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[Federal Register Volume 76, Number 152 (Monday, August 8, 2011)]
[Notices]
[Pages 48149-48152]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-20015]

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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. CW-020]

Notice of Petition for Waiver of Samsung Electronics America, 
Inc. From the Department of Energy Residential Clothes Washer Test 
Procedure, and Grant of Interim Waiver

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

ACTION: Notice of petition for waiver, notice of grant of interim 
waiver, and request for comments.

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SUMMARY: This notice announces receipt of and publishes the Samsung 
Electronics America, Inc. (Samsung) petition for waiver and application 
for interim waiver (hereafter, ``petition'') from specified portions of 
the U.S. Department of Energy (DOE) test procedure for determining the 
energy consumption of clothes washers. Today's notice also grants an 
interim waiver of the clothes washer test procedure. Through this 
notice, DOE also solicits comments with respect to the Samsung 
petition.

DATES: DOE will accept comments, data, and information with respect to 
the Samsung petition until September 7, 2011.

ADDRESSES: You may submit comments, identified by case number CW-020, 
by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     E-mail: AS_Waiver_Requests@ee.doe.gov Include ``Case No. 
CW-020'' in the subject line of the message.
     Mail: Ms. Brenda Edwards, U.S. Department of Energy, 
Building Technologies Program, Mailstop EE-2J/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, U.S. Department 
of Energy, Building Technologies Program, 950 L'Enfant Plaza, SW., 
Suite 600, Washington, DC 20024. Please submit one signed original 
paper copy.
    Instructions: All submissions received should include the agency 
name and case number for this proceeding. Submit electronic comments in 
WordPerfect, Microsoft Word, Portable Document Format (PDF), or text 
(American Standard Code for Information Interchange (ASCII)) file 
format and avoid the use of special characters or any form of 
encryption. Wherever possible, include the electronic signature of the 
author. DOE does not accept telefacsimiles (faxes).
    Any person submitting written comments must also send a copy to the 
petitioner, pursuant to 10 CFR 430.27(d). The contact information for 
the petitioner is: Michael Moss, Director of Corporate Environmental 
Affairs, Samsung Electronics America, Inc., 18600 Broadwick Street, 
Rancho Dominguez, CA 90220.
    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 to DOE: 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. DOE will make its own determination about the confidential 
status of the information and treat it according to its determination.
    Factors of interest to DOE when evaluating requests to treat 
submitted information as confidential include: (1) A description of the 
items; (2) whether and why such items are customarily treated as 
confidential within the industry; (3) whether the information is 
generally known by or available from other sources; (4) whether the 
information has previously been made available to others without 
obligation concerning its confidentiality; (5) an explanation of the 
competitive injury to the submitting person which would result from 
public disclosure; (6) a date upon which such information might lose 
its confidential nature due to the passage of time; and (7) why 
disclosure of the information would be contrary to the public interest.
    Docket: For access to the docket to review the background documents 
relevant to this matter, you may visit the U.S. Department of Energy, 
950 L'Enfant Plaza, SW., (Resource Room of the Building Technologies 
Program), Washington, DC 20024; (202) 586-2945, between 9 a.m. and 4 
p.m., Monday through Friday, except Federal holidays. Available 
documents include the following items: (1) This notice; (2) public 
comments received; (3) the petition for waiver and application for 
interim waiver; and (4) prior DOE waivers and rulemakings regarding 
similar clothes washer products. Please call Ms. Brenda Edwards at the 
above telephone number for additional information regarding visiting 
the Resource Room.

FOR FURTHER INFORMATION CONTACT:
Dr. Michael G. Raymond, U.S. Department of Energy, Building 
Technologies Program, Mail Stop EE-2J, Forrestal Building, 1000 
Independence Avenue, SW., Washington, DC 20585-0121. Telephone: (202) 
586-9611. E-mail: Michael.Raymond@ee.doe.gov.
Ms. Elizabeth Kohl, U.S. Department of Energy, Office of the General 
Counsel, Mail Stop GC-71, Forrestal Building, 1000 Independence Avenue, 
SW., Washington, DC 20585-0103. Telephone: (202) 586-7796. E-mail: 
Elizabeth.Kohl@hq.doe.gov.

SUPPLEMENTARY INFORMATION:

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 clothes washers that are the focus of this 
notice.\1\ Part B includes definitions, test procedures, labeling 
provisions, energy conservation

[[Page 48150]]

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 contained 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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    The regulations set forth in 10 CFR part 430.27 contain provisions 
that enable a person to seek a waiver from the test procedure 
requirements for covered consumer products. A waiver will be granted by 
the Assistant Secretary for Energy Efficiency and Renewable Energy (the 
Assistant Secretary) if it is determined 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(l). 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. 10 CFR 430.27(b)(1)(iii). The Assistant Secretary may 
grant the 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).
    The waiver process also allows the Assistant Secretary to grant an 
interim waiver from test procedure requirements to manufacturers that 
have petitioned DOE for a waiver of such prescribed test procedures. 10 
CFR 430.27(a)(2). An interim waiver remains in effect for 180 days or 
until DOE issues its determination on the petition for waiver, 
whichever is sooner. DOE may extend an interim waiver for an additional 
180 days. 10 CFR 430.27(h).
    On December 23, 2010, DOE issued enforcement guidance on the 
application of waivers for large-capacity clothes washers and announced 
steps to improve the waiver process and refrain from certain 
enforcement actions. This guidance can be found on DOE's Web site at 
http://www.gc.energy.gov/1661.htm.

II. Application for Interim Waiver and Petition for Waiver

    On July 20, 2010, Samsung filed a petition for waiver and 
application for interim waiver from the test procedure applicable to 
automatic and semi-automatic clothes washers set forth in 10 CFR part 
430, subpart B, appendix J1. In particular, Samsung requested a waiver 
to test its clothes washers for certain specified basic models with 
basket volumes greater than 3.8 cubic feet on the basis of the 
aforementioned residential test procedures, using a revised Table 5.1 
which extends the range of container volumes beyond 3.8 cubic feet. 
This petition was granted on March 10, 2011. 76 FR 13169. On February 
11, 2011, Samsung filed an additional petition for waiver and 
application for interim waiver to expand the number of models subject 
to the alternative test procedure set forth in the company's July 2010 
petition for waiver. The interim waiver was granted on April 19, 2011. 
76 FR 21881. Samsung filed the instant petition for waiver for 
additional products on June 20, 2011.
    Samsung's current 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. In its petition, 
Samsung seeks a waiver for the specified basic models with capacities 
greater than 3.8 cubic feet.
    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 (September 21, 1010), which was 
altered slightly (to correct rounding errors) by the supplemental 
proposed rule issued on July 26, 2011 http://www.eere.energy.gov/buildings/appliance_standards/residential/pdfs/rcw_tp_snopr.pdf.
    An interim waiver may be granted if it is determined that the 
applicant will experience economic hardship if the application for 
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 of the petition for waiver. (10 CFR 
430.27(g)).
    DOE has determined that Samsung's application for interim waiver 
does not provide sufficient market, equipment price, shipments, and 
other manufacturer impact information to permit DOE to evaluate the 
economic hardship Samsung might experience absent a favorable 
determination on its application for interim waiver. Previously, 
however, DOE granted an interim test procedure waivers to Whirlpool (75 
FR 69653 (November 15, 2010)), General Electric Company (GE) (75 FR 
76968 (December 10, 2010)), LG (76 FR 11233 (March 1, 2011)), and 
Electrolux (76 FR 11440 (March 2, 2011)) for products with capacities 
larger than currently specified in the test procedure. As stated above, 
DOE granted a previous waiver to Samsung on March 10, 2011, and a 
further interim waiver on April 19, 2011. In these waivers, DOE 
established an alternate test procedure extending the linear 
relationship between the maximum test load size and clothes washer 
container volume up to 6.0 cubic feet, the same test procedure set 
forth in DOE's September 2010 test procedure NOPR and requested by 
Samsung in its June 2011 petition.
    The current DOE test procedure specifies test load sizes only for 
machines with capacities up to 3.8 cubic feet. For the reasons set 
forth in DOE's September 2010 NOPR, DOE believes that extending the 
linear relationship between test load size and container capacity to 
larger capacities is valid. In addition, testing a basic model with a 
capacity larger than 3.8 cubic feet using the current procedure could 
evaluate the basic model in a manner so unrepresentative of its true 
energy consumption as to provide materially inaccurate comparative 
data. Based on these considerations, and the waivers granted to 
Whirlpool, GE, Electrolux and LG, as well as the previous waiver and 
interim waiver granted to Samsung for similar models, it appears likely 
that the petition for waiver will be granted. As a result, DOE grants 
an interim waiver to Samsung for the basic models of clothes washers 
with container volumes greater than 3.8 cubic feet specified in its 
petition for waiver, pursuant to 10 CFR 430.27(g). DOE also provides 
for the use of an alternative test procedure extending the linear 
relationship between test load size and container capacity, described 
below. Therefore, it is ordered that:
    The application for interim waiver filed by Samsung is hereby 
granted for the specified Samsung clothes washer basic models, subject 
to the specifications and conditions below.

[[Page 48151]]

    1. Samsung shall not be required to test or rate the specified 
clothes washer products on the basis of the test procedure under 10 CFR 
part 430 subpart B, appendix J1.
    2. Samsung shall be required to test and rate the specified clothes 
washer products according to the alternate test procedure as set forth 
in section IV, ``Alternate Test Procedure.''
    The interim waiver applies to the following basic model groups: 
WF501 ***
    DOE makes decisions on waivers and interim waivers for only those 
models specifically set out in the petition, not future models that may 
or may not be manufactured by the petitioner. Samsung may submit a new 
or amended petition for waiver and request for grant of interim waiver, 
as appropriate, for additional models of clothes washers for which it 
seeks a waiver from the DOE test procedure. In addition, DOE notes that 
grant of an interim waiver or waiver does not release a petitioner from 
the certification requirements set forth at 10 CFR part 429.

III. Alternate Test Procedure

    EPCA requires that manufacturers use DOE test procedures to make 
representations about the energy consumption and energy consumption 
costs of products covered by the statute. (42 U.S.C. 6293(c)) 
Consistent representations are important for manufacturers to use in 
making representations about the energy efficiency of their products 
and to demonstrate compliance with applicable DOE energy conservation 
standards. Pursuant to its regulations applicable to waivers and 
interim waivers from applicable test procedures at 10 CFR 430.27, DOE 
will consider setting an alternate test procedure for Samsung in a 
subsequent Decision and Order.
    The alternate procedure approved today is intended to allow Samsung 
to make valid representations regarding its clothes washers with basket 
capacities larger than provided for in the current test procedure. This 
alternate test procedure is based on the expanded Table 5.1 of Appendix 
J1 that appears in DOE's clothes washer test procedure NOPR. 75 FR 
57556 (September 21, 1010), altered slightly to correct rounding errors 
as specified in DOE's supplemental proposal issued on July 26, 2011.
    During the period of the interim waiver granted in this notice, 
Samsung shall test its clothes washer basic models according to the 
provisions of 10 CFR part 430 subpart B, 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
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            cu. ft.                  liter
-----------------------------------------------     lb         kg         lb         kg         lb         kg
             >= = 0.10 lbs (0.05 kg).

IV. Summary and Request for Comments

    Through today's notice, DOE announces receipt of Samsung's petition 
for waiver from certain parts of the test procedure that apply to 
clothes washers and grants an interim waiver to Samsung. DOE is 
publishing Samsung's petition for waiver in its entirety pursuant to 10 
CFR 430.27(b)(1)(iv). The petition contains no confidential 
information. The petition includes a suggested alternate test procedure 
to measure the energy consumption of clothes washers with capacities 
larger than the 3.8 cubic feet specified in the current DOE test 
procedure. DOE is interested in receiving comments from interested 
parties on all aspects of the petition, including the suggested 
alternate test procedure and any other alternate test procedure.
    Pursuant to 10 CFR 430.27(b)(1)(iv), any person submitting written 
comments to DOE must also send a copy to the petitioner, whose contact 
information is included in the ADDRESSES section above.

    Issued in Washington, DC, on August 2, 2011.
Kathleen Hogan,
 Deputy Assistant Secretary for Energy Efficiency, Office of Technology 
Development, Energy Efficiency and Renewable Energy.
June 20, 2011

Dr. Henry Kelly, Energy Efficiency and Renewable Energy Department 
of Energy, 1000 Independence Avenue, SW., Washington, DC 20585.

Re: Petition for Waiver and Application for Interim Waiver, Clothes 
Washers Capacity Greater than 3.8 Cubic Feet

    Dear Assistant Secretary Kelly: Samsung Electronics America, 
Inc., a subsidiary of Samsung Electronics Co., Ltd. (Samsung), 
respectfully submits this Petition for Waiver and Application for 
Interim Waiver to the Department of Energy (DOE) for the testing of 
clothes washers with capacity greater than 3.8 cubic feet.
    The 10 CFR Part 430.27(a)(1) allows a person to submit a 
petition to waive for a particular basic model any requirements of 
Sec.  430.23 upon the grounds that the basic model contains one or 
more design characteristics which either prevent testing of the 
basic model according to the prescribed test procedures, or 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. Additionally, 
10 CFR Part 430.27(b)(2) allows an applicant to request an Interim 
Waiver if economic hardship and/or competitive disadvantage is 
likely to result absent a favorable determination on the Application 
for Interim Waiver.

Reasoning

    In order to meet current market demands, Samsung designed and 
will be marketing clothes washers with capacities greater than 3.8 
cubic feet. Samsung expects that the majority of Samsung clothes 
washers will be greater than 3.8 cubic feet in capacity. The current 
test procedure, Appendix J1 to Subpart B of Part 430, Table 5.1, 
does not contain load sizes for capacities greater than 3.8 cubic 
feet, preventing Samsung from appropriately testing clothes washer 
models with capacity greater than 3.8 cubic feet. The Department 
recognized this test method deficiency in the Interim Waivers 
granted to Electrolux (76 FR 11440), LG (76 FR 11233), Whirlpool (75 
FR 69653), General Electric (75 FR 76968), and Samsung (76 FR 
21881).
    The nature of this Application for Interim Waiver and Petition 
for Waiver does not differ from Samsung's original Application for 
Interim Waiver and Petition for Waiver as published in 75 FR 57937.

Conclusion

    Samsung requests that DOE expeditiously grants the requested 
waiver for our Samsung clothes washer, model WF501***. This request 
is based upon the grounds that:
    1. Current test methods for clothes washers do not allow testing 
of clothes washers with greater than 3.8 cubic feet capacity.
    2. DOE has already granted Samsung an Interim Waiver in 75 FR 
57937, per Table 5.1, for similar models.

Affected Persons

    Primarily affected persons in the clothes washers category 
include Alliance Laundry Systems, LLC., BSH Home Appliances Corp., 
Electrolux Home Products, Fisher & Paykel Appliances, Inc., GE 
Appliances, Haier America Trading, L.L.C., LG Electronics Inc., 
Miele Appliances, Inc., and Whirlpool Corporation. Samsung will 
notify all these entities as required by the Department's rules and 
provide them with a version of this Petition. A copy was also 
provided to the Association of Home Appliance Manufacturers (AHAM).
     Sincerely,
Michael Moss,
Director of Corporate Environmental Affairs.
[FR Doc. 2011-20015 Filed 8-5-11; 8:45 am]
BILLING CODE 6450-01-P
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