Energy Conservation Program for Consumer Products: Decision and Order Granting a Waiver to Samsung Electronics America, Inc. From the Department of Energy Residential Clothes Washer Test Procedure, 17229-17231 [2017-07108]
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Federal Register / Vol. 82, No. 67 / Monday, April 10, 2017 / Notices
section 2.9 of this appendix, and in
between all test cycles.
(3) This order applies only to the
following basic model: PG8056–208V.
(4) Representations. Miele may make
representations about the energy use of
its dishwasher products for compliance,
marketing, or other purposes only to the
extent that such products have been
tested in accordance with the provisions
outlined above and such representations
fairly disclose the results of such
testing.
(5) This waiver shall remain in effect
consistent with the provisions of 10 CFR
430.27.
Issued in Washington, DC, on 4/4/2017.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
[FR Doc. 2017–07109 Filed 4–7–17; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Office of Energy Efficiency and
Renewable Energy
[Case No. CW–027]
Energy Conservation Program for
Consumer Products: Decision and
Order Granting a Waiver to Samsung
Electronics America, Inc. From the
Department of Energy Residential
Clothes Washer Test Procedure
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Decision and order.
AGENCY:
The U.S. Department of
Energy (DOE) gives notice of a decision
and order (Case No. CW–027) that grants
to Samsung Electronics America, Inc.
(Samsung) a waiver from the DOE test
procedure for determining the energy
consumption of clothes washers. Under
this decision and order, Samsung is
required to test and rate its clothes
washers with clothes containers greater
than 6.0 cubic feet using an alternate
test procedure that takes this larger
capacity into account when measuring
energy consumption.
DATES: This Decision and Order is
effective April 10, 2017.
FOR FURTHER INFORMATION CONTACT: Mr.
Bryan Berringer, U.S. Department of
Energy, Building Technologies Program,
Mail Stop EE–5B, Forrestal Building,
1000 Independence Avenue SW.,
Washington, DC 20585–0121.
Telephone: (202) 586–0371. Email:
Bryan.Berringer@ee.doe.gov.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
20:02 Apr 07, 2017
Jkt 241001
Ms. Elizabeth Kohl, U.S. Department
of Energy, Office of the General Counsel,
Mail Stop GC–33, Forrestal Building,
1000 Independence Avenue SW.,
Washington, DC 20585–0103.
Telephone: (202) 586–7796. Email:
Elizabeth.Kohl@hq.doe.gov.
SUPPLEMENTARY INFORMATION: In
accordance with Title 10 of the Code of
Federal Regulations (10 CFR
430.27(f)(2)), DOE gives notice of the
issuance of its decision and order as set
forth below. The decision and order
grants Samsung a waiver from the
applicable clothes washer test
procedure in 10 CFR part 430, subpart
B, appendix J2 for certain basic models
of clothes washers with capacities
greater than 6.0 cubic feet, provided that
Samsung tests and rates such products
using the alternate test procedure
described in this notice. Samsung’s
representations concerning the energy
efficiency of these products must be
based on testing consistent with the
provisions and restrictions in the
alternate test procedure set forth in the
decision and order below, and the
representations must fairly disclose the
test results. Distributors, retailers, and
private labelers are held to the same
standard when making representations
regarding the energy efficiency of these
products. 42 U.S.C. 6293(c).
Not later than June 9, 2017, any
manufacturer currently distributing in
commerce in the United States a
product employing a technology or
characteristic that results in the same
need for a waiver from the clothes
washer test procedure must submit a
petition for waiver. 10 CFR 430.27(j).
Manufacturers not currently distributing
such products in commerce in the
United States must petition for and be
granted a waiver prior to distribution in
commerce in the United States.
Manufacturers may also submit a
request for interim waiver pursuant to
the requirements of 10 CFR 430.27.
Issued in Washington, DC, on April 4,
2017.
Kathleen Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
Decision and Order
In the Matter of: Samsung Electronics
America, Inc. (Case No. CW–027)
I. Background and Authority
Title III, Part B of the Energy Policy
and Conservation Act of 1975 (EPCA)
(42 U.S.C. 6291–6309) established the
Energy Conservation Program for
Consumer Products Other Than
Automobiles, a program that includes
PO 00000
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Fmt 4703
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17229
residential clothes washers.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
measuring energy efficiency, energy use,
or estimated operating costs, and that
are not unduly burdensome to conduct.
(42 U.S.C. 6293(b)(3)) The test
procedure for residential clothes
washers is contained in 10 CFR part
430, subpart B, appendix J2.
The regulations set forth in 10 CFR
430.27 contain provisions that allow a
person to seek a waiver from the test
procedure requirements for a particular
basic model of a type of covered product
when that basic model contains one or
more design characteristics that: (1)
Prevent testing according to the
prescribed test procedure, or (2) cause
the prescribed test procedures to
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).
DOE may grant the waiver subject to
conditions, including adherence to
alternate test procedures. 10 CFR
430.27(f)(2).
II. Samsung’s Petition for Waiver:
Assertions and Determinations
On August 24, 2016, Samsung
submitted a petition for waiver from the
DOE test procedure applicable to
automatic and semi-automatic clothes
washers set forth in 10 CFR part 430,
subpart B, appendix J2. Samsung
requested the waiver because the mass
of the test load used in the procedure,
which is based on the basket volume of
the test unit, is currently not defined for
basket sizes greater than 6.0 cubic feet.
In its petition, Samsung seeks a waiver
for a specified basic model with a
capacity greater than 6.0 cubic feet.
Table 5.1 of Appendix J2 defines the test
load sizes used in the test procedure as
linear functions of the basket volume.
Samsung requests that DOE grant a
waiver for testing and rating based on a
revised Table 5.1. (See 77 FR 13888,
Mar. 7, 2012; the ‘‘March 2012 Final
Rule’’)
Samsung also requested an interim
waiver from the existing DOE test
procedure, which DOE granted. See 81
FR at 87030 (Dec. 2, 2016). After
reviewing the alternate procedure
suggested by Samsung, DOE granted the
1 For editorial reasons, upon codification in the
U.S. Code, Part B was re-designated Part A.
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10APN1
17230
Federal Register / Vol. 82, No. 67 / Monday, April 10, 2017 / Notices
interim waiver because DOE concluded
that it would allow for the accurate
measurement of the energy use of these
products, while alleviating the testing
problems associated with testing clothes
washers with capacities greater than 6.0
cubic feet.
Samsung’s petition was published in
the Federal Register on December 2,
2016. 81 FR 87030. DOE received three
comments from consumers opposing
Samsung’s petition due to recent recall
of Samsung clothes washers. (Consumer
Commenters, Nos. 3 at p. 1, 4 at p. 4,
and 5 at p. 1) 2 The recall pertains to the
washing machine top can unexpectedly
detach from the washing machine
chassis during use, posing a risk of
injury from impact. This recall involves
34 models of Samsung top-load washing
machines. Although the comments are
about specific Samsung clothes washers
that have been manufactured, the
comments did not address the merits of
the waiver, which would extend Table
5.1 of appendix J2 up to 8.0 cu. ft. for
clothes washers that have not been
manufactured for sale to date.
DOE granted a waiver to Whirlpool
under a Decision and Order (81 FR
26251, May 2, 2016) to allow for the
testing of clothes washers with
container volumes between 6.0 cubic
feet and 8.0 cubic feet. DOE also granted
a waiver to Samsung for a similar
request under two Decisions and Orders
(76 FR 13169, Mar. 10, 2011; 76 FR
50207, Aug. 12, 2011) to allow for the
testing of clothes washers with
container volumes between 3.8 cubic
feet and 6.0 cubic feet. In addition to the
previous waiver granted to Samsung,
DOE granted waivers to LG (CW–016 (76
FR 11233, Mar. 1, 2011), CW–018 (76 FR
21879, Apr. 19, 2011), and CW–021 (76
FR 64330, Oct. 18, 2011)); General
Electric (75 FR 76968, Dec. 10, 2010);
Whirlpool (75 FR 69653, Nov. 15, 2010);
and Electrolux (76 FR 11440, Mar. 2,
2011) to allow for the testing of clothes
washers with container volumes
between 3.8 cubic feet and 6.0 cubic
feet.
For the reasons set forth in DOE’s
March 2012 Final Rule, DOE concludes
that extending the linear relationship
between test load size and container
capacity to larger capacities represents
the best possible approach to
determining load size for large capacity
washers. DOE will continue to evaluate
this issue in the next revision to the
DOE test procedure in appendix J2. In
addition, DOE determines that testing a
basic model with a capacity larger than
6.0 cubic feet using the current
procedure at Appendix J2 could
evaluate the basic models in a manner
so unrepresentative of their true energy
consumption as to provide materially
inaccurate comparative data.
III. Consultations with Other Agencies
DOE consulted with the Federal Trade
Commission (FTC) staff concerning the
Samsung petition for waiver. The FTC
staff did not have any objections to
granting a waiver to Samsung.
IV. Order
After careful consideration of all the
material that was submitted by Samsung
and the commenters, the testing and
analysis conducted for the March 2012
Final Rule, and consultation with the
FTC staff, in accordance with 10 CFR
430.27, it is ORDERED that:
(1) The petition for waiver submitted
by the Samsung Electronics America,
Inc. (Case No. CW–027) is hereby
granted as set forth in the paragraphs
below.
(2) Samsung must test and rate the
Samsung basic model specified in
paragraph (3) on the basis of the current
test procedure contained in 10 CFR part
430, subpart B, appendix J2, except that
Table 5.1 of appendix J2 is
supplemented by the following
additional rows:
TABLE 5.1—TEST LOAD SIZES—SUPPLEMENT
Container volume
Minimum load
cu. ft.
≥<
asabaliauskas on DSK3SPTVN1PROD with NOTICES
6.00–6.10
6.10–6.20
6.20–6.30
6.30–6.40
6.40–6.50
6.50–6.60
6.60–6.70
6.70–6.80
6.80–6.90
6.90–7.00
7.00–7.10
7.10–7.20
7.20–7.30
7.30–7.40
7.40–7.50
7.50–7.60
7.60–7.70
7.70–7.80
7.80–7.90
7.90–8.00
liter
≥<
.................................................
.................................................
.................................................
.................................................
.................................................
.................................................
.................................................
.................................................
.................................................
.................................................
.................................................
.................................................
.................................................
.................................................
.................................................
.................................................
.................................................
.................................................
.................................................
.................................................
lb
169.9–172.7
172.7–175.6
175.6–178.4
178.4–181.2
181.2–184.1
184.1–186.9
186.9–189.7
189.7–192.6
192.6–195.4
195.4–198.2
198.2–201.0
201.0–203.9
203.9–206.7
206.7–209.5
209.5–212.4
212.4–215.2
215.2–218.0
218.0–220.9
220.9–223.7
223.7–226.5
Maximum load
kg
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.00
lb
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
1.36
Average load
kg
24.80
25.20
25.60
26.00
26.40
26.90
27.30
27.70
28.10
28.50
28.90
29.30
29.70
30.10
30.60
31.00
31.40
31.80
32.20
32.60
11.25
11.43
11.61
11.79
11.97
12.20
12.38
12.56
12.75
12.93
13.11
13.29
13.47
13.65
13.88
14.06
14.24
14.42
14.61
14.79
lb
13.90
14.10
14.30
14.50
14.70
14.95
15.15
15.35
15.55
15.75
15.95
16.15
16.35
16.55
16.80
17.00
17.20
17.40
17.60
17.80
Kg
6.30
6.40
6.49
6.58
6.67
6.78
6.87
6.96
7.05
7.14
7.23
7.33
7.42
7.51
7.62
7.71
7.80
7.89
7.98
8.07
(3) This order applies only to the
following basic model: WA63M97**A*.
(4) This waiver shall remain in effect
consistent with the provisions of 10 CFR
430.27.
Issued in Washington, DC, on 4/4/2017.
Kathleen B. Hogan,
2 A notation in the form ‘‘Consumer Commenters,
No. 3 at p. 1, 4 at p. 4 and 5 at p. 1’’ identifies
written comments: (1) Made by the Coy Garrett, Liz
Rowan and Julia Ramirez (hereinafter the
‘‘Consumer Commenters’’); (2) recorded in
document numbers 3, 4 and 5 that are filed in the
docket of this waiver (Docket No. EERE–2016–BT–
WAV–0038) and available for review at
www.regulations.gov; and (3) which appears on
page 1 of document number 3, page 4 of document
4, and page 1 of document 5.
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20:02 Apr 07, 2017
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10APN1
Federal Register / Vol. 82, No. 67 / Monday, April 10, 2017 / Notices
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
[FR Doc. 2017–07108 Filed 4–7–17; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
Combined Notice of Filings
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Take notice that the Commission has
received the following Natural Gas
Pipeline Rate and Refund Report filings:
Filings Instituting Proceedings
Docket Numbers: RP17–573–000.
Applicants: Transcontinental Gas
Pipe Line Company.
Description: Transcontinental Gas
Pipe Line Company, LLC submits tariff
filing per 154.403: Rate Schedule S–2
Tracking Filing, eff. April 1, 2017 to be
effective 4/1/2017.
Filed Date: 03/30/2017.
Accession Number: 20170330–5002.
Comment Date: 5:00 p.m. Eastern
Time on Tuesday, April 11, 2017.
Docket Numbers: RP17–574–000.
Applicants: Equitrans, L.P.
Description: Equitrans, L.P. submits
tariff filing per 154.203: Notice
Regarding Non-Jurisdictional Gathering
Facilities (F–538 W–4832).
Filed Date: 03/30/2017.
Accession Number: 20170330–5004.
Comment Date: 5:00 p.m. Eastern
Time on Tuesday, April 11, 2017.
Docket Numbers: RP17–575–000.
Applicants: Algonquin Gas
Transmission, LLC.
Description: Algonquin Gas
Transmission, LLC submits tariff filing
per 154.204: Negotiated Rate—Boston
Gas to BBPC—793493 & 793498 to be
effective 4/1/2017.
Filed Date: 03/30/2017.
Accession Number: 20170330–5087.
Comment Date: 5:00 p.m. Eastern
Time on Tuesday, April 11, 2017.
Docket Numbers: RP17–576–000.
Applicants: Pine Needle LNG
Company, LLC.
Description: Pine Needle LNG
Company, LLC submits tariff filing per
154.403(d)(2): 2017 Annual Fuel and
Electric Power Tracker Filing to be
effective 5/1/2017.
Filed Date: 03/30/2017.
Accession Number: 20170330–5092.
Comment Date: 5:00 p.m. Eastern
Time on Tuesday, April 11, 2017.
Docket Numbers: RP17–577–000.
Applicants: Algonquin Gas
Transmission, LLC.
Description: Algonquin Gas
Transmission, LLC submits tariff filing
VerDate Sep<11>2014
20:02 Apr 07, 2017
Jkt 241001
per 154.204: Negotiated Rate—Col Gas
to BBPC—793499 & 793524 & 793583 to
be effective 4/1/2017.
Filed Date: 03/30/2017.
Accession Number: 20170330–5097.
Comment Date: 5:00 p.m. Eastern
Time on Tuesday, April 11, 2017.
Docket Numbers: RP17–578–000.
Applicants: Algonquin Gas
Transmission, LLC.
Description: Algonquin Gas
Transmission, LLC submits tariff filing
per 154.204: Negotiated Rates—Spark
Energy—793558 & 793557 & 793584 to
be effective 4/1/2017.
Filed Date: 03/30/2017.
Accession Number: 20170330–5102.
Comment Date: 5:00 p.m. Eastern
Time on Tuesday, April 11, 2017.
Docket Numbers: RP17–579–000.
Applicants: Equitrans, L.P.
Description: Equitrans, L.P. submits
tariff filing per 154.203: Notice
Regarding Non-Jurisdictional Gathering
Facilities (W–7527 F–823).
Filed Date: 03/30/2017.
Accession Number: 20170330–5115.
Comment Date: 5:00 p.m. Eastern
Time on Tuesday, April 11, 2017.
Docket Numbers: RP17–580–000.
Applicants: Colorado Interstate Gas
Company, L.L.C.
Description: Colorado Interstate Gas
Company, L.L.C. submits tariff filing per
154.601: Non-Conforming Negotiated
Rate Update Filing (DCP) to be effective
5/1/2017.
Filed Date: 03/30/2017.
Accession Number: 20170330–5139.
Comment Date: 5:00 p.m. Eastern
Time on Tuesday, April 11, 2017.
Docket Numbers: RP17–581–000.
Applicants: Natural Gas Pipeline
Company of America.
Description: Natural Gas Pipeline
Company of America LLC submits tariff
filing per 154.204: Mercuria Energy
Negotiated Rate to be effective 4/1/2017.
Filed Date: 03/30/2017.
Accession Number: 20170330–5279.
Comment Date: 5:00 p.m. Eastern
Time on Tuesday, April 11, 2017.
Docket Numbers: RP17–582–000.
Applicants: Equitrans, L.P.
Description: Equitrans, L.P. submits
tariff filing per 154.204: Negotiated Rate
Service Agreement—Mercuria Energy
America, Inc. LPS to be effective 5/1/
2017.
Filed Date: 03/30/2017.
Accession Number: 20170330–5301.
Comment Date: 5:00 p.m. Eastern
Time on Tuesday, April 11, 2017.
Docket Numbers: RP17–583–000.
Applicants: Enable Gas Transmission,
LLC.
Description: Enable Gas Transmission,
LLC submits tariff filing per 154.204:
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Negotiated Rate Filing- Non-Conforming
April 2017 Cross Timbers 1007632
Removal to be effective 4/1/2017.
Filed Date: 03/30/2017.
Accession Number: 20170330–5325.
Comment Date: 5:00 p.m. Eastern
Time on Tuesday, April 11, 2017.
Docket Numbers: RP17–584–000.
Applicants: El Paso Natural Gas
Company, L.L.C.
Description: El Paso Natural Gas
Company, L.L.C. submits tariff filing per
154.204: Non-Conforming Agreements
Filing (APS) to be effective 4/1/2017.
Filed Date: 03/31/2017.
Accession Number: 20170331–5002.
Comment Date: 5:00 p.m. Eastern
Time on Wednesday, April 12, 2017.
Docket Numbers: RP17–585–000.
Applicants: ANR Pipeline Company.
Description: ANR Pipeline Company
submits tariff filing per 154.601: 4 Neg
Rate Agmts April 2017 to be effective 4/
1/2017.
Filed Date: 03/31/2017.
Accession Number: 20170331–5004.
Comment Date: 5:00 p.m. Eastern
Time on Wednesday, April 12, 2017.
Docket Numbers: RP17–586–000.
Applicants: Northern Border Pipeline
Company.
Description: Northern Border Pipeline
Company submits tariff filing per
154.601: Sequent Energy Neg Rate Agmt
to be effective 4/1/2017.
Filed Date: 03/31/2017.
Accession Number: 20170331–5005.
Comment Date: 5:00 p.m. Eastern
Time on Wednesday, April 12, 2017.
Docket Numbers: RP17–587–000.
Applicants: East Tennessee Natural
Gas, LLC.
Description: East Tennessee Natural
Gas, LLC submits 2015–2016 Cashout
Report.
Filed Date: 03/30/2017.
Accession Number: 20170330–5361.
Comment Date: 5:00 p.m. Eastern
Time on Tuesday, April 11, 2017.
Docket Numbers: RP17–588–000.
Applicants: Columbia Gas
Transmission, LLC.
Description: Columbia Gas
Transmission, LLC submits tariff filing
per 154.403: OTRA—Summer 2017 to
be effective 5/1/2017.
Filed Date: 03/31/2017.
Accession Number: 20170331–5059.
Comment Date: 5:00 p.m. Eastern
Time on Wednesday, April 12, 2017.
Docket Numbers: RP17–589–000.
Applicants: Hardy Storage Company,
LLC.
Description: Hardy Storage Company,
LLC submits tariff filing per 154.204:
RAM 2017 to be effective 5/1/2017.
Filed Date: 03/31/2017.
Accession Number: 20170331–5060.
E:\FR\FM\10APN1.SGM
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Agencies
[Federal Register Volume 82, Number 67 (Monday, April 10, 2017)]
[Notices]
[Pages 17229-17231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07108]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. CW-027]
Energy Conservation Program for Consumer Products: Decision and
Order Granting a Waiver to Samsung Electronics America, Inc. From the
Department of Energy Residential Clothes Washer Test Procedure
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Decision and order.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (DOE) gives notice of a decision
and order (Case No. CW-027) that grants to Samsung Electronics America,
Inc. (Samsung) a waiver from the DOE test procedure for determining the
energy consumption of clothes washers. Under this decision and order,
Samsung is required to test and rate its clothes washers with clothes
containers greater than 6.0 cubic feet using an alternate test
procedure that takes this larger capacity into account when measuring
energy consumption.
DATES: This Decision and Order is effective April 10, 2017.
FOR FURTHER INFORMATION CONTACT: Mr. Bryan Berringer, U.S. Department
of Energy, Building Technologies Program, Mail Stop EE-5B, 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-33, Forrestal Building, 1000 Independence
Avenue SW., Washington, DC 20585-0103. Telephone: (202) 586-7796.
Email: Elizabeth.Kohl@hq.doe.gov.
SUPPLEMENTARY INFORMATION: In accordance with Title 10 of the Code of
Federal Regulations (10 CFR 430.27(f)(2)), DOE gives notice of the
issuance of its decision and order as set forth below. The decision and
order grants Samsung a waiver from the applicable clothes washer test
procedure in 10 CFR part 430, subpart B, appendix J2 for certain basic
models of clothes washers with capacities greater than 6.0 cubic feet,
provided that Samsung tests and rates such products using the alternate
test procedure described in this notice. Samsung's representations
concerning the energy efficiency of these products must be based on
testing consistent with the provisions and restrictions in the
alternate test procedure set forth in the decision and order below, and
the representations must fairly disclose the test results.
Distributors, retailers, and private labelers are held to the same
standard when making representations regarding the energy efficiency of
these products. 42 U.S.C. 6293(c).
Not later than June 9, 2017, any manufacturer currently
distributing in commerce in the United States a product employing a
technology or characteristic that results in the same need for a waiver
from the clothes washer test procedure must submit a petition for
waiver. 10 CFR 430.27(j). Manufacturers not currently distributing such
products in commerce in the United States must petition for and be
granted a waiver prior to distribution in commerce in the United
States. Manufacturers may also submit a request for interim waiver
pursuant to the requirements of 10 CFR 430.27.
Issued in Washington, DC, on April 4, 2017.
Kathleen Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
Decision and Order
In the Matter of: Samsung Electronics America, Inc. (Case No. CW-
027)
I. Background and Authority
Title III, Part B of the Energy Policy and Conservation Act of 1975
(EPCA) (42 U.S.C. 6291-6309) established the Energy Conservation
Program for Consumer Products Other Than Automobiles, a program that
includes residential clothes washers.\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 measuring energy efficiency, energy use, or estimated operating
costs, and that are not unduly burdensome to conduct. (42 U.S.C.
6293(b)(3)) The test procedure for residential clothes washers is
contained in 10 CFR part 430, subpart B, appendix J2.
---------------------------------------------------------------------------
\1\ For editorial reasons, upon codification in the U.S. Code,
Part B was re-designated Part A.
---------------------------------------------------------------------------
The regulations set forth in 10 CFR 430.27 contain provisions that
allow a person to seek a waiver from the test procedure requirements
for a particular basic model of a type of covered product when that
basic model contains one or more design characteristics that: (1)
Prevent testing according to the prescribed test procedure, or (2)
cause the prescribed test procedures to 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). DOE may grant the waiver subject to conditions,
including adherence to alternate test procedures. 10 CFR 430.27(f)(2).
II. Samsung's Petition for Waiver: Assertions and Determinations
On August 24, 2016, Samsung submitted a petition for waiver from
the DOE test procedure applicable to automatic and semi-automatic
clothes washers set forth in 10 CFR part 430, subpart B, appendix J2.
Samsung requested the waiver because the mass of the test load used in
the procedure, which is based on the basket volume of the test unit, is
currently not defined for basket sizes greater than 6.0 cubic feet. In
its petition, Samsung seeks a waiver for a specified basic model with a
capacity greater than 6.0 cubic feet. Table 5.1 of Appendix J2 defines
the test load sizes used in the test procedure as linear functions of
the basket volume. Samsung requests that DOE grant a waiver for testing
and rating based on a revised Table 5.1. (See 77 FR 13888, Mar. 7,
2012; the ``March 2012 Final Rule'')
Samsung also requested an interim waiver from the existing DOE test
procedure, which DOE granted. See 81 FR at 87030 (Dec. 2, 2016). After
reviewing the alternate procedure suggested by Samsung, DOE granted the
[[Page 17230]]
interim waiver because DOE concluded that it would allow for the
accurate measurement of the energy use of these products, while
alleviating the testing problems associated with testing clothes
washers with capacities greater than 6.0 cubic feet.
Samsung's petition was published in the Federal Register on
December 2, 2016. 81 FR 87030. DOE received three comments from
consumers opposing Samsung's petition due to recent recall of Samsung
clothes washers. (Consumer Commenters, Nos. 3 at p. 1, 4 at p. 4, and 5
at p. 1) \2\ The recall pertains to the washing machine top can
unexpectedly detach from the washing machine chassis during use, posing
a risk of injury from impact. This recall involves 34 models of Samsung
top-load washing machines. Although the comments are about specific
Samsung clothes washers that have been manufactured, the comments did
not address the merits of the waiver, which would extend Table 5.1 of
appendix J2 up to 8.0 cu. ft. for clothes washers that have not been
manufactured for sale to date.
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\2\ A notation in the form ``Consumer Commenters, No. 3 at p. 1,
4 at p. 4 and 5 at p. 1'' identifies written comments: (1) Made by
the Coy Garrett, Liz Rowan and Julia Ramirez (hereinafter the
``Consumer Commenters''); (2) recorded in document numbers 3, 4 and
5 that are filed in the docket of this waiver (Docket No. EERE-2016-
BT-WAV-0038) and available for review at www.regulations.gov; and
(3) which appears on page 1 of document number 3, page 4 of document
4, and page 1 of document 5.
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DOE granted a waiver to Whirlpool under a Decision and Order (81 FR
26251, May 2, 2016) to allow for the testing of clothes washers with
container volumes between 6.0 cubic feet and 8.0 cubic feet. DOE also
granted a waiver to Samsung for a similar request under two Decisions
and Orders (76 FR 13169, Mar. 10, 2011; 76 FR 50207, Aug. 12, 2011) to
allow for the testing of clothes washers with container volumes between
3.8 cubic feet and 6.0 cubic feet. In addition to the previous waiver
granted to Samsung, DOE granted waivers to LG (CW-016 (76 FR 11233,
Mar. 1, 2011), CW-018 (76 FR 21879, Apr. 19, 2011), and CW-021 (76 FR
64330, Oct. 18, 2011)); General Electric (75 FR 76968, Dec. 10, 2010);
Whirlpool (75 FR 69653, Nov. 15, 2010); and Electrolux (76 FR 11440,
Mar. 2, 2011) to allow for the testing of clothes washers with
container volumes between 3.8 cubic feet and 6.0 cubic feet.
For the reasons set forth in DOE's March 2012 Final Rule, DOE
concludes that extending the linear relationship between test load size
and container capacity to larger capacities represents the best
possible approach to determining load size for large capacity washers.
DOE will continue to evaluate this issue in the next revision to the
DOE test procedure in appendix J2. In addition, DOE determines that
testing a basic model with a capacity larger than 6.0 cubic feet using
the current procedure at Appendix J2 could evaluate the basic models in
a manner so unrepresentative of their true energy consumption as to
provide materially inaccurate comparative data.
III. Consultations with Other Agencies
DOE consulted with the Federal Trade Commission (FTC) staff
concerning the Samsung petition for waiver. The FTC staff did not have
any objections to granting a waiver to Samsung.
IV. Order
After careful consideration of all the material that was submitted
by Samsung and the commenters, the testing and analysis conducted for
the March 2012 Final Rule, and consultation with the FTC staff, in
accordance with 10 CFR 430.27, it is ORDERED that:
(1) The petition for waiver submitted by the Samsung Electronics
America, Inc. (Case No. CW-027) is hereby granted as set forth in the
paragraphs below.
(2) Samsung must test and rate the Samsung basic model specified in
paragraph (3) on the basis of the current test procedure contained in
10 CFR part 430, subpart B, appendix J2, except that Table 5.1 of
appendix J2 is supplemented by the following additional rows:
Table 5.1--Test Load Sizes--Supplement
--------------------------------------------------------------------------------------------------------------------------------------------------------
Container volume Minimum load Maximum load Average load
---------------------------------------------------------------------------------------------------------------------------------------------
liter
cu. ft. [gteqt] < [gteqt] < lb kg lb kg lb Kg
---------------------------------------------------------------------------------------------------------------------------------------------
6.00-6.10......................................... 169.9-172.7 3.00 1.36 24.80 11.25 13.90 6.30
6.10-6.20......................................... 172.7-175.6 3.00 1.36 25.20 11.43 14.10 6.40
6.20-6.30......................................... 175.6-178.4 3.00 1.36 25.60 11.61 14.30 6.49
6.30-6.40......................................... 178.4-181.2 3.00 1.36 26.00 11.79 14.50 6.58
6.40-6.50......................................... 181.2-184.1 3.00 1.36 26.40 11.97 14.70 6.67
6.50-6.60......................................... 184.1-186.9 3.00 1.36 26.90 12.20 14.95 6.78
6.60-6.70......................................... 186.9-189.7 3.00 1.36 27.30 12.38 15.15 6.87
6.70-6.80......................................... 189.7-192.6 3.00 1.36 27.70 12.56 15.35 6.96
6.80-6.90......................................... 192.6-195.4 3.00 1.36 28.10 12.75 15.55 7.05
6.90-7.00......................................... 195.4-198.2 3.00 1.36 28.50 12.93 15.75 7.14
7.00-7.10......................................... 198.2-201.0 3.00 1.36 28.90 13.11 15.95 7.23
7.10-7.20......................................... 201.0-203.9 3.00 1.36 29.30 13.29 16.15 7.33
7.20-7.30......................................... 203.9-206.7 3.00 1.36 29.70 13.47 16.35 7.42
7.30-7.40......................................... 206.7-209.5 3.00 1.36 30.10 13.65 16.55 7.51
7.40-7.50......................................... 209.5-212.4 3.00 1.36 30.60 13.88 16.80 7.62
7.50-7.60......................................... 212.4-215.2 3.00 1.36 31.00 14.06 17.00 7.71
7.60-7.70......................................... 215.2-218.0 3.00 1.36 31.40 14.24 17.20 7.80
7.70-7.80......................................... 218.0-220.9 3.00 1.36 31.80 14.42 17.40 7.89
7.80-7.90......................................... 220.9-223.7 3.00 1.36 32.20 14.61 17.60 7.98
7.90-8.00......................................... 223.7-226.5 3.00 1.36 32.60 14.79 17.80 8.07
--------------------------------------------------------------------------------------------------------------------------------------------------------
(3) This order applies only to the following basic model:
WA63M97**A*.
(4) This waiver shall remain in effect consistent with the
provisions of 10 CFR 430.27.
Issued in Washington, DC, on 4/4/2017.
Kathleen B. Hogan,
[[Page 17231]]
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency
and Renewable Energy.
[FR Doc. 2017-07108 Filed 4-7-17; 8:45 am]
BILLING CODE 6450-01-P