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[Federal Register Volume 76, Number 246 (Thursday, December 22, 2011)]
[Notices]
[Pages 79666-79669]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-32808]

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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. CW-021]

Decision and Order Granting a Waiver to LG 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-021) that grants to LG Electronics 
U.S.A., Inc. (LG) 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, LG shall be required to test and rate these clothes washers 
using an alternate test procedure that takes their large capacities 
into account when measuring energy consumption.

DATES: This Decision and Order is effective December 22, 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: 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, Email: 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 LG 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 LG tests and rates such products using the alternate test 
procedure described in this notice. Today's decision prohibits LG 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 December 16, 2011.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

Decision and Order

    In the Matter of: LG Electronics U.S.A., Inc. (Case No. CW-021).

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. LG's Petition for Waiver: Assertions and Determinations

    On October 3, 2011, LG 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. LG 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. LG's instant petition and DOE's grant of interim waiver were 
published in the

[[Page 79667]]

Federal Register on October 18, 2011. 76 FR 64330. DOE received no 
comments on the LG petition.
    LG'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 LG'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. LG 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 LG on April 
19, 2011 (76 FR 21879). 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, 2010).
    DOE has determined that 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 specified 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 
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 extended Table 5.1 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)); (76 FR 21879 
(Apr. 19, 2011)) and Samsung (76 FR 13169 (Mar. 10, 2011); 76 FR 50207 
(Aug. 12, 2011)).
    DOE notes that its supplemental proposed rule (http://www.eere.energy.gov/buildings/appliancestandards/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. (76 FR 
49238, Aug. 9, 2011). The alternate test procedure set forth in this 
decision and order adopts this updated table.

III. Consultations with Other Agencies

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

IV. Conclusion

    After careful consideration of all the material that was submitted 
by LG, the waivers granted to Whirlpool, GE, Samsung and Electrolux, as 
well as previously to LG, the clothes washer test procedure rulemaking, 
and consultation with the FTC staff, it is ordered that:
    (1) The petition for waiver submitted by the LG Electronics 
America, Inc. (Case No. CW-021) is hereby granted as set forth in the 
paragraphs below.
    (2) LG shall be required to test and rate the following LG models 
according to the alternate test procedure set forth in paragraph (3) 
below.

------------------------------------------------------------------------
                   Model                                Brand
------------------------------------------------------------------------
WT6001H*..................................  LG.
WT5170H*..................................  LG.
WM3470H***................................  LG.
WM4070H***................................  LG.
415321..................  Kenmore.
415421..................  Kenmore.
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     (3) LG 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
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                                   Liter
      cu. ft.      -------------------------------------     lb         kg         lb         kg         lb
                              >= = 0.10 lbs (0.05 kg).

    (4) Representations. LG 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 LG's 
October 3, 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 December 16, 2011.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.
[FR Doc. 2011-32808 Filed 12-21-11; 8:45 am]
BILLING CODE 6450-01-P
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