58FR47130

47130 Federal Register I Vol. 58, No. 171 I Tuesday, September 7, 1993 I Notices 

. - Office of Energy Efficiency and 

Renewable Energy 

(case No. CW-002) 

Energy Conservation Program for 

Consumer Products; Granting of the 

Application for Interim Waiver and 

Publishing of the Petition for Waiver of 

Clothes Washer Test Procedures of 

ASKOlnc. 

AGENCY: Office or Energy Efficiency and 

Renewable Energy. Department or . 

Energy. : 

_SUMMARY: Today's notice publishes a 

letter granting an Interim Waiver to · 

ASKO Inc. (ASKO) from the existing 

Depiutment of Energy (DOE or_ . _ · . 

Department} clothes washer test · . 

procedure for its washing machines, . · 

models 10504, 12004, and 20004. The 

design features that differ from those 

covered by the existing clothes washer 

test procedure are: An internal -electrical 

heater for heating wash water; a . 

continuously variable wash temperature 

control: 208/240 volt electrical power 

supply: and machine-controlled water 

fill capability. . . · Today's notice also publishes a .. Petition for Waiver" from ASKO. 

.ASKO's Petition for Waiver requests ·. 

DOE to grant relief from the OOE clothes 

washer test procedure relating to its 

washing machines, models 10504, 

12004, and 20004. . ASKO seeks to test by internally 

heating the inlet cold water instead or 

using externally heated water; to test by 

. using a continuously variable wash 

temperature control instead of the three · temperature requirements (i.e., hot 

(140°F/60°C) warm (100°F/38°C), and 

cold (60°F/16°C)); to test by using an 

electrical power supply of 208/240 volts 

instead of 120± 2 volts; and to test using 

machine-controlled instead of a manual 

water. fill switch. OOE is soliciting 

comments and information regarding 

the Petition for Waiver. _ 

DATES: DOE will accept coml!lents, data, 

and information not later than October 

7, 1993. 

ADDRESSES: Written comments and 

statements shall be sent to: Department 

of Energy, Office of Enei:gy Efficiency 

and Renewable E{lergy, c.ase No. CW002, Mail Stop EE-90, room 6B--025, 

Forrestal Building, 1000 Independence 

Avenue, SW., Washington, DC. 20585, 

(202) 586-0561. 

FOR FURTHER INFORMATION CONTACT: 

William Hui, U.S. Department of 

Energy, Appliance Standards 

Division, Office of Codes and 

Standards, Office of Building 

Technologies, Energy Efficiency and 

Renewable "Energy, Mail Stop EE-43, 

Forrestal Building, 1000 

Independence Avenue, SW .• 

Wash.ington, DC 20585, (202) 586-

7140. . 

Eugene Margolis, Esq., U.S. Department 

of Energy, Office of General Counsel, 

Mail Stop GC-41, Forrestal Building, 

1000 Independence Avenue, SW., 

Washington, DC 20585, (202) 586-

9507. -' 

SUPPLEMENTARY INFORMATION: The 

Energy Conservation Program for 

Consumer Products (other than 

automobil~) was established pursuant 

to the Energy Policy and Conservation 

Act (EPCA), Public Law 94-163, 89 Stat. 

917, as amended by the National Energy 

Conservation Act (NECP A), Public Law 

95-619, 92 Stat. 3266, the National 

Appliance Energy Conservation Act of 

1987 (NAECA), Public Law 100-12, the 

National Appliance Energy 

Conservation Amendments of 1988 

(NAECA 1988), Public Law 100-357, 

and the Energy Policy Act of 1992, 

Public Law 102-486, 106 Stat. 2776, 

which requires DOE to prescribe 

standardized test procedures to measure the energy consumption of certain , 

consl,lmer products, including clothes 

washers. The intent of the test 

procedures is to provide a comparable 

measure of energy consumption that 

will assist consumers in making 

purchasing decisions. These test 

procedures appear at 10 CFR part 430, 

subpartB. · · 

DOE amended the prescribed test 

procedure by adding 10 CFR 430.27 on September 26, 1980, creating the waiver 

process. 45 FR 64108. Thereafter, OOE 

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 OOE 

for a waiver of such prescribed test 

procedures. 51 FR 42823, November 26, 

1986. 

The waiver process allows the 

Assistant Secretary to temporarily waive 

the test procedures for a particular basic 

model when a petitioner shows that the 

basic model contains one or more 

design characteristics which prevent 

testing according to the prescribed test 

procedures or when the prescribed test 

procedures may evaluate the basic 

model in a manner so unrepresentative 

of its true energy consumption as to 

provide materially inaccurate 

comparative data. Waivers generally 

remain in effect until final test 

procedure amendments become 

effective, resolving the problem that is 

the subject of the waiver. 

The Interim Waiver provisions, added 

by the 1986 amendment, allow the 

Assistant Secretary to grant an Interim 

Waiver when it is determined that the 

applicant will experience economic 

hardship if the Application for Interim 

Waiver is denied, if it appears likely 

that the Petition for Waiver will be 

granted, and/or the Assistant Secretary 

determines that it would be desirable fo1 

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. 
58FR47130

Federal Register I Vol. 58, No. 171 l T~esday, September 7, 1993 I Notices 47131 

On April 8, 1993, ASKO filed a · petition contains no confidei,tial 

Petition for Waiver regarding its . informat~on. DOE would appreciate 

washing machines, models 10504, comments, data, and other information 

12004, and 20004, with the following regarding the petition discussed above. 

design features that differ from those Issued in Washington, oc, August i1, 

covered by the existing clothes washer _1993. 

test procedure: An internal water Robert L San Martin, 

heatipg source; a continuously variable 

wa"'h temperature contro_l; an alternate Acting Assistant Secretary, Energy Efficiency r and Renewable Energy. ·· · · · electrical power supply; and a machinecontrolled water fill capability. ASKO's August 27, 1993. 

_ Petition seeks a waiver from the DOE Mr. Michael P. Wasson, National Service 

provisions that require an externally Manager, ASKO Inc., 903 North Bowser, 

heated water supply, three specified Suite 200, Richardson, TX 75081. 

temperature settings (i.e, hot (140°F/ Dear Mr. Wasson: This is in response to 

60°C), warm (100°F/38°C), and cold . your Application for Interim Waiver of April 

(60°F/16°C)), 120±2 volts electrical .26, 1993, and amendment thereto of May 11, 

power supply, and a manual water-fill 1993, (hereafter referred to as the 

control. Instead, ASKO req· uests that it - "amendment") regarding ASKO Inc. (ASKO) clothes washers, models 10504, 12004, and 

be allowed to test its machines, models 20004, with the following design features: an 

10504, 12004, and 20004 with: A cold internal electrical heater for heating wash 

·water supply that is heated internally water, a continuously variable wash 

for washing; continuously variable temperature control, 208/240 volt electrical 

settings in water teJ!!perature; power supply, and machine-controlled water 

manufactured specified voltage of 208/ fill capability. . ' 

240; and machine-controlled water fill ASKO states in its amendment to the 

capability. . ~partment that clothes washers, together 

On April 26, l 993, ASKO filed an with clothes dryers and dishwashers, are an .Important part of its marketing program for 

Application for Interim Waiver and on Oie appr,Oximate 250 nationwide sale 

May 11, 1993, ASKO subsequently distributors. ASKO also states that it will 

submitted an amendment to the suffer economic hardship if its Application 

Application for Interim Waiver for Interim Waiver is denied since it would 

(hereafter referred to as the amendment) affect over 500 independent retailers, 400 

upon OOE's request for additional privately o~ service agencies, 25 

information to allow the Department to independent distributors, and the ASKO 

make its determination of the economic USA office. Therefore, based on the potential 

hardship and/or competitive ; economic hardship which may result if 

disadvantage likely to result if DOE fails ASKO is unable to sell its products during the time required by OOE to process the 

to grant the Application for Interim Petition for Waiver, the Department grants 

Waiver. ASKO's Application for an Interim Waiver 

ASKO states in its amendment that for its clothes washers, models 10504, 12004, 

clothes washers, together with clothes and 20004. 

dryers and dishwashers, are an ASKO sliall be pennitted to test its clothes 

important part of its marketing program washing machines on the basis of the test 

for its approximate 250 nationwide sale procedures specified in 10 CFR part 430, 

distributors. ASKO also states that it subpart B, appendix J, with the modifications 

set forth below: 

will suffer economic hardship i~ its (i) Add new sections, t.19 and t.20 in 

Application for Interim Waiver is Appendix J to read as follows: 

denied since it would affect over 500 1.19 "Water-heating clothes washer" 

independent retailers, 400 privately means a clothes washer that has an internal 

owned service agencies, 25 independent electrical heater which provides all the 

distributors, and the ASKO USA office. · energy needed to heat water for washing. 

Therefore, based on the potential 1.20 "Non water-heating clothes washer'' 

economic hardship which may result if means a clothes washer that does not have . 

ASKO is unable to sell its products .. · an internal electrical heater which provides 

th the energy needed to heat water for washing. during e time required by DOE to . (ii) Sections 2.2 and 2.3 in Appendix J are process the Petition for Waiver, the . amended to read as follows: 

Department grants ASKO'sj\pplication 2.2 Electrical energy supply. Maintain the 

for anJnterim Waiver from the DOE test electrical supply to the clothes washer 

procedure for its clothes washers, .- ,· tenninal block within 1 percent of t20/208Y, 

models 10504, 12004, and 20004. . or 120/240 volts as manufacturer. If the 

Pursuant to paragraph (e) of§ 430.27 or clothes washer has 8 dual voltage conversion 

the Code of Federal Regulations part capability, conduct the test at the highest 

430, the following letter gran· ting the voltage recommended by the manufacturer. , 2.3 Water temperature. 

Application for Interim Waiver to ASKO 2.3.1 Non water-heating clothes washers. 

was issued. The temperature of the water supply shall be 

Pursuant to paragraph (b) of 10 CFR maintained at tOO"F±S"F (38"C±2.8°C) for all 

430.27, OOE is hereby publishing the clothes washers not equipped with 

•'Petition for Waiver" in its entirety; The thennostatically controlled inlet water 

valves. For.clothes washers equipped with 

thermostatically controlled inlet valves, the 

temperature of the hot water supply shall be 

maintained at 140°F±5°F (60"C±2.8°C), and 

the cold water supply shall be maintained at 

.60"F±5°F (16"C±2.8°C). Water meters shall be 

installed in both the hot and cold water lines 

to measure water consumption. 

2.3.2 Water-heating clothes washers. The 

temperature of the water supply shall be 

maintained at 60° F±5°F (16°C±2.8°C). Install a water meter in the cold water line to measure water consumption. 

(iii) Section 2.8.2.1 in Appendix J is 

amended to read11s follows: 

2.8.2.t Standard size front-loader clothes 

washer. Use the test load requirement 

specified in section 2.7.1 for maximum fill 

and 2.7.2 for minimum water fill at all time 

when possible. If automatic water-fill 

capability is available and the specified test 

load does not activate maximum or minimum 

water fill in the machine, adjust the Joad(s) 

accordingly to achieve maximum or minimum water fill in the machine. 

Adjustment to the test load to achieve the 

proper weight can be made by the use of 

energy stuffer cloths, if appropriate. 

(iv) Sections 3.1.2 in Appendix J is 

amended to read as follows: 

3.1.2 Front-loader Clothes Washer . Position the machine such that access to the 

inner drum is in the vertical, upward 

direction. Line the inner drum and/or ribs 

with 2 mil plastic sheet or use some other 

method to prevent the water from entering 

the outer drum. Fill the clothes container 

wlth water to its uppermost edge. (This 

filling procedure may require overriding of 

the automatic weter-fill control, or manually 

completing the fill to the top of the container 

after the fill sensor terminates the fill at 

maximum level.) Record the weight of the 

machine before filling it with water and then 

after filling with water. The clothes container 

capacity is calculated as follows: 

C=W/p 

C--Gapacity in cubic feet (liters) 

W=Mass of water in pounds (kilograms) 

p=Density of water at the measured 

temperature in pounds per cubic foot 

(kilograms per liter) 

(v) Renumber existing sections 3.2.1 

through 3.2.4 as 3.2.1.1 through 3.2.t.4. 

(vi) Add new section 3.2.1 in Appendix J 

to read as follows: 

3.2. t Non water-heating clothes washers. 

(vii) Ad~ new sections 3.2.2 through 

3.2.2.2.3 to read as follows: 

3.2.2 . Water-heating clothes washers. 

3.2.2. t Per-cycle electrical energy 

consumption at maximum fill. 

3.2.2.t.1 Hot wash at maximum fill. 

Insert a water temperature sensing device 

inside the inner drum prior to testing. 

Activate the machine and insert the 

appropriate test load as specified in section 

2.8.2.1. Select the normal or an equivalent 

wash cycle. Where .spin speed selection is 

availabfe, set the control to its maximum 

setting. Set the water temperature selector to 

the hot setting (140°F/60"C) and activate the 

wash cycle. Verify the wash water 

temperature, which must be at 140"F±5°F 

(60"C±2.8°C). If the measured water 

temperature is not within the specified range, 
58FR47130

47132 Federal Register 1 Vol. 58, No.· 171 I Tuesday, September 7, 1993 I Notices. 

.stop testing, adjust the temperature setectur· 

accordingly and repeat the procedure. · · -

Otherwise, proceed and complete testing; 

and record the kilowatt-hours (megajoules) or 

electrical energy consumed for the complete 

cycle as Et..-. · 3.2.2. 1.2 Warm wash at maximum fill. 

Repeat sectivn 3.2.2. 1.1 for warm wash 

setting et lOO"F±S°F (38"C±2.8"C) and record 

the kilowatt-hours (megajoules} of electrical 

energy Consumed for the complete cycle as E,......,.. ~ . 

3.2.2.1.3 c.old wash at maximum filL 

Repeat section 3.2.2.1.1 for cold water setting 

at 60"F±5°F (16"C±2.8"C) and recOrd the 

h1owatt-hours (megajoules) of electtical 

energy consumed for the complete cycle as · 

Ee..-. . . . 3.2.2.2 Per-cycle electrical energy . 

consumption at minimum fill. . . 3.2.2.2.1 Hot wash at minimum fill. 

Repeat section 3.2.2.1.1 for a test load as specified in section 2.8.2.1. The bot wash 

setting shall be at 140"F±5°F (60"C±2.8"C). 

' Record the kilowatt-hours (megajoules) of 

electrical energy consumed for the complete 

cycle as Et..-. 

3.2.2.2.2 Warm wash ot minimum.fill. 

Repeat secti:on 3.2.2.2.1 for warm wash 

setting at 100"F±5°F (38"C±2.8"C}, and nicord 

the kilowatt-hours (megajoules) of electrical 

energy consWI1ed for the complete cycle as 

E...:m-. 

3.2.2.2.3 Cold wash at minimum fill. 

Repeat section 3.2.2.2.1 fer cold wash setting 

at 60"F±5°F (16"C±2.8"C), and record the 

kilowatt-hours (megajaules) of electrical 

energy mnsumed for the complete cycle as 

E.:.-. 

tviii) Renumber existing sections 4.1 

through 4.6 as 4.i.1.1through4.1.1.6. 

(ix) Sections 4.1 and 4.1.1 are added in 

Appendix J to read as follows: 

4. 1 Energy consumption. 

4.1.1 Nonwater-heatingc/othes washers. 

(x) Add new sections, 4.1.2 through 4.1..2..2 

in Appendix J to read u follows: .-

4.1.2 Water-heating clothes washers-· 

4.1.2.1 PeN;ycle temperature-weightetf. 

mochine electrical energy consumption for 

maximum and minimum water fill levels. 

Qilculate the per-cycle temperature-weighted 

electri<:.."1 energy consumption for the 

maximum water fill level, Ea-. aod for the 

minimum water fill level, &...... expreHed in 

kilowatt-hours per cycle (megajoules per 

cycle) and udined as: 

Em...=(0.30XEt..ma..)+(0.55x£....-MO. t5id?.:.-) 

Emm=(0.30XF.t..mm)ot.(0.55XE..-l+<0.15xF.c..a) 

where: 

.Ei..ma.=as defined in section 3.2.2.1. t. 

E....mu=as defined in section 3.2..2.1.2 

Ec.max=as defined in section :U.2.1.3 

Ei..mm=as defined in section 3.2..2.2..1 · 

E....-=es defined in section 3.2.2.2.2 

E.:.-=aa defined in section 3.2.2.2.3 

4.1.2.2 Talal pet'-CYCle machine electriall 

energy consumption. Calcuhtte the total percycle energy consumption. ETE. expressed in 

kilowatt-hours per cycle (megajoules per 

cycle) and defiWMI as: 

£.ni=(D.72XE_l+((J.28>dta,J 

where: 

E.-. E.nm=as defined in section .tt.z.1 

- This Interim Waiver is based upon the · presumed validity of statements and all 

allegations submitted by ASKO Inc. This · · Interim Waiver may be revoked or modified 

at any time upon a determination that the · factual basis underlying the Application & 

incorrect. 

The Interim Waiver shall remain in effect 

for a period or 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. 

Sincerely. 

Robert L San Martin. 

Acting .Assisront Secretmy, Energy Effrciency 

and Renewable Energy. . 

IFR Doc. 93-21714 Filed 9-3-93:; 8:45 mnJ 

8IUJNG CODE ~-"'