Energy Conservation Program for Consumer Products: Decision and Order Granting a Waiver to Whirlpool From the Department of Energy Residential Clothes Washer Test Procedure, 26215-26217 [2016-10209]

Download as PDF Federal Register / Vol. 81, No. 84 / Monday, May 2, 2016 / Notices The President’s Council of Advisors on Science and Technology (PCAST) is an advisory group of the nation’s leading scientists and engineers, appointed by the President to augment the science and technology advice available to him from inside the White House, cabinet departments, and other Federal agencies. See the Executive Order at https://www.whitehouse.gov/ostp/pcast. PCAST is consulted about and provides analyses and recommendations concerning a wide range of issues where understandings from the domains of science, technology, and innovation may bear on the policy choices before the President. PCAST is co-chaired by Dr. John P. Holdren, Assistant to the President for Science and Technology, and Director, Office of Science and Technology Policy, Executive Office of the President, The White House; and Dr. Eric S. 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The PCAST expects that public statements presented at its meetings will not be repetitive of previously submitted oral or written statements. srobinson on DSK5SPTVN1PROD with NOTICES SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 20:30 Apr 29, 2016 Jkt 238001 The public comment period for this meeting will take place on May 20, 2016 at a time specified in the meeting agenda posted on the PCAST Web site at https://whitehouse.gov/ostp/pcast. This public comment period is designed only for substantive commentary on PCAST’s work, not for business marketing purposes. Oral Comments: To be considered for the public speaker list at the meeting, interested parties should register to speak at https://whitehouse.gov/ostp/ pcast, no later than 12:00 p.m. Eastern Time on May 18, 2016. Phone or email reservations will not be accepted. 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Information regarding how to submit comments and documents to PCAST is available at https://whitehouse.gov/ostp/ pcast in the section entitled ‘‘Connect with PCAST.’’ Please note that because PCAST operates under the provisions of FACA, all public comments and/or presentations will be treated as public documents and will be made available for public inspection, including being posted on the PCAST Web site. Meeting Accommodations: Individuals requiring special accommodation to access this public meeting should contact Ms. Jennifer Michael at least ten business days prior to the meeting so that appropriate arrangements can be made. Issued in Washington, DC, on April 26, 2016. LaTanya R. Butler, Deputy Committee Management Officer. [FR Doc. 2016–10208 Filed 4–29–16; 8:45 am] BILLING CODE 6450–01–P PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 26215 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 Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Decision and order. AGENCY: 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: Bryan.Berringer@ee.doe.gov. 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: Elizabeth.Kohl@hq.doe.gov. 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 SUMMARY: 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 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. srobinson on DSK5SPTVN1PROD with NOTICES 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. 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 1 For editorial reasons, upon codification in the U.S. Code, Part B was re-designated Part A. VerDate Sep<11>2014 20:30 Apr 29, 2016 Jkt 238001 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 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 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 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 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. E:\FR\FM\02MYN1.SGM 02MYN1 26217 Federal Register / Vol. 81, No. 84 / Monday, May 2, 2016 / Notices 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 cu. ft. ≥< 6.00–6.10 6.10–6.20 6.20–6.30 6.30–6.40 6.40–6.50 6.50–6.60 6.60–6.70 6.70–6.80 6.80–6.90 6.90–7.00 7.00–7.10 7.10–7.20 7.20–7.30 7.30–7.40 7.40–7.50 7.50–7.60 7.60–7.70 7.70–7.80 7.80–7.90 7.90–8.00 Minimum load liter ≥< .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. 169.9–172.7 172.7–175.6 175.6–178.4 178.4–181.2 181.2–184.1 184.1–186.9 186.9–189.7 189.7–192.6 192.6–195.4 195.4–198.2 198.2–201.0 201.0–203.9 203.9–206.7 206.7–209.5 209.5–212.4 212.4–215.2 215.2–218.0 218.0–220.9 220.9–223.7 223.7–226.5 lb .......... .......... .......... .......... .......... .......... .......... .......... .......... .......... .......... .......... .......... .......... .......... .......... .......... .......... .......... .......... 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 DEPARTMENT OF ENERGY Federal Energy Regulatory Commission srobinson on DSK5SPTVN1PROD with NOTICES Notice of Attendance at PJM Interconnection, L.L.C. Meetings VerDate Sep<11>2014 20:30 Apr 29, 2016 Jkt 238001 lb 1.36 1.36 1.36 1.36 1.36 1.36 1.36 1.36 1.36 1.36 1.36 1.36 1.36 1.36 1.36 1.36 1.36 1.36 1.36 1.36 24.80 25.20 25.60 26.00 26.40 26.90 27.30 27.70 28.10 28.50 28.90 29.30 29.70 30.10 30.60 31.00 31.40 31.80 32.20 32.60 The Commission and Commission staff may attend the following meetings: PJM Members Committee • • • • • • • April 28, 2016—(Wilmington, DE) May 17–19, 2016—(Cambridge, MD) June 30, 2016—(Wilmington, DE) July 28, 2016—(TBD) September 29, 2016—(TBD) October 27, 2016—(TBD) November 17, 2016—(TBD) PJM Markets and Reliability Committee • • • • • • • • • • • • • • • April 28, 2016—(Wilmington, DE) May 26, 2016—(Wilmington, DE) June 30, 2016—(Wilmington, DE) July 28, 2016—(TBD) August 25, 2016—(TBD) September 29, 2016—(TBD) October 27, 2016—(TBD) November 17, 2016—(TBD) December 22, 2016—(TBD) May 11, 2016—(Audubon, PA) June 8, 2016—(Audubon, PA) July 13, 2016—(Audubon, PA) August 10, 2016—(Audubon, PA) September 14, 2016—(Audubon, PA) October 5, 2016—(Audubon, PA) Planning and Market Implementation) and senior standing committees (Members and Markets and Reliability) meet on a variety of different topics; they convene and dissolve on an as-needed basis. Therefore, the Commission and Commission staff may monitor the various meetings posted on the PJM Web site. PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 Average load kg PJM Market Implementation Committee The Federal Energy Regulatory Commission (Commission) hereby gives notice that members of the Commission and Commission staff may attend upcoming PJM Interconnection, L.L.C. (PJM) Members Committee and Markets and Reliability Committee meetings, as well as other PJM committee, subcommittee or task force meetings.1 1 For example, PJM subcommittees and task forces of the standing committees (Operating, kg 3.00 3.00 3.00 3.00 3.00 3.00 3.00 3.00 3.00 3.00 3.00 3.00 3.00 3.00 3.00 3.00 3.00 3.00 3.00 3.00 (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. Maximum load lb 11.25 11.43 11.61 11.79 11.97 12.20 12.38 12.56 12.75 12.93 13.11 13.29 13.47 13.65 13.88 14.06 14.24 14.42 14.61 14.79 Kg 13.90 14.10 14.30 14.50 14.70 14.95 15.15 15.35 15.55 15.75 15.95 16.15 16.35 16.55 16.80 17.00 17.20 17.40 17.60 17.80 6.30 6.40 6.49 6.58 6.67 6.78 6.87 6.96 7.05 7.14 7.23 7.33 7.42 7.51 7.62 7.71 7.80 7.89 7.98 8.07 • November 2, 2016—(Audubon, PA) • December 14, 2016—(Audubon, PA) The discussions at each of the meetings described above may address matters at issue in pending proceedings before the Commission, including the following currently pending proceedings: Docket No. EL05–121, PJM Interconnection, L.L.C. Docket No. EL08–14, Black Oak Energy LLC, et al., v. FERC Docket No. ER11–1844, Midwest Independent Transmission System Operator, Inc. Docket Nos. AD12–1 and ER11–4081, Midwest Independent Transmission System Operator, Inc. Docket No. EL12–54, Viridity Energy, Inc. v. PJM Interconnection, L.L.C. Docket No. EL13–88, Northern Indiana Public Service Company v. Midcontinent Independent System Operator, Inc. and PJM Interconnection, L.L.C. Docket No. ER13–90, Public Service Electric and Gas Company and PJM Interconnection, L.L.C. Docket No. ER13–195, Indicated PJM Transmission Owners Docket No. ER13–349, PJM Interconnection, L.L.C. Docket No. ER13–535, PJM Interconnection, L.L.C. Docket No. ER13–1654, PJM Interconnection, L.L.C. E:\FR\FM\02MYN1.SGM 02MYN1

Agencies

[Federal Register Volume 81, Number 84 (Monday, May 2, 2016)]
[Notices]
[Pages 26215-26217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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: Bryan.Berringer@ee.doe.gov.
    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: Elizabeth.Kohl@hq.doe.gov.

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