[Federal Register: November 7, 2003 (Volume 68, Number 216)]
[Notices]               
[Page 63075-63083]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07no03-56]                         

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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

 
Energy Conservation Program for Consumer Products: Granting of 
the Application for Interim Waiver and Publishing of the Petition for 
Waiver of Fisher & Paykel Appliances Limited From the DOE Clothes 
Washer Test Procedure

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

ACTION: Notice of petition for waiver and solicitation of comments.

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SUMMARY: Today's notice grants an Interim Waiver to Fisher & Paykel 
Appliances Limited (Fisher & Paykel), publishes Fisher & Paykel's 
Petition for Waiver from the existing Department of Energy (DOE or 
Department) clothes washer test procedure for its IW model clothes 
washer which has an adaptive control system, and seeks comment on that 
Petition for Waiver. The DOE clothes washer test procedure requires 
manufacturers of non-conventional clothes washers with adaptive control 
systems other than adaptive water fill control systems to seek such a 
waiver.
    Fisher & Paykel seeks a waiver because its clothes washer model IW 
has an adaptive control system with two sensing modes, water level 
sensing and fabric sensing, to assess the type of load in the washer. 
This model does not have the conventional ``normal'' cycle used by the 
DOE clothes washer test procedure set forth in 10 CFR part 430, subpart 
B, appendix J, or the energy test cycle for washing cotton or linen 
clothes used in Appendix J1. Instead, Fisher & Paykel seeks to test the 
washer by determining a cycle that is equivalent to the normal cycle 
and the energy test cycle. The company proposes to test the default 
cycle that begins when a user pushes the power button to start the 
washer. This default cycle is the midpoint of the five settings 
controlled by the washer's ``How Dirty'' button, setting three. This 
waiver seeks only to confirm which test cycle to use. Fisher & Paykel 
will then follow the remaining steps of the existing test procedure to 
determine the energy consumption of the clothes washer. The Department 
is soliciting comments, data, and information regarding the Petition 
for Waiver.

DATES: The Department will accept comments, data, and information 
regarding this Petition for Waiver not later than December 8, 2003.

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ADDRESSES: Please submit comments, data, and information electronically 
if possible. Comments should be sent to the following Internet address: clotheswasherwaiver@ee.doe.gov. Electronic comments must be submitted 
in a WordPerfect, Microsoft Word, or PDF format, and avoid the use of 
special characters or any form of encryption. Comments in electronic 
format should be identified by the case number CW-012, and wherever 
possible carry the electronic signature of the author. Absent an 
electronic signature, comments submitted electronically must be 
followed and authenticated by submitting the signed original paper 
document. No telefacsimiles (telefaxes) will be accepted.
    Written (paper) comments may be submitted to: Ms. Brenda Edwards-
Jones, U.S. Department of Energy, Office of Energy Efficiency and 
Renewable Energy, Building Technologies Program, EE-2J, Case Number CW-
012, 1000 Independence Avenue, SW., Washington, DC 20585-0121, (202) 
586-2945. Please submit one signed copy--no telefacsimiles.
    You may read copies of the public comments received in the resource 
room of the appliance office of the Building Technologies Program, room 
1J-018 of the Forrestal Building at the U.S. Department of Energy, 1000 
Independence Avenue, SW., Washington, DC, between the hours of 9 a.m. 
and 4 p.m., Monday through Friday, except Federal holidays. Please call 
Ms. Brenda Edwards-Jones at the above telephone number for additional 
information regarding visiting the resource room.

FOR FURTHER INFORMATION CONTACT: Barbara Twigg, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, EE-2J, 1000 
Independence Avenue, SW., Washington, DC 20585-0121, (202) 586-8714, e-mail: barbara.twigg@ee.doe.gov; or Francine Pinto, Esq., U.S. 
Department of Energy, Office of General Counsel, GC-72, 1000 
Independence Avenue, SW., Washington, DC 20585, (202) 586-7432, e-mail: Francine.Pinto@hq.doe.gov.

SUPPLEMENTARY INFORMATION: Title III of the Energy Policy and 
Conservation Act (EPCA) sets forth a variety of provisions designed to 
improve energy efficiency. Part B of title III (42 U.S.C. 6291-6309) 
provides for the Energy Conservation Program for Consumer Products 
Other Than Automobiles. Among its provisions, it 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. The test procedures for clothes washers are set forth in 10 
CFR part 430, subpart B, appendix J and J1.
    The Department's regulations in 10 CFR 430.27, set forth a process 
by which an interested person may seek a waiver and an interim waiver 
from the test procedure requirements for a covered consumer product. 
The waiver process allows the Assistant Secretary for Conservation and 
Renewable Energy (now known as the Assistant Secretary for Energy 
Efficiency and Renewable Energy) to waive temporarily 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 a revised test procedure becomes effective, thereby 
resolving the problem that is the subject of the waiver.
    An Interim Waiver will be granted by the Assistant Secretary for 
Energy Efficiency and Renewable Energy if 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. 10 CFR 
430.27 (g). An Interim Waiver remains in effect for a period of 180 
days from the date of issuance 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. 10 CFR 430.27(h).
    In addition to the waiver process outlined in 10 CFR 430.27, the 
clothes washer test procedure published August 27, 1997, specifically 
requires manufacturers of clothes washers with an adaptive control 
system, other than an adaptive water fill control system, to obtain a 
waiver to establish an acceptable test procedure for each such clothes 
washer. 62 FR 45501, 45514. Neither Appendix J (in effect through 
December 31, 2003) nor Appendix J1 (effective January 1, 2004) of that 
test procedure provides a means for determining the energy consumption 
of a clothes washer with an adaptive control system.
    On March 26, 2003, Fisher & Paykel filed an Application for Interim 
Waiver and a Petition for Waiver regarding its clothes washer model IW 
which has an adaptive control system that affects more than the water 
fill and cannot be tested accurately using the existing test procedure. 
Instead of having a means to select a ``normal'' cycle for testing (per 
Appendix J) or an energy test cycle for washing cottons and linens for 
testing (per Appendix J1), the machine features two sensing modes, 
water level sensing and fabric sensing, to determine the wash action. 
Both sensing modes employ specific agitator strokes and then assess the 
load's response to those agitator strokes. When a customer pushes the 
start button, the IW washer will, like many washers, go through an 
automatic sensing process to determine the water level. However, it 
will also sense the fabric type of the load and assign an agitator 
profile for that cycle. With additional input from the ``How Dirty'' 
setting, the washer will automatically select the appropriate wash 
action. Although users can adjust the ``How Dirty'' setting according 
to their assessment of the dirtiness of the load of clothes, if no 
choice is made, the power/start button will automatically select the 
midpoint of the ``How Dirty'' response as the default setting. This 
midpoint, setting three out of five possible settings, instructs the 
washer to wash on a medium soil level, the soil level suggested in the 
Fisher & Paykel user guide for washing a normal wash load with the IW 
model. Fisher & Paykel proposes to test the IW clothes washer on this 
midpoint, default setting activated by the power/start button, 
believing that it is the closest equivalent to a ``normal'' cycle. 
After the initiation of the default cycle, Fisher & Paykel will conduct 
the remainder of the energy consumption test according to the 
established test procedure.
    Fisher & Paykel states that the ``How Dirty'' setting only affects 
the energy consumed by the motor, a small proportion of the total 
energy consumed by the wash cycle. The company provided test data to 
show the energy used per cycle by the five ``How Dirty'' settings, 
ranging from 0.086 kWhr/cycle to 0.121 kWhr/cycle. Since the variation 
in energy consumption among the five ``How Dirty'' settings will be 
insignificant compared to the total energy consumption of the clothes 
washer, the selection of the default cycle at the midpoint setting 
would seem to provide a fair equivalent of the traditional ``normal'' 
cycle for testing.

[[Page 63077]]

    On August 4, 2003, Fisher & Paykel certified to the Department that 
it had circulated copies of its Application for Interim Waiver and 
Petition for Waiver to all known clothes washer manufacturers for 
comment. On September 15, 2003, the Department received copies of 
questions submitted by members of the Association of Home Appliance 
Manufacturers (AHAM) to Fisher & Paykel, in response to the circulated 
waiver, along with minutes from a conference call held on August 21, 
2003, between AHAM Home Laundry Specialists and Fisher & Paykel, to 
discuss the waiver. The AHAM members requested clarifications on two 
points: (1) Confirmation that the 3 ``How Dirty'' setting met 
the 70 percent minimum run time requirement for the test procedure, and 
(2) Fisher & Paykel's intent regarding the selection of both maximum 
and minimum spin cycles. Subsequent to this discussion, Fisher & Paykel 
made changes to the waiver to clarify these issues. It added a table to 
show the wash times for each ``How Dirty'' setting and language to make 
clear that both the maximum and minimum spin speeds would be included 
in the test. Fisher & Paykel resubmitted its waiver to the Department 
with the revisions requested by the AHAM clothes washer manufacturers 
on August 31, 2003. On September 15, 2003, AHAM reported to the 
Department that the changes made to the waiver by Fisher & Paykel were 
acceptable to its members. DOE received no additional comments.
    Based on the above, the Department agrees that the Fisher & Paykel 
IW clothes washer, using an adaptive control system without a 
``normal'' cycle, has a design characteristic which prevents the 
company from testing that model according to the prescribed test 
procedures. Because Fisher & Paykel has suggested a reasonable method 
for selecting an equivalent cycle for testing and will conduct the 
remainder of the test procedure according to the established DOE test 
procedure, the Department believes that it is likely that this Petition 
for Waiver will be granted. To deny Fisher & Paykel the ability to test 
and market an adaptive control clothes washer in the United States 
would discourage innovation, deny consumers new options in clothes 
washer features, and create economic hardship for the company.
    The Department is therefore granting Fisher & Paykel the Interim 
Waiver it has requested for its IW clothes washer. Fisher & Paykel 
shall be permitted to test its adaptive control clothes washer using 
the default cycle which begins when a consumer presses the power/start 
button and does not manually select an alternative ``How Dirty'' 
setting.
    This Interim Waiver is based upon the presumed validity of 
statements and all allegations submitted by the company. This Interim 
Waiver may be removed or modified at any time upon a determination that 
the factual basis underlying the Application is incorrect.
    This Interim Waiver shall remain in effect for a period of 180 days 
after issuance or until DOE acts on the Petition for Waiver, whichever 
is sooner, and may be extended for an additional 180-day period, if 
necessary. Pursuant to 10 CFR 430.27(b), DOE is hereby publishing the 
``Petition for Waiver'' in its entirety. The Petition contains no 
confidential information. The Department solicits comments, data, and 
information respecting the Petition. Any person submitting written 
comments to DOE concerning either the Petition for Waiver or Interim 
Waiver must also send a copy of such comments to the petitioner. 10 CFR 
430.27(b)(1)(iv) and 430.27(d).

    Issued in Washington, DC, on October 30, 2003.
David K. Garman,
Assistant Secretary, Energy Efficiency and Renewable Energy.
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[FR Doc. 03-28096 Filed 11-6-03; 8:45 am]

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