80 FR 78208 - Notice of Petition for Waiver of Whirlpool Corporation From the Department of Energy Clothes Washer Test Procedure, and Grant of Interim Waiver
DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy Federal Register Volume 80, Issue 241 (December 16, 2015)
Office of Energy Efficiency and Renewable Energy
Federal Register Volume 80, Issue 241 (December 16, 2015)
| Page Range | 78208-78215 | |
| FR Document | 2015-31623 |
[Federal Register Volume 80, Number 241 (Wednesday, December 16, 2015)] [Notices] [Pages 78208-78215] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-31623] ----------------------------------------------------------------------- DEPARTMENT OF ENERGY Office of Energy Efficiency and Renewable Energy [Case No. CW-026] Notice of Petition for Waiver of Whirlpool Corporation From the Department of Energy Clothes Washer Test Procedure, and Grant of Interim Waiver AGENCY: Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Notice of petition for waiver, notice of grant of interim waiver, and request for comments. ----------------------------------------------------------------------- SUMMARY: This notice announces receipt of a petition for waiver from Whirlpool Corporation (Whirlpool) seeking an exemption from specified portions of the U.S. Department of Energy (DOE) test procedure for determining the energy consumption of residential clothes washers. Whirlpool seeks to use an alternate test procedure to address [[Page 78209]] certain issues involved in testing certain specific basic clothes washer models identified in its petition that container volumes between 6.0 cubic feet and 8.0 cubic feet that Whirlpool contends cannot be accurately tested using the currently applicable DOE test procedure. DOE solicits comments, data, and information concerning Whirlpool's petition and its suggested alternate test procedure. This notice also grants Whirlpool with an interim waiver from the residential clothes washer test procedure, subject to use of the alternative test procedure set forth in this notice. DATES: DOE will accept comments, data, and information with respect to the Whirlpool petition until January 15, 2016. ADDRESSES: You may submit comments, identified by Case Number CW-026, by any of the following methods:Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. Email: [email protected] Include ``Case No. CW-026'' in the subject line of the message. Mail: Ms. Brenda Edwards, U.S. Department of Energy, Building Technologies Program, Mailstop EE-5B/1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 586-2945. Please submit one signed original paper copy. Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department of Energy, Building Technologies Program, 950 L'Enfant Plaza SW., Room 6094, Washington, DC 20024. Please submit one signed original paper copy. Docket: For access to the docket to review the background documents relevant to this matter, you may visit the U.S. Department of Energy, 950 L'Enfant Plaza SW., Washington, DC, 20024; (202) 586-2945, between 9:00 a.m. and 4:00 p.m., Monday through Friday, except Federal holidays. Available documents include the following items: (1) This notice; (2) public comments received; (3) the petition for waiver and application for interim waiver; and (4) prior DOE waivers and rulemakings regarding similar clothes washer products. Please call Ms. Brenda Edwards at the above telephone number for additional information. FOR FURTHER INFORMATION CONTACT: Mr. Bryan Berringer, U.S. Department of Energy, Building Technologies Program, Mail Stop EE-5B, Forrestal Building, 1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 586-0371. Email: [email protected]. Ms. Elizabeth Kohl, U.S. Department of Energy, Office of the General Counsel, Mail Stop GC-33, Forrestal Building, 1000 Independence Avenue SW., Washington, DC 20585-0103. Telephone: (202) 586-7796. Email: [email protected]. SUPPLEMENTARY INFORMATION: 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. 6291-6309, as codified), established the Energy Conservation Program for Consumer Products Other Than Automobiles, a program covering most major household appliances, which includes the clothes washers that are the focus of this notice. 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)). Part C of Title III provides for a similar energy efficiency program titled ``Certain Industrial Equipment,'' which includes commercial clothes washers and other types of commercial equipment.\1\ (42 U.S.C. 6311-6317) The test procedure for automatic and semi-automatic clothes washers (both residential and commercial) is contained in 10 CFR part 430, subpart B, appendix J2. --------------------------------------------------------------------------- \1\ For editorial reasons, upon codification in the U.S. Code, Parts B and C were re-designated Parts A and A-1, respectively. --------------------------------------------------------------------------- The regulations set forth in 10 CFR part 430.27 contain provisions that enable a person to seek a waiver from the test procedure requirements for covered products. DOE will grant a waiver if it is determined either that the basic models for which the petition for waiver was requested contains a design characteristics that prevents testing of the basic model according to the prescribed test procedures, or that prescribed test procedures 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(f)(2). 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. DOE may grant the waiver subject to conditions, including adherence to alternate test procedures. 10 CFR 430.27(f)(2). Waivers remain in effect pursuant to the provisions of 10 CFR 430.27(l). The waiver process also allows the DOE to grant an interim waiver from test procedure requirements to manufacturers that have petitioned DOE for a waiver of such prescribed test procedures. 10 CFR 430.27(e)(2). Within one year of issuance of an interim waiver, DOE will either: (i) Publish in the Federal Register a determination on the petition for waiver; or (ii) publish in the Federal Register a new or amended test procedure that addresses the issues presented in the waiver. 10 CFR 430.27(h)(1). When DOE amends the test procedure to address the issues presented in a waiver, the waiver will automatically terminate on the date on which use of that test procedure is required to demonstrate compliance. 10 CFR 430.27(h)(2). II. Application for Interim Waiver and Petition for Waiver On November 9, 2015, Whirlpool submitted a petition for waiver from the DOE test procedure applicable to automatic and semi-automatic clothes washers set forth in 10 CFR part 430, subpart B, appendix J2. Whirlpool requested the waiver 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 6.0 cubic feet. In its petition, Whirlpool seeks a waiver for the specified basic models with capacities greater than 6.0 cubic feet. Table 5.1 of Appendix J2 defines the test load sizes used in the test procedure as linear functions of the basket volume. Whirlpool requests that DOE grant a waiver for testing and rating based on a revised Table 5.1. Whirlpool also requests an interim waiver from the existing DOE test procedure. An interim waiver may be granted if it appears likely that the petition for waiver will be granted, and/or if DOE determines that it would be desirable for public policy reasons to grant immediate relief pending a determination of the petition for waiver. See 10 CFR 430.27(e)(2). DOE understands that absent an interim waiver, Whirlpool's products cannot be tested and rated for energy consumption on a basis representative of their true energy consumption characteristics. DOE has reviewed the alternate procedure and concludes that it will allow for the accurate measurement of the energy use of these products, while alleviating the testing problems associated with Whirlpool's implementation of clothes washer [[Page 78210]] containers larger than 6.0 cubic feet. Consequently, DOE has determined that Whirlpool's petition for waiver will likely be granted. Furthermore, as explained below, DOE has granted similar waivers to Whirlpool and other manufacturers, and has determined that it is desirable for public policy reasons to grant Whirlpool immediate relief pending a determination of the petition for waiver. DOE granted a waiver to Whirlpool for a similar request under Decision and Order (75 FR 69653, Nov. 15, 2010) to allow for the testing of clothes washers with container volumes between 3.8 cubic feet and 6.0 cubic feet. In addition to the previous waiver granted to Whirlpool, DOE granted waivers to LG (CW-016 (76 FR 11233, Mar. 1, 2011), CW-018 (76 FR 21879, Apr. 19, 2011), and CW-021 (76 FR 64330, Oct. 18, 2011); General Electric (75 FR 76968, Dec. 10, 2010), Samsung (76 FR 13169, Mar. 10, 2011); 76 FR 50207, Aug. 12, 2011), and Electrolux (76 FR 11440, Mar. 2, 2011) to allow for the testing of clothes washers with container volumes between 3.8 cubic feet and 6.0 cubic feet. DOE concludes it is likely that Whirlpool's petition for waiver will be granted for the similar reasons stated in these past waivers. The current DOE test procedure specifies test load sizes only for machines with capacities up to 6.0 cubic feet. (77 FR 13888, Mar. 7, 2012; the ``March 2012 Final Rule'') For the reasons set forth in DOE's March 2012 Final Rule, DOE concludes that extending the linear relationship between test load size and container capacity to larger capacities is valid. In addition, testing a basic model with a capacity larger than 6.0 cubic feet using the current procedure could evaluate the basic model in a manner so unrepresentative of its true energy consumption as to provide materially inaccurate comparative data. Based on these considerations, and the waivers granted to LG, GE, Electrolux and Samsung, as well as the previous waivers granted to Whirlpool for similar requests, it appears likely that the petition for waiver will be granted. As a result, DOE grants an interim waiver to Whirlpool for the basic models of clothes washers with container volumes greater than 6.0 cubic feet specified in its petition for waiver. DOE also provides for the use of an alternative test procedure extending the linear relationship between test load size and container capacity, described below. Therefore, it is ordered that: The application for interim waiver filed by Whirlpool is hereby granted for the specified Whirlpool clothes washer basic models, subject to the specifications and conditions below. Whirlpool shall be required to test and rate the specified clothes washer products according to the alternate test procedure as set forth in section III, ``Alternate Test Procedure.'' The interim waiver applies to the following basic residential model groups: Basic Model V15EAg50(3B), Basic Model V15EBg50(3B), Basic Model V15ECg50(3B). DOE makes decisions on waivers and interim waivers for only those models specifically set out in the petition, not future models that may be manufactured by the petitioner. Whirlpool may request that DOE extend the scope of a waiver or an interim waiver to include additional basic models employing the same technology as the basic model(s) set forth in the original petition consistent with 10 CFR 430.27(g). In addition, granting of an interim waiver or waiver does not release a petitioner from the certification requirements set forth at 10 CFR part 429. See also 10 CFR 430.27(a) and (i). Further, this interim waiver is conditioned upon the presumed validity of statements, representations, and documents provided by the petitioner. DOE may rescind or modify a waiver or interim waiver at any time upon a determination that the factual basis underlying the petition for waiver or interim waiver is incorrect, or upon a determination that the results from the alternate test procedure are unrepresentative of the basic models' true energy consumption characteristics. See 10 CFR 430.27(k). III. Alternate Test Procedure EPCA requires that manufacturers use DOE test procedures when making representations about the energy consumption and energy consumption costs of products covered by the statute. (42 U.S.C. 6293(c)) Consistent representations are important for manufacturers to use in making representations about the energy efficiency of their products and to demonstrate compliance with applicable DOE energy conservation standards. Pursuant to its regulations applicable to waivers and interim waivers from applicable test procedures at 10 CFR 430.27, DOE will consider setting an alternate test procedure for Whirlpool in a subsequent Decision and Order. The alternate procedure approved today is intended to allow Whirlpool to make valid representations regarding its clothes washers with basket capacities larger than provided for in the current test procedure. In the alternate test procedure described below, DOE has corrected two errors in the proposed Whirlpool load size table: For the 7.40-7.50 cubic foot capacity row, the maximum load size should be 30.60 lbs rather than 30.50 lbs, and the corresponding translation to kg should be 13.88 kg rather than 13.83 kg. For the 6.50-6.60 and higher capacities, the average load size was not calculated correctly. The average load size should be the numerical average of the minimum and maximum load sizes. For each of these, the corresponding translation to kg were updated. During the period of the interim waiver granted in this notice, Whirlpool shall test its clothes washer basic models according to the provisions of 10 CFR part 430 subpart B, appendix J2, except that the expanded Table 5.1 below shall be substituted for Table 5.1 of appendix J2. Table 5.1--Test Load Sizes -------------------------------------------------------------------------------------------------------------------------------------------------------- Container volume Minimum load Maximum load Average load -------------------------------------------------------------------------------------------------------------------------------------------------------- cu. ft. >= < liter >= < lb kg lb kg lb kg -------------------------------------------------------------------------------------------------------------------------------------------------------- 0-0.80.................................. 0-22.7 3.00 1.36 3.00 1.36 3.00 1.36 0.80-0.90............................... 22.7-25.5 3.00 1.36 3.50 1.59 3.25 1.47 0.90-1.00............................... 25.5-28.3 3.00 1.36 3.90 1.77 3.45 1.56 1.00-1.10............................... 28.3-31.1 3.00 1.36 4.30 1.95 3.65 1.66 1.10-1.20............................... 31.1-34.0 3.00 1.36 4.70 2.13 3.85 1.75 1.20-1.30............................... 34.0-36.8 3.00 1.36 5.10 2.31 4.05 1.84 1.30-1.40............................... 36.8-39.6 3.00 1.36 5.50 2.49 4.25 1.93 1.40-1.50............................... 39.6-42.5 3.00 1.36 5.90 2.68 4.45 2.02 [[Page 78211]] 1.50-1.60............................... 42.5-45.3 3.00 1.36 6.40 2.90 4.70 2.13 1.60-1.70............................... 45.3-48.1 3.00 1.36 6.80 3.08 4.90 2.22 1.70-1.80............................... 48.1-51.0 3.00 1.36 7.20 3.27 5.10 2.31 1.80-1.90............................... 51.0-53.8 3.00 1.36 7.60 3.45 5.30 2.40 1.90-2.00............................... 53.8-56.6 3.00 1.36 8.00 3.63 5.50 2.49 2.00-2.10............................... 56.6-59.5 3.00 1.36 8.40 3.81 5.70 2.59 2.10-2.20............................... 59.5-62.3 3.00 1.36 8.80 3.99 5.90 2.68 2.20-2.30............................... 62.3-65.1 3.00 1.36 9.20 4.17 6.10 2.77 2.30-2.40............................... 65.1-68.0 3.00 1.36 9.60 4.35 6.30 2.86 2.40-2.50............................... 68.0-70.8 3.00 1.36 10.00 4.54 6.50 2.95 2.50-2.60............................... 70.8-73.6 3.00 1.36 10.50 4.76 6.75 3.06 2.60-2.70............................... 73.6-76.5 3.00 1.36 10.90 4.94 6.95 3.15 2.70-2.80............................... 76.5-79.3 3.00 1.36 11.30 5.13 7.15 3.24 2.80-2.90............................... 79.3-82.1 3.00 1.36 11.70 5.31 7.35 3.33 2.90-3.00............................... 82.1-85.0 3.00 1.36 12.10 5.49 7.55 3.42 3.00-3.10............................... 85.0-87.8 3.00 1.36 12.50 5.67 7.75 3.52 3.10-3.20............................... 87.8-90.6 3.00 1.36 12.90 5.85 7.95 3.61 3.20-3.30............................... 90.6-93.4 3.00 1.36 13.30 6.03 8.15 3.70 3.30-3.40............................... 93.4-96.3 3.00 1.36 13.70 6.21 8.35 3.79 3.40-3.50............................... 96.3-99.1 3.00 1.36 14.10 6.40 8.55 3.88 3.50-3.60............................... 99.1-101.9 3.00 1.36 14.60 6.62 8.80 3.99 3.60-3.70............................... 101.9-104.8 3.00 1.36 15.00 6.80 9.00 4.08 3.70-3.80............................... 104.8-107.6 3.00 1.36 15.40 6.99 9.20 4.17 3.80-3.90............................... 107.6-110.4 3.00 1.36 15.80 7.16 9.40 4.26 3.90-4.00............................... 110.4-113.3 3.00 1.36 16.20 7.34 9.60 4.35 4.00-4.10............................... 113.3-116.1 3.00 1.36 16.60 7.53 9.80 4.45 4.10-4.20............................... 116.1-118.9 3.00 1.36 17.00 7.72 10.00 4.54 4.20-4.30............................... 118.9-121.8 3.00 1.36 17.40 7.90 10.20 4.63 4.30-4.40............................... 121.8-124.6 3.00 1.36 17.80 8.09 10.40 4.72 4.40-4.50............................... 124.6-127.4 3.00 1.36 18.20 8.27 10.60 4.82 4.50-4.60............................... 127.4-130.3 3.00 1.36 18.70 8.46 10.85 4.91 4.60-4.70............................... 130.3-133.1 3.00 1.36 19.10 8.65 11.05 5.00 4.70-4.80............................... 133.1-135.9 3.00 1.36 19.50 8.83 11.25 5.10 4.80-4.90............................... 135.9-138.8 3.00 1.36 19.90 9.02 11.45 5.19 4.90-5.00............................... 138.8-141.6 3.00 1.36 20.30 9.20 11.65 5.28 5.00-5.10............................... 141.6-144.4 3.00 1.36 20.70 9.39 11.85 5.38 5.10-5.20............................... 144.4-147.2 3.00 1.36 21.10 9.58 12.05 5.47 5.20-5.30............................... 147.2-150.1 3.00 1.36 21.50 9.76 12.25 5.56 5.30-5.40............................... 150.1-152.9 3.00 1.36 21.90 9.95 12.45 5.65 5.40-5.50............................... 152.9-155.7 3.00 1.36 22.30 10.13 12.65 5.75 5.50-5.60............................... 155.7-158.6 3.00 1.36 22.80 10.32 12.90 5.84 5.60-5.70............................... 158.6-161.4 3.00 1.36 23.20 10.51 13.10 5.93 5.70-5.80............................... 161.4-164.2 3.00 1.36 23.60 10.69 13.30 6.03 5.80-5.90............................... 164.2-167.1 3.00 1.36 24.00 10.88 13.50 6.12 5.90-6.00............................... 167.1-169.9 3.00 1.36 24.40 11.06 13.70 6.21 6.00-6.10............................... 169.9-172.7 3.00 1.36 24.80 11.25 13.90 6.30 6.10-6.20............................... 172.7-175.6 3.00 1.36 25.20 11.43 14.10 6.40 6.20-6.30............................... 175.6-178.4 3.00 1.36 25.60 11.61 14.30 6.49 6.30-6.40............................... 178.4-181.2 3.00 1.36 26.00 11.79 14.50 6.58 6.40-6.50............................... 181.2-184.1 3.00 1.36 26.40 11.97 14.70 6.67 6.50-6.60............................... 184.1-186.9 3.00 1.36 26.90 12.20 14.95 6.78 6.60-6.70............................... 186.9-189.7 3.00 1.36 27.30 12.38 15.15 6.87 6.70-6.80............................... 189.7-192.6 3.00 1.36 27.70 12.56 15.35 6.96 6.80-6.90............................... 192.6-195.4 3.00 1.36 28.10 12.75 15.55 7.05 6.90-7.00............................... 195.4-198.2 3.00 1.36 28.50 12.93 15.75 7.14 7.00-7.10............................... 198.2-201.0 3.00 1.36 28.90 13.11 15.95 7.23 7.10-7.20............................... 201.0-203.9 3.00 1.36 29.30 13.29 16.15 7.33 7.20-7.30............................... 203.9-206.7 3.00 1.36 29.70 13.47 16.35 7.42 7.30-7.40............................... 206.7-209.5 3.00 1.36 30.10 13.65 16.55 7.51 7.40-7.50............................... 209.5-212.4 3.00 1.36 30.60 13.88 16.80 7.62 7.50-7.60............................... 212.4-215.2 3.00 1.36 31.00 14.06 17.00 7.71 7.60-7.70............................... 215.2-218.0 3.00 1.36 31.40 14.24 17.20 7.80 7.70-7.80............................... 218.0-220.9 3.00 1.36 31.80 14.42 17.40 7.89 7.80-7.90............................... 220.9-223.7 3.00 1.36 32.20 14.61 17.60 7.98 7.90-8.00............................... 223.7-226.5 3.00 1.36 32.60 14.79 17.80 8.07 -------------------------------------------------------------------------------------------------------------------------------------------------------- [[Page 78212]] IV. Summary and Request for Comments Through this notice, DOE grants Whirlpool an interim waiver from the specified portions of the test procedure applicable to certain basic models of residential clothes washer with capacities larger than 6.0 cubic feet and announces receipt of Whirlpool's petition for waiver from those same portions of the test procedure. DOE is publishing Whirlpool's petition for waiver pursuant to 10 CFR 430.27(b)(1)(iv). The petition includes a suggested alternate test procedure to determine the energy consumption of Whirlpool's specified basic models of residential clothes washer with capacities larger than 6.0 cubic feet. Whirlpool is required to follow this alternate procedure, as corrected by DOE in Section III of this notice, as a condition of its interim waiver, and DOE is considering including the corrected alternate procedure in its subsequent Decision and Order. DOE solicits comments from interested parties on all aspects of the petition, including the suggested alternate test procedure and calculation methodology. Pursuant to 10 CFR 430.27(d), any person submitting written comments to DOE must also send a copy of such comments to the petitioner. The contact information for the petitioner is Sean Southard, Senior Analyst, Regulatory Affairs, Whirlpool Corporation, 2000 N. M63--MD 1604, Benton Harbor, MI 49022. All comment submissions to DOE must include the Case Number CW-026 for this proceeding. Submit electronic comments in Microsoft Word, Portable Document Format (PDF), or text (American Standard Code for Information Interchange (ASCII)) file format and avoid the use of special characters or any form of encryption. Wherever possible, include the electronic signature of the author. DOE does not accept telefacsimiles (faxes). Issued in Washington, DC, on December 9, 2015. Kathleen Hogan, Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and Renewable Energy. Whirlpool Corporation ADMINISTRATIVE CENTER 2000 N. M63--MD 1604 BENTON HARBOR, MI 49022 269.923.7258 November 9, 2015 Via Email: [email protected] Assistant Secretary for Conservation and Renewable Energy U.S. Department of Energy Building Technologies Program, Test Procedure Waiver 1000 Independence Avenue SW Washington, DC 20585 [email protected] Re: Petition for Waiver & Application for Interim Waiver Regarding Measurement of Energy Consumption of Residential Clothes Washers, Using 10 CFR part 430, subpart B, Appendix J2 Whirlpool Corporation (``Whirlpool'') is submitting this Petition for Waiver (``Waiver''), and Application for Interim Waiver (``Interim Waiver''), pursuant to 10 CFR 430.27, regarding the Department of Energy (``DOE'') Test Procedures for energy and water consumption of clothes washers. Whirlpool requests that DOE grant Whirlpool a Waiver and Interim Waiver from certain parts of the DOE 10 CFR 430, Subpart B, Appendix J2 test procedure for determining residential clothes washer energy consumption, and that DOE allow Whirlpool to test its clothes washers pursuant to the modified Appendix J2 table submitted in this Petition. The J2 test procedure does not allow for the testing of clothes washer container volumes beyond 6.0 cubic feet, as indicated in Table 5.1 of the Appendix J2 test procedure, and described in the Final Guidance for ``How are large-capacity clothes washers tested, rated, and certified?'' issued by DOE on May 29, 2012. Without a DOE grant of a Waiver and Interim Waiver, Whirlpool will not be able to introduce new, innovative large capacity clothes washers to consumers demanding them in the market. Whirlpool submits that the proposed modified Appendix J2 table is fully consistent with the approach used in previous (and currently expired) clothes washer waiver petitions that extrapolated existing container volumes and load sizes in a modified Table 5.1 in Appendix J1 to allow for the testing of clothes washers with container volumes between 3.8 cubic feet and 6.0 cubic feet. These waivers were granted on several occasions to multiple companies before the May 2012 Final Guidance was issued by DOE to modify Table 5.1 in Appendix J1 to allow for the testing of clothes washers between 3.8 cubic feet and 6.0 cubic feet. Whirlpool now proposes to modify Table 5.1 in Appendix J2 to accommodate the testing of clothes washers with measured capacities between 6.0 cubic feet and 8.0 cubic feet. Whirlpool notes that this request is consistent with DOE's authority to grant a Waiver. Whirlpool further submits that it is within the DOE's authority to grant an Interim Waiver to avoid economic hardship and competitive disadvantage for Whirlpool. 1. Whirlpool Corporation Whirlpool Corporation is the number one major appliance manufacturer in the world, with approximately $20 billion in annual sales, 100,000 employees and 70 manufacturing and technology research centers throughout the world in 2014. The company markets Whirlpool, KitchenAid, Maytag, Consul, Brastemp, Amana, Bauknecht, Jenn-Air, Indesit and other major brand names in more than 170 countries. Whirlpool's worldwide headquarters are located at 2000 North M-63, Benton Harbor, Michigan, USA. Additional information about the company can be found at WhirlpoolCorp.com, or find us on Twitter at @WhirlpoolCorp. 2. Basic Models Subject To The Waiver Request This Petition For Waiver and Application For Interim Waiver is for all basic models of residential clothes washers manufactured by Whirlpool Corporation that have a measured Appendix J2 container volume equal to or greater than 6.0 cubic feet and equal to or less than 8.0 cubic feet. Specific Basic Models are: Basic Model V15EAg50(3B) Basic Model V15EBg50(3B) Basic Model V15ECg50(3B) 3. Requested Waiver Whirlpool requests approval to test the energy and water consumption of the above residential clothes washers basic models using the modified table found in Exhibit A for the Appendix J2 clothes washer test procedure. Market conditions, including strong consumer demand for large capacity residential washers, have led Whirlpool to design clothes washers with volumes greater than 6.0 cubic feet. DOE has recognized this in the past when previous prevailing market conditions led manufacturers to design residential washers beyond 3.8 cubic feet, and DOE has granted multiple waivers to multiple manufacturers to accommodate their request to modify Table 5.1 to allow for the testing of these larger capacity washers between 3.8 cubic feet and 6.0 cubic feet. Whirlpool's proposed modified Table 5.1 is attached at Exhibit A. This modified table extrapolates load sizes for washers with container volumes between 6.0 cubic feet and 8.0 cubic feet, based on the linear equations used in the existing Table 5.1 for load sizes used with basket volumes up to 6.0 cubic feet. This is similar to the [[Page 78213]] approach that other manufacturers have used in previous waiver petitions to extrapolate load sizes for container volumes between 3.8 cubic feet and 6.0 cubic feet, and modify Table 5.1 in Appendix J1.\2\ --------------------------------------------------------------------------- \2\ See Federal Register/Vol. 76, No. 246/79666-79669 and Federal Register/Vol. 75, No. 219/69653-69655 --------------------------------------------------------------------------- 4. Regulatory Framework DOE's regulations, found in 10 CFR part 430.27, provide that the Assistant Secretary will grant a Petition to a manufacturer upon ``determin[ation] that the basic model for which the waiver was requested contains a design characteristic which either prevents testing of the basic model according to the prescribed test procedures, or the 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.'' Whirlpool believes that this Petition meets both conditions stated above for when DOE will grant a Petition. First, Table 5.1 of Appendix J2 defines test load sizes as linear functions of the container volume, but the Table only lists basket volumes up to 6.0 cubic feet. As a result, Whirlpool's new large capacity residential washer basic models listed above cannot be currently tested to the prescribed test procedure. Second, if Whirlpool were to test its large capacity residential washers listed above to the current load sizes listed under the container volume limit of 5.9-6.0 cubic foot, the results of that energy and water test would be unrepresentative of the true energy consumption characteristics of these new models by underestimating their energy use. 5. Other Manufacturers With Similar Design Characteristics To the best of our knowledge, Whirlpool is not aware of other manufacturers offering residential clothes washers with a measured container volume greater than or equal to 6.0 cubic feet. 6. Additional Justification For Interim Waiver Application Granting of an Interim Waiver is justified in this case because: (i) Whirlpool has provided strong evidence that demonstrates the likelihood of the granting of the Petition for Waiver; (ii) Whirlpool will suffer significant economic hardship and competitive disadvantage if this Interim Waiver Application is not granted; and (iii) an Interim Waiver is desirable for public policy reasons. a. Strong Likelihood That Waiver Will Be Granted Whirlpool has provided strong evidence that the Waiver should be granted. A Petition for Waiver is appropriate because these large capacity washers with measured container volumes above 6.0 cubic feet contain a design characteristic (container volumes beyond those listed in Table 5.1 of Appendix J2) that prevents testing of these models according to the Appendix J2 test procedure. Also, using the existing largest container volume listed in Table 5.1 of Appendix J2 (5.9-6.0 cubic feet), would provided a tested energy consumption characteristic that is unrepresentative of the true energy consumption of the models. Whirlpool has provided ample information in this Petition for Waiver and Application for Interim Waiver explaining its rationale for using the modified Table 5.1 found in Exhibit A. Whirlpool has demonstrated that such a modified Table is consistent with past waiver approaches that other manufacturers have taken to receive DOE waivers for container volumes between 3.8 cubic feet and 6.0 cubic feet before Table 5.1 in Appendix J1 was recently revised. b. Economic Hardship & Competitive Disadvantage In the absence of an Interim Waiver, Whirlpool will lack certainty as to whether it can launch these large capacity washers into the market. As mentioned before, Whirlpool predicts strong consumer demand for these large capacity washers, and the inability to bring them to market through denial of an Interim Waiver will cause economic hardship and competitive disadvantage for Whirlpool. There are long lead times and significant expenses associated with the design and manufacture of residential clothes washers. Compliance with federally mandated energy and water consumption standards is a critical design factor for all of Whirlpool's washers. Any delay in obtaining clarity on this issue will require Whirlpool to postpone key decisions regarding its investments to build, launch, and market these washers, and/or require Whirlpool to implement costly contingency plans. In the event this Waiver request is not approved, Whirlpool would not be able to move forward with the launch of these models, which would be a multi-million dollar impact to the company, potentially result in the loss of American jobs at our Clyde, OH manufacturing facility, and put us at a competitive disadvantage to competitors that market washers larger than any models we currently offer. Further, any denial for the Interim Waiver would not only impact our large capacity washer models listed in this petition, it would also impact the matching dryers that would be sold with these washers. The washers and dryers are intended to be sold as a matching pair, with a dryer capacity in the dryer that is optimized to be used with one of our large capacity washers. If Whirlpool is not granted the Interim Waiver, we would be forced to do two things: (i) postpone the launch of these dryers until a waiver is granted for the matching large capacity washers, or (ii) sell large capacity dryers in the market without a matching washer. If we postpone the launch, this would be a significant business disruption, resulting in a multi-million dollar impact to the company and put American jobs at risk at our Marion, OH manufacturing facility. If we sell these dryers in the market without their matching washer, we would expect significantly lower sales of the dryer than we would otherwise expect with the matching washer on the market. Most dryers are sold with a matching washer, for various reasons, and many consumers would not want to purchase a non-matching washer and this dryer. There would also be unused capacity and potentially wasted energy in the dryer, since its capacity is optimized to be used with the large capacity matching washer. c. An Interim Waiver is Desirable for Public Policy Reasons It would be desirable for public policy reasons to grant immediate relief by granting an Interim Waiver. It would immediately make available to the public the largest capacity residential clothes washers available on the market. For many consumers that purchase this washer, this would mean more clothing items that can be washed in a single load. For those consumers that maximize the clothes washer capacity, this equates to fewer loads per year, which is less water and energy use compared to the alternative of smaller and more frequent loads. Not granting the waiver would also potentially put U.S. jobs at our manufacturing facilities in Clyde, OH and Marion, OH at risk, if Whirlpool cannot launch these large capacity washers and dryers. Whirlpool employs 3,000 people at the washer manufacturing facility in Clyde, OH and [[Page 78214]] 2,500 people at the dryer manufacturing facility in Marion, OH. 7. CERTIFICATION OF NOTICE TO OTHER MANUFACTURERS Whirlpool Corporation is providing concurrent notice of this Petition for Waiver & Application for Interim Waiver to the other known manufacturers of residential clothes washers made or sold in the U.S., and to the Association of Home Appliance Manufacturers. The cover letters, including names and addresses of other known manufacturers and the industry association, is included in Exhibit B. 8. CONCLUSION Whirlpool respectfully submits that the DOE grant the above Petition for Waiver and Interim Waiver. By granting this Waiver, DOE will ensure that consumers will have access to new, innovative large capacity residential washers and Whirlpool will avoid economic hardship and competitive disadvantage. Thank you in advance for your consideration and prompt response. Sincerely, Sean Southard Senior Analyst, Regulatory Affairs Whirlpool Corporation Exhibit A: Modified Table 5.1--Test Load Sizes--10 CFR 430, Subpart B, Appendix J2 -------------------------------------------------------------------------------------------------------------------------------------------------------- Container volume Minimum load Maximum load Average load -------------------------------------------------------------------------------------------------------------------------------------------------------- cu. ft. [gteqt] < liter [gteqt] < lb kg lb kg lb kg -------------------------------------------------------------------------------------------------------------------------------------------------------- 0-0.80............................... 0-22.7 3.00 1.36 3.00 1.36 3.00 1.36 0.80-0.90............................ 22.7-25.5 3.00 1.36 3.50 1.59 3.25 1.47 0.90-1.00............................ 25.5-28.3 3.00 1.36 3.90 1.77 3.45 1.56 1.00-1.10............................ 28.3-31.1 3.00 1.36 4.30 1.95 3.65 1.66 1.10-1.20............................ 31.1-34.0 3.00 1.36 4.70 2.13 3.85 1.75 1.20-1.30............................ 34.0-36.8 3.00 1.36 5.10 2.31 4.05 1.84 1.30-1.40............................ 36.8-39.6 3.00 1.36 5.50 2.49 4.25 1.93 1.40-1.50............................ 39.6-42.5 3.00 1.36 5.90 2.68 4.45 2.02 1.50-1.60............................ 42.5-45.3 3.00 1.36 6.40 2.90 4.70 2.13 1.60-1.70............................ 45.3-48.1 3.00 1.36 6.80 3.08 4.90 2.22 1.70-1.80............................ 48.1-51.0 3.00 1.36 7.20 3.27 5.10 2.31 1.80-1.90............................ 51.0-53.8 3.00 1.36 7.60 3.45 5.30 2.40 1.90-2.00............................ 53.8-56.6 3.00 1.36 8.00 3.63 5.50 2.49 2.00-2.10............................ 56.6-59.5 3.00 1.36 8.40 3.81 5.70 2.59 2.10-2.20............................ 59.5-62.3 3.00 1.36 8.80 3.99 5.90 2.68 2.20-2.30............................ 62.3-65.1 3.00 1.36 9.20 4.17 6.10 2.77 2.30-2.40............................ 65.1-68.0 3.00 1.36 9.60 4.35 6.30 2.86 2.40-2.50............................ 68.0-70.8 3.00 1.36 10.00 4.54 6.50 2.95 2.50-2.60............................ 70.8-73.6 3.00 1.36 10.50 4.76 6.75 3.06 2.60-2.70............................ 73.6-76.5 3.00 1.36 10.90 4.94 6.95 3.15 2.70-2.80............................ 76.5-79.3 3.00 1.36 11.30 5.13 7.15 3.24 2.80-2.90............................ 79.3-82.1 3.00 1.36 11.70 5.31 7.35 3.33 2.90-3.00............................ 82.1-85.0 3.00 1.36 12.10 5.49 7.55 3.42 3.00-3.10............................ 85.0-87.8 3.00 1.36 12.50 5.67 7.75 3.52 3.10-3.20............................ 87.8-90.6 3.00 1.36 12.90 5.85 7.95 3.61 3.20-3.30............................ 90.6-93.4 3.00 1.36 13.30 6.03 8.15 3.70 3.30-3.40............................ 93.4-96.3 3.00 1.36 13.70 6.21 8.35 3.79 3.40-3.50............................ 96.3-99.1 3.00 1.36 14.10 6.40 8.55 3.88 3.50-3.60............................ 99.1-101.9 3.00 1.36 14.60 6.62 8.80 3.99 3.60-3.70............................ 101.9-104.8 3.00 1.36 15.00 6.80 9.00 4.08 3.70-3.80............................ 104.8-107.6 3.00 1.36 15.40 6.99 9.20 4.17 3.80-3.90............................ 107.6-110.4 3.00 1.36 15.80 7.16 9.40 4.26 3.90-4.00............................ 110.4-113.3 3.00 1.36 16.20 7.34 9.60 4.35 4.00-4.10............................ 113.3-116.1 3.00 1.36 16.60 7.53 9.80 4.45 4.10-4.20............................ 116.1-118.9 3.00 1.36 17.00 7.72 10.00 4.54 4.20-4.30............................ 118.9-121.8 3.00 1.36 17.40 7.90 10.20 4.63 4.30-4.40............................ 121.8-124.6 3.00 1.36 17.80 8.09 10.40 4.72 4.40-4.50............................ 124.6-127.4 3.00 1.36 18.20 8.27 10.60 4.82 4.50-4.60............................ 127.4-130.3 3.00 1.36 18.70 8.46 10.85 4.91 4.60-4.70............................ 130.3-133.1 3.00 1.36 19.10 8.65 11.05 5.00 4.70-4.80............................ 133.1-135.9 3.00 1.36 19.50 8.83 11.25 5.10 4.80-4.90............................ 135.9-138.8 3.00 1.36 19.90 9.02 11.45 5.19 4.90-5.00............................ 138.8-141.6 3.00 1.36 20.30 9.20 11.65 5.28 5.00-5.10............................ 141.6-144.4 3.00 1.36 20.70 9.39 11.85 5.38 5.10-5.20............................ 144.4-147.2 3.00 1.36 21.10 9.58 12.05 5.47 5.20-5.30............................ 147.2-150.1 3.00 1.36 21.50 9.76 12.25 5.56 5.30-5.40............................ 150.1-152.9 3.00 1.36 21.90 9.95 12.45 5.65 5.40-5.50............................ 152.9-155.7 3.00 1.36 22.30 10.13 12.65 5.75 5.50-5.60............................ 155.7-158.6 3.00 1.36 22.80 10.32 12.90 5.84 5.60-5.70............................ 158.6-161.4 3.00 1.36 23.20 10.51 13.10 5.93 5.70-5.80............................ 161.4-164.2 3.00 1.36 23.60 10.69 13.30 6.03 5.80-5.90............................ 164.2-167.1 3.00 1.36 24.00 10.88 13.50 6.12 5.90-6.00............................ 167.1-169.9 3.00 1.36 24.40 11.06 13.70 6.21 6.00-6.10............................ 169.9-172.7 3.00 1.36 24.80 11.25 13.90 6.30 6.10-6.20............................ 172.7-175.6 3.00 1.36 25.20 11.43 14.10 6.40 6.20-6.30............................ 175.6-178.4 3.00 1.36 25.60 11.61 14.30 6.49 [[Page 78215]] 6.30-6.40............................ 178.4-181.2 3.00 1.36 26.00 11.79 14.50 6.58 6.40-6.50............................ 181.2-184.1 3.00 1.36 26.40 11.97 14.70 6.67 6.50-6.60............................ 184.1-186.9 3.00 1.36 26.90 12.20 15.10 6.85 6.60-6.70............................ 186.9-189.7 3.00 1.36 27.30 12.38 15.30 6.94 6.70-6.80............................ 189.7-192.6 3.00 1.36 27.70 12.56 15.50 7.03 6.80-6.90............................ 192.6-195.4 3.00 1.36 28.10 12.75 15.70 7.12 6.90-7.00............................ 195.4-198.2 3.00 1.36 28.50 12.93 15.90 7.21 7.00-7.10............................ 198.2-201.0 3.00 1.36 28.90 13.11 16.10 7.30 7.10-7.20............................ 201.0-203.9 3.00 1.36 29.30 13.29 16.30 7.39 7.20-7.30............................ 203.9-206.7 3.00 1.36 29.70 13.47 16.50 7.48 7.30-7.40............................ 206.7-209.5 3.00 1.36 30.10 13.65 16.70 7.57 7.40-7.50............................ 209.5-212.4 3.00 1.36 30.50 13.83 16.90 7.67 7.50-7.60............................ 212.4-215.2 3.00 1.36 31.00 14.06 17.30 7.85 7.60-7.70............................ 215.2-218.0 3.00 1.36 31.40 14.24 17.50 7.94 7.70-7.80............................ 218.0-220.9 3.00 1.36 31.80 14.42 17.70 8.03 7.80-7.90............................ 220.9-223.7 3.00 1.36 32.20 14.61 17.90 8.12 7.90-8.00............................ 223.7-226.5 3.00 1.36 32.60 14.79 18.10 8.21 -------------------------------------------------------------------------------------------------------------------------------------------------------- Exhibit B: Notice to Manufacturers November 9, 2015 Alliance Laundry Systems, LLC Attn: Andrew Huerth PO Box 990 Shepard Street Ripon, WI 54971 Association of Home Appliance Manufacturers Attn: Jennifer Cleary 1111 19th Street NW., Suite 402 Washington, DC 20036 Arcelik A.S. Attn: Salih Zeki Bugay 125 W Tremont Ave #1134 Charlotte, NC 28203 Asko Appliances AB Attn: Jonas Lidberg Socerbruksgatan 3SE-531 40 Lidk[ouml]ping, Sweden Avanti Products 10880 NW 30th Street Miami, FL 33172 Bosch Home Appliances Corporation Attn: Michelle Buranday 1901 Main St Irvine, CA 92614 Danby Products, Inc. PO Box 669 Findlay, OH 45839-0669 Electrolux Home Products Attn: George Hawranko 10200 David Taylor Dr Rm TKY435 Charlotte, NC 28262 Fisher & Paykel Appliances Inc. Attn: Laurence Mawhinney 695 Town Center Dr Ste 180 Costa Mesa, CA 92626 General Electric Company Attn: Earl F. Jones 4000 Buechel Bank Road AP2-225 Louisville, KY 40225 Haier America Attn: Michelangelo Troisi 1800 Valley Rd Wayne, NJ 07470 LG Electronics USA, Inc. Attn: John I. Taylor 2000 Millbrook Dr Lincolnshire, IL 60069 Miele, Inc. Attn: Steve Polinski 9 Independence Way Princeton, NJ 08450 Samsung Electronics America, Inc. Attn: Doug Czerwonka 85 Challenger Rd Ridgefield Park, NJ 07660 Versonel 180 Earland Drive Building #8 New Holland, PA 17557 Re: Petition for Waiver & Application for Interim Waiver Regarding Measurement of Energy Consumption of Residential Clothes Washers, Using 10 CFR part 430, subpart B, Appendix J2 Dear Madam or Sir: Whirlpool Corporation (``Whirlpool'') is submitting the enclosed Petition for Waiver and Application for Interim Waiver (pursuant to 10 CFR 430.27) to the US Department of Energy (``DOE''), relating to the Test Procedures for energy and water consumption of clothes washers. This letter provides notice to other known manufacturers of similar products. The DOE Assistant Secretary for Conservation and Renewable Energy will receive and consider timely written comments on the Petition for Waiver and Application for Interim Waiver. Any manufacturer submitting written comments should provide a copy to Whirlpool Corporation at the address shown below. Whirlpool Corporation Attn: Sean Southard Senior Analyst, Regulatory Affairs 2000 M-63 North, MD1604 Benton Harbor, MI 49022 Fax: 269/923-7258 Email: [email protected] [FR Doc. 2015-31623 Filed 12-15-15; 8:45 am] BILLING CODE 6450-01-P
![78208 Federal Register / Vol. 80, No. 241 / Wednesday, December 16, 2015 / Notices
program. The surveys will inform a On November 4, 2015, VELCO filed PLLC, 90 Prospect Street, P. O. Box 99,
study addressing issues and challenges an application with DOE requesting St. Johnsbury, VT 05819–0099,
regarding the implementation of TEACH DOE amend PP–82–3 by removing the jmarshall@drm.com.
Grants, which is being conducted in last sentence of Article 3’s preamble and Before a Presidential permit may be
response to a GAO audit addressing the paragraphs a through d of that article granted or amended, DOE must
high grant to loan conversion rate which establish operating conditions determine that the proposed action will
among TEACH grant recipients. and limitations that are no longer not adversely impact on the reliability
Dated: December 10, 2015. necessary for two reasons. First, VELCO of the U.S. electric power supply
asserts that it has made transmission system. In addition, DOE must consider
Tomakie Washington,
reinforcements to the Highgate the environmental impacts of the
Acting Director, Information Collection Transmission Interconnection (the proposed action (i.e., granting the
Clearance Division, Office of the Chief Privacy
‘‘Highgate Facilities’’) and other Presidential permit or amendment, with
Officer, Office of Management.
transmission facilities in northern any conditions and limitations, or
[FR Doc. 2015–31570 Filed 12–15–15; 8:45 am]
Vermont since 1994. Second, ISO New denying the permit) pursuant to the
BILLING CODE 4000–01–P National Environmental Policy Act of
England Inc. (‘‘ISO–NE’’), as the
Regional Transmission Organization 1969. DOE also must obtain the
(RTO) for the six-state New England concurrences of the Secretary of State
DEPARTMENT OF ENERGY region, manages real-time operation of and the Secretary of Defense before
[OE Docket No. PP–82–4] these facilities through its operating taking final action on a Presidential
procedures. permit application.
Application To Amend Presidential The international transmission Copies of this application will be
Permit; Vermont Electric Power facilities authorized by Presidential made available, upon request, for public
Company, Inc., as Agent for the Joint Permit No. PP–82, as amended, include inspection and copying at the address
Owners of the Highgate Project a back-to-back converter station in provided above. In addition, the
Highgate, VT and a 345 kilovolt (kV) application may be reviewed or
AGENCY: Office of Electricity Delivery transmission line extending downloaded electronically at http://
and Energy Reliability, DOE. approximately 7.5 miles from the energy.gov/oe/services/electricity-
ACTION: Notice of Application. converter station to the U.S.-Canada policy-coordination-and-
border in Franklin, VT. VELCO does not implementation/international-
SUMMARY: Vermont Electric Power propose to make any physical changes electricity-regulatio-2. Upon reaching
Company, Inc. (‘‘VELCO’’), as operating- to the Highgate Facilities but rather asks the home page, select ‘‘Pending
and-management agent for the Joint the Department to amend the permit to Applications.’’
Owners of the Highgate Transmission reflect the transmission-network
Interconnection (the ‘‘Highgate Joint Issued in Washington, DC, on December
reinforcements made since 1994 and the 10, 2015.
Owners’’) filed an application to amend role of ISO–NE., as the Regional Christopher A. Lawrence,
PP–82, issued on May 14, 1985 and Transmission Organization, in managing
amended on March 1, 1994, on Electricity Policy Analyst, Office of Electricity
the real-time operation of the Delivery and Energy Reliability.
September 3, 2003, and again on transmission system through its [FR Doc. 2015–31622 Filed 12–15–15; 8:45 am]
February 7, 2005. The application operating procedures. VELCO is also
requested that DOE remove certain BILLING CODE 6450–01–P
requesting several amendments to the
operating conditions in the Permit that Permit including changes to the
are no longer necessary. ownership of the Highgate Facilities and DEPARTMENT OF ENERGY
DATES: Comments or motions to a language change to Article 3 to better
intervene must be submitted on or reflect the way energy is scheduled and Office of Energy Efficiency and
before February 16, 2016. flows over the Highgate Facilities.1 Renewable Energy
ADDRESSES: Comments or motions to Procedural Matters: Any person may [Case No. CW–026]
intervene should be addressed as comment on this application by filing
follows: Office of Electricity Delivery such comment at the address provided Notice of Petition for Waiver of
and Energy Reliability (OE–20), U.S. above. Any person seeking to become a Whirlpool Corporation From the
Department of Energy, 1000 party to this proceeding must file a Department of Energy Clothes Washer
Independence Avenue SW., motion to intervene at the address Test Procedure, and Grant of Interim
Washington, DC 20585. provided above in accordance with Rule Waiver
FOR FURTHER INFORMATION CONTACT: 214 of FERC’s Rules of Practice and
Procedure (18 CFR 385.214). Two copies AGENCY: Office of Energy Efficiency and
Christopher Lawrence (Program Office)
of each comment or motion to intervene Renewable Energy, Department of
at 202–586–5260, or by email to
should be filed with DOE on or before Energy.
Christopher.Lawrence@hq.doe.gov, or
the date listed above. ACTION: Notice of petition for waiver,
Katherine Konieczny (Program
Attorney) at 202–586–0503. Additional copies of such motions to notice of grant of interim waiver, and
intervene also should be filed directly request for comments.
SUPPLEMENTARY INFORMATION: The
with: Mr. Christopher Root, Chief
construction, operation, maintenance, Operating Officer, Vermont Electric SUMMARY: This notice announces receipt
and connection of facilities at the Power Company, Inc., 366 Pinnacle of a petition for waiver from Whirlpool
tkelley on DSK9F6TC42PROD with NOTICES
international border of the United States Ridge Road, Rutland, VT 05701, Corporation (Whirlpool) seeking an
for the transmission of electric energy koneill@velco.com AND John H. exemption from specified portions of
between the United States and a foreign Marshall, Esq., Downs Rachlin Martin the U.S. Department of Energy (DOE)
country is prohibited in the absence of test procedure for determining the
a Presidential permit issued pursuant to 1 The amendment would replace the words energy consumption of residential
Executive Order (EO) 10485, as ‘‘maximum instantaneous rate of transmission’’ clothes washers. Whirlpool seeks to use
amended by EO 12038. with ‘‘scheduled rate of transmission.’’ an alternate test procedure to address
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![Federal Register / Vol. 80, No. 241 / Wednesday, December 16, 2015 / Notices 78213
approach that other manufacturers have Interim Waiver is desirable for public American jobs at our Clyde, OH
used in previous waiver petitions to policy reasons. manufacturing facility, and put us at a
extrapolate load sizes for container competitive disadvantage to competitors
a. Strong Likelihood That Waiver Will
volumes between 3.8 cubic feet and 6.0 that market washers larger than any
Be Granted
cubic feet, and modify Table 5.1 in models we currently offer.
Appendix J1.2 Whirlpool has provided strong Further, any denial for the Interim
evidence that the Waiver should be Waiver would not only impact our large
4. Regulatory Framework granted. A Petition for Waiver is capacity washer models listed in this
DOE’s regulations, found in 10 CFR appropriate because these large capacity petition, it would also impact the
part 430.27, provide that the Assistant washers with measured container matching dryers that would be sold with
Secretary will grant a Petition to a volumes above 6.0 cubic feet contain a these washers. The washers and dryers
manufacturer upon ‘‘determin[ation] design characteristic (container volumes are intended to be sold as a matching
that the basic model for which the beyond those listed in Table 5.1 of pair, with a dryer capacity in the dryer
waiver was requested contains a design Appendix J2) that prevents testing of that is optimized to be used with one of
characteristic which either prevents these models according to the Appendix our large capacity washers. If Whirlpool
testing of the basic model according to J2 test procedure. Also, using the is not granted the Interim Waiver, we
the prescribed test procedures, or the existing largest container volume listed would be forced to do two things: (i)
prescribed test procedures may evaluate in Table 5.1 of Appendix J2 (5.9–6.0 postpone the launch of these dryers
the basic model in a manner so cubic feet), would provided a tested until a waiver is granted for the
unrepresentative of its true energy energy consumption characteristic that
matching large capacity washers, or (ii)
consumption characteristics as to is unrepresentative of the true energy
sell large capacity dryers in the market
provide materially inaccurate consumption of the models.
Whirlpool has provided ample without a matching washer. If we
comparative data.’’ postpone the launch, this would be a
Whirlpool believes that this Petition information in this Petition for Waiver
and Application for Interim Waiver significant business disruption,
meets both conditions stated above for resulting in a multi-million dollar
when DOE will grant a Petition. First, explaining its rationale for using the
modified Table 5.1 found in Exhibit A. impact to the company and put
Table 5.1 of Appendix J2 defines test American jobs at risk at our Marion, OH
load sizes as linear functions of the Whirlpool has demonstrated that such a
modified Table is consistent with past manufacturing facility. If we sell these
container volume, but the Table only dryers in the market without their
lists basket volumes up to 6.0 cubic feet. waiver approaches that other
manufacturers have taken to receive matching washer, we would expect
As a result, Whirlpool’s new large significantly lower sales of the dryer
capacity residential washer basic DOE waivers for container volumes
between 3.8 cubic feet and 6.0 cubic feet than we would otherwise expect with
models listed above cannot be currently the matching washer on the market.
tested to the prescribed test procedure. before Table 5.1 in Appendix J1 was
recently revised. Most dryers are sold with a matching
Second, if Whirlpool were to test its washer, for various reasons, and many
large capacity residential washers listed b. Economic Hardship & Competitive consumers would not want to purchase
above to the current load sizes listed Disadvantage a non-matching washer and this dryer.
under the container volume limit of 5.9– In the absence of an Interim Waiver, There would also be unused capacity
6.0 cubic foot, the results of that energy Whirlpool will lack certainty as to and potentially wasted energy in the
and water test would be whether it can launch these large dryer, since its capacity is optimized to
unrepresentative of the true energy capacity washers into the market. As be used with the large capacity
consumption characteristics of these mentioned before, Whirlpool predicts matching washer.
new models by underestimating their strong consumer demand for these large
energy use. c. An Interim Waiver is Desirable for
capacity washers, and the inability to Public Policy Reasons
5. Other Manufacturers With Similar bring them to market through denial of
Design Characteristics an Interim Waiver will cause economic It would be desirable for public policy
hardship and competitive disadvantage reasons to grant immediate relief by
To the best of our knowledge, granting an Interim Waiver. It would
for Whirlpool.
Whirlpool is not aware of other There are long lead times and immediately make available to the
manufacturers offering residential significant expenses associated with the public the largest capacity residential
clothes washers with a measured design and manufacture of residential clothes washers available on the market.
container volume greater than or equal clothes washers. Compliance with For many consumers that purchase this
to 6.0 cubic feet. federally mandated energy and water washer, this would mean more clothing
6. Additional Justification For Interim consumption standards is a critical items that can be washed in a single
Waiver Application design factor for all of Whirlpool’s load. For those consumers that
washers. Any delay in obtaining clarity maximize the clothes washer capacity,
Granting of an Interim Waiver is this equates to fewer loads per year,
on this issue will require Whirlpool to
justified in this case because: (i) which is less water and energy use
postpone key decisions regarding its
Whirlpool has provided strong evidence compared to the alternative of smaller
investments to build, launch, and
that demonstrates the likelihood of the and more frequent loads.
market these washers, and/or require
granting of the Petition for Waiver; (ii)
Whirlpool to implement costly Not granting the waiver would also
Whirlpool will suffer significant
tkelley on DSK9F6TC42PROD with NOTICES
contingency plans. In the event this potentially put U.S. jobs at our
economic hardship and competitive
Waiver request is not approved, manufacturing facilities in Clyde, OH
disadvantage if this Interim Waiver
Whirlpool would not be able to move and Marion, OH at risk, if Whirlpool
Application is not granted; and (iii) an
forward with the launch of these cannot launch these large capacity
2 See Federal Register/Vol. 76, No. 246/79666– models, which would be a multi-million washers and dryers. Whirlpool employs
79669 and Federal Register/Vol. 75, No. 219/69653– dollar impact to the company, 3,000 people at the washer
69655 potentially result in the loss of manufacturing facility in Clyde, OH and
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![Federal Register / Vol. 80, No. 241 / Wednesday, December 16, 2015 / Notices 78215
EXHIBIT A: MODIFIED TABLE 5.1—TEST LOAD SIZES—10 CFR 430, SUBPART B, APPENDIX J2—Continued
Container volume Minimum load Maximum load Average load
cu. ft. liter lb kg lb kg lb kg
≥< ≥<
6.30–6.40 ............... 178.4–181.2 3.00 1.36 26.00 11.79 14.50 6.58
6.40–6.50 ............... 181.2–184.1 3.00 1.36 26.40 11.97 14.70 6.67
6.50–6.60 ............... 184.1–186.9 3.00 1.36 26.90 12.20 15.10 6.85
6.60–6.70 ............... 186.9–189.7 3.00 1.36 27.30 12.38 15.30 6.94
6.70–6.80 ............... 189.7–192.6 3.00 1.36 27.70 12.56 15.50 7.03
6.80–6.90 ............... 192.6–195.4 3.00 1.36 28.10 12.75 15.70 7.12
6.90–7.00 ............... 195.4–198.2 3.00 1.36 28.50 12.93 15.90 7.21
7.00–7.10 ............... 198.2–201.0 3.00 1.36 28.90 13.11 16.10 7.30
7.10–7.20 ............... 201.0–203.9 3.00 1.36 29.30 13.29 16.30 7.39
7.20–7.30 ............... 203.9–206.7 3.00 1.36 29.70 13.47 16.50 7.48
7.30–7.40 ............... 206.7–209.5 3.00 1.36 30.10 13.65 16.70 7.57
7.40–7.50 ............... 209.5–212.4 3.00 1.36 30.50 13.83 16.90 7.67
7.50–7.60 ............... 212.4–215.2 3.00 1.36 31.00 14.06 17.30 7.85
7.60–7.70 ............... 215.2–218.0 3.00 1.36 31.40 14.24 17.50 7.94
7.70–7.80 ............... 218.0–220.9 3.00 1.36 31.80 14.42 17.70 8.03
7.80–7.90 ............... 220.9–223.7 3.00 1.36 32.20 14.61 17.90 8.12
7.90–8.00 ............... 223.7–226.5 3.00 1.36 32.60 14.79 18.10 8.21
Exhibit B: Notice to Manufacturers Attn: Michelangelo Troisi Whirlpool Corporation
1800 Valley Rd Attn: Sean Southard
November 9, 2015 Senior Analyst, Regulatory Affairs
Wayne, NJ 07470
Alliance Laundry Systems, LLC 2000 M–63 North, MD1604
LG Electronics USA, Inc.
Attn: Andrew Huerth Benton Harbor, MI 49022
Attn: John I. Taylor
PO Box 990 Fax: 269/923–7258
2000 Millbrook Dr
Shepard Street Ripon, WI 54971 Email: sean_m_southard@
Lincolnshire, IL 60069
Association of Home Appliance whirlpool.com
Miele, Inc.
Manufacturers Attn: Steve Polinski [FR Doc. 2015–31623 Filed 12–15–15; 8:45 am]
Attn: Jennifer Cleary 9 Independence Way BILLING CODE 6450–01–P
1111 19th Street NW., Suite 402 Princeton, NJ 08450
Washington, DC 20036
Samsung Electronics America, Inc. DEPARTMENT OF ENERGY
Arcelik A.S. Attn: Doug Czerwonka
Attn: Salih Zeki Bugay 85 Challenger Rd Office of Energy Efficiency and
125 W Tremont Ave #1134 Ridgefield Park, NJ 07660 Renewable Energy
Charlotte, NC 28203
Versonel
Asko Appliances AB 180 Earland Drive Guidance and Application for
Attn: Jonas Lidberg Building #8 Hydroelectric Incentive Payments
Socerbruksgatan 3SE–531 40 New Holland, PA 17557
Lidköping, Sweden AGENCY: Wind and Water Power
Re: Petition for Waiver & Application Program, Office of Energy Efficiency and
Avanti Products for Interim Waiver Regarding Renewable Energy, Department of
10880 NW 30th Street Measurement of Energy Consumption of Energy.
Miami, FL 33172 Residential Clothes Washers, Using 10 ACTION: Notice of availability of
Bosch Home Appliances Corporation CFR part 430, subpart B, Appendix J2 guidance and open application period.
Attn: Michelle Buranday Dear Madam or Sir:
1901 Main St Whirlpool Corporation (‘‘Whirlpool’’) SUMMARY: The U.S. Department of
Irvine, CA 92614 is submitting the enclosed Petition for Energy (DOE) is publishing Guidance
Danby Products, Inc. Waiver and Application for Interim for the Energy Policy Act of 2005
PO Box 669 Waiver (pursuant to 10 CFR 430.27) to Section 242 Program. The guidance
Findlay, OH 45839–0669 the US Department of Energy (‘‘DOE’’), describes the hydroelectric incentive
Electrolux Home Products relating to the Test Procedures for payment requirements and explains the
Attn: George Hawranko energy and water consumption of type of information that owners or
10200 David Taylor Dr Rm TKY435 clothes washers. This letter provides authorized operators of qualified
Charlotte, NC 28262 notice to other known manufacturers of hydroelectric facilities can provide DOE
similar products. The DOE Assistant when applying for hydroelectric
Fisher & Paykel Appliances Inc. Secretary for Conservation and incentive payments. This incentive is
Attn: Laurence Mawhinney Renewable Energy will receive and available for electric energy generated
695 Town Center Dr Ste 180
tkelley on DSK9F6TC42PROD with NOTICES
consider timely written comments on and sold for a specified 10-year period
Costa Mesa, CA 92626 the Petition for Waiver and Application as authorized under section 242 of the
General Electric Company for Interim Waiver. Any manufacturer Energy Policy Act of 2005. In
Attn: Earl F. Jones submitting written comments should Congressional appropriations for
4000 Buechel Bank Road AP2–225 provide a copy to Whirlpool Federal fiscal year 2015, DOE received
Louisville, KY 40225 Corporation at the address shown funds to support this hydroelectric
Haier America below. incentive program for the first time. At
VerDate Sep<11>2014 17:21 Dec 15, 2015 Jkt 238001 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1](https://thefederalregister.org/doc/80_FR_78449/page/8.svg)
Document Created: 2015-12-16 01:01:15
Document Modified: 2015-12-16 01:01:15
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of petition for waiver, notice of grant of interim waiver, and request for comments. | |
| Dates | DOE will accept comments, data, and information with respect to the Whirlpool petition until January 15, 2016. | |
| Contact | Mr. Bryan Berringer, U.S. Department of Energy, Building Technologies Program, Mail Stop EE-5B, Forrestal Building, 1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 586-0371. Email: [email protected] | |
| FR Citation | 80 FR 78208 |
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