## 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.

## 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 forClothes 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.

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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 amendm ents 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, measu

ring complian ce 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

## 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 of time; 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 forClothes 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

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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. IssuesforPublic 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 minimumfill. 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 ofthe 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

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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 waterfill 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,x 

## Lil+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


### = As defined above. L Warm/Cold

..................................... 

## 0.25 j Cold/Cold 0.15 

### n = As defined above.
TtJFw = As defined above.

water measured SL = Fresh make-u 5.2 Four temperature selection.

p during suds-return cycle at Tern

### minimum 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

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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 ...................................... Ternperature

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