temperature rise=90 deg.F.
    K=Water specific heat in kilowatt-hours per gallon degree F=0.0024.
    (Vmax) manual , (Vmax) adaptive=As defined in 
    section 4.1.
    [GRAPHIC] [TIFF OMITTED] TN24AP96.004
    
    and
    where,
    MF=As defined above.
    T=As defined above.
    K=As defined above.
    (Vmin) manual , (Vmin) adaptive=As defined in 
    section 4.1.
    
        (viii) Section 4.4 in Appendix J shall be deleted and replaced with 
    the following:
    
        4.4  Per-cycle machine electrical energy consumption. The values 
    recorded in section 3.3.1 are the per-cycle machine electrical energy 
    consumptions; ME manual, for a manual water fill control system; 
    ME adaptive, for an adaptive water fill control system; expressed 
    in kilowatt-hours per cycle. The following equation shall be used to 
    calculate the per-cycle machine electrical energy consumption, ME, 
    expressed in kilowatt-hours per cycle:
    [GRAPHIC] [TIFF OMITTED] TN24AP96.005
    
        For clothes washers that have more than one adaptive water fill 
    control selection, the ME adaptive (s) reported for the maximum 
    and the minimum energy consumption tests shall be averaged to report a 
    single ME adaptive for the above equation.
        This Interim Waiver is based upon the presumed validity of 
    statements and all allegations submitted by GEA Appliances Inc. This 
    Interim Waiver may be revoked or modified at any time upon a 
    determination that the factual basis underlying the Application is 
    incorrect.
        The 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 April 4, 1996.
    Christine A. Ervin,
    Assistant Secretary, Energy Efficiency and Renewable Energy.
    October 9, 1995.
    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 no 
    Applicable Temperature Usage Factor
        Dear Assistant Secretary: This Application for Interim Waiver 
    and Petition for Waiver is submitted pursuant to 10 CFR 430.27, 
    which provides for a modification of the required 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 sourcing its top of the line, Monogram 
    Brand, washer from Fisher & Paykel Industries Limited, New Zealand. 
    The model number is WZSE5310. This product has innovative design 
    characteristics which prevent testing it in strict accordance to the 
    existing Appendix J test method. These design characteristics are:
    
    --Five temperature selections in the primary wash mode including 
    hot, warm-hot, warm, warm-cold and cold wash--all with a cold rinse. 
    This product does not have water heating capability and achieves the 
    five temperatures by adjustment of the hot/cold mix ratio. A warm 
    rinse option is not available in the normal cycle.
    --A secondary programming mode which the consumer can access to 
    adjust the factory preset temperatures of the five settings in the 
    primary wash mode. In all, the consumer has a choice of 34 wash 
    temperatures.
    
    [[Page 18131]]
    
    
    
                                        <-----(colder) secondary="" programming="" mode="" (hotter)--=""> Adjustment Temperatures (F)                                   
    --------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                            Factory                                         
                                                                                                             Preset                                         
                   Wash temp. setting                                                                       (except                                         
                                                                                                              cold                                          
                                                                                                            setting)                                        
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    Hot.............................................          112          114          116          118          120          122          124          126
    Warm-hot........................................           97           99          101          103          105          107          109          111
    Warm............................................           87           89           91           93           95           97           99          101
    Warm-cold.......................................           77           79           81           83           85           87           89           91
    Cold:                                                                                                                                                   
        Cold water only*............................                        54           56           58           60           62           64           66
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    * Factory Preset for COLD setting.                                                                                                                      
    
        This request for waiver is submitted because (1) The combination 
    of five pre-set temperature selections--all with a cold water 
    rinse--are incompatible with any of the TUF tables in Section 4 of 
    the regulations; and (2) the requirement of section 3.2.2.6 that we 
    test all temperature selections that use hot water is unduly 
    burdensome. Instead, we propose modified regulations that will allow 
    for a conservative testing protocol appropriate to this product that 
    is also in accordance with the negotiated AHAM proposed rule.
        GEA proposes an Interim Waiver and Waiver to allow testing of 
    the machine per Appendix J with the following modifications:
        Add the following definition to the test procedure:
    
        1.19  ``Secondary programming mode'' means an auxiliary function 
    used to adjust temperature, water level, rinse options or other 
    characteristics of the machine. The user must not be able to access 
    these adjustments from the normal operating mode of the machine, and 
    access to the secondary mode must not be necessary to operate the 
    machine.
        Change section 3.2.2.6 of the test procedure as follows:
        3.2.2.6  For automatic clothes washers repeat 3.2.2.3, 3.2.2.4, 
    and 3.2.2.5 for each of the other wash/rinse temperature selections 
    available that use hot water except: 1) if wash temperature 
    selections are uniformly distributed, by temperature, between ``hot 
    wash'' and ``cold wash'', the reportable values to be used for the 
    warm water wash setting shall be the arithmetic average of hot and 
    cold selections measurements of 2) if wash temperature selections 
    are non-uniformly distributed, by temperature, between ``hot wash'' 
    and ``cold wash'', test all intermediate wash temperature selections 
    and average the results to obtain the reportable warm wash values. 
    For semi-automatic clothes washers. . .
        For model WZSE5310 this would mean using Alternate II from the 
    three temperature selection TUF table, section 5.3 of Appendix J 
    Hot/Cold, Warm/Cold, Cold/Cold, and using the average of the three 
    warm settings on the machine for Warm/Cold. This also conforms with 
    the new test procedure proposed by AHAM section 3.5.1. (The warm 
    setting is the default wash temperature for all cycles.)
        Change section 3.5 of the test procedure as follows:
        3.5.2.1  If the wash temperature offered in the normal operating 
    mode of the machine can be further adjusted in a secondary 
    programming mode, the higher of the factory preset temperature or 
    the mean of the adjustable range shall be used for testing.
        For model WZSE5310 this means using the factory preset 
    temperatures for the Hot and Warm settings and 60F for the Cold 
    setting for testing.
        The table above shows the possible temperature settings for the 
    machine (approximate bath water temperatures). To achieve the 
    temperatures to the right and left of the factory preset 
    temperatures on the table, the user must read the owners' guide to 
    learn how to enter a secondary programming mode and make a special 
    effort to enter this mode and change the temperatures. We feel 
    strongly that this secondary programming mode will be used very 
    infrequently because an Australia consumer survey of 202 users 
    showed that only about 6% of those consumers ever entered this mode 
    to adjust temperatures. There is no U.S. consumer data showing how 
    many consumers will enter the secondary programming mode and the 
    frequency that the consumers will adjust the temperatures. Lacking 
    this data, it is logical to assume that if consumers make the effort 
    to enter the secondary mode, it is equally or more likely that the 
    consumer will adjust the temperature down, saving energy, as it is 
    that the consumer will raise the temperature. This is especially 
    true since there are 4 downward adjustments and only 3 upward 
    adjustments possible. The owners' guide will also inform the 
    consumer that adjusting the temperature downward will save energy. 
    Thus, we believe that the most representative wash temperatures are 
    the factory preset temperatures.
        GEA requests immediate relief by grant of the proposed Interim 
    Waiver, justified by the following reasons:
        Economic Hardship--GEA currently has no Monogram brand product 
    in its home laundry product line. Delay of introduction of the this 
    product will not allow GE to complete its product line. Since a 
    Monogram dryer will be introduced with this product, its 
    introduction would also be delayed.
        Likely Approval of Waiver--The Petition for Waiver is likely to 
    be granted because the test procedure proposed conforms as much as 
    possible with the new test procedure supported by AHAM. This new 
    AHAM test procedure is likely to be adopted.
        Public Policy Merits-GE's Monogram washers are designed to 
    efficiently extract more water from wet clothes by a high speed spin 
    cycle, up to 1000 RPM. Such water extraction is many times more 
    energy efficient than drying the same amount of water. This 
    innovation in clothes washer design does not affect the test method 
    for clothes washers, but does result in increased total energy 
    savings. GE's new washer is also factory preset to an auto water 
    fill level. The machine senses the clothes load and uses only the 
    amount of water necessary to clean the clothes. Because a manual 
    High/Medium/Low water fill level is also available, we will test the 
    machine using the manual water levels per the test procedure. 
    However, the auto water fill feature is expected to show actual 
    energy savings for the consumer.
    
        Thank you for considering this petition.
    Lee Bishop,
    Senior Counsel Product Safety/Regulatory.
    Jane Ransdell,
    Energy Standards Engineer.
    [FR Doc. 96-9950 Filed 4-23-96; 8:45 am]
    BILLING CODE 6450-01-P
    
    

Document Information

Comments Received:
0 Comments
Published:
04/24/1996
Department:
Energy Efficiency and Renewable Energy Office
Entry Type:
Notice
Action:
Notice.
Document Number:
96-9950
Dates:
DOE will accept comments, data, and information not later than May 24, 1996.
Pages:
18125-18131 (7 pages)
Docket Numbers:
Case No. CW-004
PDF File:
96-9950.pdf