Petition for Waiver of LG Electronics, Inc. From the Department of Energy Residential Refrigerator and Refrigerator-Freezer Test Procedure and Grant of Interim Waiver, 44603-44607 [2012-18497]

Download as PDF Federal Register / Vol. 77, No. 146 / Monday, July 30, 2012 / Notices Counsel, the title has been shortened to Labor Relations; (3) Type of Request: Renewal; (4) Purpose: The proposed collection will request information from the Department of Energy Facilities Management Contractors for contract administration, management oversight and cost control. This information is used to ensure that Department contractors maintain good labor relations and retain a workforce in accordance with the terms of their contract and in compliance with statutory and regulatory requirements as identified by contract. The respondents are Department Management and Operations and Facility Management Contractors; (5) Annual Estimated Number of Respondents: 35; (6) Annual Estimated Number of Total Responses: 35; (7) Annual Estimated Number of Burden Hours: 1.84 per respondent for total of 64.4 per year; (8) Annual Estimated Reporting and Recordkeeping Cost Burden: $8,310.80. Statutory Authority: 42 U.S.C. 7254, 7256. Issued in Washington, DC, on: July 25, 2012. Jean S. Stucky, Assistant General Counsel for Labor and Pension Law, Office of the General Counsel. [FR Doc. 2012–18496 Filed 7–27–12; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF ENERGY Briefings on Preliminary Findings of 2012 National Electric Transmission Congestion Study Office of Electricity Delivery and Energy Reliability, Department of Energy (DOE). ACTION: Notice of upcoming webinars. AGENCY: Section 216(a)(1) of the Federal Power Act (FPA) requires the Department of Energy (Department or DOE) to complete a study of electric transmission congestion every three years. DOE previously issued the 2006 and 2009 studies and is currently developing the 2012 study. DOE, as part of the consultation process, will host three webinars in August 2012 to receive input and suggestions concerning the preliminary findings of the study. After the webinars, DOE will release a draft of the study for public comment. After reviewing and considering the comments received, DOE will publish a final version of the study. DATES: The webinars are open to the public and will be held on three dates in August: • Tuesday, August 7, from 2:00 to 3:30 p.m. Eastern. mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 17:34 Jul 27, 2012 Jkt 226001 • Thursday, August 16, from 2:00 to 3:30 p.m. Eastern. • Tuesday, August 21, from 2:00 to 3:30 p.m. Eastern. ADDRESSES: Those wishing to participate in these webinars should register in advance at this Web site, http://energy.gov/node/378523 or use the link to the registration available at the Department’s Congestion Study Web site, http://energy.gov/oe/congestionstudy-2012. At these webinars, DOE will set aside time to allow participants to make comments and direct questions to the presenters. Federal law requires DOE to consult with the states in the preparation of the Congestion Study. Accordingly, although stakeholders may participate in any of the webinars, two of these webinars (August 7 and 21) will focus in particular on state officials’ comments and concerns. The third Webinar (August 16) will provide an opportunity to discuss the comments and concerns of all stakeholders. FOR FURTHER INFORMATION CONTACT: David Meyer, DOE Office of Electricity Delivery and Energy Reliability, david.meyer@hq.doe.gov, or call 202– 586–1411. SUPPLEMENTARY INFORMATION: The Energy Policy Act of 2005 (Pub. L. 109– 58) (EPAct) added several new provisions to the Federal Power Act (16 U.S.C. 824p) (FPA), including FPA section 216. FPA section 216(a) requires the Secretary of Energy to conduct a study of electric transmission congestion (‘‘National Electric Transmission Congestion Study’’ or (Congestion Study)) within one year from the date of enactment of EPAct and every three years thereafter. The 2006 and 2009 Congestion Studies reviewed congestion nationwide except for the portion of Texas covered by the Electricity Reliability Council of Texas, to which FPA section 216 does not apply. The 2012 Congestion Study is being developed with a similar scope. FPA section 216(a) requires the congestion study be conducted in consultation with affected States and regional entities identified in FPA section 215. DOE intends to release a draft version of the 2012 Congestion Study later in 2012 for public comment. After reviewing and considering the comments received, DOE will issue a final version of the study. Issued in Washington, DC, on July 20, 2012. Patricia A. Hoffman, Assistant Secretary, Office of Electricity Delivery and Energy Reliability. [FR Doc. 2012–18569 Filed 7–27–12; 8:45 am] BILLING CODE 6450–01–P PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 44603 DEPARTMENT OF ENERGY Office of Energy Efficiency and Renewable Energy [Case No. RF–024] Petition for Waiver of LG Electronics, Inc. From the Department of Energy Residential Refrigerator and Refrigerator-Freezer 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 Granting Application for Interim Waiver, and Request for Public Comments. AGENCY: This notice announces receipt of a petition for waiver from LG Electronics, Inc. (LG) regarding specified portions of the U.S. Department of Energy (DOE) test procedure for determining the energy consumption of electric refrigerators and refrigerator-freezers. It also grants LG with an interim waiver from that procedure. The waiver request pertains to the basic models set forth in LG’s petition that incorporate dual compressors. In its petition, LG provides an alternate test procedure that addresses difficulties in testing dual compressor systems according to the DOE test procedure. DOE solicits comments, data, and information concerning LG’s petition and the suggested alternate test procedure. DATES: DOE will accept comments, data, and information with respect to the LG Petition until, but no later than August 29, 2012. ADDRESSES: You may submit comments, identified by case number ‘‘RF–024,’’ by any of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. • Email: AS_Waiver_Requests@ ee.doe.gov. Include the case number [Case No. RF–024] 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. Docket: For access to the docket to review the background documents SUMMARY: E:\FR\FM\30JYN1.SGM 30JYN1 44604 Federal Register / Vol. 77, No. 146 / Monday, July 30, 2012 / Notices 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 9:00 a.m. and 4:00 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 rulemakings regarding similar refrigerator-freezers. Please call Ms. Brenda Edwards at the above telephone number for additional information. Mr. Bryan Berringer, U.S. Department of Energy, Building Technologies Program, Mail Stop EE–2J, Forrestal Building, 1000 Independence Avenue SW., Washington, DC 20585–0121. Telephone: (202) 586–0371. Email: Bryan.Berringer@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. FOR FURTHER INFORMATION CONTACT: mstockstill on DSK4VPTVN1PROD with NOTICES SUPPLEMENTARY INFORMATION: I. Background and Authority Title III, Part B of the Energy Policy and Conservation Act of 1975 (EPCA), Public Law 94–163 (42 U.S.C. 6291– 6309, as codified, established the Energy Conservation Program for Consumer Products Other Than Automobiles, a program covering most major household appliances, which includes the electric refrigerators and refrigerator-freezers 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 the energy efficiency, energy use, or estimated annual operating costs of a covered product, and that are not unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)). The current test procedure for electric refrigerators and electric refrigeratorfreezers is contained in 10 CFR part 430, subpart B, appendix A1. DOE’s regulations for covered products contain provisions allowing a person to seek a waiver for a particular basic model from the test procedure requirements for covered consumer 1 For editorial reasons, upon codification in the U.S. Code, Part B was re-designated Part A. VerDate Mar<15>2010 17:34 Jul 27, 2012 Jkt 226001 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 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(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). II. Petition for Waiver of Test Procedure On May 10, 2012, LG filed a petition for waiver from the test procedure applicable to residential electric refrigerators and refrigerator-freezers set forth in 10 CFR Part 430, Subpart B, Appendix A1. On June 28, 2012, LG amended its request by revising the list of particular models covered by its request. The May 2012 request initially covered a number of LG and Kenmorebranded products; the June 2012 request revised this list to include only certain LG models. LG is seeking a waiver because it is developing new refrigerator-freezers that incorporate a dual compressor design that is not contemplated under DOE’s test procedure. In its petition, LG seeks a waiver from the existing DOE test procedure applicable to refrigerators and refrigerator-freezers under 10 CFR Part 430 for LG’s dual compressor products. LG states that its dual compressor products use shared compressor systems that are controlled PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 by a 3-way valve. This type of system, LG argues, differ from the independent, sealed systems that the DOE test procedure is designed to address. In its petition, LG has set forth an alternate test procedure and notes in support of its petition that DOE has already granted Sub-Zero a similar waiver pertaining to the use of dual compressor-equipped refrigerators. See 76 FR 71335 (November 17, 2011) (interim waiver) and 77 FR 5784 (February 6, 2012) (Decision and Order). III. Application for Interim Waiver LG also requested an interim waiver from the existing DOE test procedure. Under 10 CFR 430.27(b)(2), each application for interim waiver must demonstrate likely success of the petition for waiver and address the economic hardship and/or competitive disadvantage that is likely to result absent a favorable determination on the application for interim waiver.’’ An interim waiver may be granted if it is determined that the applicant will experience economic hardship if the application for interim waiver is denied; if it appears likely that the petition for waiver will be granted; and/or the Assistant Secretary determines that it would be desirable for public policy reasons to grant immediate relief pending a determination of the petition for waiver. 10 CFR 430.27(g). DOE has determined that LG’s application for interim waiver does not provide sufficient market, equipment price, shipments and other manufacturer impact information to permit DOE to evaluate the economic hardship LG might experience absent a favorable determination on its application for interim waiver. DOE recognizes, however, that the DOE test procedure for dual compressor systems primarily addresses independent, sealed systems, which differ from the shared system used by the models listed in LG’s petition. As a result, it is not possible to test these products using the DOE test procedure, and use of the test procedure would provide test results so unrepresentative as to provide materially inaccurate comparative data. DOE reviewed the alternate procedure and determined that it will alleviate the testing problems associated with LG’s implementation of a dual compressor system. Therefore, it appears likely that LG’s petition for waiver will be granted. For the reasons stated above, DOE grants LG’s application for interim waiver from testing of its refrigeratorfreezer product line containing dual compressors. Therefore, it is ordered that: E:\FR\FM\30JYN1.SGM 30JYN1 Federal Register / Vol. 77, No. 146 / Monday, July 30, 2012 / Notices LG Brand LFX32955** LFX33955** LFX34955** LMX32955** LMX33955** LMX34955** Note: Each ‘‘*’’ represents a letter. mstockstill on DSK4VPTVN1PROD with NOTICES Where: • 1440 = number of minutes in a day; • ET is the test cycle energy (kWh/day); • i is the variable that can equal to 1, 2 or more that identifies the compartment with distinct defrost system; • D is the total number of compartments with distinct defrost systems; • EP1 is the dual compressor energy expended during the first part of the test (it is calculated for a whole number of freezer compressor cycles at least 24 hours in duration and may be the summation of several running periods that do not include any precool, defrost, or recovery periods); • T1 is the length of time for EP1 (minutes); • EP2i is the total energy consumed during the second (defrost) part of the test being conducted for compartment i. (kWh); • T2i is the length of time (minutes) for the second (defrost) part of the test being conducted for compartment i. • CTi is the compressor on time between defrosts for only compartment i. CTi for compartment i with long time automatic defrost system is calculated as per 10 CFR Part 430, Subpart B, Appendix A1 clause 5.2.1.2. CTi for compartment i with variable defrost system is calculated as per 10 CFR part 430 subpart B appendix A1 clause 5.2.1.3. (hours rounded to the nearest tenth of an hour). Stabilization: The test shall start after a minimum 24 hours stabilization run for each temperature control setting. Steady State for EP1: The temperature average for the first and last compressor cycle of the test period must be within 1.0 [degrees] F VerDate Mar<15>2010 17:34 Jul 27, 2012 Jkt 226001 DOE makes decisions on waivers and interim waivers for only those models specifically set out in the petition, not future models that may be manufactured by the petitioner. LG may submit a new or amended petition for waiver and request for grant of interim waiver, as appropriate, for additional models of refrigerator-freezers for which it seeks a waiver from the DOE test procedure. In addition, DOE notes that granting of an interim waiver or waiver does not release a petitioner from the certification requirements set forth at 10 CFR part 429. Further, this interim waiver is conditioned upon the presumed validity of statements, representations, and documents provided by the petitioner. DOE may revoke or modify this interim waiver at any time upon a determination that the factual basis underlying the petition for waiver is incorrect, or upon a determination that the results from the alternate test procedure are unrepresentative of the basic models’ true energy consumption characteristics. (0.6 [degrees] C) of the test period temperature average for each compartment. Make this determination for the fresh food compartment for the fresh food compressor cycles closest to the start and end of the test period. If multiple segments are used for test period 1, each segment must comply with above requirement. Steady State for EP2i: The second (defrost) part of the test must be preceded and followed by regular compressor cycles. The temperature average for the first and last compressor cycle of the test period must be within 1.0 [degrees] F (0.6 [degrees] C) of the EP1 test period temperature average for each compartment. Test Period for EP2i, T2i: EP2i includes precool, defrost, and recovery time for compartment i, as well as sufficient dual compressor steady state run cycles to allow T2i to be at least 24 hours. The test period shall start at the end of a regular freezer compressor on-cycle after the previous defrost occurrence (refrigerator or freezer). The test period also includes the target defrost and following regular freezer compressor cycles, ending at the end of a regular freezer compressor oncycle before the next defrost occurrence (refrigerator or freezer). If the previous condition does not meet 24 hours time, additional EP1 steady state segment data could be included. Steady state run cycle data can be utilized in EP1 and EP2i. Test Measurement Frequency Measurements shall be taken at regular interval not exceeding 1 minute. [End of 5.2.1.4] PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 IV. Alternate Test Procedure For the duration of the interim waiver, LG shall be required to test the products listed above according to the test procedures for residential electric refrigerator-freezers prescribed by DOE at 10 CFR part 430, subpart B, Appendix A1, except that, for the LG products listed above only, replace the multiple defrost system section 5.2.1.4 of Appendix A1 with the following: 5.2.1.4 Dual Compressor Systems with Dual Automatic Defrost. The two-part test method in section 4.2.1 must be used, and the energy consumption in kilowatt-hours per day shall be calculated equivalent to: V. Summary and Request for Comments Through today’s notice, DOE grants LG an interim waiver from the specified portions of the test procedure applicable to LG’s line of refrigerator-freezers with dual compressors and announces receipt of LG’s petition for waiver from those same portions of the test procedure. DOE publishes LG’s petition for waiver pursuant to 10 CFR 430.27(b)(1)(iv). The petition includes a suggested alternate test procedure to determine the energy consumption of LG’s specified refrigerator-freezers with dual compressors. LG is required to follow this alternate procedure as a condition of its interim waiver, and DOE is considering including this alternate procedure in its subsequent Decision and Order. DOE solicits comments from interested parties on all aspects of the petition, including the suggested alternate test procedure and calculation methodology. Pursuant to 10 CFR 430.27(b)(1)(iv), any person submitting written comments to DOE must also send a copy of such comments to the petitioner. The contact information for the petitioner is: John I. Taylor, Vice President, Government Relations and Communications, LG Electronics USA, Inc., 1776 K Street NW., Washington, E:\FR\FM\30JYN1.SGM 30JYN1 EN30JY12.173</GPH> The application for interim waiver filed by LG is hereby granted for LG’s refrigerator-freezer product lines that incorporate dual compressors subject to the following specifications and conditions: (1) LG shall be required to test and rate its refrigerator-freezer product line containing dual compressors according to the alternate test procedure as set forth in section IV, ‘‘Alternate test procedure.’’ (2) The interim waiver applies to the following basic model groups: 44605 44606 Federal Register / Vol. 77, No. 146 / Monday, July 30, 2012 / Notices alleviate the testing problems associated with Sub-Zero’s implementation of a dual compressor system while accurately measuring the energy consumption of these dual products. Id. at 5785. The factors in the Sub-Zero waiver apply equally to LG dual compressor products. LG’s dual compressor products have shared compressor systems, controlled by a 3-way valve, and do not have the independent, sealed systems assumed under the DOE test procedure. Therefore, as recognized by DOE, it is not possible to test such products using the DOE test procedure, and use of the test procedure would provide test results so unrepresentative as to provide materially inaccurate comparative data. LG requests that DOE grant a waiver that would provide for its dual compressor products set forth in Appendix I of this waiver request the following alternative test procedure consistent with the waiver provided to Sub-Zero: LG shall be required to test the products listed in Appendix I of this waiver request according to the test procedures for electric refrigeratorfreezers prescribed by DOE at 10 CFR Part 430, Subpart B, Appendix A1, except that, for the LG products listed in Appendix I of this waiver request only, replace the multiple defrost system section 5.2.1.4 of Appendix A1 with the following: 5.2.1.4 Dual Compressor Systems with Dual Automatic Defrost. The twopart test method in section 4.2.1 must be used, and the energy consumption in kilowatt-hours per day shall be calculated equivalent to: Where: • 1440 = number of minutes in a day • ET is the test cycle energy (kWh/day); • i is the variable that can equal to 1, 2 or more that identifies the compartment with distinct defrost system; • D is the total number of compartments with distinct defrost systems; • EP1 is the dual compressor energy expended during the first part of the test (it is calculated for a whole number of freezer compressor cycles at least 24 hours in duration and may be the summation of several running periods that do not include any precool, defrost, or recovery periods); T1 is the length of time for EP1 (minutes); EP2i is the total energy consumed during the second (defrost) part of the test being conducted for compartment i. (kWh); T2i is the length of time (minutes) for the second (defrost) part of the test being conducted for compartment i. CTi is the compressor on time between defrosts for only compartment i. CTi for compartment i with long time automatic defrost system is calculated as per 10 CFR Part 430, Subpart B, Appendix A1 clause 5.2.1.2. CTi for compartment i with variable defrost system is calculated as per 10 CFR part 430 subpart B appendix A1 clause 5.2.1.3. (hours rounded to the nearest tenth of an hour). Stabilization: The test shall start after a minimum 24 hours stabilization run for each temperature control setting. Steady State for EP1: The temperature average for the first and last compressor cycle of the test mstockstill on DSK4VPTVN1PROD with NOTICES Issued in Washington, DC, on July 16, 2012. Kathleen B. Hogan, Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and Renewable Energy. VerDate Mar<15>2010 17:34 Jul 27, 2012 Jkt 226001 • • • • PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\30JYN1.SGM 30JYN1 EN30JY12.174</GPH> May 10, 2012 The Honorable David Danielson Assistant Secretary, Energy Efficiency and Renewable Energy United States Department of Energy Mail Station EE–1 Forrestal Building 1000 Independence Avenue SW Washington, DC 20585 Re: Petition for Waiver and Application for Interim Waiver, Test Procedure for Refrigerators, Refrigerator-Freezers, and Freezers Dear Assistant Secretary Danielson: LG Electronics, Inc. (LG) respectfully submits this Petition for Waiver and Application for Interim Waiver, pursuant to 10 C.F.R. § 430.27, as related to DOE’s test procedure for refrigerators, refrigerator-freezers, and freezers. 10 C.F.R. Part 430, Subpart B, Appendix A1. This request concerns LG refrigerator-freezers that use dual compressors. DOE has already granted Sub-Zero such waivers. 77 Fed. Reg. 5784 (Feb. 6, 2012) (waiver); 76 Fed. Reg. 71335 (Nov. 17, 2011) (interim waiver). LG requests expedited treatment of the Petition and Application. LG is a manufacturer of refrigeratorfreezers and other products sold worldwide, including in the United States. LG’s U.S. operations are LG Electronics USA, Inc., with headquarters at 1000 Sylvan Avenue, Englewood Cliffs, NJ 07632 (tel. 201– 816–2000). Its worldwide headquarters are located at LG Twin Towers 20, Yoido-dong, Youngdungpo-gu Seoul, Korea 150–721; (tel. 011–82–2–3777– 1114); URL: http.www.LGE.com. LG’s principal brands include LG® and OEM brands, including GE® and Kenmore®. As DOE states in its grant of a waiver to Sub-Zero, DOE’s test procedure for dual compressors under 10 C.F.R. Part 430 assumes independent, sealed systems. In contrast, Sub-Zero’s dual compressor products have shared systems. In such circumstances, DOE recognized that it is not possible to test such dual compressor products using the DOE test procedure, and use of the test procedure would provide test results so unrepresentative as to provide materially inaccurate comparative data. 77 Fed. Reg. at 5784–85. DOE determined that an alternative test procedure set forth in the waiver would DC 20006. All submissions received must 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). 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. mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 77, No. 146 / Monday, July 30, 2012 / Notices period must be within 1.0 [degrees] F (0.6 [degrees] C) of the test period temperature average for each compartment. Make this determination for the fresh food compartment for the fresh food compressor cycles closest to the start and end of the test period. If multiple segments are used for test period 1, each segment must comply with above requirement. Steady State for EP2i: The second (defrost) part of the test must be preceded and followed by regular compressor cycles. The temperature average for the first and last compressor cycle of the test period must be within 1.0 [degrees] F (0.6 [degrees] C) of the EP1 test period temperature average for each compartment. Test Period for EP2i, T2i: EP2i includes precool, defrost, and recovery time for compartment i, as well as sufficient dual compressor steady state run cycles to allow T2i to be at least 24 hours. The test period shall start at the end of a regular freezer compressor on-cycle after the previous defrost occurrence (refrigerator or freezer). The test period also includes the target defrost and following regular freezer compressor cycles, ending at the end of a regular freezer compressor on-cycle before the next defrost occurrence (refrigerator or freezer). If the previous condition does not meet 24 hours time, additional EP1 steady state segment data could be included. Steady state run cycle data can be utilized in EP1 and EP2i. Test Measurement Frequency Measurements shall be taken at regular interval not exceeding 1 minute. * * * * * The waiver should continue until DOE adopts an applicable amended test procedure. LG also requests an interim waiver for its testing and rating of the foregoing models. The petition for waiver is likely to be granted, as evidenced not only by its merits, but also because DOE has granted such a waiver and interim waiver to Sub-Zero. Hence, grant of an interim waiver for LG is appropriate. We would be pleased to discuss this request with DOE and provide further information as needed. LG requests expedited treatment of the Petition and Application. In that regard, DOE states in its March 7, 2011 notice concerning its certification, compliance and enforcement rule, ‘‘The Department renews its commitment to act swiftly on waiver requests.’’ 76 Fed. VerDate Mar<15>2010 17:34 Jul 27, 2012 Jkt 226001 44607 Sincerely, John I. Taylor, Vice President, Government Relations and Communications, LG Electronics USA, Inc., 1776 K Street NW., Washington, DC 20006, Phone: 202–719–3490, Fax: 847–941–8177, Email: john.taylor@lge.com. Of counsel: John A. Hodges, Wiley Rein LLP, 1776 K Street NW., Washington, DC 20006, Phone: 202–719– 7000, Fax: 202–719–7049, Email: jhodges@wileyrein.com. freezers. 10 C.F.R. Part 430, Subpart B, Appendix A1. Specifically, LG requests that DOE grant a waiver that would provide for its dual compressor products set forth in Appendix I hereto (rather than the products set forth in Appendix I to its May 10, 2012 submission). Thank you for consideration of LG’s waiver request. Sincerely, John I. Taylor, Vice President, Government Relations and Communications, LG Electronics USA, Inc., 1776 K Street NW., Washington, DC 20006, Phone: 202–719–3490, Fax: 847–941–8177, Email: john.taylor@lge.com. Of counsel: John A. Hodges, Wiley Rein LLP, 1776 K Street NW., Washington, DC 20006, Phone: 202–719– 7000, Fax: 202–719–7049, Email: jhodges@wileyrein.com. Appendix I Appendix I Reg. 12422, 12442.2 LG appreciates this commitment by DOE. We hereby certify that all manufacturers of domestically marketed units of the same product type have been notified by letter of this petition and application, copies of which letters are set forth in Appendix II hereto. The waiver and interim waiver requested herein should apply to testing and rating of the following model series of refrigeratorfreezers. Please note that the actual model numbers will vary to account for such factors as year of manufacture, product color, or other features. Nonetheless, they will always have dual compressors. (In the chart below, ‘‘#’’ represents a number; ‘‘*’’ represents a letter.) LG Brand LFX3#9##** LMX3#9##** LFC3#7##** LFX2#9##** LMX2#9##** LFC2#7##** BILLING CODE 6450–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Appendix II June 28, 2012 The Honorable David Danielson Assistant Secretary, Energy Efficiency and Renewable Energy United States Department of Energy Mail Station EE–1 Forrestal Building 1000 Independence Avenue SW Washington, DC 20585 Re: Petition for Waiver and Application for Interim Waiver, Test Procedure for Refrigerators, Refrigerator-Freezers, and Freezers Dear Assistant Secretary Danielson: LG Electronics, Inc. (LG) hereby respectfully amends its May 10, 2012 Petition for Waiver and Application for Interim Waiver, pursuant to 10 C.F.R. § 430.27, as related to DOE’s test procedure for refrigerators, refrigerator-freezers, and 2 DOE goes on to state that ‘‘DOE, as a matter of policy, will refrain from enforcement actions related to a waiver request that is pending with the Department.’’ Id. Frm 00029 LG Brand LFX32955** LFX33955** LFX34955** LMX32955** LMX33955** LMX34955** [FR Doc. 2012–18497 Filed 7–27–12; 8:45 am] Kenmore Brand 795.71### 795.72### 795.73### 795.74### PO 00000 The waiver and interim waiver requested herein should apply to testing and rating of the following model series of refrigeratorfreezers. Please note that the actual model numbers will vary to account for such factors as year of manufacture, product color, or other features. Nonetheless, they will always have dual compressors. (In the chart below, ‘‘*’’ represents a letter.) Fmt 4703 Sfmt 4703 Combined Notice of Filings #1 Take notice that the Commission received the following electric rate filings: Docket Numbers: ER12–2159–001. Applicants: Canadian Hills Wind, LLC. Description: Amendment to MBR Application and Tariff Revision to be effective 8/28/2012. Filed Date: 7/19/12. Accession Number: 20120719–5033. Comments Due: 5 p.m. ET 8/9/12. Docket Numbers: ER12–2265–000. Applicants: Canandaigua Power Partners, LLC. Description: Revisions to MarketBased Rate Tariff to be effective 9/17/ 2012. Filed Date: 7/19/12. Accession Number: 20120719–5044. Comments Due: 5 p.m. ET 8/9/12. E:\FR\FM\30JYN1.SGM 30JYN1

Agencies

[Federal Register Volume 77, Number 146 (Monday, July 30, 2012)]
[Notices]
[Pages 44603-44607]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-18497]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. RF-024]


Petition for Waiver of LG Electronics, Inc. From the Department 
of Energy Residential Refrigerator and Refrigerator-Freezer Test 
Procedure and Grant of Interim Waiver

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Notice of Petition for Waiver, Notice of Granting Application 
for Interim Waiver, and Request for Public Comments.

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SUMMARY: This notice announces receipt of a petition for waiver from LG 
Electronics, Inc. (LG) regarding specified portions of the U.S. 
Department of Energy (DOE) test procedure for determining the energy 
consumption of electric refrigerators and refrigerator-freezers. It 
also grants LG with an interim waiver from that procedure. The waiver 
request pertains to the basic models set forth in LG's petition that 
incorporate dual compressors. In its petition, LG provides an alternate 
test procedure that addresses difficulties in testing dual compressor 
systems according to the DOE test procedure. DOE solicits comments, 
data, and information concerning LG's petition and the suggested 
alternate test procedure.

DATES: DOE will accept comments, data, and information with respect to 
the LG Petition until, but no later than August 29, 2012.

ADDRESSES: You may submit comments, identified by case number ``RF-
024,'' by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: AS_Waiver_Requests@ee.doe.gov. Include the case 
number [Case No. RF-024] 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.
    Docket: For access to the docket to review the background documents

[[Page 44604]]

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 
9:00 a.m. and 4:00 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 rulemakings regarding 
similar refrigerator-freezers. Please call Ms. Brenda Edwards at the 
above telephone number for additional information.

FOR FURTHER INFORMATION CONTACT: Mr. Bryan Berringer, U.S. Department 
of Energy, Building Technologies Program, Mail Stop EE-2J, Forrestal 
Building, 1000 Independence Avenue SW., Washington, DC 20585-0121. 
Telephone: (202) 586-0371. Email: Bryan.Berringer@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 Consumer Products Other 
Than Automobiles, a program covering most major household appliances, 
which includes the electric refrigerators and refrigerator-freezers 
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 the energy efficiency, energy use, or estimated annual 
operating costs of a covered product, and that are not unduly 
burdensome to conduct. (42 U.S.C. 6293(b)(3)). The current test 
procedure for electric refrigerators and electric refrigerator-freezers 
is contained in 10 CFR part 430, subpart B, appendix A1.
---------------------------------------------------------------------------

    \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 for a particular basic model from the test 
procedure requirements 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 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(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).

II. Petition for Waiver of Test Procedure

    On May 10, 2012, LG filed a petition for waiver from the test 
procedure applicable to residential electric refrigerators and 
refrigerator-freezers set forth in 10 CFR Part 430, Subpart B, Appendix 
A1. On June 28, 2012, LG amended its request by revising the list of 
particular models covered by its request. The May 2012 request 
initially covered a number of LG and Kenmore-branded products; the June 
2012 request revised this list to include only certain LG models. LG is 
seeking a waiver because it is developing new refrigerator-freezers 
that incorporate a dual compressor design that is not contemplated 
under DOE's test procedure. In its petition, LG seeks a waiver from the 
existing DOE test procedure applicable to refrigerators and 
refrigerator-freezers under 10 CFR Part 430 for LG's dual compressor 
products. LG states that its dual compressor products use shared 
compressor systems that are controlled by a 3-way valve. This type of 
system, LG argues, differ from the independent, sealed systems that the 
DOE test procedure is designed to address. In its petition, LG has set 
forth an alternate test procedure and notes in support of its petition 
that DOE has already granted Sub-Zero a similar waiver pertaining to 
the use of dual compressor-equipped refrigerators. See 76 FR 71335 
(November 17, 2011) (interim waiver) and 77 FR 5784 (February 6, 2012) 
(Decision and Order).

III. Application for Interim Waiver

    LG also requested an interim waiver from the existing DOE test 
procedure. Under 10 CFR 430.27(b)(2), each application for interim 
waiver must demonstrate likely success of the petition for waiver and 
address the economic hardship and/or competitive disadvantage that is 
likely to result absent a favorable determination on the application 
for interim waiver.'' An interim waiver may be granted if it is 
determined that the applicant will experience economic hardship if the 
application for interim waiver is denied; if it appears likely that the 
petition for waiver will be granted; and/or the Assistant Secretary 
determines that it would be desirable for public policy reasons to 
grant immediate relief pending a determination of the petition for 
waiver. 10 CFR 430.27(g).
    DOE has determined that LG's application for interim waiver does 
not provide sufficient market, equipment price, shipments and other 
manufacturer impact information to permit DOE to evaluate the economic 
hardship LG might experience absent a favorable determination on its 
application for interim waiver. DOE recognizes, however, that the DOE 
test procedure for dual compressor systems primarily addresses 
independent, sealed systems, which differ from the shared system used 
by the models listed in LG's petition. As a result, it is not possible 
to test these products using the DOE test procedure, and use of the 
test procedure would provide test results so unrepresentative as to 
provide materially inaccurate comparative data. DOE reviewed the 
alternate procedure and determined that it will alleviate the testing 
problems associated with LG's implementation of a dual compressor 
system. Therefore, it appears likely that LG's petition for waiver will 
be granted.
    For the reasons stated above, DOE grants LG's application for 
interim waiver from testing of its refrigerator-freezer product line 
containing dual compressors. Therefore, it is ordered that:

[[Page 44605]]

    The application for interim waiver filed by LG is hereby granted 
for LG's refrigerator-freezer product lines that incorporate dual 
compressors subject to the following specifications and conditions:
    (1) LG shall be required to test and rate its refrigerator-freezer 
product line containing dual compressors according to the alternate 
test procedure as set forth in section IV, ``Alternate test 
procedure.''
    (2) The interim waiver applies to the following basic model groups:

LG Brand

LFX32955**
LFX33955**
LFX34955**
LMX32955**
LMX33955**
LMX34955**

    Note: Each ``*'' represents a letter.

    DOE makes decisions on waivers and interim waivers for only those 
models specifically set out in the petition, not future models that may 
be manufactured by the petitioner. LG may submit a new or amended 
petition for waiver and request for grant of interim waiver, as 
appropriate, for additional models of refrigerator-freezers for which 
it seeks a waiver from the DOE test procedure. In addition, DOE notes 
that granting of an interim waiver or waiver does not release a 
petitioner from the certification requirements set forth at 10 CFR part 
429.
    Further, this interim waiver is conditioned upon the presumed 
validity of statements, representations, and documents provided by the 
petitioner. DOE may revoke or modify this interim waiver at any time 
upon a determination that the factual basis underlying the petition for 
waiver is incorrect, or upon a determination that the results from the 
alternate test procedure are unrepresentative of the basic models' true 
energy consumption characteristics.

IV. Alternate Test Procedure

    For the duration of the interim waiver, LG shall be required to 
test the products listed above according to the test procedures for 
residential electric refrigerator-freezers prescribed by DOE at 10 CFR 
part 430, subpart B, Appendix A1, except that, for the LG products 
listed above only, replace the multiple defrost system section 5.2.1.4 
of Appendix A1 with the following:
    5.2.1.4 Dual Compressor Systems with Dual Automatic Defrost. The 
two-part test method in section 4.2.1 must be used, and the energy 
consumption in kilowatt-hours per day shall be calculated equivalent 
to:
[GRAPHIC] [TIFF OMITTED] TN30JY12.173

Where:

 1440 = number of minutes in a day;
 ET is the test cycle energy (kWh/day);
 i is the variable that can equal to 1, 2 or more that 
identifies the compartment with distinct defrost system;
 D is the total number of compartments with distinct defrost 
systems;
 EP1 is the dual compressor energy expended during the first 
part of the test (it is calculated for a whole number of freezer 
compressor cycles at least 24 hours in duration and may be the 
summation of several running periods that do not include any 
precool, defrost, or recovery periods);
 T1 is the length of time for EP1 (minutes);
 EP2i is the total energy consumed during the second 
(defrost) part of the test being conducted for compartment i. (kWh);
 T2i is the length of time (minutes) for the second 
(defrost) part of the test being conducted for compartment i.
 CTi is the compressor on time between defrosts for only 
compartment i. CTi for compartment i with long time automatic 
defrost system is calculated as per 10 CFR Part 430, Subpart B, 
Appendix A1 clause 5.2.1.2. CTi for compartment i with variable 
defrost system is calculated as per 10 CFR part 430 subpart B 
appendix A1 clause 5.2.1.3. (hours rounded to the nearest tenth of 
an hour).

    Stabilization:
    The test shall start after a minimum 24 hours stabilization run for 
each temperature control setting.
    Steady State for EP1:
    The temperature average for the first and last compressor cycle of 
the test period must be within 1.0 [degrees] F (0.6 [degrees] C) of the 
test period temperature average for each compartment. Make this 
determination for the fresh food compartment for the fresh food 
compressor cycles closest to the start and end of the test period. If 
multiple segments are used for test period 1, each segment must comply 
with above requirement.
    Steady State for EP2i:
    The second (defrost) part of the test must be preceded and followed 
by regular compressor cycles. The temperature average for the first and 
last compressor cycle of the test period must be within 1.0 [degrees] F 
(0.6 [degrees] C) of the EP1 test period temperature average for each 
compartment.
    Test Period for EP2i, T2i:
    EP2i includes precool, defrost, and recovery time for compartment 
i, as well as sufficient dual compressor steady state run cycles to 
allow T2i to be at least 24 hours. The test period shall start at the 
end of a regular freezer compressor on-cycle after the previous defrost 
occurrence (refrigerator or freezer). The test period also includes the 
target defrost and following regular freezer compressor cycles, ending 
at the end of a regular freezer compressor on-cycle before the next 
defrost occurrence (refrigerator or freezer). If the previous condition 
does not meet 24 hours time, additional EP1 steady state segment data 
could be included. Steady state run cycle data can be utilized in EP1 
and EP2i.
    Test Measurement Frequency Measurements shall be taken at regular 
interval not exceeding 1 minute.
[End of 5.2.1.4]

V. Summary and Request for Comments

    Through today's notice, DOE grants LG an interim waiver from the 
specified portions of the test procedure applicable to LG's line of 
refrigerator-freezers with dual compressors and announces receipt of 
LG's petition for waiver from those same portions of the test 
procedure. DOE publishes LG's petition for waiver pursuant to 10 CFR 
430.27(b)(1)(iv). The petition includes a suggested alternate test 
procedure to determine the energy consumption of LG's specified 
refrigerator-freezers with dual compressors. LG is required to follow 
this alternate procedure as a condition of its interim waiver, and DOE 
is considering including this alternate procedure in its subsequent 
Decision and Order.
    DOE solicits comments from interested parties on all aspects of the 
petition, including the suggested alternate test procedure and 
calculation methodology. Pursuant to 10 CFR 430.27(b)(1)(iv), any 
person submitting written comments to DOE must also send a copy of such 
comments to the petitioner. The contact information for the petitioner 
is: John I. Taylor, Vice President, Government Relations and 
Communications, LG Electronics USA, Inc., 1776 K Street NW., 
Washington,

[[Page 44606]]

DC 20006. All submissions received must 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).
    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.

    Issued in Washington, DC, on July 16, 2012.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

May 10, 2012
The Honorable David Danielson
Assistant Secretary, Energy Efficiency and Renewable Energy
United States Department of Energy
Mail Station EE-1
Forrestal Building
1000 Independence Avenue SW
Washington, DC 20585
Re: Petition for Waiver and Application for Interim Waiver, Test 
Procedure for Refrigerators, Refrigerator-Freezers, and Freezers
Dear Assistant Secretary Danielson:
    LG Electronics, Inc. (LG) respectfully submits this Petition for 
Waiver and Application for Interim Waiver, pursuant to 10 C.F.R. Sec.  
430.27, as related to DOE's test procedure for refrigerators, 
refrigerator-freezers, and freezers. 10 C.F.R. Part 430, Subpart B, 
Appendix A1. This request concerns LG refrigerator-freezers that use 
dual compressors. DOE has already granted Sub-Zero such waivers. 77 
Fed. Reg. 5784 (Feb. 6, 2012) (waiver); 76 Fed. Reg. 71335 (Nov. 17, 
2011) (interim waiver). LG requests expedited treatment of the Petition 
and Application.
    LG is a manufacturer of refrigerator-freezers and other products 
sold worldwide, including in the United States. LG's U.S. operations 
are LG Electronics USA, Inc., with headquarters at 1000 Sylvan Avenue, 
Englewood Cliffs, NJ 07632 (tel. 201-816-2000). Its worldwide 
headquarters are located at LG Twin Towers 20, Yoido-dong, Youngdungpo-
gu Seoul, Korea 150-721; (tel. 011-82-2-3777-1114); URL: 
http.www.LGE.com. LG's principal brands include LG[supreg] and OEM 
brands, including GE[supreg] and Kenmore[supreg].
    As DOE states in its grant of a waiver to Sub-Zero, DOE's test 
procedure for dual compressors under 10 C.F.R. Part 430 assumes 
independent, sealed systems. In contrast, Sub-Zero's dual compressor 
products have shared systems. In such circumstances, DOE recognized 
that it is not possible to test such dual compressor products using the 
DOE test procedure, and use of the test procedure would provide test 
results so unrepresentative as to provide materially inaccurate 
comparative data. 77 Fed. Reg. at 5784-85. DOE determined that an 
alternative test procedure set forth in the waiver would alleviate the 
testing problems associated with Sub-Zero's implementation of a dual 
compressor system while accurately measuring the energy consumption of 
these dual products. Id. at 5785.
    The factors in the Sub-Zero waiver apply equally to LG dual 
compressor products. LG's dual compressor products have shared 
compressor systems, controlled by a 3-way valve, and do not have the 
independent, sealed systems assumed under the DOE test procedure. 
Therefore, as recognized by DOE, it is not possible to test such 
products using the DOE test procedure, and use of the test procedure 
would provide test results so unrepresentative as to provide materially 
inaccurate comparative data.
    LG requests that DOE grant a waiver that would provide for its dual 
compressor products set forth in Appendix I of this waiver request the 
following alternative test procedure consistent with the waiver 
provided to Sub-Zero:
    LG shall be required to test the products listed in Appendix I of 
this waiver request according to the test procedures for electric 
refrigerator-freezers prescribed by DOE at 10 CFR Part 430, Subpart B, 
Appendix A1, except that, for the LG products listed in Appendix I of 
this waiver request only, replace the multiple defrost system section 
5.2.1.4 of Appendix A1 with the following:
    5.2.1.4 Dual Compressor Systems with Dual Automatic Defrost. The 
two-part test method in section 4.2.1 must be used, and the energy 
consumption in kilowatt-hours per day shall be calculated equivalent 
to:
[GRAPHIC] [TIFF OMITTED] TN30JY12.174

Where:
 1440 = number of minutes in a day
 ET is the test cycle energy (kWh/day);
 i is the variable that can equal to 1, 2 or more that 
identifies the compartment with distinct defrost system;
 D is the total number of compartments with distinct defrost 
systems;
 EP1 is the dual compressor energy expended during the first 
part of the test (it is calculated for a whole number of freezer 
compressor cycles at least 24 hours in duration and may be the 
summation of several running periods that do not include any precool, 
defrost, or recovery periods);
 T1 is the length of time for EP1 (minutes);
 EP2i is the total energy consumed during the second (defrost) 
part of the test being conducted for compartment i. (kWh);
 T2i is the length of time (minutes) for the second (defrost) 
part of the test being conducted for compartment i.
 CTi is the compressor on time between defrosts for only 
compartment i. CTi for compartment i with long time automatic defrost 
system is calculated as per 10 CFR Part 430, Subpart B, Appendix A1 
clause 5.2.1.2. CTi for compartment i with variable defrost system is 
calculated as per 10 CFR part 430 subpart B appendix A1 clause 5.2.1.3. 
(hours rounded to the nearest tenth of an hour).
    Stabilization:
    The test shall start after a minimum 24 hours stabilization run for 
each temperature control setting.
    Steady State for EP1:
    The temperature average for the first and last compressor cycle of 
the test

[[Page 44607]]

period must be within 1.0 [degrees] F (0.6 [degrees] C) of the test 
period temperature average for each compartment. Make this 
determination for the fresh food compartment for the fresh food 
compressor cycles closest to the start and end of the test period. If 
multiple segments are used for test period 1, each segment must comply 
with above requirement.
    Steady State for EP2i:
    The second (defrost) part of the test must be preceded and followed 
by regular compressor cycles. The temperature average for the first and 
last compressor cycle of the test period must be within 1.0 [degrees] F 
(0.6 [degrees] C) of the EP1 test period temperature average for each 
compartment.
    Test Period for EP2i, T2i:
    EP2i includes precool, defrost, and recovery time for compartment 
i, as well as sufficient dual compressor steady state run cycles to 
allow T2i to be at least 24 hours. The test period shall start at the 
end of a regular freezer compressor on-cycle after the previous defrost 
occurrence (refrigerator or freezer). The test period also includes the 
target defrost and following regular freezer compressor cycles, ending 
at the end of a regular freezer compressor on-cycle before the next 
defrost occurrence (refrigerator or freezer). If the previous condition 
does not meet 24 hours time, additional EP1 steady state segment data 
could be included. Steady state run cycle data can be utilized in EP1 
and EP2i.
    Test Measurement Frequency Measurements shall be taken at regular 
interval not exceeding 1 minute.
* * * * *
    The waiver should continue until DOE adopts an applicable amended 
test procedure.
    LG also requests an interim waiver for its testing and rating of 
the foregoing models. The petition for waiver is likely to be granted, 
as evidenced not only by its merits, but also because DOE has granted 
such a waiver and interim waiver to Sub-Zero. Hence, grant of an 
interim waiver for LG is appropriate.
    We would be pleased to discuss this request with DOE and provide 
further information as needed.
    LG requests expedited treatment of the Petition and Application. In 
that regard, DOE states in its March 7, 2011 notice concerning its 
certification, compliance and enforcement rule, ``The Department renews 
its commitment to act swiftly on waiver requests.'' 76 Fed. Reg. 12422, 
12442.\2\ LG appreciates this commitment by DOE.
---------------------------------------------------------------------------

    \2\ DOE goes on to state that ``DOE, as a matter of policy, will 
refrain from enforcement actions related to a waiver request that is 
pending with the Department.'' Id.
---------------------------------------------------------------------------

    We hereby certify that all manufacturers of domestically marketed 
units of the same product type have been notified by letter of this 
petition and application, copies of which letters are set forth in 
Appendix II hereto.

Sincerely,
John I. Taylor,
Vice President, Government Relations and Communications, LG 
Electronics USA, Inc., 1776 K Street NW., Washington, DC 20006, 
Phone: 202-719-3490, Fax: 847-941-8177, Email: john.taylor@lge.com.

Of counsel:

John A. Hodges,
Wiley Rein LLP, 1776 K Street NW., Washington, DC 20006, Phone: 202-
719-7000, Fax: 202-719-7049, Email: jhodges@wileyrein.com.

Appendix I

    The waiver and interim waiver requested herein should apply to 
testing and rating of the following model series of refrigerator-
freezers. Please note that the actual model numbers will vary to 
account for such factors as year of manufacture, product color, or 
other features. Nonetheless, they will always have dual compressors.
    (In the chart below, ``'' represents a number; ``*'' 
represents a letter.)

LG Brand

LFX39**
LMX39**
LFC37**
LFX29**
LMX29**
LFC27**

Kenmore Brand

795.71
795.72
795.73
795.74

Appendix II

June 28, 2012
The Honorable David Danielson
Assistant Secretary, Energy Efficiency and Renewable Energy
United States Department of Energy
Mail Station EE-1
Forrestal Building
1000 Independence Avenue SW
Washington, DC 20585
Re: Petition for Waiver and Application for Interim Waiver, Test 
Procedure for Refrigerators, Refrigerator-Freezers, and Freezers
Dear Assistant Secretary Danielson:
    LG Electronics, Inc. (LG) hereby respectfully amends its May 10, 
2012 Petition for Waiver and Application for Interim Waiver, 
pursuant to 10 C.F.R. Sec.  430.27, as related to DOE's test 
procedure for refrigerators, refrigerator-freezers, and freezers. 10 
C.F.R. Part 430, Subpart B, Appendix A1. Specifically, LG requests 
that DOE grant a waiver that would provide for its dual compressor 
products set forth in Appendix I hereto (rather than the products 
set forth in Appendix I to its May 10, 2012 submission).
    Thank you for consideration of LG's waiver request.
Sincerely,
John I. Taylor,
Vice President, Government Relations and Communications, LG 
Electronics USA, Inc., 1776 K Street NW., Washington, DC 20006, 
Phone: 202-719-3490, Fax: 847-941-8177, Email: john.taylor@lge.com.
Of counsel:
John A. Hodges,
Wiley Rein LLP, 1776 K Street NW., Washington, DC 20006, Phone: 202-
719-7000, Fax: 202-719-7049, Email: jhodges@wileyrein.com.

Appendix I

    The waiver and interim waiver requested herein should apply to 
testing and rating of the following model series of refrigerator-
freezers. Please note that the actual model numbers will vary to 
account for such factors as year of manufacture, product color, or 
other features. Nonetheless, they will always have dual compressors.
    (In the chart below, ``*'' represents a letter.)

LG Brand

LFX32955**
LFX33955**
LFX34955**
LMX32955**
LMX33955**
LMX34955**

[FR Doc. 2012-18497 Filed 7-27-12; 8:45 am]
BILLING CODE 6450-01-P