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]
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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.
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SUMMARY:
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• 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,
https://energy.gov/node/378523 or use
the link to the registration available at
the Department’s Congestion Study Web
site, https://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
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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: https://
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:
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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:
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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.
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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
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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:
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LG Brand
LFX32955**
LFX33955**
LFX34955**
LMX32955**
LMX33955**
LMX34955**
Note: Each ‘‘*’’ represents a letter.
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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
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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]
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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,
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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:
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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
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Issued in Washington, DC, on July 16,
2012.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
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•
•
•
•
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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.
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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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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: https://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.
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\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.
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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