Energy Conservation Program for Consumer Products: Granting of the Application for Interim Waiver and Publishing of the Petition of Miele Appliance Inc. (Miele) for Waiver From the Department of Energy Clothes Washer Test Procedure, (Case No. CW-003).

DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. CW-003]

Energy Conservation Program for Consumer Products: Granting of

the Application for Interim Waiver and Publishing of the Petition of

Miele Appliance Inc. (Miele) for Waiver From the Department of Energy

Clothes Washer Test Procedure, (Case No. CW-003).

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

Energy.

SUMMARY: Today's notice publishes a letter granting an Interim Waiver

to Miele and a Petition for Waiver request from the existing Department

of Energy (Department or DOE) clothes washer test procedure for the

company's clothes washer models W1903, W1918, and W1930. The design

features that differ from those covered by the existing clothes washer

test procedure are: an internal electrical heater for heating wash

water, a continuously variable wash water temperature control; 208/240

volt electrical power supply; and machine-controlled water fill

capability.

Miele seeks to test by internally heating inlet cold water instead

of using externally heated water; test by using the coldest and hottest

temperature setting available on its machines, along with warm (minimum

of 100 deg.F to maximum of 105 deg.F) and hot (minimum of 140 deg.F

to 145 deg.F) temperature settings with new temperature use factors

instead of the existing test procedure temperature requirements and

temperature use factors; test using a 208/240 volt power supply instead

of a 120 volt power supply; and test without selecting a desired level

of fill instead of manually selecting minimum and maximum fill

settings. DOE is soliciting comments and information regarding the

Petition for Waiver.

DATES: DOE will accept comments, data, and information not later than

September 15, 1995.

ADDRESSES: Written comments and statements shall be sent to: Department

of Energy, Office of Energy Efficiency and Renewable Energy, Case No.

CW-003, Mail Stop EE-431, Room 1J-018, Forrestal Building, 1000

Independence Avenue, SW., Washington, DC, 20585 (202) 586-7574.

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, (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, (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, Public Law 94-163, 89 Stat. 917,

amended by the National Energy Conservation Policy Act, Public Law 95-

619, 92 Stat. 3266, the National Appliance Energy Conservation Act of

1987, Public Law 100-12, the National Appliance Energy Conservation

Amendments of 1988, Public Law 100-357, and the Energy Policy Act of

1992, Public Law 102-486, 106 Stat. 2776, 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 10 CFR Part 430, Subpart B.

DOE amended the prescribed test procedures by adding 10 CFR 430.27

on September 26, 1980, creating the waiver process (45 FR 64108).

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 of 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.

Pursuant to Sec. 430.27(g), the Assistant Secretary shall publish

in the Federal Register notice of each waiver granted, and any limiting

conditions of each waiver.

In accordance with Sec. 430.27 of 10 CFR Part 430, on June 2, 1995,

Miele filed a Petition for Waiver and an Application for Interim Waiver

regarding its clothes washer models W1903, W1918, and W1930, with the

following design features that differ from those covered by the

existing clothes washer test procedure: an internal electrical heater

for heating wash water; a continuously variable wash water temperature

control; 208/240 volt electrical power supply; and machine-controlled

water fill capability. Miele's Application seeks an Interim Waiver from

the DOE provisions that require an externally heated water supply,

three specified temperature settings (i.e., 140 deg. F, 100 deg. F, and

60 deg. F), 120 volt electrical power supply, and manually selected

water fill settings. Instead, Miele requests the allowance to test its

machines with: a cold water supply that is heated internally for

washing; the coldest and hottest temperature setting available on its

machines along with warm (minimum of 100 deg. F to maximum of 105 deg.

F) and hot (minimum of 140 deg. F to

[[Page 42554]]

maximum 145 deg. F) temperature settings with new temperature use

factors; manufactured specified voltages of 208/240; and allowing the

machine to automatically select the fill settings based on the existing

test procedure test load.

Miele states in its application that it is likely the Waiver will

be granted, because waivers for clothes washers with such design

characteristics were granted to Asko (59 FR 15719, April 4, 1994) and

New Harmony (59 FR 15710, April 4, 1994). Miele also stated that its

clothes washer is intended to be sold as a pair with one of the Miele

clothes dryers, and denial of an interim waiver for the clothes washer

would adversely affect sales of the clothes dryer as well. Miele

indicated that because revenue from the sales of laundry products is

essential to the financial well-being of its company, a denial would

severely affect the company. Miele explained how its clothes washers

are energy efficient and innovative, and believes that from a public

policy standpoint, the Interim Waiver should be granted to promote

energy savings.

In those instances, where the likely success of the Petition for

Waiver has been demonstrated based upon DOE having granted a waiver for

a similar product design, it is in the public interest to have similar

products tested and rated for energy consumption on a comparable basis.

Therefore, based on the above, DOE is granting Miele an Interim

Waiver for its clothes washer models WI1903, WI1918, and WI1930.

Pursuant to paragraph (e) of Sec. 430.27 of the Code of Federal

Regulations Part 430, the following letter granting the Application for

Interim Waiver to Miele was issued.

Pursuant to paragraph (b) of 10 CFR 430.27, DOE is hereby

publishing the ``Petition for Waiver.'' The Miele Appendix 1 of its

Petition is not being published, because it is essentially a duplicate

to the modifications to the DOE test procedures provided in the

Department's letter granting the Interim Waiver to Miele. However, the

original submission is available upon request at the address provided

at the beginning of today's notice. The petition contains no

confidential information. DOE solicits comments, data and information

regarding the Petition discussed above.

Issued in Washington, DC August 10, 1995.

Christine A. Ervin,

Assistant Secretary, Energy Efficiency and Renewable Energy.

Department of Energy

Washington, DC 20585

August 10, 1995

Mr. Nick Ord,

Vice-President and General Manager, Miele Appliances, Inc., 22D

Worlds Fair Drive, Somerset, NJ 08873

Dear Mr. Ord: This is in response to your Petition for Waiver

and Application for Interim Waiver of June 2, 1995, from the

Department of Energy (the Department) test procedure pursuant to

Title 10 CFR Part 430.27 for clothes washers, regarding Miele

Appliances Inc. (Miele) clothes washer models W1903, W1918, and

W1930. The Miele clothes washers have the following design features

that differ from those covered by the existing clothes washer test

procedure: an internal electrical heater for heating wash water; a

continuously variable wash water temperature control; 208/240 volt

electrical power supply; and machine-controlled water fill

capability.

Previous waivers from DOE test procedures for clothes washers

with such design features have been granted to DOE to Asko (59 FR

15719, April 4, 1994) and New Harmony (59 FR 15710, April 4, 1994).

Thus, it appears likely that the Miele's Petition for Waiver will be

granted by DOE.

Miele also stated that its clothes washer is intended to be sold

as a pair with one of the Miele clothes dryers, and that denial of

an interim waiver for the clothes washer would adversely affect

sales of the clothes dryer as well. Miele indicated that revenue

from the sales of laundry products is essential to the financial

well-being of its company, and that a denial would severely affect

the company. Miele explained how its clothes washers are energy

efficient and innovative, and believes that from a public policy

standpoint, the Interim Waiver should be granted to promote energy

savings.

Therefore, based on the likely approval of the Petition for

Waiver and potential economic hardship which may result if Miele is

unable to sell its products during the time required to process the

Petition for Waiver, the Department grants Miele's Application for

an Interim Waiver from the DOE test procedures for its clothes

washer models W1903, W1918, and W1930.

Miele shall be permitted to test its clothes washers 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 and 1.20 in Appendix J to read as

follows:

1.19 ``Water-heating clothes washer'' means a clothes washer

that has an internal electrical heater which provides all the energy

needed to heat water for washing.

1.20 ``Non-water-heating clothes washer'' means a clothes

washer that does not have an internal electrical heater which

provides the energy needed to heat water for washing.

(ii) Sections 2.2 and 2.3 in Appendix J shall be deleted and

replaced with the following:

2.2 Electrical energy supply. Maintain the electrical supply to

the clothes washer terminal block within 1.7 percent of 120/208Y or

120/240 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 recommended by the manufacturer.

2.3 Water temperature.

2.3.1 Water-heating clothes washers. The temperature of the

water supply shall be maintained at a minimum of 55 deg.F

(12.8 deg.C) and a maximum of 60 deg.F (15.6 deg.C).

(iii) Sections 3.2.1 through 3.3.5 in Appendix J shall be

deleted and replaced with the following:

3.2.1 Per-cycle electrical energy consumption at maximum fill.

Set the water level selector to the maximum fill position, if

manually controlled.

3.2.1.1 Hottest wash at maximum fill. Activate the machine and

insert the appropriate test load as specified in Section 2.8.2.1.

Select the normal or its equivalent wash cycle. Where spin speed

selection is available, set the control to its maximum setting. Set

the water temperature selector to the hottest setting and activate

the wash cycle. Measure and record the kilowatt-hours of electrical

energy consumed for the complete cycle as Eht,max..

3.2.1.2 Hot wash at maximum fill. Insert a water temperature

sensing device inside the inner drum prior to testing. Activate the

machine and insert the appropriate test load as specified in Section

2.8.2.1. Select the normal or its equivalent wash cycle. Where spin

speed selection is available, set the control to its maximum

setting. Set the water temperature selector to the hot setting (a

minimum of 140 deg.F (60 deg.C) and a maximum of 145 deg.F (62.8

deg.C)) and activate the wash cycle. Verify the wash water

temperature, which must be a minimum of 140 deg.F (60 deg.C) and a

maximum of 145 deg.F (62.8 deg.C). If the measured water

temperature is not within the specified range, stop testing, adjust

the temperature selector accordingly, and repeat the procedure.

Otherwise, proceed and complete testing. Measure and record the

kilowatt-hours of electrical energy consumed for the complete cycle

as Eh,max.

3.2.1.3 Warm wash at maximum fill. Repeat Section 3.2.1.2 for a

warm wash setting at a minimum of 100 deg.F (37.8 deg.C) and a

maximum of 105 deg.F (40.6 deg.C). Measure and record the

kilowatt-hours of electrical energy consumed for the complete cycle

as Ew,max.

3.2.1.4 Cold wash at maximum fill. Repeat Section 3.2.1.1 for

the coldest water setting. Measure and record the kilowatt-hours of

electrical energy consumed for the complete cycle as Ec,max.

Ensure that the inlet water temperature is maintained per Section

2.3.1.

3.2.2 Per-cycle electrical energy and consumption at minimum

fill. Set the water level selector to the minimum fill position, if

manually controlled.

3.2.2.1 Hottest wash at minimum fill. Repeat Section 3.2.1.1

for a test load as specified in Section 2.8.2.1. Measure and record

the kilowatt-hours of electrical energy consumed for the complete

cycle as Eht,min.

3.2.2.2 Hot wash at minimum fill. Repeat Section 3.2.1.2 for a

test load as specified in Section 2.8.2.1. The hot wash setting

shall be at a minimum of 140 deg.F (60 deg.C) and a maximum of 145

deg.F (62.8 deg.C). Measure and record the kilowatt-hours of

electrical energy consumed for the complete cycle as Eh,min.

[[Page 42555]]

3.2.2.3 Warm wash at minimum fill. Repeat Section 3.2.1.2 for

warm wash setting at a minimum of 100 deg.F (37.8 deg.C) and a

maximum of 105 deg.F (40.6 deg.C). Measure and record the

kilowatt-hours of electrical energy consumed for the complete cycle

as Ew,min.

3.2.2.4 Cold wash at minimum fill. Repeat Section 3.2.1.1 for

the coldest wash setting. Measure and record the kilowatt-hours of

electrical energy consumed for the complete cycle as Ec,min.

Ensure that the inlet water temperature is maintained per Section

2.3.1.

(iv) Sections 4.1 through 4.6 in Appendix J shall be deleted and

replaced with the following:

4.1 Per-cycle temperature-weighted machine electrical energy

consumption for maximum and minimum water fill levels. Calculate the

per-cycle temperature-weighted electrical 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=(0.05 x Eht,max) + (0.25 x Ew,max) + (0.55

x Ec,max)

Emin=(0.05 x Eht,min) + (0.25 x Eh,min) + (0.55

x Ec,min)

where:

Eht,max = as defined in Section 3.2.1.1

Eh,max = as defined in Section 3.2.1.2

Ew,max = as defined in Section 3.2.1.3

Ec,max = as defined in Section 3.2.1.4

Eht,min = as defined in Section 3.2.2.1

Eh,min = as defined in Section 3.2.2.2

Ew,min = as defined in Section 3.2.2.3

Ec,min = as defined in Section 3.2.2.4

4.2 Total per-cycle machine electrical energy consumption.

Calculate the total per-cycle energy-consumption, ETE,

expressed in kilowatt-hours per cycle and defined as:

ETE=(0.72 x Emax) + (0.28 x Emin)

where:

Emax, Emin = as defined in Section 4.1

(v) In CFR Section 430.22, paragraph (j)(1)(i)(B), change the

following:

From: ``. . . according to 4.6 of Appendix (j) . . .''

To: ``. . .according to 4.2 of Appendix (j) . . .''

(vi) Section 430.22 of the CFR, paragraph (j)(2), shall be

deleted and replaced with the following:

(J)(2) The energy factor for water-heating clothes washers shall

be the quotient of the cubic foot capacity of the clothes container

as determined in 3.1 of Appendix J to this subpart divided by the

clothes washer energy consumption per cycle expressed as the total

per cycle machine electrical energy consumption as determined in 4.2

of Appendix J to this subpart. The resulting shall be rounded off to

the nearest 0.01 cubic foot per kilowatt-hour.

This interim Waiver is based upon the presumed validity of

statements and all allegations submitted by Miele 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.

Best regards,

Christine A. Evin,

Assistant Secretary, Energy Efficiency and Renewable Energy.

Miele

Appliances, Inc.

22D Worlds Fair Drive Somerset NJ 08873 (908)

560-0899 Toll Free 1-800-843-7281 FAX (908)

???????

June 2, 1995

Assistant Secretary, U.S. Department of Energy, Office of Energy

Efficiency and Renewable Resources, Room 5E-066, Forrestal Building,

1000 Independence Avenue, S.W., Washington, D.C. 20585

Re: Application for Interim Waiver and Petition for Waiver, 10

C.F.R. Subparts B, Appendix J--Uniform Test Method For Measuring

Energy Consumption of Automatic and Semi-Automatic Clothes Washers

Dear Assistant Secretary: Miele Appliances, Inc. (``Miele'')

hereby submits this application for Interim Waiver and Petition for

Waiver pursuant to 10 C.F.R. Sec. 430.27. This Section provides for

waiver of test methods on the grounds that a basic model contains

design characteristics that either prevent testing according to the

prescribed test procedure or produce data so unrepresentative of a

covered product's true energy consumption characteristics as to

provide materially inaccurate comparative data. Miele clearly

qualifies for such relief.

Miele requests an interim waiver and a waiver from DOE's test

procedures for its clothes washers Models W1903, W1918, and W1930.

These models have the following design features that differ from

those covered by DOE's existing clothes washer testing procedures:

An internal electrical heater for heating clothes wash

water;

Variable wash water temperature controls;

208/240 volt electrical power supply; and

machine-controlled water-fill capability.

Miele requests that an interim waiver and a waiver be granted to

allow for testing that takes these features into account.

There is strong precedent for such an interim waiver and waver.

See, 59 Fed. Reg. 15719 (April 4, 1994) (waiver; Asko, Inc.); 59

Fed. Reg. 15710 (April 4, 1994) (waiver; New Harmony Systems Corp.);

58 Fed. Reg. 47130 (Sept. 7, 1993) (interim waiver; Asko, Inc.); 58

Fed. Reg. 33089 (June 15, 1993) (interim waiver; New Harmony Systems

Corp.).

These four features are discussed below.

Internal electrical heater. Miele's clothes washer

models W1903, W1918, and W1030 use an internal heater that heats the

water supplied for washing. The DOE test procedure is not based on

an internal heater. Since the nature of a water-heating clothes

washer is significantly different from a non-water-heating clothes

washer, the waiver is warranted. Such a waiver was granted to Asko

and New Harmony.

The W1903 has only a cold-water connection. This places it

outside the scope of the DOE test procedure, since the incoming

water temperature cannot be controlled by thermostatically

controlled valves as per Section 2.3, or by opening and closing the

valves as called for in Section 3.2.2.6. The W1918 and W1930 have

both cold and hot-water connections and thermostatically controlled

water valves, but the internal heater nonetheless heats the wash

water to whatever temperature is selected and maintains this

temperature for the duration of the wash program. Therefore, a

waiver is warranted on all three models in the light of the internal

water heater.\1\

\1\ Miele believes that the simplest way to test the W1918 and

W1930 would be to allow them to be tested using cold water only. The

proposed test procedure for Miele's waiver adopts this approach.

Another option would be to develop new equations for the testing of

a water-heating clothes washer with both cold- and hot-water

connections.

---------------------------------------------------------------------------

208/240 volt electrical power supply. Miele's units use

a 208/240 volt power supply. Miele therefore requests a waiver from

the DOE test provision that requires 120+/-2 volts electrical power

supply.

Variable wash water temperature controls. Miele's

clothes washers have variable wash water temperature controls. Since

the selectable temperatures on the Miele models do not correspond to

the temperatures in the DOE test procedures, which are 140 deg.F/

60 deg.C for hot, 100 deg.F/38 deg.C for warm, and 60 deg.F/16 deg.C

for cold, Miele therefore requests a waiver from the DOE test

provision that requires testing at three specific temperatures

obtained using two specified intake water temperatures.

Machine-controlled water-full capability. The DOE

procedure is based on a manual water-fill control. Miele's washing

machines do not have a manual water-fill control. Miele requests a

waiver concerning its design feature that automatically controls the

water level in the clothes washer based on the clothes load.

Miele therefore proposes an interim waiver and waiver to amend

the test procedure for testing its clothes washers, according to the

test method attached as Appendix 1 hereto.

* * * * *

Miele requests immediate relief by grant of the proposed interim

waiver, justified by the following reasons:

Likely Approval of Waiver. The Petition for Waiver is likely to

be granted. Waivers concerning clothes washers with such design

characteristics were granted to Asko and New Harmony. The design

characteristics of water-heating clothes washers are distinctly

different from non-heating clothes washers. It seems very likely

that a test method on the lines of the proposed method will be

approved.

Economic Hardship. Clothes washers, together with clothes

dryers, are an important part of Miele's business. Since the Miele

clothes washer is intended to be sold as a pair with one of the

Miele clothes dryers, denial of an interim waiver for the clothes

washers would adversely affect sales of the clothes dryers as well.

Since the revenue from the sale of laundry products is essential to

the financial well-being of the company, a denial would severely

affect the company.

[[Page 42556]]

Denial of the interim waiver would adversely affect Miele's home

office, which employs 58 employees, its 175 independent service

agencies, 400 independent retailers, 17 independent sales

representatives and 4 regional distributors that carry the Miele

product line throughout the country.

Public Policy Merits. The public policy benefits of encouraging

business success and fostering innovation in clothes washer design

are additional reasons for prompt approval of the requested interim

waiver.

Miele clothes washers are innovative and beneficial products.

Miele's water-hearing clothes washers use less than one-third of

the water for washing, compared to most clothes washers. This means

much less energy for heating wash water.

It also means a substantial reduction in washing chemicals

introduced into the environment. Miele's water heating clothes

washers are designed to efficiently extract more water from wet

clothes by a high speed spin cycle, up to 1600 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 energy savings. These are additional reasons why the

requested interim waive should receive prompt approval.

In that regard, the basic purpose of the Energy Policy and

Conservation Act, as amended by the National Appliance Energy

Conservation Act, is to foster purchase of energy efficient

appliances, not to hinder such purchases. The granting of the waiver

and interim waiver will promote this policy and will result in

increased energy savings.

Furthermore, continued employment creation and ongoing

investments in Miele's marketing, sales and service activities will

be fostered by approval of the requested interim waiver. Conversely,

denial would harm the company and would be anticompetitive. And, it

would be unjust to grant interim waivers and waivers to Asko and New

Harmony but deny them to Miele.

In the period between interim waiver and waiver, only a

relatively small number of water-heating clothes washers will be

sold by Miele. Any difference between the test method approved for

interim waiver and that finally approved for the Waiver will have

only minimal impact on energy consumption or consumer decisions.

* * * * *

Thank you for your timely attention to this request for interim

waiver and waiver.

We hereby certify that all clothes washer manufacturers of

domestically-marketed units known to Miele Appliances, Inc. have

been notified by letter of this application, copies of which are

attached as Appendix 2 hereto.

Sincerely,

Nick Ord,

Vice President and General Manager, Miele Appliances, Inc.

Attachments

[FR Doc. 95-20282 Filed 8-15-95; 8:45 am]

BILLING CODE 6450-01-M