Energy Conservation Program for Consumer Products: Notice of Petition for Waiver of LG Electronics USA, Inc. From the Department of Energy Residential Clothes Washer Test Procedure, and Grant of Interim Waiver, 11228-11233 [2011-4485]
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11228
Federal Register / Vol. 76, No. 40 / Tuesday, March 1, 2011 / Notices
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Martha Kanter,
Under Secretary.
[FR Doc. 2011–4551 Filed 2–28–11; 8:45 am]
BILLING CODE 4000–01–P
DEPARTMENT OF ENERGY
Environmental Management SiteSpecific Advisory Board, Paducah
Department of Energy (DOE).
Notice of open meeting.
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ACTION:
This notice announces a
meeting of the Environmental
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DATES: Thursday, March 17, 2011;
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42001.
SUMMARY:
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FOR FURTHER INFORMATION CONTACT:
Reinhard Knerr, Deputy Designated
Federal Officer, Department of Energy
Paducah Site Office, Post Office Box
1410, MS–103, Paducah, Kentucky
42001 (270) 441–6825.
SUPPLEMENTARY INFORMATION: Purpose of
the Board: The purpose of the Board is
to make recommendations to DOE–EM
and site management in the areas of
environmental restoration, waste
management and related activities.
Tentative Agenda:
• Call to Order, Introductions, Review
of Agenda.
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Consortium for Energy and Environment
(KRCEE): Update on Future Use Study.
• Administrative Issues.
Æ Discussion on Top 3 Issues,
Accomplishment, and Major Board
Activity.
Æ Discussion on Recommendation
11–2: Potential Moderating Criteria for
Waste Disposal Options.
• Subcommittee Chairs’ Comments.
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Breaks Taken As Appropriate.
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18:42 Feb 28, 2011
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accommodate persons with physical
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Issued at Washington, DC on February 24,
2011.
LaTanya Butler,
Acting Deputy Committee Management
Officer.
[FR Doc. 2011–4488 Filed 2–28–11; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Office of Energy Efficiency and
Renewable Energy
[Case No. CW–018]
Energy Conservation Program for
Consumer Products: Notice of Petition
for Waiver of LG Electronics USA, Inc.
From the Department of Energy
Residential Clothes Washer Test
Procedure, and Grant of Interim Waiver
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.
AGENCY:
This notice announces receipt
of and publishes the LG Electronics
USA, Inc. (LG) 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
SUMMARY:
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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 LG petition.
DATES: DOE will accept comments, data,
and information with respect to the LG
petition until, but no later than March
31, 2011.
ADDRESSES: You may submit comments,
identified by case number CW–018, by
any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• E-mail:
AS_Waiver_Requests@ee.doe.gov
Include ‘‘Case No. CW–018’’ 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: John I. Taylor, Vice
President, Government Relations and
Communications, LG Electronics USA,
Inc., 1776 K Street, NW., Washington,
DC 20006; (202) 719–3490; Email:
john.taylor@lge.com.
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.
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Federal Register / Vol. 76, No. 40 / Tuesday, March 1, 2011 / Notices
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. 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.Tiedeman@hq.doe.gov.
jlentini on DSKJ8SOYB1PROD with NOTICES
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
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18:42 Feb 28, 2011
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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 semiautomatic clothes washers is contained
in 10 CFR part 430, subpart B, appendix
J1.
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
for large-capacity clothes washers and
announced steps to improve the waiver
1 For editorial reasons, upon codification in the
U.S. Code, Part B was re-designated Part A.
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11229
process and refrain from certain
enforcement actions. This guidance can
be found on DOE’s Web site at https://
www.gc.energy.gov/1661.htm.
II. Application for Interim Waiver and
Petition for Waiver
On September 24, 2010, LG 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, LG 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
November 24, 2010. 75 FR 71680. On
January 19, 2011, LG 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
September 2010 petition for waiver.
LG’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. LG manufactures basic
models with capacities greater than 3.8
cubic feet, and it is for these basic
models that LG 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.
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 interim waiver granted to LG on
November 24, 2010. 75 FR 71680. 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 LG’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 LG
E:\FR\FM\01MRN1.SGM
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Federal Register / Vol. 76, No. 40 / Tuesday, March 1, 2011 / Notices
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. On September 16, 2010, DOE
granted interim waivers to General
Electric (75 FR 57915 (September 23,
2010)) and Samsung (75 FR 57937
(September 23, 2010)) for similar
products. GE’s waiver was granted on
December 10, 2010. 75 FR 76968. As
stated above, DOE granted a previous
interim waiver to LG on November 24,
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 interim
waivers granted to LG, Whirlpool,
Samsung and GE, it appears likely that
the petition for waiver will be granted.
As a result, DOE grants an interim
waiver to LG for of 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 LG is hereby granted for the
specified LG clothes washer basic
models, subject to the specifications and
conditions below.
1. LG 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. LG 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:
Model
Brand
WM3360H*** .............
WM3550H*** .............
WM3150H** ..............
WM3975H*** .............
WM3985H*** .............
WT4901C* .................
2947#00# ..................
LG
LG
LG
LG
LG
LG
Kenmore
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. LG 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
LG in a subsequent Decision and Order.
The alternate procedure approved
today is intended to allow LG 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 submitted by
LG. As noted above, the Table 5.1
submitted by LG in its petition is the
same Table 5.1 that appears in DOE’s
clothes washer test procedure NOPR. 75
FR 57556 (September 21, 1010). The
NOPR Table 5.1 uses the accurate
conversion factor 0.45359237 employed
by LG and Samsung to convert test loads
from pounds to kilograms. The rounding
errors contained in earlier LG petitions
for waiver are not present in LG’s
current petition.
During the period of the interim
waiver granted in this notice, LG 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
Container volume
≥<
Maximum load
Average load
liter
≥<
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cu. ft.
Minimum load
0–0.8
0.80–0.90
0.90–1.00
1.00–1.10
1.10–1.20
1.20–1.30
1.30–1.40
1.40–1.50
1.50–1.60
1.60–1.70
1.70–1.80
1.80–1.90
1.90–2.00
VerDate Mar<15>2010
lb
0–22.7
22.7–25.5
25.5–28.3
28.3–31.1
31.1–34.0
34.0–36.8
36.8–39.6
39.6–42.5
42.5–45.3
45.3–48.1
48.1–51.0
51.0–53.8
53.8–56.6
18:42 Feb 28, 2011
Jkt 223001
kg
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
PO 00000
Frm 00038
lb
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
Fmt 4703
kg
3.00
3.50
3.90
4.30
4.70
5.10
5.50
5.90
6.40
6.80
7.20
7.60
8.00
Sfmt 4703
E:\FR\FM\01MRN1.SGM
lb
1.36
1.59
1.77
1.95
2.13
2.31
2.49
2.68
2.90
3.08
3.27
3.45
3.63
01MRN1
kg
3.00
3.25
3.45
3.65
3.85
4.05
4.25
4.45
4.70
4.90
5.10
5.30
5.50
1.36
1.47
1.56
1.66
1.75
1.84
1.93
2.02
2.13
2.22
2.31
2.40
2.49
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Federal Register / Vol. 76, No. 40 / Tuesday, March 1, 2011 / Notices
TABLE 5.1—TEST LOAD SIZES—Continued
Container volume
cu. ft.
≥<
Maximum load
Average load
liter
≥<
Minimum load
2.00–2.10
2.10–2.20
2.20–2.30
2.30–2.40
2.40–2.50
2.50–2.60
2.60–2.70
2.70–2.80
2.80–2.90
2.90–3.00
3.00–3.10
3.10–3.20
3.20–3.30
3.30–3.40
3.40–3.50
3.50–3.60
3.60–3.70
3.70–3.80
3.80–3.90
3.90–4.00
4.00–4.10
4.10–4.20
4.20–4.30
4.30–4.40
4.40–4.50
4.50–4.60
4.60–4.70
4.70–4.80
4.80–4.90
4.90–5.00
5.00–5.10
5.10–5.20
5.20–5.30
5.30–5.40
5.40–5.50
5.50–5.60
5.60–5.70
5.70–5.80
5.80–5.90
5.90–6.00
lb
56.6–59.5
59.5–62.3
62.3–65.1
65.1–68.0
68.0–70.8
70.8–73.6
73.6–76.5
76.5–79.3
79.3–82.1
82.1–85.0
85.0–87.8
87.8–90.6
90.6–93.4
93.4–96.3
96.3–99.1
99.1–101.9
101.9–104.8
104.8–107.6
107.6–110.4
110.4–113.3
113.3–116.1
116.1–118.9
118.9–121.8
121.8–124.6
124.6–127.4
127.4–130.3
130.3–133.1
133.1–135.9
135.9–138.8
138.8–141.6
141.6–144.4
144.4–147.2
147.2–150.1
150.1–152.9
152.9–155.7
155.7–158.6
158.6–161.4
161.4–164.2
164.2–167.1
167.1–169.9
kg
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
lb
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
kg
8.40
8.80
9.20
9.60
10.00
10.50
10.90
11.30
11.70
12.10
12.50
12.90
13.30
13.70
14.10
14.60
15.00
15.40
15.80
16.20
16.60
17.00
17.40
17.80
18.20
18.70
19.10
19.50
19.90
20.30
20.70
21.10
21.50
21.90
22.30
22.80
23.20
23.60
24.00
24.40
lb
3.81
3.99
4.17
4.35
4.54
4.76
4.94
5.13
5.31
5.49
5.67
5.85
6.03
6.21
6.40
6.62
6.80
6.99
7.16
7.34
7.53
7.72
7.90
8.09
8.27
8.46
8.65
8.83
9.02
9.20
9.39
9.58
9.76
9.95
10.13
10.32
10.51
10.69
10.88
11.06
kg
5.70
5.90
6.10
6.30
6.50
6.75
6.95
7.15
7.35
7.55
7.75
7.95
8.15
8.35
8.55
8.80
9.00
9.20
9.40
9.60
9.80
10.00
10.20
10.40
10.60
10.80
11.00
11.20
11.40
11.60
11.90
12.10
12.30
12.50
12.70
12.90
13.10
13.30
13.50
13.70
2.59
2.68
2.77
2.86
2.95
3.06
3.15
3.24
3.33
3.42
3.52
3.61
3.70
3.79
3.88
3.99
4.08
4.17
4.26
4.35
4.45
4.54
4.63
4.72
4.82
4.91
5.00
5.10
5.19
5.28
5.38
5.47
5.56
5.65
5.75
5.84
5.93
6.03
6.12
6.21
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).
jlentini on DSKJ8SOYB1PROD with NOTICES
IV. Summary and Request for
Comments
Through today’s notice, DOE
announces receipt of LG’s petition for
waiver from certain parts of the test
procedure that apply to clothes washers
and grants an interim waiver to LG. DOE
is publishing LG’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
VerDate Mar<15>2010
18:42 Feb 28, 2011
Jkt 223001
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 February 23,
2011.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and
Renewable Energy.
LG Electronics U.S.A., Inc., 1000 Sylvan
Avenue, Englewood Cliffs, NJ 07632
January 19, 2011
The Honorable Catherine Zoi, Assistant
Secretary, Energy Efficiency and
Renewable Energy, United States
Department of Energy, Mail Station
PO 00000
Frm 00039
Fmt 4703
Sfmt 4703
EE–10, Forrestal Building, 1000
Independence Avenue, SW.,
Washington, DC 20585
Re: Petition for Waiver and Application
for Interim Waiver, Test Procedure
for Clothes Washers
Dear Assistant Secretary Zoi: LG
Electronics, Inc. (LG) respectfully
submits this Petition for Waiver and
Application for Interim Waiver,
pursuant to 10 C.F.R. § 430.27, as
related to DOE’s test procedure for
clothes washers. DOE has already
granted LG an interim waiver relating to
testing of certain models. 75 Fed. Reg.
71680 (Nov. 24, 2010). The current
Petition and Application would expand
the number of models subject to the
grant of a waiver. LG requests expedited
treatment of the Petition and
Application.
E:\FR\FM\01MRN1.SGM
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11232
Federal Register / Vol. 76, No. 40 / Tuesday, March 1, 2011 / Notices
LG is a manufacturer of clothes
washers and other products sold
worldwide, including in the United
States. LG’s U.S. operations are LG
Electronics USA, Inc., with
headquarters at 1000 Sylvan Avenue,
Englewood Cliffs, NJ 07632 (tel. 201–
816–2000). Its worldwide headquarters
are located at LG Twin Towers 20,
Yoido-dong, Youngdungpo-gu Seoul,
Korea 150–721; (tel. 011–82–2–3777–
1114); URL: http.www.LGE.com. LG’s
principal brands include LG® and OEM
brands, including GE® and Kenmore®.
The test procedure under the Energy
Policy and Conservation Act (EPCA), 42
U.S.C. § 6291 et seq., provides for
clothes washers to be tested with
specified allowable test load sizes. See
10 C.F.R. Pt. 430, Subpt. B, App. J1,
Table 5.1. The largest average load
under Table 5.1 is 9.20 lbs. LG believes
that it is appropriate for DOE to grant a
waiver that would allow for testing and
rating of specified models (see
Appendix 1 hereto) with larger test
loads where the model has a container
volume that is greater than the largest
volume shown on Table 5.1.
DOE has already granted waivers and/
or interim waivers to a number of
manufacturers, including LG,
Whirlpool, General Electric, Samsung,
and Electrolux for testing with larger
test loads for specified models with
container volumes in excess of 3.8 cubic
feet. 75 Fed. Reg. 71680 (Nov. 24, 2010)
(LG); id. 57915 (Sept. 23, 2010) (GE); id.
57937 (Sept. 23, 2010) (Samsung); id.
69653 (Nov. 15, 2010) (Whirlpool); id.
76962 (Dec. 10, 2010) (Electrolux); id.
76968 (Dec. 10, 2010) (GE); id. 81258
(Dec. 27, 2010) (Electrolux); 71 Fed. Reg.
48913 (Aug. 22, 2006) (Whirlpool). The
Association of Home Appliance
Manufacturers (AHAM) has submitted
comments to DOE suggesting that the
DOE test procedure be amended to
provide for testing with loads in excess
of those shown in Table 5.1 when
testing is done on clothes washers with
volumes in excess of 3.8 cubic feet. See
AHAM Comments on the Framework
Document for Residential Clothes
Washers; EERE–2008–BT–STD–0019;
RIN 1904–AB90, at Appendix B—
AHAM Proposed Changes to J1 Table
5.1 (Oct. 2, 2009). In addition, DOE has
issued a Notice of Proposed Rulemaking
proposing to amend the DOE test
procedure to adopt the AHAM proposed
Table 5.1. 75 Fed. Reg. 57556 (Sept. 21,
2010). Further, DOE has issued a
guidance document indicating the
appropriateness of waivers for testing
with larger test loads for clothes
washers with volumes in excess of 3.8
cubic feet. DOE, GC Enforcement
Guidance on the Application of Waivers
and on the Waiver Process (Dec. 23,
2010), at https://www.gc.energy.gov/
documents/LargeCapacityRCW_
guidance_22210.pdf.
LG requests that DOE grant a waiver
for testing and rating based on the
revised Table 5.1 in Appendix 2 hereto.
This is the Table 5.1 as already set forth
in the interim waiver granted to LG for
certain models. See 75 Fed. Reg. 71680
(Nov. 24, 2010). The revised Table 5.1
should be applied to LG’s testing and
rating of other models as specified in
Appendix 1 hereto.1
The waiver should continue until
DOE adopts an applicable amended test
procedure.
LG also requests an interim waiver for
its testing and rating of the foregoing
models. The petition for waiver is likely
to be granted, as evidenced not only by
its merits, but also because DOE has
granted waivers and/or interim waivers
to LG, Whirlpool, GE, Samsung, and
Electrolux and has proposed a
corresponding amendment to its test
procedure. Hence, grant of an interim
waiver for LG is appropriate.
We would be pleased to discuss this
request with DOE and provide further
information as needed.
LG requests expedited treatment of
the Petition and Application. In that
regard, DOE has stated in its December
23, 2010 Enforcement Guidance (supra)
that it ‘‘commits to act promptly on
waiver requests.’’ LG appreciates this
commitment by DOE.
We hereby certify that all
manufacturers of domestically marketed
units of the same product type have
been notified by letter of this petition
and application, copies of which letters
are set forth in Appendix 3 hereto.
Sincerely,
John I. Taylor,
Vice President, Government Relations and
Communications, LG Electronics USA, Inc.,
1776 K Street, NW., Washington, DC 20006,
Phone: 202–719–3490, Fax: 847–941–8177,
Email: john.taylor@lge.com
Of counsel: John A. Hodges, Wiley Rein LLP,
1776 K Street, NW., Washington, DC 20006,
Phone: 202–719–7000, Fax: 202–719–7049,
Email: jhodges@wileyrein.com
Appendix 1
The waiver and interim waiver
requested herein should apply to testing
and rating of the following model series
of LG-manufactured clothes washers.
Please note that the actual model
numbers will vary to account for such
factors as year of manufacture, product
color, or other features. Nonetheless,
they will always have volumes in excess
of 3.8 cubic feet.
(In the chart below, ‘‘ # ’’ represents a
number; ‘‘*’’ represents a letter.)
Model
Brand
WM3360H*** .............
WM3550H*** .............
WM3150H** ..............
WM3975H*** .............
WM3985H*** .............
WT4901C* .................
2947#00# ..................
LG.
LG.
LG.
LG.
LG.
LG.
Kenmore.
Appendix 2
TABLE 5.1—TEST LOAD SIZES
Container volume
jlentini on DSKJ8SOYB1PROD with NOTICES
cu. ft. ≥ <
0–0.8
0.80–0.90
0.90–1.00
1.00–1.10
1.10–1.20
1.20–1.30
1.30–1.40
1.40–1.50
1.50–1.60
1.60–1.70
1.70–1.80
Minimum load
liter ≥ <
lb
0–22.7
22.7–25.5
25.5–28.3
28.3–31.1
31.1–34.0
34.0–36.8
36.8–39.6
39.6–42.5
42.5–45.3
45.3–48.1
48.1–51.0
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18:42 Feb 28, 2011
Jkt 223001
kg
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
1 All LG models are measured in accordance with
DOE’s final guidance for measuring clothes
Maximum load
lb
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
Average load
kg
3.00
3.50
3.90
4.30
4.70
5.10
5.50
5.90
6.40
6.80
7.20
lb
1.36
1.59
1.77
1.95
2.13
2.31
2.49
2.68
2.90
3.08
3.27
container capacity under the test procedure in 10
CFR part 430, Subpart B, Appendix J1.
PO 00000
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kg
3.00
3.25
3.45
3.65
3.85
4.05
4.25
4.45
4.70
4.90
5.10
1.36
1.47
1.56
1.66
1.75
1.84
1.93
2.02
2.13
2.22
2.31
11233
Federal Register / Vol. 76, No. 40 / Tuesday, March 1, 2011 / Notices
TABLE 5.1—TEST LOAD SIZES—Continued
Container volume
cu. ft. ≥ <
Minimum load
liter ≥ <
1.80–1.90
1.90–2.00
2.00–2.10
2.10–2.20
2.20–2.30
2.30–2.40
2.40–2.50
2.50–2.60
2.60–2.70
2.70–2.80
2.80–2.90
2.90–3.00
3.00–3.10
3.10–3.20
3.20–3.30
3.30–3.40
3.40–3.50
3.50–3.60
3.60–3.70
3.70–3.80
3.80–3.90
3.90–4.00
4.00–4.10
4.10–4.20
4.20–4.30
4.30–4.40
4.40–4.50
4.50–4.60
4.60–4.70
4.70–4.80
4.80–4.90
4.90–5.00
5.00–5.10
5.10–5.20
5.20–5.30
5.30–5.40
5.40–5.50
5.50–5.60
5.60–5.70
5.70–5.80
5.80–5.90
5.90–6.00
lb
51.0–53.8
53.8–56.6
56.6–59.5
59.5–62.3
62.3–65.1
65.1–68.0
68.0–70.8
70.8–73.6
73.6–76.5
76.5–79.3
79.3–82.1
82.1–85.0
85.0–87.8
87.8–90.6
90.6–93.4
93.4–96.3
96.3–99.1
99.1–101.9
101.9–104.8
104.8–107.6
107.6–110.4
110.4–113.3
113.3–116.1
116.1–118.9
118.9–121.8
121.8–124.6
124.6–127.4
127.4–130.3
130.3–133.1
133.1–135.9
135.9–138.8
138.8–141.6
141.6–144.4
144.4–147.2
147.2–150.1
150.1–152.9
152.9–155.7
155.7–158.6
158.6–161.4
161.4–164.2
164.2–167.1
167.1–169.9
Maximum load
kg
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
lb
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
Average load
kg
7.60
8.00
8.40
8.80
9.20
9.60
10.00
10.50
10.90
11.30
11.70
12.10
12.50
12.90
13.30
13.70
14.10
14.60
15.00
15.40
15.80
16.20
16.60
17.00
17.40
17.80
18.20
18.70
19.10
19.50
19.90
20.30
20.70
21.10
21.50
21.90
22.30
22.80
23.20
23.60
24.00
24.40
lb
3.45
3.63
3.81
3.99
4.17
4.35
4.54
4.76
4.94
5.13
5.31
5.49
5.67
5.85
6.03
6.21
6.40
6.62
6.80
6.99
7.16
7.34
7.53
7.72
7.90
8.09
8.27
8.46
8.65
8.83
9.02
9.20
9.39
9.58
9.76
9.95
10.13
10.32
10.51
10.69
10.88
11.06
kg
5.30
5.50
5.70
5.90
6.10
6.30
6.50
6.75
6.95
7.15
7.35
7.55
7.75
7.95
8.15
8.35
8.55
8.80
9.00
9.20
9.40
9.60
9.80
10.00
10.20
10.40
10.60
10.80
11.00
11.20
11.40
11.60
11.90
12.10
12.30
12.50
12.70
12.90
13.10
13.30
13.50
13.70
2.40
2.49
2.59
2.68
2.77
2.86
2.95
3.06
3.15
3.24
3.33
3.42
3.52
3.61
3.70
3.79
3.88
3.99
4.08
4.17
4.26
4.35
4.45
4.54
4.63
4.72
4.82
4.91
5.00
5.10
5.19
5.28
5.38
5.47
5.56
5.65
5.75
5.84
5.93
6.03
6.12
6.21
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).
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Office of Energy Efficiency and
Renewable Energy
jlentini on DSKJ8SOYB1PROD with NOTICES
[Case No. CW–016]
Energy Conservation Program for
Consumer Products: Decision and
Order Granting a Waiver to LG From
the Department of Energy Residential
Clothes Washer Test Procedure
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Decision and Order.
AGENCY:
VerDate Mar<15>2010
18:42 Feb 28, 2011
Jkt 223001
The U.S. Department of
Energy (DOE) gives notice of the
decision and order (Case No. CW–016)
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. Under today’s decision and
order, LG shall be required to test and
rate its clothes washers with larger
clothes containers using an alternate test
procedure that takes the larger
capacities into account when measuring
energy consumption.
DATES: This Decision and Order is
effective March 1, 2011.
FOR FURTHER INFORMATION CONTACT:
Dr. Michael G. Raymond, U.S.
Department of Energy, Building
Technologies Program, Mailstop EE–
SUMMARY:
[FR Doc. 2011–4485 Filed 2–28–11; 8:45 am]
PO 00000
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2J, 1000 Independence Avenue, SW.,
Washington, DC 20585–0121.
Telephone: (202) 586–9611, E-mail:
mail to: Michael.Raymond@
ee.doe.gov.
Jennifer Tiedeman, U.S. Department of
Energy, Office of the General Counsel,
Mail Stop GC–71, 1000 Independence
Avenue, SW., Washington, DC 20585–
0103. Telephone: (202) 287–6111,
E-mail: mail to: Jennifer.Tiedeman@
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
E:\FR\FM\01MRN1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 40 (Tuesday, March 1, 2011)]
[Notices]
[Pages 11228-11233]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-4485]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. CW-018]
Energy Conservation Program for Consumer Products: Notice of
Petition for Waiver of LG Electronics USA, 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.
-----------------------------------------------------------------------
SUMMARY: This notice announces receipt of and publishes the LG
Electronics USA, Inc. (LG) 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 LG petition.
DATES: DOE will accept comments, data, and information with respect to
the LG petition until, but no later than March 31, 2011.
ADDRESSES: You may submit comments, identified by case number CW-018,
by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: AS_Waiver_Requests@ee.doe.gov Include ``Case No.
CW-018'' 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: John I. Taylor, Vice President, Government Relations
and Communications, LG Electronics USA, Inc., 1776 K Street, NW.,
Washington, DC 20006; (202) 719-3490; Email: john.taylor@lge.com.
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.
[[Page 11229]]
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. 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.Tiedeman@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 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.
---------------------------------------------------------------------------
\1\ For editorial reasons, upon codification in the U.S. Code,
Part B was re-designated Part A.
---------------------------------------------------------------------------
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 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 https://www.gc.energy.gov/1661.htm.
II. Application for Interim Waiver and Petition for Waiver
On September 24, 2010, LG 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, LG 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 November 24, 2010.
75 FR 71680. On January 19, 2011, LG 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 September 2010 petition for waiver.
LG'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. LG manufactures basic models
with capacities greater than 3.8 cubic feet, and it is for these basic
models that LG 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. 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 interim waiver granted to LG on
November 24, 2010. 75 FR 71680. 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 LG'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 LG
[[Page 11230]]
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. On September 16, 2010, DOE
granted interim waivers to General Electric (75 FR 57915 (September 23,
2010)) and Samsung (75 FR 57937 (September 23, 2010)) for similar
products. GE's waiver was granted on December 10, 2010. 75 FR 76968. As
stated above, DOE granted a previous interim waiver to LG on November
24, 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 interim waivers granted to LG, Whirlpool, Samsung and GE, it
appears likely that the petition for waiver will be granted. As a
result, DOE grants an interim waiver to LG for of 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 LG is hereby granted
for the specified LG clothes washer basic models, subject to the
specifications and conditions below.
1. LG 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. LG 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:
------------------------------------------------------------------------
Model Brand
------------------------------------------------------------------------
WM3360H***................................ LG
WM3550H***................................ LG
WM3150H**................................. LG
WM3975H***................................ LG
WM3985H***................................ LG
WT4901C*.................................. LG
294700.................. Kenmore
------------------------------------------------------------------------
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. LG 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 LG in a
subsequent Decision and Order.
The alternate procedure approved today is intended to allow LG 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 submitted by LG. As noted above, the Table 5.1 submitted by LG in
its petition is the same Table 5.1 that appears in DOE's clothes washer
test procedure NOPR. 75 FR 57556 (September 21, 1010). The NOPR Table
5.1 uses the accurate conversion factor 0.45359237 employed by LG and
Samsung to convert test loads from pounds to kilograms. The rounding
errors contained in earlier LG petitions for waiver are not present in
LG's current petition.
During the period of the interim waiver granted in this notice, LG
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
----------------------------------------------------------------------------------------------------------------
Container volume Minimum load Maximum load Average load
----------------------------------------------------------------------------------------------------------------
cu. ft. liter
----------------------------------------------- lb kg lb kg lb kg
[gteqt] < [gteqt] <
----------------------------------------------------------------------------------------------------------------
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
[[Page 11231]]
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
----------------------------------------------------------------------------------------------------------------
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 LG's petition for
waiver from certain parts of the test procedure that apply to clothes
washers and grants an interim waiver to LG. DOE is publishing LG'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 February 23, 2011.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.
LG Electronics U.S.A., Inc., 1000 Sylvan Avenue, Englewood Cliffs, NJ
07632
January 19, 2011
The Honorable Catherine Zoi, Assistant Secretary, Energy Efficiency and
Renewable Energy, United States Department of Energy, Mail Station EE-
10, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC
20585
Re: Petition for Waiver and Application for Interim Waiver, Test
Procedure for Clothes Washers
Dear Assistant Secretary Zoi: LG Electronics, Inc. (LG)
respectfully submits this Petition for Waiver and Application for
Interim Waiver, pursuant to 10 C.F.R. Sec. 430.27, as related to DOE's
test procedure for clothes washers. DOE has already granted LG an
interim waiver relating to testing of certain models. 75 Fed. Reg.
71680 (Nov. 24, 2010). The current Petition and Application would
expand the number of models subject to the grant of a waiver. LG
requests expedited treatment of the Petition and Application.
[[Page 11232]]
LG is a manufacturer of clothes washers and other products sold
worldwide, including in the United States. LG's U.S. operations are LG
Electronics USA, Inc., with headquarters at 1000 Sylvan Avenue,
Englewood Cliffs, NJ 07632 (tel. 201-816-2000). Its worldwide
headquarters are located at LG Twin Towers 20, Yoido-dong, Youngdungpo-
gu Seoul, Korea 150-721; (tel. 011-82-2-3777-1114); URL:
http.www.LGE.com. LG's principal brands include LG[reg] and OEM brands,
including GE[reg] and Kenmore[reg].
The test procedure under the Energy Policy and Conservation Act
(EPCA), 42 U.S.C. Sec. 6291 et seq., provides for clothes washers to
be tested with specified allowable test load sizes. See 10 C.F.R. Pt.
430, Subpt. B, App. J1, Table 5.1. The largest average load under Table
5.1 is 9.20 lbs. LG believes that it is appropriate for DOE to grant a
waiver that would allow for testing and rating of specified models (see
Appendix 1 hereto) with larger test loads where the model has a
container volume that is greater than the largest volume shown on Table
5.1.
DOE has already granted waivers and/or interim waivers to a number
of manufacturers, including LG, Whirlpool, General Electric, Samsung,
and Electrolux for testing with larger test loads for specified models
with container volumes in excess of 3.8 cubic feet. 75 Fed. Reg. 71680
(Nov. 24, 2010) (LG); id. 57915 (Sept. 23, 2010) (GE); id. 57937 (Sept.
23, 2010) (Samsung); id. 69653 (Nov. 15, 2010) (Whirlpool); id. 76962
(Dec. 10, 2010) (Electrolux); id. 76968 (Dec. 10, 2010) (GE); id. 81258
(Dec. 27, 2010) (Electrolux); 71 Fed. Reg. 48913 (Aug. 22, 2006)
(Whirlpool). The Association of Home Appliance Manufacturers (AHAM) has
submitted comments to DOE suggesting that the DOE test procedure be
amended to provide for testing with loads in excess of those shown in
Table 5.1 when testing is done on clothes washers with volumes in
excess of 3.8 cubic feet. See AHAM Comments on the Framework Document
for Residential Clothes Washers; EERE-2008-BT-STD-0019; RIN 1904-AB90,
at Appendix B--AHAM Proposed Changes to J1 Table 5.1 (Oct. 2, 2009). In
addition, DOE has issued a Notice of Proposed Rulemaking proposing to
amend the DOE test procedure to adopt the AHAM proposed Table 5.1. 75
Fed. Reg. 57556 (Sept. 21, 2010). Further, DOE has issued a guidance
document indicating the appropriateness of waivers for testing with
larger test loads for clothes washers with volumes in excess of 3.8
cubic feet. DOE, GC Enforcement Guidance on the Application of Waivers
and on the Waiver Process (Dec. 23, 2010), at https://www.gc.energy.gov/documents/LargeCapacityRCW_guidance_22210.pdf.
LG requests that DOE grant a waiver for testing and rating based on
the revised Table 5.1 in Appendix 2 hereto. This is the Table 5.1 as
already set forth in the interim waiver granted to LG for certain
models. See 75 Fed. Reg. 71680 (Nov. 24, 2010). The revised Table 5.1
should be applied to LG's testing and rating of other models as
specified in Appendix 1 hereto.\1\
---------------------------------------------------------------------------
\1\ All LG models are measured in accordance with DOE's final
guidance for measuring clothes container capacity under the test
procedure in 10 CFR part 430, Subpart B, Appendix J1.
---------------------------------------------------------------------------
The waiver should continue until DOE adopts an applicable amended
test procedure.
LG also requests an interim waiver for its testing and rating of
the foregoing models. The petition for waiver is likely to be granted,
as evidenced not only by its merits, but also because DOE has granted
waivers and/or interim waivers to LG, Whirlpool, GE, Samsung, and
Electrolux and has proposed a corresponding amendment to its test
procedure. Hence, grant of an interim waiver for LG is appropriate.
We would be pleased to discuss this request with DOE and provide
further information as needed.
LG requests expedited treatment of the Petition and Application. In
that regard, DOE has stated in its December 23, 2010 Enforcement
Guidance (supra) that it ``commits to act promptly on waiver
requests.'' LG appreciates this commitment by DOE.
We hereby certify that all manufacturers of domestically marketed
units of the same product type have been notified by letter of this
petition and application, copies of which letters are set forth in
Appendix 3 hereto.
Sincerely,
John I. Taylor,
Vice President, Government Relations and Communications, LG
Electronics USA, Inc., 1776 K Street, NW., Washington, DC 20006,
Phone: 202-719-3490, Fax: 847-941-8177, Email: john.taylor@lge.com
Of counsel: John A. Hodges, Wiley Rein LLP, 1776 K Street, NW.,
Washington, DC 20006, Phone: 202-719-7000, Fax: 202-719-7049, Email:
jhodges@wileyrein.com
Appendix 1
The waiver and interim waiver requested herein should apply to
testing and rating of the following model series of LG-manufactured
clothes washers. Please note that the actual model numbers will vary to
account for such factors as year of manufacture, product color, or
other features. Nonetheless, they will always have volumes in excess of
3.8 cubic feet.
(In the chart below, `` '' represents a number; ``*''
represents a letter.)
------------------------------------------------------------------------
Model Brand
------------------------------------------------------------------------
WM3360H***................................ LG.
WM3550H***................................ LG.
WM3150H**................................. LG.
WM3975H***................................ LG.
WM3985H***................................ LG.
WT4901C*.................................. LG.
294700.................. Kenmore.
------------------------------------------------------------------------
Appendix 2
Table 5.1--Test Load Sizes
----------------------------------------------------------------------------------------------------------------
Container volume Minimum load Maximum load Average load
----------------------------------------------------------------------------------------------------------------
cu. ft. >= < liter >= < lb kg lb kg lb kg
----------------------------------------------------------------------------------------------------------------
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
[[Page 11233]]
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
----------------------------------------------------------------------------------------------------------------
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).
[FR Doc. 2011-4485 Filed 2-28-11; 8:45 am]
BILLING CODE 6450-01-P
