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[Federal Register Volume 76, Number 75 (Tuesday, April 19, 2011)]
[Notices]
[Pages 21881-21885]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-9475]

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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. CW-019]

Energy Conservation Program for Consumer Products: 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 and application for interim 
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

[[Page 21882]]

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, but no later than May 19, 2011.

ADDRESSES: You may submit comments, identified by case number CW-019, 
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-019'' 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.

I. Background and Authority

SUPPLEMENTARY INFORMATION: Ms. Jennifer Tiedeman, 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) 287-6111. E-mail: Jennifer.Tiedemanmailto:@hq.doe.gov.
    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 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 recently granted waivers

[[Page 21883]]

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 an initial 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 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 September 23, 
2010.75 FR 57937. On February 11, 2011, Samsung filed the instant 
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.
    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. Samsung 
manufactures basic models with capacities greater than 3.8 cubic feet, 
and it is for these basic models that Samsung seeks a waiver from DOE's 
test procedure.
    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 interim waiver 
granted to Samsung on September 23, 2010. 75 FR 57937. The table is 
identical to the Table 5.1 found in DOE's recently published clothes 
washer test procedure Notice of Proposed Rulemaking (NOPR). 75 FR 57556 
(September 21, 1010).
    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 waiver to Whirlpool for 
three of Whirlpool's clothes washer models with container capacities 
greater than 3.8 cubic feet. 71 FR 48913 (August 22, 2006). The 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. DOE granted 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 interim waiver to Samsung on September 23, 2010.
    The current DOE test procedure specifies test load sizes only for 
machines with capacities up to 3.8 cubic feet, and 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, 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.
    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: 
WA5471 * * *, WA5461 * * *, WA5451 * * *, WA5441 * * *, WA5431 * * *
    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 430.62.

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).
    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.

[[Page 21884]]

                                                               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).

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

[[Page 21885]]

information is included in the ADDRESSES section above.

    Issued in Washington, DC, on April 12, 2011.
Kathleen Hogan,
Deputy Assistant Secretary for Energy Efficiency, Office of Technology 
Development, Energy Efficiency and Renewable Energy.
February 11, 2011
Catherine Zoi, 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 Zoi: 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 (75 FR 81258), 
LG (75 FR 71680), Whirlpool (75 FR 69653), General Electric (75 FR 
57915), and Samsung (75 FR 57937).
    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

    On the grounds that current test methods for clothes washers will 
prevent Samsung from testing its new clothes washer models, and given 
that DOE had already granted Samsung an Interim Waiver in 75 FR 57937, 
Samsung requests that DOE expeditiously extend the expanded Table 5.1, 
as prescribed in 75 FR 57937, to the following Samsung clothes washer 
models:

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WA5471* * *
WA5461* * *
WA5451* * *
WA5441* * *
WA5431* * *
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Affected Persons

    Primarily affected persons in the clothes washers category include 
Alliance Laundry Systems, LLC., BSH Home Appliances Corp., Electrolux 
Home Products, Equator, 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. 2011-9475 Filed 4-18-11; 8:45 am]
BILLING CODE 6450-01-P
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