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[Federal Register Volume 76, Number 41 (Wednesday, March 2, 2011)]
[Notices]
[Pages 11440-11443]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-4608]

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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. CW-017]

Energy Conservation Program for Consumer Products: Decision and 
Order Granting a Waiver to Electrolux From the Department of Energy 
Residential Clothes Washer Test Procedure

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

ACTION: Decision and Order.

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SUMMARY: The U.S. Department of Energy (DOE) gives notice of the 
decision and order (Case No. CW-017) that grants to Electrolux Home 
Products (Electrolux) a waiver from the DOE clothes washer test 
procedure for determining the energy consumption of clothes washers. 
Under today's decision and order, Electrolux shall be required to test 
and rate its clothes washers with larger clothes containers using an 
alternate test procedure that takes the larger capacities into account 
when measuring energy consumption.

DATES: This Decision and Order is effective March 2, 2011.

FOR FURTHER INFORMATION CONTACT: Dr. Michael G. Raymond, U.S. 
Department of Energy, Building Technologies Program, Mailstop EE-2J, 
1000 Independence Avenue, SW., Washington, DC 20585-0121. Telephone: 
(202) 586-9611, E-mail: mailto:Michael.Raymond@ee.doe.gov.
    Jennifer Tiedeman, U.S. Department of Energy, Office of the General 
Counsel, Mail Stop GC-71, 1000 Independence Avenue, SW., Washington, DC 
20585-0103. Telephone: (202) 287-6111, E-mail: 
mailto:Jennifer.Tiedeman@hq.doe.gov.

SUPPLEMENTARY INFORMATION: In accordance with Title 10 of the Code of 
Federal Regulations (10 CFR 430.27(l)), DOE gives notice of the 
issuance of its decision and order as set forth below. The decision and 
order grants Electrolux a waiver from the applicable clothes washer 
test procedure in 10 CFR part 430, subpart B, appendix J1 for certain 
basic models of clothes washers with capacities greater than 3.8 cubic 
feet, provided that Electrolux tests and rates such products using the 
alternate test procedure described in this notice. Today's decision 
prohibits Electrolux from making representations concerning the energy 
efficiency of these products unless the product has been tested 
consistent with the provisions and restrictions in the alternate test 
procedure set forth in the decision and order below, and the 
representations fairly disclose the test results. Distributors, 
retailers, and private labelers are held to the same standard when 
making representations regarding the energy efficiency of these 
products. 42 U.S.C. 6293(c).

    Issued in Washington, DC, on February 23, 2011.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.

Decision and Order

    In the Matter of: Electrolux Home Products (Case No. CW-017).

I. Background and Authority

    Title III, Part B of the Energy Policy and Conservation Act of 1975 
(EPCA), Public Law 94-163 (42 U.S.C. 6291-

[[Page 11441]]

6309, as codified) established the Energy Conservation Program for 
Consumer Products Other Than Automobiles, a program covering most major 
household appliances, which includes the residential clothes washers 
that are the focus of this notice.\1\ Part B includes definitions, test 
procedures, labeling provisions, energy conservation standards, and the 
authority to require information and reports from manufacturers. 
Further, Part B authorizes the Secretary of Energy to prescribe test 
procedures that are reasonably designed to produce results which 
measure energy efficiency, energy use, or estimated operating costs, 
and that are not unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) 
The test procedure for automatic and semi-automatic clothes washers is 
contained in 10 CFR part 430, subpart B, appendix J1.
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    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part B was re-designated Part A.
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    DOE's regulations for covered products contain provisions allowing 
a person to seek a waiver for a particular basic model from the test 
procedure requirements for covered consumer products when (1) The 
petitioner's basic model for which the petition for waiver was 
submitted contains one or more design characteristics that prevent 
testing according to the prescribed test procedure, or (2) when 
prescribed test procedures may evaluate the basic model in a manner so 
unrepresentative of its true energy consumption characteristics as to 
provide materially inaccurate comparative data. 10 CFR 430.27(a)(1). 
Petitioners must include in their petition any alternate test 
procedures known to the petitioner to evaluate the basic model in a 
manner representative of its energy consumption characteristics. 10 CFR 
430.27(b)(1)(iii).
    The Assistant Secretary for Energy Efficiency and Renewable Energy 
(the Assistant Secretary) may grant a waiver subject to conditions, 
including adherence to alternate test procedures. 10 CFR 430.27(l). 
Waivers remain in effect pursuant to the provisions of 10 CFR 
430.27(m).
    Any interested person who has submitted a petition for waiver may 
also file an application for interim waiver of the applicable test 
procedure requirements. 10 CFR 430.27(a)(2). The Assistant Secretary 
will grant an interim waiver request if it is determined that the 
applicant will experience economic hardship if the interim waiver is 
denied, if it appears likely that the petition for waiver will be 
granted, and/or the Assistant Secretary determines that it would be 
desirable for public policy reasons to grant immediate relief pending a 
determination on the petition for waiver. 10 CFR 430.27(g).
    On December 23, 2010, DOE issued enforcement guidance on the 
application of recently granted waivers for large-capacity clothes 
washers and announced steps to improve the waiver process and refrain 
from certain enforcement actions. This guidance can be found on DOE's 
Web site at http://www.gc.energy.gov/1661.htm.

II. Electrolux's Petition for Waiver: Assertions and Determinations

    On December 8, 2010, Electrolux filed a petition for waiver and 
application for interim waiver from the test procedure applicable to 
automatic and semi-automatic clothes washers set forth in 10 CFR part 
430, subpart B, appendix J1. In particular, Electrolux requested a 
waiver to test its residential clothes washers with basket volumes 
greater than 3.8 cubic feet on the basis of the test procedures 
contained in 10 CFR part 430, Subpart B, Appendix J1, with a revised 
Table 5.1 which extends the range of container volumes beyond 3.8 cubic 
feet. Electrolux's petition and DOE's grant of interim waiver were 
published in the Federal Register on December 27, 2010. 75 FR 81258. 
DOE received no comments on the Electrolux petition.
    Electrolux's petition seeks a waiver from the DOE test procedure 
because the mass of the test load used in the procedure, which is based 
on the basket volume of the test unit, is currently not defined for 
basket sizes greater than 3.8 cubic feet. Electrolux manufactures basic 
models with capacities greater than 3.8 cubic feet, and it is for these 
basic models that Electrolux seeks a waiver from DOE's test procedure. 
In addition, if the current maximum test load mass is used to test 
these products, the tested energy use would be less than the actual 
energy usage, and could evaluate the basic model in a manner so 
unrepresentative of its true energy consumption characteristics as to 
provide materially inaccurate comparative data.
    Table 5.1 of Appendix J1 defines the test load sizes used in the 
test procedure as linear functions of the basket volume. Electrolux has 
submitted a revised table to extend the maximum basket volume from 3.8 
cubic feet to 6.0 cubic feet, a table similar to one developed by the 
Association of Home Appliance Manufacturers (AHAM), and provided to DOE 
in comments on a recently published DOE residential clothes washer test 
procedure Notice of Proposed Rulemaking (NOPR). 75 FR 57556 (September 
21, 2010). When this rulemaking is complete, any amended test procedure 
will supersede the test procedure described in this waiver. AHAM 
provided calculations to extrapolate Table 5.1 of the DOE test 
procedure to larger container volumes. DOE believes that this is a 
reasonable procedure because the DOE test procedure defines test load 
sizes as linear functions of the basket volume. AHAM's extrapolation 
was performed on the load weight in pounds, and AHAM appears to have 
used the conversion formula of \1/2.2\ (or 0.45454545) to convert 
pounds to kilograms. In applications for interim waiver and petitions 
for waiver, LG and Samsung submitted tables similar to the table 
proposed by AHAM, rounding the results in kilograms to two decimal 
places, but with a more accurate conversion factor of 0.45359237. 
However, Samsung and LG's table does contain small rounding errors 
which were corrected in the table proposed by DOE in the recently 
published clothes washer test procedure NOPR. Electrolux now requests 
that DOE approve its use of a table identical to Table 5.1 proposed in 
DOE's NOPR. Id.
    As DOE has stated in the past, it is in the public interest to have 
similar products tested and rated for energy consumption on a 
comparable basis. Previously, DOE granted a test procedure waiver to 
Whirlpool for three of Whirlpool's clothes washer models with container 
capacities greater than 3.8 cubic feet. 75 FR 69653 (November 15, 
2010). This notice contained an alternate test procedure, which 
extended the linear relationship between maximum test load size and 
clothes washer container volume in Table 5.1 to include a maximum test 
load size of 15.4 pounds (lbs) for clothes washer container volumes of 
3.8 to 3.9 cubic feet. On December 10, 2010, DOE granted a similar 
waiver to General Electric Company (GE), which used the same alternate 
test procedure. 75 FR 76968. DOE has also granted interim waivers to 
Samsung and to LG for similar products. 75 FR 57937 (September 23, 
2010); 75 FR 71680 (November 24, 2010). All decisions and orders for 
this type of product use the Table 5.1 values presented in DOE's NOPR.

III. Consultations With Other Agencies

    DOE consulted with the Federal Trade Commission (FTC) staff 
concerning the Electrolux petition for waiver. The FTC staff did not 
have any objections to granting a waiver to Electrolux.

[[Page 11442]]

IV. Conclusion

    After careful consideration of all the material that was submitted 
by Electrolux, the waivers granted to Whirlpool and GE, and the interim 
waivers granted to Samsung and LG, the clothes washer test procedure 
rulemaking, and consultation with the FTC staff, it is ordered that:
    (1) The petition for waiver submitted by the Electrolux Corporation 
(Case No. CW-017) is hereby granted as set forth in the paragraphs 
below.
    (2) Electrolux shall not be required to test or rate the following 
Electrolux models on the basis of the current test procedure contained 
in 10 CFR part 430, subpart B, appendix J1. Instead, it shall be 
required to test and rate such products according to the alternate test 
procedure as set forth in paragraph (3) below:

------------------------------------------------------------------------
                   Model                                Brand
------------------------------------------------------------------------
EIFLS55 ***...............................  Electrolux
EIFLS60 ***...............................  Electrolux
EIFLW55 ***...............................  Electrolux
EWFLS65 ***...............................  Electrolux
EWFLS70 ***...............................  Electrolux
EWFLW65H..................................  Electrolux
EWFLW65I..................................  Electrolux
FAFS4272 **...............................  Frigidaire
FAFS4473 **...............................  Frigidaire
FAFS4474 **...............................  Frigidaire
LAFW7000 **...............................  Frigidaire
LAFW8000 **...............................  Frigidaire
417.4110 *................................  Kenmore
417.4413 *................................  Kenmore
------------------------------------------------------------------------

    (3) Electrolux shall be required to test the products listed in 
paragraph (2) above according to the test procedures for clothes 
washers prescribed by DOE at 10 CFR part 430, appendix J1, except that, 
for the Electrolux products listed in paragraph (2) only, the expanded 
Table 5.1 below shall be substituted for Table 5.1 of appendix J1.

                                                               Table 5.1--Test Load Sizes
--------------------------------------------------------------------------------------------------------------------------------------------------------
                             Container volume                                     Minimum load              Maximum load              Average load
--------------------------------------------------------------------------------------------------------------------------------------------------------
                          cu. ft.                                liter
---------------------------------------------------------------------------      lb           kg           lb           kg           lb           kg
                           >= = 0.10 lbs (0.05 kg).

    (4) Representations. Electrolux may make representations about the 
energy use of its clothes washer products for compliance, marketing, or 
other purposes only to the extent that such products have been tested 
in accordance with the provisions outlined above and such 
representations fairly disclose the results of such testing.
    (5) This waiver shall remain in effect consistent with the 
provisions of 10 CFR 430.27(m).
    (6) This waiver is issued on the condition that the statements, 
representations, and documentary materials provided by the petitioner 
are valid. DOE may revoke or modify this waiver at any time if it 
determines the factual basis underlying the petition for waiver is 
incorrect, or the results from the alternate test procedure are 
unrepresentative of the basic models' true energy consumption 
characteristics.
    (7) Grant of this waiver does not release a petitioner from the 
certification requirements set forth at 10 CFR 430.62.

    Issued in Washington, DC, on February 23, 2011.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 2011-4608 Filed 3-1-11; 8:45 am]
BILLING CODE 6450-01-P
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