[Federal Register Volume 76, Number 75 (Tuesday, April 19, 2011)]
[Notices]
[Pages 21881-21885]
From the Federal Register Online via the Government Publishing 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: [email protected] 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:
[email protected].
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
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cu. ft. liter
--------------------------------------------------------- lb kg Lb kg lb kg
>= < >= <
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0-0.8................................... 0-22.7 3.00 1.36 3.00 1.36 3.00 1.36
0.80-0.90............................... 22.7-25.5 3.00 1.36 3.50 1.59 3.25 1.47
0.90-1.00............................... 25.5-28.3 3.00 1.36 3.90 1.77 3.45 1.56
1.00-1.10............................... 28.3-31.1 3.00 1.36 4.30 1.95 3.65 1.66
1.10-1.20............................... 31.1-34.0 3.00 1.36 4.70 2.13 3.85 1.75
1.20-1.30............................... 34.0-36.8 3.00 1.36 5.10 2.31 4.05 1.84
1.30-1.40............................... 36.8-39.6 3.00 1.36 5.50 2.49 4.25 1.93
1.40-1.50............................... 39.6-42.5 3.00 1.36 5.90 2.68 4.45 2.02
1.50-1.60............................... 42.5-45.3 3.00 1.36 6.40 2.90 4.70 2.13
1.60-1.70............................... 45.3-48.1 3.00 1.36 6.80 3.08 4.90 2.22
1.70-1.80............................... 48.1-51.0 3.00 1.36 7.20 3.27 5.10 2.31
1.80-1.90............................... 51.0-53.8 3.00 1.36 7.60 3.45 5.30 2.40
1.90-2.00............................... 53.8-56.6 3.00 1.36 8.00 3.63 5.50 2.49
2.00-2.10............................... 56.6-59.5 3.00 1.36 8.40 3.81 5.70 2.59
2.10-2.20............................... 59.5-62.3 3.00 1.36 8.80 3.99 5.90 2.68
2.20-2.30............................... 62.3-65.1 3.00 1.36 9.20 4.17 6.10 2.77
2.30-2.40............................... 65.1-68.0 3.00 1.36 9.60 4.35 6.30 2.86
2.40-2.50............................... 68.0-70.8 3.00 1.36 10.00 4.54 6.50 2.95
2.50-2.60............................... 70.8-73.6 3.00 1.36 10.50 4.76 6.75 3.06
2.60-2.70............................... 73.6-76.5 3.00 1.36 10.90 4.94 6.95 3.15
2.70-2.80............................... 76.5-79.3 3.00 1.36 11.30 5.13 7.15 3.24
2.80-2.90............................... 79.3-82.1 3.00 1.36 11.70 5.31 7.35 3.33
2.90-3.00............................... 82.1-85.0 3.00 1.36 12.10 5.49 7.55 3.42
3.00-3.10............................... 85.0-87.8 3.00 1.36 12.50 5.67 7.75 3.52
3.10-3.20............................... 87.8-90.6 3.00 1.36 12.90 5.85 7.95 3.61
3.20-3.30............................... 90.6-93.4 3.00 1.36 13.30 6.03 8.15 3.70
3.30-3.40............................... 93.4-96.3 3.00 1.36 13.70 6.21 8.35 3.79
3.40-3.50............................... 96.3-99.1 3.00 1.36 14.10 6.40 8.55 3.88
3.50-3.60............................... 99.1-101.9 3.00 1.36 14.60 6.62 8.80 3.99
3.60-3.70............................... 101.9-104.8 3.00 1.36 15.00 6.80 9.00 4.08
3.70-3.80............................... 104.8-107.6 3.00 1.36 15.40 6.99 9.20 4.17
3.80-3.90............................... 107.6-110.4 3.00 1.36 15.80 7.16 9.40 4.26
3.90-4.00............................... 110.4-113.3 3.00 1.36 16.20 7.34 9.60 4.35
4.00-4.10............................... 113.3-116.1 3.00 1.36 16.60 7.53 9.80 4.45
4.10-4.20............................... 116.1-118.9 3.00 1.36 17.00 7.72 10.00 4.54
4.20-4.30............................... 118.9-121.8 3.00 1.36 17.40 7.90 10.20 4.63
4.30-4.40............................... 121.8-124.6 3.00 1.36 17.80 8.09 10.40 4.72
4.40-4.50............................... 124.6-127.4 3.00 1.36 18.20 8.27 10.60 4.82
4.50-4.60............................... 127.4-130.3 3.00 1.36 18.70 8.46 10.80 4.91
4.60-4.70............................... 130.3-133.1 3.00 1.36 19.10 8.65 11.00 5.00
4.70-4.80............................... 133.1-135.9 3.00 1.36 19.50 8.83 11.20 5.10
4.80-4.90............................... 135.9-138.8 3.00 1.36 19.90 9.02 11.40 5.19
4.90-5.00............................... 138.8-141.6 3.00 1.36 20.30 9.20 11.60 5.28
5.00-5.10............................... 141.6-144.4 3.00 1.36 20.70 9.39 11.90 5.38
5.10-5.20............................... 144.4-147.2 3.00 1.36 21.10 9.58 12.10 5.47
5.20-5.30............................... 147.2-150.1 3.00 1.36 21.50 9.76 12.30 5.56
5.30-5.40............................... 150.1-152.9 3.00 1.36 21.90 9.95 12.50 5.65
5.40-5.50............................... 152.9-155.7 3.00 1.36 22.30 10.13 12.70 5.75
5.50-5.60............................... 155.7-158.6 3.00 1.36 22.80 10.32 12.90 5.84
5.60-5.70............................... 158.6-161.4 3.00 1.36 23.20 10.51 13.10 5.93
5.70-5.80............................... 161.4-164.2 3.00 1.36 23.60 10.69 13.30 6.03
5.80-5.90............................... 164.2-167.1 3.00 1.36 24.00 10.88 13.50 6.12
5.90-6.00............................... 167.1-169.9 3.00 1.36 24.40 11.06 13.70 6.21
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Notes: (1) All test load weights are bone dry weights.
(2) Allowable tolerance on the test load weights are 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