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

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]

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