Energy Conservation Program for Consumer Products: Publication of the Petition for Waiver and Granting of the Application for Interim Waiver of Whirlpool Corporation From the DOE Residential Automatic and Semi-Automatic Clothes Washer Test Procedures, 48913-48916 [E6-13853]

Download as PDF Federal Register / Vol. 71, No. 162 / Tuesday, August 22, 2006 / Notices DEPARTMENT OF COMMERCE International Trade Administration. Notice of an Opportunity To Apply for Membership on the U.S. Travel and Tourism Advisory Board The Department of Commerce is currently seeking applications for membership on the U.S. Travel and Tourism Advisory Board (Board). The purpose of the Board is to advise the Secretary of Commerce on matters relating to the travel and tourism industry. SUPPLEMENTARY INFORMATION: The Office of Advisory Committees is accepting applications for Board members. Members shall serve until the Board’s charter expires on September 21, 2007. Members will be selected based on our judgement of the candidates’ proven experience in promoting, developing, and implementing advertising and marketing programs for travel-related or tourism-related industries; or the candidates’ proven abilities to manage tourism-related or other service-related organizations. Each Board member shall serve as the representative of a tourismrelated ‘‘U.S. entity.’’ However, for the purposes of eligibility, a U.S. entity shall be defined as a firm incorporated in the United States (or an unincorporated firm with its principal place of business in the United States) that is controlled by U.S. citizens or by another U.S. entity. An entity is not a U.S. entity if 50 percent plus one share of its stock (if a corporation, or a similar ownership interest of an unincorporated entity) is controlled, directly or indirectly, by non-U.S. citizens or nonU.S. entities. Priority may be given to chief executive officers or a similarlysituated officer of a tourism-related entity. Priority may also be given to individuals with international tourism marketing experience. Officers or employees of state and regional tourism marketing entities are also eligible for consideration for Board membership. A state and regional tourism marketing entity, may include, but is not limited to, state government tourism office, state and/or local government supported tourism marketing entities, or multi-state tourism marketing entities. Again, priority may be given to chief executive officers or a similarly-situated officer. Secondary selection criteria will ensure that the board has a balanced representation of the tourism-related industry in terms of point of view, demographics, geography and company size. The Board members will be selected on the basis of their experience cprice-sewell on PROD1PC66 with NOTICES SUMMARY: VerDate Aug<31>2005 15:34 Aug 21, 2006 Jkt 208001 and knowledge of the tourism industry. Members will serve at the discretion of the Secretary of Commerce. Board members shall serve in a representative capacity presenting the views and interests of the particular tourism-related sector in which they operate. Board members are not special government employees, and will receive no compensation for their participation in Board activities. Members participating in Board meetings and events will be responsible for their travel, living and other personal expenses. Meetings will be held regularly, usually in Washington, DC. The first Board meeting has not yet been determined. To be considered for membership, please provide the following: 1. Name and title of the individual requesting consideration. 2. A letter of recommendation containing a brief statement of why the applicant should be considered for membership on the Board. This recommendation should also include the applicant’s tourismrelated experience. 3. The applicant’s personal resume. 4. An affirmative statement that the applicant is not required to register as a foreign agent under the Foreign Agents Registration Act of 1938, as amended. 5. If a state or regional tourism marketing entity, the functions and responsibilities of the entity. 6. The company’s size and ownership, product or service line and major markets in which the company operates. Please submit application information to J. Marc Chittum, Office of Advisory Committees, U.S. Travel and Tourism Advisory Board Executive Secretariat, U.S. Department of Commerce, Room 4043, 1401 Constitution Avenue, NW., Washington, DC 20230. Deadline: All applications must be received by the Office of Advisory Committees by close of business on September 22, 2006. ADDRESSES: FOR FURTHER INFORMATION CONTACT: J. Marc Chittum, (202) 482–4501. Dated: August 16, 2006. J. Marc Chittum, Executive Secretary, U.S. Travel & Tourism Advisory Board. [FR Doc. E6–13855 Filed 8–21–06; 8:45 am] BILLING CODE 3510–DR–P PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 48913 DEPARTMENT OF ENERGY Office of Energy Efficiency and Renewable Energy [Docket No. EERE–BT–2006–WAV–0139] Energy Conservation Program for Consumer Products: Publication of the Petition for Waiver and Granting of the Application for Interim Waiver of Whirlpool Corporation From the DOE Residential Automatic and SemiAutomatic Clothes Washer Test Procedures Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Notice of Petition for Waiver, granting of application for interim waiver, and request for comments. AGENCY: SUMMARY: Today’s notice publishes a Petition for Waiver from Whirlpool Corporation. This Petition for Waiver (hereafter ‘‘Whirlpool Petition’’) requests the Department to modify the clothes washer test procedure for the Whirlpool High Impeller line of clothes washers with basket volumes greater than 3.8 cubic feet and less than 3.9 cubic feet. The Department of Energy (hereafter ‘‘Department’’ or ‘‘DOE’’) is soliciting comments, data and information with respect to the Whirlpool Petition. Today’s notice also grants an Interim Waiver to Whirlpool from the existing DOE automatic and semi-automatic clothes washer test procedure for the company’s High Impeller line of clothes washers with basket volumes greater than 3.8 cubic feet and less than 3.9 cubic feet. DATES: The Department will accept comments, data and information regarding this Petition for Waiver until, but no later September 21, 2006. ADDRESSES: Please submit comments, identified by docket number EERE–BT– 2006–WAV–0139, by any of the following methods: • Mail: Ms. Brenda Edwards-Jones, U.S. Department of Energy, Building Technologies Program, Mailstop EE–2J, Forrestal Building, 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-Jones, U.S. Department of Energy, Building Technologies Program, Room 1J–018, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 20585. • E-mail: bryan.berringer@ee.doe.gov. Include either the docket number EERE– E:\FR\FM\22AUN1.SGM 22AUN1 cprice-sewell on PROD1PC66 with NOTICES 48914 Federal Register / Vol. 71, No. 162 / Tuesday, August 22, 2006 / Notices BT–2006–WAV–0139 and/or ‘‘Whirlpool Petition’’ in the subject line of the message. • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. Instructions: All submissions received must include the agency name and docket number for this proceeding. Submit electronic comments in WordPerfect, Microsoft Word, PDF, or text (ASCII) file format and avoid the use of special characters or any form of encryption. Wherever possible, include the electronic signature of the author. Absent an electronic signature, comments submitted electronically must be followed and authenticated by submitting the signed original paper document. The Department does not accept telefacsimiles (faxes). Any person submitting written comments must also send a copy of such comments to the petitioner. (10 Code of Federal Regulations (CFR) 430.27(d)) The name and address of the petitioner of today’s notice is: Heather O. West, Director, Government Relations, Whirlpool Corporation, 1200 G Street NW., Suite 828, Washington, DC 20005–3820. According to 10 CFR 1004.11, any person submitting information that he or she believes to be confidential and exempt by law from public disclosure should submit two copies: one copy of the document including all the information believed to be confidential, and one copy of the document with the information believed to be confidential deleted. The Department will make its own determination about the confidential status of the information and treat it according to its determination. Docket: For access to the docket to read the background documents relevant to this matter, go to the U.S. Department of Energy, Forrestal Building, Room 1J–018 (Resource Room of the Building Technologies Program), 1000 Independence Avenue, SW., Washington, DC, (202) 586–2945, between 9 a.m. and 4 p.m., Monday through Friday, except Federal holidays. Available documents include the following items: this notice; public comments received; the Petition for Waiver and Application for Interim Waiver; prior Department rulemakings regarding residential clothes washer; prior Petitions for Waiver; and prior Decisions and Orders. Please call Ms. Brenda Edwards-Jones at the above telephone number for additional VerDate Aug<31>2005 15:34 Aug 21, 2006 Jkt 208001 information regarding visiting the Resource Room. Please note: The Department’s Freedom of Information Reading Room (formerly Room 1E–190 at the Forrestal Building) is no longer housing rulemaking materials. FOR FURTHER INFORMATION CONTACT: Bryan Berringer, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Program, Mail Stop EE–2J, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 20585– 0121, (202) 586–0371; e-mail: bryan.berringer@ee.doe.gov; or Francine B. Pinto, U.S. Department of Energy, Office of General Counsel, Mail Stop GC–72, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 20585–0121, (202) 586– 9507; e-mail: Francine.Pinto@hq.doe.gov. SUPPLEMENTARY INFORMATION: I. Background and Authority II. Application for Interim Waiver and Petition for Waiver III. Alternate Test Procedure IV. Summary and Request for Comments I. Background and Authority Title III of the Energy Policy and Conservation Act (EPCA) sets forth a variety of provisions concerning energy efficiency. Part B of Title III (42 U.S.C. 6291–6309) provides for the ’’Energy Conservation Program for Consumer Products other than Automobiles.’’ Today’s notice involves residential products under Part B that provide definitions, test procedures, labeling provisions, energy conservation standards, and the authority to require information and reports from manufacturers. With respect to test procedures, Part B generally authorizes the Secretary of Energy to prescribe test procedures that are reasonably designed to produce results which reflect energy efficiency, energy use and estimated operating costs, and that are not unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) The test procedures for residential products appear at 10 CFR Part 430, Subpart B, Appendix J1. EPCA provides that the Secretary of Energy may amend test procedures for consumer products if the Secretary determines that amended test procedures would more accurately reflect energy efficiency, energy use and estimated operating costs, and are not unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 The Department’s regulations contain provisions allowing a person to seek a waiver from the test procedure requirements for covered consumer products. These provisions are set forth in 10 CFR 430.27. The waiver provisions allow the Assistant Secretary for Energy Efficiency and Renewable Energy (hereafter ‘‘Assistant Secretary’’) to temporarily waive test procedures for a particular basic model when a petitioner shows that the basic model contains one or more design characteristics that prevent testing according to the prescribed test procedures, or when the prescribed test procedures may evaluate the basic model in a manner so unrepresentative of its true energy consumption as to provide materially inaccurate comparative data. (10 CFR 430.27 (a)(1)) The Assistant Secretary may grant the waiver subject to conditions, including adherence to alternate test procedures. Petitioners are to include in their petition any alternate test procedures known to evaluate the basic model in a manner representative of its energy consumption. (10 CFR 430.27(b)(1)(iii)) Waivers generally remain in effect until final test procedure amendments become effective, thereby resolving the problem that is the subject of the waiver. The waiver process also allows the Assistant Secretary to grant an Interim Waiver from test procedure requirements to manufacturers that have petitioned the Department for a waiver of such prescribed test procedures. (10 CFR 430.27(a)(2)) An Interim Waiver remains in effect for a period of 180 days or until the Department issues its determination on the Petition for Waiver, whichever is sooner, and may be extended for an additional 180 days, if necessary. (10 CFR 430.27(h)) II. Application for Interim Waiver and Petition for Waiver On November 21, 2005, Whirlpool filed an Application for Interim Waiver and a Petition for Waiver from the Department of Energy’s test procedures applicable to its residential automatic and semi-automatic clothes washers. In particular, Whirlpool requested a waiver to test its High Impeller clothes washers on the basis of the residential test procedures contained in 10 CFR Part 430, Subpart B, Appendix J1, with the following values appended to Table 5.1: E:\FR\FM\22AUN1.SGM 22AUN1 48915 Federal Register / Vol. 71, No. 162 / Tuesday, August 22, 2006 / Notices Container volume Minimum load Maximum load Average load (ft3) (liter) (lb) (kg) (lb) (kg) (lb) (kg) 3.8–3.9 107.6–110.4 3.00 1.36 15.8 7.17 9.4 4.26 Whirlpool’s petition seeks a waiver from the Department’s test procedure because a test load is used within the procedure, and the mass of this test load is based on the basket volume of the test specimen, which is currently not defined for the size units cited in their waiver application. At the time this test procedure was written, the relation between basket volume and test load mass was defined for basket volumes between 0 and 3.8 cubic feet. Current market trends have lead Whirlpool to design a series of clothes washers that contain a basket volume greater than 3.8 cubic feet, but less than 3.9 cubic feet. Table 5.1 of Appendix J1 defines the test load sizes used during the procedure as linear functions of the basket volume. Whirlpool has submitted a proposed modification to this table which extends the table one incremental unit to define a load for clothes washers with a basket volume between 3.8 cubic feet and 3.9 cubic feet. The minimum, maximum, and average load factors proposed by Whirlpool in this request are merely extrapolations of the linear relationships between the load factors and the basket volume, by one incremental unit. The Department agrees that the current test procedure does not define a load level for clothes washers with a basket volume greater than 3.8 cubic feet. The Department further agrees that since the load levels are currently defined in a linear manner for basket volumes between 0.8 cubic feet and 3.8 cubic feet that extrapolating these linear functions to a basket volume of 3.9 cubic feet is fair and logical. Thus, it appears likely that the Petition for Waiver will be granted. Based on the statements above, the Department of Energy is granting an Interim Waiver to Whirlpool for its High Impeller line of clothes washers, pursuant to 10 CFR of § 430.27(g). Pursuant to 10 CFR Part 430.27(b)(1)(iv), the Department is hereby publishing the ‘‘Petition for Waiver.’’ The Petition contains no confidential company information. Whirlpool will send a copy of the Petition for Waiver and a copy of the Application for Interim Waiver to all known manufacturers of domestically marketed units of the same product type. III. Alternate Test Procedure Manufacturers face restrictions with respect to making representations about the energy consumption and energy consumption costs of products covered by EPCA. (42 U.S.C. 6293(c)) Consistent representations are important for manufacturers to make claims about the energy efficiency of their products. For example, they are necessary to determine compliance with state and local energy codes and regulatory requirements, and can provide valuable consumer purchasing information. To provide a test procedure from which manufacturers can make valid representations, the Department is considering setting an alternate test procedure for Whirlpool in the subsequent Decision and Order based on the appended values to Table 5.1 of Appendix J1. Furthermore, if DOE specifies an alternate test procedure for Whirlpool, DOE may consider applying the alternate test procedure to similar waivers for residential clothes washers. IV. Summary and Request for Comments Today’s notice announces a Whirlpool Petition for Waiver and grants Whirlpool an Interim Waiver from the test procedures applicable to Whirlpool’s High Impeller line of clothes washers with basket volumes greater than 3.8 cubic feet and less than 3.9 cubic feet. The Department is publishing the Whirlpool Petition for Waiver in its entirety. The Petition contains no confidential information. Furthermore, today’s notice includes an Basket volume (=>) alternate test procedure that the Department is considering including in the subsequent Decision and Order. This alternate test procedure includes a proposed modification to Table 5.1 of Appendix J1 adding one incremental unit to define a load for clothes washers with a basket volume between 3.8 cubic feet and 3.9 cubic feet. • The Department is interested in receiving comments, data and information on all aspects of this notice. The Department is particularly interested in receiving comments and views of interested parties concerning the proposed alternate test procedure under consideration for the upcoming Decision and Order for the Whirlpool Petition. Issued in Washington, DC, on August 14, 2006. Alexander A. Karsner, Assistant Secretary, Energy Efficiency and Renewable Energy. Whirlpool Administrative Center—2000 M63—Mail Drop 3005—Benton Harbor, MI 49022 November 21, 2005. Douglas Faulker, Acting Assistant Secretary, Energy Efficiency and Renewable Energy, U.S. Department of Energy, EE–2J, 1000 Independence Ave., SW, Washington, DC 20585–0121. RE: Waiver of Test Procedure for 10CFR430, Subpart B, Appendix J1. Dear Assistant Secretary Faulkner: Whirlpool Corporation requests a waiver of the test procedure for a basket volume greater than 3.8 cubic feet. Currently, the test procedure provides allowable load levels for basket volumes less than 3.8 cubic feet. Whirlpool (and most likely other manufacturers as well) is designing clothes washers with larger basket volumes. Whirlpool Corporation requests that, for the models specified below, it be allowed to use the corresponding load levels shown in the table below. These load levels were obtained by extrapolating from the existing volumes and load levels in Table 5.1 of Appendix J1. Basket volume (<) AVG load (lbs) Min load (lbs) Max load (lbs) cprice-sewell on PROD1PC66 with NOTICES Model No. Description 27082600 PC 580 KEN D = Test Sell Model. 27086600 PC 580 KEN D ................. 27087600 PC 580 KEN D ................. High Impeller White ........................... 3.8 3.9 9.4 3.0 15.8 High Impeller Graphite ...................... High Impeller Pacific Blue ................. 3.8 3.8 3.9 3.9 9.4 9.4 3.0 3.0 15.8 15.8 VerDate Aug<31>2005 15:34 Aug 21, 2006 Jkt 208001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\22AUN1.SGM 22AUN1 48916 Federal Register / Vol. 71, No. 162 / Tuesday, August 22, 2006 / Notices Please contact me at 202–434–8990 with your opinion on this waiver request. Thank you for your assistance. Sincerely, CC: Bryan Berringer—DOE Mike McCabe—DOE Ron Lewis—DOE David Rodgers—DOE Heather O. West, Director, Government Relations, 1200 G Street, NW., Suite 828, Washington, DC 20005–3820, Phone: (202) 434–8990, Fax: (202) 434–8991. [FR Doc. E6–13853 Filed 8–21–06; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP06–470–000] CenterPoint Energy-Mississippi River Transmission Corporation; Notice of Proposed Changes in FERC Gas Tariff Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at http://www.ferc.gov, using the ‘‘eLibrary’’ link and is available for review in the Commission’s Public Reference Room in Washington, DC. There is an ‘‘eSubscription’’ link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail FERCOnlineSupport@ferc.gov, or call (866) 208–3676 (toll free). For TTY, call (202) 502–8659. Magalie R. Salas, Secretary. [FR Doc. E6–13819 Filed 8–21–06; 8:45 am] Magalie R. Salas, Secretary. [FR Doc. E6–13887 Filed 8–21–06; 8:45 am] BILLING CODE 6717–01–P August 15, 2006. Take notice that on August 10, 2006, CenterPoint Energy-Mississippi River Transmission Corporation (MRT) tendered for filing as part of its FERC Gas Tariff, Third Revised Volume No. 1, the following tariff sheets, to become effective October 1, 2006: DEPARTMENT OF ENERGY BILLING CODE 6717–01–P Federal Energy Regulatory Commission DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP05–426–003] cprice-sewell on PROD1PC66 with NOTICES Fifty-Seventh Revised Sheet No. 5 Fifty-Seventh Revised Sheet No. 6 Fifth-Fourth Revised Sheet No. 7 Destin Pipeline Company, L.L.C.; Notice of Tariff Filing MRT states that the purpose of the filing is to revise the Annual Charge Adjustment rate effective October 1, 2006. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission’s Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed in accordance with the provisions of Section 154.210 of the Commission’s regulations (18 CFR 154.210). Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the ‘‘eFiling’’ link at http://www.ferc.gov. August 16, 2006. VerDate Aug<31>2005 15:34 Aug 21, 2006 Jkt 208001 The Commission encourages electronic submission of protests in lieu of paper using the ‘‘eFiling’’ link at http://www.ferc.gov. Persons unable to file electronically should submit an original and 14 copies of the protest to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at http://www.ferc.gov, using the ‘‘eLibrary’’ link and is available for review in the Commission’s Public Reference Room in Washington, DC. There is an ‘‘eSubscription’’ link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail FERCOnlineSupport@ferc.gov, or call (866) 208–3676 (toll free). For TTY, call (202) 502–8659. Take notice that on August 14, 2006, Destin Pipeline Company, L.L.C. (Destin) tendered for filing as part of its FERC Gas Tariff, Original Volume No. 1, Third Revised Sheet No. 136.01, to be effective September 1, 2006. Destin states that purpose of its filing is to comply with the Commission’s Letter Order issued June 2, 2006, in Docket No. RP05–426–002. Destin states that copies of this filing are being served on all parties to the proceedings in Docket No. RP05–426– 000, affected shippers, and applicable state regulatory agencies. Any person desiring to protest this filing must file in accordance with Rule 211 of the Commission’s Rules of Practice and Procedure (18 CFR 385.211). Protests to this filing will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Such protests must be filed in accordance with the provisions of Section 154.210 of the Commission’s regulations (18 CFR 154.210). Anyone filing a protest must serve a copy of that document on all the parties to the proceeding. PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 [Docket No. RP06–475–000] Dominion South Pipeline Company, LP; Notice of Report of Overrun Charge/Penalty Revenue Distribution August 16, 2006. Take notice that on August 11, 2006, Dominion South Pipeline Company, LP (Dominion South) filed its annual report of overrun charge/penalty revenue distributions. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission’s Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed in on or before the date as indicated below. Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not serve motions to intervene or protests on persons other than the Applicant. E:\FR\FM\22AUN1.SGM 22AUN1

Agencies

[Federal Register Volume 71, Number 162 (Tuesday, August 22, 2006)]
[Notices]
[Pages 48913-48916]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-13853]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Docket No. EERE-BT-2006-WAV-0139]


Energy Conservation Program for Consumer Products: Publication of 
the Petition for Waiver and Granting of the Application for Interim 
Waiver of Whirlpool Corporation From the DOE Residential Automatic and 
Semi-Automatic Clothes Washer Test Procedures

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

ACTION: Notice of Petition for Waiver, granting of application for 
interim waiver, and request for comments.

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

SUMMARY: Today's notice publishes a Petition for Waiver from Whirlpool 
Corporation. This Petition for Waiver (hereafter ``Whirlpool 
Petition'') requests the Department to modify the clothes washer test 
procedure for the Whirlpool High Impeller line of clothes washers with 
basket volumes greater than 3.8 cubic feet and less than 3.9 cubic 
feet. The Department of Energy (hereafter ``Department'' or ``DOE'') is 
soliciting comments, data and information with respect to the Whirlpool 
Petition.
    Today's notice also grants an Interim Waiver to Whirlpool from the 
existing DOE automatic and semi-automatic clothes washer test procedure 
for the company's High Impeller line of clothes washers with basket 
volumes greater than 3.8 cubic feet and less than 3.9 cubic feet.

DATES: The Department will accept comments, data and information 
regarding this Petition for Waiver until, but no later September 21, 
2006.

ADDRESSES: Please submit comments, identified by docket number EERE-BT-
2006-WAV-0139, by any of the following methods:
     Mail: Ms. Brenda Edwards-Jones, U.S. Department of Energy, 
Building Technologies Program, Mailstop EE-2J, Forrestal Building, 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-Jones, U.S. 
Department of Energy, Building Technologies Program, Room 1J-018, 
Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 
20585.
     E-mail: bryan.berringer@ee.doe.gov. Include either the 
docket number EERE-

[[Page 48914]]

BT-2006-WAV-0139 and/or ``Whirlpool Petition'' in the subject line of 
the message.
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    Instructions: All submissions received must include the agency name 
and docket number for this proceeding. Submit electronic comments in 
WordPerfect, Microsoft Word, PDF, or text (ASCII) file format and avoid 
the use of special characters or any form of encryption. Wherever 
possible, include the electronic signature of the author. Absent an 
electronic signature, comments submitted electronically must be 
followed and authenticated by submitting the signed original paper 
document. The Department does not accept telefacsimiles (faxes). Any 
person submitting written comments must also send a copy of such 
comments to the petitioner. (10 Code of Federal Regulations (CFR) 
430.27(d)) The name and address of the petitioner of today's notice is: 
Heather O. West, Director, Government Relations, Whirlpool Corporation, 
1200 G Street NW., Suite 828, Washington, DC 20005-3820.
    According to 10 CFR 1004.11, any person submitting information that 
he or she believes to be confidential and exempt by law from public 
disclosure should submit two copies: one copy of the document including 
all the information believed to be confidential, and one copy of the 
document with the information believed to be confidential deleted. The 
Department will make its own determination about the confidential 
status of the information and treat it according to its determination.
    Docket: For access to the docket to read the background documents 
relevant to this matter, go to the U.S. Department of Energy, Forrestal 
Building, Room 1J-018 (Resource Room of the Building Technologies 
Program), 1000 Independence Avenue, SW., Washington, DC, (202) 586-
2945, between 9 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays. Available documents include the following items: this notice; 
public comments received; the Petition for Waiver and Application for 
Interim Waiver; prior Department rulemakings regarding residential 
clothes washer; prior Petitions for Waiver; and prior Decisions and 
Orders. Please call Ms. Brenda Edwards-Jones at the above telephone 
number for additional information regarding visiting the Resource Room. 
Please note: The Department's Freedom of Information Reading Room 
(formerly Room 1E-190 at the Forrestal Building) is no longer housing 
rulemaking materials.

FOR FURTHER INFORMATION CONTACT: Bryan Berringer, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies Program, Mail Stop EE-2J, Forrestal Building, 1000 
Independence Avenue, SW., Washington, DC 20585-0121, (202) 586-0371; e-
mail: bryan.berringer@ee.doe.gov; or Francine B. Pinto, U.S. Department 
of Energy, Office of General Counsel, Mail Stop GC-72, Forrestal 
Building, 1000 Independence Avenue, SW., Washington, DC 20585-0121, 
(202) 586-9507; e-mail: Francine.Pinto@hq.doe.gov.

SUPPLEMENTARY INFORMATION: 

I. Background and Authority
II. Application for Interim Waiver and Petition for Waiver
III. Alternate Test Procedure
IV. Summary and Request for Comments

I. Background and Authority

    Title III of the Energy Policy and Conservation Act (EPCA) sets 
forth a variety of provisions concerning energy efficiency. Part B of 
Title III (42 U.S.C. 6291-6309) provides for the ''Energy Conservation 
Program for Consumer Products other than Automobiles.'' Today's notice 
involves residential products under Part B that provide definitions, 
test procedures, labeling provisions, energy conservation standards, 
and the authority to require information and reports from 
manufacturers. With respect to test procedures, Part B generally 
authorizes the Secretary of Energy to prescribe test procedures that 
are reasonably designed to produce results which reflect energy 
efficiency, energy use and estimated operating costs, and that are not 
unduly burdensome to conduct. (42 U.S.C. 6293(b)(3))
    The test procedures for residential products appear at 10 CFR Part 
430, Subpart B, Appendix J1. EPCA provides that the Secretary of Energy 
may amend test procedures for consumer products if the Secretary 
determines that amended test procedures would more accurately reflect 
energy efficiency, energy use and estimated operating costs, and are 
not unduly burdensome to conduct. (42 U.S.C. 6293(b)(3))
    The Department's regulations contain provisions allowing a person 
to seek a waiver from the test procedure requirements for covered 
consumer products. These provisions are set forth in 10 CFR 430.27.
    The waiver provisions allow the Assistant Secretary for Energy 
Efficiency and Renewable Energy (hereafter ``Assistant Secretary'') to 
temporarily waive test procedures for a particular basic model when a 
petitioner shows that the basic model contains one or more design 
characteristics that prevent testing according to the prescribed test 
procedures, or when the prescribed test procedures may evaluate the 
basic model in a manner so unrepresentative of its true energy 
consumption as to provide materially inaccurate comparative data. (10 
CFR 430.27 (a)(1)) The Assistant Secretary may grant the waiver subject 
to conditions, including adherence to alternate test procedures. 
Petitioners are to include in their petition any alternate test 
procedures known to evaluate the basic model in a manner representative 
of its energy consumption. (10 CFR 430.27(b)(1)(iii)) Waivers generally 
remain in effect until final test procedure amendments become 
effective, thereby resolving the problem that is the subject of the 
waiver.
    The waiver process also allows the Assistant Secretary to grant an 
Interim Waiver from test procedure requirements to manufacturers that 
have petitioned the Department for a waiver of such prescribed test 
procedures. (10 CFR 430.27(a)(2)) An Interim Waiver remains in effect 
for a period of 180 days or until the Department issues its 
determination on the Petition for Waiver, whichever is sooner, and may 
be extended for an additional 180 days, if necessary. (10 CFR 
430.27(h))

II. Application for Interim Waiver and Petition for Waiver

    On November 21, 2005, Whirlpool filed an Application for Interim 
Waiver and a Petition for Waiver from the Department of Energy's test 
procedures applicable to its residential automatic and semi-automatic 
clothes washers. In particular, Whirlpool requested a waiver to test 
its High Impeller clothes washers on the basis of the residential test 
procedures contained in 10 CFR Part 430, Subpart B, Appendix J1, with 
the following values appended to Table 5.1:

[[Page 48915]]



------------------------------------------------------------------------------------------------------------------------------------------------------
           Container volume                         Minimum load                          Maximum load                          Average load
--------------------------------------------------------------------------------------------------------------------------------------------------------
       (ft3)              (liter)              (lb)               (kg)               (lb)               (kg)               (lb)               (kg)
--------------------------------------------------------------------------------------------------------------------------------------------------------
         3.8-3.9         107.6-110.4               3.00               1.36               15.8               7.17                9.4               4.26
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Whirlpool's petition seeks a waiver from the Department's test 
procedure because a test load is used within the procedure, and the 
mass of this test load is based on the basket volume of the test 
specimen, which is currently not defined for the size units cited in 
their waiver application. At the time this test procedure was written, 
the relation between basket volume and test load mass was defined for 
basket volumes between 0 and 3.8 cubic feet. Current market trends have 
lead Whirlpool to design a series of clothes washers that contain a 
basket volume greater than 3.8 cubic feet, but less than 3.9 cubic 
feet.
    Table 5.1 of Appendix J1 defines the test load sizes used during 
the procedure as linear functions of the basket volume. Whirlpool has 
submitted a proposed modification to this table which extends the table 
one incremental unit to define a load for clothes washers with a basket 
volume between 3.8 cubic feet and 3.9 cubic feet. The minimum, maximum, 
and average load factors proposed by Whirlpool in this request are 
merely extrapolations of the linear relationships between the load 
factors and the basket volume, by one incremental unit.
    The Department agrees that the current test procedure does not 
define a load level for clothes washers with a basket volume greater 
than 3.8 cubic feet. The Department further agrees that since the load 
levels are currently defined in a linear manner for basket volumes 
between 0.8 cubic feet and 3.8 cubic feet that extrapolating these 
linear functions to a basket volume of 3.9 cubic feet is fair and 
logical. Thus, it appears likely that the Petition for Waiver will be 
granted.
    Based on the statements above, the Department of Energy is granting 
an Interim Waiver to Whirlpool for its High Impeller line of clothes 
washers, pursuant to 10 CFR of Sec.  430.27(g).
    Pursuant to 10 CFR Part 430.27(b)(1)(iv), the Department is hereby 
publishing the ``Petition for Waiver.'' The Petition contains no 
confidential company information. Whirlpool will send a copy of the 
Petition for Waiver and a copy of the Application for Interim Waiver to 
all known manufacturers of domestically marketed units of the same 
product type.

 III. Alternate Test Procedure

    Manufacturers face restrictions with respect to making 
representations about the energy consumption and energy consumption 
costs of products covered by EPCA. (42 U.S.C. 6293(c)) Consistent 
representations are important for manufacturers to make claims about 
the energy efficiency of their products. For example, they are 
necessary to determine compliance with state and local energy codes and 
regulatory requirements, and can provide valuable consumer purchasing 
information. To provide a test procedure from which manufacturers can 
make valid representations, the Department is considering setting an 
alternate test procedure for Whirlpool in the subsequent Decision and 
Order based on the appended values to Table 5.1 of Appendix J1. 
Furthermore, if DOE specifies an alternate test procedure for 
Whirlpool, DOE may consider applying the alternate test procedure to 
similar waivers for residential clothes washers.

IV. Summary and Request for Comments

    Today's notice announces a Whirlpool Petition for Waiver and grants 
Whirlpool an Interim Waiver from the test procedures applicable to 
Whirlpool's High Impeller line of clothes washers with basket volumes 
greater than 3.8 cubic feet and less than 3.9 cubic feet. The 
Department is publishing the Whirlpool Petition for Waiver in its 
entirety. The Petition contains no confidential information. 
Furthermore, today's notice includes an alternate test procedure that 
the Department is considering including in the subsequent Decision and 
Order. This alternate test procedure includes a proposed modification 
to Table 5.1 of Appendix J1 adding one incremental unit to define a 
load for clothes washers with a basket volume between 3.8 cubic feet 
and 3.9 cubic feet.
     The Department is interested in receiving comments, data 
and information on all aspects of this notice. The Department is 
particularly interested in receiving comments and views of interested 
parties concerning the proposed alternate test procedure under 
consideration for the upcoming Decision and Order for the Whirlpool 
Petition.

    Issued in Washington, DC, on August 14, 2006.
Alexander A. Karsner,
Assistant Secretary, Energy Efficiency and Renewable Energy.

Whirlpool

Administrative Center--2000 M63--Mail Drop 3005--Benton Harbor, MI 
49022

November 21, 2005.
Douglas Faulker,
Acting Assistant Secretary,
Energy Efficiency and Renewable Energy,
U.S. Department of Energy, EE-2J,
1000 Independence Ave., SW,
Washington, DC 20585-0121.

RE: Waiver of Test Procedure for 10CFR430, Subpart B, Appendix J1.

    Dear Assistant Secretary Faulkner: Whirlpool Corporation 
requests a waiver of the test procedure for a basket volume greater 
than 3.8 cubic feet. Currently, the test procedure provides 
allowable load levels for basket volumes less than 3.8 cubic feet. 
Whirlpool (and most likely other manufacturers as well) is designing 
clothes washers with larger basket volumes. Whirlpool Corporation 
requests that, for the models specified below, it be allowed to use 
the corresponding load levels shown in the table below. These load 
levels were obtained by extrapolating from the existing volumes and 
load levels in Table 5.1 of Appendix J1.

--------------------------------------------------------------------------------------------------------------
                                                        Basket      Basket
            Model No.                 Description       volume      volume     AVG load    Min load    Max load
                                                         (=>)         (<)        (lbs)       (lbs)       (lbs)
----------------------------------------------------------------------------------------------------------------
27082600 PC 580 KEN D = Test      High Impeller              3.8         3.9         9.4         3.0        15.8
 Sell Model.                       White.
27086600 PC 580 KEN D...........  High Impeller              3.8         3.9         9.4         3.0        15.8
                                   Graphite.
27087600 PC 580 KEN D...........  High Impeller              3.8         3.9         9.4         3.0        15.8
                                   Pacific Blue.
----------------------------------------------------------------------------------------------------------------


[[Page 48916]]

    Please contact me at 202-434-8990 with your opinion on this 
waiver request. Thank you for your assistance.
     Sincerely,

CC: Bryan Berringer--DOE
Mike McCabe--DOE
Ron Lewis--DOE
David Rodgers--DOE

Heather O. West, Director, Government Relations, 1200 G Street, NW., 
Suite 828, Washington, DC 20005-3820, Phone: (202) 434-8990, Fax: 
(202) 434-8991.
[FR Doc. E6-13853 Filed 8-21-06; 8:45 am]
BILLING CODE 6450-01-P