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[Federal Register Volume 76, Number 221 (Wednesday, November 16, 2011)]
[Notices]
[Pages 70996-70999]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-29596]

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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. CW-020]

Decision and Order Granting a Waiver to Samsung 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.

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SUMMARY: The U.S. Department of Energy (DOE) gives notice of the 
decision and order (Case No. CW-020) that grants to Samsung Electronics 
America, Inc. (Samsung) a waiver from the DOE clothes washer test 
procedure for determining the energy consumption of clothes washers for 
the basic models set forth in its petition for waiver. Under today's 
decision and order, Samsung shall be required to test and rate these 
clothes washers using an alternate test

[[Page 70997]]

procedure that takes the large capacities into account when measuring 
energy consumption.

DATES: This Decision and Order is effective November 16, 2011.

FOR FURTHER INFORMATION CONTACT: Dr. Michael G. Raymond, U.S. 
Department of Energy, Building Technologies Program, Mailstop EE-2J, 
1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone: 
(202) 586-9611, Email: Michael.Raymond@ee.doe.gov.
    Elizabeth Kohl, U.S. Department of Energy, Office of the General 
Counsel, Mail Stop GC-71, 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(l)), DOE gives notice of the 
issuance of its decision and order as set forth below. The decision and 
order grants Samsung a waiver from the applicable clothes washer test 
procedure in 10 CFR part 430, subpart B, appendix J1 for certain basic 
models of clothes washers with capacities greater than 3.8 cubic feet, 
provided that Samsung tests and rates such products using the alternate 
test procedure described in this notice. Today's decision prohibits 
Samsung from making representations concerning the energy efficiency of 
these products unless the product has been tested consistent with the 
provisions and restrictions in the alternate test procedure set forth 
in the decision and order below, and the representations fairly 
disclose the test results. Distributors, retailers, and private 
labelers are held to the same standard when making representations 
regarding the energy efficiency of these products. 42 U.S.C. 6293(c).

    Issued in Washington, DC, on November 8, 2011.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

Decision and Order

    In the Matter of: Samsung Electronics America, Inc. (Case No. CW-
020).

I. Background and Authority

    Title III, Part B of the Energy Policy and Conservation Act of 1975 
(EPCA), Public Law 94-163 (42 U.S.C. 6291-6309, as codified) 
established the Energy Conservation Program for Consumer Products Other 
Than Automobiles, a program covering most major household appliances, 
which includes the residential clothes washers that are the focus of 
this notice.\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 which measure energy efficiency, 
energy use, or estimated operating costs, and that are not unduly 
burdensome to conduct. (42 U.S.C. 6293(b)(3)) The test procedure for 
automatic and semi-automatic clothes washers is set forth in 10 CFR 
part 430, subpart B, appendix J1.
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    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part B was re-designated Part A.
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    DOE's regulations for covered products contain provisions allowing 
a person to seek a waiver from the test procedure requirements for a 
particular basic model for covered consumer products when (1) the 
petitioner's basic model for which the petition for waiver was 
submitted contains one or more design characteristics that prevent 
testing according to the prescribed test procedure, or (2) when 
prescribed test procedures may evaluate the basic model in a manner so 
unrepresentative of its true energy consumption characteristics as to 
provide materially inaccurate comparative data. 10 CFR 430.27(a)(1). 
Petitioners must include in their petition any alternate test 
procedures known to the petitioner to evaluate the basic model in a 
manner representative of its energy consumption characteristics. 10 CFR 
430.27(b)(1)(iii).
    The Assistant Secretary for Energy Efficiency and Renewable Energy 
(the Assistant Secretary) may grant a waiver subject to conditions, 
including adherence to alternate test procedures. 10 CFR 430.27(l). 
Waivers remain in effect pursuant to the provisions of 10 CFR 
430.27(m).
    Any interested person who has submitted a petition for waiver may 
also file an application for interim waiver of the applicable test 
procedure requirements. 10 CFR 430.27(a)(2). The Assistant Secretary 
will grant an interim waiver request if it is determined that the 
applicant will experience economic hardship if the interim waiver is 
denied, if it appears likely that the petition for waiver will be 
granted, and/or the Assistant Secretary determines that it would be 
desirable for public policy reasons to grant immediate relief pending a 
determination on the petition for waiver. 10 CFR 430.27(g).
    On December 23, 2010, DOE issued enforcement guidance for large-
capacity clothes washers. This guidance can be found on DOE's Web site 
at http://energy.gov/sites/prod/files/gcprod/documents/LargeCapacityRCW_guidance_122210.pdf.

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

    On June 20, 2011, Samsung submitted the instant petition for waiver 
and application for interim waiver (petition) from the test procedure 
applicable to automatic and semi-automatic clothes washers set forth in 
10 CFR part 430, subpart B, appendix J1. Samsung requested a waiver to 
test specified basic models of its residential clothes washers with 
basket volumes greater than 3.8 cubic feet on the basis of the test 
procedures contained in 10 CFR part 430, Subpart B, Appendix J1, with a 
revised Table 5.1 which extends the range of container volumes beyond 
3.8 cubic feet. Samsung's instant petition and DOE's grant of interim 
waiver were published in the Federal Register on August 8, 2011. 76 FR 
48149. DOE received no comments on the Samsung petition.
    Samsung's petition seeks a waiver from the DOE test procedure 
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 3.8 cubic feet. The basic models specified in 
Samsung's February 2011 petition have capacities larger than 3.8 cubic 
feet. In addition, if the current maximum test load mass is used to 
test these products, the tested energy use would be less than the 
actual energy usage and could evaluate the basic model in a manner so 
unrepresentative of its true energy consumption characteristics as to 
provide materially inaccurate comparative data.
    Table 5.1 of Appendix J1 defines the test load sizes used in the 
test procedure as linear functions of the basket volume. Samsung 
requests that DOE grant a waiver for testing and rating based on a 
revised Table 5.1, the same table as set forth in the waiver granted to 
Samsung on March 10, 2011 (76 FR 13169). The table is identical to the 
Table 5.1 found in DOE's clothes washer test procedure Notice of 
Proposed Rulemaking (NOPR). 75 FR 57556 (Sept. 21, 1010).
    As DOE has stated in the past, it is in the public interest to have 
similar products tested and rated for energy consumption on a 
comparable basis. Previously, DOE granted a test procedure waiver to 
Whirlpool for three of Whirlpool's clothes washer models with container 
capacities greater than 3.8 cubic feet. 75 FR 69653 (Nov. 15, 2010). 
This notice contained an alternate test procedure, which

[[Page 70998]]

extended the linear relationship between maximum test load size and 
clothes washer container volume in Table 5.1 to include a maximum test 
load size of 15.4 pounds (lbs) for clothes washer container volumes of 
3.8 to 3.9 cubic feet. This test procedure was set forth in DOE's 
September 2010 NOPR. On December 10, 2010, DOE granted a similar waiver 
to General Electric Company (GE), which used the same alternate test 
procedure. 75 FR 76968. DOE has also granted waivers to Electrolux (76 
FR 11440 (Mar. 2, 2011)), LG (76 FR 11233 (Mar. 1, 2011)) and Samsung 
(76 FR 13169 (Mar. 10, 2011); 76 FR 50207 (Aug. 12, 2011)).
    DOE notes that its recently issued supplemental proposed rule 
(http://www.eere.energy.gov/buildings/appliance_standards/residential/pdfs/rcw_tp_snopr.pdf) to amend the test procedures for clothes 
washers makes slight adjustments to Table 5.1 to correct for rounding 
errors. The alternate test procedure set forth in this decision and 
order adopts this updated table. (76 FR 49238, Aug. 9, 2011).

III. Consultations With Other Agencies

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

IV. Conclusion

    After careful consideration of all the material that was submitted 
by Samsung, the waivers granted to Whirlpool, GE, LG and Electrolux, as 
well as previously to Samsung, the clothes washer test procedure 
rulemaking, and consultation with the FTC staff, it is ordered that:
    (1) The petition for waiver submitted by the Samsung Electronics 
America, Inc. (Case No. CW-020) is hereby granted as set forth in the 
paragraphs below.
    (2) Samsung shall be required to test and rate the following 
Samsung models according to the alternate test procedure set forth in 
paragraph (3) below.
WF501* * *
    (3) Samsung shall be required to test the products listed in 
paragraph (2) above according to the test procedures for clothes 
washers prescribed by DOE at 10 CFR part 430, appendix J1, except that 
the expanded Table 5.1 below shall be substituted for Table 5.1 of 
appendix J1.

                                                               Table 5.1--Test Load Sizes
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                    Container volume                               Minimum load                    Maximum load                    Average load
--------------------------------------------------------------------------------------------------------------------------------------------------------
                 cu. ft.                       liter
---------------------------------------------------------       lb              kg              lb              kg              lb              kg
                  >= =  0.10 lbs (0.05 kg).

    (4) Representations. Samsung may make representations about the 
energy use of its clothes washer products for compliance, marketing, or 
other purposes only to the extent that such products have been tested 
in accordance with the provisions outlined above and such 
representations fairly disclose the results of such testing.
    (5) This waiver shall remain in effect consistent with the 
provisions of 10 CFR 430.27(m).
    (6) This waiver is issued on the condition that the statements, 
representations, and documentary materials provided by the petitioner 
are valid. DOE may revoke or modify this waiver at any time if it 
determines the factual basis underlying the petition for waiver is 
incorrect, or the results from the alternate test procedure are 
unrepresentative of the basic models' true energy consumption 
characteristics.
    (7) This waiver applies only to those basic models set out in 
Samsung's June 20, 2011 petition for waiver. Grant of this waiver does 
not release a petitioner from the certification requirements set forth 
at 10 CFR part 429.

Issued in Washington, DC, on November 8, 2011.

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Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency 
and Renewable Energy.

\[FR Doc. 2011-29596 Filed 11-15-11; 8:45 am]
BILLING CODE 6450-01-P
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