Federal Register, Volume 75, Number 219, November 15, 2010, Pages 69571-69850 Page: 69,653
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Federal Register/Vol. 75, No. 219/Monday, November 15, 2010/Notices
Minutes: The minutes of the meeting
will be available at the Commission's
Web site: http://
www.OilSpillCommission.gov or by
contacting Mr. Smith. He may be
reached at the postal or e-mail addresses
Accommodation for the hearing
impaired: A sign language interpreter
will be onsite for the duration of the
Issued in Washington, DC, on November 9,
Deputy Committee Management Officer.
[FR Doc. 2010-28645 Filed 11-12-10; 8:45 am]
BILLING CODE 6450-01-P
DEPARTMENT OF ENERGY
Office of Energy Efficiency and
[Case No. CW-015]
Energy Conservation Program for
Consumer Products: Decision and
Order Granting a Waiver to Whirlpool
From the Department of Energy
Residential Clothes Washer Test
AGENCY: Office of Energy Efficiency and
Renewable Energy, Department of
ACTION: Decision and order.
SUMMARY: The U.S. Department of
Energy (DOE) gives notice of the
decision and order (Case No. CW-015)
that grants to Whirlpool Corporation
(Whirlpool) a waiver from the DOE
clothes washer test procedure for
determining the energy consumption of
clothes washers. Under today's decision
and order, Whirlpool shall be required
to test and rate its clothes washers with
larger clothes containers using an
alternate test procedure that takes this
technology into account when
measuring energy consumption.
DATES: This Decision and Order is
effective November 15, 2010.
FOR FURTHER INFORMATION CONTACT: Dr.
Michael G. Raymond, U.S. Department
of Energy, Building Technologies
Program, Mailstop EE-2J, 1000
Independence Avenue, SW.,
Washington, DC 20585-0121.
Telephone: (202) 586-9611, E-mail:
Michael.Roymon d@ee. doe.gov.
Jennifer Tiedeman, U.S. Department
of Energy, Office of the General Counsel,
Mail Stop GC-71, 1000 Independence
Avenue, SW., Washington, DC 20585-
0103. Telephone: (202) 287-6111, E-
mail: Jennifer. Tiedeman@hq.doe.gov.
SUPPLEMENTARY INFORMATION: In
accordance with Title 10 of the Code of
Federal Regulations (10 CFR 430.27(1)),
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 J1 for
certain basic models of clothes washers
with capacities greater than 3.8 cubic
feet, provided that Whirlpool tests and
rates such products using the alternate
test procedure described in this notice.
Today's decision prohibits Whirlpool
from making representations concerning
the energy efficiency of these products
unless the product has been tested
consistent with the provisions and
restrictions in the alternate test
procedure set forth in the decision and
order below, and the representations
fairly disclose the test results.
Distributors, retailers, and private
labelers are held to the same standard
when making representations regarding
the energy efficiency of these products.
42 U.S.C. 6293(c).
Issued in Washington, DC, on November 4,
Assistant Secretary, Energy Efficiency and
Decision and Order
In the Matter of: Whirlpool
Corporation (Case No. CW-015).
I. Background and Authority
Title III of the Energy Policy and
Conservation Act (EPCA) sets forth a
variety of provisions concerning energy
efficiency. Part A of Title III provides for
the "Energy Conservation Program for
Consumer Products Other Than
Automobiles." 42 U.S.C. 6291-6309.
Part A includes definitions, test
procedures, labeling provisions, energy
conservation standards, and the
authority to require information and
reports from manufacturers. Further,
Part A authorizes the Secretary of
Energy to prescribe test procedures that
are reasonably designed to produce
results that measure energy efficiency,
energy use, or estimated operating costs,
and that are not unduly burdensome to
conduct. 42 U.S.C. 6293(b)(3). The test
procedure for residential clothes
washers, the subject of today's notice, is
contained in 10 CFR part 430, subpart
B, appendix J1.
DOE's regulations for covered
products contain provisions allowing a
person to seek a waiver for a particular
basic model from the test procedure
requirements for covered consumer
products when (1) the petitioner's basic
model for which the petition for waiver
was submitted contains one or more
design characteristics that prevent
testing according to the prescribed test
procedure, or (2) when prescribed test
procedures may evaluate the basic
model in a manner so unrepresentative
of its true energy consumption
characteristics as to provide materially
inaccurate comparative data. 10 CFR
430.27(a)(1). Petitioners must include in
their petition any alternate test
procedures known to the petitioner to
evaluate the basic model in a manner
representative of its energy
consumption characteristics. 10 CFR
The Assistant Secretary for Energy
Efficiency and Renewable Energy (the
Assistant Secretary) may grant a waiver
subject to conditions, including
adherence to alternate test procedures.
10 CFR 430.27(1). Waivers remain in
effect pursuant to the provisions of 10
Any interested person who has
submitted a petition for waiver may also
file an application for interim waiver of
the applicable test procedure
requirements. 10 CFR 430.27(a)(2). The
Assistant Secretary will grant an interim
waiver request if it is determined that
the applicant will experience economic
hardship if the interim waiver is denied,
if it appears likely that the petition for
waiver will be granted, and/or the
Assistant Secretary determines that it
would be desirable for public policy
reasons to grant immediate relief
pending a determination on the petition
for waiver. 10 CFR 430.27(g).
II. Whirlpool's Petition for Waiver:
Assertions and Determinations
On November 21, 2005, Whirlpool
filed a petition for waiver from the test
procedure applicable to automatic and
semi-automatic clothes washers set forth
in 10 CFR part 430, subpart B, appendix
J1. In particular, Whirlpool requested a
waiver to test its clothes washers on the
basis of the residential test procedures
contained in 10 CFR part 430, Subpart
B, Appendix J1, with a revised Table 5.1
extended to larger container volumes.
Whirlpool's petition was published in
the Federal Register on August 22,
2006. 71 FR 48913. DOE received one
comment on the Whirlpool petition,
from a private citizen who opined that
the purpose of waivers is to evade
In its petition, Whirlpool pointed out
that the required mass of the test load
used in DOE's test procedure is based
on the basket volume of the test
specimen. However, the test procedure
does not define required test load
masses for the basket sizes of
Whirlpool's basic models cited in its
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United States. Office of the Federal Register. Federal Register, Volume 75, Number 219, November 15, 2010, Pages 69571-69850, periodical, November 15, 2010; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc52800/m1/91/: accessed January 20, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.