58FR67710

67710Federal Register I Vol. 58, No. 244 / Wednesday, December 22, 1993 / Proposed Rules

DEPARTMENT OF ENERGY

Office of Energy Efficiency and

Renewable Energy

10 CFR Part 430

(Docket No: EE-RM-83-4Ot1

Energy Conservation Program for

Consumer Products

AGENCY: Office of Energy Efficiency and

Renewable Energy, Department of

Energy.

ACTION: Proposed rule and public

hearing.

SUMMARY: The Energy Policy and

Conservation Act, as amended by the

National Energy Conservation Policy

Act, the National Appliance.Energy

Conservation Act of 1987, the National

Appliance Energy Conservation

Amendments of 1988, and the Energy

Policy Act of 1992, requires the

Department of Energy (DOE or the

Department) to administer an energy

conservation program for certain major

household appliances and commercial

equipment. Among other program

elements, the Act requires that standard

methods of testing be _prescribed for

each covered product. The purpose of

today's document is to propose an

amendment to the existing Department

of Energy (DOE or the Department)

clothes washer test procedure to clarify

an ambiguity in the testing procedures.

The proposed testingprocedures will be

required for clothes washers that are

designed to lock out the warm water

rinse from the normal cycle, so that only

the cold water rinse is available.

DATES: The Department will accept

comments, data, and "information

regarding this notice not later than

Thursday, March 24, 1994.

Oral views, data, and arguments may

be presented at a public hearing to be

held in Washington, DC, beginning at

9:30 a.m. on Thursday, February 24,

1994. Requests to speak at the hearing

must be received by the Department no

later than 4 p.m., Monday, February 14,

1994. Ten (10) copies of statements to be

given at the public hearing must be

received by the Department no later

than 4 p.m., Friday, February 18, 1994.

ADDRESSES: Written comments and

requests to speak at the public hearing

are to be submitted to: U.S. Department

of Energy, Office of Energy Efficiency

and Renewable Energy, Hearings and

Dockets, Amendment of the Test

Procedure for Clothes Washers, Docket

No. EE-RM-93-701, Forrestal Building.

1000 Independence Avenue, SW.,

Washington, DC 20585, (202) 586-0561.

 EE-RM-93-701 COMMENT 0F
58FR67710

Federal Register / Vol. 58, No. 244 / Wednesday, December 22, 1993 1 Proposed Rules

The hearing will be held at the U.S.

Department of Energy, Forrestal

Building, room 1E-245, 1000

Independence Avenue, SW.,

Washington, DC.

Requests maybe hand delivered

between the hours of 8 a.m. and 4 p.m.,

Monday through Friday, except Federal

holidays. Requests should be labeled,

"Amendment of the Test Procedure for

Clothes Washers," (Docket No. EE-RM93-701), both on the document and on

the envelope.

Copies of the transcript of the public

hearing and public comments received

may be read at the DOE Freedom of

Information Reading Room, U.S.

Department of Energy, Forrestal

Building, room IE-190, 1000

Independence Avenue, SW.,"

Washington, DC 20585, (202) 586-6020,

between the hours of 9 a.m. and 4 p.m.,

Monday through Friday, except Federal

holidays.

For more information concerning

public participation in this rulemaking

proceeding, see section VII of this

notice.

FOR FURTHER INFORMATION CONTACT:

William W. Hui, U.S. Department of

Energy, Office of Energy Efficiency

and Renewable Energy, Mail Station

EE-43, Forrestal Building, 1000

Independence Avenue, SW.,

Washington, DC, 20585, (202) 586-

7140.

Eugene Margolis, Esq., U.S. Department

of Energy, Office of General Counsel,

Mail Station GC-41, Forrestal

Building, 1000 Independence Avenue,

SW., Washington, DC, 20585, (202)

586-9507.

SUPPLEMENTARY INFORMATION:

I. Introduction

A. Authority

Part B of Title III of the Energy Policy

and Conservation Act, Public Law 94-

163, as amended by the National Energy

Conservation Policy Act, Public Law

95-619, 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,

created the Energy Conservation

Program for Consumer Products other

than Automobiles (Program). I The

products currently subject to this

Program (often referred to as "covered

products") include clothes washers, the

subject of today's notice.

Under the Act, the Program consists

essentially of three parts: testing,

1 Part B of Title III of SPCA. as amended, is

referred to in this proposed rule as the "Act." Part

B of Title III is codified at 42 U.S.C. 6291-6309.

labeling, and the Federal energy

conservation standards. Violations of

the standard, as determined under the

test procedure, are subject to civil

penalties. The Department, in

consultation with the National Institute

of Standards and Technology (formerly

the National Bureau of Standards), is

required to amend or establish new test

procedures as appropriate for each of _

the covered products. Section 323. The

purpose of the test procedures is to

produce test results which measure

energy efficiency, energy use, or

estimated annual operating cost of a

covered product during a representative

average use cycle or period of use and

must not be unduly burdensome to

conduct. Section 323(b)(3). A test

procedure is not required if DOE

determines by rule that one cannot be

developed. Section 323(d)(1). One

hundred and eighty days after a test

procedure for a product is adopted, no

manufacturer may represent the energy

consumption of, or the cost of energy

consumed by, the product except as

reflected in tests conducted according to

the DOE procedure. Section 323(c)(2).

However, the 180-day period referred to

in section 323(c)(2) may be extended for

a period of up to an additional 180 days

if the Secretary determines that the

requirements of section 323(c)(2) would

impose undue burden. Section

323(c)(3). Test procedures appear at 10

CFR part 430, subpart B.

Section 323(e) of the Act requires

DOE to determine to what extent, if any,

a proposed test procedure would alter

the measured energy efficiency or

measured energy use of any covered

product as determined under the

existing test procedure. If DOE

determines that an amended test

procedure would alter the measured

efficiency or measured energy use of a

covered product, the DOE is required to

amend the related energy conservation

standard accordingly. In determining

the amended standard, the DOE is

required to measure the energy

efficiency or energy use of

representative samples of covered

products which minimally comply with

the existing standard. The average

efficiency of these representative

samples, tested using the amended test

procedure, constitutes the amended

standard. Section 323(e)(2).

B. Background

The clothes washer test procedure

was originally proposed by notice

issued May 11, 1977 (42 FR 25329, May

17, 1977). Subsequently, the Department

published the original clothes washer

test procedure on September 28, 1977

(42 FR 49802) with the only amendment

67711

being an editorial change in the title of

Appendix J on June 29, 1979 (44 FR

37938).

Whirlpool Corporation (Whirlpool)

has designed a new line of clothes

washers to meet the appliance energy

conservation standard established by

DOE that becomes effective May 14,

1994. Whirlpool is obligated to test

these clothes washers for compliance

with the new standard using the test

procedure regulations set forth in 10

CFR part 430, subpart B, appendix J.

The new clothes washers have been

designed to lock out the warm rinse

setting in the cycle Whirlpool has

designated as the "normal cycle" under

the regulations and thus only a cold

water rinse is available on that cycle.

Warm water rinses are available on all

other cycles.

Whirlpool interprets the test

procedure to require that all testing be

conducted in the "normal cycle" as

defined in § 1.10, 10 CFR part 430,

subpart B. appendix J. and to require

that the temperature selector be set to

the hottest setting that is available in the

normal cycle. Representatives of

Whirlpool met with DOE officials to

discuss the company's interpretation.

The DOE concluded that Whirlpool's

interpretation, while inconsistent with

the underlying purpose of the test

procedure, has sufficient legal basis to

necessitate an amendment of the test

procedure in order to avoid material

understatements of actual energy

consumption.

II. Discussion

Paragraph 3.2 of 10 CFR, part 430,

subpart B, appendix J. sets forth a

sequence of steps that a manufacturer is

required to'follow in order to establish

testing conditions. Relevant provisions,

with emphasis added on the term

"normal cycle," provide as follows:

3.2 Test cycle. Establish the testing

conditions set forth in 2 of this

Appendix.

3.2.1 Per-cycle electrical energy

consumption. Set the water level

selector at a maximum fill and insert the

appropriate test load, if applicable.

Activate the normal cycle of the clothes

washer and also any suds-saver switch.

3.2.1.1 Measure the electrical energy

consumption of the clothes washer for

a complete normal cycle.

` 3.2.2 Hot water consumption for a

normal cycle with the water level

selector at maximum fill.

3.2.2.1 ' Set the water level selector at

maximum fill and insert the appropriate

test load, if applicable. Activate the

normal cycle of the clothes washer and

also any suds-saver switch.

 EE-RM-93-701 COMMENT 0F
58FR6771 0

67712 Federal Register / Vol. 58, No. 244 f Wednesday, December 22, 1993 / Proposed Rules

3.2.2.2 For automatic clothes

washers set the wash/rinse temperature

selector to the hottest setting available

(hot/warm) * - *

3.2.2.3 Measure the number of

gallons of hot water used to fill the tub

for the wash cycle.

3.2.2.4 Measure the total number of

gallons of hot water used for all deep

rinse cycles.

3.2.2.5 Measure the total gallons of

hot water used for all spray rinse cycles.

3.2.2.6 For automatic clothes washer

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 * * *

The term "normal cycle" is defined in

tine test procedure as follows: "'Normal

cycle' means the cycle recommended by

the manufacturer for washing cotton

and/or linen clothes." Paragraph 1.10

(emphasis added). The text of the

definition neither specifically requires

an independent temperature selector

nor specifically provides for an

alter .ative cycle to be used for testing

purposes if the cycle ''recommended"

for wasting cotton and/or linen clothes

only uses a cold water rinse.

Tre DOE proposes to amend the

clothes washer test procedure in today's

notice to establish and clarify the testing

procedure that will be required when

the warm water rinse is locked out in

the normal cycle so that only the cold

water rinse is available.

The Department, following

consultation with the National institute

of Standards and Technology, proposes

to-pre ate the hot water consumption

between the temperature combination

settings in the normal cycle and the

cycle with the greatest hot water

consumption for each temperature

combination setting that has a warm

rinse locked out of the normal cycle. In

additi: n, the Department also proposes

the following definitions in today's

notice: most energy intensive cycle,

defined as the non-normal cycle - hich

uses the most hot water energy when

tested for a given wash/rinse

temperature combination setting, and

non-normal cycle, defined -as a cycle

other than the normal cycle, exclusive

of any manually selected pre-washes or

rinses. The proposed amendments to the

test procedure require that all

temperature combination settings in the

normal cycle be tested. Next, each

temperature combination setting which

uses a warm rinse and is locked out in

the normal cycle is to be tested in its

most energy intensive cycle. The total

hot water energy consumed for a

washing cycle is then calculated

following the amended equation of

Section 4. 1 by summing the hot water

consumption of the temperature

combination settings available in the

normal cycle and the highest hot water

consumption of each locked-out

temperature combination setting tested

on its respective most energy intensive

cycle. The Department believes that the

proposed amendments to the clothes

washer test procedure will capture the

actual energy consumption of the

machine and thereby provide reliable

data to assist consumers in making

informed purchasing decisions.

Since these machines which offer the

warm rinse lock-out design feature have

not been distributed in commerce, data

regarding the effect of this feature on

consumer selection of the normal cycle

are unavailable. Whirlpool alleges that

the normal cycle is the cycle used most

often and that this will -continue despite

the warm rinse lock-out control.

Whirlpool proposes that DOE use

industry data regarding consumer

selection. of the normal and other cycles,

based an consumer choices among

currently available cycles. Preliminary

data, supplied by Whirlpool, indicate

consumers select the nannal cycle

app oximately 75 percent of the time;

another cycle 25 percent of the time.

Therefore, the Department today

proposes to amend the clothes washer

test procedure by adopting 75 percent as

the prorating factor for the temperature

combination settings in the normal

cycle that locks out tale warm rinse and

25 percent for the locked out wash/rinse

temperature combination settings tested

ire their respective most energy intensive

cycle(s). The Department will revise

today's proposal in order to reflect

actual consumer usage of machi=nes that

offer the warm rinse lock-out desk

feature as these data become available.

The above modifications are net

expected to change the related existing

energy efficiency standard for this

appliance. The Department believes that

the proposed amendments in today's

notice will have a minimal impact on

the clothes washer industry because of

the limited availability of machines

which have this unique feature. To the

Department's knowledge, until

Whirlpool's planned lock-out design,

clothes washers have offered all

available wash/rinse temperature

combinations in their normal cycles.

Typically. 97 percent of the energy used

by the clothes washer is for heating

water, which is currently captured by

the test procedure. Because of this,

retesting with today's proposed

amendments to the test procedure

would be unnecessary. Therefore, the

Department has determined that no

change in the energy efficiency standard

would be required under 42 U.S.C.

6293(e)(2) by this proposed clarification

of the test procedure.

The Department will ensure that

manufacturers have.adequate lead time

(specifically, one year following

promulgation of the final rule) to

implement any changes necessary to

make their clothes washers comply with

the 10 CFR. 430.32(g) energy efficiency

standard, measuring compliance using

the new test procedure.

M. Environmental Review

Pursuant to section 7(c)(2) of the

Federal Energy Administration Act of

1974 (Pub. L. 93-275), a copy of this

notice has been submitted to the

Administrator of the Envim-nmental

Protection Agency for her comments

concerning the impact of this proposal

on the quality of tae en v iron: lent.

Since test procedures under the

Program will be used only to

standardize the measurement of energy

usage and will not affect the quality or

distribution of energy usage, prescribing

test procedures will not result in any

environmental impacts. The

Department, therefore, has determined

that prescribing test procedures under

the Program is not a major Federal

action significantly affecting the quality

of the human environment within the

meaning of the National Environmental

Poticy Act of 1969. This rulemaking,

which amends existing part 430 of tie

10 and will not change the

environmental effect of such regulation.

is an item which is-cat egorically

excluded (A5)" by the Department of

Energy's regulations on National

Environmental Policy Act Implementing

Procedures. (10 Code of Federal

Regulations, part 1021) (57 Fit 15122,

April 24, 1992) (Appendix A to subpart

D, Categorical Exclusion AS.).

Consequently, neither an Environmental

Impact Statement nor an Environmental

Assessment is required for the proposed

rule.

IV. Regulatory Plann ing and Review

Today's regulatory action has been

determined not to be a "significant

regul tory action" under Executive

Order 12866, "Regulatory Planning and

Review," (58 FR 51735, October 4,

1993). Accordingly, today's action was

not subject to review under the

Executive Order by the Office of

Information and Regulatory Affairs.

V. Regulatory Flexibility Act

The Regulatory Flexibility Act (Pub.

L. 96-345) (5 U.S.C. 601-612) requires

that an agency prepare an initial

regulatory flexibility analysis and that it

be published at the time the proposed

rule is published. This requirement

 EE-RM-93-701 COMMENT 0F
58FR67710_

Federal Register / Vol. 58, No. 244 / Wednesday, December 22, 1993 f Proposed Rules

(which appears in section 603) does not

apply if the agency "certifies that the

rule will not, if promulgated, have a

significant economic impact on a

substantial number of small entities."

The proposed rule will marginally affect

the clothes washer manufacturers. As

previously discussed, the test procedure

would not have significant economic

impact, but rather, it would simply

provide common testing methods.

Therefore, DOE certifies that the

proposed rule, if promulgated, would

not have a "significant economic impact

on a substantial number of small

entities:"

VI. Federalism Review

Executive Order 12612 (52 FR 41685,

October 30, 1987) requires that

regulations or rules be reviewed for any

substantial direct effects on States, on

the relationship between the Federal

Government and the States, or on the

distribution of power and

responsibilities among various levels of

government If there are sufficient

substantial direct effects, then Executive

Order 12612 requires preparation of a

federalism assessment to be used in all

decisions involved in promulgating and

implementing a regulation or a rule.

The Department has identified a

substantial direct effect that today's

proposed rule might have on State

governments. It would preempt

inconsistent State regulations. However,

DOE has concluded that such effect is

not sufficient to warrant preparation of

a federalism assessment. The

Department knows of no such

inconsistent state regulations. Moreover,

if there are any such state regulations,

the Act provides for subsequent State

petitions for exemption. Thus, a

determination as to whether a State law

prevails-must be made on a case-by-case

basis using criteria set forth in the Act.

If DOE receives such a petition, it will

then be appropriate to consider

preparing a federalism assessment

consistent with the criteria in the Act.

VII. Public Comment

A. Written Comment Procedures

Interested persons are invited to

participate in the rulemaking by

submitting data, comments, or

information with respect to the

proposed test procedures set forth in

this notice to the address indicated at

the beginning of the notice.

Comments should be identified both

on the envelope and on the documents

as "Amendment of the Test Procedure

for Clothes Washers, Docket No. EE--

RMaf-93-701". Ten (10) copies are

requested to be submitted. In addition,

the Department requests that an

electronic copy (31h" diskette) ofthe

comments on WordPerfectTM 5.1 be

provided. All submittals received by the

date specified at the beginning of this

notice will be considered by DOE before

final action is taken on the proposed

amendments.

Pursuant to the provisions of 10 CFR

1004.11, any person submitting

information which he or she believes to

be confidential and exempt by law from

public disclosure should submit one

complete copy of the document and ten

(10) copies, if possible, from which the

information believed to be confidential

has been deleted. The Department will

make its own determination with regard

to the confidential status of the

irformation and treat it according to its

determination.

Factors of interest to DOE when

evaluating requests to treat as

confidential information that has been

submitted include:

(1) A description of the items;

(2) An indication as to whether and

why such items are customarily treated

as confidential within.the industry;

(3) Whether the information is

generally known by or available from

other sources;

(4) Whether the information has

previously been made available to

others without obligation concerning its

confidentiality;

(5) An explanation of the competitive

injury to the submitting person which

would result from public disclosure;

(6) An indication as to when such

information might lose its confidential

character due to the passage oftime; and

(7) Why disclosure of the information

would be contrary to the public interest.

B. Public Hearing

1. Procedures for Submitting Requests to

Speak

The time and place of the public

hearing are indicated at the beginning of

this notice. The Department invites any

person who has an interest in today's

proposed rule, or who is a

representative of a group or class of

persons that has an interest in the

proposed test procedures, to make a

written request for an opportunity to

make an oral presentation. Such

requests should be directed to the

address indicated at the beginning of

this notice. Requests may be hand

delivered to such address between the

hours of 8 a.m. and 4 p.m., Monday

through Friday, except Federal holidays.

Requests should be labeled

"Amendment of the Test Procedure for

Clothes Washers, Docket No. EE-RM93-701,11 both on the document and on

the envelope.

67713

The person making the request should

briefly describe the interest concerned

and state why he or she, either

individually. or as a representative of

group or class of persons that have such

an interest, is an appropriate

spokesperson, and give a telephone

number where he or she may be

contacted.

Each person selected to be heard is

requested to submit an advance copy of

his or her statement prior to the hearing

as indicated at the beginning of this

notice. In the event any persons wishing

to testify cannot meet this requirement,

that person may make alternative

arrangements with the Office of

Hearings and Dockets in advance by so

indicating in the letter requesting to

make an oral presentation.

2. Conduct of Hearing

The Department reserves the right to

select the persons to be heard at the

hearing, to schedule the respective

presentations, and to establish the

procedures governing the conduct of the

hearing. The length of each presentation

is limited to twenty (20) minutes.

A DOE official will bedesignated to

preside at the hearing. The hearing will

not be a judicial or an evidentiary-type

hearing, but will be conducted in

accordance with 5 U.S.C. 553 and

section 336 of the Act. At the

conclusion of all initial oral statements

at each day of the hearing, each person

who has made an oral statement will be

given the opportunity to make a rebuttal

statement, subject to time limitations.

The rebuttal statement will be given in

the order in which the initial statements

were made. The official conducting the

hearing will accept additional

comments or questions from those

attending, as time permits. Any

interested person may submit, to the

presiding official, written questions to

be asked of any person making a

statement at the hearing: The presiding

official will determine whether the

question is relevant, and whether time

limitations permit it to be presented for

answer.

Further questioning of speakers will

be permitted by DOE. The presiding

official will afford any interested person

an opportunity to question other

interested persons who made oral

presentations, and employees of the

United States who have'made written or

pral presentations with respect. to

disputed issues of material fact relating

to the proposed rule. This cpportunity

will be afforded after any rebuttal

statements, to the extent that the

presiding official determines that such

questioning is likely to result in a more

timely and effective resolution of such

 EE-RM-93-701 COMMENT 0F
58FR6771 0

67714 Federal Register / Vol. 58, No. 244 / Wednesday, December '22, 1993 / Proposed Rules

issues. If the time provided is PART 430-ENERGY CONSERVATION

insufficient or inconvenient, the PROGRAM FOR CONSUMER

Department will consider affording an PRODUCTS

additional opportunity for questioning

at a mutually convenient time. Persons

interested in making use of this

opportunity must submit their request

to the presiding official no later than

shortly after the completion of any

rebuttal statements and be prepared to

state specific justification, including

why the issue is one of disputed fact

and how the proposed questions would

expedite their resolution.

1. The authority citation for part 430

continues to read as follows:

Authority: 42 U.S.C. 6291-6309

2. In Appendix J to Subpart B of part

430, paragraphs 1.10 through 1.18 are

redesignated as paragraphs 1.12 through

1.20, respectively, and new paragraphs

1.10 and 1.11 are added to read as

follows:

Any further procedural rules Appendix J to Subpart B of Part 430-

regarding proper conduct of the hearing Uniform Test Method for Measuring the

will be announced by the presiding Energy Consumption of Automatic and

official. Semi-Automatic Clothes Washers

A transcript of the hearing will be

made, and the entire record of this

rulemaking, including the transcript,

will be retained by DOE and made

available for inspection at the DOE

Freedom of Information Reading Room,

U.S. Department of Energy, Forrestal

Building, room 1E-190, 1000

Independence Avenue, SW.,

Washington, DC 20585, (202) 586-=6020,

between the hours of 9 a.m. and 4 p.m.,

Monday through Friday, except Federal

holidays. Any person may purchase a

copy of the transcript from the

transcribing reporter.

C. Issuesfor Public Comments

The Department is interested in

receiving comments and data

concerning the accuracy and

workability of the proposed

amendments to the clothes washer test

procedure. Also, the Department

welcomes discussion on improvements

or alternatives to these approaches. In

particular, DOE is interested in

gathering comments on the following:

• The appropriateness of using 75

* * * * *

1.10 Most energy intensive cycle

means the non-normal cycle which uses

the most hot water energy when tested

for a given wash/rinse temperature

combination setting.-

1.11 Non-normal cycle means a

cycle other than the normal cycle, _

exclusive of any manually selected prewashes or rinses.

* * * * *

3. Paragraphs 3.2, 3.2x2, 3.2.2.2, 3.2.3,

3.2.4, 3.3.2 and 3.3.3 of appendix J to

subpart B of part 430 are revised to read

as follows:

* * * * *

3.2 Test cycle. Establish the testing

conditions set forth in section 2 of this

Appendix and test all hot water

consuming wash/rinse temperature

combination settings. All wash/rinse

temperature combination settings

available on the machine are to be tested

in the normal cycle. If the warm rinse

is locked out in the normal cycle such

that only the cold rinse is available, test

all temperature combination settings

percent to prorate temperature available in the normal cycle followed

combination settings in the normal by testing of each locked out

cycle for clothes washers which lock out temperature combination settings in its

the warm rinse. most energy intensive cycle.

• The appropriateness of the * * *

proposed definitions-most energy

intensive cycle and non-normal cycle.

List of Subjects in 10 CFR Part 430

Administrative practice and

procedure. Energy conservation,

Household appliances.

3.2.2 Hot water consumption with

the water level selector at maximum fill.

* * * * *

3.2.2.2 For automatic clothes

washers, set the wash/rinse temperature

combination selector to the hottest

setting available. For semiautomatic

Issued in Washington, DC, December 10, clothes washers, open the hot water

1993. faucet valve completely and close the

Christine A. F.rvin, cold water faucet valve completely to

Assistant Secretary, Energy Efficiency and achieve the hottest wash/rinse

Renewable Energy. ' temperature setting (hot/hot).

For the reasons set forth in the * *

preamble, part 430 of chapter II of title 3.2.3 Hot water consumption with

10, of the Code of Federal Regulations the water level selector at minimum fill.

is proposed to be amendedas set forth Set the water level at minimum fill and

below: insert the appropriate test load, if

applicable. Activate the normal cycle of

the clothes washer and also any sudssaver switch. Repeat sections 3.2 2.2

through 3.2.2.7.

3.2,4 Hot water consumption for

clothes washers that incorporate a

partial fill during the rinse cycle. Where

the procedures in sections 3.2.2 and

3.2.3 cannot be used for clothes washers

that incorporate a partial fill during the

rinse cycle,. activate any suds-saver

switch and operate the clothes washer

for the complete normal'cycle, and the

most energy intensive cycle(s), if

applicable, at both the maximum and

the minimum water fill level for each of

the wash/rinse temperature combination

setting that use hot water. Measure the

total hot water consumed during each

test.

* * * * *

3.3.2 Total the hot water measured

at maximum fill level for each wash/

rinse temperature combination setting

in the normal cycle and each required

wash/rinse temperature combination

setting on its most energy intensive

cycle, V;, excluding any fresh make-up

water required to complete the fill

during a suds-return cycle.

3.3.3 Total the hot water measured

at minimum fill level for each wash/

rinse temperature combination setting

in the normal cycle and each required

wash/rinse temperature combination

setting on its most energy intensive

cycle, Vi, excluding any fresh make-up

water required to complete the fill

during a suds-return cycle.

* * * * *

4. Paragraphs 3.2.2.8 through 3.2.2.8.4

and paragraphs 3.2.3.1 and 3.2.3.1.1 of

Appendix J to Subpart B of Part 430 are

added to read as follows:

* * * * *

3.2.2.8 Perform additional tests for

automatic clothes washers that lock out

the warm water rinse in the normal

cycle so that only the cold rinse is

available.

3.2.2.8.1 Set the cycle selector to a

non-normal cycle. Set the wash/rinse

temperature selector to the hottest

untested temperature combination

setting that uses a warm rinse locked

out in the normal cycle and repeat

sections 3.2.2.3, 3.2.2.4 and 3.2.2.5.

3.2.2.8. 2 Repeat section 3.2.2.8.1

under the same non-normal cycle for the

remaining untested wash/rinse

temperature combination settings that

use a warm rinse locked out in the

normal cycle.

3.2.2.8.3 Repeat sections 3.2.2.8.1

and 3.2.2.8.2 on all remaining nonnormal cycles.

3.2.2.8.4 The cycle having the

highest measured total gallons of hot

 EE-RM-93-701 COMMENT 0F
58FR67710

Federal Register / Vol. 58, No. 244 / Wednesday, December 22, 1993 / Proposed Rules 67715

water consumption .among the nonnormal cycles tested in sections

3.2.2.8.1 through 3.2.2.8.3 shall be the

most energy intensive cycle for that

particular wash/rinse temperature

combination setting.

cycle such that only the cold rinse is

available.

3.2.3.1.1 Repeat tests as required in

sections 3.2.2.8.1, 3-2-7-8.2,3.2-2.1L3,

and 3.2.2.8.4.

w • ♦ x w

4.1 Per-cycle temperature-weighted

hot water consumption for maximum

and minimum water fill levels. Calculate

for the cycle under test the per-cycle

temperature weighted hot water

consumption for the maximum water

fill level, V,,,,x, and for the minimum

water fill level, V,,,;,,, expressed in

gallons per cycle and defined as:

ti 5. Paragraph 4.1 of appendix J to

3.2.3.1 Perform additional tests for subpart B of part 430 is revised to read

automatic clothes washers that lock out as follows:

the warm water rinse in the normal * t • f

where:

Vi = Reported hot water consumption in

gallons 'per cycle at maximum fill

for each wash/rinse temperature

combination setting offered on the

clothes washer, as provided in

section 3.3.2.

TUF; = Applicable temperature use

factor corresponding to wash/rinse

-temperature combination setting as

shown in section-5 or 6. Each TUF

number in section 5 is used once for

temperature combination setting(s)

not locked out in the normal cycle.

Each TUF number is used twice for

temperature combination setting(s)

locked out in the normal cycle.

L; = Factor to account for locking out the

warm rinse in the normal cycle.

1 for clothes washers that do not lock

n

X JVIXTUF;XL,l+X2(TUFw XSHI

out the warm rinse in the normal

cycle.

0.75 for temperature combination

setting(s) that locks out the warm

rinse in the normal cycle.

0.25 for temperature combination

setting(s) in the most energy

intensive cycle(s).

n = Number of wash/rinse temperature

combination settings under test, as

recorded in section 3.3.2. (a is equal

to the number of TUFs

corresponding to the temperature

combination settings in section 5 or

6 for clothes washer that do not

lock out the warm rinse. n is equal

to the number of TUFs of the

available temperature combination

settings in the normal cycle plus

twice the number of locked out

temperature combination settings

for clothes washers that lock out the

warm rinse.)

TUFW = Temperature use factor for

warm wash setting.

For clothes washers equipped with

the suds-saver feature:

X, = Frequency of use without the sudssaver feature = 0.86.

}C2 = Frequency of use with the sudssaver feature = 0.14.

For clothes washers not equipped

with the suds-saver feature:

X1=1.0

X2 = 0.0

SH = Fresh make-up water measured

during suds-return cycle at

maximum water fill level.

and

Vain = X I I lv X TUF,xLil+X2(TUFw XSLI

j=!

where: Tempera- V; = Reported hot water consumption in ture

gallons per cycle at minimum fill Wastdrinse temperature setting

use

for each washlrinse temperature factor

combination setting offered on the (TUF)

clothes washer, as provided in Hot/Warm ............................... -_.. 0.18

section 3.3.3. Hot/Cold ..................... __......... ......... 0.12

TUFF = As defined above. Warm/Warm ............ _......... _.._._.... 0.30

L = As defined above. Warm/Cold ..................................... 0.25 j Cold/Cold 0.15

n = As defined above.

TtJFw = As defined above.

SL = Fresh make-u water measured

5.2 Four temperature selection.

p

during suds-return cycle at Ternminimum water fill level.

Washlrinse temperature setting

perahue

X, = As defined above. use

factor X2 = As defined above. CAF}

6. Paragraphs 5.1 through 5.3 of

appendix J to subpart B of part 430 are

revised to read as follows:

5.1 Five temperature selection.

Alternate LHot/Warm 0.18

Hot/Cold 0.12

WamyCold ...... ........ ...... _........... 0.55

Cold/Cold ......_.._........ 0.15

Wash/rinse temperature setting

Alternate II:

Hot Warm

Warm Warm ....................._._.._....

Warm/Cold _ ..... ........ -......... _........

Alternate III:

Hot'Cold ....... _........ _..... _.........

WarmtWarm ............. ....... _.._....

Warm/Cold ..... .......... .......... .....

Cold/Cold ......... _.... ___.._............

5.3 Three temperature selection.

Temperature

use

factor

(TUF)

0.18

0.12

0.30

0.40

0.12

0.18

0.55

0.15

 EE-RM-93-701 COMMENT 0F
58FR67710

67716 Federal Register / Vol. 58, No. 244 / Wednesday, December 22, 1993 / Proposed Rules

Wash/rinse temperature setting

Alternate 1:

Hot/Warm ......................................

Warm/Cold . ..................................

ColdlCold ......................................

Alternate II:

Hot/Cold ........................................

Warm/Cold _ ..................................

Cold/Cold ......................................

Alternate III:

Hot/Cold ........................ _ ..............

Warm/Warm .................................

ColdfCold ......................................

Tern

perature

use

factor

(TUF)

0.30

0.55

0.15

0.30

0.55

0.15

0.30

0.55

0.15

IFR Doc. 93-31105 Filed 12-21-93; 8:45 am]

BILLING CODE 6450-O1-P

 EE-RM-93-701 COMMENT 0F