Decision and Order Granting a Waiver to Samsung From the Department of Energy Residential Clothes Washer Test Procedure, 70996-70999 [2011-29596]
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70996
Federal Register / Vol. 76, No. 221 / Wednesday, November 16, 2011 / Notices
of the four types of previously-identified
outcomes.
For estimating energy, cost, and
demand savings, the high and mediumhigh rigor evaluations require data such
as pre- and post-participation energy
use and demand, surveys of measure
implementation or participation, and
verification of installation of energy
efficient equipment and operating
conditions and schedule by interview
and/or on-site inspection. The
calculation of energy impacts will
follow the IPMVP methods and will
include estimation of gross and net
savings, annualizing and normalizing
results to post-participation levels to
calculate impacts. Medium-high rigor
evaluations will utilize telephone
interview data, combined with
engineering data and secondary data,
such as published reports and program
statistics to calculate energy impacts.
The high and medium-high rigor
evaluation of increases in renewable
energy capacity and generation will
require collection of meter data (where
available from participants), on-site
inspection and review of the system
design and equipment used, interviews
with project owners and operators, and
review of project files. Medium-low
rigor evaluations will utilize secondary
data, such as published reports and
statistics.
The high and medium-high rigor
evaluations of carbon emissions
reductions will require an assessment of
annualized carbon dioxide reductions
achieved as a result of SEP-funded
activities. This assessment will require
calculation of reductions in
consumption of fossil fuel and
replacement of fossil fuel generation
with renewable energy generation. The
data required for these assessments will
include the types of data identified
above for energy savings and for
increases in renewable generation.
The high and medium-high rigor
evaluations of direct and indirect job
impacts will use a 51-region (State)
Regional Economic Models, Inc. (REMI)
Policy Insight simulation model. Data
required for the job creation analysis
will include the types of data identified
above for energy, cost, and demand
savings to calculate the dollar savings to
households and businesses resulting
from energy and electric demand plus
surveys of additional expenditures on
new energy-efficient equipment and
systems. State economic data on
patterns of spending and business sales
among key sectors affecting the flow of
dollars into, out of, and within the state
will also be required.
The evaluation will utilize three
distinct data collection methods. First,
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17:45 Nov 15, 2011
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the evaluation will employ a total of six
computer-assisted telephone
interviewing (CATI) survey instruments.
With an average of approximately 669
respondents per telephone survey, 4,016
telephone survey respondents will be
targeted for participation in the
evaluation. Second, the study will
utilize 28 individual in-depth interview
guides targeting an average of
approximately 31 respondents each,
with a total target population of 881
interviewees. Third, a total of 152 onsite data collections will be conducted
as part of the evaluation. Together, these
three methods will involve 4,897
respondents and entail a total burden of
5,094 hours. (This calculation is based
on assumptions that telephone surveys
require 45 minutes on average, in-depth
interviews 90 minutes, and on-site data
collections 300 minutes.)
The above-described data collection
methods will be supplemented by
additional records research and
database review activities applicable to
all three methods across all participant
categories. These general recordkeeping
activities will require an estimated
1,072 hours. Combining the burden
hours associated with telephone
surveys, in-depth interviews, and onsite data collections (5,094 hours) with
the burden hours associated with
general records review (1,072 hours)
produces a total estimated burden of
6,166 hours.
The evaluation protocols will provide
BPAC-level estimates for each of the
outcome measures. The results of the
evaluations for all the BPACs studied
will be expanded to produce cumulative
estimates. Outcome measures will be
calculated for the 2008 (pre-ARRA) and
the 2009–2011 (ARRA funding)
evaluation periods.
A number of steps are being taken to
avoid duplicating the efforts of any
concurrent evaluations of SEP activities
sponsored by individual states. These
include: (1) Coordinating with the
National Association of State Energy
Officials (NASEO) to share information
on the programmatic activities being
examined by specific states; (2)
coordinating with regional DOE project
officers to identify any State evaluation
efforts with which they are associated;
(3) meeting with selected State program
managers to keep informed of ongoing
evaluation efforts and the research
approaches being employed; and (4)
coordinating with evaluation
contractors to learn of State evaluation
efforts with which they are involved.
These efforts will keep the national SEP
evaluation informed of what States are
doing so that the programmatic
activities sampled for this study do not
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overlap with any independent State
evaluations. In addition to these efforts
to avoid duplication, DOE has provided
a set of evaluation guidelines to the
States to help inform their evaluation
efforts and ensure that the results are
reliable enough to allow them to be used
to support the national SEP evaluation
without the need to study the same
activities again.
The sample selection of BPACs and
specific programmatic activities within
each BPAC was completed in June 2011.
Data collection and calculation of
outcomes is scheduled to be completed
by July 2012.
The detailed study design and work
plan for the SEP evaluation has been
available for public review since May,
2011 at https://weatherization.ornl.gov/
evaluation_sep.shtml.
(5) Annual Estimated Number of
Respondents: 4,897.
(6) Annual Estimated Number of
Total Responses: 5,049.
(7) Annual Estimated Total Number
of Burden Hours: 6,166.
Statutory Authority: Title III of the Energy
Policy and Conservation Act of 1975, (42
U.S.C. 6321 et seq.) as amended, authorizes
DOE to administer the State Energy Program
(SEP).
Issued in Washington, DC, on November 3,
2011.
Henry C. Kelly,
Acting Assistant Secretary, Energy Efficiency
and Renewable Energy.
[FR Doc. 2011–29603 Filed 11–15–11; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Office of Energy Efficiency and
Renewable Energy
[Case No. CW–020]
Decision and Order Granting a Waiver
to Samsung 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:
The U.S. Department of
Energy (DOE) gives notice of the
decision and order (Case No. CW–020)
that grants to Samsung Electronics
America, Inc. (Samsung) a waiver from
the DOE clothes washer test procedure
for determining the energy consumption
of clothes washers for the basic models
set forth in its petition for waiver. Under
today’s decision and order, Samsung
shall be required to test and rate these
clothes washers using an alternate test
SUMMARY:
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Federal Register / Vol. 76, No. 221 / Wednesday, November 16, 2011 / Notices
procedure that takes the large capacities
into account when measuring energy
consumption.
DATES: This Decision and Order is
effective November 16, 2011.
FOR FURTHER INFORMATION CONTACT: Dr.
Michael G. Raymond, U.S. Department
of Energy, Building Technologies
Program, Mailstop EE–2J, 1000
Independence Avenue SW.,
Washington, DC 20585–0121.
Telephone: (202) 586–9611, Email:
Michael.Raymond@ee.doe.gov.
Elizabeth Kohl, U.S. Department of
Energy, Office of the General Counsel,
Mail Stop GC–71, 1000 Independence
Avenue SW., Washington, DC 20585–
0103. Telephone: (202) 586–7796,
Email: Elizabeth.Kohl@hq.doe.gov.
SUPPLEMENTARY INFORMATION: In
accordance with Title 10 of the Code of
Federal Regulations (10 CFR 430.27(l)),
DOE gives notice of the issuance of its
decision and order as set forth below.
The decision and order grants Samsung
a waiver from the applicable clothes
washer test procedure in 10 CFR part
430, subpart B, appendix J1 for certain
basic models of clothes washers with
capacities greater than 3.8 cubic feet,
provided that Samsung tests and rates
such products using the alternate test
procedure described in this notice.
Today’s decision prohibits Samsung
from making representations concerning
the energy efficiency of these products
unless the product has been tested
consistent with the provisions and
restrictions in the alternate test
procedure set forth in the decision and
order below, and the representations
fairly disclose the test results.
Distributors, retailers, and private
labelers are held to the same standard
when making representations regarding
the energy efficiency of these products.
42 U.S.C. 6293(c).
Issued in Washington, DC, on November 8,
2011.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
mstockstill on DSK4VPTVN1PROD with NOTICES
Decision and Order
In the Matter of: Samsung Electronics
America, Inc. (Case No. CW–020).
I. Background and Authority
Title III, Part B of the Energy Policy
and Conservation Act of 1975 (EPCA),
Public Law 94–163 (42 U.S.C. 6291–
6309, as codified) established the
Energy Conservation Program for
Consumer Products Other Than
Automobiles, a program covering most
major household appliances, which
includes the residential clothes washers
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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 set forth in
10 CFR part 430, subpart B, appendix J1.
DOE’s regulations for covered
products contain provisions allowing a
person to seek a waiver from the test
procedure requirements for a particular
basic model for covered consumer
products when (1) the petitioner’s basic
model for which the petition for waiver
was submitted contains one or more
design characteristics that prevent
testing according to the prescribed test
procedure, or (2) when prescribed test
procedures may evaluate the basic
model in a manner so unrepresentative
of its true energy consumption
characteristics as to provide materially
inaccurate comparative data. 10 CFR
430.27(a)(1). Petitioners must include in
their petition any alternate test
procedures known to the petitioner to
evaluate the basic model in a manner
representative of its energy
consumption characteristics. 10 CFR
430.27(b)(1)(iii).
The Assistant Secretary for Energy
Efficiency and Renewable Energy (the
Assistant Secretary) may grant a waiver
subject to conditions, including
adherence to alternate test procedures.
10 CFR 430.27(l). Waivers remain in
effect pursuant to the provisions of 10
CFR 430.27(m).
Any interested person who has
submitted a petition for waiver may also
file an application for interim waiver of
the applicable test procedure
requirements. 10 CFR 430.27(a)(2). The
Assistant Secretary will grant an interim
waiver request if it is determined that
the applicant will experience economic
hardship if the interim waiver is denied,
if it appears likely that the petition for
waiver will be granted, and/or the
Assistant Secretary determines that it
would be desirable for public policy
reasons to grant immediate relief
pending a determination on the petition
for waiver. 10 CFR 430.27(g).
On December 23, 2010, DOE issued
enforcement guidance for large-capacity
clothes washers. This guidance can be
1 For editorial reasons, upon codification in the
U.S. Code, Part B was re-designated Part A.
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70997
found on DOE’s Web site at https://
energy.gov/sites/prod/files/gcprod/
documents/LargeCapacityRCW_
guidance_122210.pdf.
II. Samsung’s Petition for Waiver:
Assertions and Determinations
On June 20, 2011, Samsung submitted
the instant petition for waiver and
application for interim waiver (petition)
from the test procedure applicable to
automatic and semi-automatic clothes
washers set forth in 10 CFR part 430,
subpart B, appendix J1. Samsung
requested a waiver to test specified
basic models of its residential clothes
washers with basket volumes greater
than 3.8 cubic feet on the basis of the
test procedures contained in 10 CFR
part 430, Subpart B, Appendix J1, with
a revised Table 5.1 which extends the
range of container volumes beyond 3.8
cubic feet. Samsung’s instant petition
and DOE’s grant of interim waiver were
published in the Federal Register on
August 8, 2011. 76 FR 48149. DOE
received no comments on the Samsung
petition.
Samsung’s petition seeks a waiver
from the DOE test procedure because
the mass of the test load used in the
procedure, which is based on the basket
volume of the test unit, is currently not
defined for basket sizes greater than 3.8
cubic feet. The basic models specified in
Samsung’s February 2011 petition have
capacities larger than 3.8 cubic feet. In
addition, if the current maximum test
load mass is used to test these products,
the tested energy use would be less than
the actual energy usage and could
evaluate the basic model in a manner so
unrepresentative of its true energy
consumption characteristics as to
provide materially inaccurate
comparative data.
Table 5.1 of Appendix J1 defines the
test load sizes used in the test procedure
as linear functions of the basket volume.
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 waiver granted to Samsung
on March 10, 2011 (76 FR 13169). The
table is identical to the Table 5.1 found
in DOE’s clothes washer test procedure
Notice of Proposed Rulemaking (NOPR).
75 FR 57556 (Sept. 21, 1010).
As DOE has stated in the past, it is in
the public interest to have similar
products tested and rated for energy
consumption on a comparable basis.
Previously, DOE granted a test
procedure waiver to Whirlpool for three
of Whirlpool’s clothes washer models
with container capacities greater than
3.8 cubic feet. 75 FR 69653 (Nov. 15,
2010). This notice contained an
alternate test procedure, which
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70998
Federal Register / Vol. 76, No. 221 / Wednesday, November 16, 2011 / Notices
extended the linear relationship
between maximum test load size and
clothes washer container volume in
Table 5.1 to include a maximum test
load size of 15.4 pounds (lbs) for clothes
washer container volumes of 3.8 to 3.9
cubic feet. This test procedure was set
forth in DOE’s September 2010 NOPR.
On December 10, 2010, DOE granted a
similar waiver to General Electric
Company (GE), which used the same
alternate test procedure. 75 FR 76968.
DOE has also granted waivers to
Electrolux (76 FR 11440 (Mar. 2, 2011)),
LG (76 FR 11233 (Mar. 1, 2011)) and
Samsung (76 FR 13169 (Mar. 10, 2011);
76 FR 50207 (Aug. 12, 2011)).
DOE notes that its recently issued
supplemental proposed rule (https://
www.eere.energy.gov/buildings/
appliance_standards/residential/pdfs/
rcw_tp_snopr.pdf) to amend the test
procedures for clothes washers makes
slight adjustments to Table 5.1 to correct
for rounding errors. The alternate test
procedure set forth in this decision and
order adopts this updated table. (76 FR
49238, Aug. 9, 2011).
III. Consultations With Other Agencies
DOE consulted with the Federal Trade
Commission (FTC) staff concerning the
Samsung petition for waiver. The FTC
staff did not have any objections to
granting a waiver to Samsung.
IV. Conclusion
After careful consideration of all the
material that was submitted by
Samsung, the waivers granted to
Whirlpool, GE, LG and Electrolux, as
well as previously to Samsung, the
clothes washer test procedure
rulemaking, and consultation with the
FTC staff, it is ordered that:
(1) The petition for waiver submitted
by the Samsung Electronics America,
Inc. (Case No. CW–020) is hereby
granted as set forth in the paragraphs
below.
(2) Samsung shall be required to test
and rate the following Samsung models
according to the alternate test procedure
set forth in paragraph (3) below.
WF501* * *
(3) Samsung shall be required to test
the products listed in paragraph (2)
above according to the test procedures
for clothes washers prescribed by DOE
at 10 CFR part 430, appendix J1, except
that the expanded Table 5.1 below shall
be substituted for Table 5.1 of appendix
J1.
TABLE 5.1—TEST LOAD SIZES
Container volume
Minimum load
≥<
Average load
liter
≥<
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cu. ft.
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 .....................
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
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
17:45 Nov 15, 2011
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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
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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
Fmt 4703
Sfmt 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
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
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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
16NON1
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
10.85
11.05
11.25
11.45
11.65
11.85
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
Federal Register / Vol. 76, No. 221 / Wednesday, November 16, 2011 / Notices
70999
TABLE 5.1—TEST LOAD SIZES—Continued
Container volume
Minimum load
cu. ft.
≥<
Average load
liter
≥<
Maximum load
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
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
lb
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
kg
21.10
21.50
21.90
22.30
22.80
23.20
23.60
24.00
24.40
lb
9.58
9.76
9.95
10.13
10.32
10.51
10.69
10.88
11.06
kg
12.05
12.25
12.45
12.65
12.90
13.10
13.30
13.50
13.70
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).
mstockstill on DSK4VPTVN1PROD with NOTICES
(4) Representations. Samsung 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 Samsung’s June
20, 2011 petition for waiver. Grant of
this waiver does not release a petitioner
from the certification requirements set
forth at 10 CFR part 429.
DEPARTMENT OF ENERGY
Office of Energy Efficiency and
Renewable Energy
[Case No. CW–022]
Notice of Petition for Waiver of LG
Electronics U.S.A., Inc. From the
Department of Energy 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,
notice of grant of interim waiver, and
request for comments.
AGENCY:
This notice announces receipt
of and publishes the LG Electronics
U.S.A., 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.
Issued in Washington, DC, on November 8,
DATES: DOE will accept comments, data,
2011.
and information with respect to the LG
lllllllllllllllllllll petition until December 16, 2011.
Kathleen B. Hogan,
ADDRESSES: You may submit comments,
Deputy Assistant Secretary for Energy
identified by case number CW–022, by
Efficiency, Energy Efficiency and Renewable
any of the following methods:
Energy.
• Federal eRulemaking Portal: https://
[FR Doc. 2011–29596 Filed 11–15–11; 8:45 am]
www.regulations.gov. Follow the
BILLING CODE 6450–01–P
instructions for submitting comments.
• Email:
AS_Waiver_Requests@ee.doe.gov.
Include ‘‘Case No. CW–022’’ 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.,
VerDate Mar<15>2010
17:45 Nov 15, 2011
Jkt 226001
SUMMARY:
PO 00000
Frm 00046
Fmt 4703
Sfmt 4703
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.
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., 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.
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. Email:
Michael.Raymond@ee.doe.gov.
Ms. Elizabeth Kohl, 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) 586–7796. Email:
Elizabeth.Kohl@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
E:\FR\FM\16NON1.SGM
16NON1
]]>Agencies
[Federal Register Volume 76, Number 221 (Wednesday, November 16, 2011)]
[Notices]
[Pages 70996-70999]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-29596]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. CW-020]
Decision and Order Granting a Waiver to Samsung From the
Department of Energy Residential Clothes Washer Test Procedure
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Decision and Order.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (DOE) gives notice of the
decision and order (Case No. CW-020) that grants to Samsung Electronics
America, Inc. (Samsung) a waiver from the DOE clothes washer test
procedure for determining the energy consumption of clothes washers for
the basic models set forth in its petition for waiver. Under today's
decision and order, Samsung shall be required to test and rate these
clothes washers using an alternate test
[[Page 70997]]
procedure that takes the large capacities into account when measuring
energy consumption.
DATES: This Decision and Order is effective November 16, 2011.
FOR FURTHER INFORMATION CONTACT: Dr. Michael G. Raymond, U.S.
Department of Energy, Building Technologies Program, Mailstop EE-2J,
1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone:
(202) 586-9611, Email: Michael.Raymond@ee.doe.gov.
Elizabeth Kohl, U.S. Department of Energy, Office of the General
Counsel, Mail Stop GC-71, 1000 Independence Avenue SW., Washington, DC
20585-0103. Telephone: (202) 586-7796, Email:
Elizabeth.Kohl@hq.doe.gov.
SUPPLEMENTARY INFORMATION: In accordance with Title 10 of the Code of
Federal Regulations (10 CFR 430.27(l)), DOE gives notice of the
issuance of its decision and order as set forth below. The decision and
order grants Samsung a waiver from the applicable clothes washer test
procedure in 10 CFR part 430, subpart B, appendix J1 for certain basic
models of clothes washers with capacities greater than 3.8 cubic feet,
provided that Samsung tests and rates such products using the alternate
test procedure described in this notice. Today's decision prohibits
Samsung from making representations concerning the energy efficiency of
these products unless the product has been tested consistent with the
provisions and restrictions in the alternate test procedure set forth
in the decision and order below, and the representations fairly
disclose the test results. Distributors, retailers, and private
labelers are held to the same standard when making representations
regarding the energy efficiency of these products. 42 U.S.C. 6293(c).
Issued in Washington, DC, on November 8, 2011.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
Decision and Order
In the Matter of: Samsung Electronics America, Inc. (Case No. CW-
020).
I. Background and Authority
Title III, Part B of the Energy Policy and Conservation Act of 1975
(EPCA), Public Law 94-163 (42 U.S.C. 6291-6309, as codified)
established the Energy Conservation Program for Consumer Products Other
Than Automobiles, a program covering most major household appliances,
which includes the residential clothes washers that are the focus of
this notice.\1\ Part B includes definitions, test procedures, labeling
provisions, energy conservation standards, and the authority to require
information and reports from manufacturers. Further, Part B authorizes
the Secretary of Energy to prescribe test procedures that are
reasonably designed to produce results which measure energy efficiency,
energy use, or estimated operating costs, and that are not unduly
burdensome to conduct. (42 U.S.C. 6293(b)(3)) The test procedure for
automatic and semi-automatic clothes washers is set forth in 10 CFR
part 430, subpart B, appendix J1.
---------------------------------------------------------------------------
\1\ For editorial reasons, upon codification in the U.S. Code,
Part B was re-designated Part A.
---------------------------------------------------------------------------
DOE's regulations for covered products contain provisions allowing
a person to seek a waiver from the test procedure requirements for a
particular basic model for covered consumer products when (1) the
petitioner's basic model for which the petition for waiver was
submitted contains one or more design characteristics that prevent
testing according to the prescribed test procedure, or (2) when
prescribed test procedures may evaluate the basic model in a manner so
unrepresentative of its true energy consumption characteristics as to
provide materially inaccurate comparative data. 10 CFR 430.27(a)(1).
Petitioners must include in their petition any alternate test
procedures known to the petitioner to evaluate the basic model in a
manner representative of its energy consumption characteristics. 10 CFR
430.27(b)(1)(iii).
The Assistant Secretary for Energy Efficiency and Renewable Energy
(the Assistant Secretary) may grant a waiver subject to conditions,
including adherence to alternate test procedures. 10 CFR 430.27(l).
Waivers remain in effect pursuant to the provisions of 10 CFR
430.27(m).
Any interested person who has submitted a petition for waiver may
also file an application for interim waiver of the applicable test
procedure requirements. 10 CFR 430.27(a)(2). The Assistant Secretary
will grant an interim waiver request if it is determined that the
applicant will experience economic hardship if the interim waiver is
denied, if it appears likely that the petition for waiver will be
granted, and/or the Assistant Secretary determines that it would be
desirable for public policy reasons to grant immediate relief pending a
determination on the petition for waiver. 10 CFR 430.27(g).
On December 23, 2010, DOE issued enforcement guidance for large-
capacity clothes washers. This guidance can be found on DOE's Web site
at https://energy.gov/sites/prod/files/gcprod/documents/LargeCapacityRCW_guidance_122210.pdf.
II. Samsung's Petition for Waiver: Assertions and Determinations
On June 20, 2011, Samsung submitted the instant petition for waiver
and application for interim waiver (petition) from the test procedure
applicable to automatic and semi-automatic clothes washers set forth in
10 CFR part 430, subpart B, appendix J1. Samsung requested a waiver to
test specified basic models of its residential clothes washers with
basket volumes greater than 3.8 cubic feet on the basis of the test
procedures contained in 10 CFR part 430, Subpart B, Appendix J1, with a
revised Table 5.1 which extends the range of container volumes beyond
3.8 cubic feet. Samsung's instant petition and DOE's grant of interim
waiver were published in the Federal Register on August 8, 2011. 76 FR
48149. DOE received no comments on the Samsung petition.
Samsung's petition seeks a waiver from the DOE test procedure
because the mass of the test load used in the procedure, which is based
on the basket volume of the test unit, is currently not defined for
basket sizes greater than 3.8 cubic feet. The basic models specified in
Samsung's February 2011 petition have capacities larger than 3.8 cubic
feet. In addition, if the current maximum test load mass is used to
test these products, the tested energy use would be less than the
actual energy usage and could evaluate the basic model in a manner so
unrepresentative of its true energy consumption characteristics as to
provide materially inaccurate comparative data.
Table 5.1 of Appendix J1 defines the test load sizes used in the
test procedure as linear functions of the basket volume. 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 waiver granted to
Samsung on March 10, 2011 (76 FR 13169). The table is identical to the
Table 5.1 found in DOE's clothes washer test procedure Notice of
Proposed Rulemaking (NOPR). 75 FR 57556 (Sept. 21, 1010).
As DOE has stated in the past, it is in the public interest to have
similar products tested and rated for energy consumption on a
comparable basis. Previously, DOE granted a test procedure waiver to
Whirlpool for three of Whirlpool's clothes washer models with container
capacities greater than 3.8 cubic feet. 75 FR 69653 (Nov. 15, 2010).
This notice contained an alternate test procedure, which
[[Page 70998]]
extended the linear relationship between maximum test load size and
clothes washer container volume in Table 5.1 to include a maximum test
load size of 15.4 pounds (lbs) for clothes washer container volumes of
3.8 to 3.9 cubic feet. This test procedure was set forth in DOE's
September 2010 NOPR. On December 10, 2010, DOE granted a similar waiver
to General Electric Company (GE), which used the same alternate test
procedure. 75 FR 76968. DOE has also granted waivers to Electrolux (76
FR 11440 (Mar. 2, 2011)), LG (76 FR 11233 (Mar. 1, 2011)) and Samsung
(76 FR 13169 (Mar. 10, 2011); 76 FR 50207 (Aug. 12, 2011)).
DOE notes that its recently issued supplemental proposed rule
(https://www.eere.energy.gov/buildings/appliance_standards/residential/pdfs/rcw_tp_snopr.pdf) to amend the test procedures for clothes
washers makes slight adjustments to Table 5.1 to correct for rounding
errors. The alternate test procedure set forth in this decision and
order adopts this updated table. (76 FR 49238, Aug. 9, 2011).
III. Consultations With Other Agencies
DOE consulted with the Federal Trade Commission (FTC) staff
concerning the Samsung petition for waiver. The FTC staff did not have
any objections to granting a waiver to Samsung.
IV. Conclusion
After careful consideration of all the material that was submitted
by Samsung, the waivers granted to Whirlpool, GE, LG and Electrolux, as
well as previously to Samsung, the clothes washer test procedure
rulemaking, and consultation with the FTC staff, it is ordered that:
(1) The petition for waiver submitted by the Samsung Electronics
America, Inc. (Case No. CW-020) is hereby granted as set forth in the
paragraphs below.
(2) Samsung shall be required to test and rate the following
Samsung models according to the alternate test procedure set forth in
paragraph (3) below.
WF501* * *
(3) Samsung shall be required to test the products listed in
paragraph (2) above according to the test procedures for clothes
washers prescribed by DOE at 10 CFR part 430, appendix J1, except that
the expanded Table 5.1 below shall be substituted for Table 5.1 of
appendix J1.
Table 5.1--Test Load Sizes
--------------------------------------------------------------------------------------------------------------------------------------------------------
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 10.85 4.91
4.60-4.70............................... 130.3-133.1 3.00 1.36 19.10 8.65 11.05 5.00
4.70-4.80............................... 133.1-135.9 3.00 1.36 19.50 8.83 11.25 5.10
4.80-4.90............................... 135.9-138.8 3.00 1.36 19.90 9.02 11.45 5.19
4.90-5.00............................... 138.8-141.6 3.00 1.36 20.30 9.20 11.65 5.28
5.00-5.10............................... 141.6-144.4 3.00 1.36 20.70 9.39 11.85 5.38
[[Page 70999]]
5.10-5.20............................... 144.4-147.2 3.00 1.36 21.10 9.58 12.05 5.47
5.20-5.30............................... 147.2-150.1 3.00 1.36 21.50 9.76 12.25 5.56
5.30-5.40............................... 150.1-152.9 3.00 1.36 21.90 9.95 12.45 5.65
5.40-5.50............................... 152.9-155.7 3.00 1.36 22.30 10.13 12.65 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).
(4) Representations. Samsung 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
Samsung's June 20, 2011 petition for waiver. Grant of this waiver does
not release a petitioner from the certification requirements set forth
at 10 CFR part 429.
Issued in Washington, DC, on November 8, 2011.
-----------------------------------------------------------------------
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency
and Renewable Energy.
\[FR Doc. 2011-29596 Filed 11-15-11; 8:45 am]
BILLING CODE 6450-01-P
