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[Federal Register Volume 76, Number 47 (Thursday, March 10, 2011)]
[Notices]
[Pages 13169-13171]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-5506]

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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. CW-014]

Energy Conservation Program for Consumer Products: Decision and 
Order Granting a Waiver to Samsung Electronics America, Inc. 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-014) 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. 
Under today's decision and order, Samsung shall be required to test and 
rate its clothes washers with larger clothes containers using an 
alternate test procedure that takes this technology into account when 
measuring energy consumption.

DATES: This Decision and Order is effective March 10, 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, E-mail: mail to: 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, E-mail: mail to: 
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 March 3, 2011.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.

Decision and Order

    In the Matter of: Samsung Electronics America, Inc. (Case No. CW-
014)

I. Background and Authority

    Title III of the Energy Policy and Conservation Act (EPCA) sets 
forth a variety of provisions concerning energy efficiency. Part B of 
Title III provides for the ``Energy Conservation Program for Consumer 
Products Other Than Automobiles.'' 42 U.S.C. 6291-6309.\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 that 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 residential 
clothes washers, the subject of today's notice, is contained in 10 CFR 
part 430, subpart B, appendix J1.
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    \1\ Upon codification in the U.S. Code, Part B was re-designated 
Part A for editorial reasons.
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    DOE's regulations for covered products contain provisions allowing 
a person to seek a waiver for a particular basic model from the test 
procedure requirements 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).

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

    On July 20, 2010, Samsung filed a petition for 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 on the basis of 
the residential test procedures contained in 10 CFR part 430, Subpart 
B, Appendix J1, with a revised Table 5.1 extended to larger container 
volumes. Samsung's petition was published in the Federal Register on 
September 23, 2010. 75 FR 57937. 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 DOE test procedure is 
based on the basket volume of the test specimen, which is currently not 
defined for the basket sizes of the basic models cited in its waiver 
application. In the DOE test procedure, the relation between basket 
volume and test load mass is defined for basket volumes between 0 and 
3.8 cubic feet. Samsung has designed a series of clothes washers that 
contain basket volumes greater than 3.8 cubic feet.
    DOE has granted petitions for waiver and requests for interim 
waiver to other manufacturers for clothes washer basic models with 
capacities greater than 3.8 cubic feet. In addition to the interim 
waiver granted to Samsung (75 FR 57937, Sept. 23, 2010), DOE has 
granted interim waivers to Whirlpool Corporation (71 FR 48913, Aug. 22,

[[Page 13170]]

2006), LG Electronics, Inc. (LG) (75 FR 71680, Nov. 24, 2010), the 
General Electric Company (GE) (75 FR 57915, Sept. 16, 2010), and 
Electrolux (75 FR 81258, December 27, 2010). DOE also granted the 
petitions for waiver submitted by Whirlpool (75 FR 69653, Nov. 15, 
2010) and GE (75 FR 76968, Dec. 10, 2010).
    Table 5.1 of Appendix J1 defines the test load sizes used in the 
test procedure as linear functions of the basket volume. Samsung has 
submitted a proposed revised table to extend the maximum basket volume 
from 3.8 cubic feet to 6.0 cubic feet, a table similar to one developed 
by the Association of Home Appliance Manufacturers (AHAM) and provided 
to DOE in comments on a proposed DOE residential clothes washer test 
procedure rulemaking. AHAM provided calculations to extrapolate Table 
5.1 of the DOE test procedure to larger container volumes. DOE believes 
that this is a reasonable procedure because the DOE test procedure 
defines test load sizes as linear functions of the basket volume. 
AHAM's extrapolation was performed on the load weight in pounds, and 
AHAM appears to have used the conversion ratio of 1/2.2 (or 0.45454545) 
to convert pounds to kilograms. Samsung used the more accurate 
conversion value of 0.45359237 (which Whirlpool also used in its 
similar petition), rounding the results in kilograms to two decimal 
places.
    A similar Table 5.1 was also set forth in the notice of proposed 
rulemaking (NOPR) to amend the DOE test procedure, published September 
21, 2010 (75 FR 57556). The Table 5.1 in the clothes washer NOPR has 
some small differences with the Table 5.1 used by Samsung and 
Whirlpool. The differences are due to rounding, and the largest 
difference is less than 0.5%. The Table 5.1 values in the alternative 
test procedure set forth in this waiver are from DOE's NOPR. 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.

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 and interim waivers granted to Whirlpool, GE, 
LG, Electrolux and Samsung, DOE's proposed rule to amend the clothes 
washer test procedure, and consultation with FTC staff, it is ordered 
that:
    (1) The petition for waiver submitted by Samsung Electronics 
America, Inc. (Case No. CW-014) is hereby granted as set forth in the 
paragraphs below.
    (2) Samsung shall not be required to test or rate the following 
Samsung models on the basis of the current test procedure contained in 
10 CFR part 430, subpart B, appendix J1. Instead, it shall be required 
to test and rate such products according to the alternate test 
procedure as set forth in paragraph (3) below:

WA51A****; WA52A****; WA53A****; WA54A****; WA55A****; WA56A****; 
WF221***; WF231***; WF241***; WF251***; WF330***; WF331***; WF340***; 
WF350***; WF409***; WF410***; WF419***; WF421***; WF428***; WF431***; 
WF438***; WF441***; WF448***; WF451***; WF461***; WF471***; WF500***; 
WF510***; WF511***; WF512***; WF520***.
     (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, 
for the Samsung products listed in paragraph (2) only, 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.  >= = 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 decision and order applies only to those models 
specifically set out in the petition, not future models that may be 
manufactured by Samsung. 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. Grant of this waiver does not release Samsung 
from the certification requirements set forth at 10 CFR 430.62.
    (6) This waiver shall remain in effect consistent with the 
provisions of 10 CFR430.27(m).
    (7) 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.

    Issued in Washington, DC, on March 3, 2011.

Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.

[FR Doc. 2011-5506 Filed 3-9-11; 8:45 am]
BILLING CODE 6450-01-P
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