81_FR_26299 81 FR 26215 - Energy Conservation Program for Consumer Products: Decision and Order Granting a Waiver to Whirlpool From the Department of Energy Residential Clothes Washer Test Procedure

81 FR 26215 - Energy Conservation Program for Consumer Products: Decision and Order Granting a Waiver to Whirlpool From the Department of Energy Residential Clothes Washer Test Procedure

DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy

Federal Register Volume 81, Issue 84 (May 2, 2016)

Page Range26215-26217
FR Document2016-10209

The U.S. Department of Energy (DOE) gives notice of a decision and order (Case No. CW-026) that grants to Whirlpool Corporation (Whirlpool) a waiver from the DOE clothes washer test procedure for determining the energy consumption of clothes washers. Under this decision and order, Whirlpool is required to test and rate its clothes washers with clothes containers greater than 6.0 cubic feet using an alternate test procedure that takes this larger capacity into account when measuring energy consumption.

Federal Register, Volume 81 Issue 84 (Monday, May 2, 2016)
[Federal Register Volume 81, Number 84 (Monday, May 2, 2016)]
[Notices]
[Pages 26215-26217]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-10209]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. CW-026]


Energy Conservation Program for Consumer Products: Decision and 
Order Granting a Waiver to Whirlpool 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.

-----------------------------------------------------------------------

SUMMARY: The U.S. Department of Energy (DOE) gives notice of a decision 
and order (Case No. CW-026) that grants to Whirlpool Corporation 
(Whirlpool) a waiver from the DOE clothes washer test procedure for 
determining the energy consumption of clothes washers. Under this 
decision and order, Whirlpool is required to test and rate its clothes 
washers with clothes containers greater than 6.0 cubic feet using an 
alternate test procedure that takes this larger capacity into account 
when measuring energy consumption.

DATES: This Decision and Order is effective May 2, 2016.

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: In accordance with Title 10 of the Code of 
Federal Regulations (10 CFR 430.27(f)(2)), DOE gives notice of the 
issuance of its decision and order as set forth below. The decision and 
order grants Whirlpool a waiver from the applicable clothes washer test 
procedure in 10 CFR part 430, subpart B, appendix J2 for certain basic 
models of clothes washers with capacities greater than 6.0 cubic feet, 
provided that Whirlpool tests and rates such products using the 
alternate test procedure described in this notice. Whirlpool's 
representations concerning the energy efficiency of these products must 
be based on testing consistent with the provisions and restrictions in 
the

[[Page 26216]]

alternate test procedure set forth in the decision and order below, and 
the representations must 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).
    Not later than July 1, 2016, any manufacturer currently 
distributing in commerce in the United States a residential clothes 
washer with a capacity larger than 6.0 cubic feet must submit a 
petition for waiver pursuant to the requirements of this section. 
Manufacturers not currently distributing such products in commerce in 
the United States must petition for and be granted a waiver prior to 
distribution in commerce in the United States. Manufacturers may also 
submit a request for interim waiver pursuant to the requirements of 10 
CFR 430.27.

    Issued in Washington, DC, on April 26, 2016.
 Kathleen Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

Decision and Order

    In the Matter of: Whirlpool Corporation (Case No. CW-026)

I. Background and Authority

    Title III, Part B of the Energy Policy and Conservation Act of 1975 
(EPCA) (42 U.S.C. 6291-6309) established the Energy Conservation 
Program for Consumer Products Other Than Automobiles, a program 
covering most major household appliances, including the residential 
clothes washers.\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 measuring 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 
residential clothes washers is contained in 10 CFR part 430, subpart B, 
appendix J2.
---------------------------------------------------------------------------

    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part B was re-designated Part A.
---------------------------------------------------------------------------

    The regulations set forth in 10 CFR 430.27 enable a person to seek 
a waiver from the test procedure requirements for covered products. DOE 
will grant a waiver if DOE determines that the basic model for which 
the petition for waiver was submitted contains one or more design 
characteristics that prevents testing of the basic model according to 
the prescribed test procedures, or if 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. 10 CFR 430.27(f)(2). DOE may grant the 
waiver subject to conditions, including adherence to alternate test 
procedures. 10 CFR 430.27(f)(2).

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

    On November 9, 2015, Whirlpool submitted a petition for waiver from 
the DOE test procedure applicable to automatic and semi-automatic 
clothes washers as 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 sought a waiver for the specified 
basic models, which have capacities greater than 6.0 cubic feet, as the 
current DOE test procedure specifies test load sizes only for machines 
with capacities up to 6.0 cubic feet. (See 77 FR 13888, Mar. 7, 2012; 
the ``March 2012 Final Rule'')
    Table 5.1 of Appendix J2 defines the test load sizes used in the 
test procedure as linear functions of the basket volume. Whirlpool 
requested that DOE grant a waiver for testing and rating based on a 
revised Table 5.1. Whirlpool also requested an interim waiver from the 
existing DOE test procedure, which DOE granted. See 80 FR at 78208. 
After reviewing the alternate procedure suggested by Whirlpool, DOE 
granted the interim waiver because DOE concluded that it would allow 
for the accurate measurement of the energy use of these products, while 
alleviating the testing problems associated with testing clothes 
washers with capacities greater than 6.0 cubic feet.
    Whirlpool's petition was published in the Federal Register on 
December 16, 2015. 80 FR 78208. DOE received one comment on the 
Whirlpool petition filed jointly by the Appliance Standards Awareness 
Project (ASAP), Alliance to Save Energy (ASE), American Council for an 
Energy-Efficient Economy (ACEEE), Natural Resources Defense Council 
(NRDC), and Northwest Energy Efficiency Alliance (NEEA) (hereinafter 
the ``Joint Commenters''). The Joint Commenters did not object to 
manufacturers being able to test and certify clothes washers with 
capacities greater than 6.0 cu. ft. They reiterated concerns raised in 
the rulemaking that culminated in the March 2012 Final Rule, however, 
regarding a potential bias in the test procedure towards large capacity 
washers, and asserted that these concerns would be exacerbated with a 
further extension of Table 5.1 of appendix J2 up to 8.0 cu. ft. (Joint 
Commenters, No. 2 at p. 1) \2\
---------------------------------------------------------------------------

    \2\ A notation in the form ``Joint Commenters, No. 2 at p. 1'' 
identifies a written comment: (1) Made by the ASAP, ASE, ACEEE, 
NRDC, and NEEA (hereinafter the ``Joint Commenters''); (2) recorded 
in document number 2 that is filed in the docket of this waiver 
(Docket No. EERE-2015- BT-WAV-0020) and available for review at 
www.regulations.gov; and (3) which appears on page 1 of document 
number 2.
---------------------------------------------------------------------------

    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.
    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 represents the best 
possible approach for determining load size for large capacity washers. 
DOE will continue to evaluate the possibility of a bias in the test 
procedure with respect to large capacity washers in the next revision 
to the DOE test procedure in appendix J2. In addition, DOE determines 
that testing a basic model with a capacity larger than 6.0 cubic feet 
using the current procedure at Appendix J2 could evaluate the basic 
models in a manner so unrepresentative of their true energy consumption 
as to provide materially inaccurate comparative data.

III. Consultations With Other Agencies

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

IV. Order

    After careful consideration of all the material that was submitted 
by Whirlpool and the Joint Commenters, the testing and analysis 
conducted for the March 2012 Final Rule, and

[[Page 26217]]

consultation with the FTC staff, in accordance with 10 CFR 430.27, it 
is ORDERED that:
    (1) The petition for waiver submitted by the Whirlpool Corporation 
(Case No. CW-026) is hereby granted as set forth in the paragraphs 
below.
    (2) Whirlpool must test and rate the Whirlpool basic models 
specified in paragraph (3) on the basis of the current test procedure 
contained in 10 CFR part 430, subpart B, appendix J2, except that Table 
5.1 of appendix J2 is supplemented by the following additional rows:

                                                         Table 5.1--Test Load Sizes--Supplement
--------------------------------------------------------------------------------------------------------------------------------------------------------
                    Container volume                               Minimum load                    Maximum load                    Average load
--------------------------------------------------------------------------------------------------------------------------------------------------------
           cu. ft. >= <                  liter >= <             lb              kg              lb              kg              lb              Kg
--------------------------------------------------------------------------------------------------------------------------------------------------------
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
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (3) This order applies only to the following three basic models: 
V15EAg50(3B); V15EBg50(3B); and V15ECg50(3B).
    (5) This waiver shall remain in effect consistent with the 
provisions of 10 CFR 430.27.

     Issued in Washington, DC, on April 26, 2016.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.
[FR Doc. 2016-10209 Filed 4-29-16; 8:45 am]
BILLING CODE 6450-01-P



                                                                                 Federal Register / Vol. 81, No. 84 / Monday, May 2, 2016 / Notices                                             26215

                                                SUPPLEMENTARY INFORMATION:      The                        The public comment period for this                 DEPARTMENT OF ENERGY
                                                President’s Council of Advisors on                      meeting will take place on May 20, 2016
                                                Science and Technology (PCAST) is an                    at a time specified in the meeting                    Office of Energy Efficiency and
                                                advisory group of the nation’s leading                  agenda posted on the PCAST Web site                   Renewable Energy
                                                scientists and engineers, appointed by                  at http://whitehouse.gov/ostp/pcast.                  [Case No. CW–026]
                                                the President to augment the science                    This public comment period is designed
                                                and technology advice available to him                  only for substantive commentary on                    Energy Conservation Program for
                                                from inside the White House, cabinet                    PCAST’s work, not for business                        Consumer Products: Decision and
                                                departments, and other Federal                          marketing purposes.                                   Order Granting a Waiver to Whirlpool
                                                agencies. See the Executive Order at                                                                          From the Department of Energy
                                                http://www.whitehouse.gov/ostp/pcast.                      Oral Comments: To be considered for
                                                                                                                                                              Residential Clothes Washer Test
                                                PCAST is consulted about and provides                   the public speaker list at the meeting,
                                                                                                                                                              Procedure
                                                analyses and recommendations                            interested parties should register to
                                                concerning a wide range of issues where                 speak at http://whitehouse.gov/ostp/                  AGENCY: Office of Energy Efficiency and
                                                understandings from the domains of                      pcast, no later than 12:00 p.m. Eastern               Renewable Energy, Department of
                                                science, technology, and innovation                     Time on May 18, 2016. Phone or email                  Energy.
                                                may bear on the policy choices before                   reservations will not be accepted. To                 ACTION: Decision and order.
                                                the President. PCAST is co-chaired by                   accommodate as many speakers as
                                                Dr. John P. Holdren, Assistant to the                   possible, the time for public comments                SUMMARY:   The U.S. Department of
                                                President for Science and Technology,                   will be limited to two (2) minutes per                Energy (DOE) gives notice of a decision
                                                and Director, Office of Science and                     person, with a total public comment                   and order (Case No. CW–026) that grants
                                                Technology Policy, Executive Office of                  period of up to 15 minutes. If more                   to Whirlpool Corporation (Whirlpool) a
                                                the President, The White House; and Dr.                                                                       waiver from the DOE clothes washer test
                                                                                                        speakers register than there is space
                                                Eric S. Lander, President, Broad                                                                              procedure for determining the energy
                                                                                                        available on the agenda, PCAST will
                                                Institute of the Massachusetts Institute                                                                      consumption of clothes washers. Under
                                                                                                        randomly select speakers from among                   this decision and order, Whirlpool is
                                                of Technology and Harvard.                              those who applied. Those not selected
                                                   Type of Meeting: Open and Closed.                                                                          required to test and rate its clothes
                                                                                                        to present oral comments may always                   washers with clothes containers greater
                                                   Proposed Schedule and Agenda: The                    file written comments with the
                                                President’s Council of Advisors on                                                                            than 6.0 cubic feet using an alternate
                                                                                                        committee. Speakers are requested to                  test procedure that takes this larger
                                                Science and Technology (PCAST) is                       bring at least 25 copies of their oral
                                                scheduled to meet in open session on                                                                          capacity into account when measuring
                                                                                                        comments for distribution to the PCAST                energy consumption.
                                                May 20, 2016 from 9:00 a.m. to 12:00                    members.
                                                p.m.                                                                                                          DATES: This Decision and Order is
                                                   Open Portion of Meeting: During this                    Written Comments: Although written                 effective May 2, 2016.
                                                open meeting, PCAST is scheduled to                     comments are accepted continuously,                   FOR FURTHER INFORMATION CONTACT:
                                                discuss its current study on forensics.                 written comments should be submitted                     Mr. Bryan Berringer, U.S. Department
                                                They will also hear from speakers who                   to PCAST no later than 12:00 p.m.                     of Energy, Building Technologies
                                                will remark on near earth objects and                   Eastern Time on May 18, 2016 so that                  Program, Mail Stop EE–5B, Forrestal
                                                who will talk about cryptocurrencies.                   the comments may be made available to                 Building, 1000 Independence Avenue
                                                They will announce their new study on                   the PCAST members prior to this                       SW., Washington, DC 20585–0121.
                                                science and technology for drinking-                    meeting for their consideration.                      Telephone: (202) 586–0371. Email:
                                                water safety. Additional information                    Information regarding how to submit                   Bryan.Berringer@ee.doe.gov.
                                                and the agenda, including any changes                   comments and documents to PCAST is                       Ms. Elizabeth Kohl, U.S. Department
                                                that arise, will be posted at the PCAST                 available at http://whitehouse.gov/ostp/              of Energy, Office of the General Counsel,
                                                Web site at: http://whitehouse.gov/ostp/                pcast in the section entitled ‘‘Connect               Mail Stop GC–33, Forrestal Building,
                                                pcast.                                                  with PCAST.’’                                         1000 Independence Avenue SW.,
                                                   Closed Portion of the Meeting: PCAST                                                                       Washington, DC 20585–0103.
                                                                                                           Please note that because PCAST
                                                may hold a closed meeting of                                                                                  Telephone: (202) 586–7796. Email:
                                                                                                        operates under the provisions of FACA,
                                                approximately one hour with the                                                                               Elizabeth.Kohl@hq.doe.gov.
                                                                                                        all public comments and/or
                                                President on May 20, 2016, which must                   presentations will be treated as public               SUPPLEMENTARY INFORMATION: In
                                                take place in the White House for the                                                                         accordance with Title 10 of the Code of
                                                                                                        documents and will be made available
                                                President’s scheduling convenience and                                                                        Federal Regulations (10 CFR
                                                                                                        for public inspection, including being
                                                to maintain Secret Service protection.                                                                        430.27(f)(2)), DOE gives notice of the
                                                                                                        posted on the PCAST Web site.
                                                Both meetings will be closed to the                                                                           issuance of its decision and order as set
                                                public because such portion of the                         Meeting Accommodations:                            forth below. The decision and order
                                                meeting is likely to disclose matters that              Individuals requiring special                         grants Whirlpool a waiver from the
                                                are to be kept secret in the interest of                accommodation to access this public                   applicable clothes washer test
                                                national defense or foreign policy under                meeting should contact Ms. Jennifer                   procedure in 10 CFR part 430, subpart
                                                5 U.S.C. 552b(c)(1).                                    Michael at least ten business days prior              B, appendix J2 for certain basic models
                                                   Public Comments: It is the policy of                 to the meeting so that appropriate                    of clothes washers with capacities
                                                the PCAST to accept written public                      arrangements can be made.                             greater than 6.0 cubic feet, provided that
srobinson on DSK5SPTVN1PROD with NOTICES




                                                comments of any length, and to                            Issued in Washington, DC, on April 26,              Whirlpool tests and rates such products
                                                accommodate oral public comments                        2016.                                                 using the alternate test procedure
                                                whenever possible. The PCAST expects                                                                          described in this notice. Whirlpool’s
                                                                                                        LaTanya R. Butler,
                                                that public statements presented at its                                                                       representations concerning the energy
                                                meetings will not be repetitive of                      Deputy Committee Management Officer.                  efficiency of these products must be
                                                previously submitted oral or written                    [FR Doc. 2016–10208 Filed 4–29–16; 8:45 am]           based on testing consistent with the
                                                statements.                                             BILLING CODE 6450–01–P                                provisions and restrictions in the


                                           VerDate Sep<11>2014   20:30 Apr 29, 2016   Jkt 238001   PO 00000   Frm 00018   Fmt 4703   Sfmt 4703   E:\FR\FM\02MYN1.SGM   02MYN1


                                                26216                             Federal Register / Vol. 81, No. 84 / Monday, May 2, 2016 / Notices

                                                alternate test procedure set forth in the               testing of the basic model according to               culminated in the March 2012 Final
                                                decision and order below, and the                       the prescribed test procedures, or if the             Rule, however, regarding a potential
                                                representations must fairly disclose the                prescribed test procedures may evaluate               bias in the test procedure towards large
                                                test results. Distributors, retailers, and              the basic model in a manner so                        capacity washers, and asserted that
                                                private labelers are held to the same                   unrepresentative of its true energy                   these concerns would be exacerbated
                                                standard when making representations                    consumption characteristics as to                     with a further extension of Table 5.1 of
                                                regarding the energy efficiency of these                provide materially inaccurate                         appendix J2 up to 8.0 cu. ft. (Joint
                                                products. 42 U.S.C. 6293(c).                            comparative data. 10 CFR 430.27(f)(2).                Commenters, No. 2 at p. 1) 2
                                                   Not later than July 1, 2016, any                     DOE may grant the waiver subject to                      DOE granted a waiver to Whirlpool
                                                manufacturer currently distributing in                  conditions, including adherence to                    for a similar request under Decision and
                                                commerce in the United States a                         alternate test procedures. 10 CFR                     Order (75 FR 69653, Nov. 15, 2010) to
                                                residential clothes washer with a                       430.27(f)(2).                                         allow for the testing of clothes washers
                                                capacity larger than 6.0 cubic feet must                                                                      with container volumes between 3.8
                                                submit a petition for waiver pursuant to                II. Whirlpool’s Petition for Waiver:                  cubic feet and 6.0 cubic feet. In addition
                                                                                                        Assertions and Determinations                         to the previous waiver granted to
                                                the requirements of this section.
                                                Manufacturers not currently distributing                   On November 9, 2015, Whirlpool                     Whirlpool, DOE granted waivers to LG
                                                such products in commerce in the                        submitted a petition for waiver from the              (CW–016 (76 FR 11233, Mar. 1, 2011),
                                                United States must petition for and be                  DOE test procedure applicable to                      CW–018 (76 FR 21879, Apr. 19, 2011),
                                                granted a waiver prior to distribution in               automatic and semi-automatic clothes                  and CW–021 (76 FR 64330, Oct. 18,
                                                commerce in the United States.                          washers as set forth in 10 CFR part 430,              2011); General Electric (75 FR 76968,
                                                Manufacturers may also submit a                         subpart B, appendix J2. Whirlpool                     Dec. 10, 2010), Samsung (76 FR 13169,
                                                request for interim waiver pursuant to                  requested the waiver because the mass                 Mar. 10, 2011); 76 FR 50207, Aug. 12,
                                                the requirements of 10 CFR 430.27.                      of the test load used in the procedure,               2011), and Electrolux (76 FR 11440,
                                                                                                        which is based on the basket volume of                Mar. 2, 2011) to allow for the testing of
                                                  Issued in Washington, DC, on April 26,
                                                2016.                                                   the test unit, is currently not defined for           clothes washers with container volumes
                                                                                                        basket sizes greater than 6.0 cubic feet.             between 3.8 cubic feet and 6.0 cubic
                                                Kathleen Hogan,
                                                                                                        In its petition, Whirlpool sought a                   feet.
                                                Deputy Assistant Secretary for Energy
                                                                                                        waiver for the specified basic models,                   For the reasons set forth in DOE’s
                                                Efficiency, Energy Efficiency and Renewable
                                                Energy.                                                 which have capacities greater than 6.0                March 2012 Final Rule, DOE concludes
                                                                                                        cubic feet, as the current DOE test                   that extending the linear relationship
                                                Decision and Order                                      procedure specifies test load sizes only              between test load size and container
                                                  In the Matter of: Whirlpool                           for machines with capacities up to 6.0                capacity to larger capacities represents
                                                Corporation (Case No. CW–026)                           cubic feet. (See 77 FR 13888, Mar. 7,                 the best possible approach for
                                                                                                        2012; the ‘‘March 2012 Final Rule’’)                  determining load size for large capacity
                                                I. Background and Authority                                Table 5.1 of Appendix J2 defines the               washers. DOE will continue to evaluate
                                                   Title III, Part B of the Energy Policy               test load sizes used in the test procedure            the possibility of a bias in the test
                                                and Conservation Act of 1975 (EPCA)                     as linear functions of the basket volume.             procedure with respect to large capacity
                                                (42 U.S.C. 6291–6309) established the                   Whirlpool requested that DOE grant a                  washers in the next revision to the DOE
                                                Energy Conservation Program for                         waiver for testing and rating based on a              test procedure in appendix J2. In
                                                Consumer Products Other Than                            revised Table 5.1. Whirlpool also                     addition, DOE determines that testing a
                                                Automobiles, a program covering most                    requested an interim waiver from the                  basic model with a capacity larger than
                                                major household appliances, including                   existing DOE test procedure, which DOE                6.0 cubic feet using the current
                                                the residential clothes washers.1 Part B                granted. See 80 FR at 78208. After                    procedure at Appendix J2 could
                                                includes definitions, test procedures,                  reviewing the alternate procedure                     evaluate the basic models in a manner
                                                labeling provisions, energy conservation                suggested by Whirlpool, DOE granted                   so unrepresentative of their true energy
                                                standards, and the authority to require                 the interim waiver because DOE                        consumption as to provide materially
                                                information and reports from                            concluded that it would allow for the                 inaccurate comparative data.
                                                manufacturers. Further, Part B                          accurate measurement of the energy use
                                                                                                        of these products, while alleviating the              III. Consultations With Other Agencies
                                                authorizes the Secretary of Energy to
                                                prescribe test procedures that are                      testing problems associated with testing                 DOE consulted with the Federal Trade
                                                reasonably designed to produce results                  clothes washers with capacities greater               Commission (FTC) staff concerning the
                                                measuring energy efficiency, energy use,                than 6.0 cubic feet.                                  Whirlpool petition for waiver. The FTC
                                                or estimated operating costs, and that                     Whirlpool’s petition was published in              staff did not have any objections to
                                                are not unduly burdensome to conduct.                   the Federal Register on December 16,                  granting a waiver to Whirlpool.
                                                (42 U.S.C. 6293(b)(3)) The test                         2015. 80 FR 78208. DOE received one                   IV. Order
                                                procedure for residential clothes                       comment on the Whirlpool petition
                                                                                                        filed jointly by the Appliance Standards                After careful consideration of all the
                                                washers is contained in 10 CFR part                                                                           material that was submitted by
                                                430, subpart B, appendix J2.                            Awareness Project (ASAP), Alliance to
                                                                                                        Save Energy (ASE), American Council                   Whirlpool and the Joint Commenters,
                                                   The regulations set forth in 10 CFR
                                                                                                        for an Energy-Efficient Economy                       the testing and analysis conducted for
                                                430.27 enable a person to seek a waiver
                                                                                                        (ACEEE), Natural Resources Defense                    the March 2012 Final Rule, and
                                                from the test procedure requirements for
                                                                                                        Council (NRDC), and Northwest Energy
srobinson on DSK5SPTVN1PROD with NOTICES




                                                covered products. DOE will grant a                                                                              2 A notation in the form ‘‘Joint Commenters, No.
                                                waiver if DOE determines that the basic                 Efficiency Alliance (NEEA) (hereinafter
                                                                                                                                                              2 at p. 1’’ identifies a written comment: (1) Made
                                                model for which the petition for waiver                 the ‘‘Joint Commenters’’). The Joint                  by the ASAP, ASE, ACEEE, NRDC, and NEEA
                                                was submitted contains one or more                      Commenters did not object to                          (hereinafter the ‘‘Joint Commenters’’); (2) recorded
                                                                                                        manufacturers being able to test and                  in document number 2 that is filed in the docket
                                                design characteristics that prevents                                                                          of this waiver (Docket No. EERE–2015– BT–WAV–
                                                                                                        certify clothes washers with capacities               0020) and available for review at
                                                  1 For editorial reasons, upon codification in the     greater than 6.0 cu. ft. They reiterated              www.regulations.gov; and (3) which appears on
                                                U.S. Code, Part B was re-designated Part A.             concerns raised in the rulemaking that                page 1 of document number 2.



                                           VerDate Sep<11>2014   20:30 Apr 29, 2016   Jkt 238001   PO 00000   Frm 00019   Fmt 4703   Sfmt 4703   E:\FR\FM\02MYN1.SGM   02MYN1


                                                                                   Federal Register / Vol. 81, No. 84 / Monday, May 2, 2016 / Notices                                                           26217

                                                consultation with the FTC staff, in                           CW–026) is hereby granted as set forth                    test procedure contained in 10 CFR part
                                                accordance with 10 CFR 430.27, it is                          in the paragraphs below.                                  430, subpart B, appendix J2, except that
                                                ORDERED that:                                                   (2) Whirlpool must test and rate the                    Table 5.1 of appendix J2 is
                                                  (1) The petition for waiver submitted                       Whirlpool basic models specified in                       supplemented by the following
                                                by the Whirlpool Corporation (Case No.                        paragraph (3) on the basis of the current                 additional rows:

                                                                                                          TABLE 5.1—TEST LOAD SIZES—SUPPLEMENT
                                                             Container volume                                          Minimum load                            Maximum load                      Average load

                                                       cu. ft.                      liter                         lb                  kg                  lb                  kg            lb                  Kg
                                                        ≥<                          ≥<

                                                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



                                                  (3) This order applies only to the                          The Commission and Commission staff                       • November 2, 2016—(Audubon, PA)
                                                following three basic models:                                 may attend the following meetings:                        • December 14, 2016—(Audubon, PA)
                                                V15EAg50(3B); V15EBg50(3B); and                                                                                           The discussions at each of the
                                                                                                              PJM Members Committee
                                                V15ECg50(3B).                                                                                                           meetings described above may address
                                                  (5) This waiver shall remain in effect                      •     April 28, 2016—(Wilmington, DE)                     matters at issue in pending proceedings
                                                consistent with the provisions of 10 CFR                      •     May 17–19, 2016—(Cambridge, MD)                     before the Commission, including the
                                                430.27.                                                       •     June 30, 2016—(Wilmington, DE)                      following currently pending
                                                  Issued in Washington, DC, on April 26,
                                                                                                              •     July 28, 2016—(TBD)                                 proceedings:
                                                2016.                                                         •     September 29, 2016—(TBD)                            Docket No. EL05–121, PJM
                                                                                                              •     October 27, 2016—(TBD)                                Interconnection, L.L.C.
                                                Kathleen B. Hogan,
                                                                                                              •     November 17, 2016—(TBD)                             Docket No. EL08–14, Black Oak Energy
                                                Deputy Assistant Secretary for Energy
                                                Efficiency, Energy Efficiency and Renewable                   PJM Markets and Reliability Committee                       LLC, et al., v. FERC
                                                Energy.                                                                                                                 Docket No. ER11–1844, Midwest
                                                                                                              •     April 28, 2016—(Wilmington, DE)
                                                                                                                                                                          Independent Transmission System
                                                [FR Doc. 2016–10209 Filed 4–29–16; 8:45 am]
                                                                                                              •     May 26, 2016—(Wilmington, DE)
                                                                                                                                                                          Operator, Inc.
                                                BILLING CODE 6450–01–P                                        •     June 30, 2016—(Wilmington, DE)
                                                                                                                                                                        Docket Nos. AD12–1 and ER11–4081,
                                                                                                              •     July 28, 2016—(TBD)
                                                                                                                                                                          Midwest Independent Transmission
                                                                                                              •     August 25, 2016—(TBD)
                                                DEPARTMENT OF ENERGY                                          •     September 29, 2016—(TBD)                              System Operator, Inc.
                                                                                                              •     October 27, 2016—(TBD)                              Docket No. EL12–54, Viridity Energy,
                                                Federal Energy Regulatory                                                                                                 Inc. v. PJM Interconnection, L.L.C.
                                                                                                              •     November 17, 2016—(TBD)
                                                Commission                                                                                                              Docket No. EL13–88, Northern Indiana
                                                                                                              •     December 22, 2016—(TBD)
                                                                                                                                                                          Public Service Company v.
                                                Notice of Attendance at PJM                                   PJM Market Implementation Committee                         Midcontinent Independent System
                                                Interconnection, L.L.C. Meetings                                                                                          Operator, Inc. and PJM
                                                                                                              •     May 11, 2016—(Audubon, PA)
                                                  The Federal Energy Regulatory                               •     June 8, 2016—(Audubon, PA)                            Interconnection, L.L.C.
                                                Commission (Commission) hereby gives                          •     July 13, 2016—(Audubon, PA)                         Docket No. ER13–90, Public Service
                                                notice that members of the Commission                         •     August 10, 2016—(Audubon, PA)                         Electric and Gas Company and PJM
                                                and Commission staff may attend                               •     September 14, 2016—(Audubon, PA)                      Interconnection, L.L.C.
                                                                                                              •                                                         Docket No. ER13–195, Indicated PJM
srobinson on DSK5SPTVN1PROD with NOTICES




                                                upcoming PJM Interconnection, L.L.C.                                October 5, 2016—(Audubon, PA)
                                                (PJM) Members Committee and Markets                                                                                       Transmission Owners
                                                and Reliability Committee meetings, as                        Planning and Market Implementation) and senior            Docket No. ER13–349, PJM
                                                well as other PJM committee,                                  standing committees (Members and Markets and                Interconnection, L.L.C.
                                                                                                              Reliability) meet on a variety of different topics;       Docket No. ER13–535, PJM
                                                subcommittee or task force meetings.1                         they convene and dissolve on an as-needed basis.
                                                                                                              Therefore, the Commission and Commission staff
                                                                                                                                                                          Interconnection, L.L.C.
                                                  1 For example, PJM subcommittees and task                   may monitor the various meetings posted on the            Docket No. ER13–1654, PJM
                                                forces of the standing committees (Operating,                 PJM Web site.                                               Interconnection, L.L.C.


                                           VerDate Sep<11>2014     20:30 Apr 29, 2016   Jkt 238001       PO 00000      Frm 00020   Fmt 4703   Sfmt 4703   E:\FR\FM\02MYN1.SGM      02MYN1



Document Created: 2016-04-30 13:35:47
Document Modified: 2016-04-30 13:35:47
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionDecision and order.
DatesThis Decision and Order is effective May 2, 2016.
ContactMr. 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 Citation81 FR 26215 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR