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Notice2023-06750

Energy Conservation Program: Notification of Petition for Waiver of Alliance Laundry Systems From the Department of Energy Clothes Washer Test Procedure and Notification of Grant of Interim Waiver

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Published

March 31, 2023

Issuing agencies

Energy Department

Abstract

This notification announces receipt of and publishes a petition for waiver and interim waiver from Alliance Laundry Systems ("Alliance"), which seeks a waiver for a specified residential clothes washer basic models from the U.S. Department of Energy ("DOE") test procedure used for determining the efficiency of clothes washers. DOE also gives notification of an Interim Waiver Order that requires Alliance to test and rate the specified residential clothes washer basic models in accordance with the alternate test procedure set forth in the Interim Waiver Order. DOE solicits comments, data, and information concerning Alliance's petition and its suggested alternate test procedure to inform DOE's final decision on Alliance's waiver request.

Full Text

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<title>Federal Register, Volume 88 Issue 62 (Friday, March 31, 2023)</title>
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[Federal Register Volume 88, Number 62 (Friday, March 31, 2023)]
[Notices]
[Pages 19291-19296]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-06750]

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DEPARTMENT OF ENERGY

[Case Number 2022-008; EERE-2022-BT-WAV-0027]

Energy Conservation Program: Notification of Petition for Waiver
of Alliance Laundry Systems From the Department of Energy Clothes
Washer Test Procedure and Notification of Grant of Interim Waiver

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

ACTION: Notification of petition for waiver and grant of an interim
waiver; request for comments.

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SUMMARY: This notification announces receipt of and publishes a
petition for waiver and interim waiver from Alliance Laundry Systems
(``Alliance''), which seeks a waiver for a specified residential
clothes washer basic models from the U.S. Department of Energy
(``DOE'') test procedure used for determining the efficiency of clothes
washers. DOE also gives notification of an Interim Waiver Order that
requires Alliance to test and rate the specified residential clothes
washer basic models in accordance with the alternate test procedure set
forth in the Interim Waiver Order. DOE solicits comments, data, and
information concerning Alliance's petition and its suggested alternate
test procedure to inform DOE's final decision on Alliance's waiver
request.

DATES: Written comments and information are requested and will be
accepted on or before May 1, 2023.

ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at <a href="http://www.regulations.gov">www.regulations.gov</a> under docket
number EERE-2022-BT-WAV-0027. Follow the instructions for submitting
comments. Alternatively, interested persons may submit comments,
identified by docket number EERE-2022-BT-WAV-0027, by any of the
following methods:
Email: <a href="/cdn-cgi/l/email-protection#f7b69b9b9e96999492bb96829993858ea48e8483929a84b4a0c5c7c5c5a0b6a1c7c7c5c0b79292d9939892d9909881">[email&#160;protected]</a>. Include the
case number [Case No. 2022-008] in the subject line of the message.
Postal Mail: Appliance and Equipment Standards Program, U.S.
Department of Energy, Building Technologies Office, Mailstop EE-5B,
Petition for Waiver [Case No. 2022-008], 1000 Independence Avenue SW,
Washington, DC 20585-0121. If possible, please submit all items on a
compact disc (``CD''), in which case it is not necessary to include
printed copies.
Hand Delivery/Courier: Appliance and Equipment Standards Program,
U.S. Department of Energy, Building Technologies Office, 950 L'Enfant
Plaza SW, 6th Floor, Washington, DC 20024. Telephone: (202) 287-1445.
If possible, please submit all items on a CD, in which case it is not
necessary to include printed copies.
No telefacsimiles (``faxes'') will be accepted. For detailed
instructions on submitting comments and additional information on this
process, see the SUPPLEMENTARY INFORMATION section of this document.
Docket: The docket for this activity, which includes Federal
Register notices, public meeting attendee lists and transcripts (if a
public meeting is held), comments, and other supporting documents/
materials, is available for review at <a href="http://www.regulations.gov">www.regulations.gov</a>. All
documents in the docket are listed in the <a href="http://www.regulations.gov">www.regulations.gov</a> index.
However, not all documents listed in the index may be publicly
available, such as information that is exempt from public disclosure.
The docket web page can be found at <a href="http://www.regulations.gov/docket/EERE-2022-BT-WAV-0027">www.regulations.gov/docket/EERE-2022-BT-WAV-0027</a>. The docket web page contains instructions on how
to access all documents, including public comments, in the docket.

FOR FURTHER INFORMATION CONTACT: Ms. Julia Hegarty, U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies Office, Mailstop EE-5B, 1000 Independence Avenue SW,
Washington, DC 20585-0121. Telephone: (202) 586-0729. Email:
<a href="/cdn-cgi/l/email-protection#8ccddfd3dbede5fae9fed3dee9fdf9e9fff8cce9e9a2e8e3e9a2ebe3fa">[email&#160;protected]</a>. Ms. Melanie Lampton, 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: (240) 751-5157. Email: <a href="/cdn-cgi/l/email-protection#98d5fdf4f9f6f1fdb6d4f9f5e8ecf7f6d8f0e9b6fcf7fdb6fff7ee">[email&#160;protected]</a>.

SUPPLEMENTARY INFORMATION: DOE is publishing Alliance's petition for
waiver in its entirety, pursuant to 10 CFR 430.27(b)(1)(iv).\1\ DOE is
also publishing the Interim Waiver Order granted to Alliance, which
serves as notification of DOE's determination regarding Alliance's
petition for an interim waiver, pursuant to 10 CFR 430.27(e)(3). DOE
invites all interested parties to submit in writing by May 1, 2023,
comments and information on all aspects of the petition, including the
alternate test procedure. Pursuant to 10 CFR 430.27(d), any person
submitting written comments to DOE must also send a copy of such
comments to the petitioner. The contact information for the petitioner
is Daryl Johnson, <a href="/cdn-cgi/l/email-protection#541035262d387a1e3b3c3a273b3a143538383d353a373138277a373b39">[email&#160;protected]</a>, P.O. Box 990, Shepard
Street, Ripon, WI 54971.
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\1\ The petition did not identify any of the information
contained therein as confidential business information.
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Submitting comments via <a href="http://www.regulations.gov">www.regulations.gov</a>. The
<a href="http://www.regulations.gov">www.regulations.gov</a> web page will require you to provide your name and
contact information. Your contact information will be viewable to DOE
Building Technologies staff only. Your contact information will not be
publicly viewable except for your first and last names, organization
name (if any), and submitter representative name (if any). If your
comment is not processed properly because of technical difficulties,
DOE will use this information to contact you. If DOE cannot read your
comment due to technical difficulties and cannot contact you for
clarification, DOE may not be able to consider your comment.
However, your contact information will be publicly viewable if you
include it in the comment or in any documents attached to your comment.
Any information that you do not want to be publicly viewable should not
be included in your comment, nor in any document attached to your
comment. If this instruction is followed, persons viewing comments will
see only first and last names, organization names, correspondence
containing comments, and any documents submitted with the comments.
Do not submit to <a href="http://www.regulations.gov">www.regulations.gov</a> information for which
disclosure is restricted by statute, such as trade secrets and
commercial or financial information (hereinafter referred to as
Confidential Business Information (``CBI'')). Comments submitted
through <a href="http://www.regulations.gov">www.regulations.gov</a> cannot be claimed as CBI. Comments received
through the website will waive any CBI claims for the information
submitted. For

[[Page 19292]]

information on submitting CBI, see the Confidential Business
Information section.
DOE processes submissions made through <a href="http://www.regulations.gov">www.regulations.gov</a> before
posting. Normally, comments will be posted within a few days of being
submitted. However, if large volumes of comments are being processed
simultaneously, your comment may not be viewable for up to several
weeks. Please keep the comment tracking number that <a href="http://www.regulations.gov">www.regulations.gov</a>
provides after you have successfully uploaded your comment.
Submitting comments via email, hand delivery/courier, or postal
mail. Comments and documents submitted via email, hand delivery/
courier, or postal mail also will be posted to <a href="http://www.regulations.gov">www.regulations.gov</a>. If
you do not want your personal contact information to be publicly
viewable, do not include it in your comment or any accompanying
documents. Instead, provide your contact information on a cover letter.
Include your first and last names, email address, telephone number, and
optional mailing address. The cover letter will not be publicly
viewable as long as it does not include any comments.
Include contact information each time you submit comments, data,
documents, and other information to DOE. If you submit via postal mail
or hand delivery/courier, please provide all items on a CD, if
feasible, in which case it is not necessary to submit printed copies.
Faxes will not be accepted.
Comments, data, and other information submitted to DOE
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file format. Provide documents that
are not secured, written in English and free of any defects or viruses.
Documents should not contain special characters or any form of
encryption and, if possible, they should carry the electronic signature
of the author.
Campaign form letters. Please submit campaign form letters by the
originating organization in batches of between 50 to 500 form letters
per PDF or as one form letter with a list of supporters' names compiled
into one or more PDFs. This reduces comment processing and posting
time.
Confidential Business Information. 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 via
email two well-marked copies: one copy of the document marked
confidential including all the information believed to be confidential,
and one copy of the document marked ``non-confidential'' with the
information believed to be confidential deleted. Submit these documents
via email. DOE will make its own determination about the confidential
status of the information and treat it according to its determination.
It is DOE's policy that all comments may be included in the public
docket, without change and as received, including any personal
information provided in the comments (except information deemed to be
exempt from public disclosure).

Case Number 2022-008

Interim Waiver Order

I. Authority

The Energy Policy and Conservation Act, as amended (``EPCA''),\2\
authorizes the U.S. Department of Energy (``DOE'') to regulate the
energy efficiency of a number of consumer products and certain
industrial equipment. (42 U.S.C. 6291-6317) Title III, Part B of EPCA
\3\ established the Energy Conservation Program for Consumer Products
Other Than Automobiles, which sets forth a variety of provisions
designed to improve energy efficiency for certain types of consumer
products. These products include residential clothes washers, the
subject of this document. (42 U.S.C. 6292(a)(7))
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\2\ All references to EPCA in this document refer to the statute
as amended through the Energy Act of 2020, Public Law 116-260 (Dec.
27, 2020), which reflect the last statutory amendments that impact
Parts A and A-1 of EPCA.
\3\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated as Part A.
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The energy conservation program under EPCA consists essentially of
four parts: (1) testing, (2) labeling, (3) Federal energy conservation
standards, and (4) certification and enforcement procedures. Relevant
provisions of EPCA include definitions (42 U.S.C. 6291), test
procedures (42 U.S.C. 6293), labeling provisions (42 U.S.C. 6294),
energy conservation standards (42 U.S.C. 6295), and the authority to
require information and reports from manufacturers (42 U.S.C. 6296).
The Federal testing requirements consist of test procedures that
manufacturers of covered products must use as the basis for: (1)
certifying to DOE that their products comply with the applicable energy
conservation standards adopted pursuant to EPCA (42 U.S.C. 6295(s)),
and (2) making representations about the efficiency of that product (42
U.S.C. 6293(c)). Similarly, DOE must use these test procedures to
determine whether the product complies with relevant standards
promulgated under EPCA. (42 U.S.C. 6295(s))
Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures
DOE is required to follow when prescribing or amending test procedures
for covered products. EPCA requires that any test procedures prescribed
or amended under this section must be reasonably designed to produce
test results which reflect the energy efficiency, energy use or
estimated annual operating cost of a covered product during a
representative average use cycle or period of use and requires that
test procedures not be unduly burdensome to conduct. (42 U.S.C.
6293(b)(3)) The test procedure for clothes washers is contained in the
Code of Federal Regulations (``CFR'') at 10 CFR part 430, subpart B,
appendix J2, Uniform Test Method for Measuring the Energy Consumption
of Automatic and Semi-Automatic Clothes Washers (``appendix J2'').
Under 10 CFR 430.27, any interested person may submit a petition
for waiver from DOE's test procedure requirements. DOE will grant a
waiver from the test procedure requirements if DOE determines either
that the basic model for which the waiver was requested contains a
design characteristic that prevents testing of the basic model
according to the prescribed test procedures, or that the prescribed
test procedures evaluate the basic model in a manner so
unrepresentative of its true energy consumption characteristics as to
provide materially inaccurate comparative data. 10 CFR 430.27(f)(2). A
petitioner must include in its petition any alternate test procedures
known to the petitioner to evaluate the performance of the product type
in a manner representative of the energy consumption characteristics of
the basic model. 10 CFR 430.27(b)(1)(iii). DOE may grant the waiver
subject to conditions, including adherence to alternate test
procedures. 10 CFR 430.27(f)(2).
As soon as practicable after the granting of any waiver, DOE will
publish in the Federal Register a notice of proposed rulemaking to
amend its regulations so as to eliminate any need for the continuation
of such waiver. 10 CFR 430.27(l). As soon thereafter as practicable,
DOE will publish in the Federal Register a final rule to that effect.
Id.
The waiver process also provides that DOE may grant an interim
waiver if it appears likely that the underlying petition for waiver
will be granted and/or if DOE determines that it would be desirable for
public policy reasons to grant immediate relief pending a

[[Page 19293]]

determination on the underlying petition for waiver. 10 CFR
430.27(e)(3). Within one year of issuance of an interim waiver, DOE
will either: (i) publish in the Federal Register a determination on the
petition for waiver; or (ii) publish in the Federal Register a new or
amended test procedure that addresses the issues presented in the
waiver. 10 CFR 430.27(h)(1).
If the interim waiver test procedure methodology is different than
the decision and order test procedure methodology, certification
reports to DOE required under 10 CFR 429.12 and any representations
must be based on either of the two methodologies until 180 days after
the publication date of the decision and order. Thereafter,
certification reports and any representations must be based on the
decision and order test procedure methodology, unless otherwise
specified by DOE. 10 CFR 430.27(i)(1). When DOE amends the test
procedure to address the issues presented in a waiver, the waiver or
interim waiver will automatically terminate on the date on which use of
that test procedure is required to demonstrate compliance. 10 CFR
429.27(h)(3).

II. Background

On June 1, 2022, DOE published a final rule (``June 2022 Final
Rule'') amending DOE's clothes washer test procedures prescribed at 10
CFR part 430, subpart B, appendix J2. 87 FR 33316. Appendix J2 is
currently required for use to demonstrate compliance with the currently
applicable energy conservation standards. The June 2022 Final Rule also
established a new test procedure at 10 CFR part 430, subpart B,
appendix J (``appendix J''). Use of appendix J is not required until
the compliance date of any energy conservation standards amended based
on the test procedure in appendix J, should such amendments be adopted.
Prior to the amendments promulgated by the June 2022 Final Rule,
section 1 of appendix J2 defined an automatic WFCS as ``a clothes
washer water fill control system that does not allow or require the
user to determine or select the water fill level, and includes adaptive
water fill control systems and fixed water fill control systems.'' A
fixed WFCS was defined as ``a clothes washer automatic water fill
control system that automatically terminates the fill when the water
reaches an appropriate level in the clothes container;'' \4\ and an
adaptive WFCS was defined as ``a clothes washer automatic water fill
control system that is capable of automatically adjusting the water
fill level based on the size or weight of the clothes load placed in
the clothes container.'' Prior to the amendments promulgated by the
June 2022 Final Rule, appendix J2 did not provide an explicit
definition for user-adjustable automatic WFCS; however, section
3.2.6.2.2 of appendix J2 specified that a user-adjustable automatic
WFCS ``affect[s] the relative wash water levels.'' Section 3.2.6.2.2
also specified the testing provisions applicable to clothes washers
with a user-adjustable automatic WFCS.\5\
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\4\ In the June 2022 Final Rule, DOE amended the definition of
fixed WFCS to mean ``a clothes washer automatic water fill control
system that automatically terminates the fill when the water reaches
a pre-defined level that is not based on the size or weight of the
clothes load placed in the clothes container, without allowing or
requiring the user to determine or select the water fill level.'' 87
FR 33316, 33358, 33396.
\5\ Specifically, section 3.2.6.2.2 of appendix J2 (prior to the
amendments promulgated by the June 2022 Final Rule) specified that
on clothes washers with a user-adjustable automatic WFCS, four tests
are conducted: (1) using the maximum test load and the WFCS set in
the setting that gives the most energy intensive result, (2) using
the minimum test load and the WFCS set in the setting that that
gives the most energy intensive result, (3) using the average test
load and the WFCS set in the setting that that gives the most energy
intensive result, and (4) using the average test load and the WFCS
set in the setting that that gives the most energy intensive result.
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In the June 2022 Final Rule, DOE established a more explicit
definition of a user-adjustable adaptive WFCS as ``a clothes washer
fill control system that allows the user to adjust the amount of water
that the machine provides, which is based on the size or weight of the
clothes load placed in the clothes container.'' \6\ 87 FR 33316, 33358,
33396. In conjunction with this change, DOE amended all instances of
the term ``user-adjustable automatic'' to instead read ``user-
adjustable adaptive.'' \7\ Id. As a result of this change in
terminology, the testing provisions at section 3.2.6.2.2 in appendix J2
as amended by the June 2022 Final Rule apply only to clothes washers
with a user-adjustable adaptive WFCS, rather than a user-adjustable
automatic WFCS (i.e., the provisions at section 3.2.6.2.2 no longer
accommodate a user-adjustable fixed WFCS).
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\6\ In the notice of proposed rulemaking preceding the June 2022
Final Rule, DOE had proposed to establish this definition for the
term user-adjustable automatic WFCS [emphasis added]. 86 FR 49140,
49181 (Sep. 1, 2021). In response to this proposal, DOE received a
comment stating that the proposed definition--by referencing that
the amount of water is adjusted based on the size or weight of the
clothes load placed in the clothes container--would include only
user-adjustable adaptive WFCSs and not user-adjustable fixed WFCSs
(since fixed WFCSs do not adjust the amount of water based on the
size or weight of the clothing load). 87 FR 33316, 33358.
\7\ In the June 2022 Final Rule, DOE posited that that a WFCS
that provides user-adjustable fixed fill water levels would
essentially be a manual WFCS, in the sense that a manual fill WFCS
automatically terminates the fill when the water reaches the level
in the clothes container corresponding to the level select by the
user (i.e., a ``fixed'' water level that is not automatically
determined based on the size or weight of the clothes load and is
selectable (i.e., adjustable) by the user). 87 FR 33316, 33358-
33359.
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III. Alliance's Petition for Waiver and Interim Waiver

On October 28, 2022, DOE received from Alliance a petition for
waiver and interim waiver from the test procedure for clothes washers
set forth at 10 CFR part 430, subpart B, appendix J2.\8\ (Alliance, No.
1 at p. 1) \9\ Pursuant to 10 CFR 430.27(e)(1), DOE posted the petition
on the DOE website, at: <a href="http://www.energy.gov/eere/buildings/current-test-procedure-waivers#Clothes%20Washers">www.energy.gov/eere/buildings/current-test-procedure-waivers#Clothes%20Washers</a>. The petition did not identify any
of the information contained therein as confidential business
information.
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\8\ The specific basic models for which the petition applies are
Speed Queen R16 and Huebsch R16. These basic model names were
provided by Alliance in its October 28, 2022, petition.
\9\ A notation in this form provides a reference for information
that is in the docket for this test procedure waiver (Docket No.
EERE-2022-BT-WAV-0027) (available at <a href="http://www.regulations.gov/document/EERE-2022-BT-WAV-0027-0001">www.regulations.gov/document/EERE-2022-BT-WAV-0027-0001</a>). This notation indicates that the
statement preceding the reference is document number 1 in the docket
and appears at page 1 of that document.
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In its petition for waiver and interim waiver, Alliance asserts
that the change in wording from user-adjustable automatic WFCS to user-
adjustable adaptive WFCS in the appendix J2 test procedure as finalized
in the June 2022 Final Rule results in a lack of instruction as to how
to test clothes washer basic models from Alliance that have a user-
adjustable fixed WFCS. (Alliance, No. 1 at p. 1)
As presented in Alliance's petition, the specified basic models
have a fixed WFCS and also have a ``Deep Fill'' button that allows the
user to adjust the relative water level for each cycle. (Id.) Alliance
stated that the specified basic models met the definition of a ``user-
adjustable automatic water fill control system,'' as defined in
appendix J2 prior to the June 2022 Final Rule. (Id.) Alliance noted
that since the term was changed to be ``user-adjustable adaptive water
fill control system'' in the June 2022 Final Rule, the specified basic
models are no longer included in the definition. (Id.) \10\
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\10\ New appendix J, which will be required for use at the time
of any potential amended standards, resolves this issue by not
differentiating test provisions by type of WFCS. If granted, this
waiver would apply only to appendix J2 testing.

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[[Page 19294]]

As discussed in the following section of this document, Alliance
requested a waiver that would reinstate testing instructions for
clothes washers with a user-adjustable fixed WFCS.
Alliance also requested an interim waiver from the existing DOE
test procedure, explaining that if DOE were to deny its application for
waiver and interim waiver, its affected models would need to be taken
off the market, resulting in the loss of around 40 percent of
Alliance's retail top-loading clothes washer sales and accompanying
clothes dryers. (Id. at p. 2) DOE will grant an interim waiver if it
appears likely that the petition for waiver will be granted, and/or if
DOE determines that it would be desirable for public policy reasons to
grant immediate relief pending a determination of the petition for
waiver. 10 CFR 430.27(e)(3).

IV. Requested Alternate Test Procedure

EPCA requires that manufacturers use DOE test procedures when
making representations about the energy consumption and energy
consumption costs of covered products. (42 U.S.C. 6293(c)) Consistency
is important when making representations about the energy efficiency of
covered products, including when demonstrating compliance with
applicable DOE energy conservation standards. Pursuant to 10 CFR
430.27, and after consideration of public comments on the petition, DOE
may establish in a subsequent Decision and Order an alternate test
procedure for the basic models addressed by the Interim Waiver Order.
Alliance seeks to use an alternate test procedure to test and rate
its clothes washer basic models subject to its petition. The alternate
test procedure requested by Alliance would apply the provisions
specified in section 3.2.6.2.2 of appendix J2 (as amended by the June
2022 Final Rule) for a user-adjustable adaptive WFCS to Alliance's
models with a user-adjustable fixed WFCS.\11\ These provisions are
consistent with the provisions in section 3.2.6.2.2 of appendix J2
(prior to the June 2022 Final Rule) that were previously applicable to
models with a user-adjustable fixed WFCS. (Alliance, No. 1 at pp. 1-2)
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\11\ Specifically, section 3.2.6.2.2 of appendix J2 as amended
by the June 2022 Final Rule specifies the following test provisions
for clothes washers with a user-adjustable adaptive WFCS: Conduct
four tests on clothes washers with user-adjustable adaptive water
fill controls. Conduct the first test using the maximum test load
and with the adaptive water fill control system set in the setting
that uses the most water. Conduct the second test using the minimum
test load and with the adaptive water fill control system set in the
setting that uses the least water. Conduct the third test using the
average test load and with the adaptive water fill control system
set in the setting that uses the most water. Conduct the fourth test
using the average test load and with the adaptive water fill control
system set in the setting that uses the least water. Average the
results of the third and fourth tests to obtain the energy and water
consumption values for the average test load size.
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In its petition, Alliance asserted that testing provisions
specified in appendix J2 as amended by the June 2022 Final Rule for a
clothes washer with a user-adjustable adaptive WFCS would provide
results that most represent real water and energy characteristics of
the basic models subject to its petition because these provisions
reflect how the end user would interact with these products, which
would be the same as for other manufacturers' models that also include
a deep fill option and are tested using this method. Additionally,
Alliance asserted that this method would require half of the test runs
to be run with deep fill off and half with deep fill on, such that the
water usage for all possible settings that affect water level in the
DOE test cycle would be tested and factored into the final result. (Id.
at p. 2)

V. Interim Waiver Order

DOE has reviewed Alliance's application for an interim waiver, the
alternate test procedure requested by Alliance, and the control panel
and user manual of the basic models subject to the petition as well as
control panels and user manuals of other clothes washer models on the
market with similar ``Deep Fill'' type options, but which have a user-
adjustable adaptive WFCS.\12\
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\12\ The user manual for an individual model concerned by the
waiver request is available at <a href="http://docs.alliancelaundry.com/tech_pdf/Production/204807en.pdf">docs.alliancelaundry.com/tech_pdf/Production/204807en.pdf</a>. User manuals for other models with ``Deep
Fill'' options are available at <a href="http://products.geappliances.com/MarketingObjectRetrieval/Dispatcher?RequestType=PDF&Name=49-3000255-2.pdf&_ga=2.25206205.1455460763.1668610312-280138474.1643989292">products.geappliances.com/MarketingObjectRetrieval/Dispatcher?RequestType=PDF&Name=49-3000255-2.pdf&_ga=2.25206205.1455460763.1668610312-280138474.1643989292</a> and
<a href="http://www.maytag.com/content/dam/global/documents/201910/owners-manual-w11197727-reva.pdf">www.maytag.com/content/dam/global/documents/201910/owners-manual-w11197727-reva.pdf</a>.
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DOE's review of these materials indicates that the basic models
subject to this petition provide the same user interface and
implementation of the ``Deep Fill'' setting as other models with a
user-adjustable adaptive WFCS, suggesting that consumer usage of this
feature on the Alliance basic models would be similar to the consumer
usage of the deep fill feature on other clothes washer models with a
user-adjustable adaptive WFCS. Given this comparison, DOE has initially
determined that testing the basic models subject to Alliance's petition
using the alternate test procedure requested by Alliance would evaluate
the performance of these basic models in a manner representative of the
basic models' energy and water consumption characteristics.
In summary, DOE has initially determined that the alternate test
procedure appears to allow for the accurate measurement of the
efficiency of the specified basic models, while alleviating the testing
problems cited by Alliance in implementing the DOE test procedure for
these basic models. Consequently, DOE has determined that Alliance's
petition for waiver likely will be granted. Furthermore, DOE has
determined that it is desirable for public policy reasons to grant
Alliance immediate relief pending a determination of the petition for
waiver.
For the reasons stated, it is ordered that:
(1) Alliance must test and rate the following residential clothes
washer basic models with the alternate test procedure set forth in
paragraph (2).

------------------------------------------------------------------------
Basic
Brand model
------------------------------------------------------------------------
Speed Queen.................................................. R16
Huebsch...................................................... R16
------------------------------------------------------------------------

(2) The alternate test procedure for the Alliance basic models
identified in paragraph (1) of this Interim Waiver Order is the test
procedure for clothes washers prescribed by DOE at 10 CFR part 430,
subpart B, appendix J2, using the provisions specified in section
3.2.6.2.2 of appendix J2 for a clothes washer with a user-adjustable
adaptive WFCS. All other requirements of appendix J2 and DOE's
regulations remain applicable.
(3) Representations. Alliance may not make representations about
the efficiency of a basic model listed in paragraph (1) of this Interim
Waiver Order for compliance, marketing, or other purposes unless that
basic model has been tested in accordance with the provisions set forth
in this alternate test procedure and such representations fairly
disclose the results of such testing.
(4) This Interim Waiver Order shall remain in effect according to
the provisions of 10 CFR 430.27.
(5) This Interim Waiver Order is issued on the condition that the
statements, representations, test data, and documentary materials
provided by Alliance are valid. If Alliance makes any modifications to
the controls or configurations of a basic model subject to this Interim
Waiver Order, such modifications will render the waiver

[[Page 19295]]

invalid with respect to that basic model, and Alliance will either be
required to use the current Federal test method or submit a new
application for a test procedure waiver. DOE may rescind or modify this
waiver at any time if it determines the factual basis underlying the
petition for the Interim Waiver Order is incorrect, or the results from
the alternate test procedure are unrepresentative of the basic model's
true energy consumption characteristics. 10 CFR 430.27(k)(1). Likewise,
Alliance may request that DOE rescind or modify the Interim Waiver
Order if Alliance discovers an error in the information provided to DOE
as part of its petition, determines that the interim waiver is no
longer needed, or for other appropriate reasons. 10 CFR 430.27(k)(2).
(6) Issuance of this Interim Waiver Order does not release Alliance
from the applicable requirements set forth at 10 CFR part 429.
DOE makes decisions on waivers and interim waivers for only those
basic models specifically set out in the petition, not future models
that may be manufactured by the petitioner. Alliance may submit a new
or amended petition for waiver and request for grant of interim waiver,
as appropriate, for additional basic models of clothes washers.
Alternatively, if appropriate, Alliance may request that DOE extend the
scope of a waiver or an interim waiver to include additional basic
models employing the same technology as the basic model(s) set forth in
the original petition consistent with 10 CFR 430.27(g).

Signing Authority

This document of the Department of Energy was signed on March 28,
2023, by Francisco Alejandro Moreno, Acting Assistant Secretary for
Energy Efficiency and Renewable Energy, pursuant to delegated authority
from the Secretary of Energy. That document with the original signature
and date is maintained by DOE. For administrative purposes only, and in
compliance with requirements of the Office of the Federal Register, the
undersigned DOE Federal Register Liaison Officer has been authorized to
sign and submit the document in electronic format for publication, as
an official document of the Department of Energy. This administrative
process in no way alters the legal effect of this document upon
publication in the Federal Register.

Signed in Washington, DC, on March 28, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
October 28, 2022
Julia Hegarty
<a href="/cdn-cgi/l/email-protection#2a6b79757d4b435c4f5875784f5b5f4f595e596a4f4f044e454f044d455c">[email&#160;protected]</a>
Re: Waiver Petition
On behalf of Alliance Laundry Systems, I would like to submit this
petition for waiver and interim waiver for our R16 basic model of
clothes washer. Please see the items below for the information required
for this petition.
1. Identify the particular basic model(s) for which a waiver is
requested.
a. The requested waiver will cover models included in Alliance
Laundry Systems basic model R16.
2. Brand names under which the identified basic model(s) will be
distributed in commerce.
a. These models are distributed under the Speed Queen and Huebsch
brand names.
3. Design characteristic(s) constituting the grounds for the
petition.
a. This basic model has a user adjustable ``automatic'' water fill
control system, rather than a user adjustable ``adaptive'' water fill
control system as redefined in the amended J2 procedure which machines
must be tested to starting November 28, 2022.
4. Specific requirements sought to be waived.
a. Requesting that the requirement to meet the definition of user
adjustable ``adaptive'' water fill control system as redefined in the
amended J2 test procedure effective July 1, 2022 is waived, and allow
this basic model to continue being testing as a user adjustable
``automatic'' water fill control system until the next standards
revision.
5. Discuss in detail the need for the requested waiver.
a. The amended test J2 test procedure with effective date of July
1, 2022 would make a small change in wording that would have a profound
effect for the Alliance R16 basic model of clothes washer. The Alliance
washer has a fixed fill system, and also has a ``Deep Fill'' button
that allows the user to adjust the relative water level for each cycle.
This fits within the current test procedure applicable to a ``user-
adjustable automatic water fill control system.'' See current 10 CFR
part 430, subpart B, App. J2 (Uniform Test Method for Measuring the
Energy Consumption of Automatic and Semi-automatic Clothes Washers),
Sec. 3.2.6.2. The definition in the amended version of J2 would make a
material change by changing ``automatic'' to ``adaptive'' (``user-
adjustable adaptive water fill control system''). It appears that this
change could exclude the Alliance washer from the new definition
``user-adjustable adaptive water fill control system.'' For the new
Appendix J there is a clear definition (Table III.2) that would move
this product into the category of a ``manual fill'', but there is not a
new definition for this type of WFCS in the amended J2.
6. Identify manufacturers of all other basic models distributed in
commerce in the United States and known to the petitioner to
incorporate design characteristic(s) similar to those found in the
basic model that is the subject of the petition.
a. Samsung, Whirlpool, LG, GE all have models which use a ``Deep
Fill'' modifier button to add more water relative to the default fill
level, but most of them would likely still fit the revised definition
of user adjustable adaptive WFCS. The user interacts with these
products in the same way as they would with our R16 basic model with
``Deep Fill'' option. However, without testing the competitor's models
there is no way to know if they are fixed fill or adaptive fill.
7. Include any alternate test procedures known to the petitioner to
evaluate the performance of the product type in a manner representative
of the energy and/or water consumption characteristics of the basic
model.
a. We believe that the procedure described in the amended J2 for a
user adjustable adaptive WFCS would provide results that most represent
real water and energy characteristics of this basic model, for the
reasons shown below.
i. Reflects how the end user would interact with this product,
which is the same as with other manufacturers models that also include
a deep fill option and are tested using this method.
ii. Requires half of the test runs to be done with deep fill off
and half with it turned on, so water usage for all possible settings
that affect water level in the DOE test cycle are being tested and
factored into the final result with equal weighting.
iii. The default fill level on this product is a fixed fill, which
is still classified as an automatic fill system in the amended J2
procedure, and the deep fill option adjusts the water level relative to
the default level. There are no manually selectable small, medium, or
large load sizes.
iv. Selecting the deep fill option only changes the water level
relative to the

[[Page 19296]]

default level. It does not add any additional hot water, increase wash
time, or change the cycle in any other way that would have a noticeable
effect on energy usage of this product.
8. Each petition for interim waiver must reference the related
petition for waiver.
a. Not applicable.
9. Demonstrate likely success of the petition for waiver and
interim waiver, and address what economic hardship and/or competitive
disadvantage is likely to result absent a favorable determination on
the petition for waiver and interim waiver.
a. The amended J2 test procedure does not have a clear definition
for testing a user adjustable fixed WFCS. Based on other similar
products on the market that have a Deep Fill option and the fact that
our R16 basic model interacts with the user in the same manner, we
believe that testing using the procedure defined for user adjustable
adaptive WFCS is appropriate for this product. If the waiver were to be
denied and our R16 basic model had to be taken off the market, it would
result in the loss of about 40% of our retail top load washer sales and
the accompanying dryers.

Sincerely,
/s/
Daryl T. Johnson,
Manager--Small Chassis Engineering.

[FR Doc. 2023-06750 Filed 3-30-23; 8:45 am]
BILLING CODE 6450-01-P

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