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This facsimile consis al__page(s), including the coversheet Please call the sender f any error.AGENCY: Office of Energy Efficiency and Renewable Energy, Department of Energy

ACTION: Notice of limited reopening of the comment period.
SUMMARY: Appendix J to Subpart B of 10 C.F.R. Part 430 sets forth the test procedures required for testing whether clothes washers comply with the existing energy conservation standards. The Department of Energy (DOE or Department) has proposed to amend these test procedures. The purpose of this notice is to solicit comments on possible additional amendments which would require certain specific procedures for testing clothes washers with adaptive (machine controlled) water fill control capability, and clothes washers with non-traditional temperature selections.

1DATES: Written comments in response to this notice must be received by [Insert date 15 days

after publication in Federa' Register].
ADDRESSES: Written comments, 10 copies, are to be submitted to: U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, EE-43, Room 1J-018, "Test Procedure for Clothes Washers and Reporting Requirements for Clothes Washers, Clothes Dryers, and Dishwashers," Docket No. EE-PM-94-230A, Forrestal Building, 1000 Independence Avenue, SW, Washington, D.C. 20585, (202)-586-7574.
Copies of the transcript of the public hearing and the public comments received on the proposed rule, may be read or photocopied at the Department of Energy Freedom of Information Reading Room, U.S. Department of Energy, Forrestal Building, Room 1E- 190, 1000 Independence Avenue, SW, Washington, D.C. 20585, (202) 586-6020 between the hours of 9:00 a.m. and 4:00 p.m., Monday through Friday, except Federal holidays.


### FOR FURTHER INFORMATION CONTACT: P. Marc LaFrance U.S. Department of Energy Energy Efficiency and Renewable Energy Mail Station EE-43 Forrestal Building 1000 Independence Avenue, SW Washington, D.C. 20585-0121 (202) 586-8423

2 P:\DATAE4O\EE-43\43COM4ON\LAFRkJJCE2V.fFpgOpN,OO5

### Edward Levy, Esq.

U.S. Department of Energy Office of General Counsel Mail Station OC-72 Forrestal Building 1000 Independence Avenue, SW Washington, D.C. 20585 (202)586-9507
SUPPLEMENTARY INFORMATION: 

### I. Introduction II. Discussion A. Adaptive Water Fill Control Manual and Adaptive Water Fill Control Multiple Adaptive WaterFill Control Settings B. Temperature Selections Multiple Warm Wash Temperature Combination Selections Multiple Temperature Settings within a Temperature Combination Selection One and Two Temperature Combination Selections
L Introduction
On March 23, 1995, the Department published a notice of proposed rulemaking to make several amendments to the clothes washer test procedure. 60 FR 15330 (hereafter referred to as the Notice of Proposed Rulemaking or NOPR). On July 12, 1995, a hearing on the proposed rule was held in Washington, DC.
The proposed amendments to the test procedure were based on the same factual foundation as the existing test procedure and energy conservation standards for clothes washers, so that the existing energy conservation standard would not have to be adjusted. The Department believes, 3however, that the existing test procedure currently overstates the average annual energy

consumption for clothes washers because of changes in consumer habits since the current test procedure was adopted.1 The Department had planned on initiating an additional clothes washer test procedure rulemaking, at a later date, which would take into account current consumer habits, and would be used as the basis for considering revision of the clothes washer energy conservation standards.2
In response to the NOPR, the Association of Home Appliance Manufacturers (AHAM) submitted comments asking DOE to adopt an additional new test procedure, based on current consumer habits, which would be used in considering revision of the clothes washer energy conservation standards, and would take effect when new standards take effect. On April 22, 1996, the Department proposed such a new clothes washer test procedure, Appendix Ji, as well as certain additional revisions to the currently applicable test procedure in Appendix J to Subpart B of 10 C.F.R. Part 430. 61 FR 17589 (hereafter referred to as the Supplemental Notice of Proposed Rulemaking or Supplemental NOPR). The Department proposed to issue a final rule with Iwo test procedures, to be codified in Appendices "J" and 'Ji" to Subpart B of 10 C.F.R. Part 430. Appendix "J" would be a revision of the current test procedure, would be consistent with the existing standards, and would become effective 30 days after issuance of the final rule. Appendix "Ji", generally based on AHAM's suggested test procedures, would be used in the analysis and review of

1 Proctor & Gamble data indicates a decrease in the use of hot water and the iiumber of cycles per year over time. 2 The second round of clothes washer Standards rulemaking was initiated by the publication of an Advance Notice of Proposed Rulemaking

(ANOPR). (59FR 56423, Novamber 14, 1994.) 4 P\DATA\E&.4O\EE4343COMMONLAFRANCECWFPROPN.OO5possible revised efficiency standards, and would apply to any revised standards. Upon adoption of

any revised standards, the Department would amend its regulations to replace Appendix "F' with Appendix "Ji ." However, since the publication of the NOPR and the Supplemental NOPR, additional issues have arisen regarding the Appendix J test procedure. The purpose of today's notice is to obtain public comment on options the Department is considering for resolving these issues. se issues arose in the context of interim waivers from the DOE clothes washer test procedure granted by DOE with respect to clothes washer features that are not covered by the current test procedure. On April 6, 1996, the Department granted General Electric Appliances (GEA) an Interim Waiver (CW-004) for its3 clothes washer that has multiple warm wash temperature selections, various temperature settings within each temperature selection, multiple adaptive water fill control settings, and a manual water fill control option. 61 FR 18129. On Sepiember 6, 1996, the Department granted GEA an Interim Waiver (CW-005) for its clothes washer that has only two wash/rinse temperature selections. 61 FR 47115. The Department is considering inclusion in the Appendix J test procedure of test provisions that address these features, and solicits comments only on the issues of whether and how such features should be addressed in Appendix J.

GEAs clothes wasbeT is actually manufacturedbyFisher & Paykel Limited from New Zealand. 5 P:\DATAEE-4OEE-4343COMMON\LAFRANCECWrpROpN.OO511. Discussion

A. Adaptive Water Fill Control
The amount of energy that a clothes washer consumes is almost entirely a function of whether it uses heated or unheated water, and of the temperature and amount of any heated water it us. Adaptive water fill control in a clothes washer is a control scheme which automatically determines, without operator intervention, the amount of water used to wash a particular load of clothing, based on the size of that clothing load. In the NOPR, the Department proposed to amend Appendix J to include test provisions for adaptive water fill control4 schemes, but proposed no alteration of the existing test procedures for manual water fill control.5
Manual and Adaptive Water Fill Control
The GEA clothes washer that is the subject of Interim Waiver CW-004, cited above, has both manual and adaptive water fill control capability. However, neither the current Appendix J test procedure, nor the proposed amendments to Appendix 1, sets forth a procedure that applies to a clothes washer that has both of these features. In the upplementa1 NOPR, the Department proposed that Appendix Ji provide that such machmes be tested in both the manual and adaptive water fill modes, and that test results be prorated based on the assumption that each mode is used 50

In the NOPR, the terminology used was "machine-controlled water fill," although the Department plans to adopt language used in the Supplemental NOPR "adaptive water fill controL" In Appendix I, two types of manual fill control are defined, "sensor filled" and "Limed filled." 

### 6percent of the time. This methodology is used in Interim Waiver CW-004 granted to GEA. The

Department has not received any negative comment regarding this methodology, and is considering adoption of this approach for the Appendix' J test procedure. The Department welcomes comments oti this issue.
Multiple Adaptive Water Fill Control Settings
The GEA clothes washer c vered by Interim Waiver CW-004, also permits adjustment of the "sensitivity," or relative water fill amounts, for the adaptive water fill control feature. This feature allows a consumer to fine tune the adaptive water fill control system, and permits use of different amounts of water for a given amount of clothing being washed. The test method provided to GEA in Interim Waiver CW-004, requires the two extreme "sensitivities," which provide the most and least energy intensive results, to be tested. Then these two results, or associated energy consumption values, are averaged to determine the adaptive water fill control energy consumption value. As mentioned above, the adaptive water fill control result is then prorated with the manual water fill control result. The Department has not received any negative comment regarding this methodology and is considering adoption of this approach for the Appendix J test procedure. The Department welcomes comments on this issue.

7 P:\DATAEE4O\EE4343COMMON\LAFRANCFCWFPROPN.OO5B. Temperature Selections

Currently, and as proposed, Appendix J allows for the testing of three basic wash temperatures, cold, wann, and hot, in several combinations with two rinse temperatures, cold and warm. The test procedures set forth percentages, called temperature use factors (TIJFs), that represent the proportion of the time that each combination of wash and rinse temperatures is used. The test procedures have a set 'fTUFs that applies to each clothes washer that is equipped with either three, four, five or six discrete temperature combination selections (TCSs) (wash/rinse offering to a consumer). Clothes washers with these TCSs represent the majority of the market. However, new clothes washers, such as the GEA clothes washers, have new temperature combinations which are not explicitly covered by the Appendix J test procedure.
Multiple Warm Wash Temperature Combination Selections
The GEA clothes washer covered by Interim Waiver CW-004 has three different warm wash selections, each of which has a cold rinse. The warm wash temperatures of these three TCSs are equally spaced by temperature, so that the temperature of the median warm wash is at the mid-point between the temperatures of the warmest warm wash and the coolest warm wash The test methodology provided to GEA in the Interim Waiver required that only the median warm wash TCS be tested. The above and below median warm wash TCSs were not to be tested. The Department did not receive any negative comment regarding this methodology.

8 P:\DATA\EE-4O\EE-4343COMMONLAFRANcE\CWFPROPN.OO5

### The Department is considering adoption of a similar approach in Appendix J. In addition, the

Department is also considering adoption of additional provisions to address two other situations where clothes washers have multiple warm wash TCSs. First, similar to the clothes washer covered by Interim Waiver CW-004, a clothes washer could have a median warm wash selection and two or more pairs (one selection above and the other below the median) of additional warm selections, with the two selections in each pair being an equal distance (by temperature) from the median. The Department contemplates that in such a situon, as under Interim Waiver CW-004, a manufacturer should have to test only the median warm wash TCS. Second, unlike the clothes washer covered by Interim Waiver CW-004, a clothes washer could have multiple warm wash TCSs that are not equidistant from a median warm wash TCS. The Department is considering incorporation into Appendix J of a requirement that, in such a situation, a manufacturer would test the TCS with the warm wash temperature that is the next higher selection above the actual mean selection, or above a theoretical mean warm wash TCS if an actual mean selection does not exist. The Department seeks comments regarding these issues. Multiple Temperature Settings within a Temperature Combination Selection The GEA clothes washer covered by Interim Waiver CW-004 also has multiple temperature settings, i.e., a range of temperatures from which a consumer, can make a setting within a specific TCS. Section 3.2.2.2 of the current test procedure requires that the "hottest setting available" be used for testing the hot wash TCS. In Interim Waiver CW-004, the Department provided a test methodology to GEA for its clothes washer which requires that the hottest temperature setting

9 P:DATA\OEE-43\43COMMON\LAFRANCE'CWrPROPN.OO5within a hot, warm or cold TCS be tested.

This approach is similar to the Department's proposal in the NOPR for addressing similar TCSs that are labeled so as to appear to the consumer to be virtually identical. Tn essence, the similarly labeled TCSs are two temperature settings for one basic TCS. For example on a single clothes washer, one cold wash/cold rinse TCS may be labeled "cold/cold," with a wash temperature that is never heated, and another can be labeled "auto cohl'#'old" with a wash temperature that uses some hot water. The Department's NOPR proposes that the hottest of these two selections be used for test results. The Department believes this proposal is consistent with the industry's basic interpretation of the test procedure. The Department believes this issue is essentially the same as the multiple temperature setting issue regarding the GEA clothes washer. The Department did not receive any negative comment regarding the NOPR's provision for similarly labeled TCSs.
However, the Department did receive negative comment from Fisher & Paykel Limited (Fisher and Paykel)6 in response to the Interim Waiver CW-004 granted to GEA. Fisher & Paykel is concerned that the test methodology that requires testing at the hottest temperature setting available within a TCS is inconsistent with the test methodology regarding multiple warm wash TCSs, discussed above. The two approaches may appear to be inconsistent, but the Department believes they would establish the best solution given the treatment of multiple warm TCSs in Interim Waiver CW-004 and the proposal in the NOPR for similarly labeled TCSs. One of the Department's goals in proposing to amend the Appendix J test procedure is to see that the test procedure does not affect

6 Fisher & Paykel Limited is the manufacturer of the clothes washer that GEA is petitioning for a waiver. 10 PDATA\EE-4O\EE-43\43COMMON\LAFRANCE\CWFPROPN.OO5the energy rating of any model that must meet the current minimum elficiency standard. In addition,

to the extent possible, the Department wants to ensure that all models are tested and rated on a comparable basis. Therefore, the Department is considering adoption of provisions for Appendix J that would require, for each TCS tested, that the test be conducted at the hottest setting available for that TCS. The Department welcomes comments on this issue.
One and Two Temperature Combination Selections
The GEA clothes washers that are the subject of Interim Waiver CW-005, cited above, have only two wash/rinse TCSs. One selection has a cold wash and a cold rinse, while the other has a heated wash and a cold rinse. In the Interim Waiver granted to GEA, the Department provided a TLJF of 15 percent for the cold/cold selection in these clothes washers, which is the same TUF value as is contained in the current test procedure for the cold/cold selection for three, four, five, and six TCS clothes washers. The heated TCS addressed in Interim Waiver CW-005 had the remaining percentage, or a Tt.JF of85 percent. The Department did not receive any negative comments regarding these proration factors. The Department is considering adoption of the same TUF values for Appendix J.
In addition, the Department proposes to specify that a clothes washer with only one TCS would be tested at that TCS 100 percent of the time. The Department plans to adopt the following tables for Appendix J:

11 P:\DATA4O\EE43\43COMMONLAFRANCEcWJ'PkopN.OO5One temperature selection (n=1)



### The Department welcomes comments regarding these issues.
Listof Subjects in 10 CFR Part430 Administrative Practice and Procedure, Energy Conservation, Household Appliances. Issued in Washington, D.C., Nove er 4 ]f996. 

# • 1Wsr7L Christine A. Ervin Assistant Secretary • Energy Efficiency and Renewable Energy

12 P:DATA\EE-4O\EE-43\43COMMON\LAFRANCE\CWrpROpN.OO5 Two temperature selection (n=2)