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, 21881-21885 [2011-9475]
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Federal Register / Vol. 76, No. 75 / Tuesday, April 19, 2011 / Notices
TABLE 5.1—TEST LOAD SIZES—Continued
Container volume
Minimum load
cu. ft.
≥<
Average load
liter
≥<
Maximum load
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
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
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
kg
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
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
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
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
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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).
(4) Representations. LG may make
representations about the energy use of
its clothes washer products for
compliance, marketing, or other
purposes only to the extent that such
products have been tested in accordance
with the provisions outlined above and
such representations fairly disclose the
results of such testing.
(5) This waiver shall remain in effect
consistent with the provisions of 10 CFR
430.27(m).
(6) This waiver is issued on the
condition that the statements,
representations, and documentary
materials provided by the petitioner are
valid. DOE may revoke or modify this
waiver at any time if it determines the
factual basis underlying the petition for
waiver is incorrect, or the results from
the alternate test procedure are
unrepresentative of the basic models’
true energy consumption characteristics.
(7) This waiver applies only to those
basic models set out in LG’s petition for
waiver. Grant of this waiver does not
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release a petitioner from the
certification requirements set forth at 10
CFR 430.62.
Issued in Washington, DC, on April 12,
2011.
Kathleen B. Hogan,
Deputy Assistant Secretary, Energy Efficiency
and Renewable Energy.
[FR Doc. 2011–9474 Filed 4–18–11; 8:45 am]
BILLING CODE 6450–01–P
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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
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 Samsung
Electronics America, Inc. (Samsung)
petition for waiver and application for
SUMMARY:
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Federal Register / Vol. 76, No. 75 / Tuesday, April 19, 2011 / Notices
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:https://
www.regulations.gov. Follow the
instructions for submitting comments.
• E-mail: AS_Waiver_Requests
@ee.doe.gov Include ‘‘Case No. CW–019’’
in the subject line of the message.
• Mail: Ms. Brenda Edwards, U.S.
Department of Energy, Building
Technologies Program, Mailstop EE–2J/
1000 Independence Avenue, SW.,
Washington, DC 20585–0121.
Telephone: (202) 586–2945. Please
submit one signed original paper copy.
• Hand Delivery/Courier: Ms. Brenda
Edwards, U.S. Department of Energy,
Building Technologies Program, 950
L’Enfant Plaza SW., Suite 600,
Washington, DC 20024. Please submit
one signed original paper copy.
Instructions: All submissions received
should include the agency name and
case number for this proceeding. Submit
electronic comments in WordPerfect,
Microsoft Word, Portable Document
Format (PDF), or text (American
Standard Code for Information
Interchange (ASCII)) file format and
avoid the use of special characters or
any form of encryption. Wherever
possible, include the electronic
signature of the author. DOE does not
accept telefacsimiles (faxes).
Any person submitting written
comments must also send a copy to the
petitioner, pursuant to 10 CFR
430.27(d). The contact information for
the petitioner is: Michael Moss, Director
of Corporate Environmental Affairs,
Samsung Electronics America, Inc.,
18600 Broadwick Street, Rancho
Dominguez, CA 90220.
According to 10 CFR 1004.11, any
person submitting information that he
or she believes to be confidential and
exempt by law from public disclosure
should submit two copies to DOE: One
copy of the document including all the
information believed to be confidential,
and one copy of the document with the
information believed to be confidential
deleted. DOE will make its own
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determination about the confidential
status of the information and treat it
according to its determination.
Factors of interest to DOE when
evaluating requests to treat submitted
information as confidential include: (1)
A description of the items; (2) whether
and why such items are customarily
treated as confidential within the
industry; (3) whether the information is
generally known by or available from
other sources; (4) whether the
information has previously been made
available to others without obligation
concerning its confidentiality; (5) an
explanation of the competitive injury to
the submitting person which would
result from public disclosure; (6) a date
upon which such information might
lose its confidential nature due to the
passage of time; and (7) why disclosure
of the information would be contrary to
the public interest.
Docket: For access to the docket to
review the background documents
relevant to this matter, you may visit the
U.S. Department of Energy, 950 L’Enfant
Plaza, SW., (Resource Room of the
Building Technologies Program),
Washington, DC 20024; (202) 586–2945,
between 9 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
Available documents include the
following items: (1) This notice; (2)
public comments received; (3) the
petition for waiver and application for
interim waiver; and (4) prior DOE
waivers and rulemakings regarding
similar clothes washer products. Please
call Ms. Brenda Edwards at the above
telephone number for additional
information regarding visiting the
Resource Room.
FOR FURTHER INFORMATION CONTACT: Dr.
Michael G. Raymond, U.S. Department
of Energy, Building Technologies
Program, Mail Stop EE–2J, Forrestal
Building, 1000 Independence Avenue,
SW., Washington, DC 20585–0121.
Telephone: (202) 586–9611. E-mail:
Michael.Raymond@ee.doe.gov.
I. Background and Authority
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
SUPPLEMENTARY INFORMATION:
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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 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
1 For editorial reasons, upon codification in the
U.S. Code, Part B was re-designated Part A.
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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 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
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16:19 Apr 18, 2011
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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
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21883
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.
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Federal Register / Vol. 76, No. 75 / Tuesday, April 19, 2011 / Notices
TABLE 5.1—TEST LOAD SIZES
Container volume
Minimum load
cu. ft.
≥<
Average load
liter
≥<
Maximum 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 .....................
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
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
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
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
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
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
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
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
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
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
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
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
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
mstockstill on DSKH9S0YB1PROD with NOTICES
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
VerDate Mar<15>2010
16:19 Apr 18, 2011
Jkt 223001
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
PO 00000
Frm 00031
Fmt 4703
Sfmt 4703
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
E:\FR\FM\19APN1.SGM
19APN1
Federal Register / Vol. 76, No. 75 / Tuesday, April 19, 2011 / Notices
(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.
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
mstockstill on DSKH9S0YB1PROD with NOTICES
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 § 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
VerDate Mar<15>2010
16:19 Apr 18, 2011
Jkt 223001
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:
WA5471*
WA5461*
WA5451*
WA5441*
WA5431*
*
*
*
*
*
*
*
*
*
*
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
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Project No. 12758–003]
BOST5 Hydroelectric Company, LLC;
Notice of Application Tendered for
Filing With the Commission and
Soliciting Additional Study Requests
Take notice that the following
hydroelectric application has been filed
with the Commission and is available
for public inspection.
a. Type of Application: Original Major
License.
PO 00000
Frm 00032
Fmt 4703
Sfmt 4703
21885
b. Project No.: P–12758–003.
c. Date filed: March 28, 2011.
d. Applicant: BOST5 Hydroelectric
Company, LLC (BOST5).
e. Name of Project: Red River Lock &
Dam No. 5 Hydroelectric Project.
f. Location: The proposed project
would be located at the existing Army
Corps of Engineer’s (Corps) Red River
Lock & Dam No. 5 on the Red River,
near the town of Ninock near the City
of Shreveport, Louisiana.
g. Filed Pursuant to: Federal Power
Act 16 U.S.C. 791 (a)–825(r).
h. Applicant Contacts: Mr. Douglas A.
Spalding, BOST5 Hydroelectric
Company, LLC, 8441 Wayzata Blvd.,
Suite 101, Golden Valley, MN 55426;
(952) 544–8133.
i. FERC Contact: Jeanne Edwards
(202) 502–6181 or by e-mail at
jeanne.edwards@ferc.gov.
j. Cooperating agencies: Federal, state,
local, and tribal agencies with
jurisdiction and/or special expertise
with respect to environmental issues
that wish to cooperate in the
preparation of the environmental
document should follow the
instructions for filing such requests
described in item l below. Cooperating
agencies should note the Commission’s
policy that agencies that cooperate in
the preparation of the environmental
document cannot also intervene. See, 94
FERC ¶ 61,076 (2001).
k. Pursuant to section 4.32(b)(7) of 18
CFR of the Commission’s regulations, if
any resource agency, Indian Tribe, or
person believes that an additional
scientific study should be conducted in
order to form an adequate factual basis
for a complete analysis of the
application on its merit, the resource
agency, Indian Tribe, or person must file
a request for a study with the
Commission not later than 60 days from
the date of filing of the application, and
serve a copy of the request on the
applicant.
l. Deadline for filing additional study
requests and requests for cooperating
agency status: June 11, 2011.
All documents may be filed
electronically via the internet. See 18
CFR 385.2001(a)(1)(iii) and the
instructions on the Commission’s Web
site (https://www.ferc.gov/docs-filing/
ferconline.asp) under the ‘‘e-Filing’’ link.
For a simpler method of submitting text
only comments, click on ‘‘eComment.’’
For assistance, please contact FERC
Online Support at
FERCOnlineSupport@ferc.gov; call tollfree at (866) 208–3676; or, for TTY,
contact (202) 502–8659. Although the
Commission strongly encourages
electronic filing, documents may also be
paper-filed. To paper-file, mail an
E:\FR\FM\19APN1.SGM
19APN1
]]>Agencies
[Federal Register Volume 76, Number 75 (Tuesday, April 19, 2011)]
[Notices]
[Pages 21881-21885]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-9475]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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:https://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: AS_Waiver_Requests@ee.doe.gov Include ``Case No.
CW-019'' in the subject line of the message.
Mail: Ms. Brenda Edwards, U.S. Department of Energy,
Building Technologies Program, Mailstop EE-2J/1000 Independence Avenue,
SW., Washington, DC 20585-0121. Telephone: (202) 586-2945. Please
submit one signed original paper copy.
Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department
of Energy, Building Technologies Program, 950 L'Enfant Plaza SW., Suite
600, Washington, DC 20024. Please submit one signed original paper
copy.
Instructions: All submissions received should include the agency
name and case number for this proceeding. Submit electronic comments in
WordPerfect, Microsoft Word, Portable Document Format (PDF), or text
(American Standard Code for Information Interchange (ASCII)) file
format and avoid the use of special characters or any form of
encryption. Wherever possible, include the electronic signature of the
author. DOE does not accept telefacsimiles (faxes).
Any person submitting written comments must also send a copy to the
petitioner, pursuant to 10 CFR 430.27(d). The contact information for
the petitioner is: Michael Moss, Director of Corporate Environmental
Affairs, Samsung Electronics America, Inc., 18600 Broadwick Street,
Rancho Dominguez, CA 90220.
According to 10 CFR 1004.11, any person submitting information that
he or she believes to be confidential and exempt by law from public
disclosure should submit two copies to DOE: One copy of the document
including all the information believed to be confidential, and one copy
of the document with the information believed to be confidential
deleted. DOE will make its own determination about the confidential
status of the information and treat it according to its determination.
Factors of interest to DOE when evaluating requests to treat
submitted information as confidential include: (1) A description of the
items; (2) whether and why such items are customarily treated as
confidential within the industry; (3) whether the information is
generally known by or available from other sources; (4) whether the
information has previously been made available to others without
obligation concerning its confidentiality; (5) an explanation of the
competitive injury to the submitting person which would result from
public disclosure; (6) a date upon which such information might lose
its confidential nature due to the passage of time; and (7) why
disclosure of the information would be contrary to the public interest.
Docket: For access to the docket to review the background documents
relevant to this matter, you may visit the U.S. Department of Energy,
950 L'Enfant Plaza, SW., (Resource Room of the Building Technologies
Program), Washington, DC 20024; (202) 586-2945, between 9 a.m. and 4
p.m., Monday through Friday, except Federal holidays. Available
documents include the following items: (1) This notice; (2) public
comments received; (3) the petition for waiver and application for
interim waiver; and (4) prior DOE waivers and rulemakings regarding
similar clothes washer products. Please call Ms. Brenda Edwards at the
above telephone number for additional information regarding visiting
the Resource Room.
FOR FURTHER INFORMATION CONTACT: Dr. Michael G. Raymond, U.S.
Department of Energy, Building Technologies Program, Mail Stop EE-2J,
Forrestal Building, 1000 Independence Avenue, SW., Washington, DC
20585-0121. Telephone: (202) 586-9611. E-mail:
Michael.Raymond@ee.doe.gov.
I. Background and Authority
SUPPLEMENTARY INFORMATION: Ms. Jennifer Tiedeman, U.S. Department of
Energy, Office of the General Counsel, Mail Stop GC-71, Forrestal
Building, 1000 Independence Avenue, SW., Washington, DC 20585-0103.
Telephone: (202) 287-6111. E-mail: Jennifer.Tiedemanmailto:@hq.doe.gov.
Title III, Part B of the Energy Policy and Conservation Act of 1975
(EPCA), Public Law 94-163 (42 U.S.C. 6291-6309, as codified),
established the Energy Conservation Program for Consumer Products Other
Than Automobiles, a program covering most major household appliances,
which includes the clothes washers that are the focus of this
notice.\1\ Part B includes definitions, test procedures, labeling
provisions, energy conservation standards, and the authority to require
information and reports from manufacturers. Further, Part B authorizes
the Secretary of Energy to prescribe test procedures that are
reasonably designed to produce results which measure energy efficiency,
energy use, or estimated operating costs, and that are not unduly
burdensome to conduct. (42 U.S.C. 6293(b)(3)). The test procedure for
automatic and semi-automatic clothes washers is contained in 10 CFR
part 430, subpart B, appendix J1.
---------------------------------------------------------------------------
\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
[[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 https://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
--------------------------------------------------------------------------------------------------------------------------------------------------------
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
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:
------------------------------------------------------------------------
-------------------------------------------------------------------------
WA5471* * *
WA5461* * *
WA5451* * *
WA5441* * *
WA5431* * *
------------------------------------------------------------------------
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
