Federal Register, Volume 75, Number 226, November 24, 2010, Pages 71519-72652 Page: 71,681
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Federal Register/Vol. 75, No. 226/Wednesday, November 24, 2010/Notices
* Federal eRulemaking Portal: http://
www.regulations.gov. Follow the
instructions for submitting comments.
* E-mail:
AS_Waiver Requests@ee.doe.gov
Include "Case No. CW-016" in the
subject line of the message.
* Mail: Ms. Brenda Edwards, U.S.
Department of Energy, Building
Technologies Program, Mailstop EE-2J/
1000 Independence Avenue, SW.,
Washington, DC 20585-0121.
Telephone: (202) 586-2945. Please
submit one signed original paper copy.
* Hand Delivery/Courier: Ms. Brenda
Edwards, U.S. Department of Energy,
Building Technologies Program, 950
L'Enfant Plaza SW., Suite 600,
Washington, DC 20024. Please submit
one signed original paper copy.
Instructions: All submissions received
should include the agency name and
case number for this proceeding. Submit
electronic comments in WordPerfect,
Microsoft Word, Portable Document
Format (PDF), or text (American
Standard Code for Information
Interchange (ASCII)) file format and
avoid the use of special characters or
any form of encryption. Wherever
possible, include the electronic
signature of the author. DOE does not
accept telefacsimiles (faxes).
Any person submitting written
comments must also send a copy to the
petitioner, pursuant to 10 CFR
430.27(d). The contact information for
the petitioner is: John I. Taylor, Vice
President, Government Relations and
Communications, LG Electronics USA,
Inc., 1776 K Street, NW., Washington,
DC 20006; (202) 719-3490; E-mail:
john.taylor@lge.com.
According to 10 CFR 1004.11, any
person submitting information that he
or she believes to be confidential and
exempt by law from public disclosure
should submit two copies to DOE: One
copy of the document including all the
information believed to be confidential,
and one copy of the document with the
information believed to be confidential
deleted. DOE will make its own
determination about the confidential
status of the information and treat it
according to its determination.
Factors of interest to DOE when
evaluating requests to treat submitted
information as confidential include: (1)
A description of the items; (2) whether
and why such items are customarily
treated as confidential within the
industry; (3) whether the information is
generally known by or available from
other sources; (4) whether the
information has previously been made
available to others without obligation
concerning its confidentiality; (5) anthe submitting person which would
result from public disclosure; (6) a date
upon which such information might
lose its confidential nature due to the
passage of time; and (7) why disclosure
of the information would be contrary to
the public interest.
Docket: For access to the docket to
review the background documents
relevant to this matter, you may visit the
U.S. Department of Energy, 950 L'Enfant
Plaza SW., (Resource Room of the
Building Technologies Program),
Washington, DC, 20024; (202) 586-2945,
between 9 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
Available documents include the
following items: (1) This notice; (2)
public comments received; (3) the
petition for waiver and application for
interim waiver; and (4) prior DOE
waivers and rulemakings regarding
similar clothes washer products. Please
call Ms. Brenda Edwards at the above
telephone number for additional
information regarding visiting the
Resource Room.
FOR FURTHER INFORMATION CONTACT: Dr.
Michael G. Raymond, U.S. Department
of Energy, Building Technologies
Program, Mail Stop EE-2J, Forrestal
Building,
1000 Independence Avenue, SW.,
Washington, DC 20585-0121.
Telephone: (202) 586-9611. E-mail:
Michael.Raymond@ee.doe.gov.
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. E-mail:
Elizabeth.Kohl@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Authority
Title III of the Energy Policy and
Conservation Act ("EPCA") sets forth a
variety of provisions concerning energy
efficiency. Part A of Title III provides for
the "Energy Conservation Program for
Consumer Products Other Than
Automobiles." (42 U.S.C. 6291-6309).
Part A includes definitions, test
procedures, labeling provisions, energy
conservation standards, and the
authority to require information and
reports from manufacturers. Further,
Part A authorizes the Secretary of
Energy to prescribe test procedures that
are reasonably designed to produce
results which measure energy
efficiency, energy use, or estimated
operating costs, and that are not unduly
burdensome to conduct. (42 U.S.C.
6293(b)(3)). The test procedure forautomatic and semi-automatic clothes
washers is contained in 10 CFR part
430, subpart B, appendix J1.
The regulations set forth in 10 CFR
430.27 contain provisions that enable a
person to seek a waiver from the test
procedure requirements for covered
consumer products. A waiver will be
granted by the Assistant Secretary for
Energy Efficiency and Renewable
Energy (the Assistant Secretary) if it is
determined that the basic model for
which the petition for waiver was
submitted contains one or more design
characteristics that prevents testing of
the basic model according to the
prescribed test procedures, or if the
prescribed test procedures may evaluate
the basic model in a manner so
unrepresentative of its true energy
consumption characteristics as to
provide materially inaccurate
comparative data. 10 CFR 430.27(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. 10 CFR
430.27(b)(1)(iii). The Assistant Secretary
may grant the waiver subject to
conditions, including adherence to
alternate test procedures. 10 CFR
430.27(1). Waivers remain in effect
pursuant to the provisions of 10 CFR
430.27(m).
The waiver process also allows the
Assistant Secretary to grant an interim
waiver from test procedure
requirements to manufacturers that have
petitioned DOE for a waiver of such
prescribed test procedures. 10 CFR
430.27(a)(2). An interim waiver remains
in effect for 180 days or until DOE
issues its determination on the petition
for waiver, whichever is sooner. An
interim waiver may be extended for an
additional 180 days. 10 CFR 430.27(h).
II. Application for Interim Waiver and
Petition for Waiver
On September 24, 2010, LG filed a
petition for waiver and application for
interim waiver from the test procedure
applicable to automatic and semi-
automatic clothes washers set forth in
10 CFR part 430, subpart B, appendix J1.
In particular, LG requested a waiver to
test its clothes washers with basket
volumes greater than 3.8 cubic feet on
the basis of the residential test
procedures contained in 10 CFR part
430, Subpart B, Appendix J1, with a
revised Table 5.1 which extends the
range of container volumes beyond 3.8
cubic feet.
LG's petition seeks a waiver from the
DOE test procedure because the mass of
the test load used in the procedure,
which is based on the basket volume of71681
explanation of the competitive injury to
the test unit, is currently not defined for
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United States. Office of the Federal Register. Federal Register, Volume 75, Number 226, November 24, 2010, Pages 71519-72652, periodical, November 24, 2010; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc52807/m1/171/: accessed April 25, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.