[Federal Register Volume 61, Number 220 (Wednesday, November 13, 1996)]
[Notices]
[Pages 58175-58176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-29006]
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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. CW-004]
Energy Conservation Program for Consumer Products: Granting of an
Extension for an Interim Waiver to General Electric Appliances From the
DOE Clothes Washer Test Procedure (Case No. CW-004)
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice.
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SUMMARY: Today's notice grants an extension of the Interim Waiver
previously granted to General Electric Appliances (GEA). Interim Waiver
CW-004 was granted to GEA on April 4, 1996, and published in the
Federal Register on April 24, 1996, for its clothes washer with non-
traditional wash temperature selections and automatic water fill
capability. The Department has not yet issued a Decision and Order and
is extending the Interim Waiver by 180 days.
FOR FURTHER INFORMATION CONTACT:
P. Marc LaFrance, U.S. Department of Energy, Office of Energy
Efficiency and Renewable Energy, Mail Station EE-431, Forrestal
Building, 1000 Independence Avenue, SW., Washington, DC 20585-0121,
(202) 586-8423.
Eugene Margolis, Esq., U.S. Department of Energy, Office of General
Counsel, Mail Station GC-72, Forrestal Building, 1000 Independence
Avenue, SW, Washington, DC 20585-0103, (202) 586-9507.
SUPPLEMENTARY INFORMATION: The Energy Conservation Program for Consumer
Products (other than automobiles) was established pursuant to the
Energy Policy and Conservation Act, as amended, (EPCA) 42 U.S.C. 6291
et seq., which requires DOE to prescribe standardized test procedures
to measure the energy consumption of certain consumer products,
including clothes washers. The intent of the test procedures is to
provide a comparable measure of energy consumption through which
manufacturers can establish compliance and that will assist consumers
in making purchasing decisions. These test procedures appear at Title
10 CFR Part 430, Subpart B.
DOE amended the test procedure rules to provide for a waiver
process by adding Sec. 430.27 to 10 CFR Part 430. (45 FR 64108,
September 26, 1980.) Thereafter, DOE further amended the appliance test
procedure waiver process to allow the Assistant Secretary for Energy
Efficiency and Renewable Energy (Assistant Secretary) to grant an
Interim Waiver from test procedure requirements to manufacturers that
have petitioned DOE for a waiver from such prescribed test procedures.
(51 FR 42823, November 26, 1986).
The waiver process allows the Assistant Secretary to temporarily
waive the test procedures for a particular basic model when a
petitioner shows that the basic model contains one or more design
characteristics which prevent testing according to the prescribed test
procedures or when the prescribed test procedures may evaluate the
basic model in a manner so unrepresentative of its true energy
consumption as to provide materially inaccurate comparative data.
Waivers generally remain in effect until final test procedure
amendments become effective, resolving the problem that is the subject
of the waiver.
The Interim Waiver provisions, added by the 1986 amendment, allow
the Assistant Secretary to grant an Interim Waiver when it is
determined that the applicant will experience economic hardship if the
Application for Interim Waiver is denied, if it appears likely that the
Petition for Waiver will be granted, and/or the Assistant Secretary
determines that it would be desirable for public policy reasons to
grant immediate relief pending a determination on the Petition for
Waiver. An Interim Waiver remains in effect for a period of 180 days or
until DOE issues its determination on the Petition for Waiver,
whichever is sooner, and may be extended for an additional 180 days, if
necessary.
On October 9, 1995, GEA filed a Petition for Waiver and an
Application for Interim Waiver regarding its clothes washer model
WZSE5310. The design features of this model that differ from those
covered by the existing clothes washer test procedure are: five wash
temperatures (a cold, three warms and a hot) in a factory preset
primary mode, 34 wash temperature selections in a secondary programming
mode which may be substituted for the factory preset temperatures, and
a consumer activated choice of a manual or automatic water fill
capability. Current test procedures do not contain provisions for
testing clothes washers with these features. On April 4, 1996, in
accordance with 10 CFR Part 430, Section 430.27(g), the Department
granted GEA an Interim Waiver on the grounds that it is ``likely that
the Petition for Waiver will be granted'' and for ``public policy
reasons.'' On April 24, 1996, both the Interim Waiver and Petition for
Waiver were published in the Federal Register. 61 FR 18125. The Interim
Waiver was granted for 180 days.
Currently, the Department is considering adoption of revisions to
the clothes washer test procedure found at 10 CFR Part 430, Subpart B,
Appendix J, which may resolve some or all of the issues addressed in
the Interim Waiver granted to GEA. Therefore, a decision regarding the
Petition for Waiver for the GEA clothes washer is being delayed.
Accordingly, in accordance with 10 CFR Part 430, Section 430.27 (h),
the Department is granting GEA an extension to the Interim Waiver.
The Interim Waiver is based upon the presumed validity of all
statements and assertions submitted by GEA. The Interim Waiver may be
revoked or modified at any time upon a
[[Page 58176]]
determination that the factual basis underlying the Application is
incorrect.
The Interim Waiver shall remain in effect until March 29, 1997, or
until the Department acts on the Petition for Waiver, whichever is
sooner.
Issued in Washington, DC, November 6, 1996.
Christine A. Ervin,
Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 96-29006 Filed 11-12-96; 8:45 am]
BILLING CODE 6450-01-P
