[Federal Register Volume 77, Number 146 (Monday, July 30, 2012)]
[Notices]
[Pages 44603-44607]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-18497]
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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. RF-024]
Petition for Waiver of LG Electronics, Inc. From the Department
of Energy Residential Refrigerator and Refrigerator-Freezer Test
Procedure and Grant of Interim Waiver
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of Petition for Waiver, Notice of Granting Application
for Interim Waiver, and Request for Public Comments.
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SUMMARY: This notice announces receipt of a petition for waiver from LG
Electronics, Inc. (LG) regarding specified portions of the U.S.
Department of Energy (DOE) test procedure for determining the energy
consumption of electric refrigerators and refrigerator-freezers. It
also grants LG with an interim waiver from that procedure. The waiver
request pertains to the basic models set forth in LG's petition that
incorporate dual compressors. In its petition, LG provides an alternate
test procedure that addresses difficulties in testing dual compressor
systems according to the DOE test procedure. DOE solicits comments,
data, and information concerning LG's petition and the suggested
alternate test procedure.
DATES: DOE will accept comments, data, and information with respect to
the LG Petition until, but no later than August 29, 2012.
ADDRESSES: You may submit comments, identified by case number ``RF-
024,'' by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Email: [email protected]. 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: [email protected].
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: [email protected].
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.
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\1\ For editorial reasons, upon codification in the U.S. Code,
Part B was re-designated Part A.
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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: [email protected].
Of counsel:
John A. Hodges,
Wiley Rein LLP, 1776 K Street NW., Washington, DC 20006, Phone: 202-
719-7000, Fax: 202-719-7049, Email: [email protected].
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: [email protected].
Of counsel:
John A. Hodges,
Wiley Rein LLP, 1776 K Street NW., Washington, DC 20006, Phone: 202-
719-7000, Fax: 202-719-7049, Email: [email protected].
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